Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2024-05-28 PL-BOA-2024-000104 Coupe Order Exhibits COMBINED_v1
EXHIBIT 1 BEFORE THE PLANNING DIRECTOR PLANNING DEPARTMENT COUNTY OF HAWAII STATE OF HAWAII In the Matter of DOCKET NO. 24-0001 DECLARATORY ORDER; EXHIBITS "A"—"C" C&J COUPE FAMILY LIMITED PARTNERSHIP, Petitioner ZENDO KERN, PLANNING DIRECTOR, COUNTY OF HAWAI`I'S DECLARATORY ORDER I. BACKGROUND Hokuli`a is a master-planned community located in Kealakekua, Hawaii ("Project") originally developed by 1250 Oceanside Partners (the "Original Developer"). On January 15, 1996, the Original Developer obtained two ordinances to rezone the property comprising the Project: County of Hawaii ("County") Ordinance No. 96-7 and 96-8 (collectively "Ordinances"), among other approvals. Together, the Ordinances rezoned the Project property to Agricultural 1-acre, subject to various conditions. Following the Ordinances' enactment, the Original Developer entered into a Development Agreement with the County, dated April 20, 1998, which set forth, inter alio, requirements relating to the acquisition of land for and the construction of a bypass road, the development of a shoreline park, and the donation of a right- of-way to the park ("Development Agreement"). In consideration, the Original Developer was granted the right to develop the Project in accordance with the Ordinances and other approvals in 1 EXHIBIT 1 force as of the date of the Development Agreement. In other words, the Ordinances and other land use regulations applicable to the Project were "locked in" as of the date of the Development Agreement for a period of thirty years. As permitted by Hawai`i County Code ("HCC") § 23-81 (1983), and in lieu of actual construction of infrastructure and roadway improvements, the Ordinances allowed, the Original Developer to enter into an agreement with the County assuring the County the improvements would be constructed,provided the Original Developer post an appropriate bond, surety or other security deemed acceptable to the County. Upon the execution of such agreement and the deposit of the security with the County, final subdivision approval would be granted prior to the actual construction of improvements pursuant to HCC § 23-81. Further, the Development Agreement required the Original Developer to post a bond in favor of the County to assure that the improvements relating to various roadway requirements would be constructed prior to the issuance of the first final small-lot subdivision approval for any portion of the Project. Development Agreement § 13(b). The Original Developer entered into a series of agreements and posted bonds for various portions of the required improvements. These included, inter alia, agreements for regional traffic improvements, subdivision improvements, and road maintenance. Based on these agreements and the bonds, the County issued final subdivision approval for Phase I of the Project on September 18, 1999, and Phase II on December 1, 2000. Portions of the covered improvements were constructed by the Original Developer but many were uncompleted within the deadlines set in the agreements. On April 29, 2010, Corporation Counsel Lincoln Ashida wrote to the Original Developer detailing the material breach of the Development Agreement and subdivision 2 agreements due to the failure to timely construct the required improvements and the invalidity of the bonds provided to the County. See Mr. Ashida's letter to John De Fries, dated April 29, 2010, attached hereto as Exhibit"A". In 2012, 1250 Oceanside, LLC ("Oceanside") acquired the Original Developer's outstanding loans and took over the Project. Over the years,the Mamalahoa Bypass Road ("Bypass"), the Haleki`i Street extension and portions of the subdivision improvements were constructed. The property underlying the Bypass was conveyed to the County and the extension of Haleki`i Street to the mauka side of the Bypass ("Mauka Haleki`i Extension") was accepted by the Hawai`i County Council ("Council") through dedication. County Resolution No. 317-12, adopted November 9, 2012 ("Resolution 317-12"). After multiple inquiries with the County about the status of the dedication of the internal Project roadways, i.e., a continuation of Haleki`i Street makai of the Bypass ("Makai Haleki`i Extension") and a north-south connector stub road from the Makai Haleki`i Extension to the boundaries of the Project's adjoining properties ("Connector Road"), and other matters, on March 31, 2023, C & J Coupe Family Limited Partnership ("Petitioner"), an adjacent landowner, filed an action in the Circuit Court of the Third Circuit, State of Hawai`i alleging that Oceanside has failed to comply with, and the County has failed to enforce, the Ordinances, among other claims. See C&J Couple Family Limited P'Ship v. County of Hawai`i et al., Civil No. 3CCV- 23-0000123 ("Lawsuit"). On September 15, 2023, the Circuit Court ruled Petitioner"shall avail itself of the declaratory ruling procedure provided under Hawai`i Revised Statutes ("Haw. Rev. Stat.") ch. 91 and Planning's Rules of Practice and Procedure to seek a declaratory ruling from the Planning Director regarding the issues raised in the Complaint, including Oceanside's 3 compliance with the Ordinances and Development Agreement."1 Order Granting in Part County Defendants'Motion to Dismiss the Complaint for Declaratory and Injunctive Relief Filed March 31, 2023 [Dkt.1], Filed March 25, 2023 [Dkt. 21], and Staying Proceedings Pending Referral to County of Hawai`i Planning Department,filed in the Lawsuit on January 19, 2024, at 7, Dkt 151; see also Order Re:Defendant 1250 Oceanside LLC's Motion to Dismiss Complaint, Filed March 31, 2023 [Dkt. 1], Filed May 11, 2023 [Dkt. 15], filed in Lawsuit on January 12, 2024, at 6, Dkt. 149. Petitioner filed its Petition for Declaratory Ruling on February 7, 2024, and Supplement to Petition for Declaratory Ruling, submitted on February 7, 2024 on March 27, 2024 (collectively, "Petition"). Oceanside filed its Petition for Declaratory Ruling on February 27, 2024 ("Oceanside Petition"). IL APPLICABLE RULES; DIRECTOR AUTHORITY Pursuant to Haw. Rev. Stat. § 91-8 (2012): [a]ny interested person may petition an agency for a declaratory order as to the applicability of any statutory provision or of any rule or order of the agency. Each agency shall adopt rules prescribing the form of the petitions and the procedure for their submission, consideration, and prompt disposition. Orders disposing of petitions in such cases shall have the same status as other agency orders. Planning's Rules of Practice and Procedure ("Planning Rules") govern the declaratory ruling process. Rule 3.1(a)thereof gives Planning's Director("Director") the discretion to "issue a declaratory order as to the applicability of any statutory provision, ordinance, or any rule or order of the Director or the Department." Planning Rule 3-1(b) requires that the filing of a petition for a declaratory ruling must contain: 1 "Planning" or"Department" as used herein means the County's Planning Department. 4 (1) A non-refundable filing and processing fee of one hundred dollars; (2) Name, address, telephone number,if available, and signature of each petitioner; (3) A designation of the specific provision,rule, or order in question, together with a statement of the controversy or uncertainty involved; and (4) A statement of the petitioner's position or contention; and (5) A memorandum of authorities, containing a full discussion of reasons and legal authorities in support of such position or contention. The declaratory ruling procedure is one "whereby an interested party could seek agency advice as to how a statute, agency rule, or order would apply to particular circumstances not yet determined." Citizens Against Reckless Development v. Zoning Board of Appeals of the City and County of Honolulu ("CARD"), 114 Hawai`i 184, 197, 159 P.3d 143, 156 (2007). "Use of the declaratory ruling procedural device only makes sense where the applicability of relevant law is unknown, either because the agency has not yet acted upon particular factual circumstances, or for some other reason the applicability of some provisions of law have not been brought into consideration." Id. [T]he declaratory ruling procedure was not intended to be utilized to seek review of agency determinations that have already been made and which have not been timely appealed." Id., 114 Hawaii at 196, 159 P.3d at 155. III. ANALYSIS; RULING A. Petitioner's Request The Petition requests the Director to issue a declaratory ruling as to the following questions: 1. Determine whether the Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. 5 2. Determine whether the Planning Director has the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. 3. Determine which County official, if any, has the power to excuse a breach of the Development Agreement. 4. Determine whether Oceanside has, within the timeframe allotted, completed the following: a. designed and constructed/built the roads required under the Development Agreement and Incorporated Ordinances; and b. dedicated the roads required under the Development Agreement and Incorporated Ordinances. 5. Determine whether Resolution 317-12 and the Variance improperly amended the Development Agreement and Incorporated Ordinances. 6. Determine whether the Variance is unlawful, impermissible, and not authorized under Hawaii law. 7. Whether Petitioner received notice of the Variance, as required under the express dictate of County law. 8. Determine whether obligations in a development agreement can be excused by Variance under the Hawaii Constitution, HRS, Hawaii Charter, County Code, and Development Agreement. 9. Determine whether Resolution 317-12, as an improper attempt to amend the Development Agreement and Incorporated Ordinances,required notice to Petitioner which was not provided. 10. Determine whether the failures to provide notice of the Variance and Resolution were violations of Petitioner's right to due process of law. By its Supplemental Petition, Petitioner has requested the Director to issue a declaratory ruling as to the following additional questions: 1. Petitioner requests that Planning determine and declare whether Planning has primary jurisdiction to render decisions on the following issues: • Interpretation of Development Agreement • Interpretation, administration, and enforcement of Ordinances and Conditions 6 • Validity/propriety of Variance No. VAR 10 027 and whether final decision on Variance has been made. 2. If Planning determines that is has authority to render decisions on the issues listed above, Petitioner requests that Planning identify the source of its authority. 3. Petitioner requests that Planning Director or Planning specifically identify those elements "well understood" by Planning that determine whether Oceanside is violating County law. 4. Petitioner requests that Planning identify the codes, rules, and requirements of Hawai'i law applicable to the issues in this matter, and identify Planning's final decision regarding Oceanside's compliance with or violation of, the same. 5. Petitioner request that Planning identify its final agency action on the applicability of the Ordinances and Conditions to Oceanside's property. 6. Petitioner requests that Planning state its interpretation of Ordinances and Conditions as applied to Oceanside's property. 7. Petitioner requests that Planning indicate its final agency action determining Oceanside's obligations under and compliance with, Ordinances and Conditions. 8. Petitioner requests that Planning identify its final agency action for Oceanside's alleged violations of Conditions. 9. Petitioner requests that Planning determine whether the construction standards and deadlines for the roadways are/were within the discretion of the County. 10. Petitioner requests that Planning identify whether there is any ambiguity regarding the applicability of the dedication requirements set forth in Ordinances and whether this allows County and Oceanside to present extrinsic evidence at the declaratory ruling hearing showing the County Council's intent regarding Ordinances. 11. Petitioner requests that Planning state whether Planning has rendered a final decision on Variance. 12. If Planning determines that it has rendered a final decision on Variance, Petitioner requests that Planning identify the date such decision was rendered. 13. If Planning determines that it has not rendered a final decision on Variance, Petitioner requests that Planning issue its final decision on Variance. 14. Petitioner requests that Planning declare whether its approval of a variance action is a"final agency action" that can be appealed. Conversely, if Planning determines that such 7 decisions are not ripe for appeal; Petitioner requests that Planning provide an explanation and the legal basis therefor. 15. Petitioner requests that Planning identify the appropriate appellate tribunal to review Planning's decisions on variances. 16. Petitioner requests that Planning identify whether Oceanside was required to "provide roadway stub-outs ... to provide further connections between the [Hokuli'a Development Project] and its adjacent north and south boundaries. 17. Petitioner requests that Planning identify whether these roadway stub-outs were required so that future connections could provide access between properties adjacent to the Hokuli'a Development Project. 18. Petitioner requests that Planning identify whether Oceanside's requirement to build the "roadway stub-outs" is dependent on the development of Petitioner's property. 19. Petitioner requests that Planning state whether it will bring a zoning enforcement action against Oceanside. B. Department's Response 1. Questions Outside the Scope of the Director's Authority: Non-Compliance With Planning Rule 3-1(b) Questions posed which do not comply with the requirements of Planning Rule 3-1(b) will not be addressed in this Order. The following questions do not designate a specific provision, rule or order of the Director or the Department as Planning Rule 3-1(b)(3) requires: Initial Petition a. Question 1 does not designate any specific provision, rule or order of the Director or the Department. It seeks an interpretation of the Development Agreement but the Development Agreement is not a Department order. b. Questions 3, 8, and 10 do not designate a specific provision,rule or order of the Director or the Department. Supplemental Petition 8 a. Questions 1, 5, 7, 8, 9, 11, 12, 13, 16, 17, 18, and 19 do not designate any specific provision, rule or order of the Director or the Department. b. Questions 2, 3, 4, 14, and 15 do not designate any specific provision,rule or order of the Director or the Department and are an inappropriate reversal of the Petitioner's and Director's roles pursuant to Rule 3-1(b) in that, rather than providing the Director with the law to be applied and interpreted, Petitioner requests the Director cite to the applicable law. 2. Questions Outside the Scope of the Director's Authority: Requesting Review of Prior Reviewable Actions The following questions are focused on concrete agency decisions or past actions, whether by the Department or another agency of the County, for which other means of review are or were available. These requests are inconsistent with the purpose of Haw. Rev. Stat. ch. 91 and Planning Rule 3, see CARD, 114 Hawai`i at 197, 159 P.3d at 156, and, therefore, they will not be addressed in this Order: Initial Petition 1. Question 2 seeks an interpretation of the Development Agreement but the Development Agreement is not a Department order. 2. Question 5 seeks an interpretation of the Development Agreement but the Development Agreement is not a Department order, and/or seeks review or affirmance of a Council action over which the Director has no authority, and/or seeks review or affirmance of a past Department action, i.e., the issuance of Variance 10-027, which is no longer appealable. See CARD, 114 Hawai`i at 196, 159 P.3d at 155 (explaining declaratory ruling procedure not for review of past agency decisions which are no longer appealable). 9 3. Questions 6 and 7 seek review or affirmance of a past Department action, i.e., the issuance of Variance 10-027, which is no longer appealable. See CARD, 114 Hawai`i at 196, 159 P.3d at 155. 4. Question 9 seeks review or affirmance of a Council action over which the Director has no authority. Supplemental Petition 1. Questions 11, 12, and 13 seek review or affirmance of a past Department action, i.e.,the issuance of Variance 10-027, which is no longer appealable. See CARD, 114 Hawai`i at 196, 159 P.3d at 155. To avoid an unauthorized exercise of discretion, the Director will not address the Petition's above-referenced questions. 2. Questions Partially Within the Scope of the Director's Authority To the extent Initial Petition Question 4 requests the Director to interpret the Development Agreement, the question will not be addressed in this Order. To the extent that Supplemental Question 10 seeks procedural advice from the Director, the question will not be addressed in this Order. However, addressing the Ordinances' requirements and Oceanside's compliance therewith is a question which seeks Department advice on how a statute, agency rule, or order would apply to a specific set of facts. To the extent Initial Petition Question 4 and Supplemental Petition Questions 6 and 10 request an interpretation of the Ordinances' conditions as applied to the Project,those questions are within the Director's authority. a. The Ordinances' Relevant Requirements Ordinance 96-7, Conditions M(4) and M(5), require that"[p]rior to the issuance of Final Subdivision Approval for any portion of subject property", the applicant shall "construct" 10 the Mauka Haleki`i Extension and Makai Haleki`i Extension and "provide"the Connector Road, and the phasing of the same shall be approved by the County's Department of Public Works ("DPW"). See Ordinance 96-7, at 15-16, attached hereto as Exhibit "B". Ordinance 96-7, Condition K, requires that, "prior to final subdivision approval, or any land alteration activity," a "final comprehensive public access plan shall be developed" and include, inter alia,public "mauka-makai and lateral shoreline accesses". Ordinance 96-7, at 12- 13 (Exhibit"B"). Ordinance 96-7, Condition L, requires the "right to public access and recreational use of[the Project's] privately owned coastline park and trails" be conveyed to the County "by way of a perpetual easement". Id., at 14. Condition L specifically requires the applicant to retain fee simple ownership of the shoreline park and, to the extent any roadway, trail or other rights-of-way become deemed a public highway or trail under Haw. Rev. Stat. ch. 264, Condition L shall no longer be applicable. See id. Ordinance 96-8, Conditions L(4) and L(5), also require the construction of certain roadway improvements prior to the issuance of final subdivision approval for any portion of the Project, including construction of the Mauka Haleki`i Extension, Makai Haleki`i Extension and the Connector Road. See Ordinance 96-8, at 24, attached hereto as Exhibit "C". Ordinance 96- 8, Condition M, requires all roadway improvements stated in Ordinance 96-8, Condition L, be dedicated to the County. See id., at 26. b. Compliance and Non-compliance Taken in their entirety, the Ordinances' roadway and public access requirements expressly require the Mauka Haleki`i Extension, Makai Haleki`i Extension and Connector Road 11 be dedicated to the County. Council accepted the dedication of the Mauka Haleki`i Extension on November 9, 2012. See Resolution 317-12. Council's acceptance of the Mauka Haleki`i Extension under Resolution 317-12 was a legislative act which received input from DPW. The Director neither had nor has authority over Resolution 317-12. To the extent the Mauka Haleki`i Extension was effectively dedicated, such dedication adequately satisfied those portions of Ordinance 96-7, Condition M(4), and Ordinance 96-8, Condition L(4), applicable to the Mauka Haleki`i Extension. As noted above, the Ordinances' roadway improvement conditions were initially satisfied by the Original Developer's agreements and bonds pursuant to HCC §§ 23-81, 23-82, and 23-83, which allowed the issuance of final subdivision approval based on the construction assurances provided in the agreements and secured by the bonds. The agreements have not been satisfied and the bonds are no longer valid or enforceable. Thus, Oceanside has not fully satisfied the Ordinances'roadway improvement and dedication requirements because the Makai Haleki`i Extension and Connector Road have not been dedicated to the County. In order to comply with the Ordinances, Oceanside must construct the Makai Haleki`i Extension and Connector Road to a condition approved by DPW and dedicate the Makai Haleki`i Extension and Connector Road to the County. IV. REQUEST FOR PUBLIC HEARING Planning Rule 3-2 requires that: [A]ny petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall submit a written request for a hearing, setting forth in the request the reasons why the matters alleged in the petition and the supporting material submitted will not permit the fair and expeditious disposition of the petition and, to the extent that such request for a hearing is dependent upon factual assertion, shall attach to the request an affidavit establishing such facts. 12 The original Petition did not satisfy Planning Rule 3-2's requirements because it contained only a one-sentence request for a hearing without any of the required supporting material or reasoning. Petitioner supplemented its request by letters dated February 13, 2024, and April 25, 2004. Petitioner states a public hearing is "necessary to protect the rights of interested persons and to ensure a consistent disposition of all the issues presented across the three filings." Pet.'s April 24, 2024-letter. Petitioner did not give any clear indication of how the "rights of interested persons"will be protected by a public hearing aside from their statement that"a public airing of the issues will provide Planning Director with a fulsome appreciation of the facts on the ground." Id. Petitioner has had ample opportunity to provide the Director with any material or information which Petitioner feels is missing from the extensive existing written record, including Petitioner's own Petition and exhibits. Thus, the Director finds Petitioner has failed to establish why a public hearing, including presentations by the competing teams of attorneys of the information, history, and arguments found in the Petition and Oceanside's Petition, is necessary to permit the fair and expeditious disposition of the Petition. Given the extensive written records on this matter, the well documented Petition and the Oceanside Petition concurrently under the Director's review, Petitioner's request for a public hearing pursuant Planning Rule 3-2 is denied. Pursuant to Planning Rule 3-6, this Order shall not be applicable to different factual situations or where additional facts not considered in this Order exist. So Ordered, April 29, 2024 Zeno'o I eim Zendo Kern(Apr29,202415:26 HST) ZENDO KERN, PLANNING DIRECTOR 13 BEFORE THE PLANNING DIRECTOR PLANNING DEPARTMENT COUNTY OF HAWAII STATE OF HAWAI`I In the Matter of DOCKET NO. 24-0001 CERTIFICATE OF SERVICE C&J COUPE FAMILY LIMITED PARTNERSHIP, Petitioner CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the parties below by email on the date below: Delivered via electronic mail: Kenneth R. Kupchak Mark M. Murakami Toren K. Yamamoto Jonathan N. Marchuk Attorneys for Petitioner Patrick K. Wong Derek B. Simon Ian R. Wesley-Smith Attorneys for 1250 Oceanside, LLC Dated: Hilo, Hawaii April 29, 2024. ZENDO KERN, PLANNING DIRECTOR, COUNTY OF HAWAII By: /s/ Jean K. Campbell JEAN K. CAMPBELL Deputy Corporation Counsel Planning Director's Attorney 14 Exhibit "A" ,• ° •.!%•, Lincoln S.T.Ashida William P. Kenoi -`�- Corporation Counsel • Mayor '� � Katherine A. Gerson 4- = r•;. � ,,;« ,� Assistant Corporation 44. Assistant _••• Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Nib,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 E-mail: corpcounsell co.hawaii.hi.us April 29, 2010 Sent via email; hard coal,will follow Mr. John De Fries 1250 Oceanside Partners 78-6831 Ali`i Dr., Ste. 429 Kailua-Kona, HI 96740 Dear Mr. De Fries: RE: Material breach by 1250 Oceanside of the Development • Agreement between the County of Hawaii and 1250 Oceanside This office represents the County of Hawaii and has been authorized by the Office of the Mayor to provide you this communication. Pursuant to Paragraphs 3 and 25 of the Development Agreement between the County of Hawaii and 1250 Oceanside Partners (hereinafter "Oceanside"), notice is hereby given of Oceanside's material breach of the aforementioned development agreement. I. Background 1. Oceanside, as developer of the subdivision called Hokuli'a, successfully sought passage of Hawaii County Council Ordinances 96-7 and 96-8 (January 15, 1996). These ordinances in pertinent part rezoned 1550 acres of the project to allow for the development of the planned subdivision, subject to certain conditions. 2. A condition of rezoning Ordinance 96-7 provided for Oceanside agreeing to construct a bypass highway in the vicinity of Keauhou and Captain Cook that would connect the subdivision to the Mamalaoha Highway, construct the channelization and signalization of the Mamalahoa Highway-Haleki`i Street Intersection, construct the extension of Haleki`i Street, construct a park, grant a perpetual • easement for public access, gain water rights, construct wastewater disposal systems, place most electrical and communication utilities Hawaii County is an Equal Opportunity Employer and Provider Mr. John De Fries • April 29, 2010 Page 2 underground, provide a fair share contribution for park, and recreation improvements, police facilities, fire facilities, solid waste facilities, and to support road and traffic improvements. 3. As a condition of the rezoning under Ordinance 96-8, requirements similar to that in Ordinance 96-7 were imposed. 4. According to Ordinance 96-7, in lieu of actual construction of infrastructural improvements (the wastewater disposal system, the park, and the roadway improvements [i.e. Haleki'i Street and the Bypass]) Oceanside could enter into an agreement with the Planning Director, the Department of Public Works and the Department of Water Supply, if applicable "to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable ... Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements." 5. Ordinance 96-8 had a similar provision as that provided in Ordinance 96-7. 6. Based on these promises made by Oceanside, on April 1, 1998 through Resolution 244-98, the Hawai'i County Council authorized the County of Hawaii to enter into the subject Development Agreement with Oceanside pursuant to Section 46-123, Hawaii Revised Statutes, as amended, and Ordinance No. 93-37 (Hawai'i County Code Chapter 30). 7. On April 20, 1998, the County of Hawai'i through former Mayor Stephen K. Yamashiro entered into the subject Development Agreement with "1250 Oceanside Partners, a Hawaii limited partnership, dba OCEANSIDE 1250 OCEANSIDE." 8. The Development Agreement was meant to clarify the "Land Use Regulations and Approvals" as.of the date of the Development Agreement. 9. The Development Agreement contained provisions relating to Oceanside's obligation to acquire, dedicate and construct the Bypass Highway. 10.The Development Agreement also contained provisions relating to Oceanside's obligation to make subdivision improvements. 11.Paragraph 20 of the Development Agreement states: "Oceanside shall have the right to develop the Project; the Bypass Highway and the Coastline Park in accordance with the terms and conditions of this Agreement and the Approvals, and the parties shall have the right to enforce the provisions of this Agreement. The parties hereto acknowledge that this Agreement is intended to implement the intent of the parties and that Oceanside shall have the right to develop the OP Project, the Bypass Highway and the Coastline Park pursuant to the • Mr. John De Fries April 29, 2010 • . Page 3 Land Use Regulations and Approvals, subject to its adherence to and performance of all terms and conditions of this Agreement. In the event that a question arises regarding Oceanside's and the County's responsibilities or their intent, the parties shall look toward this Agreement to clarify such issues." 12.The Development Agreement provided in paragraph 13(b) that prior to the issuance of the first final small-lot Subdivision approval far any • portion of the property, Oceanside shall post a bond in favor of the County to assure that the infrastructure improvements for the Bypass Highway and for the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection will be constructed • and provide a bond for relevant extension of Haleki'i Street, amongst . other things. 13.The Development Agreement also provided in paragraph 13(d) that "[lin any event from the time construction commences, the entire Bypass Highway shall be completed within five (5) years provided that those certain circumstances as articulated in Paragraph (39) do not exist." 14.Paragraph 39 states: "Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of . any duties, obligations or conditions provided for and required under this Agreement by reason of strikes or other disturbances, lockouts, labor troubles, riots, insurrection, war or civil disturbance, fire or earthquake, tidal wave, acts of God, the elements, government legislation, regulation or controls, or economic controls, making it impossible to complete any duties, obligations, or conditions provided for and required under this Agreement, then performance of such duty, obligation, or condition shall be excused for the period of the delay and the period for the performance of any such duty, obligation, or condition shall be extended for a period equivalent to the period of such delay. Under no circumstances shall this provision operate or be construed to excuse either party from the payment of any sum required to be paid to the other party." 15.The Development Agreement also provided that on or before January 14tn of each and every year following the execution of the Development Agreement, Oceanside shall submit an annual report of its compliance with the terms and conditions of the Development Agreement. 16.On September 16, 1999, Oceanside and the County entered into an Agreement for Regional Traffic Improvements. Said agreement specified that Oceanside was required to construct a bypass highway and other regional traffic improvements pursuant to the conditions of Ordinance 96-7, 96-8 and 97-3, by January 2005. 17.The Agreement for Regional Traffic Improvements was secured by • bonds as follows: Mr. John De Fries April 29, 2010 • Page 4 Mamalahoa Highway Bypass Phase I (Keauhou to Haleki'i Street) - $15,500,000 Mamalahoa Highway Bypass Phase II (Haleki'i Street to Napoopoo - $9,260,000 Mamalahoa Highway/Halekri Street Intersection Improvements - $290,000 18.On September 16, 1999, Oceanside and the County entered into an Agreement (Subdivision Improvements) stating that Oceanside was to complete the construction of utilities improvements (such as roads, drainage structures, sewer system, and potable water systems) in accordance with construction plans and specifications approved by the Planning Department of the County of Hawaii on September 15, 1999, File No. SUB 98-124 by December 31, 2001. Said agreement was secured with a bond in the amount of $34,170,000. 19.On September 16, 1999, Oceanside and the County entered into a Road Maintenance Agreement, whereby Oceanside was to construct an extension to Haleki'i Street and a new road and maintain the landscaping and other facilities for a period of five (5) years after dedication. Said Agreement was secured by a bond in the amount of $1,635,000. • 20.Based on the agreements and bonds as provided above, on September 18, 1999, Oceanside received Final Subdivision Approval No. 7168 for "Hokuli'a, Phase I". 21.On November 27, 2000, Oceanside and the County entered into an Agreement (Subdivision improvements)where Oceanside agreed to complete construction of utilities and improvements (such as roads, drainage structure, sewer systems, and potable water systems) for Hokulia Phase II by November 27, 2001. Said Agreement was secured by a bond in the amount of$7,190,000. 22.Based on the agreement and bonds as provided in paragraph 21 above, Oceanside received Final Subdivision Approval for Hokulia -- Phase II on December 1, 2000. 23.Ali bonds mentioned herein were issued by "American Motorists Insurance Company", one of the Kemper Insurance Companies. 24.The construction of the bypass has always been and continues to be a priority for the County of Hawaii. When questions arose concerning Oceanside's financial solvency and their ability to fulfill their obligations under the various agreements (including the Development Agreement), as well as the payment of the various bond premiums, representatives of Oceanside and their lender met with the County administration in April 2009, and assured the County of Oceanside's commitment in fulfilling its obligations. Oceanside promised to produce a financial plan to the Mayor of the County of Hawaii, detailing their proposed course for fulfilling these obligations. Mr. John De Fries April 29, 2010 Page 5 25.To date, despite further verbal representations and assurances from Oceanside representatives, no financial plan has been submitted to the County of Hawaii. 26.In February 2010, at a meeting between Oceanside, its lender, and County administration officials, the County again expressed its concern for the need for Oceanside to fulfill its obligation to complete the bypass, given the acute needs of the community. A proposal was made for the collateralization of real property belonging to Oceanside in favor of the County for the purpose of allowing the County to complete construction of the bypass. After completion of the bypass, Oceanside would be allowed to repay the County; upon fulfilling this financial obligation to the County, the County would release any secured interest in the real property. Oceanside representatives admitted they did not have the financial resources to complete construction of the bypass. 27.Oceanside representatives and their lender agreed to explore this • collateralization arrangement and went so far as to begin scheduling a site visit and obtaining an updated appraisal of the subject real estate. 28.Within a few weeks after the discussion with Oceanside concerning the collateralization of their land in favor of the County for the purpose of allowing the County to construct the improvements • promised by Oceanside, the County learned Oceanside had arranged a "private auction" of some of its lands. 29.Despite repeated attempts by the County to obtain further information about this "private auction," Oceanside representatives have been deliberately vague and have not provided the County with any material information concerning what this auction is all about, who will be invited to participate in the auction, and what lands are being auctioned. 30.The construction of the bypass began in February 2002. Despite Oceanside's claims they were not obligated to complete the bypass within the five year time as required by the Development Agreement due to periods being "tolled" by litigation, a judicial order putting the County in possession of the land pending appeal was filed by the Third Circuit Court on July 28, 2009. Oceanside has failed to resume construction and the fulfillment of their obligation for the completion of the bypass. • Mr. John De Fries April 29, 2010 411 Page 6 H. Material breach by Oceanside The County of Hawaii alleges as follows: 1. Oceanside has failed to perform its duties under the Development Agreement in good faith. Despite numerous promises by Oceanside of their commitment to fulfill its obligation to our community, the fact remains Oceanside has not fulfilled the majority of and the most substantial requirement of the Development Agreement. When provided the opportunity by the County to collateralize their real property so the County could complete construction of the bypass for our citizens, Oceanside representatives expressed a willingness to enter into such an agreement and went as far as scheduling a site visit and an updated appraisal. Unbeknownst to the County, Oceanside contemporaneously planned a "private auction" of unidentified lands to unidentified buyers. When pressed for information concerning this "private auction" and whether the lands that were to be sold were the very same ones the County sought to collateralize, Oceanside was deliberately vague and ambiguous. As of this writing, despite numerous requests for information, Oceanside has not been forthcoming with any material information. Oceanside's actions constitute a . material breach of Paragraph 40 of the Development Agreement in their failure to perform its duties in good faith. 2. Oceanside has failed to complete construction of the bypass as required by the Development Agreement. On July 28, 2009, the Circuit Court of the Third Circuit entered an Order placing the County in possession of earlier disputed lands for the purpose of resuming construction of the bypass. There is no legal impediment preventing Oceanside from fulfilling its obligation to compete construction of the bypass. Oceanside's failure to resume construction of the bypass constitutes a material breach of Paragraph 13(d) of the Development Agreement. 3. Oceanside has failed to complete the subdivision improvements for Phase I as required by the Development Agreement. On September 16, 1999, Oceanside and the County entered into an agreement stating that Oceanside was to complete the construction of utilities improvements (such as roads, drainage structures, sewer system, and potable water systems) in accordance with construction plans and specifications approved by the Planning Department of the County of Hawaii on September. 15, 1999, File No. SUB 98-124 by December 31, 2001. This agreement was secured with a bond in the amount of$34,170,000. Mr. John De Fries April 29, 2010 • Page 7 The subdivision improvements are not yet complete, despite the December 31, 2001 deadline for completion. Further, the County is of the information and belief there is no current schedule or plan for the completion of the Phase I subdivision improvements. In meetings with County of Hawaii officials, Oceanside representatives have admitted Oceanside does not have the financial capacity to complete construction of the bypass as earlier promised. The veracity of this representation is buttressed by the representation made in the Complaint filed in The Club at l-lokull'a, et. al. v. American Motorists Insurance Company, et. al., Civil No. 10-1-116K (Third Circuit Court, State of Hawaii), wherein Oceanside allegedly admitted in writing on March 3, 2010, that it was unable to complete work as promised with respect to various club and subdivision improvements. Pursuant to Paragraph 24 of the Development Agreement, an annual report must be submitted by Oceanside detailing its "compliance with the terms and conditions of(the Development)Agreement to the Planning Department." Upon information and belief, no report has been received for 2010. The County of Hawaii requests acknowledgment from Oceanside that it is in material breach of the Development Agreement. Please communicate your response to this office as soon as practicable. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel 40 EXHIBIT "B" • COUNTY OF HAWAII STATE OF HAWAII BILL NO. 158 (Draft S) ORDINANCE NO. 96 7 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII , KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-9-12 :4 , 11 AND PORTION OF 3 AND 8-1-4 :PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section ?5-87, Article 3 , Chapter 25 (Zoning Code) • of the Hawaii County Code, is amended to change the district 411 classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A- la) : PARCEL 1 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall , the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5, 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South : 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S. W. Makahiki to a point : Thence , following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the right with a radius of 470 . 00 feet, the chord azimuth and distance being : EXHIBIT C • 2 . 316° 23 ' 15" 424 . 98 feet to a point; 3 . 343° 16 ' 839 . 35 feet along the remainders of Grant 2029 to S. W. Makahiki, Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030. 00 feet, the chord azimuth and distance being: 4 . 329° 59 ' 30" 473 . 03 feet to a point; 5. 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270 . 00 feet, the chord azimuth and 111 distance being: 6 . 345° 33 ' 1224 . 95 feet to a point; 7 . 14° 23 ' 350 .20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030. 00 feet, the chord azimuth and distance being: 8 . 354 ° 32 ' 30" 699 . 21 feet to a point ; 9 . 334 ° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, for the next three (3) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : • -2 III 10 . 66° 00' 770 . 00 feet to a point; 11 . 74° 30 ' 930. 00 feet to a point; 12 . 67° 00 ' 285. 65 feet to a point; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall : 13 . 179° 00 ' 416 . 28 feet to a point; 14 . 149° 00 ' 221 . 00 feet to a point ; 15 . 52° 00 ' 205 . 00 feet to a point; 16 . 67° 00 ' 304 . 00 feet to a point; 17 . 80° 00 ' 573 . 00 feet to a point; 18 . 102° 00 ' 259 . 00 feet to a point; 19 . 136° 00 ' 441 .00 feet to a point; 20. 120° 00 ' 641 . 00 feet to a point; • 21 . 137° 00 ' 256 .00 feet to a point; 22 . 168° 20 ' 1123 . 00 feet to a point; 23 . 163° 30 ' 456 .00 feet to a point; 24 . 206° 00' 214 . 09 feet to a point ; 25 . 243° 00' 693 .46 feet to a point ; 26 . 193° 00 ' 282 . 00 feet to a point; 27 . 222° 00' 513 . 00 feet to a point; 28 . 210° 19 ' 324 . 00 feet to a point; 29 . 198° 00' 497 . 68 feet to a point; 30 . 181° 00 ' 307 . 60 feet to a point ; 31 . 258° 00 ' 140 . 74 feet to a point; 32 . 188° 49 ' 30" 106 . 80 feet to a point ; 33 . 170° 53 ' 443 . 95 feet to a point; • -3- • 34 . 268° 39 ' 20. 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35 . 272° 51 ' 57. 35 feet to a point; 36 . 267° 36 ' , 189 . 05 feet to a point; 37 . 269° 43 ' 203 . 15 feet to a point; 38 . 275° 15 ' 223 .35 feet to a point; Thence, for the next three (3) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall : 39 . 268° 14 ' 434 .20 feet to a point ; 40 . 275° 04 ' 236 . 30 feet to a point; • 41 . 262° 13 ' 206 .40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A" ) . SECTION 2 . Section 25-88, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi , Kanakau 1st and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st , South Kona, Hawaii , shall be Agricultural (A-la) : • -4 • PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1567 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUJ CHAU" , being 601 .01 feet North and 2, 479. 11 feet East and running by azimuths measured clockwise from True South: 1 . 334 ° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point : Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left • with a radius of 705 . 00 feet, the chord azimuth and distance being: 2 . 298° 39 ' 831 .43 feet to a point; 3 . 262° 26 ' 397 .26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645 .00 • feet, the chord azimuth and distance being : 4 . 277° 14 ' 329 . 53 feet to a point ; 5 . 292° 02 ' 85 . 32 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of • 5- 30.00 feet, the chord azimuth and distance being : 6 . 337° 02 ' 42 .43 feet to a point ; 7. 22° 02 ' 35 .26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being: 8 . 6° 12 ' 384 .70 feet to a point; 9 . 350° 22 ' 60 .05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645 .00 feet, the chord azimuth and 411 distance being: 10 . 6° 42 ' 30" 362 . 96 feet to a point; 11 . 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius or 705 . 00 feet, the chord azimuth and distance being : 12 . 6° 06 ' 411 . 07 feet to a point ; 13 . 349° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point ; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645. 00 feet, the chord azimuth and distance being: 411 -6- 411 14 . 3° 07 ' 311 . 35 feet to a point; 15 . 17° 05 ' 307. 17 feet along s of Grant 1464 toeIalualand rGrant 1576 to Lohi to a point; Thence, following along the remainders of Grant 1576 to Lohi, Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130 . 00 feet, the chord azimuth and distance being: 16 . 349° 47 ' 1036 . 55 feet to a point; 17 . 322° 29 ' 272 . 49 feet along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole to a point; Thence, following along the remainder of Royal Patents 4386 and 7146, Land Commission 411 Award 8452 to A. Keohokalole on a curve to the right with a radius of 870 . 00 feet, the chord azimuth and distance being: 18 . 352° 50 ' 30" 879 .41 feet to a point; 19 . 23° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 20 . 78° 08 ' 30" 958 . 38 feet to a point; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being : 21 . 57° 14 ' 50" 1532 . 00 feet to a point; • 411 -7- IIIThence, for the next four (4) courses following al the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole: 22 . 160° 00 ' 200. 00 feet to a point; 23 . 149° 00 ' 452.00 feet to a point; 24 . 160° 51 ' 628 . 00 feet to a point; 25 . 152° 30 ' 327. 00 feet to a point; 26 . 182° 19 ' 313 . 00 feet along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27 . 171° 27 ' 400. 00 feet to a point; 28 . 161° 20 ' 606 . 00 feet to a point; • 29 . 175° 16 ' 440 . 00 feet to a point; 30 . 182° 42 ' 30" 1190 .00 feet to a point; 31 . 155° 00 ' 489. 00 feet to a point ; 32 . 181° 00 ' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point; 33 . 153° 00 ' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 34 . 179° 00 ' 126 . 72 feet along the remainder of Royal Patent 1670 to John D. -8 • Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point; 35 . 247° 00 ' 285 . 65 feet along Grant 1651 to Charles Hall to a point; 36 . 254° 30 ' 930. 00 feet along Grant 1651 to Charles Hall to a point; 37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John Peters to the point •of beginning and containing an area of 372.010 Acres, more or less . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof herein after referred to as "subject property") . 111 SECTION 3 . 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 . B . The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District . C. The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property with the acceptance of the prevailing facilities charge for the 499 units of water by the Department of Water 411 -9- • Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the SOOth lot within the development area, the applicant shall secure the necessary "Water Commitments" and comply with the Department of Water Supply' s "Water Commitment Policy" for the remaining units of water for the proposed subdivision and golf course development. D. Subdivision plans for any portion of the subject property for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance . E. A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public • Works, whichever is applicable. F. All electrical and communication utilities and systems within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site. G. A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property. • - 10- • H. An archaeological mitigation and interpretation1 p an shall be prepared and submitted for approval by the 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 three subplans : 1 . an archaeological data recovery plan for the sites to undergo data recovery, 2 . a detailed interim protection/preservation plan for the sites to undergo preservation, and 3 . an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. 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 it finds that sufficient mitigative measures have been taken. J . A solid waste management plan shall be prepared meeting with the approval of the Department of • - 11- Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to and approved by the Planning Director prior to final subdivision approval , or any land alteration activity, whichever comes first . The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline 411 accesses, parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e .g. , Conservation District Use Approval, Special Management Area Use Permit, etc. ) ; provided, further, that the applicant shall be responsible to comply with the following terms and conditions : 1 . An area comprising twenty-five percent (25:) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof , shall be developed and improved by the applicant or its agent in phases within five (5) years from • -12 - • the date Final Subdivision Approval PP 1 is obtained on the subject property. The first phase shall be completed and open to the public within thirty (34) days following the opening of the golf course; 2 . Upon opening the first phase of the park area , a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant 's adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to • recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike. The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and 3 . The public shoreline access plan shall also integrate where appropriate, any public accessway (s) to interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district . • - 13- L. Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails; provided, that restrictions will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions . This 411 condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264 , Hawaii Revised Statutes; M. Roadway improvements and access (es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki ' i Street intersection; • - 14 - 410 2 . determine the final right-of-way g y alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the 411 applicant's reimbursement to the county for the acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki ' i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; 4 . construct the extension of Haleki' i Street through the subject property as generally reflected in Exhibit 'B', which phasing of improvements shall be approved by the 410 -15- Department 111 of Public Works. If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki' i Street improvements. The purpose of this condition is to prevent the use of Haleki' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and • 5 . provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein - 16- • and to generally beautifythe highway ghway appQarance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to the subject property; • N. In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements. • -17- • O. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads . The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment . The fair share contribution for each . lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of building sites as determined by the zoning of such lot . 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 $7, 239 .16 per lot. Based upon the applicant' s representation of intent to subdivide and develop up to 400 lots, the indicated total fair share contribution is $2, 895, 664 . 00, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition O. • -18- • The fair share contribution shall be allocated as follows : 1 . $3, 490. 85 per lot , for an indicated total of $1, 396,340 . 00 to the County to support park and recreational improvements and facilities; 2 . $168 .40 per lot, for an indicated total of $67, 360 .00 to the County to support police facilities ; 3 . $332 . 61 per lot , for an indicated total of $133 , 044 . 00 to the County to support fire facilities; 4 . $145 . 62 per lot, for an indicated total of $58, 248 . 00 to the County to support solid waste • facilities; 5 . $3, 101 . 68 per lot, for an indicated total of $1, 240, 672 . 00 to the State or County to support road and traffic improvements. The fair share contributions 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 (HOPI) . In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development , subject to the approval of the director. The cost of constructing the improvements required in Conditions J, K and M shall • -19- 111 be credited against the sum specified in Condition 0(4 ) for solid waste facilities, Condition 0(1) for parks and recreation, and in Condition 0(5) for road and traffic improvements . For purposes of administering Condition O, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies . P. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. Q. 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. R• 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. -20- 111 S . 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 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 411 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 . 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 or more appropriate designation. 410 -21- • SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: COUNCIL MEMBER, UNTY OF HAW I Hilo, Hawaii Date of Introduction: December 15, 1995 Date of 1st Reading: December 15, 1995 Date of 2nd Reading: January 3 , 1996 Effective Date : January 15, 1996 • 'Q ED cs to 1,' : ,d LEGALITY Y LI tac Iume • •22- • d ' : . 1 : : .. . I' t_i E • II ii 'ti !i1: ? ! iI!! - Ili • It t#i s-� i Q i , i ' i . - i ' + f •a a a 1 1 it t �: � Yf t ; �. J_;;_may= 2 ./ ' i , , _ ii 'II I �il ; . ^ • N i if ijli �� til ••, t I, _ I ' 1 is --- '1 r —s 1 . ) _ 1 3I :w ' i ; :i Iii:'1!;;;;;.;;7:.::-- I ---- ---.,-- " - ...... ...__________7 , • : • ; _ __ .. ______„_____ _. _________I , ..____ _ . -, ....„. • • .- v , .-•• !i- f \ 4 • ...c sr... 1,4 .. . ............ ; ) 1----'_�_ i N-. • i' f LL 0 • "', t t Z; /II* i 0 v. _ � 4 , ::-../. :ki ‘ ............ F. • ti``_ .s -` --j4� �'' T`` CO ( • • ,. . - 1 • • _. .., . ••• .••_, •.1, :�, t, .1, • --�J I ,.1 - z z • . •. cc o Z , 0 • - • • • : . cu uXl CO~ ' D_ is „ ' . . +.. 1..►, ", •��_��� • 1. •f-...�.. �— - 1 � 1 "' ; .. .1 Y's - UN-TT \ ‘‘ ( , . 1. ( • * . I ;• r _ : t • ___i__, i -. ,--,-. i • ....i-A. -. ---- ...4-.... • :_A-- • , -%.,-- .1.. ;j.:. i _ .._ .,..., _ . )..), \ \\, "eik,'•; .4.. ‘...f. i z :: ..,. .. .Arof ,, ifq 4 . ''' k,1 -41A e,; ;, - :.--- --- :. 4? 11‘, 'I ,v. -�%i' Oji t� �' ,.,:r �� ',r X d it, L r'( y r - tJ .- y,, wpm.. . tet• y,, W • 1. i ririairSOME4V0A •' • '1 .... ) At —• .k .� •• ; It •'' ,11 1fi it\2% ,.:I `� !/�' ,� ; feal�'p1�' i c f 3L, y 4'`J!.-,is - id K !' ! I b 0 7.4r ,ii fed y' �P. i'./7.- ,' .; grwitaltUyt.4. 0AVINAINOX- 1 Y 4 i LP i ft•-4=74.0 7 ytt 2)F i 1 C Z'. .. . gi c ' � '..: ' •� � � ;,;frig m 7�� • 41110-'64.:,t1 'to Z 6- !k- � • , 'd•�.. 454 '� /,`fit,.`1:T, T - _-i- VAWIE , x "Z 10,...41a0.110p.• ,:'' . t . . 4 / ..„ ILI Lu dsa.Jey_gi t5 p•-,alicI: t V.ttl..........ti:ri'l. . .. • • ,.- • ,C) rpr- ----: -.. 0 • , . 1 % '( i i k •14.••..._ ,Q,,,. 1r-we/ •.:- i ••, 1,11 i - er- • . . ---. , -.-..c...___ . .• " •• V '1610,11. J....2r . -1\ -, Ai'.(.74770 % . :•-;.. ./ : .. ..----} • .i----„__• : .... aim...5, 41. .Y•••',. -.- 6 . _• . . ..,.......... . .,._ , ,._. . ,.... _...., . ........ttirrx. ,. . . _ _. . f; -`ci . - - , , . • . .• . . 1 ibiliW jar '.f..( .1.'..l . 1:77° ..".'j C .; t.4; :, ...)' itritter„. ;ri. \. •••• . ; rty-•:- -•t-) .-...igicsintra • : , - 1 . . • � ? 1:, : -. '1. til• !�.� 1 c... _ ....... _. .:— • F ., _� �' -}— 'A' 1.4.1.0 m 0 = 1 : •i., ' ' •I .•ham , — :-.L"' " J:' ' Q - iti\ , .5 kcl,... sriz..1-- 0 • • . ' • . ..•• ,. . • • - • , - --.. - ,-'. • . • • ._7- (.. •• : •' . '. .• :••••:r--....„....;.„--/-; 7•:••'.• : ., .• Nos - • •' •••••••• 'Z'•...., • — . •-•1 • .. .. -• • * . .-• • - -...."•-•-• .••*".J...,. • • • / ••tt .. y : I- -".-f::--, • • ,.)--1 -:•,..1 V - .-" •••-••‘". - — - .:T- • * . •• • '' I .•• . • • - . • -,>•.r..,LL.1....1.Lii • Iii•i. : - • .• ' . -• 7ii 1 ..-\1. * ' lif.f, ,..,„„7:3-' .- , --..!..* -•':'-( ' t f• • -',:.• ' , —`---, . . -- • . a ••••• • i t %. •-:-1-•*-1- •••ift-..,/ .• ..::•-,. 7 • •• ••• -, • „s . - -', • . /.....,e-- - -.: - 1 , - l. `N. ") i •- -1- - .-- • .. f: • ''''.-- •---...) I..j i_:'..::'1.,..,e&..:1AL:.. A 1 . - ? fft.4.-• ,..,,,,_. :_,-L-._,.:k•--- -,-...„'. ..; .• : ••••-•;, --(c-1"-k•T' ..i'l• :•1 t;I ' i .; J •/ 1 .. 1. ; . (,..,., 1.. .,...( . - -c-._..\ , 3, .„ , - ' • 1 -: • .. • . i. ---.1., -•:,-r-14,;:-,' ..,,-, •..:.• / • 't f...'s •-. I II ( -1 'A -.....' t.:.2.-•`---: . • • I ..-:,„ . -.4- t i. : 1 .‘j , ...:;:- •...2) . j• •-• .. :' ii --. ... , .. . li -N, '\`•- •,. )1., ,sky...-..• •,/,..... i , -'I'..h! _i„:--res,,, 771 . t ?) 1 to ' : I- r „. :. , • • • 4 , t-`' .\\... . ; , •• : ; . • ,...:,. ii•,. . v . ?1'.1-•:. •--x.,i: f: ;-- • ' • c"---.--;- - t ---; ..` ----At -. 7. : ''. %"$•• •••:. • • .-• 1 'fl• .• ff..- . .$ •Ii6V ' . •• : i •• f;:: . . •••• • `• -k,../1 • • e.- ..--.-.- --..z_.. - ........a,.. . r..... rii71:e-.1%1-0).1{qi(-:::r g*:,--=. ! - :fli1:7 •1 !; ,,.: 4.Nrk .! '. :• i li / ' iii '. , •• .?-f -1 ! ..• ' ' ) f• It •' 1 :N• 11. tY "..; .., . • • . . . • 0 1r . 707 • ..itt \1•1•11)1/tki 4 ., . - el.4.•• ' <1 . ,11,' A . • ')Y17 IP •11"11"11V t • '... . •2 ri -. • (...... .i .1: - ..T.i ;.•-:c. -41 - - ....i. ,- '., .- :It; 4:1\ i.1:4,S4(f - .. -. 7 ,i ,. _, •.......--•• . - 1' .. I• ' ••••••I•:• ! •.''t ' 2' _ i 44. • •,1",11 , :: • ; y , .it. .,:„,,,. I. •••,....f.: ,,. .i ..::U..i•' olikas..--,--.,„. _. ,14, .. .., , .. ., ,•:_ v....„ A , .. v, • .. 7 -,-) t••• • • . i• ' • ' ,-,- k • • • .c-i-- i. • I • • - . f. 4.- 4.o...i'f• :. 1 — . •, . •-;... ' s•r ,: ' -..7K---‘•-TlfAit: , ,,,,..5‘i Ix • . : .z s . . -5'-'4•Z‘..N .: •• , - /..•. J •; •--"-•••' . , • .- „tda 'opf•N•0•InfAct I 2 ..y.;!. • • •tyL:,..,, - "'"----4- . r r - . / 11, ., .% 'Ee.°5‘..ts4sta.31 .s..i• ....:71 r.. : I • •-•.,.• ii • ; . •.t. • c / . .....)•-:-1. ( . •1. .. E16\*.! `.._oiava ay \ ..i , • -, .. Z • ' ' •,...r.i. : . --.... r .4%4' IP ' - .... i I 2 • 1 t . • 4,0.) ) • f t I • i I -•4-71.•••-i ----4,1.--C•d-..... „,..jei-',... I I! Pl. • ' -•• . .- \• >. •; •-.., a 1 • • , .. ,. . . P•Sif •/ II ; 1\. ••• •. •.• : •i• • • ••• •i•••.......i• • \ - .•C. •-•, f....}:' li''- • • , • i- --!: / it i , • . •'••-1 r - ___•,,, •• '‘'' ,••,4: 1-- / ‘- • • ' ... _ / \, ..... ' ) . ..._. • / • /-*.!,1! r '- ••!.. ••• . / i„ . • : :"ktrii• • .. . /..:\ ... , -.•,, ---4- • . •-, .: : -i- / -: - ... 74.• • "- . .. ---- 1 L1 ! . • --------•-------;•- . .... :-. . • - ,. ,,.: , - ss, • s,,.., is ...... ..,-,:.„_, a Or. :41.,,,, / ,1 • ............. .i -s.. .. ). " . .••• •'• :. . ..;,. . ft .. .1•. . -"'"••••..Z.--."---'77, f, Ylf' . .., - • • • • vi ••,../s;,,VO. C • i / .—... ...-.. . . . , • • 4r .. : , ‘ .....- . ; . • • ' •.' . --• 7:41 l 2__.... . . 'Z' :- : k•'...'.- L'`. s.,fi V ' -. •-) "A. ! ::7.:...:R • y- i : .•• ; :, filo •. .., .- -4-....7. - i I - I- j-• •:-.1.F:..-.... / . . . •-- • .. .• -.... . . . . . ..--Lt . . ' • t•• ...1*: grf OA. i .-:•-.*-1. - *_ . • . i • - • : , • . - ri • • , --- ' .- • ;.. Plo s -1- 11-- • : • • • •• •. ] .../ •• - —1 ,..-7,- ') ••• .. . . i . . ow Of •••21g(...- 1 •• •:,. .• /.. f•--•7---'-'4:-..-7---% •-•••: / . .. • • . •\ ---,. -- , • .• - • * \ r— --: • ' .;.ilit ' ‘.0i=7- .,..... ..,..... . • 4 ••••••••)" ./'••••• • tf 0 ••-•••"- - •••••••• ... - •• ''..: : \ z•1 1. - ....f:f - • ' • 'I ' ) t- • i•••- • ..41 1114‘lilt •• VI ! -- -. . . . , •i : '' . .• ••• 7.4 • l• 1 • 1.. t•-•• '••-,--,.;:••/. ' .\ "••••• )::LE: ; . • • , .aa,, f.._..... 7-..._...,,, ! II-•(-,-- •11-- _ ,. c,i • ( 's . • %••:- • •-•- . ."---- I '•-:''t -)"• .t,../ 4 i•-3% ; II . 1•If• .c ... . : :J.4_...r, ..,,,:.-. . v. .... is,... c4,4 t. ti. . c . f •• /..._... ..,- , . .>nt r;-) ‘ ‘ \ x _-.„, _scts1.1-,/.- . •eg.., * .;ref,4..7 ni• ,. ,•1 t-----..f. -dr? - . a1/2;..?,zbi.,.,.„ „7:-/-, ' ,' jh ..c.* A„,i•gsr•:. s, : . -----t--.---____:. r.---.:6 • •- „Or -••• .. ,, r,t,...... ...... ,.... _. i. • $ . ., 1 ; /e•,tity..-wt.ccr...-tW4I'A '' firi;4041:12 -. ,N --* '' ,..•j,,, ‘1 .?•.' ,• . : • ,e- ....r it . .0.% GUI,-42:N!lc.4.1tt ;k•:,..011.773 •- 5.......-4 0 OFFICE OF THE COUNTY CLERK County of Hawaii • Hilo , Hawaii R E C ► ' - (DRAFT 41 '96 AN 16 Fill 7 57 bWiccALLV0TE i1F Takashi Domingo /+4'E tt T rNCf �:..-N ALBS E iuced By: Arakaki X .ntroduced: December 15, 1995 Zeading: December 15, 1995 -Abraauon X :hed: N/A X De Linn X 1RK5: Domingo X Osorio X Rath X Ray X Smith X 7 2 _ 0 ( DRAFT 5 ) ROLL CALL VOTE i Reading: January 3, 1996 yor: January 4 , 1996 AYES NOES Abs E. ted: January 16, 1996 �a` i X ye: January 15 , 1996 Bonk-Abramson X • hed January 24 , 1996 Childs X De Lima X RKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 • YEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as ted above. / -c2;) COUNCI L CHAIRMAN COUNTY CLERK ,ed/& pprvrrd this day V1 , I9 • :. COUNTY • : 11'AII Bill No.: 158 (Draft 5, Reference: C-734/FC-98 96 7 Ord No.: EXHIBIT "C" • COUNTY OF HAWAII STATE OF HAWAII BILL NO. 181 ---------- (Draft 6) ORDINANCE NO. 96 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP)AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND UNPLANNED (U)TO AGRICULTURAL(A-1a) AT HONUAINO 3RD AND 4TH, HOKUKANO I ST AND 2ND. KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA. HAWAII,COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87,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 Kanaueue 1st and 2nd. North Kona. Hawaii, shall be Agricultural (A-1a): PARCEL 1: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions,being also a point on the division between North and South Kona,the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by azimuths measured clockwise from True South: 1. 71• 45' 902.30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2. 152' 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; 11111 EXHIBIT B • Thence, for the next seven (7)courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3. 251• 23' 30" 224.69 feet to a point; 4. 250° 35' 58.35 feet to a point; 5. 255° 17' 131.07 feet to a point; 6. 240° 43' 26.91 feet to a point; 7. 257° 50' 172.57 feet to a point; 8. 243° 13' 30" 21.91 feet to a point; 9. 256° 57' 98.95 feet to a point; Thence. for the next twelve (12) courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo: 10. 338° 17' 30" 158.36 feet to a point; 11. 257° 24' 102.95 feet to a point; 12. 255° 40' 30" 171.35 feet to a point; 13. 261* 29' 101.46 feet to a point; 14. 346' 30' 30" 54.40 feet to a point; 15. 343° 21' 30" 152.40 feet to a point; 16. 346° 20' 165.46 feet to a point; 17. 343* 29' 30" 80.88 feet to a point; 18. 357° 13' 57.51 feet to a point; 19. 345° 53' 30" 154.41 feet to a point; 20. 333° 53' 114.71 feet to a point; 21. 345• 43' 43.78 feet to the point of beginning and containing an area of 22.251 Acres. more or less. (Refer to Parcel 1 as shown on Exhibit "A"). • _2. • The district classification of the following area situated at Honuaino 3rd and attt. Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona. Hawaii. shall be Agricultural (A-1a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall. the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67)courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 1. 172° 44' 35.46 feet to a point; 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251° 15' 39.58 feet to a point; • 3. 259° 25' 18.68 feet to aP oint- 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271° 10' 30" 50.61 feettoapoint; 12. 261' 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262* 38' 30.23 feet to a point; 15. 258° 17' 37.28 feet to a point; 16. 254° 45' 21.32 feet to a point; 411 -3- • 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 21.89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° 07' 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; 23. 250° 03' 30" 91.17 feet to a point; 24. 257° 28' 88.18 feet to a point; 25. 253° 37' 30" 14.36 feet to a point; 26. 271` 49' 7.86 feet to a point; 27. 243° 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; • 30. 265° 31' 13.70 feet to a point; 31. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259' 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259° 49' 30" 85.74 feet to a point; 37. 266° 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 2722° 05' 60.95 feet to a point; 40. 269' 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; • -4- • 43. 171° 11'1 30" 28.45 feet to a point: 44. 277° 12' 46A7 feet to a point: 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; 50. 261' 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' _ 166.66 feet to a point; 55. 261° 47' 108.98 feet to a point; • 56. 243° 34' 33.10 feet to a point; 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262' 59' 118.99 feet to a point; 60. 256' 19' 39.78 feet to a point; 61. 262* 44' 82.08 feet to a point; 62. 267° 50' 34.11 feet to a point; 63. 265• 25' 63.09 feet to a point; 64. 273* 36' 30" 112.92 feet to a point; 65. 268° 50' 151.03 feet to a point; 66. 274' 59' 30" 35.27 feet to a point; 67. 268' 30' 30" 48.40 feet to a point; • -5- Thence, for the next three(3)courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makah.i.ki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73_ 333° 41' 55.11 feet to a point; 74. 341* 52' 42.41 feet to a point; 75. 350° 21' 65.77 feet to a point; 76. 357° 11' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10)courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81. 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83. 356° 37' 108.84 feet to a point; 84. 358• 09' 1 10.66 feet to a point; 85. 6° 27' 30" 75.31 feet to a point; • 6 • 86. 357° 30' 30" 143.26 feet to apoint; 87. 8° 45' 30" 30.57 feet to a point: 88. 359° 52' 108.27 feet to a point; 89. 265* 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence. for the next eight (8)courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90. 357° 33' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point: 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; 96. 329° 39' 30" 32.22 feet to a point; • 97. 326° 06' 51.01 feet to a point; 98. 324* 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; • -7 • 104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105. 82° 05' 30" 5164 feet to a point; 106. 83' 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91* 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; 1 1 1. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; 113. 268° 21' 280.72 feet to a point; 114. 259° 47' 379.67 feet to a point; 411 115. 260' 53' 149.26 feet to a point; 116. 259° 07' 153.59 feet to a point; 117. 266° 02' 30" 90.63 feet to a point; 118. 250° 32' 115.64 feet to a point; 119. 240° 54' 54.22 feet to a point; 120. 246' 4l' 140.89 feet to a point; 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; 1'3. 245° 12 34" 66.16 feet to a point; 12-1. 257° 45' 30.. 3433 feet to a point: 125. 239° 59' 72.54 feet to a point; 126. 250° 39' 30" 70.76 feet to a point; • -8- 411/ 127• 246° 08' 111.93 feet to aPo int; , 128. 332' 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four(4)courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4,Section 2 to American Board of Commissioners for Foreign Missions: 129. 64* 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.78 feet to a point; 133. 154° 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: • 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet, the chord azimuth and distance being: 138. 149° 59' 30" 473.03 feet to a point; 139. 1630 16' 839.35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; O • Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet, the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165' 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A".) SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South Kona. Hawaii, shall be Agricultural (A-1a): PARCEL 3: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591)and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 11110 2272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit I1 (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 2. 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii) to a point; 4. 266 28' 187.31 feet along Lot 3 (Government Land - Counry of Hawaii) to a point: -10- • Thence, for the next eleven(11)courses following along middle of stonewall.. 5. 4* 59' 157.50 feet along Lots 22 and 21 of Keekee Estates(File Plan 2087)and along the remainder of Grant 977 to Panaunau to a point; 6. 17 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087)and along the remainder of Grant 977 to Panaunau to a point; 7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087)and along the remainder of Grant 977 to Panaunau to a point; 8. 91• 17' 30" 56.46 feet along Lot 18 of Keekee Estates(File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 9. 355" 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; • Thence, for the next four(4)courses following along Grant 866 to Kapule: 10. 86' 02' 30" 309.93 feet along Lot 2 to a point; 11. 80' 19' 207.35 feet along Lot 1 to a point; 12. 75° 14' 183.86 feet along Lot I to a point; 13. 79° 02' 674.13 feet along Lot Ito a point; 14. 177" 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 15. 75• 14' 1,338.05 feet along Grant 977 to Panaunau to a point; 16. 150' 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251• 45' 902.30 feet along Grant 865 to John Nakookoo to a point; • -11- • Thence, for the next thirty-six (36)courses following along middle of stonewall and along Grant 865 to John Nakookoo: 18. 250' 02' 30" 41.72 feet to a point; 19. 238' 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253' 29' 121.82 feet to a point; 22. 257' 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to a point; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 110.46 feet to a point; 28. 258° 29' 24.30 feet to a point; 29. 274' 56' 30" 31.91 feet to a point; • 30. 260° 18' 30" 148.31 feet to a point: 31. 253° 43' 47.09 feet to a point: 32. 243' 21' 30" 89.60 feet to a point; 33. 263° 53' 30" 70.49 feet to a point: 34. 254* 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241• 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point: 40. 216° 24' 30" 55.73 feet to a point: 4 I. 238° 55' 30" 27.24 feet to a point: -11- • • 42. 255° 23' 30" 29.74 feet to a point; 43. 271* 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271' 04' 85.71 feet to a point; 47. 277' 42' 30" 71.32 feet to a point; 48. 269° 46' 2I.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pace! 3 as shown on Exhibit "A".) • The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1 162 to F. O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' S4" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78' 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1 162 to F. O. Schulze to a point; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: • -13- 3• 203' 12' 488.09 feet to a point; Thence,following on a curve to the left with a radius 01870.00 feet, the chord azimuth and distance being: 4. 172° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell, and Grant 1576 to Lohi on a curve to the right with a radius of 1,130.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to lalua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius 01645.00 feet, the chord azimuth and distance being: • 8. 183° 07' 311.35 feet to a point; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to lalua to a point; Thence, following along the remainders of Grant 1464 to lalua and Grant 1 175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 411.07 feet to a point; 11. 203' 03' 162.63 feet along the remainder of Grant 1 175 to Nakauwaa to a point: Thence, following along the remainder of Grant 1 175 to Nakauwaa and Grant 1 177 to Kamakahiona on a curve to the left with a radius 01645.00 feet. the chord azimuth and distance beine: 12. 186° 42' 30" 362.96 feet to a point: -14- • • 13. 170° 22' 60.05 feet alongthe remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kama.t.ahiona and Grant 1 176 to pini on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five(5) courses following along the remainder of Grant 1176 to Kini: 15. 202' 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 16. 157° 02' 42.43 feet to a point; 17. 112' 02' 85.32 feet to a point; Thence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 18. 97° 14' 329.53 feet to a point; • 19. 82° 26' 397.26 feet to aint; Po , Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 20. 118' 34' 831.43 feet to a point; 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; • -15- • Thence, for the next three (3)courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244- 12' 628.00 feet to a point; 26. 330° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Pan 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona • to a point; 30. 76° 40' 30" 44.81 feet along Grant 1 177 to Karnakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old railroad: 31. 353° 25' 54.23 feet to a point; 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341 ° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1 177 to Kamakahiona and Grant 1 175 to Nakauwaa to a point; Thence. for the next six (6) courses following along the remainder of Grant 1 175 to Nakauwaa: 36 350' 55' 30" 47.80 feet to a point; III -16- • 37. 260° 45' 8.34 feet to a point; Thence, for the next four(4) courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. I• 03' 30" 50.75 feet to a point; 40. 4* 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four(4)courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to H. N. Greenwell to a point; Thence, for the next twenty-six(26)courses following along the remainder of Grant 787 to H. N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten (10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340' 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342' 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332° 23' 82.87 feet to a point; 53. 324* 00' 11.13 feet to a point; 54. 332° 36' 30" 113.50 feet to a point; -17- • 55. 347° 43' 24.68 feet to a point; Thence, for the next four(4)courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 344° 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6)courses following along middle of stonewall: 61. 341 ° 48' 30" 54.25 feet to a point; 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 111.89 feet to a point; 65. 325° 21' 106.90 feet to a point; • 66. 62° 18' 30" 29.22 feet to a point; Thence, for the next three (3)courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337' 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point: Thence. for the next seven(7)courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146. Land Commission Award 8452 to A. Keohokalole: 71 338° 26' 168.87 feet to a point: 72. 337° 34' 153.12 feet to a point: • 18 • 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit "A".) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part ereof(herein after referred to as "subject property"). SECTION 3. 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; (B) The effective date of the rezoning shall be upon: • (1) the execution of an agreement, between the applicant, Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty(180) days from the effective date of this ordinance; provided that a maximum ninety(90)day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty (180)days from the effective date of this ordinance: (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within four(4) years from the effective date of this rezoning as determined in Condition 13; Final Subdivision Approval shall be secured within five (5)years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, • -19- • Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; • (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation.and (3) an interpretation plan which shall include buffer zones. signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (H) : 1• • I19r "V . • " . al • . • v • • • "1 • .• 1 ..•. 1 • 111i 1 V • p I• . • 11 • • . 1 9 . .• •V • •V 1 • 1 1.1 / • I • S/ -DO- • • I. u.. v. .• • a.. ova • •a . • . r. ' • • 'VI,' 1- • v • aa 1a �. • n • - • ' • "v • • ' . • ..• • .. •. • v • • • ", • i at". • %%. a Planning Director and the Department of Land and Natural Resources and shall • • . 1a • • 111/ 1 •• •• r ••• ti •s as • • • •v • s • ••• : •• ••u • • • t•• ••e. • • • s . s• . • •• . .v- •• a [The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No. 345 issued to the applicant on November 5, 19931; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e.g., Conservation District Use Approval,Special Management Area Use Permit, etc.); provided, further, that the applicant shall be responsible to comply with the following terms and conditions: [(1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345, subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources, prior to Final • Subdivision Approval,or any land alteration activity, whichever comes first;) W[(2)] An area comprising twenty-five percent(25%)of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5)years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; [(3) No more than a total land area of twelve(12)acres shall be permitted to be constructed, operated and maintained as part of the applicant's golf course, approved as Use Permit No. 115, and included within the coastline park or the existing conservation district lands;] (2)[(4)] [A] Upon opening the first phase of the Dark area a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant's adjacent lands at the • -21- • principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only,and other restrictions which provide for the health and safety of the general public and residents alike, The number of parkin • 1. • •/ • a • II IS I C• ' • I I tee •V. • ..• /• • : phases_jn accordance with the public access plan; and a)[(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s) to interpretive trail system(s)and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (I) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of[the) its privately owned coastline park and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised • Statutes,) will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the) coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway. • • •. I -. -W. . w Chapter 264J-lawaii Revised Statutes; (J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits. human burials. rock or coral alignments. pavings or walls be encountered. work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken: . -21- • (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property. the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass [road as shown in Exhibit "C",] between the approximate vicinity of • Keauhou arid Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion) of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit "C",] inits_entircircrdiltic_aaprgaimaitmicinituaisauhcaLand Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, Novidcdhrrther that the section of the Mamalahna Highway • •< , , • • 1• • • I. 1 • 11 1 . • I• .v. .. 1110 -23- • I • • •f • • 1 • •i1 . • •1V' .1 • project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B', which phasing of improvements shall be approved by the Department of Public Works. [A] If before the comm tion •1• • •. 1 1 • I I . I U • 11. •1.• ..• 1 .V VV.. • 1.11II• I .•• bypass.js completed and fid_. • said=don provides a connectionjo Haleki'i Street. a barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Halekri Street improvements [prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare • between the existing Mamalahoa Highway and p portion [the Phase 1 section Jof the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain has been completed and opened for general public use; and L5)1(6)] provide roadway stub-outs,generally shown in Exhibit "B", to provide future connections between the subject property, [the Alii Highway, and southern extensions there from;) and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and] standards tet forth by the Deraanme�t �t uj ij Wor}.t fc,r Alii .•• 1.V.v w' 1 1 11 ••' . •. 1 • II . • • 11 I 1 - • •v 1 11 .- in 1 • Public Works, The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings • as required by the chief engineer, to • -?4- IIIreduce the impacts of noise and li ht on the reside g nts therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bvpass•s connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition,design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, • less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit `C•, meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road,meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;) • -25- • (Ml[fN)] All roadway improvements stated in Condition L [and Mj of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law) County of Hawaii; (N1[O)] To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (Q)[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond,surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of • such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions-thereof shall be granted prior to the actual construction of required infrastructural improvements; f(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and MJ; Pi((R)1 It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition. "agriculture" shall be defined as the cultivation of crops. including but not limited to flowers, vegetable. foliage. and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: • ?6 4111/ (I) if such activity is implementing a conservationro ram for P g the affected property(ies),as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; 1Q1[(S)) Restrictive covenants ih the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot; provided that this shall not preclude • the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; fRl[(T)] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts arc adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index(HCPI). The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size 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 • -27- • any combination thereof shall have a maximum combined value of S 4,701,205.74. lieu of paying the fair share contribution, the applicant may construct such In improvements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ) r1 • •• .1 I . 11. .- • • 1. • 1 i• •.1 • 1/ 'II 'a . i •• • ••. t • t • . .. . • • W - ! •• • • . 1• 11.4 • • •II . 114 a 1 1 1 et W/ 1 . 1 la to 11 •• •1• l 1 u • • S • • . t. Subdivided by the amounts allocated hereinbelow for each such lot. and shall become so- aid .. a. .i• • 1. S ..•v' • { • • •V. • e• ..t- , . , p•- 1 v. • 11. increments. the amount of the fair share contribution due and payable prior to final '• • • •• I . • • 1 '1 •1 - 1 1• • • 1n , .a 411 siccording to the number of additional proposed lots in each such increment. The/fair share contribution for each lot. except for lots larger than ten acres in size_or which arc •t/n t . *V . • . • ate •a . • t • 11 •.-11 t1 a •Wa. - . - 1 . . • . t . • 'S S . • The fair share contribution its focal of cash. land. facilities. or any combination 1 •1 . •• 1 • 1 1 . 1 te• • • t 1 #.VC • it.: .l 1• •I1 ••1 • V. •• 7 ' t It . . . •.1 1 • . . a1 • . • , '•• • .1 ' 1 • ,.' a . •. . -V • t • . ' 11 • Share,contt-iblttion is 52.895.664.00. however. the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the • • • •• •• 'II • t eV. •t • t 1 / 1• ••. •.1 • /1 . 1 contribution shall be allocated as follow; 14'1 ; • • . 1 •/.- .t • • • • 1' 41.111 1 11 V S II nark and r c'rralinnal Immo rmCpLs anrt farilirinc • -?8- • (2) . . 41 • • • • 1 '1.' . • • . • . 01 11 police facilities: ( . . • • . i '••• . • • • • 3 1 .411 , • •fire facilities: ' • '• ' . 4 • • • • . • "••" . . • . • : . • : 11 • tell a solid waste facilities: ( 1 •. .. • • . • "••. • • • • 4117 .1 • • at its' 10 support road and traffic improvements, Thefir_share contributions_described above shall he a jiusted annually beginning • - - - . . ( - • . i - "v • • / • • 1!1 e • • • • • • 1 the Honolulu Consumer Price Index fHCPIl. In lieu of Rayinp the fair share contribution_ the applicant may construct improvements/facilities related to parks and recreation. fire. police.solid waste disposal facilities and roads within the region • impacted by the proposed development. subject to the approval of the planning director. The cost of constructing the improvements required in Conditions H.K and J. shall be credited against the sum specified in Condition R(1) for parks and • •• • 1• • 1 : • • '• • "1 • . 11 . i -111 •v 11 • • 4•a 1. • .• 11'1" i• •1•' "•• • 1 V. • land contributed or the cost of any improvements required or made in lien_of the fair •. • • 11.1 "•1 •• •4 , . 11 • , • . s .rovedjy the Planning Directorupon consultation with the appropriate agencies. [(U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject property; ) S.)[(T)) In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; • -29- • (JJ[(W)] Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; (UA[(X)] 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; 3_,)[(Y)] 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, (W)[(Z)] 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: III (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 110 -30- • (5) should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid,such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: je.....4............4...... . COUNCIL MEMBER, COUNTY OF H All II iawaii f Introduction: December 15, 1995 -f 1st Reading: December 15, 1995 -f2nd Reading: January 3 , 1996 iveDate: January 15 , 1996 APPROVED as to Fr-?,::: cnd GAI.S7Y CCRPO^&Ti^_N COUNSEL COUNTY Ci HAWAII Dote .1/ S1(4 III -31- • • 1,( a 1 . I . :t , _ _ i ! . ; I . . . i 1 !sa T4 ill i s t i i i T I •t i 11, , till- • t j_(of te. 11 , fi l � ; jrc jli�1 I :i'�'il 1 1 :• i s } * it ' i. ..—. r .t • t• / .. . . 4 1 1 i I • 4.- .'' _ ....../•••• I I 1t1 i1 •fit � iii Il( i I�11``- ''''• - — • •• .. 1 ;Ii1! Il• 1. Mr �'l t �tl -� . w • ,re i1111 ..11• 11 1 Y _..• , —• ••'•r ••;•ry ^ - ; is • a • . i .. • t_ CI —1---; _ _....7\ trt ,-api, ., ___-- 1 _ u.1,.. _ ........ _ . h - i "` 111. e :tt _ .••tom I•( •• �••••t;:• •• • : ♦ \ I : 1 t. , N 11 •..'••.'•• , ' '— T . .. '1r � r • —.:4::-iT�_f f,- I. -- may_ IP /r I , �`c r. J • Niti I - i --- 1 -, f -.. 1- • A • ......••••••••••... r.••�«\< .i 0 ...:: ::::• .... ; :••::. �.. it•{:t11 46...4.0.4.•••••. 4......4•11. i z z f- o • cc D - - . -uu c„ • • • : •� • -_ Imo_. -i - 0 X • • 1. , ----...---/---.??.. qt : y •.- -I. � -� i r^: > 11---- A--T CO k ) \',k - — :N. . ,..1.„,....„.... 77 .i• i. 1. : . I, .;....) t , ' {r . . .1 ; .4. . _ , ; • ' _ - fgr - ,_. .. 4 1.1 Iiii\N,N-s _ At•si ; • - ) .... - • i It::-To; , --/-1 • -- \ \ 1,11.-w&-':. ....- T, ---7-• .1:i '•-:""1 /""-:=-_-/,..!-.1.j;"...f.':4. :.7'-.."—:— 111:77.4 ,,,%4 1,7---\-71.5i tr."."7.-11 '- i' Li' 0 ' 1;4.- 1 kif ;, , d rliggittrinfigli ,- Etri • . ,*,..! , $ 0--.0-- •-"i • . ii1 cillk j,cr-r1. ....._•;„'i 5; , ., .:,21 "" '4141167;71p, iq- id ' V ' .4- 1(42,71e.t. , . - -'44 .- 1 1 ...)=`.‘k .4.1-7:i• e.p -alAwitqfti if....//ie- . .. r ,,sAtsii, . . .; .., :.,. .,. 4,...ditia . riv,....._:. 4. ,t_iiiTtt...ia:.„.it,%y*J-:air ii---•-.,.. :..•_.* -1 1_-..iSi-_.:.„‘:,N-.,,..:I r 1,4 •- .1 I i ,..00044. . o • �, did .tib l -.AW--- �� Til•` i-i. '!: , , _ • b ' ) • `-,-- .=' lit yft-is le .-.• .,:.1._.._, '..: 1 c 7ff -- -w tij. - ..74F7Xel--'' • r P-k.\,• • t 1,. 4-, - • . {•/,,:‹ ��-':`•' t ( --11111. '"._.' S {(1 I ' 11.:-:i.,. .- -/- r �.�� o • :1-tel:/' :1 . 1 ) J` s�..dl1► r ': 1 S t �.+�0 --!/ - - -•:.----.---7'--t- . •‘i k.11 A -e a . . rf ,_ •_ . • r :-.::• .. • 8. • ...‘........:• )• . i : * -. ISSZL../•••"/ ' 111P• • • •8 .-.$ i: ri .." ° , • ' . '4 ' ie-J . . — s - , _ , . • . • • ,. . „ .. . .. .- - • , , •. ! :. , •••, : • :. - ..... ..le , .., °\''--(------ p ''-- -. ••• • -- - ,-,- -;• _ - .. ....-..„,,.. • • •.., , . ,. ...1 ..: : i .. lic_ --, . . . - • . . - ' - :I • :- '---'7"jpirw,' -1--1 •-7 ..,,..-. '-'-‘:- ... , .: :/i.:.--.:.-;....::_.' ...).- .-;,-;-;'',:f7,--,..,-.::"---;.'--14.*:-?.arikli: -' ,-....- '-.-,- (.:..- . .. II.) *---1.-• — . •-• • . IT:'; ') 't l'- 3.*---( ** ,�� �� /�1 • I •- T • - , m Q It .% fr .Ki. v- 4e.z 0 E• • • OFFICE OF THE COUNTY CLERK County of Hawaii Hilo R E r��-� r- • Hawai `- - (D ,JfIV)16 HI 7 57 .,FFlCE '_ :ROLL C4Itiiyet E CQtltUT t 0,4WS:+a1NOES ABS E iuced By: Takashi DXminvo Arakaki — Introduced: December 15, 1995 X Bonk-Abramson X Reading: December 15, 1995 X shed: N/A De Luna X ARKS: Domingo x Osorio X Rath X Ray X Smith X 7 2 0 ( DRAFT 6 ) ROLL CALL VOTE id Reading: January 3 , 1996 AYES NOES ABS I ayor. January 4 , 1996 -ned: January 16, 1996 A` " X • rive: January 15, 1996 Bonk-Abramson X shed January 24 , 1996 Childs X De Lima X ARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 ) HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as _aced above. 411161rAlitild&r ...' / ' COUNCIL CHAIRMAN // COUNTY CLERK 'oucd B Itrp'prvvrd this day / ,I9 9e- )-61,(___, ,e • OR,COUNTY • All Bitt No_ 181 (Draft 6 1 Reference C-821/PC-91 Ord No.: 96 8 EXHIBIT 2 Of Counsel: DAMON KEY LEONG KUPCHAK HASTERT Attorneys at Law A Law Corporation KENNETH R. KUPCHAK 1085-0 MARK M. MURAKAMI 7342-0 TOREN K. YAMAMOTO 11520-0 JONATHAN N. MARCHUK 11664-0 1003 Bishop Street, Suite 1600 Honolulu, Hawaii 96813 www.hawaiilawyer.com Telephone: (808) 531-8031 Facsimile: (808) 533-2242 Attorneys for Petitioners C & J COUPE FAMILY LIMITED PARTNERSHIP COUNTY OF HAWAII PLANNING DEPARTMENT In the Matter of ) DOCKET NO. ) ) C & J COUPE FAMILY LIMITED ) PETITION FOR DECLARATORY PARTNERSHIP ) RULING; EXHIBITS "1"—"12" ) ) ) ) ) ) ) PETITION FOR DECLARATORY RULING TO THE COUNTY OF HAWAII PLANNING DEPARTMENT ("Department"): C& J COUPE FAMILY LIMITED PARTNERSHIP ("Petitioner"), owners of that certain property more particularly described as TMK (3) 8-1-007:045, requests a declaratory ruling that 1250 Oceanside("Oceanside"), owner of the residential community project known as Hokulia,has breached the development agreement entered into between the County of Hawaii ("County") and 843682 EXHIBIT 2 Oceanside, recorded in the State of Hawaii Bureau of Conveyances on April 30, 1998 (the "Development Agreement") and County of Hawaii Ordinance No. 96-07 and 96-08 which were incorporated into the Development Agreement("Incorporated Ordinances"). Specifically, Petitioner requests the Department to issue declaratory ruling as to the following: 1. Determine whether the Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. 2. Determine whether the Planning Director has the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. 3. Determine which County official, if any, has the power to excuse a breach of the Development Agreement. 4. Whether Oceanside has, within the timeframe allotted, completed the following: a. designed and constructed/built the roads required under the Development Agreement and Incorporated Ordinances; and b. dedicated the roads required under the Development Agreement and Incorporated Ordinances. 5. Whether Resolution No. 317-12 ("Resolution") and the Variance 10-027 ("Variance") improperly amended the Development Agreement and Incorporated Ordinances. 6. Whether Variance is unlawful, impermissible, and not authorized under Hawaii law. 7. Whether Petitioner received notice of the Variance, as required under the express dictate of County law. 8. Whether obligations in a development agreement can be excused by Variance under the Hawaii Constitution, HRS, Hawaii Charter, County Code, and Development Agreement. 9. Determine whether the Resolution, as an improper attempt to amend the Development Agreement and Incorporated Ordinances, required notice to Petitioner which was not provided. 2 843682 10. Determine whether the failures to provide notice of the Variance and Resolution were violations of Petitioner's right to due process of law. This petition is filed pursuant to Department's Rules of Practice and Procedure § 3-1, et seq., and Hawaii Revised Statutes ("HRS") 91-8. Pursuant to Department's Rules of Practice and Procedure § 3-2, Petitioner requests that this petition be scheduled for public hearing. In Support of this petition, Petitioner presents the following evidence: I. PETITIONER'S NAME,ADDRESS, AND TELEPHONE NUMBER Name: C & J Coupe Family Limited Partnership Address: 81-6558 Mamalahoa Hwy. Kealakekua, Hawaii 96750 c/o Damon Key Leong Kupchak Hastert 1003 Bishop Street, Suite 1600, Honolulu, Hawaii 96813 Telephone Numbers: c/o Damon Key Leong Kupchak Hastert Kenneth R. Kupchak: 808-531-8031 Mark M. Murakami: 808-531-8031 Toren K. Yamamoto: 808-531-8031 Jonathan N. Marchuk: 808-531-8031 II. STATEMENT OF PETITIONER'S INTEREST C&J Coupe Family Limited Partnership("Petitioner")is the landowner of(with a material property interest in) TMK (3)8-1-7:045, the property directly south to and abutting Oceanside's lands containing Hokulia ("Hokulia Lands"), and the acknowledged "adjacent property" in the Incorporated Ordinances, with material interest in the direct access through Hokulia Lands via the north-south Connector Road"C" (the"Connector Road") and inter alia unfettered public access to and through Hokulia lands via an extension to the existing Halekii Street,with portions both mauka and makai of the Mamalahoa By-pass road (respectively, the "Mauka Halekii Extension" and "Makai Halekii Extension"). 3 843682 III. STATEMENT OF FACTS The Incorporated Ordinances, attached herein for reference as Exhibit "1", requires Oceanside to provide unfettered public access through Hokulia Lands to both North and South via the Connector Road and East and West via the Mauka Halekii Extension and Makai Halekii Extension. These requirements, amongst others, was incorporated into the Development Agreement, attached herein for reference as Exhibit "2". All three of these roadways, the Connector Road,Mauka Halekii Extension, and Makai Halekii Extensions(collectively"Required Public Roads"), were to be designed, built, and dedicated, to dedicable County standards, and unfettered public access was to be guaranteed through the dedication of the Required Public Roads to the County. These conditions were expressly required to be completed prior to the first final subdivision approval of any portion of Hokulia Lands. Final subdivision approval for the first portion of Hokulia was granted on September 18, 1999. See Exhibit "3" (stating that "[o]n September 18, 1999, the County issued Final Subdivision approval for Phase I and on December 1, 2000, the County issued Final Subdivision approval for Phase II"). To date, and by Oceanside's own admission, none of the Required Public Roads have been designed, built or lawfully dedicated to the County. See Exhibit"4" and Exhibit "5" (admitting that the Required Public Roads were "not built to County dedicable standards."). On March 31, 2023, Petitioner filed a complaint (the "Complaint") in the State of Hawaii Circuit Court of the Third Circuit, Civil No. 3CCV-23-0000123 (the "Civil Action")i. All pleadings in the Civil Action are hereby incorporated by reference. On September 15, 2023, the Parties stipulated to amend the Complaint in order to remove Department's director as a named party via the First Amended Complaint for Declaratory and Injunctive Relief dated June 27,2023. 4 843682 Honorable Judge Wendy M. DeWeese, stayed the aforementioned case in order for this administrative body to provide input as to the certain issues involved in the Civil Action, and to the extent that the County may believe might be helpful. The filing of this Petition in no way constitutes a waiver of any claims or allegations made in the Civil Action, all of which are hereby specifically reserved and not waived. IV. DESIGNATION OF THE SPECIFIC PROVISION, RULE, OR ORDER IN QUESTION TOGETHER WITH A STATEMENT OF THE CONTROVERSY INVOLVED A. Determine whether the Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. Section 49 of the Development Agreement states that if, during annual review, "the Planning Department finds compliance by OCEANSIDE with the terms of this Agreement, the Planning Department shall issue a certificate of compliance[.]" B. Determine whether the Planning Director has the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. Under Hawaii County Code 30-6, [i]f, at any time, the office of the mayor finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the office of the mayor shall serve notice in writing, within thirty days after the finding of a material breach, upon the principal setting forth with reasonable particularity the nature of the breach and evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach the mayor, whose actions may not be reviewed by the Board of Appeals, and not the Planning Director, is charged with determining material breaches. // // 5 843682 C. Determine which County official has the power to excuse a breach of the Development Agreement. To our knowledge, the HRS, Hawaii Charter, County Code and Development Agreement do not provide leeway to the County to unilaterally excuse breaches of a development agreement. Please confirm such. D. Determine whether Oceanside has, in the timeframe prescribed, completed the following: (a) designed or constructed/built the roads required under the Development Agreement and Incorporated Ordinances; and(b) dedicated the roads required under the Development Agreement and Incorporated Ordinances. Conditions M(4) and L(4) of Ordinance 96-7 and 96-8 (respectively) require that "[p]rior to the issuance of Final Subdivision Approval for any portion of the subject property" Oceanside "shall . . . construct the extension of Halekii Street through the subject property . . . which phasing of improvements shall be approved by the Department of Public Works." Conditions M(5) and L(5) of Ordinance 96-7 and 96-8 (respectively) require that Oceanside "shall provide roadway stub-outs[,the Connector Road],generally shown in Exhibit"B" [of the Incorporated Ordinances], to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works." Section 16 of the Development Agreement also echoes this language, stating that "OCEANSIDE shall provide roadway stub- outs[, the Halekii Extension and Connector Road], to provide future connections between the [Hokulia Lands] and its adjacent north and south boundaries". Condition N of Ordinance 96-8 requires that "[a]ll roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii." Hawaii County Code § 23-10 states that the County"shall not. . .receive by dedication . . . any street in any subdivision . . . except in full compliance with the provisions of this chapter." 6 843682 E. Determine whether the Variance and Resolution improperly amended the Development Agreement and Incorporated Ordinances. Paragraph 27 of the Development Agreement provides: This Agreement may be amended or canceled in whole or in part by mutual consent of the parties to this Agreement, or their successors in interest, as further evidenced by County Council resolution,provided that if the County Council determines that the proposed amendment would substantially alter the original terms of this Agreement, a public hearing on the amendment shall be held by the County Council before it consents to the proposed amendment. This language echoes both Haw. Rev. Stat. §46-130 and Hawaii County Code Section 30-9's requirements to amend development agreements. The process required to amend a County of Hawaii ordinance is a steeper hurdle. Ordinances are the laws of a county or municipality, and typically only amendable through a subsequent ordinance. See Revised Charter of the City & County of Honolulu Section 3-204 (stating "till° ordinance shall be amended, revised or repealed by the council except by ordinance."). The County of Hawaii Charter lacks express language dictating the means to amend an ordinance. See generally County of Hawaii Charter (lacking similar language to the Revised Charter of the City& County of Honolulu Section 3-204). However, Section 2-2 of the County of Hawaii Charter states that "[a]11 powers of the county shall be carried into execution as provided by this charter or, if the charter makes no provision, by ordinance or resolution of the county council." Additionally, Section 3-8 of the Charter states that "[e]very legislative act of the council shall be by ordinance." So, despite not expressly stating that an"ordinance shall not be amended,revised or repealed by the council except by ordinance", as the Charter of Honolulu does, the catchall provision of the County of Hawaii Charter creates a similar mechanism for amending ordinances. 7 843682 F. Determine that the Variance is unlawful, impermissible, and not authorized under Hawaii law. Section 23-15 of the Hawaii County Code states that all the following conditions must exist for a variance to be granted: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and (b) There are no other reasonable alternatives that would resolve the difficulty; and (c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially detrimental to the public welfare or cause substantial,adverse impact to an area's character or to adjoining properties. G. Determine whether Petitioner failed to receive requisite notice of the Variance, against the express dictate of County law. Section 23-17 of the Hawaii County Code states that in order for a variance to be issued, "the applicant shall serve notice of the application on owners of interest in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may find to be directly affected by the variance sought." H. Whether obligations in a development agreement can be excused by Variance under the Hawaii Constitution, HRS, Hawaii Charter, County Code, and Development Agreement. To our knowledge, the HRS, Hawaii Charter, County Code and Development Agreement do not provide that obligations under a development agreement can be excused by simple Variance. // 8 843682 I. Determine whether the Resolution, as an improper attempt to amend the Development Agreement and Incorporated Ordinances, required notice to Petitioner which was not provided. Assuming the Resolution was an improper attempt to amend the Development Agreement and Incorporated Ordinances, notice of a public hearing is required for the Resolution under Paragraph 27 of the Development Agreement, Haw. Rev. Stat. §46-130, and Hawaii County Code Section 30-9. J. Determine whether County's failures to provide/require notice for the Variance and Resolution denied Petitioner procedural due process of law. The basic elements of procedural due process of law require notice and an opportunity to be heard at a meaningful time and in a meaningful manner before governmental deprivation of a significant property interest. Sandy Beach Def Fund v. City Council of City & Cnty. of Honolulu, 70 Haw. 361, 378, 773 P.2d 250, 261 (1989) (citing Mathews v. Eldridge, 424 U.S. 319, 333 (1976)). Due process also includes a substantive component that guards against arbitrary and capricious government action which has no substantial relation to the public health, safety, morals or general welfare. Lopez v. State, 133 Haw. 311, 322, 328 P.3d 320, 331 (2014) (quoting In re Herrick, 82 Haw. 329, 349, 992 P.2d 942, 962 (1996)). V. STATEMENT OF CONTROVERSY/UNCERTAINTY. The present controversy involves numerous compliance issues in regards to the Development Agreement and Incorporated Ordinances, as well as County's lethargy to rectify said issues. In addition, Petitioner would like clarification as to what powers the Director of the Planning Department has to rectify these issues. // 9 843682 VI. STATEMENT OF PETITIONER'S POSITION OR OPINION A. Planning Director has the authority to determine—under the HRS,Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. To a limited extent, the Planning Department and by extension the Planning Director may be able to determine compliance with the Development Agreement. Yet, no compliance of the Development Agreement was ensured. B. Planning Director does not have the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. Under Hawaii County Code 30-6, the mayor, whose actions may not be reviewed by the Board of Appeals, and not the Planning Director, is charged with determining material breaches. Because this clear delineation of power, this administrative agency lacks the power to resolve the claims at issue and neither Exhaustion nor Primary Jurisdiction should have been applied in the Circuit Court Case. C. No County official has the power to excuse a breach of the Development Agreement. Nothing in the HRS, Hawaii Charter, County Code, or Development Agreement, provides either party the authority to unilaterally exculpate the other from non-compliance or material breach of the express terms of the Development Agreement or Incorporated Ordinances. D. Oceanside has NOT, in the timeframe prescribed, completed the following: (1) designed or constructed/built the roads required under the Development Agreement and Incorporated Ordinances; and (2) dedicated the roads required under the Development Agreement and Incorporated Ordinances. The Required Public Roads were not designed or constructed to dedicable county standards,nor have any of them been lawfully dedicated. The County knows this, as in its material breach letter of April 29, 2010, under the authority of the Mayor, Oceanside was notified in item 3 on page 6 that it had failed to complete the subdivision improvements for Phase I as required by 10 843682 the Development Agreement. See Exhibit "6". And Oceanside admits this as in their application for variance in 2020 and 2023 they confirm that none of the Required Public Roads were designed or constructed to dedicable standards. See Exhibits "4" & "5". Further, it is undisputed that the Makai Halekii Extension and Connector Road have not been dedicated to the County as evidence by, amongst other things, the guard facility erected at the entrance to Hokulia Lands south of the Mamalahoa Bypass Highway; and, through a County Resolution accepted some form of the Mauka Halekii Extension, such dedication was unlawful. E. Determine that the Variance and Resolution improperly amended the Development Agreement and Incorporated Ordinances. Oceanside failed to adhere to the legal process of amending a development agreement or an ordinance. Instead, Oceanside has tried to circumvent the Development Agreement and ordinance amendment requirements through a number of unpermitted and unlawful means including improper variance, in the form of Variance 10-027, attached herein as Exhibit"7", and unlawful dedication, via Resolution No. 317-12, attached herein as Exhibit"8". F. Determine that the Variance is unlawful, impermissible, and not authorized under Hawaii law. The express requirements to grant a variance were not met here as the prescribed elements to grant a variance have not been met. G. Determine that Petitioner did not receive notice of the Variance, against the express dictate of County law. Requisite procedural notice required for both Resolution and Variance were not followed by Oceanside or County. Petitioner's should have been provided specific notice as to both the Resolution and Variance, but were unlawfully denied such right. 11 843682 H. Determine that obligations in a development agreement cannot be excused by variance under the Hawaii Constitution, HRS, Hawaii Charter, County Code, and Development Agreement. Nothing in the HRS, Hawaii Charter, County Code, or Development Agreement,provides that a development agreement's express obligations and requirements can be alleviated or excused through simple variance. I. Determine that Oceanside failed to provide Petitioner with notice of the Resolution. Oceanside's attempt to amend the Development Agreement and Incorporated Ordinances required notice to Petitioner, which Oceanside failed to provide. J. Determine that County's failures to provide notice for the Variance and Resolution denied Petitioner procedural due process of law. Petitioner was denied procedural due process due to multiple failures to be provided notice of a deprivation of significant property interest. VII. JUSTIFICATION AND LEGAL ARGUMENTS SUPPORTING PETITIONERS' POSITION A. Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. Section 49 of the Development Agreement states that if, during annual review, "the Planning Department finds compliance by OCEANSIDE with the terms of this Agreement, the Planning Department shall issue a certificate of compliance[.]" Thus, the initial onus of compliance to the Development Agreement was instilled to the Planning Department. Yet despite the flaws mentioned above and to be further explained below, compliance to the Development Agreement by the Planning Department has not been ensured. 12 843682 B. Planning Director does not have the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. Under Hawaii County Code 30-6, [i]f, at any time, the office of the mayor finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the office of the mayor shall serve notice in writing, within thirty days after the finding of a material breach, upon the principal setting forth with reasonable particularity the nature of the breach and evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach the mayor, whose actions may not be reviewed by the Board of Appeals, and not the Planning Director, is charged with determining material breaches. Thus, under the Hawaii County Code, the Mayor has the authority to determine and call out a material breach of the Development Agreement. The Planning Department and the Director therefore do not have any roll left to play in this process. The Planning Department and Director's authority ends at their yearly verification of compliance; a task that they consistently ignore. C. No County official has the power to excuse a breach of the Development Agreement. Upon information and belief, there is no language in the HRS, Hawaii Charter, County Code, or Development Agreement that affords any County official the authority to unilaterally excuse breaches of the Development Agreement. D. Oceanside has failed to complete a number of key obligations under the Development Agreement. The language of the Development Agreement is clear, Oceanside is required to design, build and dedicate the Required Public Roads to the County of Hawaii as important public infrastructure. See Exhibit "1" and "2". It was also expressly admitted by Oceanside as well as County that the Required Public Roads were not designed or built to dedicable county standards and have, to date, not been lawfully dedicated. See Exhibit"4" and"5". 13 843682 a. The Required Public Roads were not designed or constructed/built to dedicable County Standard. Conditions M(4) and L(4) of Ordinance 96-7 and 96-8 (respectively) require that "[p]rior to the issuance of Final Subdivision Approval for any portion of the subject property" Oceanside "shall . . . construct the extension of Halekii Street through the subject property . . . which phasing of improvements shall be approved by the Department of Public Works." Condition M(5) and L(5)of Ordinance 96-7 and 96-8 (respectively)require Oceanside to "provide roadway stub-outs[, the Connector Road]. . . to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works." Section 16 of the Development Agreement also echoes this language, stating that "OCEANSIDE shall provide roadway stub-outs[, the Halekii Extension and Connector Road], to provide future connections between the [Hokulia Lands] and its adjacent north and south boundaries". Oceanside has expressly admitted to its failure to design and construct/build the Required Public Roads to Dedicable County Standards. First, in its 2010 application for the Variance, Oceanside admits to the fact that the Mauka Halekii Extension does not meet right-of-way standards as set out under applicable County Code. See Exhibit "7" (requesting relief from improvements made to right-of-way). Further, in a letter dated January 23, 2020, Oceanside expressly admits and acknowledges that the Connector Road and Makai Halekii Extension were "constructed in 1999, based on a non-dedicable roadway design approved by the Department of Public Works at the time, and these improvements were completed a short time later" and that rather than dedicate the two roadways the County should allow them "to remain in private ownership, based on the current `as-built' construction, without improving the roadways to a County-dedicable standard." Exhibit "4". There, Oceanside also admits that the Mauka Halekii 14 843682 Extension "was not buil[t] to County dedicable standards, however, the County accepted this roadway segment for dedication, and now this Mauka segment of Halekii Street is in the County's roadway inventory." This same language was echoed in the 2023 Amendment Request as well. See Exhibit"5". Thus, it is an admitted fact that all three Required Public Roads have not been designed or constructed/built to dedicable county standards. b. The Required Public Roadways have not been dedicated. Condition N of Ordinance 96-8 requires that "[a]ll roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii." Hawaii County Code § 23-10 provides that the County "shall not . . . receive by dedication . . . any street in any subdivision . . . except in full compliance with the provisions of this chapter." The provisions of Condition L, of Ordinance 96-8 expressly state that Oceanside "shall construct the [Halekii Extensions] through the subject property . . . and provide the [Connector Road] . . . to provide future connections between the subject property and the adjacent properties to the north and south." The Makai Halekii Extension and Connector Road clearly have not been dedicated to the County; the Mauka Halekii Extension has been improperly dedicated via the Resolution. First, it is undisputed that the Makai Halekii Extension and Connector Road have not been dedicated to the County. This failure to dedicate (and lack of desire to do so) is evidenced by the repeated attempts to amend the Incorporated Ordinances to do away with dedication requirements (via Exhibits "4" and "5") and the construction of the guard facility at the point in which the Mamalahoa By-Pass Highway meets the Makai Halekii Extension("Guard Facility"), creating the "private" community known and marketed as Hokulia. Over the years this Guard Facility has become increasingly more heavily fortified, and now stands firmly as a stranglehold on public 15 843682 access to Hokulia Lands. This is all to say that Oceanside has not dedicated the Makai Halekii Extension and Connector Road, and does not plan to do so anytime in the near future. The Mauka Halekii Extension was accepted under the express condition that said road was "in full compliance with the provision of Chapter 23 of the Hawaii County Code."This was a false statement. See Exhibit "4" and "5" (stating that the Mauka Halekii Extension "was not built to County dedicable standards"). Because the Mauka Halekii Extension was not constructed to dedicable county standards, it could not have been lawfully dedicated to the County. Thus,to date, none of the Required Public Roads have been legally dedicated. c. Failure to timely design, construct/build and dedicate the Required Public Roadways. The provisions of Condition L, expressly state that Oceanside"shall construct the [Halekii Extensions] through the subject property . . . and provide the [Connector Road]2. . . to provide future connections between the subject property and the adjacent properties to the north and south." This was to be completed"[p]rior to the issuance of Final Subdivision Approval for any portion of the subject property[.]" In addition, Condition M requires that "[a]ll roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii." The First Phase of the Development received final subdivision approval in 1999, meaning the Makai Halekii Extension was to be "constructed" and the Connector Road was to be "provided", over twenty-four years ago. See Exhibit "3" (stating that "[o]n September 18, 1999, the County issued Final Subdivision approval for Phase I[.]"). The Halekii Extensions were not constructed to the required standards in 1999, and the Connector Road has, to this day, not been provided. 2 Not only did the Development Agreement incorporate the Incorporated Ordinances by reference,but Section 16 of the Development Agreement expressly requires that Oceanside"provide roadway stub-outs . . .to provide future connections between the Property and its adjacent north and south boundaries." 16 843682 E. The Variance and Resolution No. 317-12 improperly attempted to amend the Development Agreement and Incorporated Ordinances. Paragraph 27 of the Development Agreement provides: This Agreement may be amended or canceled in whole or in part by mutual consent of the parties to this Agreement, or their successors in interest, as further evidenced by County Council resolution,provided that if the County Council determines that the proposed amendment would substantially alter the original terms of this Agreement, a public hearing on the amendment shall be held by the County Council before it consents to the proposed amendment. This language echoes both Haw. Rev. Stat. §46-130 and Hawaii County Code Section 30-9's requirements to amend development agreements. The process required to amend a County of Hawaii ordinance is a steeper hurdle. Ordinances are the laws of a county or municipality, and typically only amendable through a subsequent ordinance. See Revised Charter of the City & County of Honolulu Section 3-204 (stating "[n]o ordinance shall be amended, revised or repealed by the council except by ordinance."). The County of Hawaii Charter lacks express language dictating the means to amend an ordinance. See generally County of Hawaii Charter (lacking similar language to the Revised Charter of the City& County of Honolulu Section 3-204). However, Section 2-2 of the County of Hawaii Charter states that "[a]11 powers of the county shall be carried into execution as provided by this charter or, if the charter makes no provision, by ordinance or resolution of the county council."Additionally, Section 3-8 of the Charter states that"[e]very legislative act of the council shall be by ordinance." So, despite not expressly stating that an "ordinance shall not be amended, revised or repealed by the council except by ordinance", as the Charter of Honolulu does, the catchall provision of the County of Hawaii Charter creates a similar mechanism for amending ordinances. 17 843682 Oceanside and County have used the above mentioned method to lawfully amend the Development Agreement and Incorporated Ordinances once before, via the passing of Ordinance 08-59 (amending requirements to barricade the Mauka Halekii Extension), so it is clear that they are fully aware of the proper procedure. See Exhibit "9". Yet, since that time, Oceanside and County have tried to circumvent the development agreement and ordinance amendment requirements through a number of improper and impermissible means (to be discussed in the following sections), ignoring the clear and proper way to amend the Development Agreement and Incorporated Ordinances. a. Variance is an Improper Amendment to Development Agreement and Incorporated Ordinance, and the Variance Here was Unlawfully Granted and Should be Declared Void. Specifically, in granting Variance 10-027 on January 31, 2011, Oceanside sought to circumvent the express language of the Development Agreement and Incorporated Ordinances, which requires Oceanside to dedicate the Required Public Roads to County dedicable standards, as important public infrastructure. This very issue was highlighted in a Memorandum from Division Chief of the Engineering, Division of the Department of Public Works ("DPW"), Ben Ishii, to Leithead Todd (County Planning Director at the time) ("Ishii Letter"), attached herein for reference as Exhibit"10": [T]he application does not acknowledge that Ordinance 96-8 Condition L and M required dedication of the connecting roads [(Required Public Roads)]. DPW object to granting a variance without specifying cross section details and distinguishing those streets. For example, Halekii street extension which is a collector street. . . shall be dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage system maintenance requirements and streetlights along with a surety in case of default should be imposed for roads required to be dedicated to the County. 18 843682 The Ishii Letter highlighted the fact that conditions on ordinances and requirements under development agreements are amended pursuant to the rules listed above, and may not permissibly be alleviated through simple variance. To reiterate, the way to properly and legally amend an ordinance is through subsequent ordinance, not through variance. A fact that Oceanside and County are very well aware of Thus, the Variance is impermissible, improper, and an illegal attempt to amend the Development Agreement and Incorporated Ordinances. b. Resolution accepting Mauka Halekii Extension Dedication in an unlawful and unpermitted amendment to the Development Agreement and Incorporated Ordinances. In addition to the Variance,Oceanside and County also attempt to amend the material terms of the Development Agreement and Incorporated Ordinances through dedication of substandard roadways. The County attempted to receive the Mauka Halekii Extension, a major secondary arterial connector roadway between Mamalahoa Highway on the east side and the Mamalahoa Bypass Highway on the west side, from Oceanside in the form of three roadway lots, more particularly described as Tax Map Numbers (3) 8-1-035:004, (3) 8-1-035:001, and (3) 8-1-036- 001 (portions of) (i.e. lots 10-A, 1B and 3-A2, which respectively correspond to the TMK numbers). See Exhibit"H". The physical road that comprises the Mauka Halekii Extension sits on top of these three roadway lots and it has not been constructed to dedicable standards established by the County of Hawaii. See Exhibit "4" and "5". The County DPW admitted by letter of May 16, 2023 that it does not possess any original full-size plans, specifications, or Completion of Inspection reports for the Mauka Halekii Extension. See Exhibit "11" (requesting information related to Mauka Halekii Extension's compliance with dedicable standards and DPW's subsequent response. 19 843682 Oceanside unlawfully and impermissibly "dedicated" roadway lots as the Mauka Halekii Extension and,pursuant to the Resolution the County accepted said "dedication" on November 9, 2012. Dedication of the Mauka Halekii Extension was improper for two reasons: (1) Mauka Halekii Extension was not built to County standards required for dedication, thereby breaching County charter chapter 23-10 and the Development Agreement and Incorporated Ordinances, and (2) the actual intent of this resolution/dedication was to unjustly amend the Development Agreement and Incorporated Ordinances, either of which require notice to Petitioner and the Public. In an attempt to relieve Oceanside's obligation to construct the roadway to County dedicable standards, County has assumed all liability for said roadway and shackled the general public with this costly burden. The County's attempt to accept this substandard roadway through the Resolution was likewise improper and impermissible, and the Resolution should therefore be deemed void. F. The Variance is unlawful, impermissible, and not authorized under Hawaii law. Section 23-15 of the Hawaii County Code states that all the following conditions must exist for a variance to be granted: i. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and ii. There are no other reasonable alternatives that would resolve the difficulty; and iii. The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially detrimental to the public welfare or cause substantial,adverse impact to an area's character or to adjoining properties. These express requirements to grant a variance were not met here, inter alia, because the most reasonable alternative was for Oceanside to do as it promised and bear the burdens that they 20 843682 agreed to in the Development Agreement and Incorporated Ordinances and build the Required Public Roads to County dedicable standards. Further, it is well settled law that in order to show deprivation of property rights warranting a variance, an applicant must prove something more than financial burdens or economic hardships. Surfrider Found. v. Zoning Bd. of Appeals, 136 Haw. 95, 110 (2015). Oceanside pleaded these economic hardship grounds when applying for the Variance. In their variance application, Oceanside claims that due to the special and unusual circumstances of the property(the topography of the Hokulia Development) full compliance with the County Standards of Section 23-86 and Section 23-95 would "add considerable cost to [Oceanside]." This does not meet the requirement for deprivation justifying a variance. G. Petitioner did not receive notice of the Variance, against the express dictate of County law. Under the Chapter 23 of the County Code,a variance requires specific notice to be provided to neighboring landowners. Section 23-17 of the Hawaii County Code sets forth the notice provision of the subdivision variance procedure, expressly stating that in order for a variance to be issued,"the applicant shall serve notice of the application on owners of interest in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may find to be directly affected by the variance sought." Petitioner (a neighboring landowner) was not, upon information and belief', provided specific notice of Oceanside's application for Variance 10-027 as is required by the clear dictate of the law, let alone notice sufficiently disclosing the Variance's true impact. Oceanside's failure to provide notice of the Variance is made even more likely given their pattern of behavior when it 3 Petitioner did not receive specific notice of the Variance application and the variance files provided by County(for Variance 10-027)do not include a certified mail receipt corroborating any such notice having been provided to Petitioner.See Exhibit"7". 21 843682 comes to providing Petitioner with notice of adverse (relative to Petitioner's interest) attempts to amend the Development Agreement and Incorporated Ordinances. Specifically, on January 23, 2020, Oceanside sent Planning Department Director, Michael Yee, a request to amend Condition M of Ordinance No. 96-8 under which Oceanside would no longer be obligated to dedicate the Required Public Roads. Exhibit "4". Such request required Oceanside to also provide a list of neighboring property owners who would be affected by the requested amendment. Merits of the 2020 request to amend Ordinance No. 96-8 (which froze zoning on the land for over two decades) aside, Oceanside "conveniently" failed to include Petitioner on the required list of neighboring properties. As highlighted by Michael Yee's response to Oceanside, dated February 11, 2020 (the "Yee Letter"), this omission was due to Oceanside only seeking to notify property owners located 1,000 feet from the road lots rather than 1,000 feet from all property boundaries. Exhibit "12". This duplicity allowed Oceanside to avoid providing Petitioner's lot(TMK: (3) 8-1-007:045) notification of any attempts to amend. Despite the Yee Letter informing Oceanside to include Petitioner on any notice lists, Petitioner only recently discovered the attempted 2020 amendment through independent investigation. That is to say, Oceanside once again refused to freely (as required by law) provide specific notice of an attempt to adversely affect Petitioner's property interest. The blatant evasion displayed in Oceanside's failure to provide notice for the attempted 2020 amendment further corroborates the premise that the Variance similarly lacked the requisite notice. Thus, not only did the Variance lack substantive merit, it was also procedurally deficient as well. 22 843682 H. Obligations in a development agreement cannot be excused by variance. Upon information and belief, nothing in the HRS, Hawaii Charter, County Code, or Development Agreement, provides that a development agreement's express obligations and requirements can be alleviated or excused through simple variance. I. Determine that Oceanside failed to provide Petitioner with notice of the Resolution. Assuming the above, the Resolution was an improper attempt to amend the Development Agreement and Incorporated Ordinances. Thus, a public hearing is required for such an amendment. See Paragraph 27 of the Development Agreement; Haw. Rev. Stat. §46-130; Hawaii County Code Section 30-9. Petitioner was not provided notice of any public hearing in regards to the Resolution. This is an abject failure of the prescribed requirements to amend the Development Agreement and Incorporated Ordinances. J. Determine that County's failures to provide notice for the Variance and Resolution denied Petitioner due process of law. The basic elements of procedural due process of law require notice and an opportunity to be heard at a meaningful time and in a meaningful manner before governmental deprivation of a significant property interest. Sandy Beach Def Fund v. City Council of City & Cnty. of Honolulu, 70 Haw. 361, 378, 773 P.2d 250, 261 (1989) (citing Mathews v. Eldridge, 424 U.S. 319, 333 (1976)). Due process also includes a substantive component that guards against arbitrary and capricious government action which has no substantial relation to the public health, safety,morals or general welfare. Lopez v. State, 133 Haw. 311, 322, 328 P.3d 320, 331 (2014) (quoting In re Herrick, 82 Haw. 329, 349, 992 P.2d 942, 962 (1996)). Here, Petitioner an "owner[] of interest in properties within three hundred feet of the perimeter boundary of the applicant's property", was afforded neither notice nor an opportunity 23 843682 to be heard at a meaningful time and in a meaningful manner before being deprived by County of its significant property interest via the grant of Variance and Resolution. By granting the Variance the County allowed Oceanside to sidestep the express requirements of the Development Agreement and the Incorporated Ordinances, which had been put in place for the public's health, safety and general welfare. The Variance was granted despite both Oceanside and County having knowledge of the proper procedure to amend ordinances, and acknowledgement of these very issues in a memorandum from Ben Ishii of the Department of Public Works. Thus, County's grant of Variance 10-027 was arbitrary and capricious and directly at odds with the principals of public health, safety and general welfare. These failures are also present in the failure to provide notice of the Resolution to Petitioner. The amendment of the Development Agreement and Incorporated Ordinances via the Resolution required a public hearing and notice of such hearing to Petitioners. Neither were provided to Petitioner, solidifying the fact that the Resolution was a violation of Petitioner's due process rights. VIII. CONCLUSION In light of the foregoing,Petitioners respectfully request correspondence from the Planning Commission confirming: 1) That the Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. 2) That the Planning Director does not have the authority—under the HRS, Hawaii Charter, County Code and Development Agreement—to determine material breaches of the Development Agreement. 3) That no County official has the power to excuse a breach of the Development Agreement. 4) That Oceanside has failed to, within the timeframe allotted, complete the following: 24 843682 a) design and construct/build the roads required under the Development Agreement and Incorporated Ordinances; and b) dedicate the roads required under the Development Agreement and Incorporated Ordinances. 5) That the Resolution and the Variance improperly amended the Development Agreement and Incorporated Ordinances. 6) That Variance 10-027 is unlawful, impermissible, and not authorized under Hawaii law. 7) That Petitioner did not receive notice of the Variance, as required under the express dictate of County law. 8) That obligations in a development agreement cannot be excused by Variance. 9) That the Resolution, as an improper attempt to amend the Development Agreement and Incorporated Ordinances, required notice to Petitioner which was not provided. 10)That failure to provide notice of the Resolution and Variance was a denial of Petitioner's right to due process of law. Petitioner requests that this petition be held for public hearing. Should you have any questions,please contact the undersigned. DATED: Honolulu, Hawaii February 7, 2024. DAMON KEY LEONG KUPCHAK HASTERT /s/Toren K. Yamamoto KENNETH R. KUPCHAK MARK M. MURAKAMI TOREN K. YAMAMOTO JONATHAN N. MARCHUK Attorneys for Petitioners C&J COUPE FAMILY LIMITED PARTNERSHIP 25 843682 COUNTY OF HAWAII ST'AT'E OF HAWAII BILL NO. 158 (Draft 5) ORDINANCE NO. 9 7 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII , KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-12 : 4 , 11 AND PORTION OF 3 AND 8-1-4 : PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-87, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A-1a) : PARCEL 1 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5 , 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South: 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S . W. Makahiki to a point : Thence, following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the right with a radius of 470 . 00 feet , the chord azimuth and distance being: Exhibit "1" 2 . 316° 23 ' 15" 424 . 98 feet to a point; 3 . 343° 16 ' 839 . 35 feet along the remainders of Grant 2029 to S . W. Makahiki, Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point ; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 4 . 329° 59 ' 30 " 473 . 03 feet to a point ; 5 . 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270 . 00 feet, the chord azimuth and distance being: 6 . 345° 33 ' 1224 . 95 feet to a point; 7 . 14° 23 ' 350 . 20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 8 . 354° 32 ' 30" 699 . 21 feet to a point ; 9 . 334° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, for the next three (3) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : -2- 10 . 66° 00 ' 770 . 00 feet to a point ; 11 . 74° 30 ' 930 . 00 feet to a point; 12 . 67° 00 ' 285 . 65 feet to a point ; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall : 13 . 179° 00 ' 416 . 28 feet to a point ; 14 . 149° 00 ' 221 . 00 feet to a point ; 15 . 52° 00 ' 205 . 00 feet to a point ; 16 . 67° 00 ' 304 . 00 feet to a point ; 17 . 80° 00 ' 573 . 00 feet to a point ; 18 . 102° 00 ' 259 . 00 feet to a point ; 19 . 136° 00 ' 441 . 00 feet to a point ; 20 . 120° 00 ' 641 . 00 feet to a point ; 21 . 137° 00 ' 256 . 00 feet to a point ; 22 . 168° 20 ' 1123 . 00 feet to a point ; 23 . 163° 30 ' 456 . 00 feet to a point ; 24 . 206° 00 ' 214 . 09 feet to a point ; 25 . 243 ° 00 ' 693 . 46 feet to a point ; 26 . 193° 00 ' 282 . 00 feet to a point; 27 . 222° 00 ' 513 . 00 feet to a point ; 28 . 210° 19 ' 324 . 00 feet to a point ; 29 . 198° 00 ' 497 . 68 feet to a point ; 30 . 181° 00 ' 307 . 60 feet to a point ; 31 . 258° 00 ' 140 . 74 feet to a point ; 32 . 188° 49 ' 30 " 106 . 80 feet to a point ; 33 . 170° 53 ' 443 . 95 feet to a point ; -3 - 34 . 268° 39 ' 20 . 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35 . 272° 51 ' 57 . 35 feet to a point; 36 . 267° 36 ' 189 . 05 feet to a point ; 37 . 269° 43 ' 203 . 15 feet to a point; 38 . 275° 15 ' 223 . 35 feet to a point; Thence, for the next three (3) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall : 39 . 268° 14 ' 434 . 20 feet to a point ; 40 . 275° 04 ' 236 . 30 feet to a point ; 41 . 262° 13 ' 206 .40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less . (Refer to Parcel 1 as shown on Exhibit "A" ) . SECTION 2 . Section 25-88 , Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-la) : -4- PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1587 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 601 . 01 feet North and 2 , 479 . 11 feet East and running by azimuths measured clockwise from True South: 1 . 334° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point : Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being: 2 . 298° 34 ' 831 .43 feet to a point ; 3 . 262° 26 ' 397 . 26 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: 4 . 277° 14 ' 329 . 53 feet to a point ; 5 . 292° 02 ' 85 . 32 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of -5- 30 . 00 feet, the chord azimuth and distance being: 6 . 337° 02 ' 42 . 43 feet to a point; 7 . 22° 02 ' 35 . 26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being: 8 . 6° 12 ' 384 . 70 feet to a point; 9 . 350° 22 ' 60 . 05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: 10 . 6° 42 ' 30" 362 . 96 feet to a point ; 11 . 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius or 705 . 00 feet, the chord azimuth and distance being: 12 . 6° 06 ' 411 . 07 feet to a point ; 13 . 349° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: -6- 14 . 3° 07 ' 311 . 35 feet to a point ; 15 . 17° 05 ' 307 . 17 feet along the remainders of Grant 1464 to Ialua and Grant 1576 to Lohi to a point ; Thence, following along the remainders of Grant 1576 to Lohi, Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130 . 00 feet, the chord azimuth and distance being: 16 . 349° 47 ' 1036 . 55 feet to a point; 17 . 322° 29 ' 272 . 49 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870 . 00 feet , the chord azimuth and distance being: 18 . 352° 50 ' 30" 879 .41 feet to a point ; 19 . 23 ° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point; Thence, following along middle of stonewall and along Grant 1162 to F . 0. Shulze, the direct azimuth and distance being: 20 . 78° 08 ' 30" 958 . 38 feet to a point ; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 21 . 57° 14 ' 50" 1532 . 00 feet to a point ; -7- Thence, for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole : 22 . 160° 00 200 . 00 feet to a point; 23 . 149° 00 ' 452 . 00 feet to a point; 24 . 160° 51 ' 628 . 00 feet to a point; 25 . 152° 30 ' 327 . 00 feet to a point ; 26 . 182° 19 ' 313 . 00 feet - along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27 . 171° 27 ' 400 . 00 feet to a point; 28 . 161° 20 ' 606 . 00 feet to a point ; 29 . 175° 16 ' 440 . 00 feet to a point; 30 . 182° 42 ' 30" 1190 . 00 feet to a point; 31 . 155° 00 ' 489 . 00 feet to a point ; 32 . 181° 00 ' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point; 33 . 153° 00 ' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 34 . 179° 00 ' 126 . 72 feet along the remainder of Royal Patent 1670 to John D. -8- Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point; 35 . 247° 00 ' 285 . 65 feet along Grant 1651 to Charles Hall to a point ; 36 . 254° 30 ' 930 . 00 feet along Grant 1651 to Charles Hall to a point ; 37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John Peters to the point of beginning and containing an area of 372 . 010 Acres, more or less . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof herein after referred to as "subject property" ) . SECTION 3 . 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 . B . The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205 , Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District . C. The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property with the acceptance of the prevailing facilities charge for the 499 units of water by the Department of Water -9- Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the 500th lot within the development area, the applicant shall secure the necessary "Water Commitments" and comply with the Department of Water Supply' s "Water Commitment Policy" for the remaining units of water for the proposed subdivision and golf course development . D. Subdivision plans for any portion of the subject property for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance . E . A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable . F . All electrical and communication utilities and systems within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site . G. A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property. -10- H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans : 1 . an archaeological data recovery plan for the sites to undergo data recovery, 2 . a detailed interim protection/preservation plan for the sites to undergo preservation, and 3 . an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. 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 it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of -11- Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to and approved by the Planning Director prior to final subdivision approval, or any land alteration activity, whichever comes first . The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses, parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e .g. , Conservation District Use Approval, Special Management Area Use Permit, etc . ) ; provided, further, that the applicant shall be responsible to comply with the following terms and conditions : 1 . An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from -12- the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; 2 . Upon opening the first phase of the park area, a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents , guests, and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike . The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and 3 . The public shoreline access plan shall also integrate where appropriate, any public accessway (s) to interpretive trail system (s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district . -13- L. Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails; provided, that restrictions will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area ' s pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions . This condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264 , Hawaii Revised Statutes; M. Roadway improvements and access (es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki' i Street intersection; -14- 2 . determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the applicant' s reimbursement to the county for the acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki ' i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; 4 . construct the extension of Haleki' i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the -15- Department of Public Works . If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki' i Street improvements . The purpose of this condition is to prevent the use of Haleki' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and 5 . provide roadway stub-outs, generally shown in Exhibit "Be, to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein -16- and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant , less the pro rata portion attributed to the subject property; N. In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements . -17- 0. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads . The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments . If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment . The fair share contribution for each lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of building sites as determined by the zoning of such lot . 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 $7, 239 .16 per lot. Based upon the applicant' s representation of intent to subdivide and develop up to 400 lots, the indicated total fair share contribution is $2, 895, 664 .00, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. -18- The fair share contribution shall be allocated as follows : 1 . $3 , 490 . 85 per lot, for an indicated total of $1, 396, 340 . 00 to the County to support park and recreational improvements and facilities; 2 . $168 . 40 per lot, for an indicated total of $67, 360 . 00 to the County to support police facilities; 3 . $332 . 61 per lot, for an indicated total of $133, 044 . 00 to the County to support fire facilities; 4 . $145 . 62 per lot , for an indicated total of $58, 248 . 00 to the County to support solid waste facilities ; 5 . $3 , 101 . 68 per lot, for an indicated total of $1, 240, 672 . 00 to the State or County to support road and traffic improvements . The fair share contributions 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 and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development , subject to the approval of the director. The cost of constructing the improvements required in Conditions J, K and M shall -19- be credited against the sum specified in Condition 0 (4) for solid waste facilities, Condition 0 (1) for parks and recreation, and in Condition 0 (5) for road and traffic improvements . For purposes of administering Condition 0, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies . P. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. Q . 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 . R. 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. -20- S . 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 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. 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 or more appropriate designation. -21- SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: A or COUNCIL MEMBER, AUNTY OF HAW=' I Hilo, Hawaii Date of Introduction: December 15 , 1995 Date of 1st Reading: December 15, 1995 Date of 2nd Reading: January 3 , 1996 Effective Date : January 15 , 1996 APPROVED GVED rs to jjL7';'. .7,-,nd £ -Ain't DEPS 'CC` "-.2 1-!CN COUNSEL. CCJNTY OF HAWAII Date __15f1`�' -22- l / ' ' : • it .. l • — -. l I I' 1 1,j...:;11.1?1 I ' I i ) I, I. •• -... , :-.--•••...-,-7 7 /I J :1 ��� a .rte ...a, , ry' -'•1= �� J ��� —_Swami 6 toPrte+^.. ' [[pp.... t _ —_ s a_.S_ 1 r1i #. G .1= - /jKi -- 1 N so \ '— Y \ '...."'.............."1"....• r n r 3: r s • 1 .f• �i 1`/..\.\5--------..... / \ f� �� 1 lemma.awes v �� .\:;. Tl:: I.: Jf I S r �• \. r c . i t''''''''' ' r.%. i ) : 8117 I/ r nI C w On L u /.r. f z... c E a C ...r._. ,,,, IIID,,° _ _'• v v > �_ y '_ .il , :; iii!t I I G !J i . :i ! 3I TI L ! lir i ‘`` t. C •••1f ‘ � ✓— G H s w L J t.... ,�. I! d r e s i s I3 it is op f. '- =-lsi !zt i s ; s s . c c , .�zii 'i t t = z • " I D �):1'' ' erriiii i : ir •e ' N n �v .0 !rt?i: i fii 3f Z'i _ : x i . t t t ••^ m Z cg5j 149 ,•..),,, o..... I---z. ...4LL.1.' '..3;-: \‘' '' ••••--:. -2 * -.4*. 14L-(- .'•Ns\.:..:1 1(1'''' '". ,,•k .'s •t\-- '.. '''N' m -.) • • •.. . „ -7 • , L__ . ' . l • '-'44+1 ' '' \.//,•, *•:1-1•': • .1 ,S. 5si ..,.. ---(,.,/..,>i "44-1 • •• 17---r- • .."-.--7 , ,„„ :••• ; ' ....,, 0 , ..n, ) .3-,,,y;),„,,, ., ...., ,,,- ..........t...._ 1/ . ,-.,...it, ,,,D rirs ,, ' ,., ..._ ,:,..,.,.fg-xtp ,. .. ..‘„). . --. _ ___ • i..,, v..30e0.00,400 , ......, y:.;•; ,,i, is 0., ur , `i•ki.••(• ci.g'• j- - -- 81 - 4 ..• ,.. } •1 .7-- i '• :\ },..... 1.•:,. ',....i, Z Is/ I i',014, 1,1. ....1 S... .....1:.<.. o. .- .."... ' - . . . . i ' .-‘r4, 7...24 '...."---. t • 4.$ Ca 0 ':..i.." .i..1;1.1 r :,C4c, - •4-- • ( • . t , 1*-•-.c!- I , .. m 1 •••- jr., ‘, ,,,,1,21-i.. - , •.•. r : 'if:. ', 7 r 0 y (to -)4.1.• ..‹....k,N;,..-..:, ... , .-:-.7.-_-_-7,-t- . ....L. s ) •1., Jt ••••-.. .W.:44.17'" -•-t,%.. • ••' -`-7 c:- „,,,,,,..-- - , •• .- ; : 3\--y-. -...jApy), :- .-t., --•4... ': i, , i -• 7 - -.. • •• • lir"' mar . ... It .ft di. ... ( cs.... _ ., . . . , k.:;; 434''' : • t - • '. L;1 '....1. ••• 5 •-:-. ".f..' •• '"- 2 o ,"-- • • • ••:;;;....-. .•43 Ill imilomMiltillk*••••4;:k, 1: _ • ,--i••.-1...•--7.-)..._is, ) II- -i- .' ' •s; °. • - \ 1 ""rilk ' . • - '.... '• )'.-:••-:,,,.:. .2- N. ,' i ,. • t.' ''.. ' '.'. '. .. '. s". 2'- --;. -sar'• •-if. ' . ":"-:‘'. ... i .' •' it - - ......-.)0,.....-c. -e-;,...-T7--------e--------A. i.,....• , s . ) .,,-....,_. .:- ...„-.........-10. , 1.-, .it._.L.,,.,..../.. .., B 41 . I ,'''. • . .....41-___ - ''''. 0 1P:0110..)../..---, • - ... ,_...'.. - t '.:.,.. .. . 4(ov,r . :J., . ',..,.._77..,.....,\.__..,1.7, _.\.,.:.... „.._.‘,...., . _ . . ., .. ; ,., ,, . ... • • -or, ,.1. . ,(, -- ..., - . ., . --4,- Lir - • -.-;.• , ,, 4. -# . 1 . \., ,•• ,.,._. ... •I : '..•,„. •: 77 ,f''. 77.. • ... . .' •;it . 't..• ... i ) .:...7.'..'* . I .":-: .; , • ; ' i , N‘ . ,•.r.1. - ;:r L. (r; ,7.14t: ,,!: '..o.- iihhisse -• /:. i ) . ;(...7.---y„ .1.--.;,..,,i .. ). , . - •• --.....Ao 4/67 - / •/ -......_. . •'',1t. . ' ..iri: -:-. . tf",": '''%''''''-g-- .. -4-:-'er - ,1 ' 'S.-/-... ; ).• :r,,(14' .*k.....*•1111114'filk 1 '' t\ ''•--i- 1s. •:-.--- ---L--I Ijr"-I L. '-- Tr _,.. --, • , • .., . ._ ... • .,, ......., .. ., I.--,,,,.. . , , , ...i...--......,,i.• • . ..._. • . - , 1 • ' '/.... 1/• s..'/ ' ' 'rj...1 i ': 4:-' N.,: • '..i./.•, "..•••,,,.•A,-1. ,..4 . I . .,00° 4 '.'-. '1,6. ' )'. ' gifj..kr '')"•• 'i \• \ ' ( 1 t'' I i % - • ' ." - ' 7 i . ' I -ir ; •i*„.. -t..,71 wi-•.„.. ,..:4.-,•,/. • 1 . 1 ) ,, \ i, ..... ,-,:: ‘,---•„71---„.....,,,.. . Airro „A'.:•.,,‘ i•.,' ,r ...., ipA,-.),,,r,--.... .. .,---/..1,4o.A. !-.1- ,...m. 1,‘- NV 'S ,,::- -- ,,, . • # / . .,7,, -," -'-_-. 1 4° .W)-r`..... -E',,Q0.":11.,? !.1 •, , _ ' 1,-,,,..."1...:Vi ,.. M Z :._ '••::. _../ r • ./. -21-•-t„...,,.1 (,,,, ,,‘", i ,,, , <1 -... -• .'-')"..." ........ ,\;. ' "r 'IA r 1 t '1110,frit <,_ #F4 > t... 111. V \ ; i '' .;',-;Ir-. (.• ,,_ •. -.‘ ,-- *.., : -, ',{: i$0,•,,e- ...,..... rs.*-•-,.4. 0 . / .f: ).fti *i,, ,,* Ws :t''•' '..,A )1 -t. i- .,,,veii.;',..:-.' rn ,:- ilif, , ' i '" --- ''' . "' - - • ..`e.-;1 , ,... %IA ), 1`. ...j:,„,f‘.2, $1,; e 1 (,.....1,,,,,.;-- tirgl i'• MS I ..,.. , 4: -,4,44,„.. -- • rin e•• - . - , te - voilt , .::%.e% .1 '•,,,''' '-;.A.-it,--I ' , % ''''. 't -.1. „,.,,,, q'fte 01). 1 . 11Z i.• re A - , 1 ...),• ,g. e,f • 1 ) 4.tt • 4., qt,,,m : Z __2 ' .. t..,,,, < .1,'!.....I , 1.;.)..).1 ,..•. f?-.. f_4: , ii;4}. . • 77 .i...4.. ,...,, ".k..„N''," (•Ater i ' 40(i ' ‘ '•. •i,-.; I k ,.' ...1 il i ,( ', ' f,;e14- 0 NI: . 4.r4- Vt--TA4 )). 4fts ''2J(It.,,,- rg r- ''.'"1-':'-..\44:'7:.1:4: '.4 -- ; '11 ftil ilv.e‘7\4V.,".*4;.',.1/4t4-t'4s‘l 1..411'''‘'. 1:7-f$ Ismir."-.--...-4.04Val -t %.---....5744.Imettiimia'''431' 6,0. \t_Z./.4,......'ora'../17 ' l<107i414. ,,f4fOr:,. :(1.!`,7,1,4-.4.K-49 .-fl,.;,....-. ,ifill , ' ;,1,. i , . . -,)01,ri.. )hi,. G.) ,,-„ft, r„ 71-Ifuttr-i4-tim-Ailivrirjr., 'a 1 \‘'n'•-‘ 4 f'>,t'" ' •:' i((Ri (k IP' # - . i % (If ,e' q),- • ')/11' ' 1\ - ,' '- ' r :\• -- fr,p , t ir,...,,,,,, .,..„“ lmlialiav SA ,,,,,,,,, r•-, (%), ,. • .,e- ,...- . .,,,,„,,, .,,4, th .fkiii4rAwAiisfyagi ry r " ' Oil 011 ..,a•' ",, '''Ors(1 -.--W 1 ' • P' ' .... grait Zy-lw-'. y , y. AI"• -i (' iii\ \ 1 f P 4C11:• - 11: * 4'r• 1' 4.••-‹-. w, eittl -; - - • .. if . rft i . >, P:-..14544)*;'ir.,,..1'40 /4).-1.il 40.0) "i:. f...i,`, •\ -4. 'A '-‘, ...Of; ' ..•-....."://, ' '1'i. ''('. 'r'..""."1 \ \liat ' 0 %!er.1 - C e. gi,...:.,...tctit 4,.„. .,-.... ,:i, ,,,..,,-:. „,,,,-;apt .1.-, - -.iv ,, -,/,' ,1 .12_ k ,\;, t - • ,41:'„ ;Vir''.74‘L. -,":' ••••-•s• •,..a:,,-"1,01P1),..',/. SI''' -: ltt 4iaitlit . kr, .)'11‘,\•• --,) \\ , , rigi ,, .. ,,,.i ..., .44..0.,.„...... •••• .. 4., - - f( , , ., . . -\\ '' 11,\ et,' - I •i-c, 1- :..rt.. I • 4' 'i • it 111,- • :•, " ' • / ''''''''• •‘'..1 j • ,,\-- 1\ '-..A. 0 X '4.• i r,' •= ( I: ( 1).1 '!•:.' ;4 itgi :• :' 114( ( `• .. . f .9'''1 ' (•//iy .;• lin X Z I.."t , 4 2 1 I••I '' CI% ' • '%le 4-1 .L.Fe : ''' I.-' - . '•, k • e anak \ 1 W ,!.;'. ' f€7,,,__.•I - L,-4. 101101: . . . 'f-• . t-''- / . ( . ' ) '_,;.• -;..4,. .'-‘• i-I.'),,. F •:. . . .......... i- ' ": -St. - ---"7-"44-47:-..-: i . .---'-"-- t 'I .•''A - . I /.. " ...-:.;; II .,., ..fir'At.....t. ':"."- '1** ''. s 1 • - . \......2 ---- ';'-' ''.--...."....-r---- '''':: :\c-=-4 , •W • • /..,• rk,'' 4‘.; -- '. 's--. 11,-... ....4 - -- ••• .; ' "1 , . . , --r- , ., :, ., .,-. ;:,- • 7. ... • . ', • ' ) . \ ,. ), 3 I I, •... ..•• i tr4.4.;..$1.. . ' s.C.L....,....0'....; irN.„...t4z, ..•7;71' : '''''''H..;::-:. .. ..I ; .' '• ...:. ' % 1: \‘' 4.1.---7-4----4-' •'- /-- me. . , , •A.... `if.J..: ,.-. •••! . • Nilai ,T)- ' . ' i• .... • . ,. 0.. 77.. 4 .., --,. ..1.--"a• co rn co -; • .! :- . ' .: : t---, , ._ -.. . ". ' '' -.4 X 0 ‘.,,•,, --..... - --/-- c -1 c "-- , . • , . , . , ... cg rri ..11 - • _ • " --- • '4- ' 4° • =... •-.-- -'- -. i :--, ,-- • ' _ - I • • , , ' , • .. • r•-•1 •,••• c ...,,,, ,...,, tw,,11,, •v‘•?ilt 'iri.,..<-rr.r,434. ' '1'Alt` ( A'''''I ,..!--... 2,• '),', , '`Ilo'c' \' \.1 )pliu •-•,,,i, WF.-.17,,, $ ,,,,,,4*.aat iiii tv\ : ' . - ..,-• Itli'' -' : -l' ' r;''I.' ' ,;L:i.,,, ;/tr.. , , ....—..........u..............„„, j....,„./L o1r, . ,. ,,4,,,i_—ta--,•,,.,\.•J 1/4.? 4 ta,(15,5)1'ft\lifrr,i1P-NCLO, ?'••ri ' '''f •' h-1--.4- --- ' ) • „,,,,,1/4,,,.. f•-•'- • , •:,.,Ik,..., ,,,. .IL*...,7,471,k.l.i.s ',,•. "''I. tif‘\../1,. /v ' .:','"' c, •'t, ' .1- ... L• / • ' 'I rt,-•, ‘• ' ..:PkilN"s'•`,'..',S*1.1 kar4;7 4,\'Ay."Ck' i.' ‘'• 1/4.• •' s\e_ e‘f -,r ''' 4. zi ' • •-) , '',--• '.': %;. s ,,'s t ,i 01; .1.„,iiiliv,,4144—or,•,.,,,,' A.<"f%'(/^ ..-.... ", ,'.. ( , ; ) ( ( • s ,I. a A••• . . -.L...„..,,..,,,.•: •-.0.: -4'''W\ \,1 .• V• ifillp.1'IA' • I 46 -(14* ,. j' C / • I ° 1'rr' • " . ,,‘i.;,,11..4'. // t.; f it ; *.4A v ,40•stit't\41,44: .'• :'•... t . ( .r"'r•._.,. . ) 71 1.2., , .•!,. :t. , r't ;%:C.l• \ ? )..I'l y• i, .).."4.73:.! • ,,...5..,,...: .2. ./ 1--../.......\,.._ 7 t----,--- ., ,.r ,, Cn ,•./*'.! t 4..... \ S 1‘1•'W•7 "'Pt' . ..=,:r t‘• •-r)-.1 I -7--- •--- = • '`.• ) • . .• ‘,...A.,. . --•.A -- , a, . , ,. • ,. l'?" j--,x---..,.,-,4•-•....„ I Tr': ke''''\\ ')- - ,', k • , ,;.1,44:01 ,Icr„(, • t •t '-')'• • -...,;: ,,, , / i '"."--- ---: --i Vali., •1 . (,,4 4...1 1 t IL ' ' ( r7-c.__ ct. . -• 'I't—„, ittikw&a,,- . • ..' '•.s.,. = - .... , -i-•..S.../ -.-.L ..(1 = . . . WV'''. ..1 • • - ' •• 1- , 0:. ••••• - •' , !P A •• > , -V 7 g' 2- . ,...1..; • ,=•• .t 1 )....,'.• .' -.•- • , , ...,,,,-- . . ,-........,..) -- , ., _4, .. ,..,,••••..i, : •7(" i ' .7 /. •• ' , ‘___ CD , ': • co I''.!5..7'" k ' :•• •. ... •• I • / • I L • • ! -___,; •, " . ....,44,;e. „ ..... r ., . , , , , / 1- -_,/ :y7 •• - • , -, 1..._ - a ,...-,.....,„, , . .. :. , .i , ' " 4' -1 L . "%SW'. / I ' •I, (•_. 71.,s, i .7`) i i . - --,.... - *** •••••• . ,•*, / . ' _ • 1 . 4 .:, e Z •• :}t ' .• • , 1744 jj r. i• ., , i , • • 7. e , 7' 1 t A 1,...4...4 ,I ..,410, , , ., , 2 • i•. • -.-r.-.. ; 'V. ••• .- •• . `,, ! ' I- 1 .^ ' ---cZ..„:::••• ": ••%, , , " '• --.._ . ..771f-'• I '-'% . _IL_ ..,I i ) 'Nk A,,, .....• •. ' - . , ..., . *•.44 ,__,...,,x- , ....V:V ' ;'- A 1,)la '.\ ';•••- _-7:,---N -----••• .,_. t./.S, • .a.e.:117: 1° cll.. . / I siA .,)/(T: ----‘.r .:N. .. .......*::: . ..../ t• ,,, . 4,p. „(... • / r. .n. . ' I ........::4 : 1. i r.• - il:,2, '.. -- \ss..%-/ '4.4. . 7- .-4 A.,. t ‘ 1—P2' /7 ' . . r ..• ,A, •,,,, AN i \ / '1 / --;/ • or • / ., , ' "i fk: r?..'. ' •••4 ..e.. ' , I I \ 1, , / 7 ..........,.--...-,•,-,.......,,,L..... C.51 ' *:.\ - ---"cir: : Vi-,;4/./..,,. . 4--, 4.p.,,, '4,44''' .1. I ) '‘i ) '‘ . . ..' ':• ' / ....."...1.....-. .4! ''' - '• 1 • ..A ., Zrr.' '•• 03 0 .\'. ...xx„mc,v•,,‘i,- .,Mt_000,.'...D...a4.."n,,. c•'j •-\••.--,.,r.i_—••___i,„N:,N_.s_._.,._._'.-4_4.1,.„.....•2,1/4...,._.. ,•.'. 11. n:• t:_,...;.1,,_;,„ .I; 1,dlsY 'l•4.,r" ,1/,..•,.i.11..*.A,,•,;•..,.f.'..•_-7__.,.1."4•.....17•i,.•..• ,•.'.,,f 1-.,,'',, ...'.5,• `?'.I• i•. .:N'—• • '(•).,,,••,,•A-'•,.,i-.,•.'-.'_.'A;.•,,-' cr .-.s.t..i-,4„„.,.‘!.•,,i',...,.ii,,.',c-4,1,..-‘-.,,„/.4..°7,.,./ —_-.'- .,t -.-. .• ii... ,, . ' .;• ..I. . , , .,. •,1 . .,,(,,)/ . ., i'/ ' . 1 '' ''Z.n 'I•!, :•' 'I I• '. '. I Cr '-"•••• O.'• .....# -- '-^';/ 3.i i: , •• i n • .....k"--.--,..........:,-.y,.s, . . 1,..r. . . t. i,,• 11: 7,1_1;fr i i 1 '//''' , .1* ii' .. ` , . •7, ,. „:1 ' , l' .., ., . ,--) ' ;p , , •J .,Li 4,,, 111 4. ,.. 1'It ';• •‘':.", s A-, ,i f,,;'. _, , ,,,;''. E r, , ,'A,la,!42;E .•,, i i','III.. .' %,14r•. . , *, 5 1/,) '.7".' '-',*-5'J, . --- ' / ,, .. .:• 15..„ .i L 4 • ,/ ; c' . ‘,. I .,. • / ./ . t.. ,.;Fp, • ) , .- ,,• ?...,;-_ , , • 1,,rei;4.--..,' : 11A :q itLkk --,•• ' '-' i • ' • •:,' "I tr , . , ,,\ ,, , ,),. ..,,.. : .,. _r'' ''‘''.4 ',S./ '.). l' \,y. ,---, / •)1 ir-r'r-'-', ; (I,' •:', '• 4,--44f/.,7. • ,,,qk: Fi ' ' '' "'' '' ' I 1 ' -, 'I( •"' ..L."? •C,01, :'"'.i. r, . , • • -1. — .;.• e i,,, , 1 .,, , - ..- ,i-dist_A', ',\ I••-.). •'r''`-'*- "'- ,.. ift":!,t*ri:ri t I ' :' . ',/ : ••• •, . //.''.y 1 , 1 ... 7- '' - \\1•1.S.'• s /' , °'----ir," II., ,.. , • , -i 14',//,' '., " i 1. , / 1;,,,, -,rt.._ ,'-.,\_." 1.,`•\(:k.,;-•,-;',t ..- Z-r). ., ll/IFL, if , , • ,.\.., .: , • 1_ ,..), •\,i.j . ;1.i ' , .. ., 1 1 W\\\ .--..- • .J 4 , • • - .1. ., . , r r .",fp• , -,-,6.•1 1 , ,,,„,, r, 1 •,- ,,,,,,,t . - ps.,,,-.L... .-::-,,,I.H.,./k.:: 1 , - •.• 1 '<..,.. :2 , ‘,:. ',•--1, .:.i.:: ._ -1 • '... . ,11., i . 7 4:"A' • ' ': .: . ..•*1 ,•. 'f • , ( i __,.:_i!,,,,,,;.,,.„1" , ?,,,,,,',//0:.,,,\' _:..2.i...•.,--`,'I't s,),•c\III •',7(‘ ( 7 ... ,...,.,,s,......2,•••.. , ,. .4 . I,.... 7., ,. . V • '•,-- . M , •- ) IR , •• tr. - , l i ' ' t-- -..,..,_' .. .--,,,k..-.----I------''•-----—4--2----Fa;11 \\\‘‘' •,. • NI:•.7tt • ) L')'----- i / il !D ! • i L Z.... , I ,.._L.,,,....-- =-__ — t 7, f'"' 17 i- , , .., % - •7- / • \ , ‘• , , i )( :.(,,,.....„..._ • '11.7.1,_,..?,* ; • . . . " -/I''' H- ' • \ \ ' \ • 1-1.---..---- ' .., • ,.• 1 , • • . A‘ '' • ,..: . • . / ,./ t1 ' ) ' . ' -.1_-...: II' \ ' ' . CI) , . .;.,-......_ • _ ,. -'•,- _- ; • .. ....., . „ -7-17-is-t-------s < r " ' ____r•,1 -:' 1 )=i1 - , t2.,:.• • !, ...,""..r.'' ----1; . -..-. s ' : -;.-' ' ..r. ....":--:: ... -- '. "A ' I r- : I - ..L....„." --"'7, • , .. - ^ ; - - • - ' '- 1-----r.,--r-- = ••• „ : - , ' 7 , . . . . . . . O m : - . ... . • ..... ••• -. ..,-- - ,• • x x .... . • • . , , . • ••• 0,.... — • , ...2......4.' •... ,. • -....,.,, • , s , , I , ••-r - ... -- • - - Z ''''1 •!.? 'k ,.• 1 ' . ' ... 0 M OFFICE OF THE COUNTY CLERK County of Hawaii REC r f Hilo , Hawaii (DRAFT 4) '96 JON 16 19,1 7 57 1mFALL VOTE. �, C L E R k hageN T YN E5-i WAgiS EX Introduced By: Takashi Domingo Arakaki X Date Introduced: December 15, 1995 First Reading: December 15, 1995 Bonk-Abramson X Published: N/A Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 ( DRAFT 5) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996 Returned: January 16, 1996 Arakaki X Effective: January 15 , 1996 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith x 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN AtAte -6se ".26(---- COUNTY CLERK Appr ved/ d this day of ,19 Ci..6 .411 pjr• COUNTY 'F"b•WAIL Bill No.: 158 (Draft 5 ) Reference: C-734/PC-88 96 1 Ord.No.: COUNTY OF HAWAII STATE OF HAWAII 181 BILL NO. (Draft 6) ORDINANCE NO. 96 8 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST,NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87, 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 Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-la): PARCEL 1: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions, being also a point on the division between North and South Kona, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by azimuths measured clockwise from True South: 1. 710 45' 902.30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2. 152° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next seven (7) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3. 251° 23' 30" 224.69 feet to a point; 4. 250° 35' 58.35 feet to a point; 5. 255° 17' 131.07 feet to a point; 6. 240° 43' 26.91 feet to a point; 7. 257° 50' 172.57 feet to a point; 8. 243° 13' 30" 21.91 feet to a point; 9. 256° 57' 98.95 feet to a point; Thence, for the next twelve (12) courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo: 10. 338° 17' 30" 158.36 feet to a point; 11. 257° 24' 102.95 feet to a point; 12. 255° 40' 30" 171.35 feet to a point; 13. 261° 29' 101.46 feet to a point; 14. 346° 30' 30" 54.40 feet to a point; 15. 343° 21' 30" 152.40 feet to a point; 16. 346° 20' 165.46 feet to a point; 17. 343° 29' 30" 80.88 feet to a point; 18. 357° 13' 57.51 feet to a point; 19. 345° 53' 30" 154.41 feet to a point; 20. 333° 53' 114.71 feet to a point; 21. 345° 43' 43.78 feet to the point of beginning and containing an area of 22.251 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A"). -2- The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-1 a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 1. 172° 44' 35.46 feet to a point; 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251° 15' 39.58 feet to a point; 5. 259° 25' 18.68 feet to a point; 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271° 10' 30" 50.61 feet to a point; 12. 261° 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262° 38' 30.23 feet to a point; 15. 258° 17' 37.28 feet to a point; 16. 254° 45' 21.32 feet to a point; 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 21.89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° 07' 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; 23. 250° 03' 30" 91.17 feet to a point; 24. 257° 28' 88.18 feet to a point; 25. 253° 37' 30" 14.36 feet to a point; 26. 271° 49' 7.86 feet to a point; 27. 243° 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; 30. 265° 31' 13.70 feet to a point; 31. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259° 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259° 49' 30" 85.74 feet to a point; 37. 266° 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 272° 05' 60.95 feet to a point; 40. 269° 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; -4- 43. 272° 21' 30" 28.45 feet to a point; 44. 277° 12' 46.47 feet to a point; 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; 50. 261° 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' 166.66 feet to a point; 55. 261° 47' 108.98 feet to a point; 56. 243° 34' 33.10 feet to a point; 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262° 59' 118.99 feet to a point; 60. 256° 19' 39.78 feet to a point; 61. 262° 44' 82.08 feet to a point; 62. 267° 50' 34.11 feet to a point; 63. 265° 25' 63.09 feet to a point; 64. 273° 36' 30" 112.92 feet to a point; 65. 268° 50' 151.03 feet to a point; 66. 274° 59' 30" 35.27 feet to a point; 67. 268° 30' 30" 48.40 feet to a point; -5- Thence, for the next three (3) courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makahiki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73. 333° 41' 55.11 feet to a point; 74. 341° 52' 42.41 feet to a point; 75. 350° 21' 65.77 feet to a point; 76. 357° 11' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81. 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83. 356° 37' 108.84 feet to a point; 84. 358° 09' 110.66 feet to a point; 85. 6° 27' 30" 75.31 feet to a point; -6- 86. 357° 30' 30" 143.26 feet to a point; 87. 8° 45' 30" 30.57 feet to a point; 88. 359° 52' 108.27 feet to a point; 89. 265° 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight (8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90. 357° 3 3' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point; 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; 96. 329° 39' 30" 32.22 feet to a point; 97. 326° 06' 51.01 feet to a point; 98. 324° 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; -7- 104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105. 82° 05' 30" 51.64 feet to a point; 106. 83° 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91° 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; 111. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; 113. 268° 21' 280.72 feet to a point; 114. 259° 47' 379.67 feet to a point; 115. 260° 53' 149.26 feet to a point; 116. 259° 07' 153.59 feet to a point; 117. 266° 02' 30" 90.63 feet to a point; 118. 250° 32' 115.64 feet to a point; 119. 240° 54' 54.22 feet to a point; 120. 246° 41' 140.89 feet to a point; 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; 123. 245° 12' 30" 66.16 feet to a point; 124. 257° 45' 30" 34.33 feet to a point; 125. 239° 59' 72.54 feet to a point; 126. 250° 39' 30" 70.76 feet to a point; -8- 127. 246° 08' 111.93 feet to a point; 128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four(4) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions: 129. 64° 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.78 feet to a point; 133. 154° 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet, the chord azimuth and distance being: 138. 149° 59' 30" 473.03 feet to a point; 139. 163° 16' 839.35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; -9- Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet, the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A") SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 3: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit II (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 2. 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii) to a point; 4. 266° 28' 187.31 feet along Lot 3 (Government Land - County of Hawaii) to a point; -10- Thence, for the next eleven (11) courses following along middle of stonewall: 5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 8. 91° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; Thence, for the next four (4) courses following along Grant 866 to Kapule: 10. 86° 02' 30" 309.93 feet along Lot 2 to a point; 11. 80° 19' 207.35 feet along Lot 1 to a point; 12. 75° 14' 183.86 feet along Lot 1 to a point; 13. 79° 02' 674.13 feet along Lot 1 to a point; 14. 177° 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 15. 75° 14' 1,338.05 feet along Grant 977 to Panaunau to a point; 16. 150° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251° 45' 902.30 feet along Grant 865 to John Nakookoo to a point; -11- Thence, for the next thirty-six (36) courses following along middle of stonewall and along Grant 865 to John Nakookoo: 18. 250° 02' 30" 41.72 feet to a point; 19. 238° 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253° 29' 121.82 feet to a point; 22. 257° 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to a point; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 110.46 feet to a point; 28. 258° 29' 24.30 feet to a point; 29. 274° 56' 30" 31.91 feet to a point; 30. 260° 18' 30" 148.31 feet to a point; 31. 253° 43' 47.09 feet to a point; 32. 243° 21' 30" 89.60 feet to a point; 33. 263° 53' 30" 70.49 feet to a point; 34. 254° 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241° 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point; 40. 216° 24' 30" 55.73 feet to a point; 41. 238° 55' 30" 27.24 feet to a point; -12- 42. 255° 23' 30" 29.74 feet to a point; 43. 271° 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271° 04' 85.71 feet to a point; 47. 277° 42' 30" 71.32 feet to a point; 48. 269° 46' 21.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pacel 3 as shown on Exhibit "A") The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78° 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: -13- 3. 203° 12' 488.09 feet to a point; Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth and distance being: 4. 172° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell, and Grant 1576 to Lohi on a curve to the right with a radius of 1,13 0.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 8. 183° 07' 311.35 feet to a point; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to Ialua to a point; Thence, following along the remainders of Grant 1464 to Ialua and Grant 1175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 411.07 feet to a point; 11. 203° 03' 162.63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to Kamakahiona on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 12. 186° 42' 30" 362.96 feet to a point; -14- 13. 170° 22' 60.05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five (5) courses following along the remainder of Grant 1176 to Kini: 15. 202° 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 16. 157° 02' 42.43 feet to a point; 17. 112° 02' 85.32 feet to a point; Thence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 18. 97° 14' 329.53 feet to a point; 19. 82° 26' 397.26 feet to a point; Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 20. 118° 34' 831.43 feet to a point; 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; -15- Thence, for the next three (3) courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244° 12' 628.00 feet to a point; 26. 330° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona to a point; 30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old railroad: 31. 353° 25' 54.23 feet to a point; 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa to a point; Thence, for the next six (6) courses following along the remainder of Grant 1175 to Nakauwaa: 36. 350° 55' 30" 47.80 feet to a point; -16- 37. 260° 45' 8.34 feet to a point; Thence, for the next four(4) courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. 1° 03' 30" 50.75 feet to a point; 40. 4° 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four(4) courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to H. N. Greenwell to a point; Thence, for the next twenty-six (26) courses following along the remainder of Grant 787 to H. N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten (10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340° 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342° 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332° 23' 82.87 feet to a point; 53. 324° 00' 11.13 feet to a point; 54. 332° 36' 30" 113.50 feet to a point; -17- 55. 347° 43' 24.68 feet to a point; Thence, for the next four (4) courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 344° 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6) courses following along middle of stonewall: 61. 341° 48' 30" 54.25 feet to a point; 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 111.89 feet to a point; 65. 325° 21' 106.90 feet to a point; 66. 62° 18' 30" 29.22 feet to a point; Thence, for the next three (3) courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337° 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: 71. 338° 26' 168.87 feet to a point; 72. 337° 34' 153.12 feet to a point; -18- 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit ""A".) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof(herein after referred to as "subject property"). SECTION 3. 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; (B) The effective date of the rezoning shall be upon: (1) the execution of an agreement, between the applicant, Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty (180) days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within four (4) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five (5) years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, -19- Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (H) A final comprehensive public access plan. to be developed in consultation with community groups. shall be submitted to and approved by the Planning Director prior -20- to final subdivision approvaLor any land alteration activity, whichever comes first. The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline acce es arking area sl. signage, emerenc res•ons- onsiderations restrictions .n us- i. an aro ision • recreational and restroom facilities at appropriate locations, and related improvements [The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No. 345 issued to the applicant on November 5, 1993]; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e.g., Conservation District Use Approval, Special Management Area Use Permit, etc.); provided, further, that the applicant shall be responsible to comply with the following terms and conditions: [(1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345, subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources, prior to Final Subdivision Approval, or any land alteration activity, whichever comes first;] W[(2)] An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; [(3) No more than a total land area of twelve (12) acres shall be permitted to be constructed, operated and maintained as part of the applicant's golf course, approved as Use Permit No. 115, and included within the coastline park or the existing conservation district lands;] u[(4)] [A] Upon onening_the first phase of the park area, a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant's adjacent lands at the -21- principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike. The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and (3)[(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s) to interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (I) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of[the] its privately owned coastline park and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised Statutes,] will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the] coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264, Hawaii Revised Statutes; (J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; -22- (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass [road as shown in Exhibit "C",] between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion] of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit "C",] in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki'i_Street shall be completed and available -23- for public use prior to the occupancy of any dwelling unit within the entire project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] (4) [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. [A] If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki'i Street, a barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements, [prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion [the Phase 1 section ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and (5)[(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property, [the Alii Highway, and southern extensions there from;] and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and] standards set forth by the Department of Public Works for Alii i•hwa with such modification as • a be deemed nec- sa . _ I e.artment o Public Works. The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings. , as required by the chief engineer, to -24- reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C", meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road, meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;] -25- (M)[(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] County of Hawaii; (N)[O)] To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (OA[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; [(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; [(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable, foliage, and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: -26- (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; ([(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot; provided that this shall not preclude the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; (R)[(T)] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size 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 -27- any combination thereof shall have a maximum combined value of$ 4,701,205.74. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ] The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation,fire,.police, solid waste disposal facilities, andioads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shaft be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution for each lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of buil ing sites as determined by the zoning of such lot. 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$7,239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to 400 lots, the indicated total fair shar- ontri. tion '1 8'_ 664.00 how-ver th- otal amount h.11 b- in r-..sed o_ reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. The fair share contri.utio hall .--. allocated a f.llows: (1) $3.490.85 per lot, for an indicated total of$1,396.340.00 to the County to support park and recreational improvements and facilities-, -28- $168.40 per lot. for an indicated total of$67360.00 to the County to support police facilities; (3) $332.61 per lot.far an indicated total of$133,044.00 to the County to support fire facilities; (4) $145.62 per lot, for an indicated total of$58,248.00 to the County to support solid waste facilities; (5) $3.101.68 per lot, for an indicated total of$1.240,672.00 to the State or County to support road and traffic improvements. The fair share contributions 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 p.ying the fair share contribution, the applicant may construct improvements/facilities related to parks and recreation. fire,police, solid waste disposal facilities, and roads within the region impacted by the proposed development. subject to the approval of the planning. director. The cost of constructing the improvements required in Conditions H. K and L shall be credited against the sum specified in Condition R(1) for parks and recreation. Condition R(4) for solid waste facilities, and in Condition R(5) for road and traffic improvements. For purposes of administering Conditio _E., the value of land contributed or the cost of any improvements required or main lieu of the fair share contribution shall be such amo__. t . a.. •ved '1. __ in Director upon consultation with the appropriate agencies, [(U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject property; ] (S)[(T)] In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; -29- (T)[(W)] Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; (U)[(X)] 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; (V)[(Y)] 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, (W)[(Z)] 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 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 -30- (5) should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF H lid Al! Hilo, Hawaii Date of Introduction: December 15 , 1995 Date of 1st Reading: December 15 , 1995 Date of 2nd Reading: January 3 , 1996 Effective Date: January 15 , 1996 A" ROVED as to P-.14,11 and)! F'" GAUTY /LIG.,._.1.7,...,..4 j—_-_-- DE COR �!'PORATION COUNSEL COUNTY OF HAWAII Date //d .�m ..__w..._...u_« -31- ii r t:i lJ i =_ 's . It ii!!1 - : 1;102 11 ;ssl :}, i ° i i tH :Y is i 1, I31tiat..air i5agt. iIIn t! Hi i ; iii ; € ; '7zsii - R'I ' : r 1 i..• : 1r .,1 ars : - !J2 1 f! r ; t ! Zr.; t i i s 1 0 i s j 3 !` t . it .\‘' •. . , Eve I / t I ll , � s • •r.•cmpm '� •••;'' 11, •• mit •• ®.. • 9s •. ., Wit f III t 1 1 t t 1 t t 11 mor • ', 11 Is r f iT n • ----1: r I !`` is It� , ' 11111 WI ,e • ....., £ C ft rrtlt t!, ____________._ ...-- -- - — __._.1 lir .tip 1 • .. ,1 , ..., ..., ....... 141. .i meg .0 arra i .'r •se la,ro•� .1 n 7 \.I w ).. ... .. • • e•eo ro.4 .ems.. �.. f e Man F „0 Vie'* ...;,.• ••11c;„1 ��` .se ! 1:Si,:ft-;::' ..'6 LU • ' / Hoer s :..U ;1 . s r • x .7./_' 0 X Ce n. 1i1 s U - —..., -- s •• ,mom ma y ..,.. _ .......A\ '.�°" J 1cog i Ij�•� 1f� �1gi/�1 .. JM \4 }I1t :•:/:••• • e:m,•• � �•... -yl ee. " . r{. :�Y g I J \ tJ • • ;/• 1\ I"0;0.1: Ileo:/irlr: sa• moi:�. f • A:•• u/1•bl'i .r•/ • / , .�" -- d \/ _ 1 IIIj as I I f1 A"..� N i6 .1 I n;.', -1-1 ,.........---•-'-'''''... .�� / r • 8 _ -. .:.. tee. ! i - j i r • , • ' ,1 ` .J I b .K •. yi.R t1 •.."..........t �. is •''a /' J r •I=i i 2.., % Jet •=:. 1 i ,t re*1�L x/•••�..n I { 11 1 a..q -. �--ems '� n -r ft f • .4...r ..... I • ,� "'M: i •..•...P.. .00 i Ata.vo'H•N •.' b'b^. / . ! K ►1' /eve •.el 1 a ':e oo 61 Pigeon,2 l II16 q ' J�. A �i%1®Wi`Iiai j E 1 .bb.aJ• •• .. .4* .0..7,: ~ ` y IA y tai`t`yf bit roma• r.;t; J �� �� ��o°e II/j `1x1°1/!!Rj I ; ` / 1 .wm C • 1.4 ` f L ��;���.• :� ' — mi Id )- IIS--=, s \ _ , •-, . i,r , .,�,,`x„,,,, ' ;- C \, l Y ) ; i ce :"f .),,.. ti- ° _® _ _,- •'' ). J �' /,,,?, ,,,. I( . ) •1 I. '41: ' 6 a `�{•'•u ., /-�1g:� vi ;. ° rpt, ,_!•J l ( \ f5. 1/4i, -• ' .`‘.7— • --,' ) .--' ,- ' Ci l'•\'„ II ',- i r.../P' .4/'., 0, .--...ere- ,-,.. /1- t.„414,' '';‘.3'. X —I ) %I s! D 1f•i�i(/I,,-{-I-; II { 4�AI`;�r _ ylv Milifitalk �Y r' 99`g i� ,,-.,..\ .'tr • ' ,�, J1 �-I"k; CO 11 ) ' \15,',7_,..,..„, „..t. , twritw,),-,., .,,,,ii 0„,)5.,1:ti:e5,4,11,40:,,,ril t., -,i,1;ri .7, ,,e,r' 0 %(/1 rh ))))1 ijri-ei. ',2,/,' , ).11 '''.‘*‘‘‘ 1 , 'el/ tZZWIr,,:ft es:, , p:,.!%-i-ii_oike,f- --4:74T - , 4.. et 111`.p, i--?-,1) „,.41=1,_• ', j, p_1 ,, wp.,- lavtiroc...-4,/,,,— j i ` f'- F tr . c• 3 '� S, :-tr : ter, , F€ .2 . ate! N a ,per, • . i •f ill-t..V..- •Irt '• (-0 1 \ ''''"4,.. - -. ! FT � f `.+, /��; `� B,.�a � -it i J '�• M•LST@ •'y :F� '.,4 , � 9 ;`_ .,"•••••, - ,, • s 1.• i /L , �i rM i713�� '�I o `n �, aoga� f / r T" I•; Y, ./[j� 1. _ • 1 r , �. ,b i. aedboa $,I //V`,RAO 1 (t•4�_ �, I • .�! i �„esY [..ry.(F � �, ns¢ 4 � -p f-'((-)0,1•1\\i'• �^.�. ,/. :' ' ,.. $gyp --- f ;4'%•••', { 1 7'2-i • ,' \ 1 /• \ ••/i l�i dei ",.44'0 r'7 '. ` '�f �/ Agoglfr 1 i slr��c' 1� !-- � ,\ .7.; ., ,,,,,..1 .---;--.i . .1.),,,,..,H.L.....;......,7.11.. 7,.,,!..,....;4gszttilreis,i0•4\,...2..._.Ai .:-.1 /...,..,f ..... ......,., ,,,,x.,\,- _. - ..,.. 41 .. , : :. •`j ' '+ Ii / r -F... r"�` ., EAS \ , e 1 tt ' I r - - ' 1 •'r l .�, f f Mgr � _ O '� .. ,12„ . „...... II ix ,f . .,. 1 - to, ).„ _ ) ; ,. . . , ,Nti - �r f --t- �Qf _ gFA° , , _ �, - - yr .� tcf,v sic 1 � \ ; gig ,;f •- • III 0• 1• Y/ `1 w I S •� it 1 �'3l :•5i 7 o f / \\ [ , I • • 1 w �l • • /� l • • ;I {�, ' ,It�t\��t 'r4(// <1.,\,,,,,',ry `I ( j • / di ' t ::,d e ir) I 1:!{j; • ,� fv � .. ...‘,.t � \)%\•-•...,„••,.„v 1,f�' • '�'�gni y� n tf��' y r,01: - _�_� 04,2,.. ,\.:• vT'^. "\ i,1;/, /��l,, ,.. L/ I , I••/' %.a• rt�!• \' ` '';�: ! �' r` {`,• ,�. • -,.;•••••. , t��� jl'I,\�lr r/ P,+...j Ij �.� • -t7�.J` 1i: S. ). , j \,,aa .~� /] I,,i 1 ti t k� s=� `. '.f 1 t7 ,rr) r-� / ()S flit'� . s:. .,+•,1\\'\11 .x„ /I ,.Y/i1 pry'$n.y4,?T` - ' • �Z•u.' �. 1�t (/ v f- -,•••i 1 ))(11 g 71 7�,,) Z� ("�.,.,�, l' I LI - 7 . .7 . „s.� • It, : ,..4 ,... . ..... .5„ ir, 4. . .,.. -!/, ,,,, . g# !P i ,/t .i ii L,,4c, / _. � c�/,1/4,,.._1,...: ,v , J �� I / (wtr�5' • •y !� f * • .,,,x .„,,,. ~1t,W l� " _ ,.• • 1,71 r? \ .(•. _�yy '�,��, r �. _ ! t a • ; _1 . 4.3se• I ® d0 j.:_i , �/ :; t rt f ' �: '! $'1' Y' O 'per in - ,.... t :;,%),,,..1.-•\.,,. =.1.> _ ' t:u{a %^-L`"? •''....«::': i N . rw‘... ,c1.,-- -,i.....).- /•••„. \" ilt. • •1, / f /I .•::::::: '7 N 43) ' i: I ; }. 1 ��i.•f•�gsnlN r�) 7 \ •:�-11:, :e s- `` -.f- A-... •N 1 fi r _ •1` \j '(..i.. :Z.-..*:,Y�'.. ...ii•14 -}•ti.'r•'" ' 1 , 1 , 1 r f ":� en 1, 1. , / H 7 uN p rl;it W '• r. Y r,. ji �� . It a 1 •••• , , rm.i.,> :;�, a n� �t i • �o. ;~ �� -1-,,,,-.....___.'..� 7nmo: EKE'J.))1t����1(CS(• „,,,,,,,,„,,„4 ,••••,,,,,,,e.:4,....:.„4.•,/, ,' f ' 'V. '1\' 1`\\ \\\ r,.\ ? /.r.1/ �WI'A > d t. ., 7, 1k1 it41`21'''l V.1$63•'Z\ >J �` ~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Haawaii R r Li ( Dif141)16 Pill 7 57 rFICE r•,:ROLLCAI�t 'E nry COUNT T' OAYIEEgW AINOES ABS EX Introduced By: Takashi Domingo Araikaki X Date Introduced: December 15, 1995 Bonk-Abramson X First Reading: December 15, 1995 X Published: N/A De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 ( DRAFT 6 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996 Returned: January 16 , 1996 Arakala X Effective: January 15 , 1996 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. //II/ COUNCIL CHAIRMAN .01 7/ COUNTY CLERK Approved airrgirruved this _ day of /j1 199'4' . OF LiLt s? - - - - 181 (Draft 6 ) • OR,COUNTY • '' All BiI1 No.: Reference: C-821/PC-91 Ord.No.: 96 Development Agreement between County of Hawaii and 1250 Oceanside Partners. 1 i \, 1250 Oceanside Partners 74-5620 A Palani Road Suite 200 Kailua-Kona,Hawaii 96740 A00459 Exhibit "2" Development Agreement Table of Contents Recitals 2 Agreement 38 Definitions 6 Headings 38 Effective Date 14 Administrative Act 38 Affected Land 14 Binding Effect 38 Permitted Uses 14 Entities Obligated 38 Density of Use 15 Partial Release 39 Maximum Height 15 Compliance Certificate 39 Maximum Size 15 Satisfaction 39 Benefits 15 Final Release 39 Acquisition 15 Administration of Agreement 40 Condemnation 16 Recordation 40 Donation 18 Counterparts 40 Bypass Construction 19 Facsimile Documents 40 Dedication of Bypass 21 Notices 40 Reimbursements 22 Public Dedication 41 Roadway Stub-outs 25 Public Access Plan 26 Coastline Park 26 Guest Houses 29 General Development 29 Subsequent Changes 30 Necessary Approvals 30 1.1 Conformance 31 Annual Review 31 Material Breach 31 [ Time Extension 33 Amendment 34 Discretion to Encumber 34 Obligation to Modify 34 Written Notice 35 Cooperation 35 Assignment 35 Enforcement 36 Waiver 36 Gender 36 Parties 36 Partnership 37 Applicable Law 37 Force Majeure 37 Good Faith 38 Computation of Periods 38 Severability 38 1 Development Agreement [ 1 A00461 Ii LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY MAIL (X) PICK UP ( ) l_ . To: BENJAMIN A. KUDO Dwyer Imanaka Schraff Kudo Meyer & Fujimoto 900 Fort Street Mall Suite 1800 Honolulu, HI 96813 TMK Nos: (3) 7-9-12: 03 (3) 7-9-12: 04 (3) 7-9-12: 11 (3) 8-1-04: 03 (portion) DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT"), made this day of 1998, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii, acting through its mayor ("COUNTY"), and 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, dba OCEANSIDE 1250, whose principal place of A00 462 business and mailing address is 74-5620A Palani Road, Suite 200, Kailua-Kona, Hawaii 96740 ("OCEANSIDE"). RECITALS: A. These Recitals refer to and utilize certain capitalized terms which are defined in Paragraph (2), herein. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Hawaii State Legislature, under Development Agreement Statute section 46-123, granted authorization to the COUNTY to enact an ordinance authorizing the executive branch of the COUNTY to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property; C. The County Council enacted Ordinance No. 93-37 pursuant to Development Agreement Statute sedtion 46-123, which ordinance was passed into law on April 27, 1993. D. Pursuant to the Development Agreement Statute and the Development Agreement Code, the COUNTY adopted rules governing Development Agreements on May 16, 1995. E. The Development Agreement Code and the Development Agreement rules establish the procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in property. F. OCEANSIDE is the owner in fee simple of a portion of the Property, and Lessee of the remainder of the Property. A map describing that portion of the Property owned by OCEANSIDE in fee simple and that portion that is leased is attached hereto and identified as Exhibit "A". A 00463 ( 2 G. OCEANSIDE or its related entity, affiliate or subsidiary plans to develop the Project on the Property. H. The Project will require a major investment by OCEANSIDE, for example, in public facilities and on- and off-site improvements, to make the Project feasible. I. The Project was reviewed and planned according to the Land Use Regulations. J. OCEANSIDE has applied for and the COUNTY has granted a number of Approvals for the Project. K. As part of OCEANSIDE's applications for Approvals from the COUNTY: 1. The COUNTY has examined the Project's impacts on vehicular traffic conditions, and has determined that construction of the Bypass Highway will not only offset traffic impacts caused by the Project, it will also provide a public purpose by improving existing traffic conditions in the region. 2. The COUNTY has determined that the construction and development of a Coastline Park will be an asset to the COUNTY and the public by providing coastal recreational opportunities, preserving open space and archaeological sites within the Project, as well as meeting the Project's park requirements pursuant to Ordinance No. 96-7, Ordinance No. 96-8 and Special Management Area ("SMA") Permit No. 345. L. The COUNTY has concluded that development of the Project will provide many public benefits to the COUNTY through the zoning, the SMA conditions of approval, and the imposition of on- and off-site development requirements pursuant to the terms and conditions of this Agreement, including, without limitation, additional tax revenues resulting in fiscal benefits to the COUNTY, financing and/or installation and construction of infrastructure and the creation of job opportunities in and through the construction, development and use of the A00464 3 Project. OCEANSIDE shall not be obligated to adhere to and perform the terms and conditions of this Development Agreement ("Agreement") until it has commenced construction of the Project and provided that any zoning approvals and permits that OCEANSIDE has received have not been challenged and overturned by or that such challenges are not pending resolution before a court of law or a comparable federal, state or county administrative body. For purposes of this paragraph, "commenced construction" shall mean that OCEANSIDE has been awarded final subdivision approval and has received all necessary construction permits for the Project. M. Pursuant to Sec. 46-121, HRS, Hawaii County Chapter Cha ter 30 and Hawaii County's Rule 1, relating to Development Agreements, the COUNTY and OCEANSIDE have It entered into this Agreement. This Agreement will: (I) provide for the parameters within which the obligations of OCEANSIDE for public and other improvements will be met; (ii) jprovide assurances to OCEANSIDE that the project will not be restricted or prohibited by the subsequent enactment or adoption of more restrictive Land Use Regulations, including but not limited to changes in zoning classifications or revocation of OCEANSIDE's Approvals, except when, with the agreement of OCEANSIDE, it becomes necessary to preserve the public health, safety and welfare; and (iii) provide appropriate assurances to OCEANSIDE that it may complete the development and construction of the Project in accordance with all Land Use Regulations and Approvals applicable to the Project on the date of this Agreement, subject to OCEANSIDE's adherence to and performance of all material terms and conditions of this Agreement. N. Use of this Agreement will reduce or eliminate the uncertainty in the Project planning and development approval process, which in turn, would encourage the efficient A00465 4 utilization of resources and minimize the economic cost to the public; allow for the orderly planning of public facilities and services; and otherwise achieve the purposes and objectives for which the Development Agreement Statute and the Development Agreement Code were enacted. This Agreement clarifies the Land Use Regulations and Approvals, which in turn provide for the overall design, construction and development of the Project and all on-site and off-site improvements and appurtenances associated therewith, in the manner specified in this Agreement, including, without limitation, the design, construction and development of projects to provide benefits to the region and the COUNTY such as the Bypass Highway and the Coastline Park as set forth herein. O. OCEANSIDE submitted an Application to the Office of the Mayor on , 1998 pursuant to Development Agreement Code section 5. P. On , 1998, pursuant to Development Agreement jCode section 5(a) and Development Agreement Statute section 46-128, the County Council held a Public Hearing on the draft of this Agreement. Q. On , 1998, pursuant to Development Agreement Code sections 5(d) and 5(e) and Development Agreement Statute section 46-129, after review and comment by appropriate governmental agencies of the draft of this Agreement, and consideration of all evidence presented and heard at the Public Hearing pursuant to the Development Agreement Code, the g t e County Council found and determined that this Agreement complies and is in accordance with the County General Plan, as amended, and any applicable community development plans adopted by the County Council as of the date of the Enacting Resolution. In connection with said findings, the County Council passed the Enacting Resolution approving this Agreement for execution by the Mayor. A 0 Q 4 6 6 5 Now, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, the Development Agreement Code, and the Development Agreement Rules, and in consideration of the mutual covenants and agreements set forth herein, the COUNTY and OCEANSIDE mutually agree as follows: 1. REcrr u s. The recitals hereinabove are incorporated herein by this reference and made a part of this Agreement as though set forth in full herein. 2. DEFINITIONS. Whenever used in this Agreement, the terms defined below shall have the following meaning: : a. AGREEMENT. "Agreement" shall mean this Development Agreement entered into by the COUNTY and OCEANSIDE, approved by the County Council through the Enacting Resolution, and executed by the Mayor on behalf of COUNTY. [ b. APPLICATION. "Application" shall mean the application for this Agreement submitted by OCEANSIDE to the Planning Department. c. APPRAISER. "Appraiser" shall mean any unbiased appraiser, licensed and certified in the State of Hawaii and appointed as provided herein. d. APPROVALS. "Approvals" shall mean any and all permits or approvals which have been or will be received by OCEANSIDE for the Project from the COUNTY, the State, or any other governmental or quasi-governmental agency pursuant to any Land Use Regulations as of the date of this Agreement, including, without limitation: (1) Change of Zone Approval (REZ 93-5), accepted by the County Council on June 15, 1994 as Bill 182, Draft 6 and signed into law by the Mayor on June 28, 1994 as Ordinance No. 94-73, attached hereto as Exhibit "S"; and amended and superseded by A 00467 6 Bill 181, Draft 6 accepted by the County Council on January 3, 1996, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-8 attached hereto as Exhibit "B" and incorporated herein by this reference. (2) Change of Zone Approval (REZ 95-12) accepted by the County Council on January 3, 1996 as Bill 158, Draft 5, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-7 attached hereto as Exhibit "C" and incorporated herein by this reference. (3) Special Management Area Use Permit Approval (SMA 93-1) granted by the Planning Commission on November 5, 1993 (SMA Permit No. 345) attached hereto as Exhibit "D" and incorporated herein by this reference. (4) Use Permit Approval (USE 93-2) grantedPlanning by the Commission on November 5, 1993 (Use Permit No. 115) attached hereto as Exhibit "E" and incorporated herein by this reference. (5) Special Management Area Use Permit Approval (SMA 95-3) granted by the Planning Commission on September 28, 1995 (SMA Permit No. 356) attached hereto as Exhibit "F" and incorporated herein by this reference. (6) Change of Zone Approval passed by the County Council on March 7, 1997 and signed into law by the Mayor on March 13, 1997 as Ordinance 97-36 attached hereto as Exhibit " G incorporated herein by this reference. e. Boren. "Bond" shall mean a performance bond, cash bond, surety company bond, personal surety bond, or other financial assurance obtained or caused to be obtained by OCEANSIDE. Such bond shall be good for no more than five (5) years from the A00463 � . 7 date the bond is issued, unless otherwise extended by the mutual agreement of the Director of the COUNTY Department of Public Works and OCEANSIDE in writing. f. BYPASS HIGHWAY. "Bypass Highway" shall mean that bypass highway between the approximate vicinity of Keauhou and Captain Cook, consisting of two (2) lanes with a sufficient Right-of-Way for a total of four (4) lanes required in part to satisfy the conditions of Approvals and to alleviate traffic congestion on the Mamalahoa Highway that has II� existed for many years. This Bypass Highway is also referred to as the "Mamalahoa Highway Bypass" under Ordinance Nos. 96-7, 96-8 and 97-36 attached hereto as Exhibits "C", "B" and "0", respectively. Further detail and description of the Bypass Highway is attached hereto as Exhibit "H" and incorporated herein by this reference. g. COASTLINE PARK. "Coastline Park" shall mean that coastline park required bythe COUNTY to be established under Conditions 8 and 10 of SMA Permit No. e9 [ 345, Condition H of Ordinance No. 96-8, and Condition K of Ordinance No. 96-7, and ( subject to the terms and conditions as set forth in this Agreement. h. COUNTY. "COUNTY" shall mean the County of Hawaii, municipal orporation, and where applicable, the appropriate departments and agencies but does not iclude the County Council. I. COUNTY COUNCIL. "County Council" shall mean the County of Hawaii unty Council. j.. DEVELOPER. "Developer" shall mean a person, corporation, inization, partnership, association, or other legal entity constructing, erecting, enlarging, ing, or engaging in any development activity. A00469 8 k. DEVELOPMENT AGREEMENT CODE. "Development Agreement Code" shall mean Ordinance No. 93-37, which ordinance was passed into law on April 27, 1993 (now HCC chapter 30). 1. DEVELOPMENT AGREEMENT RULES. "Development Agreement Rules" shall mean County of Hawaii Office of the Mayor Rule 1 regarding Development Agreements, approved by the Mayor on May 16, 1995 and filed in the Office of the County Clerk on May 18, 1995. m. DEVELOPMENT AGREEMENT STATUTE. "Development Agreement Statute" shall mean HRS sections 46-121 through 46-132. n. DIRECTOR. "Director" shall mean the Director of the Planning Department of the County of Hawaii. o. ENACTING RESOLUTION. "Enacting Resolution" shall mean Resolution No. approving this Agreement, adopted by the County Council on , 1998, a copy of which is attached hereto as Exhibit "I" and incorporated herein by this reference. p. EXACTION. "Exaction" shall mean any and all exactions; fair share contributions, impact or in-lieu fees or payments; dedication or reservation requirements; obligations for on- or off-site improvements or construction requirements for public facilities or infrastructure; or services called for in connection with the development or construction of the Project pursuant to the Land Use Regulations and Approvals. q. GOVERNMENTAL ENTITY OR AGENCY. "Governmental entity or agency" shall mean and include, without limitation, the legislative, administrative and executive branches of the local, state and federal governments. A004 9 r. HCC. "HCC" shall mean Hawaii County Code, as amended. s. HRS. "HRS" shall mean Hawaii Revised Statutes, as amended. t. IMPACT FEE ORDINANCE. "Impact Fee Ordinance" shall mean a Unified Impact Fees Ordinance or similar ordinance setting forth criteria for the imposition of the exactions or the assessment of impact fees. u. LAND USE REGULATIONS. "Land Use Regulations" shall mean any and all State and County laws, ordinances, resolutions, rules and policies governing the permitted uses of the Property, including, without limitation, uses, density, design, height, size and building specifications of proposed buildings; construction standards and specifications for roads and utilities, roadway improvements; affordable housing; community benefit assessments; water utilization and all exaction requirements applicable to the development of the Property; made applicable and in force as of the date of this Agreement. v. LAND OWNER. "Land Owner" shall mean the equitable or legal holder of interest in real property or the lessee holding under a recorded lease. L ,. W. LAWS. "Laws" shall mean the laws of the State, the Constitution of the United States, the Constitution of the State, any federal, state or local codes, statutes, or executive mandates in any court decision, ordinances, or charter provisions or administrative rules and regulations of any applicable governmental entity or agency. X. LENDER. "Lender" shall mean any financial institution or entity providing funds for the Project, including but not limited to banks, savings and loans, investors and partners. y. MAYOR. "Mayor" shall mean the Mayor of the COUNTY. A00471 10 z. OFFICE OF THE MAYOR. "Office of the Mayor" shall mean the Mayor of the COUNTY and the managing director. aa. OCEANSIDE. "OCEANSIDE" shall mean 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, dba OCEANSIDE 1250, whose principal place of business and mailing address is 74-5620A Palani Road, Suite 200, Kailua-Kona, Hawaii 96740, its successors and assigns. ab. PERSON. "Person" shall mean any individual, group, partnership, firm, association, corporation, trust, governmental official, administrative body, tribunal or any form of business or legal entity. ac. PLANNING COMMISSION. "Planning Commission" shall mean the Planning Commission of the COUNTY. ad. PLANNING DEPARTMENT. "Planning Department" shall mean the Planning Department of the COUNTY. ae. PROJECT. "Project" shall mean that agricultural lot community and its various components, also including but not limited to the lodge, golf course, golf clubhouse, and the coastline park, and more fully described and shown in Exhibit "J" attached hereto and incorporated herein by reference. Project shall not include the Bypass Highway. af. PROPERTY. "Property" shall mean any and all conservation lands and areas which are the lands under the Change of Zone Approvals: (1) accepted by the County Council on June 15, 1994 as Bill 182, Draft 6, signed into law by the Mayor on June 28, 1994 as Ordinance No. 94-73 attached hereto as Exhibit "S", and amended and superseded by Bill 181, Draft 6, accepted by the County Council on January 3, 1996, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-8 attached hereto as Exhibit "B"; and (2) A00472 11 accepted by the County Council on January 3, 1996 as Bill 158, Draft 5, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-7 attached hereto as Exhibit "C"; that is, those lands which include the 711.2 acres of land (more or less) located on and in the Island and County of Hawaii, identified as Tax Map Key No. 7-9-12: 03, and the 580.63 acres of land (more or less) located on and in the Island and County of Hawaii and identified as Tax Map Key No. 8-1-04: 03 (portion), both of which OCEANSIDE owns in fee simple; and 260.8 acres of land (more or less) located on and in the Island and County of Hawaii, identified as Tax Map Key Nos. 7-9-12: 04 and 7-9-12: 11, and more fully described and shown in Exhibit "K" attached hereto and incorporated herein by this reference, which OCEANSIDE leases from Ackerman Ranch under the development lease dated July 28, 1989, a short form of which is attached hereto as Exhibit "L", and incorporated herein by this reference. ag. PUBLIC ACCESS PLAN. "Public Access Plan", also known as the "Public Shoreline Access Plan", shall mean that plan, developed in consultation with community groups and submitted to and to be approved by the Director, as required by the COUNTY pursuant to Condition 8 of SMA Permit No. 345, Condition H of Ordinance No. 96-8, and Condition K of Ordinance No. 96-7, and subject to the terms and conditions as set forth in this Agreement. ah. PUBLIC HEARING. "Public Hearing" shall mean the public hearing held for purposes of receiving public comments regarding the draft of this Agreement as required pursuant to Rule 1-6(d) of the Development Agreement Rules. ai. RIGHT-OF-WAY. "Right-of-Way" shall mean the route required for construction of the Bypass Highway. 1\ 00473 12 aj. SEGMENT(s). "Segment(s)" shall mean that portion of Right(s)-of-Way falling within a parcel or parcels of land owned by Seller(s). ak. SMALL-LOT SUBDIVISION. "Small-lot Subdivision" shall mean the subdivision by OCEANSIDE of the Property into lots less than twenty (20) acres in size. al. STATE. "State" shall mean the State of Hawaii. am. TERM. "Term" shall mean the term of this Agreement as determined in Paragraph (3), herein. an. UNrr OF CREW. "Unit of Credit" shall mean the present value of past or future payments or contributions, including, but not limited to the dedication of land or construction of roadway improvements toward the cost of existing or future public facility capital improvements being issued in lieu of payment for Segment(s) of the Right-of-Way. One (1) Unit of Credit shall be issued for each $3,101.68 value of land contributed toward the Bypass [ Highway. The value of the unit of credit shall be equivalent to the amount of roadway fair share contribution or road impact fee required to be paid for each dwelling or lodge unit at the time of redemption. The recipient of a Unit of Credit may redeem the Unit of Credit toward any roadway fair share contribution or toward any roadway impact fee should the COUNTY adopt such an impact fee ordinance. ao. ZONING CODE. "Zoning Code" shall mean HCC chapter 25 as it exists as of the date of this Agreement. ap. OTHER DE1 iNmONs. Unless otherwise provided herein, other words and terms shall have the meaning set forth in the Zoning Code. To the extent that the definitions in the Zoning Code conflict with the definitions contained in this Agreement, the definitions in this L - Agreement shall be controlling. A00474 13 3. EFFECTIVE DATE; TERM. The Term of this Agreement shall commence on the effective date of the Enacting Resolution and shall terminate on [MONTH, DAY, YEAR1, [ [30 years from date of Enacting Resolution] unless sooner terminated: a. By agreement of the parties to this Agreement that the parties have satisfied all of the terms and conditions of this Agreement, as further evidenced by a resolution of the County Council pursuant to Paragraph (50), herein; provided that, OCEANSIDE has been reimbursed for the construction costs it incurred for the Bypass Highway pursuant to Paragraph (15); b. As a result of a material breach of OCEANSIDE pursuant to Paragraph (25), herein; or c. By cancellation of this Agreement pursuant to Paragraph (27), herein; or unless subsequently extended by mutual agreement of the COUNTY and OCEANSIDE; or d. By reimbursement of construction costs for the Bypass Highway paid to J {{ OCEANSIDE pursuant to Paragraph (15), herein; provided, however, that the parties to this Agreement have agreed that both parties have satisfied all of the terms and conditions of this Agreement as further evidenced by a resolution of the County Council pursuant to Paragraph (48), herein. 4. AFFECTED LAND. The Property that is the land subject to this Agreement and the Right-of-Way for the Bypass Highway. L-- 5. PERMrFrED USES OF THE PROPERTY. Permitted uses of the Property shall be all uses permitted under the Land Use Regulations and Approvals, including, without limitation, the permitted uses in Chapter 205, HRS, the Zoning Code section 25-5-72, and all supplemental uses allowed under Zoning Code sections 25-4-1 through 25-4-14. A 00475 14 6. DENSITY OF USE. With the exception of that use described under Zoning Code section 25-4-9, one (1) dwelling unit per building site is permitted on the Property pursuant to Zoning Code section 25-5-72(a)(9). 7. MAXIMUM HEIGHT OF PROPOSED BUILDINGS. The height of the buildings proposed for the Property shall be limited to the maximum height restrictions contained in the Zoning Code. 8. MAXIMUM SIZE OF PROPOSED BUILDINGS. The size of buildings proposed for the Property shall be limited tothe maximum size restrictions, if any, contained in the Zoning Code. 9. BENEFITS. The COUNTY acknowledges that OCEANSIDE is providing the benefits to the County and/or the Community. 10. ACQUISITION AND DEDICATION OF LAND FOR BYPASS HIGHWAY. a. The Bypass Highway has been determined by the COUNTY as providing a regional public purpose and will therefore benefit the COUNTY. OCEANSIDE shall be deemed to have satisfied the requirements of Condition M(2) of Ordinance 96-7 and Condition L(2) of Ordinance 96-8, if and when it has: (I) acquired all Segments of Right-of-way, or (ii) acquired one or more Segment(s) of Right-of-Way and the remaining Segments have been requested by OCEANSIDE for the COUNTY to condemn. b. OCEANSIDE shall attempt to negotiate a purchase price with any and all Sellers. Should OCEANSIDE and any Seller be unable to negotiate a mutually agreeable purchase price, then OCEANSIDE shall provide to Seller a list containing no less than three (3) and no more than five (5) qualified Appraisers to appraise the value of the Seller's Segment(s) of the Right-of-Way. From the list of Appraisers, the Seller shall select one (1) Appraiser to assess the value of the Segment(s). OCEANSIDE may offer to purchase the fee simple interest in the A00476 15 Segment(s) from Seller for a price at or near the appraisal value as determined by the Appraiser. Should OCEANSIDE and Seller be unable to select an Appraiser or if Seller & OCEANSIDE cannot decide on a price recommended by mutually selected Appraiser, then upon written request to the Mayor, the COUNTY shall be required to use its condemnation powers to acquire the Segment(s) from the Seller pursuant to Paragraph (11). c. Notwithstanding Paragraph (10.b), if Seller fails to participate in negotiations with OCEANSIDE for the purchase of Segment(s) of the Right-of-Way from Seller despite OCEANSIDE's good faith attempts to negotiate, then OCEANSIDE may, in its sole discretion, submit a letter to the Mayor to have the COUNTY utilize its condemnation powers. Upon receipt of the written request, the COUNTY shall be required to use its condemnation powers to acquire the Segment(s) from the Seller pursuant to Paragraph (11). 11. CONDEMNATION OF LAND FOR BYPASS HIGHWAY. Should Seller fail toartici to P Pa 1 in negotiations with OCEANSIDE over the purchase of Segment(s) of the Right-of-Way from Seller, or should OCEANSIDE and Seller be unable to agree, during their negotiations, to the purchase of the Segment(s) because of their failure to agree upon an Appraiser or on the purchase price of the Segment(s) or on the terms of the purchase, the condemnation powers of the ( COUNTY shall be required for the acquisition of the Segment(s). a. Upon OCEANSIDE's tender of a requirement of condemnation by letter to the COUNTY, the COUNTY shall within thirty (30) days begin to immediatelyand expeditiously P� Y exercise the same pursuant to HRS Chapter 101. OCEANSIDE's tender of such requirement of condemnation to the COUNTY shall constitute a "formal initiation of condemnation action" as the term is used in Condition L(2) of Ordinance 96-8 and Condition M(2) of Ordinance 96-7 and shall A00477 16 relieve OCEANSIDE of all further liability or obligation to purchase Segment(s) of the Right-of-Way directly from such Seller. b. The COUNTY shall submit to OCEANSIDE a written request for payment ( of any and all reasonable costs and expenses incurred by the COUNTY for the acquisition of the condemned land in conjunction with the COUNTY'S exercise of its condemnation powers when OCEANSIDE has determined in its sole and absolute discretion that there is a need for possession or in the event that a Court orders payment for the acquired land. Within forty-five (45) days of written notice from the COUNTY, OCEANSIDE shall reimburse the COUNTY for any and all reasonable costs and expenses incurred by the COUNTY for the acquisition of the condemned land in conjunction with the COUNTY's exercise of its condemnation powers. OCEANSIDE shall not be responsible to reimburse the COUNTY for any and all costs relating to the salary of County personnel and administration and overhead, including but not limited to independent contractors jand legal counsel, and any interest payments incurred by COUNTY as a result of COUNTY's failure to pay compensation to Seller within thirty (30) days of final judgment in the condemnation action. The written notice described herein from the COUNTY to OCEANSIDE shall contain a detailed verifiable accountingof anyand all such costs and expenses. Pe c. Notwithstanding Paragraph (11.b), OCEANSIDE shall not be obligated to reimburse the COUNTY for any costs it incurred for the condemned land if such costs exceed the appraised value of the Segment(s) of the Right(s)-of-Way as determined by an Appraiser selected by OCEANSIDE ("Appraised Value"). OCEANSIDE may waive this requirement if the COUNTY informs OCEANSIDE of the cost of the condemned land prior to having incurred such costs and provided that OCEANSIDE approved such cost in writing. The COUNTY agrees that OCEANSIDE shall have the discretion and the right to withhold the difference between the cost A00478 17 of the condemned land as determined by a court of law and the Appraised Value if OCEANSIDE's approval was not first received or for those services that OCEANSIDE deems unreasonable, unnecessary or excessive. In such a case, OCEANSIDE shall provide to the COUNTY a written notice of OCEANSIDE's objections within thirty (30) calendar days from the receipt of COUNTY's written request for payment. d. Should a dispute arise over the amount of monies owed by OCEANSIDE to the COUNTY, then both parties agree to first pursue settlement of the dispute by arbitration pursuant to HRS Chapter;658. OCEANSIDE shall submit to the COUNTY a list of arbitrators to hear the dispute. The COUNTY has ten (10) calendar days to select one (1) arbitrator from OCEANSIDE's list. If the COUNTY fails to select an arbitrator, then OCEANSIDE may select an arbitrator to hear the dispute. 12. DONATION OF RIGHT-OF-WAY. Notwithstanding anything herein to the contrary, should a person donate the Segment(s) of the Right-of-Way to OCEANSIDE for no consideration, the COUNTY shall: a. Grant the person who contribute their land towards the Bypass Highway 1 , units of credit which maybe used bytheperson to off-set future roadwayfair share assessment or impact fee requirements. Each unit of credit shall off-set the roadway fair share assessment or impact fee requirement for one (1) dwelling or lodge unit. The amount of credits shall be the total value of the Segment(s) for Right-of-Way o divided by the per lot fair share assessment or [ impact fee requirement to mitigate road impacts for each $3,101.68 value of land contributed. The total value of the Segment(s) for Right-of-Way shall be based on the appraised value of the Segment(s) at the time the person dedicates and/or donates the Segment(s) to OCEANSIDE as determined by the Appraiser selected using the procedures outlined in subparagraph (10.b). A00479 18 b. The COUNTY shall grant a density credit to Persons whose lands are donated for the Segment(s) of the Right-of-Way. The density credit is equal to the area of land that is utilized. The density credit shall be added to the Person's remaining property at the time the Person obtains land use approvals from the COUNTY. The density credit allows the Person to develop the total number of units that would be permitted under the applicable zoning at the time the Person obtains land use approvals as if the person had not contributed land for the Right- of-Way (( ' ' c. The COUNTY shall impose no additional fair share assessments or impact fee requirements on Persons whose lands have been donated and who develop their lands in conformance with existing zoning. ( 13. CONSTRUCTION OF THE BYPASS HIGHWAY. The Bypass Highway shall consist of two (2) lanes with sufficient Right-of-Way for a total of four (4) lanes. The Bypass Highway shall be constructed to standards set forth by the Department of Public Works with such modifications as may be deemed necessary by the Department of Public Works; provided, however, that the expansion of the Bypass Highway from two (2) to four (4) lanes shall not be the responsibility of OCEANSIDE. a. OCEANSIDE shall obtain final approval from the County Department of Public Works for any and all necessary construction plans for the Bypass Highway. OCEANSIDE shall construct the Bypass Highway to the standards set forth in ExhibitM" by the Department [ of Public Works for Alii Highway with such modifications as may be deemed necessary by the County Department of Public Works and by OCEANSIDE. As required by the chief engineer of the County Department of Public Works, OCEANSIDE shall provide a landscape buffer along A00460 19 highway sections where the highway is within five hundred (500) feet of dwellings existing as of January 1, 1998. b. Prior to the issuance of the first final Small-lot Subdivision approval for any portion of the Property, OCEANSIDE shall: (1) Post a bond in favor of the COUNTY to assure that the infrastructure improvements for the Bypass Highway and for the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection will be constructed; (2) Determine the final Right-of-Way for the alignment of the entire Bypass Highway, including the intersection areas. OCEANSIDE shall provide the Director with a metes and bounds description of each Segment of the Right-of-Way involved and evidence of ownership or control as deemed necessary by the Director. In lieu of OCEANSIDE obtaining or acquiring ownership or control of any segment of the Bypass Highway, the requirement shall be deemed fulfilled upon the COUNTY's formal initiation of condemnation action(s) pursuant to Paragraph (11) for such Segments. The COUNTY shall issue a letter attached as Exhibit "N" that acknowledges OCEANSIDE's satisfaction of the requirement to obtain or acquire ownership or control of the Right-of-Way for the entire length of the Bypass Highway, including those portions that the County has initiated condemnation proceedings and/or has ownership or control over, which removes the requirement from OCEANSIDE. (3) Provide a bond for relevant phases of the extension of Haleki'i Street, through the subject property as generally reflected in Exhibit "0", which phasing of improvements shall be approved by the COUNTY Department of Public Works. c. Prior to occupancy of any dwelling unit within the Property or prior to the issuance of an occupancy permit for the lodge, whichever occurs first, OCEANSIDE shall: A00481 20 (1) Complete construction of the roadway section from Keauhou to the makai extension of Haleki'i Street; and (2) Install a barricade or breakaway gate meeting with the requirements of the COUNTY Department of Public Works if, before the completion and opening of the entire Bypass Highway, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki'i Street; d. In any event from the time construction commences, the entire Bypass Highway shall be completed within five (5) years provided that those certain circumstances as articulated in Paragraph (39) do not exist. 14. DEDICATION OF BYPASS HIGHWAY. The Bypass Highway shall be dedicated to the COUNTY in phases, if any, upon completion and the COUNTY shall accept said dedication complies within sixty (60) calendar days; provided that the Bypass Highway, as constructed, co p es with plans and specifications for said highway as approved by the County. Following dedication of the ( Bypass Highway to the COUNTY, the COUNTY shall assume all responsibility and costs for operation, maintenance, repair or reconstruction of the Bypass Highway. 15. REIMBURSEMENT OF CONSTRUCTION COSTS FOR THE BYPASS HIGHWAY. a. Responsibility of Developer. OCEANSIDE shall be responsible for all costs associated with the design, land acquisition, construction of the Bypass Highway, including, without limitation, the costs associated with obtaining any necessary Approvals associated with the same ("Total Cost"); provided that, nothing herein shall be construed as preventing OCEANSIDE from seeking reimbursement for such costs and the total amount of reimbursement received by OCEANSIDE shall not exceed the difference between the Total Cost of the Bypass Highway and the "Project Impact Cost", as described in further detail in Paragraph (15.a.1). A00482 21 (1) Based on a development constituting seven hundred thirty (730) lots and eighty (80) lodge units ("Project Unit Count"), the Project constitutes approximately thirty-eight(38) percent of the total capacity of the Bypass Highway based upon a Level of Service "D" ("Project Impact"). Should OCEANSIDE develop less or more than the Project Unit Count, then the percentage of traffic attributable to the Project shall be adjusted accordingly. The Total Cost of the Bypass Highway multiplied by the Project Impact shall determine the Project Impact Cost. For example, if the Total Cost of the Bypass Highway is $1.0 million and the Project Impact is thirty-eight (38%) percent, the Project Impact Cost is $380,000.00. In such a case, OCEANSIDE shall then be eligible to receive no more than $620,000 of reimbursement ($1.0 million minus $380,000). (2) The remaining balance of the Total Cost of the Bypass Highway after deducting OCEANSIDE's and Kealakekua Development Corporation's share shall be reimbursed to OCEANSIDE with funds from income sources identified in Paragraph (15.c.1) for costs incurred by OCEANSIDE in the land acquisition, design, planning, construction, development and approval of the Bypass Highway. b. Adoption of a Impact Fee Ordinance. Should the County Council adopt a Impact Fee Ordinance, OCEANSIDE shall receive one (1) unit of credit for every $3,101.68 it has spent toward the construction of the Bypass Highway and the Haleki'i Street intersection improvements. The credits may be applied toward the requirements of an Impact Fee Ordinance. c. Funds for Reimbursement. During the course of this Agreement, if the COUNTY approves new rezonings in the vicinity of Mamalahoa Highway, then the COUNTY shall assess those new developments a "Fair Share" contribution, or similar fee, to address the regional impacts of their development on road facilities. In the event that the COUNTY collects A00483 22 funds for such "Fair Share" contributions, or similar fees, as may be allowed by the rezoning ordinances, and as identified in Paragraphs (15.c.1. and 15.c.2. herein) from developers and landowners whom the County has determined as benefitting from the Bypass Highway, the COUNTY shall reimburse OCEANSIDE from such funds as they are collected. (1) Funds to reimburse OCEANSIDE shall be from, but not limited to, [ the following sources: ( (a) "Fair Share" contributions paid to the COUNTY to address potential regional impacts of their development on road facilities; (b) Upon the adoption of a Impact Fee Ordinance that assesses or imposes an impact fee either for the COUNTY as a whole or for the region extending from Keauhou to South Point, that portion of the impact fee necessary to address potential regional impacts on road facilities; r (c) Any other monetary contribution paid to the COUNTY from i developers or land owners, whom the COUNTY determines as benefiting from the Bypass Highway, to address potential regional impacts of such developers or land owners development on road facilities; (2) In addition to the reimbursement funds identified in Paragraph (15.c.1), OCEANSIDE shall be entitled to "Fair Share" contributions in the amount of $3.6. million, as may be adjusted from time to time, paid to the COUNTY by Kealakekua Development Corporation or its successors to address potential regional impacts of Kealakekua Development Corporation's project, less $1.3 million representing contributions toward Mamalahoa Highway Improvements and improvements to Greenwell Park as required by Conditions K and N(2), respectively, of Ordinance 95-70, as may be amended. A00484 �_. 23 I_ . (3) Should the COUNTY Council adopt an Impact Fee Ordinance, developers and land owners whom the COUNTY determined as benefitting from the Bypass Highway shall receive Highway Credits to be applied toward the requirements of a Impact Fee Ordinance. (4) So long as the COUNTY shall assess those new rezonings in the vicinity of Mamalahoa Highway a fair share contribution, or if adopted, an impact fee, to address the regional impacts of their developments on road facilities, OCEANSIDE acknowledges and understands that should any funds or options identified in the preceding sections 15.b and c. fail to materialize or fail to meet the remainder of the total cost of the Bypass Highway, the COUNTY Y shall not be held responsible for any reimbursements. d. "Benefit" to Other Developments. The COUNTY finds that certain geographic portions of Mamalahoa Highway are currently congested and that any new 411 development is severely restricted because of traffic considerations. Developments within the geographic region extending from Keauhou to the north and to Hawaiian Ocean View Estates to the south will benefit in varying degrees from the construction of the Bypass Highway. This benefit is based on the congestion relief provided by the Bypass Highway to Mamalahoa Highway/Kuakini Highway as well as by providing direct access to the land along the Bypass Highway corridor. Accordingly, the amount of the "benefit" of the bypass Highway will vary by geographic region. (1) Amount of Reimbursement to OCEANSIDE. The amount of the COUNTY's reimbursement to OCEANSIDE shall be based on a percentage of those income sources identified in subparagraph (15.c) which are collected or assessed by the COUNTY from other developers and land owners whom the COUNTY has determined as benefitting from the A00485 �__. 24 Bypass Highway. The percentage paid shall be in accordance with the geographic areas as described below, and as more particularly shown on Exhibit "P". Area Description Percentage 1. Keauhou 25% 2. Honalo-Captain Cook- Existing Mamalahoa Hwy Corridor 80% 3. Honalo-Captain Cook - Mauka Area 100% 4. Honalo-Captain Cook - Makai Area 100% 5. Captain Cook to Milolii 65% (2) Collection of Funds. Any Reimbursement Funds received by COUNTY shall be held in trust for OCEANSIDE and promptly remitted to OCEANSIDE bythe P P Y COUNTY no later than ninety (90) days following the COUNTY's receipt of such remittance. e. Private Agreements. The provisions of this Paragraph shall not preclude OCEANSIDE from entering into private agreements with the State and/or such other developers or landowners to allocate the payment of Reimbursement Funds related to the Bypass Highway directly to OCEANSIDE. OCEANSIDE shall submit receipts of such payments to the COUNTY. f. Reimbursement Agreement. The provisions for reimbursement contained in this Agreement shall constitute an agreement for reimbursement between COUNTY and OCEANSIDE, which agreement shall satisfy the mandates of Condition L of Ordinance 96-8, and Condition M of Ordinance 96-7. 16. ROADWAY Sum-ours. OCEANSIDE shall provide roadway stub-outs, generally [ shown in Exhibit "Q", to provide future connections between the Property and its adjacent north and south boundaries. Such roadway stub-outs shall be constructed in phases and in conjunction with the completion of subdivision improvements on adjacent Property. A00486 25 17. PUBLIC ACCESS PLAN. OCEANSIDE shall develop, in consultation with community groups, a final comprehensive Public Access Plan. The Public Access Plan shall be submitted to and approved by the Director prior to final subdivision approval of the first small-lot subdivision. a. The final comprehensive Public Access Plan shall be developed Ped in consultation with the Director and the Hawaii State Department of Land and Natural Resources ("DLNR") and shall include mauka-makai and lateral shoreline accesses, parking area(s), signage, emergency response considerations, restrictions on use (if any), provision of recreational and restroom facilities at appropriate locations, and related improvements. b. In accordance with Ordinance 96-7 and 96-8, the Public Access Plan shall also integrate at the trail heads, shoreline access parks and the historical park, any public accesswa s to the interpretive trail system(s) and to the historical and archaeological sites. Such YO rP g a Public Access Plan shall be approved by the Director, in consultation with the DLNR. In developing the Public Access Plan, OCEANSIDE should attempt to protect both land and ocean resources and natural conditions, as reasonably practicable. 18. COASTLINE PARK. OCEANSIDE shall develop the portion of its lands in the Property located in the Conservation District for use as a Coastline Park for the benefit of the public pursuant to the Approvals. a. Construction and Development of the Coastline Park. OCEANSIDE [ shall be responsible for any and all costs associated with the design, operation and maintenance, construction and development of the Coastline Park, including, without limitation, the costs l_. associated with obtaining any necessary Approvals associated with the same. Notwithstanding the (_. foregoing, OCEANSIDE may transfer it obligations, in whole or in part, under this paragraph to A00487 26 the Project's "Homeowner Association" or other similar entity formed for the purpose of serving as the governing body for all the members and owners of the Project for the protection, [ improvement, alteration, maintenance, repair, replacement, administration and operation of the common areas, for the assessment of expenses, for the payment of losses, and for other matters as may be provided for in the Project's Declaration, the Homeowner Association's Articles of Incorporation, the Homeowner Association's By-laws, or the Project's Design Guidelines, The Declaration shall contain language providing for the perpetuity of the Coastline Park and its availability to the public for use in accordance with certain rules and guidelines that will be established in the public access plan as required under SMA Permit No. 345 to be submitted by ( OCEANSIDE to the Director for approval. Additionally, if requested by OCEANSIDE or the Homeowner Association, and if approved by the COUNTY, which approval shall not be unreasonably withheld, said Developer or the Homeowner Association may assign its responsibilities, in whole or in part, under this paragraph to a foundation or other entity to assume the duties and obligations stated herein. b. The construction and development of the Coastline Park shall be completed It in phases roughly proportional to the phases of the Project's development as may be approved by the Director pursuant to the Approvals and shall be subject to the obtaining of all necessary liscretionary permits (e.g. Conservation District Use Approval, Special Management Area Use rmit, etc.). (1) An area comprising twenty five percent (25%) of the total Coastline rk as shown on Exhibit "R" attached hereto and incorporated herein by this reference, shall be 'eloped and improved by OCEANSIDE in phases within five (5) years from the date final [ dl-lot Subdivision Approval is obtained on any portion of the Property. 27 (2) The first phase of the Coastline Park shall be opened to the public within thirty (30) days following the opening of the golf course. (3) In accordance with Ordinance 96-7 and 96-8, upon opening the first phase of the park area, OCEANSIDE shall provide: (a) a minimum of twenty-five (25) public parking stalls, with separate parking stalls for residents and their guests, and separate parking stalls for the Coastline Park's employees. As may be imposed in permits necessary to complete the Coastline Park's improvements, the parking stalls shall, at OCEANSIDE's discretion, either be within the Coastline Park and/or within OCEANSIDE's adjacent lands. The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; (b) signage and provisions for public access for night fishing and marine food gathering purposes subject to restrictions which limit said uses to non-commercial and ( recreation uses only; and (c) other restrictions which provide for the health and safety of the public. c. In accordance with SMA Permit No. 345, upon the approval of the final comprehensive public access plan, draft covenants which detail the rights, obligations and privileges of the public, the County of Hawaii and OCEANSIDE, its successors or assigns shall [ be submitted to the Director for approval. The approved covenants shall be recorded in the manner required pursuant to SMA Permit No. 345. d. Prior to receiving final approval of the first Small-lot Subdivision, OCEANSIDE shall convey to COUNTY a perpetual easement for public access over and A00489 28 recreational use of the Coastline Park area pursuant to such restrictions as may be established by OCEANSIDE with the approval of the Director, to promote public health and safety and the general security of the Coastline Park for residents and guests of the Project, to protect the area's natural condition, and to minimize any liability to OCEANSIDE, pursuant to HRS Chapter 520. e. OCEANSIDE's fee simple interest in the land area of the Coastline Park shall be retained by OCEANSIDE, who shall own and manage the Coastline Park; provided that OCEANSIDE, in its sole discretion, may transfer management responsibilities for the Coastline Park to any homeowners' association or other entity which may be formed for the Project subject to the aforementioned covenants. 19. GuEsr HOUSES. Nothing herein shall be construed as prohibiting the construction of"guest houses" within the Project as the term is defined in Zoning Code section 25-1-5(55), as allowed under Zoning Code section 25-4-9, and pursuant to Chapter 205-6, HRS. i 20. GENERAL DEVELOPMENT OF THE PROJECT. OCEANSIDE shall have the right to develop the Project, the Bypass Highway and the Coastline Park in accordance with the terms and conditions of this Agreement and the Approvals, and the parties shall have the right to enforce the provisions of this Agreement. The parties hereto acknowledge that this Agreement is intended to implement the intent of the parties and that OCEANSIDE shall have the right to develop the Project, the Bypass Highway and the Coastline Park pursuant to the Land Use Regulations and YP g Y Approvals, subject to its adherence to and performance of all terms and conditions of this Agreement. In the event that a question arises regarding OCEANSIDE's and the COUNTY's responsibilities or their intent, the parties shall look toward this Agreement to clarify such issues. A004j0 • l__ 29 b. The COUNTY shall accept and process expeditiously any application(s) submitted under this Paragraph or otherwise required under the terms of this Agreement within such time frames as specified within the Land Use Regulations; provided, however, that if the Land Use Regulations do not contain a specific time frame for processing such application(s), the application(s) shall be processed within a reasonable amount of time from the date of receipt of a complete application(s) by the COUNTY; and provided further that if, for any reason, the ( application(s) as submitted by OCEANSIDE is/are not complete, the COUNTY shall promptly request from OCEANSIDE any information or materialsnecessary to complete the application(s). 23. CONFORMANCE WITH THE COUNTY GENERAL PLAN AND COMMUNITY DEVELOPMENT PLANS. By virtue of the County Council's approval of the Enacting Resolution, the County Council finds that as of the date of this Agreement, this Agreement is consistent with the COUNTY's General Plan as amended, and any applicable community development plans adopted by the County Council and in effect as of the date of this Agreement; provided, however, that in the event of any inconsistency between the County General Plan and any applicable community development plan by ordinance, the County General Plan shall prevail. 24. ANNUAL REVIEW. On or before January 14th of each and every year following the execution of this Agreement, OCEANSIDE shall submit an annual report of its compliance with the terms and conditions of this Agreement to the Planning Department, or such agency as the COUNTY designates in writing to OCEANSIDE; provided further, that the Planning Department ( or such designated agency shall review such report for adequacy and accuracy and shall forward a copy of the annual report together with its findings and any other comments to the Mayor, County Council, OCEANSIDE and any other parties to this Agreement within sixty (60) days. 25. MATERIAL BREACH BY OCEANSIDE. A00491 31 a. Within thirty (30) days after the Planning Department or the Office of the Mayor determines on the basis of the periodic report that OCEANSIDE has committed a material breach of the terms or conditions of this Agreement, the Planning Department or the Office of the Mayor, as applicable, shall inform OCEANSIDE in writing of the same, setting forth with reasonable particularity the nature of the breach and any and all evidence supporting the finding and determination; provided, however, that OCEANSIDE shall be given a reasonable time period in which to cure any such material breach. b. OCEANSIDE shall have one hundred eighty (180) days to cure the material breach. If OCEANSIDE fails to cure the material breach within that time, the COUNTY may terminate or modify the terms of this Agreement in accordance with HCC section 30-6; provided, however, that the Office of the Mayor shall have first given the OCEANSIDE the opportunity: (1) To rebut the findingand determination bythe Office of the Mayor Y of the existence of the material breach; or (2) To consent to amend this Agreement according to such terms as the Office of the Mayor may elect to propose in order to cure the material breach; provided, however, l that such amendments must be accepted and approved by the County Council pursuant to Paragraph (27), herein. c. Upon the mutual agreement of the parties to the Agreement, this Agreement may be terminated by County Council resolution if: (1) OCEANSIDE does not agree to such amendments proposed by the Office of the Mayor or as subsequently modified by the County Council pursuant to Paragraph (27), herein; or A00492 32 (2) The County Council reasonably rejects the amendments proposed by the Office of the Mayor and the County Council states its reasons, in writing, for rejecting the proposed amendments. d. Should the County Council terminate this Agreement, OCEANSIDE will have the right to appeal such a decision to a court of law, in which case the standard of review shall be whether the County Council acted reasonably in its termination of this Agreement. The termination of this Agreement pursuant to this Paragraph shall not preclude any rights or remedies that would have existed had this Agreement not been entered into. I3 26. EXTENSION OF TrmE. a. Pursuant to Ordinances 96-7, 96-8 and 97-36, upon written request of OCEANSIDE to the Director, any dates of commencement or completion for the Bypass Highway or the Coastline Park may be extended by the Director at OCEANSIDE's request. b. Notwithstanding any extension limitations set forth herein, upon written request by either party for an extension of time in which to complete its obligations hereunder which request is made due to a delay in the performance of any of the obligations of either party, a reasonable extension of the commencement, completion, or termination dates shall be granted by the other party for the performance of the terms of this Agreement; provided, however, that the delay in performance must be due to an unforeseeable cause or causes beyond the control and without the fault or negligence of either party, including, without limitation, acts of God, acts of [ the public enemy, fires, floods, epidemics, quarantine restrictions, strikes or walkouts, freight embargoes, or unusually severe weather. c. Nothing in this Agreement shall be construed to preclude the parties hereto from further ganycommencement, completion or termination date hereunder bymutual extending P A0049 33 agreement, or from entering into subsequent agreements subject to the approval of the County Council. 27. AMENDMENT OR CANCELLATION OF AGREEMENT. This Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to this Agreement, or their successors in interest, as further evidenced by County Council resolution; provided that if the County Council determines that the proposed amendment would substantially alter the original terms of this Agreement, a public hearing on the amendment shall be held by the County Council before it consents to the proposed amendment. Non-substantive or technical amendments which i affect only procedural requirements under this Agreement or do not materially alter the original terms of this Agreement shall only require the approval of the Office of the Mayor, without action by the County Council; and provided further that cancellation of this Agreement pursuant to this Paragraph shall not preclude any rights or remedies that would have existed had this Agreement [ not been entered into. A 28. DISCRETION TO ENCUMBER. This Agreement shall not prevent or limit OCEANSIDE, in any manner and at OCEANSIDE's sole discretion, from encumbering all or any Portion of the Property, or any improvement on the Property by any mortgage, deed of trust, or other security device securing financing with respect to the Property or any improvements located thereon. 29. OBLIGATION TO MODIFY. The COUNTY acknowledges that any Lenders providing financing under Paragraph (28), herein, may require certain modifications to this { Agreement, and the COUNTY agrees, upon request from time to time, to meet with OCEANSIDE and/or representatives of such lenders to negotiate in good faith any such requirement for modification. The COUNTY shall not unreasonably withhold its consent to any A00494 34 such requested modification, and any such modifications shall be subject to the provisions of Paragraph (27), herein. 30. EN rrrLEMENT TO WRrrrEN NOTICE OF DEFAULT. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering all or any portion of the Property and their successors and assigns shall, upon written request to the COUNTY, be entitled to receive from the COUNTY written notification of any default by OCEANSIDE of the performance of OCEANSIDE's obligations under this Agreement which has not been cured within such time period as set forth in Paragraph (25), herein. 31. COOPERATION. The COUNTY shall not impede OCEANSIDE in carryingout the transactions contemplated herein and in obtaining all required approvals, authorizations, and clearances. Furthermore, the COUNTY shall cooperate with OCEANSIDE in executing and delivering in recordable form all documents, instruments, or copiesthereof; in providing non-financial and/or non-proprietary information deemed reasonably necessary or useful by the 1 other party or parties; in delivering prompt payment of any monies required to be paid to the other party or parties under this Agreement; and to process, in a timely manner, any and all construction, permit or other applications relating to the Project, the Bypass Highway or the Coastline Park. With regard to any application(s) submitted by OCEANSIDE to any other governmental or quasi-governmental agency having jurisdiction over the Project, the Bypass Highway or the Coastline Park for any and all appropriate Approvals required for the construction [ or development of the Project, the Bypass Highway, or the Coastline Park the COUNTY shall not impede OCEANSIDE in obtaining such Approvals. 32. ASSIGNMENT. OCEANSIDE shall have the right to sell, assign or transfer, in whole or in part, this Agreement, and all of its rights, duties and obligations hereunder, to any 35 A00495 entity, subsidiary, or partner of OCEANSIDE at any time during the term of this Agreement upon written notice to the Director. Such a transfer shall be considered a non-substantive or technical amendment that does not alter the material terms of this Agreement and which does not require action by the County Council, nor the approval of the Office of the Mayor. 33. ENFORCEMENT. Unless terminated pursuant to Paragraph (25) or canceled pursuant to Paragraph (27) herein, this Agreement, as amended or modified, shall be enforceable by any party hereto, or its successors in interest or assigns, notwithstanding any change in any applicable law, which alters or amends.,.the.Land Use Regulations or Approvals, the Development Agreement Statute, the Development Agreement Code, or the Development Agreement Rules, that is adopted by the COUNTY or any other party to this Agreement after the date of the Enacting Resolution. 34. WAIVER. The failure of any party to this Agreement to insist upon strict performance of anyof the covenants or conditions herein, or to exercise any option herein conferred,or the waiver of a breach, shall not be deemed a waiver of such party's right to demand strict compliance by such other party in the future, nor shall it be deemed a relinquishment or waiver for the future of any rights, covenants, conditions or options under this Agreement. 1 35. GENDER. The terms "COUNTY" and "OCEANSIDE", wherever used herein, or any pronoun used in place thereof, shall mean and include the masculine or feminine or neuter gender, the singular or plural number, jointly and severally, individuals, firms or corporations, and their and each of their respective successors, legal representatives and assigns, according to the context thereof. { 36. No PARTY DEEMED DRAFTER. No party shall be deemed the drafter of this Agreement. If this Agreement is ever construed by a court of law, such court shall not construe �. . any provision thereof against any party as drafter. A 0 0 4 9 6 36 37. No PARTNERSHIP. Nothing contained in this Agreement is intended, nor shall be construed to establish an agency relationship, a partnership or a joint venture between the parties hereto. 38. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Hawaii both as to interpretation and performance. 39. FORCE MAJEURE. In the event that either party shall be delayed or hindered in or prevented from the performance of any duties, obligations or conditions provided for and required under this Agreement by reason of strikes or other disturbances, lockouts, labor troubles, riots, insurrection, war or civil disturbance, fire earthquake, tidal wave, acts of or qGod, the elements, government legislation, regulation or controls, or economic controls, making it impossible to complete any duties, obligations, or conditions provided for and required under this Agreement, then performance of such duty, obligation, or condition shall be excused for the period g � pe od of the delay and the period for the performance of any such duty, obligation, or condition shall be extended for a period equivalent to the period of such delay. Under no circumstances shall this provision operate or be construed to excuse either party from the payment of any sum required to be paid to the other party. , OCEANSIDE or the COUNTY shall notify the other in writing of any force majeure event upon which OCEANSIDE or the COUNTY intends to rely upon for an extension of the period for the performance of any such duty, obligation, or condition, and shall also notify the other in writing of the date on which any such force majeure event ended. 40. GOOD FAITH. Either party to this Agreement shall perform its duties under this Agreement in good faith. 11V) 4 9 7 � _ 37 41. COMPUTATION OF PERIODS. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays; provided, however, that if the date ( or last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. 42. SEVERABILITY. If any provision of this Agreement, or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this ( Agreement and the applicationof any provisions thereof to other persons or circumstances shall not be thereby affected. 43. ENTIRE AGREEmovr. This Agreement embodies the entire agreement of the parties hereto and supersedes any other agreements or understandings with respect to the subject matter hereof that may ever have existed between the parties. 44. SECTION AND PARAGRAPH HEADINGS. Section and paragraph headings are inserted ( only for convenience and reference and in no way define, limit, extend or describe the scope of intent of this Agreement, or any provisions thereof. 45. ADMINISTRATIVE Act. The approval of this Agreement shall, under Development gP Agreement Statute HRS section 46-131, be deemed an administrative act of the COUNTY and any and all governmental agencies or entities party to this Agreement. 46. BINDING EFFECT. The terms and conditions of this r A m n gee e t shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to and assigns ( of the parties hereto, and the covenants contained herein shall run with the land. 47. ENTITIES OBLIGATED. Except as provided to the contrary herein, individual lot purchasers or builders, mortgagees or beneficiaries shall not have the obligation or duty under this 38 A00498 Agreement to perform the obligations of OCEANSIDE or other affirmative covenants of OCEANSIDE hereunder, or to guarantee such performance. 48. PARTIAL RELEASE. Any terms and restrictions of this Agreement which are ( satisfied as of the annual review shall be released upon request of OCEANSIDE; provided that any such release shall be in recordable form that OCEANSIDE may record in the Office of the Assistant Registrar of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances, as applicable, within twenty (20) days of the execution of such release. 49. COMPLIANCE CERTIFICATE. If, during the annual review conducted pursuant to Paragraph (24), herein, the Planning Department finds compliance by OCEANSIDE with the terms of this Agreement, the Planning Department shall issue a certificate of compliance in recordable form that OCEANSIDE may record in the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances, as applicable. 50. SATISFACTION. Upon the satisfaction of the terms and conditions of this Agreement, and upon request by the Office of the Mayor and OCEANSIDE, the County Council shall propose and approve a resolution indicating that this Agreement has been satisfied. 51. FINAL RELEASE. The COUNTY agrees that upon written request po of OCEANSIDE and payment of all fees and performance of the obligations of OCEANSIDE under this Agreement with respect to all or any portion of the Property, the COUNTY shall execute and deliver to OCEANSIDE appropriate release(s) of OCEANSIDE from om any and all further obligations under this Agreement in such form and substance necessary to effect such release and to record the same with the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances, as applicable; provided that any such release shall be recorded within twenty (20) days of its execution. 1 39 52. ADMINISTRATION OF THIS AGREEMENT. The Planning Department shall be responsible for the overall administration of this Agreement. 53. RECORDATION. The Planning Department, or such other executive agency designated in writing to OCEANSIDE by the Mayor, shall file or record copies of this Agreement and any amendment or modification hereto in the Office of the Assistant Registrar of the Land Court of the State of Hawaii or in the State of Hawaii Bureau of Conveyances, or both, whichever is applicable, within twenty (20) days after the execution of this Agreement, or twenty (20) days after any amendment hereto. 54. COUNTERPARTS. The arties hereto pagreethat this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same instrument, binding all of the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterparts. For all purposes, including, without limitation, the recordation, filing and delivery of this Agreement, duplicate, unexecuted and unacknowledged pages of the counterpart may be discarded and the remaining mauung pages assembled as one (1) document. 55. FACSnMII.E DocumENTs. The partiesree to accept facsimile executed documents � ( as if they were originally signed documents. Any party submitting facsimile signatures shall provide the other parties with originally signed replacement documents within five (5) business days from the date of receipt bysuch other parties of the facsimile executed documents. P 56. NOTICES. Unless otherwise provided herein, any notice to either party given under this Agreement shall be in writing and given by delivering the same to such party in person, or by sending the same by registered, certified or express mail, return receipt requested, first class A00610 40 postage prepaid, to the party's address as first noted herein, or as otherwise provided through written notice to the other party. 57. PUBLIC DEDICATION. Unless otherwise provided by OCEANSIDE in writing, this Agreement shall not be deemed a gift or dedication of the Project or the Property, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the parties that this Agreement be strictly limited to and for the purposes expressed herein for the development of the Project and the Property as private property. IN WrTNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. COUNTY OF HAWAII "COUNTY" Approved as to form and legality: Corporation Counsel By Its Mayor l_+ OCEANSIDE 1250 "OCEANSIDE" Approved as to form and legality: By RED HILL 1250, INC. Its General e al Partner Its Legal Counsel By Richard T. Frye Its Vice President A00501 l __ 41 STATE OF HAWAII SS: COUNTY OF HAWAII On this day of , 1998 before me appeared , to me personally known, who, being by me duly sworn, did say that is the of the COUNTY OF HAWAII, a municipal corporation, and that the [ instrument was signed in behalf of said municipal corporation by authority of its County Council, and said acknowledged the instrument to be the free act and deed of said municipal corporation. Notary Public, State of Hawaii My commission expires: I l_- l _. A00502 L— 42 STATE OF HAWAII SS: COUNTY OF HAWAII On this day of , 1998, before me appeared Richard T. Frye, to me personally known, who, being by me duly sworn, did say that he is the Vice President of Red Hill 1250, Inc., general partner of 1250 OCEANSIDE dba OCEANSIDE 1250, a Hawaii limited partnership, that the foregoing instrument was signed in the name of and in behalf of said partnership, and said Richard T. Frye acknowledged that he executed the same as his free act and deed and as the free act and deed of said partnership. Notary Public, State of Hawaii. My commission expires: A00503 43 Development Agreement Exhibits I A00504 List of Exhibits Exhibit Description A Map describing portion of the Property owned by OCEANSIDE in fee simple and that portion that is leased. B Ordinance No. 96-8 l C Ordinance No. 96-7 D SMA Permit No. 345 E Use Permit No. 115 F SMA Permit No. 356 L G Ordinance No. 97-36 1 H Mamalahoa Highway bypass detail and description. I Enacting Resolution approving the Agreement (not available until after Council acts). 7 Project Plan-Agricultural lot community and its various components, including the lodge and coastline park. Excludes the Mamalahoa Highway Bypass. K Map identifying 260.8 acres as TMK 7-9-12:04 and 11, which is leased I from Ackerman Ranch. L Short Form of Ackerman Ranch lease. M Construction standards for the Mamalahoa Highway Bypass. g Y YP N Sample Letter releasing OCEANSIDE from all further responsibilities and obligations with respect to segments of the Mamalahoa Highway Bypass. O Map of the relevant phases of the extension of Halekii Street through the Property. { P Map of geographic areas for reimbursement. 1 A005Ub List of Exhibits Exhibit Description Q Map of roadway stub-outs providing future connections between Property and its north and south boundaries. R Coastline Park S Ordinance No. 94-73 T1 Mamalahoa Highway Bypass TMK Map T2 Mamalahoa Highway Bypass TMK Map 2 A00506 • . . .. . - k. - ii- ' Lzi1,;T- ; . i • . •. ' • •• 'NA; • . : :-. -- v.), . z.. - .—... tci , . ..... _. . • : .." Pi•m k•i ,.. •t'r 7--,'Al-t1 : --10 • • im ..._--" .....-=1-4.glI • .ilf 1 1.1441-:--1--'--"-:?::--:.:.7.-. .24 I , -• ! .. ' .;'it:, . e'C'.•st' , .1 • - •. ......:: :•., t ••:. .• .- I ' .-------', . -•••,..1 -;!:iJii6 teing - ` ‘"..; ;11 1 :. : -•::: td;P-X*7 ( ....0 ill , I ."... \‘..' • :Ill IT. ::-..• ._ :il.h. ,. :7::%:7-----1::•1',..,0 4; llirl " ,-,0 -t i. 11-te -k .tV A.y4%.• I iii--- 0.:, :. .: i-4.: . .. 1 X _ ... • ‘ii',1 ' :4 ' . :.' .: • ,•.' ..•1% .° . -,; °' •Igt' 4 *to 1 1/;• ,g 1 , ! ,_ -ill • \•• ‘:„..• 1 ....._ c 01 .- - :-..- . .! - • t• .,..., •..• ,:: .L. : ....z. ..„14... ;... ,77,.••:, tit • '. : ' 4‘. .% I •V. . ' .1EZN•! C ; il 1.0 II ' I; :. .i 1•112:! \ !!! .‘ ' s' . • 14-cc t'` .• l':"•-••••:-•-* ;••••:----cAr.,:. 1 .i-im .:. z. , - • 3 . , ...i.,1 teitl—,. -1 •.. p ... , : :.•'1 I, Z. : 4;, • :T -\1 I "I' -I I,' '',, i - . ..''t i • ...•%:_!'.,:..'•;) . .11.4-itt-:(..1 ,;: ;'-• , - z : : ; , -.----/-. ,. :: .:-- ..*:--i . I i • ,, • ., :-. - •• i!.! I . . . .r.: •-.-i-- : ,...,...; Jr;!•, . ; :..f , - ! *:. ; 1 ." V"I 1 ; ;• - 1 `, .• I- -a- ..r _ . • ..,... .... . ... _.___.. [0.... . - --........-1-•'-zal'" iit i .:4,1' *:. . :‘^ '..;1., a • , ...4 .,..., • ki...* _.,_____I I, i • I 0 , ,.j .. --"'.. 1,1 4.I r".,• .! .A. .j' • . •4 I .I• .. I 11. ' O'O'r4 I II"i I i '''1 Ad 1 :5 •P Ell t i. I i HY 1.I tz_--) • ..... itt....._ . . I! li 1#1,..! .• \ ! 1 '5-1, AC •. , • 1,: ,,t.i . v : 1 T ar - .1.., 1 5- • • i 1. ' .7-1. 1 .1;);i...... \ - • *. . . • ., ‘3 • • . .., • • • i ....t.t .1•51 ; . . 1 I • • I,±\ ' .- ) • : • •I • : 1 a i I • . •k -..1 • 1 : 't . 1 •,' / ' •.: • : • . , .. • 41 • $ t •• :.1 i i L ' .•.; • 1 / I I • : • 1 . : 4lt: l •, • 0 . . N.. • 0 ••• / . ' ;.' 1 1 . ,-% 1 • • ... l'.• • ; 1 ...tal : •: i -,-": -.) J . . , . .. tilfz ' \ \ = .1 i i •=1 ...\_ I:, 1 ..... •-•, .s. • . • : , ' ' . - . . •1 :-- ., ".; ' ' : It. \ : t : po. ,• • . ,' - A ‘ \ C'" I N/ .:111 ki' 1 • 1 : OP1100,! • . \ i . - I .c .. 1..: . 0000,00°111r. % • 4, ...1 • -...: I i .....,••••-•-.".......... I I, 0 f !" k • . - !i:i . • 00 _. ii , . 111, 011 V.: 1 1 •i;r = . , ..: ( , • ,e .. I , k • :1°'4' - 1 t i 8-- .r-04/...031 . N X Z I VI 9 1 t 0 . . *,-.•• i• _ ....-...( 'i . .. . .,.. . 4-4 _, i ., 1 • ...., 1 '1/4' ;--g. N . i _e • .. -e ' o ' V * - _ ___.- . /- ....• .. . - • 1 . fl--4 1 2., - •; ..., ----„,. e.: ,.. r• .el • .,..i• • a 1....i , 401• .:z z--;.5."' I 0 2 io hiS k :; ..- : : ''1' c.• • , 41‹,.. 1 .. t- , . •%-:;;" . -1:: k -3 eb. 7 •-----I ii." ,. 4. t . . ::t ." .• . `Zt::.:••-•- r--- ;!: , •• . •0 II . .....N • . .,.... .,. .. ....._ ". 1. . . ' • .- : ...\ 1i I p ' . .1 Z ? IL • • !.,. •. I. I • __ ' .i .• :.• I_ • - - _s .. . . M LEASE AREA A 0 0 5 0 7 1 EXHIBIT A The district classification of the following area situated at Honuaino 3rd and 4th. Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii. shall be Agricultural (A-1a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 1. 172° 44' 35.46 feet to a point; f 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251° 15' 39.58 feet to a point; f 5. 259° 25' 18.68 feet to a point; 4l 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; ( 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271° 10' 30" 50.61 feet to a point; 12. 261° 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262° 38' 30.23 feet to a point; 15. 258° 17' 37.28 feet to a point; 16. 254° 45' 21.32 feet to a point; AUUtU -3- 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 21.89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° 07' 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; [ 23. 250° 03' 30" 91.17 feet to a point; 24. 257° 28' 88.18 feet to a point; .' 25. 253° 37' 30" 14.36 feet to a point; 26. 271° 49' 7.86 feet to a point; 27. 243*3 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; 30. 265° 31' 13.70 feet to a point; 31. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259° 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259 49' 30" 85.74 feet to a point; 37. 266* 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 272° 05' 60.95 feet to a point; 40. 269° 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; -4- A00509 43. 272° 21' 30" 28.45 feet to a point; 44. 277° 12' 46.47 feet to a point; ( 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; [ 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; r 50. 261° 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' . 166.66 feet to a point; 55. 261° 47' 108.98 feet to a point; 56. 243° 34' 33.10 feet to a point; [ 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262° 59' 118.99 feet to a point; 60. 256° 19' 39.78 feet to a point; 61. 262° 44' 82.08 feet to a point; [ 62. 267° 50' 34.11 feet to a point; 63. 265° 25' 63.09 feet to a point; 64. 273° 36' 30" 112.92 feet to a point; 65. 268° 50' 151.03 feet to a point; 66. 274° 59' 30" 35.27 feet to a point; 67. 268° 30' 30" 48.40 feet to a point; -5- A005i0 1 Thence, for the next three (3)courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makahiki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73. 333° 41' 55.11 feet to a point; 74. 341° 52' 42.41 feet to a point; 75. 350° 21' 65.77 feet to a point; 76. 357° 11' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81. 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83.. 356° 37' 108.84 feet to a point; 84. 358° 09' 110.66 feet to aoint; p , 85. 6° 27' 30" 75.31 feet to a point; -6- A00511 86. 357° 30' 30" 143.26 feet to a point; 87. 8° 45' 30" 30.57 feet to a point; 88. 359° 52' 108.27 feet to a point; 89. 265° 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight (8)courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90. 357° 33' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point; 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; [ 96. 329° 39' 30" 32.22 feet to a point; 97. 326° 06' 51.01 feet to a point; 98. 324° 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent { 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; -7- A00512 I _ I 104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to I W. Whitmarsh: I _ 105. 82* 05' 30" 51.64 feet to a point; 106. 83° 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91° 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; [ 111. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; l 113. 268* 21' 280.72 feet to aP oint; f 114. 259° 47' 379.67 feet to a point; 115. 260° 53' 149.26 feet to a point; 1 116. 259° 07' 153.59 feet to a point; i 117. 266° 02' 30" 90.63 feet to a point; I118. 250° 32' 115.64 feet to a point; ( 119. 240° 54' 54.22 feet to a point; L 120. 246° 41' 140.89 feet to a point; 1 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; l 123. 245° 12' 30" 66.16 feet to a point; 124. 257° 45' 30" 34.33 feet to a point; 125. 239° 59' 72.54 feet to a point; I 126. 250° 39' 30" 70.76 feet to a point; -8- A00513 L f 127. 246° 08' 111.93 feet to a point; 128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four(4) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions: i _ 129. 64° 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; [ 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.7$ feet to a point; 133. 154° 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 I to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet, the chord azimuth and distance being: • { 138. 149° 59' 30" 473.03 feet to a point; 139. 163° 16' 839.35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah [ and Grant 2029 to S. W. Makahiki to a point; -9- A00514 Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet,the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A") SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South ff Kona, Hawaii, shall be Agricultural (A-la): r PARCEL 3: l . Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591)and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: Ij1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit II (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii) to a point; 4. 266° 28' 187.31 feet along Lot 3 (Government Land - County of Hawaii) to a point; 1 . -10- A00515 \- Thence, for the next eleven (11)courses following along middle of stonewall: 5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a [ point; 7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 8. 91° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File IPlan 2087)and along the remainder of Grant 977 to Panaunau to a point; 9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 1 Thence, for the next four(4)courses following along Grant 866 to Kapule: ij10. 86° 02' 30" 309.93 feet along Lot 2 to a point; 11. 80° 19' 207.35 feet along Lot 1 to a point; f12. 75° 14' 183.86 feet along Lot 1 to a point; 13. 79° 02' 674.13 feet along Lot i to a point; f ' 14. 177° 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 1 15. 75° 14' 1,338.05 feet along Grant 977 to Panaunau to a point; I16. 150° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251° 45' 902.30 feet along Grant 865 to John Nakookoo to a point; I -11- A00516 Thence, for the next thirty-six (36) courses following along middle of stonewall and along Grant 865 to John Nakookoo: 18. 250° 02' 30" 41.72 feet to a point; 19. 238° 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253° 29' 121.82 feet to a point; 22. 257° 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to aP oint; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 110.46 feet to a point; 28. 258° 29' 24.30 feet to a point; ( 29. 274° 56' 30" 31.91 feet to a point; 30. 260° 18' 30" 148.31 feet to a point; ( 31. 253° 43' 47.09 feet to a point; 32. 243° 21' 30" 89.60 feet to aP oint; 33. 263° 53' 30" 70.49 feet to a point; 34. 254° 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241 ° 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point; 40. 216° 24' 30" 55.73 feet to aP oint• 41. 238° 55' 30" 27.24 feet to a point; 42. 255° 23' 30" 29.74 feet to a point; 43. 271° 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271° 04' 85.71 feet to a point; 47. 277° 42' 30" 71.32 feet to a point; 48. 269° 46' 21.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268°° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pace13 as shown [ on Exhibit "A") The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd,and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being ( 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78° 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: -13- A0051 3. 203° 12' 488.09 feet to aP oint; Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth and distance being: 4. 172° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell, and Grant 1576 to Lohi on a curve to the right with a radius of 1,130.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 8. 183° 07' 311.35 feet to aP oint; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to Ialua to a point; Thence,following along the remainders of Grant 1464 to Ialua and Grant 1175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 411.07 feet to a point; 11. 203° 03' 162.63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant [ 1177 to Kamakahiona on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: (__. 12. 186° 42' 30" 362.96 feet to a point; 13. 170° 22' 60.05 feet along the remainder of Grant 1177 I to Kamakahiona to a point; I Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five (5) courses following along the remainder of IGrant 1176 to Kini: 15. 202° 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 1 16. 157° 02' 42.43 feet to a point; 17. 112° 02' 85.32 feet to a point; fThence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 18. 97° 14' 329.53 feet to a point; 19. 82° 26' 397.26 feet to a point; ill Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth ( and distance being: f 20. 118° 34' 831.43 feet to a point; ( 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; -15- � � A00520 Thence, for the next three (3) courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244° 12' 628.00 feet to a point; 26. 330° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, [ Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona to a point; 30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old ( railroad: ( 31. 353° 25' 54.23 feet to a point; L_ 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa to a point; Thence, for the next six (6) courses following along the remainder of Grant 1175 to Nakauwaa: 36. 350° 55' 30" 47.80 feet to a point; -16- �,,. x00521 37. 260° 45' 8.34 feet to a point; Thence, for the next four(4) courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. 1° 03' 30" 50.75 feet to a point; 40. 4° 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four(4) courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to H. N. Greenwell to a point; Thence, for the next twenty-six(26)courses following along the remainder of Grant 787 to H. N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten(10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340° 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342° 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332° 23' 82.87 feet to a point; 53. 324° 00' 11.13 feet to a point; 54. 332° 36' 30" 113.50 feet to a point; A00522 55. 347° 43' 24.68 feet to a point; Thence, for the next four (4) courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 344° 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6) courses following along middle of stonewall: 61. 341° 48' 30" 54.25 feet to a point; [ 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 111.89 feet to a point; 65. 325° 21' 106.90 feet to a point; 66. 62° 18' 30" 29.22 feet to a point; a Thence, for the next three (3) courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337° 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146. Land Commission Award 8452 to A. Keohokalole: 71. 338° 26' 168.87 feet to a point; 72. 337° 34' 153.12 feet to a point; -18- A00523 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit "A„.) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof(herein after referred to as "subject property"). SECTION 3. These changes in district classification are conditionedfollowing:upon the (A) The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) The effective date of the rezoning shall be upon: (1) the execution of an agreement,greement, between the applicant, Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water jcommitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty (180) days from [ the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitmenta ment in accordance with its "Water Commitment y Policy" within one-hundred-eighty (180) days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property shall be submitted to the [ Planning Department and Tentative Subdivision Approval secured within four(4) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five (5) years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, -19- A00524 If Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; [ (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and 111 (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any ''I f land alterations within the subject property; (H) A final comprehensive public access plan. to be developed in consultation with community groups. shall be submitted to and approved by the Planning Director prior °- A00525 principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike. The number of parking Stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and 0[(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s) to interpretive trail system(s)and to the historical and archaeological sites to be approved by the Planning Director, in consultation �_. with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (I) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of Ethel its privately owned coastline park and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised Statutes,] will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the] coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway, trail or other rights-of-way. which are deemed public highways or trails as defined in Chapter 264. Hawaii Revised Statutes; (J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits. human burials, rock or coral alignments, pavings or walls be encountered. work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken: -22- A00527 L (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way ali nment of the entire Mamalahoa Highway g Hg Y Bypass [road as shown in Exhibit "C",] between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a [ metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion] of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit "C",] in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further that the section of the Mamalahoa Highway -23- A00528 for public use prior to the occupancy of any dwelling unit within the entire project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] (4.) [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. [A] If. before the completion and opening of the entire MamalahoalIighway Bypass. a portion of said bypass is completed And opened. and said portion provides a connection to Haleki'i Street.. a barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements] [prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion [the Phase 1 section ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and j,5 [(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property, [the Alii Highway, and southern { extensions there from;] and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the II construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway g yp ss high ay or { segments thereof, and] standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works. The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to -?4- A00529 reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition,design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C", meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road, meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;] -25- AOO5' O ev11[(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] County of Hawaii; (N)[O)) To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (Q[(P)] In lieu of actual construction of infrastructural as improvements required under P Conditions D, F, H, K, and,L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision j approval for the subject property or portions thereof shall be granted prior to the actual L construction of required infrastructural improvements; [(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; (P)[(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition. "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable. foliage. and fruits that are propagated for economic or personal use. An agricultural [ activity will be considered satisfactory: A00531 (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; (Q)[(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot; provided that this shall not preclude the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; [ T ] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police, solid waste disposal [ facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index(HCPI). The fair share contribution for each agricultural zoned lot of the propertyless than ten acres in size shall be g subject ( based on a maximum density for each lot as determined by the zoning resulting from f-_- this change of zone. The fair share contribution in a form of cash, land, facilities, or -27- A00532 L any combination thereof shall have a maximum combined value of$ 4,701,205.74. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ] The applicant shall make its fair share contribution tomttl' ' ate thepotential g regional impacts of the subject property with respect to parks and recreation . fire- police. solid waste disposal facilities.androads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot,and shall become property or its increments. If the subject properly is subdivided in two or more increments. the amount of the fair share contribution due� and payable prior to final. subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution for each lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes. shall be based on the maximum allowable density of building sites as determined by the zoning of such lot, ( 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$7,239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to 400 lots, the indicated total fair share contribution is $2,895,664.00. however. the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. The fair share contribution shall be allocated as follows: L1 $3.490.85 per lot. for an indicated total of 51.396,340.00 to the County to support park and recreational improvements and facilities., 8 A00533 (2.) $168.40 per lot. for anindicated total of$67.360-00 to the County to support police facilities; ( . •- 'id' . - . • . • I .4 I I . • - • t• •.. fire facilities; (11 • •- • • •_• •• _ -. . . • : II • • - • • lt . ..• y solid waste facilities; '. 1 . : •- • • • • .• .. . - . • • • • 1 .7 I I s • - at- • •u tv to support road and traffic improvements. -. ■• - •• ••_ - • • i• _ '• • . - •- • ••V- • • •. ..' - • . 1 • _ •- • •I1•1 . three years after the effective date of this ordinance. based on the percentage change in the Honolulu Consumer Price Index (HCPI). Inlieu of paying the fair share contribution. the applicant may construct improvements/facilities related to parks and recreation. fire. lice po —sQlid_waste disposal facilities. and_roads within the region impacted by the prop4 d. velopment. subject to the approval of the planning director. The cost of constructing the improvements required in Conditions H. K and L shall be credited against the sum specified in ConditionR(1) for parks and recreation Conditio nR(4)for solid waste facilities._aad in Condition R(5) for road and traffic improvements. For purposes of administering Condition R. the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director. upon consultation with the appropriate agencies. [(U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject ro e P PrtY, ] (. [(T)] In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; -29- A00534 0)W)] Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; (U)[(X)] 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; (V)[(Y)] 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 ports are not required; and, (W1[(Z)] 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 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; r (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 -30- A00535 (5) should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. [ INTRODUCED BY: Ars404. COUNCIL MEMBER, COUNTY OF H All -- {awaii f Introduction: December 15, 1995 f 1st Reading: December 15, 1995 f 2nd Reading: January 3 , 1996 ( ive Date: January 15, 1996 APPROVED as to :7121:11 crd GAUTY DE CORPORATION COUNSEL COUNTY OF HAWAII Date_._I/V 6 -31- A00536 I 11 f 10 : 11 • . ii t t t-t1 •'i _ � r 21 ; 11 ,1 1 .11!i 1=1; i ► ; i * 1 ; 3 1 i 1 _ "Iii 1 'PI''t �) �i'i 1. I a , i s •2 - 1 , i s o:fd; i Pilo II I 11 1 1 • fir , ; ttj = : ;.=ii: I' ii liti I u ( �.._ 11�. • f 1 • .. N 7 �• i 11 1 / Ni . ...... •_ .....1 .�. i 1 11 l . I. ', • f 1 I11j11 , !!I lie ....mow • IP 1111 1 �,. �`,w �` �� : ( ' • w • ' liJll'HJ1 � f 1 , if age .:., Ili, _ — I Q • i 1 r • � .. �•,, 1 I / ....• 1 •:•• *Ill M zi..:lr::":::2.1.:.4-4:1: fte CI .... . IT _: -; '\ Ji --'—�r �I r i p _•sem (n ..f...d . ,. ,_ • Ce M. N A• ---\ts ...••..1.. •.. ; ;./.1 1.1. w • - H I •11'1 !It t•tpi: , I' !: 111 • r9 1 ! ;ti•.•• }f/ .. 1.. t Ki.•«N•• 1.11 1 1 _` a IIIt11t`• :4s1i11 "' �.' . 91 tf 4I;;$ i:«=1' • 1 1 1+ . I i I i -— .-•-.=tr1� ;�� •• f11 w i�J.-. w. • 1 II[ `. .••% • f II It 14 WI. t. a /sr 1 .. ' i. im— - 14' f; . . 1J � �_ n ...„, ,.... ff I .- 1 ^ r • 1'•..i«•.1i•. ••.«... /;AIM 'Z. .• . :j• 1•••. .n1 t• •VI• t 1,all • .+ K ..: '1 i1W 1 ii'• i t• 11•••••• /Lf :('..1: A ..*' t' ,� 11111 1 �lt<ilig •f.�•••Iwy~1 «..r.t. j •• 1 1 1 ] ~ 0 0 5 3 SII \ w 1-IIIM 1 1 • s. _ z z 1_ • z `.- `` � 1-• D --\ W 1. - ( . ... .. . . i-----• ) • " !:---.741'-------•--- . .--- -•-•/ •-• •••••ff-.: 4:-/l‘nr.i.:::i. i :1:-.r. _LO, j . :i.z,„); \ . • 4'.:1..., -.• .•..4 I._...: .. '1• .) a Wa .:-/>-T,f,"\ •: ( III : , .• • " ...*.• . - ' •4 A4 ,` i�� �,,,� : "C f�1•/•-•7 y� j �'rii'I �y��4,0 4 •�11���;.�r. q•. l /.: _ ;: W = fl-1: 111(.51)1,1 ,•ir 1. ,;fie}1�t.:tarn eat..-, !1i ! X14 Al'44, *.:.7,1.21, sto:stw-amilir pi 7iNc--7.ex• :; •' , '_. 1. ,�.— 1111 tl�k)� fib . . `. , ! _ �P �••....�,�i��'' ,4$(41, �; =,�j:`t./�:j ���� (1) • ..l)11\„e, OIp 1 , .Y .\;' 6\ 1 ;, �.� �� : tsdl. ,,,; , , W li , .1!ra, ;-..15/113araalifi: .e .,:_„•pi.... .e. .1 .,:eAyir, - 0 .v.7,410,,,V0,i,i 4., 6 - , , ,,, c( ' :/ ?r.%?lb op rf .. ... .5...., ; ,•.- . 2.4-14,14.174.. ..riv.. ..t7:: ..,.. ... ,, i i.. , 1 ri Ilti.. ..... —J 1• ...s1.14 4 ...t•. . . . .1 •...1 . %"-'is 1 . . te-i' •% -ITiVi. -4ti&--'. .• ' / • a% • LIS ' V )•.' (4 ° PL% VP-Iffilah 447.1..1-I.: 1 --1.4:'ca -' . ..,,;* UJ kgA ;'' •-. r--. co ' eitli2 . 6(7% ' • . .. : : . '. 1 ;:). -17,)-1'4,11,:iii:.-,. ..,.'31.,.., •.,": • 1 Va !ip •:• ". Ili Lli•;,.:-11-14. 1- it . tt,:. I:4•1‘i. •;010-„,C:i v- ;•.;, ./IYI:.!, 1 :!. „ .1 y .:i...;641 rf ..,^.-.• .;-. X .LU i __,./2... .. , ;1 t 1,-;•• : . ,._/- .. ..... . •f ) ' r) ... . .. • ..:...-._:__,„ 1 j • ..-jr j I .• • )1 ..114705-4P.vcie r1197. ..N. : -41:41i /f'Ay ,•...- h..:,..A. ... E,..„: .i i .‘ i ; , . i_.i. , . ..,..4.....L.•:. .1_1..i.:, 404,0,-;--..., -. ., ,,iir.46s. , • .., ---,.,% ,.; : 4• .. , ,-. -1 - N.•\_ •• .• . ...2_,, __, , ,..,..... ..„... . • — .. . _ ,. .. • • ....: . 7 - --' \ . • ... ... ,. l >t. rlma • �•J .) y ' _� _ c 1I . • •:I.•~- _y,. J I, :i• •t• 1/• • r-/). .•�1 i •'®� .. • 1,. 14 OFFICE OF THE COUNTY CLERK County of Hawaii [� _ Hilo . Hawaii R EC . ,:' F ( DR J1W)16 fill 7 57 r"FICE ': =ROLLCI YpTE COUNT I' OakY7t•tifAINOES ABS EX Introduced By: Takashi Daningo Arakaki X Date Introduced: December 15, 1995 ( Bonk-Abramson X II First Reading: December 15, 1995 Published: N/A Childs X De Liao X REMARKS: DomingoX Osorio X Rath x Ray x Smith X • 7 2 0 0 ( DRAFT 6 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996- Returned: January 16, 1996 Arakal" X Effective: January 15, 1996 Bonk-Abramson X Published January 24 , 1996 Gilds X De Lima X 1 REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. Ofijr. A464" /, COUNCIL CHAIRMAN 410-1,1.2.- „Aee____ __________ COUNTY CLERK Approved this �" day of d`I ,i99'G A00539 C61,L, ,/ ,/ ii4 1OR,COUNTY All Bill No.: 181 (Draft 6 ) Reference C-821/PC-91 Ord No.: 96 8 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 158 (Draft 5) 96 7 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI , KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-12 : 4 , 11 AND PORTION OF 3 AND 8-1-4 : PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-87, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A-1a) : PARCEL 1 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5 , 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South: 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S . W. Makahiki to aP oint : ( Thence, following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the right with a radius of 470 . 00 feet, the chord azimuth and distance being: A/1 ((�� ((�� 005el0 EXHIBIT C 2 . 316° 23 ' 15" 424 . 98 feet to a point ; 3 . 343° 16 ' 839 . 35 feet along the remainders of Grant 2029 to S . W. Makahiki, Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: r 4 . 329° 59 ' 30" 473 . 03 feet to a point; 5 . 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270 . 00 feet, the chord azimuth and distance being: 6 . 345° 33 ' 1224. 95 feet to a point; 7 . 14° 23 ' 350 . 20 feet along the remainder of I Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 8 . 354° 32 ' 30" 699 . 21 feet to a point; 9 . 334° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point; Thence, for the next three (3) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : -2- A00541 10 . 66° 00 ' 770 . 00 feet to a point ; 11 . 74° 30 ' 930 .00 feet to a point; 12 . 67° 00 ' 285 . 65 feet to a point ; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall : 13 . 179° 00 ' 416 . 28 feet to a point; 14 . 149° 00 ' 221 . 00 feet to a point; I 15 . 52° 00 ' 205 . 00 feet to a point; 16 . 67° 00 ' 304 . 00 feet to a point ; 17 . 80° 00 ' 573 . 00 feet to a point ; 18 . 102 ° 00 ' 259 . 00 feet to a point ; [ 19 . 136° 00 ' . 441 . 00 feet to a point ; 20 . 120° 00 ' 641 . 00 feet to a point; i21 . 137° 00 ' 256 . 00 feet to a point; 22 . 168° 20 ' 1123 . 00 feet to a point; Li 23 . 163° 30 ' 456 . 00 feet to aP oint; 24 . 206° 00 ' 214 . 09 feet to a point; 25 . 243° 00 ' 693 . 46 feet to a point; 26 . 193° 00 ' 282 . 00 feet to a point; 27 . 222° 00 ' 513 . 00 feet to a point; 28 . 210° 19 ' 324 . 00 feet to a point; ( 29 . 198° 00 ' 497 . 68 feet to a point; 30 . 181° 00 ' 307 . 60 feet to a point; [ 31 . 258° 00 ' 140 . 74 feet to a point; 32 . 188° 49 ' 30" 106 . 80 feet to a point; 33 . 170° 53 ' 443 . 95 feet to a point; �__ -3- x00542 [ 34 . 268° 39 ' 20 . 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35 . 272° 51 ' 57 . 35 feet to a point ; 36 . 267° 36 ' 189 . 05 feet to a point; 37 . 269° 43 ' 203 . 15 feet to a point; 38 . 275° 15 ' 223 .35 feet to a point; Thence, for the next three (3) courses following along middle of stonewall and along Royal Patent 1098 , Land Commission Award 614 to Charles Hall : 39 . 268° 14 ' 434 . 20 feet to a point ; 40 . 275° 04 ' 236 . 30 feet to a ;oint P ( 41 . 262° 13 ' 206 . 40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less . (Refer to Parcel 1 as shown on [j Exhibit "A" ) . SECTION 2 . Section 25-88 , Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district ( classification of property described hereinafter as follows : The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st , 2nd and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-la) : -4 - A 0 0 5 4 PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1587 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU CHAU" , being 601 . 01 feet North and 2 , 479 . 11 feet East and running by azimuths measured clockwise from True South: 1 . 334° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to apoint : Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign • Missions and Grant 1176 to Kini on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being: 2 . 298° 34 ' 831 . 43 feet to a point; 3 . 262° 26 ' 397 . 26 feet along the remainder of ( Grant 1176 to Kini to a point; ( Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: 4 . 277° 14 ' 329 . 53 feet to a point; 5 . 292° 02 ' 85 . 32 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 30 . 00 feet, the chord azimuth and distance being: 6 . 337° 02 ' 42 . 43 feet to a point ; 7 . 22° 02 ' 35 . 26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainders of Grant 1176 ( to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705 . 00 ( feet, the chord azimuth and distance being: 8 . 6° 12 ' 384 . 70 feet to a point; 9 . 350° 22 ' 60 . 05 feet alongthe remainder of Grant 1177 to Kamakahiona to a �. point; Thence, following along the remainders of Grant 1177 ( to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: 10 . 6° 42 ' 30" 362 . 96 feet to a point; 111 . 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a ( point; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to [ Ialua along a curve to the l left with a radius or 705 . 00 feet, the chord azimuth and distance being: 12 . 6° 06 ' 411 . 07 feet to a point ; 13 . 349° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point ; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: -6- A00 5 14 . 3° 07 ' 311 . 35 feet to a point ; 15 . 17° 05 ' 307 . 17 feet along the remainders of Grant 14.64 to Ialua and Grant ( 1576 to Lohi to a point; Thence, following along the remainders of Grant 1576 to Lohi , Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole ( on a curve to the left with a radius of 1130 . 00 feet , the chord azimuth and distance being: 16 . 349° 47 ' 1036 . 55 feet to a point; 17 . 322° 29 ' 272 . 49 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870 . 00 feet, the chord azimuth and distance being: 18 . 352° 50 ' 30" 879 . 41 feet to a point; 19 . 23° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146, Land 'Commission Award 8452 to A. Keohokalole to a point; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: L_ 20 . 78° 08 ' 30" 958 . 38 feet to a point; Thence, following along middle of stonewall and along F Grant 1162 to F. 0. Shulze, the direct azimuth and fdistance being: L _ 21 . 57° 14 ' 50" 1532 . 00 feet to a , oint ; P -7- A00546 Thence, for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole : 22 . 160° 00 ' 200 . 00 feet to a point; 23 . 149° 00 ' 452 . 00 feet to a point; ( 24 . 160° 51 ' 628 . 00 feet to a point; 25 . 152° 30 ' 327 . 00 feet to a point; [ 26 . 182° 19 ' 313 . 00 feet along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27 . 171° 27 ' 400 . 00 feet to a point; 28 . 161° 20 ' 606 . 00 feet to a point; [ 29 . 175° 16 ' 440 . 00 feet to a point; 30 . 182° 42 ' 30" 1190 . 00 feet to a point; 31 . 155° 00 ' 489 . 00 00 feet to a point; 32 . 181° 00 ' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for [ Foreign Missions to a point; 33 . 153° 00 ' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American [_ Board of Commissioners for Foreign Missions to a point ; 34 . 179° 00 ' 126 . 72 feet along the remainder of Royal Patent 1670 to John D. ( -8- A0054 Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point; ( 35 . 247° 00 ' 285 . 65 feet along Grant 1651 to Charles Hall to a point ; 36 . 254° 30 ' 930 . 00 feet along Grant 1651 to Charles Hall to a point ; 37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John Peters to the point .of E beginning and containing an area of 372. 010 Acres, more or less . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof herein after referred to as "subject property" ) . SECTION 3 . 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 . B . The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District . C. The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property with the acceptance of the prevailing facilities charge for ( the 499 units of water by the Department of Water -9- A00548 Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the 500th lot within the development area, the applicant shall secure the necessary "Water Commitments" and comply with the Department of Water Supply' s "Water Commitment Policy" for the remaining units of water for the proposed subdivision and golf course development . D. Subdivision plans for any portion of the subject property for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance . E . A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable . F. All electrical and communication utilities and systems within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site . G. A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property. -10- A00549 H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans : 1 . an archaeological data recovery plan for the sites to undergo data recovery, 2 . a detailed interim protection/preservation plan 1, for the sites to undergo preservation, and 3 . an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. T. 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 1 archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of -11- A005 '60 Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to and approved by the Planning Director prior to final subdivision approval, or any land alteration activity, whichever comes first . The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and ( shall include mauka-makai and lateral shoreline l-- accesses, parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements; provided, that the construction of the coastline park and access ways shall be subject to ( the obtaining of all necessary discretionary permits (e.g. , Conservation District Use Approval, Special Management Area Use Permit, etc. ) ; provided, further, that the applicant shall be responsible to comply with the following terms and conditions : 1 . An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from -12- A005o1 L_ the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; 2 . Upon opening the first phase of the park area, a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular ( and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the figeneral public and residents alike . The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and I 3 . The public shoreline access plan shall also { integrate where appropriate, any public accessway(s) to interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district . -13- AOO5 62 L. Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails; provided, that restrictions will be ( allowed to be established by the applicant, subject to the approval of the Planning Director, to promote ff public health and safety and the general security of the premises for residents and guest of the project to protect the area' s pristine condition, and to [ minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facilityforpublic recreational use in accordance with the above terms and conditions . This tI condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed LIpublic highways or ' trails as defined in Chapter 264 , Hawaii Revised Statutes; M. Roadway improvements and access (es) to the subject property, including all plans and construction, shall meet with the approval of the Department of P P Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject Fproperty, the applicant shall : __ 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki ' i Street intersection; -14- �__ A 0 05 3 2 . determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the [ applicant ' s reimbursement to the county for the II acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consistingof two P lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki ' i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; 4 . construct the extension of Haleki' i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the -15- A 0 0r Department of Public Works . If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki' i Street improvements . The purpose of this condition is to prevent the use of Haleki' i Street as a vehicular thoroughfare [ between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and 5 . provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections 1jbetween the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by• the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such Fmodifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein -16- A005b i and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or [ landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to the subject property; N. In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply,PP Y, if • applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other [ security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements . -17- P, 0 0556'� �' r . ..� 0. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads . The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for ( each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments . If the subject property is subdivided in two or more increments, the amount of the fair share Icontribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the (( number of additional proposed lots in each such ( increment . The fair share contribution for each L lot, except for lots larger than ten acres in size or which are committed exclusively for golf course ijand park purposes, shall be based on the maximum allowable density of building sites as determined by [ the zoning of such lot . 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 g nca.es shall have a maximum combined value of $7, 239 .16 per lot. Based upon the applicant ' s representation of intent to subdivide and develop up to 400 lots, the indicated L total fair share contribution is $2, 895, 664 . 00, however, the total amount shall be increased or f reduced in proportion with the actual number of subdivided lots according to the calculation and Ipayment provisions set forth in this Condition 0. f ' The fair share contribution shall be allocated as follows : 1 . $3, 490 . 85 per lot, for an indicated total of $1, 396, 340 . 00 to the County to support park and (-_ recreational improvements and facilities; 2 . $168 .40 per lot, for an indicated total of ( $67, 360 . 00 to the County to support police facilities; 3 . $332 . 61 per lot, for an indicated total of $133, 044 .00 to the County to support fire facilities; 4 . $145 . 62 per lot, for an indicated total of $58, 248 . 00 to the County to support solid waste ( facilities; 5 . $3, 101 . 68 per lot, for an indicated total of , $1,240, 672 . 00 to the State or County to support road and traffic improvements . The fair share contributions 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 and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. The cost of constructing the improvements required in Conditions J, K and M shall -19- A00558 be credited against the sum specified in Condition 0 (4) for solid waste facilities, Condition 0 (1) for parks and recreation, and in Condition 0 (5) for road and traffic improvements . For purposes of administering Condition 0, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies . ff P. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. Q. 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 LIOrdinance . R. 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. -20- AOO5 9 S . 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 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 EJ 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. 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 or more appropriate designation. -21- '� �y A0056 L_. SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: /60446,41001LZ COUNCIL MEMBER, LINTY OF HAW I Hilo, Hawaii Date of Introduction: December 15, 1995 Date of 1st Reading: December 15, 1995 Date of 2nd Reading: January 3 , 1996 Effective Date : January 15 , 1996 A►"''O"ED as to DEPU _ •• - I cc IanrJHi) Date III L_. -22 - A00361 • Y i tj d s: # 4 f : S t _ I. i = : : : : : s nt _ t • I lO = 1 -: IfItill / :i! G 1 : W3 - Uzi ! 3 lt { : 3.;is f ./ t ii'.;s r "' .. = iis : # 1sti ; - i# llr;zs s !i" 1= : l 4.= f, II VII" I [, •\ :. ..f r `` , n s 1,, 11 1I 1. t/jiii 1' i . /,, ....-7:17—.—_-----T U j I le pi 0 PI y ' I • t ilj i , . A -I: -------•---Li ........."." f ..."'"". "•••••• .....4 I" ./.7 i ..'.." ...:...... •.. ••••11 . t. .. ........'"......'....'..... 7:1; .••••,..... •••• (11:1_/:::117:4:41. 1")...1: .''''. 1 ,, . .. s w r rf .. �� ` "t, st. • I i ......•••••• —•—••••••-s• -•="". 8. d ............ ........ ,.......••••....... ......"r" ' .......• Pi 11,:\ ' '" 1. �_ .r�-�� i: r/r/ I i ..) I(.........4 /11 i ;:I t 31 4' = 1 A AA ).1 i i "t ••• 0 / ' i lAT . ..•? !ii 8., • 601 d . _, ...._....., _. _ ___ ...,-_____ ,.. , . •. / _ . „ , -'L.1 _. ▪ ,: • j Wit_�� ...... a , ,. , i , I Pa 1_ yam. ~' ...� �� :� 1 . i (';�FI �''v '1 1 ! ' i ' -1� ,' : .. n /, ,�. 1:• it r/C1 _ Z z • •-� a .% :. co W CO , . , 1, t .. ''.1.1..t....7 \, .'; ' C \ '. ( i. . '. 7-41-4,...i.... , •••- - r•'..‘ ',*1 .4 ---•!.,••• ""\-•:,..J3 • I % ter•-• t .• . . i , -;•) l',.' •.•' i_ ::.__ _„,„„‘ • .____. , . „..... )-••• :,.A . /07:,..4.:-..... .,:t...4.:: ...,..... . . ...... ....„ l". I 11'11 '''\ \ 1•,:--' - ''.6 /•- V � • I' ..;� 1 ; r I) '1 , I! ,N , ' ,- ,.O)y/// 71i�t � ; may %'.•. • .' s• 1 :"11.111 ` i , , vi4 d , / fl4" /"i- V �.!••• •••• ;% I ' '�i y 4.- '!, 5- • `• t �, t ••vy� r .,'/�l' •l>>�1);� � J ; ,��� :�N!llf�� !'"�;� . Ott{,� `�'� ' III , > y .iF t. f, ; ',';. ./'' ) mj I�'"moi i .t •\l'il la,, ifrl' r 1-1;,--4 -4';'74 �' ' 1,.1.j 1,�% ..■ice. : ` 7:0—." •! 'ol jcy f� LJ �1 j/isPAM .i h Art i3▪* ' ' •as.--- :s -. Au ki--.1,11, .• . I.,c •:..1. i .:,/ ,t , , if _v.., 4-‘1•;1*-Pfrrg-•• P. c. 'N•71 -' •••••. JItgi Aqf •• yr,. 1›,?1,412,./21 oirD11444 ' - .• • -"I .* ...,_ ktillit. Mt _, be = 1.0,•4411141.:. .4,. l'icic.1\ .'• , -.1.-,•-• -.A LI • i.. }I \�. ;,.1, 1 IAN '..• J �>7`! I} I :• J -'.�ice: :. J./ /,)Vi. ..t..: .r., .z i .;L:wta cemo--A i .int ...414„;;;tifzil . ,,,,„ . - • ' • 1 / ) 1 - fir .;-.1-0'1.7„,4,14 IT I lL.._ .. ���/ 1 •o :fig _‘___Q• •• • I ' Priir . rat'ire Y llir N 7•1'• '1 •°*/iy/ .....- .111 ..: ' . —'r . , . • •r• ' ._... 1 :~�'.��- '[r.. `•I f I •_,• - •r ~- .e ter.r.// • i , • :4,\:.........22-----7-,,, : ••:....'N *C •-.1 i-.4.- 2- t .w ;4 iilLa.,. t , ._ J , 41: .. , -..:••••.r.r• .f .1 i ' '-::-.4:- . .Oroli. _,-, ..r. Is.• k•,::.14:1" • ' ' (... ,/ . ! i 1. , r I rl' - ezo !MI - 1 * %: ' —• • rig*. • "v4iiterVa - le"--- - -.1 4t6 :- . - , II • :I: • ;77-7--f---...(...., : r.:., ' � !/- S — ' I ? ' ) c ... b• °�_• •f es ! °�0 ..f.."'.7''P f•-1 I • ..' :T-•": .1 e .:.•..,..-p,,,,,•2 . ....4,1 Mialartak • ) , - . . ..1 - • g J••• ZIA.g •4_e. ;Ilk ..#1 .,......\.1 Ida i,$.4..........c./ ... • 1 • .1: ,,- ) , : . -----)... % ti-• I, 1 N .; . . A • 140.� t1 .1,11,. • .1 "' t LL- 44.1 ` C ti ° 0I"1 ,. • ,..- - e. 1i�� d.l...( r ti.. ,.' • -1• v\ :�«". , "�* N•,t iJCn cc a.',4t`, =�:-. •`'.l O AOO5 63 I— �.. • , • • 1, -_ W -. , . • / . % CD LU • . • g • • • ski `\ iT,—.z.. • ^= ' i . ' . .,.._.'.'�• �` ,.". .. SP o! i i. •: ..��/(.:-t .,. , f r , fVia. r r7 �■ . ci • " \'`�,.-\—'::a .� / • .Vii' "... \ 1 111• �•; •/-%J-u #, nl:;j ,;,:4Z•, �`.1. (114,1. .1l♦* '' t�• ` �')vii .. • j . ;' % ,O....-.Z , ..� 11 ': . . 2„t.,,i;. . , •,•• .". .1—;--ii,1•:,-•r,. ..... vi r r ,tI. ' ., �• r j;if •�1!'1V\X'. 1.,111!/ �• 14:. \ �� 1`111)11 LF'l: r I- 7'‘i f'.-)'.-t' i• 4:- , . . . •.„ , S.: ",11'.,. i \ ,:p,4,,Nr..44 •••;,fi• i- . •c• ,ziy • 01 :• i • , '„� 4. 7: .'.-% 7 rig;c' ��1\ • W. . . . , �r • -. �,, „ iff .. .. . . • .. .• .:,„....„ ._. '= i ,f i . • i Vit: �:q�.1.•%.•_•$U„tir•,..% 1-.....1 . , i •., '.1:),!. II. ..•c it �� ., i , . \ (7 . :•:1 • i•1...s„ A‘,.. i. ) •k • --•----.7- --.. ---,.; ..„7,4.. ....3%.,.. I ! ? is .• • . . a 1 . r-. � i: .` _ \ra iia ,/-:4..-77-,-- .'... i.. , .7 -- 7: .. ' 1 1 r;;IT:7",/7'0 A t.7-10.Ai z;. •. •a.:.,- : 1 ),.. _,,„.-..-z..... .. v. " ..... CV _ - 5 \sz:::::-.*-70:4; • [ - 5.......„,...7 ..•..1.. f.1 .;.. ,-II •••.._.,c.. :,...‘i....J. . .„1....,;1 . .7. _J....NS:L. --.. ss....1.-:-?....N,.--,77...A,'iss.. „......:r.s".....,Wit .:, I,/ 01 _�`y{'� _ ._ . , /"/ 1'�.• ,!" .1• I !( .mss, r i' - �..r' /�,�.• . .......4.... • • • �rPlr` ..... 11 • • co - 1C y' } �'*SI Q f % ;/ .i' / ,) =tiu'1 • 1:43144 S. •r ., . Vii.. C1 l..._ 51 A r ,: i•-•-••••• C CO • ,:;,..,...••••-c :t •":a , r:`' �`- (R...,�R'.'J.11 W.4CS11S(W,._,,,4133 ....r,-;:------- • :. ;� ,••‘•\‘‘.,, ��� •�\•:, . )),•) 4,./1r4 - X.,, 4i gvim.r ' • t I.._._ shy 0 0 6"'5 i , / 1 4 OFFICE OF THE COUNTY CLERK County of Hawaii C Hilo , Hawaii R E (DRAFT 4) '96 JON 16 illi 7 57 13 .ALL VOTE C LE R 1� AQ'M N T NOES;..w NOS EX Introduced By: Takashi Domingo Date Introduced: December 15, 1995 Arakala X Bonk-Abramson X First Reading: December 15, 1995 Childs X ( Published: N/ADe Lima X REMARKS: Domingo X Osorio X - Rath X Ray X Smith X 7 2 0 0 (DRAFT 5 ) ROLL CALL VOTE ISecond Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996 Returned: January 16, 1996 'mak' X Effective: January 15, 1996 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X LOsorio - X Rath X [ Ray. X Smith X 7 2 0 0 fI DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. f /4: 34A's" -ae (_--g----, COUNCIL CHAIRMAN COUNTY CLERK 1 Appr ved/Bissrpprovrd this �� day of , 19 . A00565 / / 4,,,L) 'DR, COUNTY / ►: WAI1 Bill 158 (Draft 5 ) Reference: C-734/PC-88 1 Ord No.: ( n Stephen K.Yamashiro % `?•r'".A Sys MOYOr atunfU of Atitinii PLANNING COMMISSION 25 Aupunl&recr,Room 109 • 1111o,Hawaii 96720.4252 (808)961.8288 F. (808)961-9615 SZRTIFIED MATT, ( November 5, 1993 Mr. Richard Frye, Project Manager Oceanside 1250 74-5620A Palani Road, Suite 200 Kailua-Kona, HI 96740 Dear Mr. Frye: Change of Zone Application (REZ 93-5) t, Request: Agricultural-5acre (A-5a) and Unplanned (U) to t Agricultural-!.acre (A-la) ; Use Permit Application (USE 93-2) Request: 27-Hole Golf Course, Golf Clubhouse, Driving Range and Related Improvements Special Management Area (SMA) Use Permit Application (SMA 93-1) Request: 27-Hole Golf Course, Driving Range, Public Shoreline Access and Related Improvements Applicant: Oceanside 1250 TMK: 7-9-6:portion of 1; 7-9-12:portions of 3, 4 , 5 & 11; and 8-1-4 :portion of 3 The Planning Commission at its duly held public hearing on October. 27, 1993, voted to recommend the approval of the above-referenced change of Zone request to the County Council. The Commission also voted to approve the above-referenced Use Permit and Special Management Area (SMA) Use Permit applications. The subject properties are located makai of the Mamalahoa Highway, makai of Kealakekua Village, Halekii, Keekee, North and South Kona, Hawaii. The Commission voted to recommend approval of the Change of Zone to the County Council subject to the following conditions: A00566 EXHIBIT D + E Mr. Richard Frye, Project Manager November 5, 1993 Page 2 A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this ordinance or relating to- or connected with the approval of the ordinance. • C. The effective date of the rezoning shall be upon: (1) the execution of an agreement, meeting with the approval of the Water Commission of the County of Hawaii, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject properties within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by- the Department of Water Supply of the required water commitment J payment in accordance with its "water Commitment Policy" within one-hundred-eighty (180) days from the effective date of this ordinance. D. Subdivision plans for any portion of the agricultural-zoned area within the project site shall be submitted to the Planning Department and Final . Subdivision Approval secured within five (5) ears from the effective date of this ordinance as determined in Condition C. E. 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. F. All electrical and communication utilities and systems within the project site shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site. • AOO56 Mr. Richard Frye, Project Manager November 5, 1993 Page 3 G. A Flood Study of the project site shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the Agricultural-zoned area within the project site. Drainage improvements shall be constructed in a manner { meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the residential-agricultural development. N. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval bythe Planning Director, in consultation with the Deartment of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans; (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo rpreservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land J alterations within the project area. 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 it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. A 0 0 5 6 Mr. Richard Frye, Project Manager November 5, 1993 Page 4 K. Access(es) to the project site shall be constructed in a manner meeting with the approval of the Departments of Transportation-Highways Division and/or Public Works, whichever is applicable, for the following roadway improvements which shall be completed prior to the issuance of Final Subdivision Approval for any portion of the residential-agricultural subdivision within the project site: (1) the channelization and signalization of the project site's Mamalahoa Highway-Haleki'i Street intersection; (2) the construction of' the Mamalahoa Highway HyPass, consisting of two -lanes with sufficient right-of-way to accommodate its expansion to four lanes, along its general alignment as shown in Pigurc 20 of the villages at Hokukano Final Environmental Impact statement ( dated September 1993; (3) the construction of ( ) channelization improvements to the Bypass at its intersections with Kuakini Highway, Mamalahoa Highway/Napo'opo'o Road and Haleki'i Street; and (4) the construction of the project's main access roadway extension from Haleki'i Street along the general alignment as reflected in Figure 4 of the FEIS with provisions for a stub-out along the project site's northern boundary to accommodate its future connection Li with the Alii Highway. L. Infrastructural improvements as required under Conditions E, C and K shall not prohibit the Applicant from participating in a Development Agreement or any other agreement together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, appropriate agencies or the County l., Council, whichever• is applicable, to ensure the provision of necessary infrastructural improvements to support the proposed development in a timely manner. M. The Applicant 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 road and traffic impacts, as required in Conditions K and N. N. The Applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to park, fire, police, solid waste disposal facilities, sewer and roads. The fair share p sal A00569 1 Mr. Richard Frye, Project Manager November 5, 1993 Page 5 ' contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced ll proportionally if the residential-agricultural lot counts are adjusted. A pro rata portion of the contribution, based upon the density of the land affected, shall become due and payable, at the discretion of the Planning Director, in the event the Applicant conveys an ownership, leasehold, or 1 controlling development interest in the land prior to receiving its subdivision approval of any portion of the agricultural-zoned area within the project site. Otherwise, said contribution shall be satisfied in I conjunction with the receipt of Final Subdivision Approval of the affected land. The fair share contribution for each residential-agricultural lot shall be based on a maximum density for each lot as I ' determined by the applicant with the concurrence of the Planning Director. The fair share contribution in a I form of cash, land, 'facilities, or any combination thereof shall have a maximum combined value of $ 4 , 701, 205. 74 . In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies) . The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by ' 1 Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the project site. P. The Applicant shall contribute its fair share of costs { attributable to school facilities made necessary by the project, provided that the contribution of Applicant's fair share shall be paid no later than the date upon which Final Subdivision Approval is obtained for the two-hundredth and first (201st) lot of the small lot subdivision. Q. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the ( Department of Water Supply. A005'Q0 Mr. Richard Frye, Project Manager November 5, 1993 Page 6 R. 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. S. 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 a condition shall remain in effect untiloall . ofTthe t conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required, T. An extension of time for the performance of conditions withinthe 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 assigns, and that are not the result of their fault or negligence; of the time extension would not be contrary toathe nGeneral 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 originally granted for period f iti to be performed within one year nmay(beeextended. , a dforoup 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. 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 or more appropriate designation. Use Permit No. 115 is herebyissue course d to construct a 27-hole golf , golf clubhouse, driving range and related improvements. Approval of the Use Permit is based on the following: In considering a Use Permit for a proposed course and re7.:•+-�d improvements, Rule 7ofthe Planning golf A00571 Mr. Richard Frye, Project Manager November 5, 1993 Page 7 Commission relating to Use Permits require that such action conform to the following guidelines: (a) The proposed use will still be consistent with the general purpose of the zoned district, the intent and purpose of this chapter, and the County General Plan; . (b) The proposed use will not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character or to surrounding properties; (c) The proposed use will not adversely affect similar or related existing uses within the surrounding area, community or region; and (d) The prom-heed use will not- unreasonablyburden public agencies to provide roads and t-I:cute,� sewer, water, drainage, schools, police and fire protection and other related infrastructure. Non-conformance with any of the above-mentioned guidelines would require that the requested Use Permit be denied. The establishment of a 27-hole golf course and related facilities within the County's Unplanned (U) zoned district will notbe inconsistent with the general purpose of that zoned district, the intent and purpose of the Zoning Code, and the General Plan, provided adequate mitigating conditions are met. The subject request will provide a form of perpetual open space, thus, maintaining the current open character of the surrounding area to the north and south along with its natural and scenic qualities. The proposed development would, therefore, be consistent with the policies of both the Recreation and Open Space elements of the General Plan which state that recreational facilities in the County shall reflect the natural, historic, and cultural character of the area , and that the recreational use should be compatible with the adjacent areas. The project site is characterized as predominantly pastureland used for cattle grazing. Located makai of the project site on the boundary of North and South Kona is the cinder cone Pu'u Ohau, or Red Hill which is a prominent feature in the middle of the property, near the coast. No improvements are presently being A00572 1 Mr. Richard Frye, Project Manager November 5, 1993 Page 8 proposed within this area, which is located within the State Land Use Conservation District. Also located makai of the project site along its northwestern boundary is the historic Hokukano Village. An archaeological inventory survey of the entire Villages at Hokukano project site located evidence of features associated with the Kona Field System, primarily the rectangular walled fields formed by kua'iwi walls. Other features associated with the walled fields consist of intermittent mound concentrations, terraces and modified outcrops. The Survey located 807 structural and non-strus-tural features which were subsequently organized into 47.. .ites and site complexes, some of which were Jr.. -ited within the golf course project site. Of this total, of these sites are recommended for 7 .sites are recommended for selective preservation, and 2:""' sites are recommended for data recovery. These findings wr-re supported by limited subsurface testing conducted at nine probable and possible burial sites, one agricultural mound complex, and within two extensive lava tube systems. Fourteen sites within the project area were interpreted to be possible heiau or shrine structures, with one major structure known as "Ukanipo". Sites intended for selective preservation include the Kuakini Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the ahupua'a boundary walls. Preservation is [ recommended for all confirmed burial sites, all confirmed and probable heiaus, and all major lava tubes. The Applicant intends to preserve the King's Trail or Ala Loa in its present location, with slight modifications if necessary. Possible burials, if not preserved "as is", will be treated in a manner as prescribed by the State Department of Land and Natural Resources (DLNR) -Historic Preservation ` Division. A detailed archaeological mitigation and interpretationlan P meeting with the approval of' the Planning Director in consultation with the DLNR-Historic ( Preservation Division, is recommended prior to the submittal of plans for Final Plan Approval review of the golf course or any land alteration activities. { The granting of this proposal would complement the goals of the General Plan's Recreation Element which states to "Provide a diversity of environments for active and passive pursuits" and to "Provide a wide variety of recreational opportunities . . . . " These goals will further achieved through the development ofa be program at the propose public play p golf course which will be implemented prior to commencing operations. A00573 • Mr. Richard Frye, Project Manager • November 5, 1993 'Page 9 Golf courses are permitted uses within the State Land Use Agricultural District provided that the affected lands are not classified either "A" and "B" soils by the Land Study Bureau. The Land Study Bureau's Overall Master Productivity rating for agrictiltural use of the golf course project site is Class "D" and "E" or "Poor" and "Very Poor", respectively. Therefore, consideration of a golf course within these State land use parameters is permissible. detrimental grantite g of the proposed use will not be materially to public welfare adverse impact to, the communitys character orbtoantial I surrounding properties. The character of land use in the immediate area consists largely of pasture and vacant lands to the north and south of the golf course project site. Located makai of the project site on the boundary of North and South Kona is the cinder cone Pu'u Ohau, or Red Hill which is a prominent feature in the middle of the property near the coast. Also located makai of the project site along its northwestern boundary is the historic Hokukano Village. Pu'u Ohau and Hokukano Village or located within the coastal portions of the affected properties and designated Conservation by the State Land Use Commission. 11 Located to the east (mauka) are the Kona Scenic and Keekee Estates subdivisions and the town of Kealakekua. Approval of the proposed golf course in this particular location would expand on the open space character to the north, south and west (makai) of the project site, thereby complementing the open space character of the Conservation District along the coastal area fronting the project site as well as I reducing urban development pressure on the nearby historic Hokukano Village. The siting of the clubhouse, driving range, parking ( areas, maintenance facility and related improvements will ! _, consider the historical, open s ace located within and adjacent to the project and. cultural elements ite during approval review. The Planning Department's sGuidelines fora Golf Course Development .will be utilized to assure that adjacent properties will not be adversely affected by direct play on the golf course (i.e. errant golf balls) . In addition, the central locationof the clubhouse and its related facilities will take advantage of the landscaping . elements within the golf course to mitigate any adverse visual impacts to surrounding properties as well as from coastal areas. Due consideration by the Applicant in the siting, height, bulk, color schemes, and landscaping of golf A00574 Mr. Richard Frye, Project oject Manager November 5, 1993 Page 10 course-related structures will be required to mitigate any adverse noise and visual impacts. The granting of the proposed use will not adversely affect similar or related existing uses within the surrounding area, community, or region'. Kona Country Club, a resort golf course located in Keauhou, is the only existing course in the immediate region. The Kona County Club golf course is oriented for resort and public play, Y while the proposed golf course will be oriented toward private membership play. Therefore, it is not anticipated that this approval would affect the operations Country Club. Located approximately p of the Kona of the project site in ohihaleisthe proposed edto the i Golfoh Course, which received the Planning Commission's' ri 1992.. While the proposedapproval in as a private membership course, itlisf Canticipated ourse is sthat athe d r distance of these project sites from one another would assist to negate any adverse affect to the operation of either golf courses. All essential utilities and services required for the development of a golf course and related facilities are or will be made available. Conditions of approval relative to the provision of such services are being proposed. Primary access to the golf course and clubhouse facilities will be provided through an extension of Haleki'i Street. • . Street, which has a pavement width of approximatelyH34 fefe i 34 with gutters and sidewalks within an 80-foot wide et right-of-way. Haleki'i street is currently channelized as a "T" intersection with separate left and right turn lanes at its intersection with the Mamalahoa Highway. Impact Study prepared bythe Applicant foundA trafeic the traffic signal warrant or thipintersection hast been marginally met based on existing traffic volumes. Therefore, it is recommended that signalization of this [ intersection and its attendant improvements bei rov prior to commencing operations at the cs TThe ge. General Plan Facilities Map delineates this Haleki'iStreet 1 extension as a major arterial in a makai, then north, direction to its eventual connection to the proposed Alii Highway Extension. This approval is also conditioned upon the extension and construction of this Alii Highway-Haleki'i Street extension along its general mauka-makai a lishown on the General Plan Facilities Map in accordancent witas h county dedicable standards meeting with the requirements of the Department of Public Works, concurrently with the golf course development. No golf cart paths shall gain access 005 Mr. Richard Frye, Project Manager November 5, 1993 Page 11 across the this extension. Further, the Alii Drive-Haleki'i Street extension shall be open to the public or may be dedicated to the county. To eliminate impacts through the possible future development of residential lots along the Alii Drive-Haleki'i Street extension, no direct access shall ( be permitted from lots adjoining this roadway. Main access to any residential lots shall be from interior roadway systems. The Department of water Supply has issued the Applicant 499 water commitments, which is sufficient to support the golf clubhouse activities. A water assignment agreement and commitment payment will be required from the Applicant prior to the submittal of golf' course plans for Plan Approval review. An "Evaluation of Water Resources for Hokukano Project" was conducted by the Applicant which found that for general demand planning purposes, the proposed golf course would approximately 900, 000 gallons of water per day for irrigation purposes. The Applicant has drilled an irrigation well within the project site to explore the use of brackish water to supplement its golf course irrigation needs. The pilot irrigation well indicated promising results for its possible use as aIbrackish water source for irrigation purposes. In addition, the provision of on-site retention basins and storage reservoirs within the proposed golf course will provide another supplemental source of irrigation water through the use of excess runoff. A condition of approval will require the Applicant to establish an irrigation water source of sufficient quantity and quality to support the total irrigation needs of the proposed golf course, prior to the commencement of operations at the golf course. All other essential utilities and services are or will be made available to support the proposed golf course, golf clubhouse, driving range and related improvements. Approval of the Use Permit is subject to the following conditions: 1. The applicant, successors or assigns shall comply with all of the stated conditions of approval . 2. The applicant shall indemnify and hold Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or AOO5 • Mr. Richard Frye, Project Manager November 5, 1993 Page 12 • relating to or connected with the approvalof this permit. 3 . The Applicant shall provide assurance(s) satisfactory to the Planning Director, upon consultation with the Department of Land 'and Natural Resources-Commission on Water Resource Management and the Department of Health, that a water source(s) of sufficient quality and quantity to support the total irrigation needs of the golf course be established prior to the issuance of a certificate of' occupancy or opening of the golf course, whichever occurs first. 4 . Final Plan Approval for the proposed golf course and related improvements shall be secured from the Planning Director. In the design and review of any improvements, noise and visual impacts shall be minimized through appropriate siting, height, bulk, color schemes, and landscaping. The Planning Director shall determine the related improvements and accessory uses to the golf course not inconsistent with the applicable provisions of the Zoning Code at the time of plan approval review. 5. Construction of the golf course and related improvements shall be completed within five (5) years from the date of receipt of Final Plan Approval. 6. A detailed drainage study shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of plans for Plan r Approval review of the golf course. The Study shall take into consideration the tile drainage system, retention basins and "Reduced Turf" design to be incorporated within the golf course. A drainage system shall be installed meeting with the approval of the Department of Public Works, prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first. • 7. In the design of the golf course, the County of Hawaii Planning Department's Guidelines for Golf Course Design (November 1989, as amended) shall be utilized. The Planning Director shall determine appropriate setback requirements (i .e. building and property line) at the time of plan approval review. Easements for golf course purposes over and across abutting lots, either AOO5 rsi Mr. Richard Frye, Project Manager November 5, 1993 Page 13 existing or proposed, shall not be permissible, except ( as may be approved by the Planning Director.. 1► 8 . The Alii Drive-Haleki' i Street extension shall be constructed as an arterial along its general mauka-makai alignment as shown on the General Plan Facilities Map to County dedicable standards, meeting with the approval of the County Department of Public Works. The mauka-makai alignment of Alii Drive-Haleki'i Street shall be installed prior to g issuance of a certificate of occupancy or golf course opening, whichever occurs first. The Alii Drive-Haleki'i Street extension shall allow for perpetual public use by easement or be dedicated to the county. No golf cart path shall be permitted to cross over the Alli Drive-Haleki' i Street extension, except as may be approved by the Planning Director and Chief Engineer. Furthermore, direct access from future residential lots adjoining this alignment will not be permitted. 9. Intersection improvements at the Mamalahoa Highway-Haleki'i Street intersection, including traffic 111 signals and channelization, shall be installed in a manner meeting with the approval of the State Department of Transportation and the County Department of Public Works, prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first. 10. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for plan approval review. The Plan shall consist of three subplans; (1) an archaeological data recovery plan for the sites to undergo data [ recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alteration activity within the project area. The Plan shall also include a detailed map of known lava tube/cave systems located within the project site and AOO5 Mr. Richard Frye, Project Manager November 5, 1993 Page 14 • mitigative measures to ensure that the golf course and related drainage systems do not impact these cave systems. 11. Should any unanticipated archaeological sites or features be uncovered duringland ion activities, work within the affectedeareatshall immediately cease and the Planning Director immediately notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director. 12. The use of pesticides and herbicides in conjunction with all phases ofoperation shall conform with the 1 applicable regulations of appropriate agencies. governmental 13 . During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices ( utilized during construction projects of the State of Hawaii. 14 . Prior to construction, the applicant shall demonstrate to the satisfaction of the Planning Director that all proposed off-site construction material such as topsoil or sand are being supplied from an approved quarry or resource site. 15. A program for public play at the proposed golf course shall be developed meeting with the approval of the Planning Director, eissuance certificate of occupancy or the opening offthe • course, whichever occurs first. The Program shall include, but not be limited to, the provision of play, at kama•aina rates, at least one (1) da rublic month. y per 16. The Applicant shall establish a housing and which shall be submitted for for review and approval of the Planning Director and Housing Agency together with the submittal of plans for plan a of the golf course and clubhouse. The program shallal l include provisions for on-site or off-site housing for the employees at a ratio to be determined by a study of surrounding housing opportunities and employee needs. (_. The ratio shall be no less than 10% and no more than • i_ . A00 l_ . • Mr, Richard Frye, Project Manager November 5, 1993 Page 15 50% of the number of employees. The program may also include consideration for other alternatives such as { rental housing subsidies or housing allowances. The approval of the program shall be secured prior to the issuance of a certificate of occupancy with the golf course. 17 . A job training program for the operating phase of the golf course and golf clubhouse shall be developed and submitted to the Planning Director for review and approval prior to the issuance of a certificate of occupancy or opening of the golf course, whichever (( occurs first. 18. Comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health and Public Works. 19. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. 20. An initial extension of time for the performance p rformance of conditions within the permit may be _granted by the Planning Director upon the following circumstances: a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, - and that are not the result of their fault or negligence; b) the granting of the time extension would not be contrary to the general plan or zoning code; c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) the time extension granted shall be for a period not to exceed the period originally granted for performance l_ - (i.e. , a condition to be performed within one year may be extended for up to one additional year) . Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke the permit. A0.0580 Mr. Richard Frye, Project Manager November 5, 1993 Page 16 Special Management Area (SMA) Use Permit No. 345 to construct a 27-hole golf course, drivingrange, herebyissued g shoreline access and related improvements. Publlicic Ap Approval of the Special Management Area S following. ( MA) Use Permit is based The purpose of Chapter 205-A, awa ev and Rule 9, Special Management Area Rules and i��d lations , the County of Hawaii is to and, where of [ ' ' possible, to restore the naturalrresourcescof the coastal zone areas. Therefore, special controls on within an area along the shoreline are topment permanent loss of valuable resources and the foreclosure of management options. One of thfor approving 'a deveis thatiopment within the Special Managemente criteria Area r with the General Plan and ZoningjCode. Thetconstcons ruction of portions of a proposed 27-hole golf course, driving range, public access improvement and other related improvements ( within the Unplanned (U) zoned district will not be ! inconsistent with the general and the General Plan, provided padequateurposefmitigatingg Code, conditions are met. 4- The subject 3 request will provide a form of per open space, thus, maintaining the current open characterlof l the surrounding area to the north, south and west (makai) along with its natural and scenic development would, therefore, be consistent�with etheoposed policies of the Recreation and Open Space elements of the General Plan which state that recreational facilities in the County shall reflect the natural, and character of the area, and that the lrecreationalcuse ushould be compatible with the adjacent areas. characterized as predominantly pasturelandeusedjforect cattle site is grazing. Located makai of the project site on the boundar of North and South Kona is the cinder cone Pu'u Ohau, or Red Hill which is a prominent feature in the middle of the y being property near the coast. No improvements are proposed within these areas, which are locatedtwithin the State Land Use Conservation District. Also located makai of the project site along its northwestern the historic Hokukano Village. The l boundarycouseis will not encroach upon lands located pmakaieofgthe projectroree site within the State Land Use Conservation District. A archaeological inventory survey of the entire Villages at A0O581 1 Mr. Richard Frye, Project Manager November 5, 1993 Page 17 - Nokukano project site recommended that of the 473 site and site complexes located, 179 are recommended for preservation, of which 17 are recommended for selective preservation, and 289 sites are recommended for data recovery. With the approval of an archaeological mitigation and interpretation plan by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, archaeological features will be incorporated within the golf course project site through historic parks, interpretive programs and an extensive pedestrian trail system. According to plans, an internal roadway within the northern portion of the project site will provide a public access roadway and parking area in the vicinity of the proposed 8th and 9th holes of the golf course. It is recommended that the Applicant develop and implement a comprehensive coastal public access plan for the review and approval of the Planning Director. With the approval and implementation of the comprehensive coastal access plan and the establishment of the public access area I within the Conservation District, the proposal would not have any adverse effect on public access to the shoreline and would complement the goals of the General. Plan's Recreation Element which states to "Provide a diversity of environments for active and passive. pursuits" and to ( "Provide a wide variety of recreational opportunities . . . . " i • Another criteria in reviewing an SMA Use Permit application is that "The development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not limited to, the potential cumulative impact I of individual developments, each of which taken in itself might not have a substantial adverse effect and elimination of planning options. " The proposed improvements are not 1 anticipated to create substantial adverse ecological effects to the affected area. No endangered species of flora or fauna were located within the project site nor were any special habitats identified. Air emissions generated during the construction phase can be mitigated by existing construction regulations. As proposed by the Applicant, native plant species, such as the Prosopis tree, Capparis, 1 and Wili Wili tree, shall be preserved or utilized to the furthest extent possible for landscaping in and around the golf course. The use of such native plantings will be detailed in a landscaping plan to be required of the A00582 Mr. Richard Frye, Project Manager November 5, 1993 Page 18 Applicant. Applicable and appropriate governmental regulations will be adhered to in the application and use of { pesticides and herbicides within the project site. ( The project site is located approximately300 feet from shoreline. Any potential runoff or dischrge which could reach ocean waters can be handled by existing construction regulations during the construction phase and on-site drainage systems during operations. Wastewater generated by the golf course clubhouse will be disposed of within a wastewater" treatment system meeting with the approval of the Department of Health. As recommended by the Department of Public Works, appropriate drainage systems will be required to accommodate runoff generated by the [ proposed improvements. To ensure that io significant adverse impacts to coastal systems are generated, a groundwater and coastal water monitoring plan(s) will be required. The proposed golf course will not have an adverse impact to cultural or historical resources within the area. An archaeological inventory survey of the entire Villages at Hokukano project site located 473 sites and site complexes, some of which were located within the golf course project site. Of this total, 179 of these sites are recommended for Li preservation of which 17 sites are recommended for selective preservation, and 289 sites are recommended for data recovery. Sites intended for selective preservation include the Kuakini Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the ahupua'a boundary Walls. Preservation is recommended for all confirmed burial sites, all confirmed and probable heiaus, and all major lava tubes. The Applicant intends to preserve the King's Trail or Ala Loa in its present location, with slight modifications if necessary. Possible burials, if not preserved "as is", will be treated in a manner as prescribed by the State Department of Land and Natural Resources (DLNR) -Historic Preservation Division. These archaeological mitigative measures were recommended by the Applicant and it's archaeological consultant. A detailed archaeological mitigation and interpretationlan meeting ing w ith the approval of the Planning Director in consultation with the DLNR-Historic Preservation Division, is recommended prior to the submittal of plans for Final Plan Approval review of the golf course or any land alteration activities. 1 . • A00583 Mr. Richard Frye, Project Manager November 5, 1993 Page 19 Due to the open nature of the proposed golf course, viewplanes within the area will not be significantly ( affected by the proposed improvements. To further ensure that viewplanes will not be adversely impacted, all electrical and communication systems will be placed underground, with the exception of the 69 KV line from the [ Mamalahoa Highway to the proposed substation site. Approval of the Special Management Area (SMA) Use Permit is subject to the following conditions: 1. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; 2 . The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or . relating to or connected with the approval of this permit. • 3. An archaeological mitigation and interpretationlan shall be prepared and submitted for approvalp the Planning Director, in consultation withtheof Land and Natural Resources-Historic Preservation . Division and Hawaiian community organizations, prior to submitting plans for plan approval review. The Plan . shall consist of three subplans; (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alteration activity within the project area. The Plan shall also include a detailed map of known lava tube/cave systems located within the project site and mitigative measures to ensure that the golf course and related drainage systems do not impact these cave systems. A 0 0 5 8 Mr. Richard Frye, Project Manager November 5, 1993 Page 20 4 . Should any unidentified sites or remains; such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock . or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director immediately notified. subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that ( sufficient mitigative measures have been taken. 5. A detailed drainage study shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of plans for PlanApproval review of the golf course. The Study shall take into consideration the tile drainage system, retention basins and "Reduced Turf" design to be incorporated within the golf course. A drainage system shall be installed meeting with the approvale Department of Public Works, issuance ofo the certificate of occupancy oprior to of a [ P Y golf course opening, whichever occurs first. ( 6. The use of pesticides and herbicides in conjunction with all phases of operation shall conform with the applicable regulations of appropriate governmental agencies. 7. During construction, measures shall be taken t minimize the ao sedimentation. Suchmeasureshshalltbeeinucomplst ianceoff with construction industry standards and practices utilized during construction projects of the State of Hawaii. 8. A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to the Planning Director in conjunction with golf course plans submitted for plan approval review. The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses; parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements. Within one (1) year from the date of approval of the final comprehensive public access plan by the Planning Director, the Applicant shall apply for a Conservation AOO58 5 Mr. Richard Frye, Project Manager November 5, 1993 Page 21 District Use Permit; Special Management Area Use Permit and other applicable permits/approvals to allow for the implementation of the recommendations of the approved Plan. 9. The Alii Drive-Haleki'i Street extension shall allow for perpetual public use by easement or be dedicated to the County. 10. Areas of the affected properties located within the State Land Use Conservation District shall be set aside as public shoreline access areas in a manner consistent • with the approved final comprehensive public access plan via covenants recorded with the Bureau of Conveyances. Upon approval of the final comprehensive public access plan, draft covenants which detail the rights, obligations and privileges of the public, the County of Hawaii and the applicant, its successors or assigns shall be submitted to the Planning Director for approval . The approved covenants shall be recorded prior to the receipt of Final Plan Approval for the golf course or the subdivision of any portion of the Agricultural-zoned area within the project site, g whichever occurs first. These covenants shall be encumbrances running with the land and shall be binding on all parties and persons claiming under them. f 11. Prior to the commencement of construction of any portion of the proposed golf course development, an overall monitoring plan on the potential pollution to groundwater and coastal waters shall be submitted to the Planning Director for approval .in consultation with the Department of Health. A Golf Course Best Management Plan and Integrated Groundwater Monitoring Plan shall be component parts of this overall monitoring plan. 12. The Applicant shall prepare and submit to the Planning Director for approval a Landscaping Plan for the golf course and golf clubhouse along with plans submitted for plan approval review. The Plan shall discuss the method of preservation and/or propagation and use of native plants, such as the Prosopis tree, Capparis, and Wili Wili tree, within and around the golf course and golf clubhouse facilities. A00586 • Mr. Richard Frye, Project Manager November 5, 1993 Page 22 13 . All electrical and communication utilities and systems shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site. 14 . Comply with all other applicable laws, rules, regulations and requirements; 15. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; 16. An initial extension of time for the performance of conditions within this permit may be granted by the Planning Director upon the following circumstances: (a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (b) granting of the time extension would not be contrary to the General Plan or the Zoning code; (c) granting of the time extension would not be [ contrary to the original reasons for the granting of the permit; and (d) the time extension granted shall be for a period not to exceed the period originally .E granted for performance (i.e. , a condition to be performed within one year may be extended for up to one additional year) . Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke this permit. These approval do not, however, sanction the specific plans submitted with the applications as they may be subject to change given specific code and regulatory requirements of the affected agencies. • A0058 Mr. Richard Frye, Project Manager November 5, 1993 Page 23 Should you have any questions, please feel free to contact Rodney Nakano of the Planning Department at 961-8288. ( Sincerely, Wilton Wong, Vice Chairman Planning Commission DSA: jdk LOceanOl.PC xc: Honorable Stephen K. Yamashiro, Mayor Planning Director PFR Hawaii, Inc. Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office Office of State Planning, CZM Program w/background Department of Land and Natural Resources Department of Transportation-Highways Division Department of Parks & Recreation 1,1 Fire Department Police Department Department of Health Department of Education Office of Housing and Community Development Plan Approval Section Subdivision Section A0058 1 Strtdteo K. Ynranst(iro `� . • ; � ) • candy. of lat ruii PLANNING COMMISSION 25 Aupnd Stretr,Root" 109 Ililn lhww(( 96720.42.52 (ROR)961-8288 Fax(808)961-9615 [ CFRTII:IC1) MAIL 2 416 223 850 ( September 28, 1995 ' R. T. "Dick" Frye, Project Manager 1250 Oceanside Partners 74-5620A Palani Road, Suite 200 Kailua-Kona, III 96740 Dear Mr. Frye: licant: Oceanside 1250 dba 1250 Oceanside Partners ial Management Area Use Permit Application No. 95-3 1...ynest: To Allow Development of Portions of a 730-Lot Agricultural Subdivision and its Related Improvements LiXAlapYn.:7-9-12:11 and !Ionians of 3 an“; 8-1-4:Portio11s)[3 The Planning Commission at its duly held public hearing on September 14, 1995, vc tes! approve the above-referenced application. Special Management Area Ucc (SMA) Permit Nor 3s hereby [ issued to allow the development of portions of the proposed 400-lot agricultural subdivision and related infrastructure improvements and facilities on approximately 110 acres of land. The application represents a portion of the approximately 1,540 acres master planned community knows, as the Villages of hlokukano. The property is located makai of M amalahoa Highway and Kealakckua Village, Ilaleki•i, Keekee, North and South Kona, Hawaii. Approval of this request is based on the following: The purpose of Chapter 205-A, Hawaii Revised Statutes. and Rule 9, Special Management Area Rules and Regulations of the County of Hawaii Planning Commission is to [ preset ye, protect and, where possible, to restore the natural tesouiccS of the coastal zone areas. Therefore, special cum ols un dcvcltlptncnt within an area along the shoreline arc necessary W avoid permanent loss of valuable resources and the foreclosure of management • [ options. One of the criteria for approving a development within the Special Management Area (SMA) is that it is consistent with tate General Plan and Zoning Code. The subject area is designated for Orchards attd Extensive Agricultural uses by the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The applicant's proposal to develop agricultural lots one-at:te and large) in site is consistent with the Genet al Plan Goals, Policies :ut(I L _ x00589 [ EXHIBIT F • T. "Dick" Frye, Project Manager Oceanside Partners _de 2 LUPAG Map. Such agricultural-type of development provides o residential and limited-scale agricultural activities. The project sitei has historically been ities for a mix f marginally used for cattle grazing purposes. The applicant is exploring options aimed at integrating agricultural zones on portions of the agricultural zoned lots in a manner that would allow for an efficient management operation for select crops and/or orchard uses. It is anticipated that these agricultural zones will be provided to farmers through a leasing arrangement at a nominal cost initially, with the applicant to provide the necessary infrastructural development to sustain such agricultural activity. Along with the provision of residential sites, the proposed one-acre lots can provide opportunities for gardening, hobby activities and reasonable-scaled agricultural endeavors on these marginal agricultural lands. This combination of uses will provide a balance between the agricultural potential of the project site and the residential and commercial uses located in the Kealakckua area: •The construction of approximately 100 agricultural lots and related farm dwellings, related • infrastructure improvements, trails, signs and landscape improvements associated with implementation of an archaeological preservation program within the Agriculture 1-acre (A-1a) zoned district will be consistent with the general purpose of the General Plan, provided adequate mitigating conditions are met. Zoning Code and the The subject request will be compatible with the proposedolf cour smaintaining the current open character of the surrounding area to golf nnorthe outhdeve(amiide�estn (makai) along with its natural and scenic qualities. The proposed development would, therefore, be consistent with the policies of the Housing, Land Use Agriculture, Recreation and Open Space elements of the General Plan which state that recreational facilities in the County shall reflect the natural, historic and cultural character of the area, and that the housing, agriculture and recreational use should be compatible with the adjacent areas. Another criteria for reviewing ng the SMA Use Permit is that, "The development will no( have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety 1 .) or compelling public interest. Such adverse effects shall include. but nut tiniitcd to, the potential cumulative impact of individual developments,.each of which taken in itself might not have a substantial adverse effect and elimination of planning options.'" The proposed development is part.of the Villages at 1-lokukano master planned community. The preliminary development plan includes a 27-hole golf course, clubhouse and related facilities, a future members lodge with up to 80-units, an approximately 140 acre coastal park, open space elements and community facilities, and approximately 730 agricultural lots with associated dwelling and agricultural uses, including approximately 100 lots within the SMA. l- - The proposed development is not anticipated to have any substantial environmental or ecological effects. Surveys conducted for biological resources, rse historic and cultural resources, visual impacts, public access and recreation aspects and socio-economic impacts support this conclusion. The goals and objectives of the SMA with respect to coastal, recreational, scenic, historic and economic resources can be met with aapproval with conditions. 1 The proposed project will not have an' adverse impact to cultural or historical l re nurccc within the protect aria An archaeological inventory survey of the entire A00590 • • ' "Dick" Frye, Project Manager Oceanside Partners rage 3 at Ilokukano project site located 408 sites and site complexes. Of(his total, 161 of these sites are recommended for preservation, 17 sites are recommended for selective preservation, and 228 sites arc recommended to be available for data recovery and 2 recommended for no further study. Sites intended for selective preservation include portion of the Kuakini Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the ahupua'a boundary walls. ('reservation is recommended for all confirmed burial sites, all confirmed and probable heiaus, and all major lava tubes. The applicant intends to preserve the King's Trail or Ala Loa in its present location, with some modifications, including possible breaches, as approved by the Planning Director in consultation with the State Department of I.and and Natural Resources (DLNR). Possible burials, if not preserved "as is," will be treated in a manner as prescribed by the MAR-historic Preservation Division. A detailed archaeological mitigation and interpretation plan, meeting with the approval of the Planning Department in consultaticin with the DLNR-I listoric !'reservation Division, is recommended prior to the submittal of plans for subdivision review or any land alteration activities. The project site is situated east (mauka) of the Conservation District which ext along the shoreline and will be retained as a coastal park. The proposed a cads he further buffered from the shore by the proposed golf course, which was agricultural will approved by the Planning Commission. Potential negative impacts on coastal waters during site preparation and construction can be mitigated through compliance with existing •ordinances and regulations. Runoff or discharge generated by the proposed subdivision development which could reach ocean waters can be handled by on-site drainage improvements meeting with the approval of the Department of Public Works. Wastewater generated by the project will he disposed of within a wastewater treatment system meeting with the approval of the Department of Ilcalth. To further ensure that no significant adverse impacts to coastal systems are generated, a groundwater and coastal water monitoring plan(s) will be required. Vicwplanes within the area will not be significantly affected by the proposed ( improvements. The visual character of the subject arca and the areas directly mauka will be low profile, with landscaped dwellings integrated with compatible agricultural uses. The coastal area within the State Land Use Conservation )District is planned to remain primarily as a natural open space with minimal improvements to support park activities. To further ensure that viewplanes will not be adversely impacted, all electrical and communication systems will be placed underground with the exception of the 69 KV transmission line front the Maiiialahoa highway to the proposed substation site. Based on the foregoing, the proposed construction of portions of an agricultural subdivision and other related improvements will not have a substantial adverse impact on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205-A, IIRS, relating to Coastal Zone Management and Rule 9 of the Planning Commission relating to the Special Management Area. Approval of this request is subject to the following conditions: 1. The applicant, successors oe assigns shall be responsible for complying with all of the stated conditions of.approval; A00591 " T. "Dick" Frye, Project Manager -0 Oceanside Partners be 4 2. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or relating to or connected with the approval of this permit. 3. The effective date of this Special Management Area Use Permit shall be the effective date of the Change of Zone. 4. An archaeological mitigation and interpretation plan shall be prepared and Submitted • for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and I tawaiian conmiunity organizations, prior to submitting plans for plan approval review. The Plan shall consist of three subplans; (A) an archaeological data recovery planfor the sites to undergo data recovery, (U) a detailed interim protection/preservation plan for the sites to undergo preservation, and (C) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alteration activity within the project area. The Plan shall also include a detailed map of known lava tube/cave s stems I c. within the project site and mitigative measures to ensure that the proposed o 'tteJ development does not impact these cave systems. 5. Should any unidentified sites or remains, such as lava tubes, artifacts, charcoal deposits, human burials, rock or coral alignments, pavings orSv�t►llell�be bone or encountered, work in the affected area shall cease, and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance frons the Planning Director when it finds that sufficient mitigative measures have been taken. 6. A Natural Resources Management Plan shall be submitted for review and approval by die Planning Director, in consultation with the Department 01 Land and Natur al ( Resources, prior to securing Final Subdivision Approval. 7. A detailed drainage study shall be prepared by the applicant for review and approval by the Department of Public Works prior to Submittal of plans for Subdivision Approval review of the agricultural subdivision. A drainage system shall be installed meeting with the approval of the Department of Public Works, prior u securing final Subdivision Approval. 8. Use of pesticides and herbicides in conjunction with all phases of operation shall conform with the applicable regulations of the appropriate governtmtent agcmR i A00592 • • • R. "l . "Dick" Frye, Project Manager •`) Oceanside Partners . 5 9. During construction, measures ill be. '::l;en to minimize the potential of both fugitive dust and runoff sedini riot(. Such pleasures shall be in compliance with construction industry standarJa .d practices Utilized during construction projects of - the State of I lawaii. 10. Prior to Final Subdivision Approval of any lands within the project site, all overall monitoring plan on time potential pollution of groundwater and coastal waters stall be submitted to the Planning Director for approval in consultation with the•State Department of!kalif:. • 11. All electrical and communication-utilities and systems within the project site shall be - placed underground, with the exception of the main 69 KV transmission line from the Mainalalloa Highway to the proposed electrical substation Site. 12. A wastewater disposal system shall be constructed in a manner meeting whit the approval of the State Department of Health and/or the Department of Public, Works, whichever is applicable. 13. An annual progress report shall be submitted to the Planningn rior teach anniversary date of the approval of this permit. The report hall include,irector but not be limited to, the status of (he development and to what extent the conditions of approval are being complied with. This condition shall remain in effect wt(il.all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports arc not required. An extension of time for the performance of conditions within this permit may be granted by the Planning Director upon (he following circumstances: (A) the no performance is the result of corrcliliuns that could not have been foreseen or are beyond the cu1m(rol of the :ymplicarmt, successors or assigns, and that are not the result of their fault or negligence; (13) granting of the time extension would not be contrary to the General flan or Zoning Code; (C) granting of the time extension would not be contrary to (he original reasons for the granting of this permit; (1)) (he time extension granted shall be fur a pet iod 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). Should any of the conditions not be mutt or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke (his permit. This approval does not, however, sanction:the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. A00593 t. T. "Dick" Fryc, Projcct Managcr 1250 Oceanside Panncrs Page 6 Should you have any questions. please fed free to contact Alice Kawaha or Susan Gagorik of the Planning Depanment at 961-8288. Sincerely, . e Edward E. Crook, Chairman Planning Commission AK:syw f k LOccan0l.PC xc: Honorahlc Stephen K. Yamashiro, Mayor [ Planning Director Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office Office of State Planning, CZM Program w/background Department of Land and Natural Resources, Historic Preservation Division Plan Approval Section Mr. James Lconard/PDR Hawaii Department of Hcalth � .e L . A0059 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 373 1 ORDINANCE NO. 97 36 AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-la)TO RESORT(V-6.0) AT KEEKEE 2nd, ILIKAHI, KANAKAU 1st and 2nd,and KALUKALU 1st,2nd and 3rd, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-88,Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code is amended to change the district classification of property described hereinafter as follows: The district classification of the following subject area situated at Keekec 2nd, Ilikahi, Kanakau 1st and 2nd, and Kalukalu 1st, 2nd and 3rd, South Kona, Hawaii, shall be Resort (v-6.0): Beginning at the Northwesterly corner of this parcel of land at a point bearing 300° 33'20" 399.34 feet from an angle g point on the Easterly boundary of the State Land Use Conservation District, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,636.53 feet South and 1,386.52 feet East and running by azimuths measured clockwise from True South: Thence, for the next fifteen(15)courses following along the remainder of Grant 1745 to John Cavanah: 1. 226' 00' 604.00 feet to a point; 2. 316° 00' 319.00 feet to a point; 3. 3530 00' 80.00 feet to a point; 4. 16* 00' 290.00 feet to a point; 5. 670 00' 275.79 feet to a:io:nt; 6. 157° 00' 50.27 feet to a point; A00595 EXHIBIT G 7. 67° 00' 144.00 feet to a point; 8. 337° 00' 174.00 feet to a point; 9. 247° 00' 105.36 feet to a point; 10. 337° 00' 725.39 feet to a point; I I. 89° 00' 447.00 feet to a point; 12. 157° 00' 238.00 feet to a point; 13. 146° 00' 303.00 fcct to a point; 14. l91° 00' 362.00 fcct to a point; 15. 182° 42' 30" 255.00 feet to theint of beginning g-innin g and containing ( an area of 14.854 Acres. All as shown on the map attached hereto, marked Exhibit"A" and by reference made a part hereof. SECTION 2. This change in district classification is Conditioned upon the following: g II A. The applicant, its successors or assigns shall be responsible for complying with ( all of the stated conditions of approval. B. The effectuation of the water commitment rights in the'Kealakekua Source [ l Agreement to thc current landowners of the subject area with acceptance of the prevailing facilities charge by the Department of Water Supply of thc required water commitment payment shall be in accordance with its "Water Commitment Policy" prior to the issuance of Final Plan Approval. C. Subdivision plans for any portion of the subject arca shall be submitted to the Planning Director and Final Subdivision Approval secured within five (5)year from the effective date of this ordinance. D. Final Plan Approval for thc proposed development within the subject area shall be secured within five(5) years from the effective date of this ordinance. E. A wastewater disposal system for thc subject area shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. F. All electrical and communication lines within the subject area shall be placed underground. G. A Flood Study of the subject aura shall be submitted to the Planning Director in conjunction with plans submitted for subdivision iv' rston or plan approval review, whichever occurs first, for any portion of the 14.8 acre area. Drainage improvements shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision or Plan Approval for the subject area. l H. An archaeological mitigation 8 g on and interpretation plan shall be prepared and submitted for approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision or plan approval review, whichever occurs first. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery; (2) a detailed interim protection/preservation plan for the sites to undergo preservation; and -3- AOO59 (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with arty land alterations within the ( subject area I. Should any unidentified sites or remains such as artifacts,shell, bone,or charcoal deposits. human burials, rock or coral alignments. pavings or walls s be encountered, work in the immediate area shall cease and the Department of Land ( and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient mitigative measures have been taken. J. A Solid Waste Management Plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision or plan approval review, whichever occurs first. 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 within the subject [ area. Approved recommendations and mitigation measures shall be implemented meeting with the approval of the Dcparunent of Public Works. K. Access(cs) to the subject arca shall be constructed meeting with thea rov the De PP al of partment of Public Works. The following roadway improvements between Haleki'i Street and the 14.8-acre subject arca shall be completed in conjunction with the issuance of a certificate of occupancy for any development within the subject arca: (1) tl c ..harmelization and signalization of the project site's Marra,-hoa • Highway-Haleki'i Street intersection; -4- A0059 (2) the extension of Halekii Street shall be constructed as an arterial along its general mauka-makai alignment, as shown on Exhibit "B'. which phasing of improvements shall be approved by the Department of Public Works. If, before the completion and opening of the entire Ma nalajtoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki'i Street,a barricade or breakaway gate meeting with the requirements of the Department of Public Works,shall be installed by the applicant as part of the required Halckj'i Street improvements. The purpose of this condition is to prevent the use of Halcki'i Street as a vehicular thoroughfare between the existing Mamalaboa Highway and a portion of the Mamalahoa Highway g Y Bypass until the entirero osed P P Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened foreneral public B P lit use; (3) the roadway segment from the Haleki'i Street extension to the subject arca fshall be constructed prior to the certificate of occupancy for any 1 development p within the 14_$ acre subject arca. Also, the Mamalahoa amalahoa Highway Bypass shall be constructed in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further,that the section of the Mauraiahoa Highway Bypass between Keauhou and Hatcki'i Street shall be completed and available for public use prior to the issuance of a certificate of occupancy of the proposed development within the subject area. L. In.fVuctural improvements as required under Conditions C, E, F, G, ., and K shall not prohibit the applicant from participating in a Development Agreement or any other agrecmcut tagethcr with the appropriate bond,surety or other security deemed acceptable by the Planning Director, appropriate agencies or the County A00599 Council, whichever is applicable, to ensure the provision of necessary infrastructural improvements to support the proposed development in a timely manner. M. The applicant shall establish a program for employee housing which shall be submitted for the review and approval of the Planning Director and Housing Agency together with the submittal of plans for Plan Approval for the proposed lodge. The program shall include provisions for on-site or off-site housing for the employees of the lodge in an amount to be determined by a study of surrounding t . housingopportunities ppo les and employee needs. The program may also include consideration for other alternatives such as rental housing subsidies or housing allowances. The approval of the program shalt be secured prior to the issuance of a certificate of occupancy of the lodge within the subject area.. N. The applicant shall make its fair shaft contribution to mitigate the potential impacts of thero s p po ed development within the subject arca with respect to parks and recreation, fire, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the,number of units proposed to be developed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final plan approval or final subdivision approval, whichever occurs first, for any portion of the subject area or its increments, if the subject arca is developed in two or more increments, thc amount of the fair share contribution due and payable prior to final plan approval of each increment shall be a sum calculated in the same manner according to the number of proposed units in each such increment. The fair share contribution may be in a form of cash. land, facilities, or any combination thereof acceptable to the Planning Director C- in consultation with the affected agencies. The fair share contribution shall have a maximum comb:nc.i value of$7,965.90 per resort unit. Based upon the applicant's representation of intent to develop up to 80 units, the indicated -6- A00600 total fair share contribution is $637,272.00. However, the total amount shall be increased or reduced in proponion with the actual number of lots/units according to the calculation and payment provisions set forth in this Condition N. The fair share contribution shall bc allocated as follows: 1. 51.942.74 per resort unit for an indicated total of 5155,419.20 to the County to support park and recreational improvements and facilities; 2. 587.99 per resort unit or an indicated total of 57,039.20 w the County to support fire facilities: 3. 543.02 per indicated unit for an total of 53,441.60 to the County to support solid waste facilities; 4. 55,892.15 per resort unit for an indicated total of 5471,372.00 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of Zone, based on the perccnta c ch e g ang m the Honolulu Consumer Pnce Index (HCpn. In lieu of ( paying the fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads will the region impacted by the proposed development. subject to the approval of the Planning Director. The cost of constructing the improvements and the fair market value of land contributed required in Condition K shall be credited against the sum specified in Condition N(4) for road and traffic improvements. For purposes of administering Condition N. the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall bc -7- �V , subject to the review and approval of the Planning Director. Upon Consultation with the appropriate agencies. O. Comply with all applicable laws, rules, regulation=s and requirements, including those of the Department of Health, Fire Department and the Department of Water Supply. P. 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 toward the requirements of the Unified impact Fees Ordinance. Q- 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 arc not required. R. An initial extension of time for the performance of conditions within the ordinance, with the exception of Condition 13, 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 is not the result of their fault or negligence. (2) Grarttin� of e the time extension would not be contrary to the General Plan or Zoning Code. '� -8- A0060 (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). S. Should any of the conditions not be met or substantially complied within a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ff l � O I-MEMBER. COUNTY OF HAWAII Hilo, Hawaii • Date of Introduction: Flebruary 19, 1997 Date of 1st Reading: February 19, 3997 • Date of 2nd Reading: Mich 7. 1997 Effective Date: l 13, 3997 APPROVED AS TO FORM AND LEGALITY • 'tPUTY CORPORATION COUNSEL DATED: 3/'o/7 7 -9- A00603 My illial WI?, _........___, LB N-....p .„,,,,,,,„_ ,. ,,,,, , .i . .. awe' lam. fttl t afi �tv . , . .1. `„ Ii may, trrt It��;;�ii i ,• NO"'Irl a ! �� IW „„, V.. dok / 1•30(} . IV i ..1 :ff :!l A . A-Iw '� A•5.• A.54.• t, 1-. 1�. A-l• [ ' — • 1 / . ) — ' v.. / ,.. y 4 , . �, A-I• c o a ft U. 1....1 1 I 4 O 1.636.53 S A` '4 1.3e6sz E AGRICULTURAL A— 1 x TO "1' RESORT (V.-s.0 O • p x q .n •�: / AREA: 74..854 ACRES - 'wuu otlAU---� A-I. I S E A A±ENDMENT TO TME ZONlNC CODE_ AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE. By CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-10) TO RESORT (v-6,O) AT KEEKEE 2ND, IUKAHI, KANAKAU 1ST AND 2ND AND KALUKALU 15T, 2ND AND 3RO, SOUTH KONA, HAWAII. I - PREPARED BY : PLANNING DEPARTMENT T„K COUNTY OF HAWAII 8-1-acPOR71ON OF EXHIBIT :4'• OC-roeER 9. 199.5 toce.swe •woe . .a A006(1 • • • I ; . '-f, •• .•• ..-.E4E `TTH/b.Lter-3'`, '= •�,: _ :._ ' ' , i • :7 1. •' - -I rte '/•.... .V.tf..1'�=1.11.•r •.•w. i I`t� �,••• t •• ,� i� �. � .••'t•• 4 • T.L.,,,........,. L.,._._,:......: ......, • . . : . .. l, ; . - - . ::- II-. .i-.,4.1,......: ..•-: : ( m -.1k. -.,:.omr. ---,.. -----1---7,y_i. ..-.1.--____---:-. , -::::,:,, . f;.--.-.A r•-: - 1-1--; , _,-.4.4:__ i I x .n • ',.). .{1` ll��'_l� `\�1 ,' ♦i •---,- I J , i tt ` fig)!:-.?)...1• 1 il' i. - .;* , ••�, ) .4 I . . .L i_ .., ,ii -•-moIcC i +-,, ,, :, � ..4...,-C--� �:7.� I••�• �• • f"' .. ItSq.' - -A'fflaye.fraNplisl `Z.-'-.`., :LV44-/ECI-7 =',44t44;%%.4, lu .'f(�1. - ` : . - !.. �!?��. i �.r, 1T-.,•• • � hir •. "4- 0 ICC :4 •'"i. -.It;War-- vi•V‘h-r-4 .insr,z.jok 4fir ..1/,,eirofte _ A .....1 ,j:1--1)‘1. . 1 441: f•;:". - • MI, "t17,,vitack-ofje......totr4.77 ir, I irW* ,,,,Z..- :: %'' , (NZ • • ,p.p... 4,,A? , fii , .. 6.... • iiv,„ > ._ , % .:.,4 r %•-•• •. *".••-••f •l• it._-•44, ,v,-,, .• • 1..-7 t: • '• t• I- .•.. .‘„,..`• tir- . „cool' , % :1 '• ' In I _;-:_t> - i - i .,.. . .-.5 f-'' i IN-... ri.; CO) 0.• 47e. 1r fisi-41' •I lits.s. CT)1 afiV"j a ... .4 ( ,.c• :--f-.... . - r ! - , e.:. • T 7. A '4`�is ~ i tai • -� t • •• , .---' -5•0:1-:e.l•..q ti Pi. - •" , k t'-' .•• ,.••:;1. 1 .- I — `• •l ,; .rt 1 •i •r• . �; •••-r1. ;`w.S�_. f i'Q 1 (1�`� %, ••�r; f' "' �:1 � d t - ! 7.,_ 21-- . • _..„ • 0 / ......,.4 - • . 'el,„ --... • - I---11' i'.---- - `• * • 'S-itilliR rI -• • ," ` • ot ... !_• ♦. ••f ! .• . .. I . ' • • .. 11 .4....."..". 41' fl • • • , ,..•rt.... , : g 4 S. • / . ter• . . ., � a ••' S .�1 • ..I _• _•,... • . .___ , . • . ., . ..• . --L f • • - • f• ' . •� • . • • ' •'! - ` � • � a • •:.•- if ' :- air / rL 'I • /. .� '.:-.--.:-.t.' . .` - ��-��•�� i may. •••- r f i .....".1.1-; .4' lri..--."477:.:;‹ • tr-..s,,..72 ' ( :f.. i "•-:•:--rs• •• .. ,-, ' -:•?:-.:-.17.:1-1-:_._ ( .. • .'-''t '•\4.. t . ,, 1 7.- Jr a 6%4 : . • 1. "--• :a41../......,:a: - •.....r ---. • j...o.E.4..x.r•-• •••••••*A6r , _. f :;-• 4..., ,i fP _.• i Iv ... 3 . . Tter.• )- .. . c. t• •,.* i ' _ •--r• 111.. }.t ii. :')•\ t •— ,-. ,i_• i •.' ..• 7 4 A 0 0 6 0 OFFICE OF THE COUNTY CLERIC i County of Hawaii Hilo , Bewailfl^r. . ''.r �t� • DRAFT S '97 MP. 13 FM 2 17 ROLL CAL •TE. . _• tltlrl+ . : t-• _P" AYES 'fit Introduced By: Bobby Jean Liethead-Todd %� Date Introduced; Feb tta 19, 1997 ----- CArekak hungi X ��� Fust Reading: February 19, 1997 - hung `�� Published: February 28. 1997 Lei thead-Todd ��� LeX REMARKS: Reynolds IIIIIIIIIIINIIIII I Santangelo x Smith 11111111..______1111111111111. 111.111111...1.11111111 Tyler NE!!! 9 tl J 1 0 Second Reading: March 7 1997 ROLL CALL VOTE —_____L___________—_______ r Iv March 7 1997 ^Y>=5 NOES 1 ABS [ ; viavo- .eturned: 19 7 Mafaki X Eticcr-'v e: Ma_ 13 1997 thin X 'ublished Mardh 21, 1997 Lcithead-Todd I Ra ` .k.�1Rfi5: Reynolds X y � ' d f smith • x i - Tyler X ! Ta on X r 8 1 I . 0 1 0 1.,DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as Id:rated above APPROVED AS TO F4 AND LE ITY: •I . to • - - rte, -v DEPUTY CORPORATION COUNSEL ••r CIL CHA1ttMAN COUNTY OF HAWAII _ Doty. 3baq 7 ‹-.l�-- _ ___ , COUNTY CLERK Approved/ a.w4 this 13 ( /}vlU,t_ (lay • 1997. . . a",c.L._ 'OR. comity •FHA WA 1 -t' FIEREBY CERTIFY that above le . Hill No.: 373 (Draft 5 ) true and correct copy of the original Reim-i.e.: C-1474/.1996/pc-27 now on file in my office. Ord Nor 4).--,,,e(2 A00 06 rr....t. Clerk dit / .., k, '-----. \ \ • a* 91f .._._ st \ I \ \\\ , V' • - • \ ei • - 1 1 A •\I) k, ‘*2 ' ) i • s. )1r-R7--11.,w'-.-s--11* , \ voi ril vj - fi MOO\ 'S. ... 1,M11\1111ffj% 1411WL IF) 2 • Attiltwili il 1:40:1 • -, _ imuiL- likpilaTISTAlibslitlis I 4-, i i H It tonti r, ) 1 vt‘ vo043z. tori . \, = I i i'N, ,,„ o... I... ,,,, um s i ; . .. .., 0,04 s sik,14 ..... , ll Apr. .. 3- • -7 ,..- r ,Ifellisrogitiv•i -. -f ,) \ 1\ "Or ss.,00.0.1 *ft ,itAlti._ ,_-'- (st \ I 111•111.110 = 'Oilil I 1 WV I ail=a a 14L%wm. to i i vs.* , Alaws1-12, . tif., ihmtsuatlialAILI ..iiikkorek,katninajtin , visi Iv& . ..0‘7611.4mozioupoiju„..ats, _._„„Avoloomo ,ii,, 1 \ ( :.Aftelt4t=riMAIPV* 'IV lid: \ - -, AortNi.-.:-- -rio • -41 ).) sisormit Ki'c,' L' ) \\ 1..• ,4,4„, --4- .-. ..\.,,,,,,, k„. ‘ Apip 111111-141.0W I ( 'A • ill. / 7? AljsklimtelArSTAV011til • ' fil, ' „a ,\) \ (f_ct,„, tisiasi , we_____..... ........i. 461.kiy- '\0, 0 .4116, . .,, 4 ( ,w,- -- '? " • : 0 \ -: ,,, . % : ) ) 4 ‘ .---,-s , . \ . • - . ...„. , , _; I, ; , ,• . - • . . .• . ) , 1400607 ) ( I ' 'S: ) . I CI IR I A* ,•• 4, ,yy, -... t - --...• '.‘",` *1 ...el.:A‘ •Jt•• • ',, • r: 'L , .,. .1 i. I . , 1---,--. • ,,k :11,1'.. lidie..14,,,ttrftekk;,,' • .,, ,,,,,, __ -,-----• .4, ; „ 10, 4,*MI6'at , d- {4/ i 1...., ' •,, tr'N, 1 1•`'-.• ' 1 "''' ' lc, ‘444 t f ...I% ' i ' ' • ', - -11-11!--1r, . , .f,,, ...'' • ._, ...,, V.* ' , ,7, 1,u__ ,0, % , \ ...g... a.g.,, , , I.-•. \ s'e . pi' ''...4, ' , 1• p, Iti, 2 \, Alt W Ze,,,,,, •It 1 '::-• t 1 •• 0 *... „t. ,t ,,__ , 1"..' -1- . , ! - '',... '7 ' - r * ' •:',':''Sf .1•4•43 1 40-. ii ' (... <4 , _, , , k , ,. ,. ‘ .. 7 k,.....;•,..., k;•II.. . + --- ' ' - ' ) .41. ..2,:7:7•''t,,,,, ,: .. It, 1 ..--.• •\-- .. Ale • ,•••'•i'' ,• , ;11.z.i! -, .6 = r -`o. , it', i i, .4-4 . .., i 4:t ii, ••' .1. „... -{ - • ..4i ,,,...1.4. , :-,..,,,tml,, (-•••• , ..4iiN,1 it,(;'. 0:1;.• j:..;,!... ''.:".*:.-f jyrj:' ii.,•!. ',t,, 2_ . lir - „‘„, -,..„ , i 49 ,::*ti LaLl / **, 1,'V . ' (44' ',•it; ‘, •.' • -1'-4.' i •••• I, ,ffir \- ; ,P ; ,,,,4 t ,..,,,i ,...0 ,i,..4.„ 1.,„,,,,,: wt 1 , ,, , c, • f ' 4 ; •74'-( -1" - 4.'''');;1' ,,,.- ' '4 s: \ .4 .1, .....;," ,L' `''' •,ii•. ir ii ,v-,,,,,,,w;,: , ,tlt..?.,t,:,, • tr, '' ". - ' , *-- ,.>.- --..--,-."),....../'1, 9%II! :1,* 1. , z,,,,„, es,p,..t.i.„1,71,..f,:i..,, ,,z..,1,1„,,, 511'" mw•-'''''..«. . • . 4,.. -,_ 11, . . . ;,- • -.' ,i.; . . '• - ,ii.: ,-,.'s-414,z,V..s..,,f A-.`!?-p:..1,N,...v ,,,•..:t.-41N, -,,,--:--,----,.,!- .a, .v.t:.,_ / .. r-.,;. 4 ----. • r .,.1,1 316 3.p'',. iiiint,t,r;t,ZIE.2, i •'I .i. --,'lir ft-,.,./r ,:::•` , -,1'• f" / ' Nett "..••••• o.. —1------7--L, ;ALI. r.,L - :'•0- i 4!7•","!/' Xi'rer. ..i.',%;,''", •?'...;;•- 1 .'' ". '• -\•,,,,, • id i 001101 '. ',/ R.-- ' ' '`,• A s ,,Ii e''.... - -,E;;:;":";'` .,-.-3,,,,,c--,14,4,,,,,i,,,,,.11.--4„,. ,,,....i„, ,::,.,! 00. , . ,_,, , -,, '1•-.: ,- -,,' 7- .*5'. — * '1/4 ..., \ .4.' ''`,. ..:-• I''`‘-'''', Af4t4SLZ-lef"^'"'44.:,'C/a‘r-N-;':17 / i /<, 1 •• .3.,\ ; . '•\• ..^ ••• ..... ,../^1 X '-- ;`1,t,k`r. ''•`1AM4N,'.40:-',..s.,S"?3.t/14E'-•' i-..^.":',''''''' I I •• . -1'.\‘". • -.!.1 ..1 ` `-'s•-g. 1: \-....,- /..-- ',..'' *t.fp Y.•.'_j l'41t.: '. •IAZI)1."4, •dt.124,`:-''.1.'"'sr f•'.. ,.'-';'''''''k.,di., ,/ -., • , V‘ , • , Sid, 4.,...t1S. )4,0tdrat -...r c,,,,,-. , , if- , t . . , , -41 ' ,--„ ''' • kt'0,0-1!''; ' ;-°C$•'')51'4 -• •4;.Ift4 i'S.. ''t. 1" ' of' I•10,. ,. , ,I iti• ,;.1.,v, ' -- 70. ..,...... str V il.,': ........L..,....t(^P' ." 4,..-'', ,_,...t 0 i .'';7i:et : ''-'4:, ''14 ,,,-,,. •. ,•... t, /„.., •, ,.4,.„cc 1,,..,._\' fr 1 -,,,,41 ilf,,,..%,1,; '.t,0,I' 'ri i ,o)-krer''';.4'.:*.t-:;.-::''' 1,4 it. , .-; , - ‘ ',., /; ,,' ,,.-,,-----, - gi 1 1 ,.4 , • 019.-44,44'.','^t•;\4 7.04-, . 1 ..• \ias, ; )----...- j-----Si, .' ' ' ' ,4tyel• , ti ;,-, ',t,;fr,A19vitkir, . , ' r df ' d 1 ''.b ' • ,-=; , .' d. 1,..„ i ,i z '.s Q %"4.' .4'''.).1:4 I •irg; 1 '4•,'41:`,4A,t, ,''''c ' .6, ''' • ., .161.1 al • ',--!',. -•""•31S '-C t,',, '''t k.si ,, 444''',r3V-,;A0-' . ' ' ":2'.--.•t-,''''' '''',''',k4 A& • '; W--A5g" -Yr. "'-'1, '.' - /-' ..", ,i,,,,' .111 1!4 4 -kw 4,1 . /-•!. ,C''L,Ic-rct.',:fie te- `>..------ ...,. 4 I -' •,,e - ,,,.. ,. .., 's--t..° ? . , . ' — ' .•', , I ..., P' At „ / .1.. 0, ..i...„ - 0 -• "", .3,53. - 1 / - ,- ••- ------=', sf : ', ' d'i• , '''.144 :.'. ' . • K -, ',...e- , k 41001,;(r,j/-1,11. • ,,.7; 1146-d- ,N, y,:e -.1:;:: . 'N.ta:1,t iiir A -• _ -,.4%., r ' " ' ' ..._ - ' ' • , — ',, 't,' " /4,‘,„„•'w, , , - ,,i, ---, /447:,,•7' , to, , ,...31 ::‘,,,,,,,..,:;., ,? k t- •. .k. -,-,,,, , ..• 4 .‘ ,-,„. 0.1,r oy„ ;14.,ke;'. ,.%": - ' :;.';',. [ , - , - 4A.: ,-.' - ''''"',•-•' ' ' '-- 'Ortig '.'' 'It'A if ' k.'' --4. .-cir- i:, ,le, 31t`'` :•-•, 440 i;44, *•6.. it' ..,',' \-' '''',.." . , :,. 0,44.7....,':',,li•• k .,_''...•'..":.'.7' - "4 • ^ •' '^'.1 i '4` ':•-• \-- 1.‘ 1.1" 0. -, ''' '1.,,,ttr,C31;*: (054 A? `-:.3.#,•...01.370p k-, r , ' v, c ., , "f. \ -.•,,,,It;;10-F4y091 ,-„iv,''„n1.4i't:-',44 ? .e- ' VI '' -',-Eiit - "-: •-•-, '''':-1- ' -12:', ,.. - .' '..-q le,,,',4v-.;'.''- 3 ti 1 ,.:' - ,, , • , ,, , ,k ti na....i. efr... `4.! • ' , ' •'t V-::7- .._ -Af.:-z-,-, 4'''.1 r ,„) 4 s:t .14 .. ---•\,...:,..r.-.. 4, .. . •- .., A 0 0 6 0 8 ':• .-. " . ° • ..> : •:. 4. !••• :. .• . ' . •.' • . , :;. , __.... . - __• p: ... . .• - . . . . . ...\ -- - -: -•--- (7--...t.4-..,.... i.' a'•;44 • ---• _. 0. . .••- . . : I:"j.• , tl'r•-'-**''.t.-Pt . ! •. ,irk 4, f I,:1.1.1127.-7,----,.._,—„,_—:;-•-----* i .., ,.. ,i.q. .:,.--1:4...,„ ,, 4_,.._-•::__ __ : .-.:;:.• 7-• .••;. •:, . i,-",1 _in jrli • •'— — .fi:i,' I ; . is 401 il I .4' '14-".?!.•••T :."- ' '-'"-- '..o; •.' •Zi......---tr, • I . ••• - VP • , . •• i„..1 k'-<-,1 .„.. , :„.711311, . ii „....,•. ig ..1. sift 1.. • Al „ ,., ;.%'.1 i ,54,w,5. .. •• 1 A A-." .:' :• . 's. ' g • ...• . - ,: .93v ., i, sr:‘": -k '. . irg•MFI\1 i i " ' .)•:`:,)% -:T. ' .. 6M- 4. ' • 'I ' lit!'14:g . 1 -;1-11 i... '• i \ . • • . :,; , _- 3 la AV• -2-y-T., ! A. .: =,1. '; ..• .1: - ^ • .,-,,. .- •-•-•, -.- •- ....c... .—. '."fr, ; \t, • °. . . •• •••• n.: • - . ° .13 - '' il ti .: ., ,; . "! . -....:,;_v_i.. : V.:,•-; :2,1. ,A%LA.': • •.: • ,•A a:1 '.• .... ••=• "!•:`-' i : -C.';, WS rl. .' .'"' " . 111. i : 1:,:: 1 i:, •: ;:i . i:i E it ). - •x ,• s ; . r• • % i •:•' • i i • .",4,,.. •• , , ...•i../1 • s s j., :,%:.-.1t. ; . 1 ' • : .: i ' •i ; . ',I ' c.1.:‘ :,'4'...... . i .e..'',4 !,. • .: - c••••• • .. "'.1".-i H. c3!/ .. . ! 1. 1 ' 1 ' '.7; A --...---A. : I;. ltt.t-i4.• ,t.1 . .. : - : z - , , , ,s : l• i I, i . .1 : :.../..,.; A qrVi''I • Z : ! - : : 1 1 i Li • 3 ., •Tt----1J? I.; I. ' j,;4.1 ...1 t-. •Teu .R. :,• - 4 ".:::. .....-• - A ..! I 'rl .... • I i 1 P.141 i i ...flia 1.4.44'5 •• o • • ' • • . •• • •• • i ;., - ..* -•%ri' rowa 1, I. , , '-'i I 120:I -41.i .4 ii % • [ • • I! i ' . --_,•. i;. : Q.. ' \ i . i .6 1 . AC • a i i . i. , ; ,), ,,. , . , :, . . , , ,,, .. . .i, . , , 2F, it ....i. ... \ . r -....• •,..: : FIE - •:.:. - ' ..! , I 411'. • . a : I . i• • : 1 . I * g . . I:„ :11/4; .....: .• • . , . ., k) • . • 9 • -, ) ( . J , . t , ..__. : • .. . i 1 • ,:i _ . , . 1 ::4 Alo . . i 1 , . , N ' / : • -.. ...4:st I . • : .. it.; i Z I . I - t -4:: :, .,. I : 1 . • i d • ,.1• . k 1 4 f - • ,• . ; •• • .- ': s0 5:- • • • -:'• i i: 4. ' \ \ : ',. ( ;z 'IY , /: 4 ...,i :4 I fr•.i-- t " . ' I, •: -'1%, : '- i' \ in V •'. •' l'i i "••' \ •Z k; ' - t i I I • . 001011r. 000, XII . ki ...?....- r , -:. . ..,....:: 0 ,,t• .: , • .. .., •• . t, 1/.. - i 1 -------- L. k I ) It 10114111.411014111 . k ,Z, b • i 0 I a u o \ I 1 tkJ ‘'‘j ' 1'11) • : ••••..: 1 1 ..i f; k 11111. 050000,1 • '' i.1• . • ' . - . 1 k . i •- I 8—, .7-041:031 2 2 7L .01,••, . ,. - ,.., . , z ,...-. . t_ o i[ . i: ' Wid . 1/44 1 .., , 1.•T .- --44011111 .....4 „:. 0 , 1 • , . , _.. _ --- 0.‹.- ; •-•I •, „yid_- .c 1 , ........ , ..... -.-,-.-- - - . _ z 12. oy/ 4. •.________ t.1 :::, - - 0 .. . • ,-,....-iii . ..f.! ' . ...,, --,,, i 4t 2 . . . . . I.•141,- -7..•:.........,...0,- .1.,.... 0 . l . % i'''' a. k• •f,, . .3 NI X '`• 1 rim 3 P„ -• . •t ' . `... -.N . "'• " ( . •• ;I: ,j. \-:•""-.Zi-.... . I [ ::• • Z...._ li •4.,. I • . . -- • . . .. 1 LEASE AREA 1 iA 0 0 6 0 9 EXHIBIT K 1 0 • • • • • LAND COURT SYSTEM • Return byREGULAR SYSTEM After Recordation • Mail ( )• Pickup ( ) ACKERMAN RANCH INC. P. O. BOX 555 TG: ACCOM KEALAKEKUA, HI 96750 TGE: 881010819 ATTN: JAMES J. ACKERMAN LILY BRUNKE TITLE OF DOCUMENT: _ MEMORANDUM OF DEVELOPMENT LEASE PARTIES TO DOCUMENT: ACKERMAN RANCH, INC. , Lessor LYLE ANDERSON, Lessee = PROPERTY DESCRIPTION: LIBER/PAGE: • DOCUMENT NO. : TRANSFER CERTIFICATE OF TITLE NO(S).: EXHIBIT L ______ 0 (7) MEMORANDUM OF DEVELOPMENT LEASE THIS INDENTURE made this (2day of ( /lt/C , 19 0 , by and between ACKERMAN RANCH, INC. , a Hawaii corporation, 1,those principal place of business is in Kealakekua, Hawaii and whose post office address is P.O. Box 555, Kealakekua, Hawaii 96750, hereinafter called the "Lessor", and LYLE ANDERSON, husband of Kerri Anderson, whose principal place of business and post office address is 7373 N. Scottsdale Road, Suite C226, Scottsdale, Arizona 85253, hereinafter called the "Lessee". WITNESSETH: That in consideration of their mutual covenants and agreements, the Lessor does hereby demise and lease unto the Lessee, and the Lessee does hereby accept and lease from the Lessor the property described in Exhibit "A" ' attached hereto (herein the "Property"); 1_ TO HAVE AND TO HOLD the same for the term and upon the rents, covenants, agreements and conditions contained in that certain unrecorded Development Lease between the parties dated as of July 28, 1989, all of the provisions of which are incorporated by reference. IThis Memorandum of Lease is executed for the purpose of giving notice of the existence of the Development Lease. Reference is made to the Development Lease, as it may now or hereafter be amended, for the full I description of the rights and duties of the Lessor and the Lessee. This Memorandum of Development Lease shall not affect the terms and conditions of the Development Lease, as now or hereafter amended, or the interpretation of the rights and duties of Lessor and Lessee under the Development Lease. I 1 The Development Lease further rights, grants to the Lessee the following g privileges and powers: A. DEVELOPMENT OF PROPERTY ` 1 (1) Permits and Governmental Approvals. The Lessee may file all applications and take all actions necessary or desirable to obtain reclassification under the state land use law and changes in or variances of county master and development plans and zoning for all purposes and uses permitted the Lessee under this lease; seek subdivision and consolidation approvals and permits required for the initial subdivision of the Property and subsequent subdivision and development of the Premises; and seek grading, building and other permits necessary for the demolition of existing improvements and the construction of new improvements on the Premises. The Lessor will join into, cooperate with, support and assist the Lessee with all applications for such reclassifications, changes, variances, zoning, subdivisions and permits provided that the Lessee pays all costs as described above. The Lessee shall not be required to -pay any money to or for the Lessor to obtain the Lessor's cooperation. If and when requested by the Lessee, the Lessor shall execute all applications, consents or other such forms or instruments necessary or desirable to accomplish any of the aforesaid, including, without limitation, obtaining governmental approvals or permits. I A00611 -2- (2) Dedications by the Lessor. From time to time during the development and subdivision of the Premises and upon receipt of written request from the Lessee, the Lessor will, without the payment of additional compensation, dedicate from the Premises such streets, parks and other improvements for public or private use as reasonably designated by the Lessee in connection with the development of the Premises, convey portions of the Premises to such public utility companies, governmental agencies or improvement districts as the Lessee shall reasonably designate, including without limitation the well site within a portion of the Property described in Exhibit A, and grant any easements which the Lessee reasonably deems necessary for the respective services. The Lessor shall not encumber its interest in the land or this lease in a manner which shall interfere with such dedication. (3) Power of Attorney. The Lessor irrevocably, for the term of the lease, makes and appoints the Lessee (and his successors and assigns) his attorney-in-fact to do and accomplish for and on behalf of the Lessor the following: (a) In order to facilitate the applications, actions and approvals described in Paragraph A(1) above to sign and deliver any document requiring the Lessor's signature that is related to matters before the Hawaii County Planning Commission, the State Land Use Commission, the Real Estate Commission of the State of Hawaii and any successor to such agencies or other administrative agency from which approvals or permits are required for land use changes, zoning, subdivision or development of the Premises, provided that all plans are in accordance with the uses permitted in Paragraph B below; (b) In order to facilitate the actions described in Paragraph C(1) below, to join in, sign and deliver the declarations, bylaws and other instruments and amendments thereto and to sign and deliver apartment leases to the extent the Lessor is required to do so by the provisions of the Development Lease; and (c) In order to facilitate the execution and delivery of the covenants, conditions and restrictions described in Paragraph C(2), to sign and deliver the documents containing such covenants, f s conditions and restrictions. (d) The power provided for in (b) and (c) above shall be exercised only after the intended action has been submitted in writing for review by the Lessor and has been approved by the Lessor in writing or the Lessor has failed to respond either approving or disapproving the proposed action within 20 days of receiving the submittal; provided, however, that no third person shall need to confirm that such approval was obtained in order to rely on an exercise of the power by the Lessee. If requested by the Lessee, the Lessor deliver separate, executed limited powers of attorney successors c ntaining�t a shallssame powers and authority described above. (_. A00612 -3- n 0 B. USE OF THE PREMISES (1) Specific Use Allowed. The Premises shall be occupied and used by the Lessee for grazing, agriculture and any uses consistent with the "Urban" State Land Use Classification and the Hawaii County Alternate Urban Expansion designations, including residential and multi-family residential uses, private clubs, resorts, commercial uses, public or private support facilities, golf course, parks and all other similar urban uses. C. CONDOMINIUM DEVELOPMENT, CONDITIONS, COVENANTS AND RESTRICTIONS (1) Submission to Condominium Property Regime. If requested by the Lessee, the Lessor will join into a declaration of condominium property regime ("declaration"), bylaws and other instruments required by law to subject such 1 Tracts as specified by the Lessee to the Condominium Property Act, Chapter 514A, Hawaii Revised Statutes, or any successor law, in order to establish a [ , horizontal property regime for any of the uses permitted under this lease. The Lessor agrees to assent to amendments of the declaration and bylaws of the project and the apartment lease requested by the Lessee, including, without limitation, requests made in order to comply with Law or to incorporate changes which are reasonably required by a mortgagee under a loan commitment to finance the construction of improvements or the purchase of apartments, provided amendments required by mortgagees do not substantially and adversely (( affect the Lessor's interest under this lease or any replacement lease, or in the Premises. With respect to apartments for which no apartment lease has been issued, the Lessee shall be deemed to be the owner of the apartments for all purposes of the declaration and bylaws and shall have all rights, privileges and obligations of an owner, including membership and vote in the association. Apartment leases may either be direct leases from the Lessor or ii subleases under this lease. (2) Covenants and PUDRestrictions; . D. time The Lessor will also, from time to join with the Lessee in submitting Tracts or the Premises to covenants, conditions and restrictions not inconsistent with the Development Lease which provide for the development of the area in an orderlyand aesthetically pleasing manner and for the maintenance of common areas by a community association or provide for development of portions of the area as planned unit developments. In order to facilitate the execution and delivery of such covenants, conditions and restrictions, the Lessor will irrevocably appoint the Lessee as its attorney-in-fact to sign and deliver such documents containing any such covenants, conditions and restrictions. D. TRANSFERS [ (1) Assignment and Subletting. The Lessee may assi or su with possession of all or anygTl blet or part part of the Premises without the prior written consent of the Lessor, provided, however that (i) no assignment or sublease of the portion of the Property to be surrendered to the Lessor upon Initial Subdivision (as defined in the Development Lease) shall be made, and assignment (ii) no shall be permitted during the initial five years of the term without the Lessor's prior written consent except an assignment to an Affiliate of the Lessee or a partnership in which the Lessee or his Affiliate A 00613 L__ -4- ___ fl 0 is a general partner. Upon any assignment or sublease to an Affiliate or Third-Party, a true copy of the assignment or sublease shall be promptly delivered to the Lessor. Upon an assignment of this lease to a Person whose net worth and financial condition is substantial given the nature and the extent of the obligations to be assumed by the assignee, the Lessor shall release the Lessee from all further liability under the lease with respect to the portion assigned. (2) Partial Assignments. The Lessee may assign the lease with respect to a Tract or Tracts on the same conditions as are stated in Paragraph D(1), provided that (i) if the Tract is not a Developed Tract, the Minimum Annual Rent under the partial assignment shall be in the proportion that the area of the Tract or Tracts so assigned bears to the area of Premises immediately prior to assignment, and (ii) if the Tract is a Developed Tract at the time of assignment, the rent shall be determined in accordance with the Development Lease. i .(3) Consent to Mortgage.e !!! R R The Lessee may from time to time without the consent of the Lessor mortgage this lease to any lender as mortgagee, or become the beneficiary of carryback financing liens with respect to the I( ' leasehold interest in connection with assignments of all or portions of this lease. i (4) Notices. After receipt of an executed copy of a mortgage of the lease, the Lessor shall send the mortgagee a copy of any notice sent by the Lessor to the Lessee pursuant to this lease. I (5) Enforcement of Mortgage. A mortgagee of this lease may enforce its mortgage and acquire title to the leasehold estate in any lawful way, and pending foreclosure of the mortgage (or pending sale of the lease in lieu of foreclosure of the mortgage), may take possession of and rent the Premises. [ 1 Upon foreclosure of the mortgage or assignment in lieu of mortgagee may, without consent of the Lessor, sell and assign tld estate by assignment in which the assignee8y assume the leaseholdagree observe and perform all the covenants oheslesseexunderlth s lease,l and esuch assignee may make a purchase money mortgage of this lease to the mortgagee or any other Person provided that a true copy of the executed assignment and any mortgage shall be delivered promptly to the Lessor. The mortgagee or any ; tenant of the mortgagee pending foreclosure shall be liable to perform the obligations imposed on the lessee by this lease only during the period such Person has possession or ownership of the leasehold estate. Nothing contained in the mortgage shall release or be deemed to relieve the Lessee from the full and faithful observance and performance of any covenant and condition contained in the lease and on the Lessee's part to be observed and performed or from any liability for the nonobservance or nonperformance of such covenants or conditions nor a waiver of any rights of the Lessor under the lease. Should there be any conflict between the provisions of this lease and of a mortgage, the former shall control except as hereinabove set forth. 1 rig (6) Protection of Mortgagee. The Lessor will not exercise the Lessor's ht to terminate the lease with respect to all or any portion of the Premises because of any default by the Lessee under the lease if the mortgagee A00614 L -5- _____ n 0 or its assigns, within one hundred twenty days after receipt of written notice from the Lessor of its intention to terminate the lease for any such cause, shall cure such default if the default consists of a failure to make any payments required under the lease. Notwithstanding anything to the contrary in this lease, whenever the leasehold interest is encumbered by a mortgage or deed of trust, this lease shall not be subject to termination with respect to the entire Premises or any portion of the Premises for any default that does not consist of a failure to make any payments required under the lease, but the Lessor shall continue to have its remedies under the lease as well as the remedy of injunction when irreparable harm is threatened. Upon foreclosure sale of this lease or assignment in lieu of foreclosure, the time for performance of any obligation of the Lessee then in default not consisting of the failure to pay money shall be extended by the time reasonably necessary to complete such performance with due diligence. The ownership by or for the l same Person of both the fee and leasehold estates in the Premises shall not effect the merger of those estates without the prior written consent of any mortgagee affected by the merger. I (7) Lessee's s Bankruptcy. If a bankruptcy proceeding is commenced by or against the Lessee, the mortgagee shall have the option and the Lessor shall l recognize the mortgagee's right, within the statutory period, to obtain or l cause the Lessee or the trustee in bankruptcy to obtain (i) an abandonment of the leasehold estate by the Lessee or the trustee in bankruptcy pursuant to ithe provisions of the Bankruptcy Code,_ or any successor law having similar effect, or (ii) an assumption of the lease pursuant to the provisions of the Bankruptcy Code, or any successor law having similar effect. The Lessor I _ agrees to extend the limitation period for the trustee to assume or reject the lease for a period of not more than sixty days. All such extensions are on the continuing conditions that all rent and other charges under the lease are paid when due. I i (8) New Lease. If this lease shall terminate prior to the expiration of the term (whether due to bankruptcy of the Lessee, operation of law or otherwise), the mortgagee (or the senior mortgagee, if there is more than one) i shall have an option to obtain from the Lessor (i) an instrument recognizing, confirming, and giving legal effect to the continued existence of the lease . (the "Lease Confirmation"), or (ii) a new lease of the Premises demised by the lease in favor of the mortgagee or its designee (the "New Lease") upon the I following terms and conditions: (a) Within sixty days after the mortgagee receives written notice from the Lessor of the termination of the lease, the mortgagee shall make a written request to the Lessor for a Lease Confirmation or a New Lease, and the mortgagee or its designee shall enter into the applicable document within thirty days after receipt of the document from the Lessor. (b) As a condition to and upon the execution and delivery of the Lease Confirmation or the New Lease, the mortgagee shall pay to the Lessor (i) any and all sums which are then due under the lease (whether or not terminated), (ii) all expenses, including advances made under the lease to protect the Premises and reasonable attorneys ' fees incurred by the Lessor in connection with the Lessee's default, the rejection or termination of A00615 -6- til this lease and the recovery of possession of the Premises, and (iii) all expenses incurred in the preparation, execution and delivery of the Lease Confirmation or the New Lease. (c) The New Lease shall have a term commencing as of the date of termination of the lease and coinciding with the remaining term of this lease and be at the same rent and upon the same terms, covenants and conditions as contained in the lease, as it may have been amended prior to the date of termination, except that the New Lease shall contain the promise of the lessee to indemnify the Lessor from and against all claims, demands or liability for loss or damage arising out of or in connection with the issuance of the New Lease and to reimburse the Lessor for its costs and expenses, including reasonable attorney's fees, incurred in connection with the defense of any such claims, and the five year provision in Paragraph D(1) shall not be applicable to the New Lease. (d) Concurrently with execution of the New Lease, the Lessor shall assign to the new lessee Lessor's interest in and to any existing [- I subleases, if applicable,PP , t he subtenants of which have attorned to and been recognized by the Lessor. During the period between the termination l of the lease and the execution of the New Lease, the Lessor shall not amend or modify the subleases or take any action with respect to the demised Premises which will impair the property which is the security for the mortgage. (e) The Lease Confirmation or the New Lease shall have the same priority with respect to any mortgage, lien, charge or encumbrance on the fee of the Premises as the lease had immediately prior to its termination, and the lessee under the New Lease shall have the same right, title and interest in and to the Premises and the buildings and improvements thereon f{ i as the Lessee had under the lease immediately prior to its termination; provided, however, that the Lessor makes no representations, warranties or covenants with respect to encumbrances, liens or other matters not within the control of the Lessor that impair or may impair the lessee's right, title and interest under the New Lease; j (f) The mortgagee, if it is the initial new lessee, may assign the New Lease without the Lessor's consent by an assignment in which the t $ assignee shall expressly assume and agree to observe and perform all the covenants of the lessee under the New Lease, and such assignee may make a purchase money mortgage of the New Lease to the mortgagee. A true copy of the executed assignment and any mortgage shall be delivered to the Lessor. No other or further assignment or mortgage ofthe rNewtly Lease ( for which the written consent of the Lessor is required shall be made without such consent; (g) If the mortgagee shall demand a New Lease, the Lessor agrees, at the request of, on behalf of, and at the sole expense of the mortgagee to join in any proceedings g (and if required by law, to permit any such proceedings to be brought in its name) to oust or remove the original Lessee from the Premises, but not any subtenants actually occupying the Premises who have attorned to and been recognized by the Lessor. A0061cI � _ -7- fl 0 (h) The provisions of this Paragraph D(8) are intended for the exclusive benefit of the mortgagee or any Person acquiring the Lease upon or in lieu of foreclosure of the mortgage and is not intended to and shall not be deemed to, confer any rights or benefits upon the Lessee or the Lessee 's trustee in bankruptcy. (i) Mention of this Paragraph D(8) may be placed of record, and any and all mortgages or other liens, charges or encumbrances on the Lessor's interest in the Premises arising after the date of recordation or filing shall be subordinate to the provisions of this instrument. Any New Lease issued pursuant to the provisions of this instrument shall be prior to any such mortgage or other lien, charge, or encumbrance to the fullest extent permitted by law. (9) Amendment or Surrender of Lease. Duringthe e continuance of a mortgage of which the Lessor has notice, no agreement hereafter made between the Lessor and the Lessee amending, correcting or surrendering the lease shall ( be effective without the prior written consent of the mortgagee. (10) Liability of Mortgagee. (a) No mortgagee of this lease shall be or become liable to the Lessor as an assignee of this lease or otherwise for the payment or performance of any obligation of the Lessee until the holder expressly assumes by written agreement the payment or performance of such obligation. No assumption of liability shall be inferred from or result from foreclosure or other proceedings in the nature of foreclosure or as a result of any other action or remedy contained in a mortgage, or from a conveyance or assignment pursuant to which any purchaser at foreclosure shall acquire the rights and interests of the Lessee under the terms of this lease. (b) The Lessor and the Lessee agree for the benefit of any holder of I a mortgage of this lease that they will not subordinate this lease to any mortgage that may hereafter be placed on the fee interest in the real property which comprises any portion of the .Premises or amend or alter any I ' provisions of this lease or consent to any prepayment of any rental or additional rental without securing the written consent of any such mortgagee. E. WELL SITE OPTION (1) During the lease term, the Lessor grants the Lessee an option to Iacquire twenty thousand square feet of land on the portion of the Property surrendered to the Lessor upon completion of the Initial Subdivision to be used expressly for the purpose of a potable water well. The exact location of the well site will be as mutually agreed upon so as not to unreasonably interfere with the use of Lessor's property when and if the Lessee determines that a well on the Lessor's mauka property is desirable for the Lessee 's purposes in developing the Premises. The Lessor understands that in order to obtain potable water, the Well Site must be located at an elevation which is I estimated to be between nine hundred and twelve hundred feet above sea level. (_ AOO6i i__ -8- The Lessee shall have the right to assign this option for the Well Site to the Water Commission of the County of Hawaii and either the Lessor or the County of Hawaii shall have the right to develop a water well with associated required facilities on the site. In addition to the Well Site, this option shall include the right to easements for access, electric transmission lines and water transmission lines from the Well Site across the Lessor's property to water storage facilities to be built on the Premises or other property of the Lessee. Access to the Well Site shall, to the extent reasonably possible, be across the Lessee's property. The Lessee (1) shall pay all expenses associated with the conveyance and development of the site, (2) shall covenant that any intrusion and disturbance to the Lessor will be minimized, and (3) after construction, shall restore the Lessor's land surrounding the Well Site and transmission lines to even grade and good condition to the extent reasonably possible. The Lessor agrees to cooperate with the Lessee, his agents and the Water Commission of the County of Hawaii in the selection, subdivision and development of the site and to give reasonable access forthe construction and maintenance of the facility. Access to the Well Site and appurtenant easements and rights of way by the Lessee shall be limited to purposes reasonably related to the construction, use, operation, maintenance, repair and replacement of the well, electric and water transmission facilities and appurtenant facilities. Any determination that this Paragraph E is invalid or unenforceable shall not in any respect affect any other provisions of this lease. (2) The consideration to purchase the Well Site shall be $4,590.00. The consideration shall be paid in cash upon acquisition of title. F. FIRST REFUSAL TO PURCHASE. [ I (1) If the Lessor shall decide to sell in whole or part its interest in the Property or shall receive a bona fide offer from a Third Party to purchase all or a portion of the Lessor's interest in the Property which the Lessor is ( willing to accept, the Lessor shall first give written notice to the Lessee, which notice shall state the price, terms and conditions upon which the Lessor offers its interest in the Property for sale (which price, terms and conditions shall not vary from those of any bona fide, Third-Party offer to purchase) and which notice shall contain a true copy of the bona fide offer, including the offeror's name and address. Such notice shall constitute an irrevocable offer to sell such interest to the Lessee on the same terms as contained in the notice from the Lessor. If within sixty days from the receipt of the Notice the Lessee shall agree in writing to purchase the land from the Lessor, the Lessor must sell and transfer the land to the Lessee upon the terms and conditions set forth in the notice. If the Lessee does not agree in writing to purchase within the sixty-day period, the Lessor is free to sell and transfer the land to a Third Party, provided, however, that the Lessor shall not make such a transfer at a price or upon terms or conditions Il more favorable than those upon which the interest was first offered to the Lessee. If the Lessee agrees to purchase the land, the purchase shall be consummated within sixty days after the date of acceptance by the Lessee, subject to extensions for matters beyond the control of a party. If this lease expires or is terminated in any manner or for any reason, all rights of A00618 �__ -9- l 0 the Lessee under this Paragraph shall cease, provided, however, that the first refusal right shall continue with respect to lands surrendered to the Lessor pursuant to the Development Lease for the balance of the lease term. This right may not be assigned separately from the Development Lease. This right shall not be exerciseable by the Lessee if he is in default hereunder either at the time the notice is given to the Lessee or on the date for closing the sale. This right does not extend to transfers to the descendants of James and Grace Ackerman, but upon such transfer, this right in favor of the Lessee shall be binding upon said descendants in all respects as it was binding upon the Lessor. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. ACKERMAN RANCH, INC. , a Hawai' corpor tion Byi( e.. Its President BY `' 1/6 /1' /4fa�f- s Secretary-Treasurer ( Lessor LYLE I,'RSON ^ "Lessee" P 0 0 6 9 -10- I 0 (4) STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this ?Z day of --cy 19(4) , before me appeared A. D. ACKERMAN and GRACE B. ACKERMAN, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary-Treasurer, respectively, of ACKERMAN RANCH, INC. , a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said officers acknowledged said instrument to be the free act and deed of said corporation. : /: C t ? Notary Public, State of Hawaii t My commission expires: I�-/,g-$1 l I i 1 i STATE OF ARIZONA - ) COUNTY OF M ) SS. N� t0.f 1(.,Q you ) i On this (2_ day of(SD ,AJ , 19N , before me personally ,appeared LYLE ANDERSON, to me knè\'n to be the person described executed the foregoing instrument, and acknowledged that he executed the same f- as his free act and deed. [ -.) Zt1-YUICO_ No ary Public, in and for said County and State My commission ex. ' C�titSN I��/� � �'n�►R�CAt��srpt9,1�1 1• "� A00620 -11- EXHIBIT "A" All those certain parcels of land at Honuaina 4th and Honuaina 3rd, North Kona, Hawaii , de no ate , on the Tax Maps for the County of Hawaii as Tax Ma designated 7-9-12 : 5 (approximately 246 . 75 acres) , 7-9-12 : 4 P Key Nes . 97 . 4 acres) , 7-9-12 : 11 (approximately 7-9-06:01 (approximately (approximately 22 . 664 acres) , and 60. 546 acres) , together with all buildings, gates, fences, waterlines and other improvements now existing thereon. SUBJECT, HOWEVER, TO: 1 . Reservation in favor of the State of Hawaii of all mineral and metallic mines . 2 . Unrecorded lease dated January 31 , 1981 et Ackerman Ranch, Inc. , as Lessor, and KealakekuaRanch,� Ltd. ,een as , Lessee, expiring on January 31, 1991 . fj GLW 081689 7052H A00621 I rr w l CC w D V) O LiCrU Ili OUW Q Z W COf Cr -- j—--- -- Cr 0m Qw ( _ w emu) I O Q Q J J Z Q Q l ' < mm t ,st Co- co Z r F— i i 0 I [ -co -'co1 ;K' 4 w I in i , k 0 iv Q to �l H • I_ •�`0 o Q I NO 0 _ L N _,1 %, W o jb Q N0�i 1-- Cr i . F- It A.14 g ›.- U o Q L' N (_ 1 (L F- >'- sr-. W f r 1 FW- Cr O N 0 J- W Cr U U >- (= CO X CG O (n I d- Q v.1.10 Q WJZ � (n _J I-- < � wQ � � N n- QJ I- Q 6 U =LiJ IL V¢) a± i D Cr W - F- 1 Q m0d1 U N - - W N CO 00 w J a w I w � � V) 4 c � V) V) o a 0 N Z W Q fY - -- CO O (n O (n m U Q U Q D ( W F- 0 � CO V 0O S I < IQQ [ cn Q Q] Q CO m I N `fl oo ID z } 1 I=0 ,_ IO __I I -H f U WN -c.) f >- Q W N V) z c0 i M 1 6 I_ C0 f . - Z K _ -" N N `- > � � � a i N z Ia Q w { o >- o = 'n CO (n cn ! -, w -co --1 U XN O) W N lLI- .--. E W A006 3 I ! (:o w u_ Mr. Richard Frye Oceanside 1250 74-5620A Palani Road Suite 200 Kailua-Kona, Hawaii 96740 Re: TMK Nos: (3) 7-9-12: 04 (3) 7-9-12: 11 (3) 8-1-04: 03 [ (3) 8-1-04: 56 II Dear Mr. Frye: I + This letter is to acknowledge that 1250 Oceanside Partners, a Hawaii limited partnership, dba OCEANSIDE 1250 has obtained or acquired ownership or control of the Right(s)-of-Way for the entire length of the Bypass Highway and has satisfied the requirements as described in Paragraph 13 of that certain Development Agreement dated entered into by and between OCEANSIDE 1250 and the County of Hawaii. OCEANSIDE 1250 is hereby released from all further responsibilities and obligations with respect to said segment of the Li Bypass Highway. Very truly yours, COUNTY OF HAWAII EXHIBIT NI A00624 I • 1 if•,-.,: - -Ni.U-.',.• ---C--•:-. - • ..,• - ,,,,, .,.., , . • - . . 1: • -. - ---- . - I • , -- __Ls .• . , : - . L-r--- - 4....*.k7.4:, " str- - ',- - \.',-_-.------- -:- .7-- --•-_---- - • 1 -, fr",.. -z-:-_-_ , • . -N,„\ so, .-r` • ). • - -- --'' ) - ''-‘,--., .1.-7.-- !:- --:0: ' A-- ---____::-/---''', : -,- \ • - / / • _ .,. --4__-.• . c •_ - --., • • • • i- _ . ---,\s,--• •-•::.__ - - , -„ , . -.,-: ---- •_---st .t..'s•:-.---,---- -.- -" '"::\ "----- ---- - /,__.... — _ , • ,.4-- _•- _.- --...41 ' , -....... t•,••:.....1 • -!•. • - :-'--k• .2..41-•__,-.,.__ z:•-... ,--- ---(--- -- - . 1 ------7-s.'"i--,.,-, ••• - '------ •,_ ---,., • '•*---' __ -:....-•-:-- _ --- -4. • . 1:-------•-_-__—c-- :_: PA.Ry'fL\I•-;'- • /• .....„ . - - - • '-TT': •,At:1- - —•_, • --- -Y -'--'• ,••:,------•„.,, ' _ . .. •-•----_, ------s--,_...---- ., r-' , _ • _- ,,,_ __- ...-- ----:--•„-:-.-...1-_,-- --,...::-.__---- . .__,- „,••••• ---..:- ' -------14.----------r----- --;--------r---------1-..---;:- ' -:------, ''' .------ Nr- 1), ,.•:------,"-V----7----7--- ...--- - '-------------:.' -- - - • : :.••• -_____--, • . - _ -- - - to , • , ---- ,I -- • -1----...' --------..,.-_ - •,...----;1__._ . - r -.- - • . . - .•.- . ,,,, _ 4.. - —- • __. p.. .: --; - - ... _. - -- 1 ---._ ' `...4.- ' ' - --.. \ --, . :., __-. . II - .10,11111__. , 1 \ r . ..... ;',..-'-' - - - --..• .., ... , • .... - - _-- _ ___ -...-. .,,,• \.. ‘ '4 ! - •--.4 - 41fX4P.* t'-':'"' ..'‘' - -I --- -=--'.--c77:.firt- - - r---:-.-.-:----- - . •,ir- 1:::. '-•4‘-.'''' 1 .i -.3-,---^ •-••'.'s....-."----' .-..- •' * 1 i, elAll -- .-- — ---,' ' •':'--' : ' --'-"-- - • - - ''' -. ,- .1.,_•-4-N. ..• .7-4.---- •------r.: _ . 1 •• - k. 4f....? "-.,.._.--„••••••"... ....... ___ . --- - --7•'-,-s: .t.-41, -Al..-. ..-:-::-..-.., i s:-..;!'..:1_, - •." "."-----,-."--Li--- . 7..,_...../..n Mr' :2--7 -_-_,!:_\--.1.<:\A:''-'"'"--_,.._, ' ..... :4.4.,-- •1 '..--"`---{7:`-"C<JZ4- 'Alt.'--:11"41rt --'-141.1 :-"-\"1"Pctir941 2-...Lt.- - ',r ._ -,...\__„_;,=_,:-,-z_,_ .----..-__- -,,_:___._ __ -._ . itvv,.*A-- - ,-::is-.--,_„____ - ---„: --:-, - . ' ----.---:-,, AIN•--...;t4'.-- - ....._t-,- ----.': -4\--- is • - k7--';':-- -..k....-:-.....'"...„--------7-..-•---""---.-_ __ - • •.._.--I •-'N:-t) .'-'1 -: ---' ..• - •2--:..j.- -.-. ' .- : ' .,14-t..---•':k..:%-,--,j.,,, :--f_r:.-...;1 11..\--‘' ;_'_.P..•'' -'-* . 'fiti'---"',4.1-- --;-----/-7 -. - ---- , . _-,. 1 , .22,-, "",."--,..1,2.116.21 "---..1,;•%:-i..--.,_--=-4-,,,...C.,-- ....- ,...,... NIC....70._...._-,.-.1-._ .,:--••' - -• f -. ...--if . AC-sAIT:RRIL/-A0111CLILI•trb . ,.... ' ,- ,....,..< `..-sr.0"..,„ ...,, .."..1t-;:,-.:-..:.-- -, ;/. % ,.,,...,....... '-------t, /-..., 7--, .....".‘tt, ....____ .... ...„,.. ,, ..„.. .„......, _,..._ _., __ __ . _...... ..._,....„ .,, , ...„,-....:..7.,.... __: A - / .e,-I -t ....... --.. - -1-- -- l ' '--- --;-----; . \n'4'1 6-,-j s 4;Y..-0:0 i.'.`'.7:-';-.°''‘'.?;/.L'-'iN:' .)ii. '"':1' _:,_'--.: ."2'.--•.'.1.-'7 k,,!,"" -- 1 T 1 - 1,,„1----"4--?_.n.t.,,, „ 7'--- - '-- ‘• ' --'....-OP'' - ....-0 '- --i.4"..,41.-117111":1001'... .- ,...-,-.1), ,. .. .- , 0 t 1,- t!, _- , ,_."-#: :.- <, - . --1, It 4 k k r,'..-...,.i,-,1 1 I I....,.,.4..4 F• ••• •_"`-..";,,. .,,,tP -'"--.. „.... - . -1 :.-.•/"''''...7:-.."->--T2&.M. .. X.: -.. .,.•:1 a-.Kil''- t•-•:- .,........t•A.0„k '•, '' .' .,'N.., -1__eN-:: :it'.'-s- -.-,. ..t - -..'-, .-.5-,.. ...iy---. - _ 4,, ',.-- - . ,...-- ... ---- ,iy,,,,.._-... ,,,... ..---,,.....„,,,,,_-_,....A.... _,.-_,•;---,. - ---0-______ ....., ..„4,/,‘„...-7.., --ucs, , f 3...ro- - ---- __-__ _ - ........,,,.., -,,,,,--,.....„------__ -../. pg,.• , _.....,-. -_,-1.-• ....,- "1- ., --... --- --; - -_aes4/..sw,,,Pftaillu,!, '.- ' _.v 2•#. "--S,,,..•..„......, -4-2.. ......'lle,,eiA,,,,Ntt.....-2---,..._,lz,... ' ......2,---- ..... 1‘7:',..--) 1• ' ...., OL aw... .---,- ...-„Lkyr....,, -. .-.... ".-_-_,,- , • ..".- •...-; ,,,I___ ' -”,•-•-'fr -',41.01...4& '' s,''', •:,--,•"• •,..-•:---,=-7-...‹, - ! xst-K-::/,'•-•-.. -, I, .-- - - - --/ ' >L., 46.111411e. r......W.,s,ret-r - ,..-_,„ _...O.A•--'-‘ ' ' ..),•';istelS'' , - •.,. -••• (01:-.. • i , ,_AP , -_ __.IL- e ,Z.,,e..1._•?,..-Vi-zt-ys..`,; N.:. -,....,04tri,tt Z---' ,.• --,i,_ • _ 1/4 ) -... -14):Migs",-.• .."-c.r.1?„--...iire'N' 1,. -. ." '''.r'4.474 -."--..-_,It..--•!,2 - - s'IEE9*,---_,-- II. :--•‘• I le-. -'_ / -41b--- "Z.fgrV4r•44-- •----'-14-r-zte•-i-i%-tt` _i,„.......- - 'Zip-1,--S\„--- -,_ *---7'`r---- PAM E • - • . ••• - Avi, .,,.er"•• v...-."---•--",'a,.... `N.-.c.-......,......23,4E1 ,t.... ..-..._../ — .,..•- --- ,/ ....;.,-44,-„e!....,:„.-a-,-------- - -....-„,„_••.-,-,,,y„ :01 ..._•,:_, _-_ ....,„ ......,,,..i.,_- , -1-f--. ..-,,..• . - _ 0 ,ts \ , - -__.* fi• \ . '"'.... 411.4".-- 110r ' 011,11M.W-.,..- -- .....-- w...r.F.A 6%:,_-_-,-71p1•••r.......--e-r.',-!.•.',' .......,...... .--, -,..0,,,,,•__......"-"... .47.,,,,,,,' 1,..', - -'''' , 'ietts.." `-'t,--V4.40-' ii.,w-i:f.".. .171.1.-k-__- -e-1;„,-'.''- :-- --_!'i• -..t.,, _ frettem"; '-' .3'...', "---.. .%.Y!lie.-0-''-'4 .---,'"."- r;.411- •- , 1. 1044, G"F""titt •'-.,- „....._ •. • \q,. ,,,." "------tkikv__-.- 'vt- Ft.• F .- --'-' 1.1%,..., te . ,..`..."Z":•' t. ,...,',... '''''' - .t ar -;'.-..... -4-4.--•-•1, 0-It'S".-- ..''10.-,,a-•It'4"'-'Nr..." ".::•-"*----------17," - - / ,r4 .._ -- LI _,/, 0...,..„...:,- jp(4;..k ":".-4ski ,• * ..,---,:... .....--,P... -‘4.-„es,. ",,,,p, ,,.. - ',4‘..."‘4,,.......,.-.. .---..-_,T.S -,.., "--.0-- -.-- - ' -- )1011 -. • e' 1.. '7- -.' to,"--....0. "-- --:z. ,-,;%...‘k,..,;;- _._----- -:4 4 0...„--k-s. ,- 1 . . 'e:...S.7` P ., - 4. '-7, -.... "•-.. _ilk - , . • t_ -.... cr:-..... 4. • liKii. • 'is . - ' - • ---., •..', ---'4"‘-..- - 11" .\''..1. --- . €.'"N''. ---41. .."..' ' N. - -:_ /y• -... ,,-. _ - , ....- _... . , . - • . e..,_, ..:_.„. _ _...„,r-0-..,.., I 7 „,„..t.--....i...r.N '%.0....r.., ,....--....f.'s ...$4,...__ _,; ,_,..- ; .„7_•,... ' ..• .."4... ,..- '. ;:% ** ••1'- - ..' •-•. \,' %7I-L\-k --.-4 'Z ' t ,4.:-."---. ''' . 04. ,-,p,-- ‘,_;, cc,„,L zit,,,., __.7. ,-. ,...-..,...„- ........ -----, ___, A.„--4-::, 7.....71. , - ..-..v. . -....,,,„ , -• ,,,,,,„••,;-,,,,,, ...4,„tn„ • • ,4.-__ -0 ---,ok-I-. I a . i .1 ,..;V:: -- •N • t... •-•. ..," -5, l. -.• la\- t\ - \ -:.- .,-1 '1.4.1,;' " vw.,..= L..k ,.-.,..'@g-q .10" -..7, • 'w 4,7, 4.. 4 ... it \ i_.,,. . • - • . - ' ,"•:- .'4.Y.''.:::4%.i- --.... ...,,“-,•,„ 5 ei. •-..s. -.:,... , •• ,. t :ii11414-644L, _ .1 '. _-..---,. ••-•.- •..,... i=-- - „.. • ,.....,4, ,.- .- • - , H -....,. , I I I A 00625 EXHIBIT 0 1_ Allocation of Fair-Share Assessments for the Proposed Mamalahoa Bypass Road a .....i ': #i ' %: ...... i:i:i` ?'j ? ....?`.ii.. ?!>:> :? rj i ........... # v/ I._ 1 m 3 r Y Z O ,..,..::,..:.::;„:.:„.:.,i;...:: ::.:. ::.,i.:.„.;:::.::.i::im,.....iai.i:.,..:: ::::.:::...::.:mmi.i.:::::.i......:::„.....:.:..::::::ii.:.;:m.i::::::::f...::: :::::.:g::::::::1;1:::::::::::::.....:..::::::m:..:..:::m.i.:::.::,i O 0 U c- U ., P.................................................................................... . ... . ..... .. .. v ...................................................... . .......................................... C ..5., .........................._........_....................................„................_______ m_ ca. �e H «s U l vi _ J Q z B 7 0 m a oU ..�::Vii` '':':'::`' ?� i`' `'> ::''i•�' <:' ':' �� ":�'.': � ::%�`:. ::':" oc._ g n tY O CI • 2 U�lQ o .:............:.::.. ri cts 0 d :i Af co._v C d QQf O XO S U W U es N r = ij2 ` %; % c. :` �<.:`:•+::`.:%.:.%: f� :ir 'ii ' ci %� ' %:` ` > �'"} ?5' risij'i'S+ >ii iN c 'tlIi:iIIIII to Q O m E OZ Qm 111111 I I I I IPARSONS A 0 0 6 6) BRINCKERHOFF EXHIBIT 4.",rst_ ...IN .. # , - :• : ----j:-;------4 _ 1 • - • - f-)•... =---,, , . ...y- • S.., • „ • I., _ ) - l'•-•-, A.'-1 • . 0 . -' '''"--_-•,_L-_ --.2-- • • ---. -=•• 1 T :_. / -,- *-*.v...- t:, - 1--.. - _-_/- . _ - - -T.-. • „t _.;„ . k, ,_ • -\ • • _ , . -\-,..• - - - ,.-- - - ,_ ,::,-2----_1;-,--___,,,-- - i.- ----__ ' •' )-' -- i :: -4---. ( -- - \• ----, • ' z •• __ ' - ' -- .:vii4 - --7-7-7-1 X--- • ---• " : . -\ .... - •1 --- ---.., -.-..- ...- . - V- - - - • ,,,.._ i r-4 ,t 1- -'1..--- •- --/--:,- .- : -,.._" -W.-:,---F-'--...,_, ---..--„.._ k,--.,•,., ',r..--L',____ _ .._,. --- _ -/:--N•-z---'' = - ----7-----A-,___ 7)--., \ :, -Pc-- -,-;--_1„:- - ,:I ...' -- i e --- • ,- - - . --.- • ---7-•:" :;u:st"-m___""__-!.... _.,- .....• . --, \_-_-__, -- ______,/,___/,'-',,..-1- ---- - . . ,-.1----., •.:_ _ _ , ,1-. 1--,_._------ _-•••---------z.„-, ... - - ---_-;_..,,,,---,....-------_---,,I - , . . z.• . , l .""66.4111%%, -,,-. _-•ir., - (,,_ ,‘ --_-_-___-:, - .. --k-------=-- - _ ---.. -.,,,,,, ---=--=-..-',- -•: ,A -----*---- . , - ____ . _..__ ____ • - - ----- -----,-- \., r"-- ----.--- : / . _ - - -i ---=_:--;,--___,4 ---. -,-..---- - --,-----c-_ ----44, '2•. , • ./ , -7'.. ."' ..-. ' -- r'-'.... .77 - - - .- '‘‘, --• • - - 7- - - - ---- - 4.7: • i - , • ... -..... s - __•• - ' ' -:.-. -- • -.. 1 -_-_..._-_-.._...._ re:„..-----..:-...,\•.,---:‘- . ii - . - “ : - _ _ _ %j,• ,- s„_ r- - 7 _ ,-•• ..--o . . -I i .1 ' _ •. • - -:-;.-•,-._-i• -'-i--i, - --_....-•/ ..- " .•4-•- ,-.-4--V.,--..-..-.,. ..,,t ... ''''.ft.,...:;•-,,--_.„‘.-...-..-,:-/-.,;..,,..,-•A-.i.,,,'--i-_r...-3,-•.y.,s,,•,.,.- ., t._,",,,•,•,,-,„,,,-.--.,..:‘>.,..---,-,-,---.,,I.,...,....„,--_•v,•-1 5-_.--___-..--_.-.,,,K„.---,„_..,_,„p,,,,,.., '-,.-_-.-:i...Z•.1-.-,- - ,, . -, r - _ . ---._„:-:---1..--4.-.,A1.,:-•_-,,,--,_ r ._.. ,. - , 7[ , . - • J -, /I ---..1,-. • --- ..-..... \,,,Ctr-,•45 -,:-..,-.,-t.-(4. -_---0------- •,-A,... ..-.. ._-_-_•:-.- -.-=.---_,,._- -....v1&„•i;_----4------,c.o.,:-. , - _ #i-i --......i - • . -•.? , -;••,-;.-_-_-, • - - ,----r•-c.--..., k--- . •-_,e,",• - -."- : •---L ...‘--- -4.--'2--frfr•-•"--- A ' I 1,/1 1:-+-:-7-_-^-.-35. - v, ^SeiA"-..4c,•--;" .11 -''''--;-'11e,.?" '..z"1.--'4t' - V. ••,-.-z-i- --•..- ' ' '."--- •- - ', " '' • 1-'-` • -13 f . .- , 4 . . .&., •-•••••_4t........**-4.441,:isifiAl A -, --... --- '..- .•-•;::,.6;-..7-4-1/ ...--*4.- • --. -....--- f--- ••,0-4--,.--...c.,41411•c••••..0,0, - - --, • ' - --- -0--, -,,,r,..-• i • ,‘, , , _ , I-bi. - __----_--- k - , ,,. ...____‘..- ...: ..1---./- ,:i.--,..::_-..:-. -•-•„.:"•:.::.,1,__‘,...2.„,'•••%-,.. ..,....-.. 4.0.,..----‘,.._,' ,N.....,_ __. ...-,•4.;,-,1„...-.sr•:.;5 ,,,,,we '''' .1,7 ,--.-- ,--- 7--,'"" , -' • _.:-..1 C.,..S.L.1:7..':,..t.i----%':--e. 274' Ira, - .-...- ---... -1-'- ..---.----,, •,- . '%5Q-. . . --'''''..:•z•-=-i-':ice7 P',.1,...--z-- - •-,tta. -:''- '-----7:;-.---t_,-------- ---/-1 7 -- . - , .- /"" ;•,---- • . - „u,--:4:,.-VltV -4 . ,,...c.„...„.6)....,(,,,.......,n.,":„/„._, * %.,..,..,A. _ )..,... .,..,. .....,,......___-.4__1 . • ' • % ..•i.. ...G. • Ian' .---.'44... 4. .... •A 'ik, ...'''-1. 1',-.. -,SZA161,21._ Vrt. ...,•-• „jr, ..__,- .. , ,, I " .,../ oft:-.1._ • ,‘,..j., . ,... - - _- -.',,,:., _-7:".'-.'-' ,11•-._..,.,_, .. '_ ''.z2.L..... -----`,.---,16,-.`" „iit.,... -,_ Vint`---'-,_......- '/.4,,.-- - - -' '' --..-- ( N. -"v..--...-x --.• •......;Op, . o `:',eV,s= ',-_,/- 0 ':•,\ i 44. --• . ..-L -.1b...---rerx ---*. ....11Z__').....;'...'.--` --'''',I,A.4.'''''--=--i IiilAv. ..Z\ ---'"-- 1-'-'4.-.' '-•-:--r-- - : (''''. ' -- ;4;4--,114.a-ca.E 11. .1., • •- . di i 1.• -... ...,-.e _,..t,..-- -,,:,...._,_ ,,.,-,,a,:t. _„ , - 1-1,-;,........:__-- _--.. --.14.- ,a-,..:.---: ._ .,- _ _ ,._ ,;•___,,...--__________Amaelem ,,,,. ,,,rer...4,--- ;city- . dy•-•.--.,•,,-=•-z _--_14.--: -- __ .1Za.W-194.....r.,_i.,__. .._‘.7.:.:4,,,:". -ZW4-Ls?el:-. -7,4,.•__. - -- s-c:--s-: , .-----"'C%;141: -...76-7 - '• --.t....4F•-,44;:\";111lik-.': _'4.'-'- ‘,1>Ilis,..:711:1:.\-1----9'...'''. ..:-...§."--:-.-74- .../...-•.z-4"e„,--- ,-;,".-. .-._ -....i4lt-7-1,.. 's.-....._ f 57,1•,, .• ..,. • ' .' 02 \ .;-4 6 •.p,..''''' ipt? t.- . S......N. ' , 'A -.' ---'---Za ....td•r.t.g.i. r--..-4.0 'r....-:;(1•7-.--'Z"."`4,.' 10:”..,‘„\•.. L.402,1, 4r..k."'t"...,V../..^.-- - .... / 14 _.7.--• • ••-.' - s" -••-% ',) --4:14ht&1/4.: 3 '''''a4.11ji e...e,ro,it '....;». --- A\%A.,..,----' -- '-'-k-1 --''..-:- " l''''.-- -4.-' Z.4- . _ ,7'.= - di" -.IN: -* !: :4-tii , %;:-...., -.4"'-`41' I *"....\.--i- .---.-1: -\'->:. .....,•=-4-":43„1-a --------- - ' .."' -. --2---'-:- 4 -'-- - I ...4 ., -- •-..4,/.• ..4.:••••• -".,- -......• 4S.-.7.." - . - i ...,,,,,. 1 __....,.• ' - -, ..A.,44,,,04,44.4%.,,,,i,4.....,„, • ,,,...., 1110 vA..- =,-.4%....-.-...../.: .....Le .;....'k.- ) -.4...'"..';- "- - -•--- .....-. r7.-_,:::,-ip.- :_,'.:-:.-..-.. i - -z r. ) -3.t--,11164) ,-, '_.'-'""-'r%"_--., :;;;;;N-,. _ .,. ...---r-.-•••,..‘k.„. 4...I 0.V.,,____ _ .._‘ , ,,. c 4. . . _. . -' " C-'r".114P-43-.-•.,\-\. \ r- "''0.`'!''iiii- .---.7t-''7 --'.C.- -;. 6.•-:' . . -'.' z `,1•_.: .r----,;,.._--r-- -x-f21,--.f: '4-.‘ .*-, i .iN' '' -'4• '-.-4-li, -.. 44 /g.:"-"-4....4'' ITA 21 4 r'0-,-..%_.` '- .,'-‘'..7 ..... e :e 1 - 1.: 4- .7*.‘• . N.5.6'..' •- -6, I ' . i 4 ''.1'1;' -... ca. ,....k .• • ,;.... :‘4,..‘k:,..4 ,FA a. % -1,%.`•.‘ - ---."-Y='.1•:;...:.:;.• i_ t ---- :-• L,$1.-',---t d• /14„4„,..„ ,,- .9.- . ---. • ..-....,_ „rt....• 111•1114....„, 1 6 '`'" - *I'''''k-'''' °1 -'. 1 .. .- I '. 0' 4 • .*---•"'•- iz ' - ''' .'41,s„' . •',,./77 .,„--,..,- -I v .A•,... ----' - FA'..••••••• f.`•' ' •-• -.. ,.. i=b ', '-.. '/ " " 1..-•:-‘d `,;•- - ' . , . . .-''••. 1 -4.- 4 ' '. •, . ...............4 .r.z_._-...,_ - -54- :7-- - --. '. I ••!•-.. e•-, 7---------- /:-. 0 c-...............A.,,q. .... ...-... ,_ -...="1,- • ;tf\P-\.,A .,7 1 .... [ 1 1 EXHIBIT Q A 0 0 6 2 7 1 i r - y • a.;1 , b w - -__ _. t- ha`- r�. \. ,'-:-_,-_--_,.-•—_V.:.•._-_____ i: . ti yi iv.; _ • t .1.1'1.- • • • a/ i ' C_ T/ / - ••••• 44 s _ - _ i'"— �� �, _ d. ' / �•� \ \ `{/ -:-. i^.-.4.f '- ' /' _� ,` _--"i— -":"' a-- •- --....,,,i----- -::._ �' ; \•,-•-.1"`"-am_. �� •-- i a\ _.. • r-•, / i. `'_.jroacEL C'-",+ /~ "_1 - ., b: rpt - .-_ "4 r ef\\'�. ,• - '.• . ` !/. .• f' . it"csrO. ,. pa slaw:47� T L E a d ✓ 1��"ae a••mo i ,---r-4;:....-1--'-''-'1111r . a • �, aV J - ' • -- ./....,,r_,.....,„._...,, , `r�\`\t‘.,.,C 19 - ', �`„'>;. Wil?--� /‘,..........„ ,_,„� �v .���% Q _ .• •,-- ,, . ...., `i' r" ~�' 4:, ,. •. - _ tRZl�.'��y'�,.. ,..1., -ate �f` - I - T.�r t• - -—,-- - .' .'i � 1Y,J4i r ..,-.4,4..c.„,-4.1.' .,h••- = •roti R�.+EV/ . ‘1•'-2'.'7---'7'o:� •_ ;)•__M ��� , REs E.rP•y,A cu _r i` _•'^r &v.!'a �. r'-'_-_j,,}r I G'_ .....Ay, -,---,:. J �s ,- ;.. r ,tel% ;':,R `� 6-Vir�r%i""P',.8 ,1 � .. .. �`'�._ -2--1: T_ r� \"s �..., 'b�S� � ��r r ` f 3..a 1 •"; --, � � _-4. E "IV, • /• � der . �� .ya ``��_ - y l "tom �;. t =..„,:%..).,-,-.. i;. _ �� �= Lar Nct40EMR4.i- r �,.� :gide a• '_. r l l ��u�•�, •P.. .7� _ 4fr, �•.�L�.`t� lei _ ".. - X f _ i�r1`K� s i .7.7:-'5:mac �� .` -Ir,O1"' a�,, �1 �� t C"�"y, • W _ .v .4.."4---144k,, !F !fry-�1�'Ei�C _ y- ;�� '� r '�`-�'�r��.(." ` �= ��,yyy���jjj '. x�J p j y�r. moi•+/ �,o r • i -: ►� / , ,s : ,� . , L ;rrh•- -•,..;ri .�;+ -a-. E p��Y.;s, 4. ,„402,.."Pti fJ___,- ` < _ ;fi t R•ot, j,- _< tor 04 .t', _tom /: ,�.., �� • \\l .� 4. l 4f r�-� i r •1 r�F ^" j. • ,ir 1 --- - 'it• . • NAL:--4 8 ,„,,r K;---7-•;,' ,fiv,_ >.;-,,:_t-,P' e.:41,3is.:}7-,tf,-- --- .,;&•-..,i,. .... •:, akk _ •-,•00- ,,,: .. Ilk\• ..t.i: ';-`,7=','‘7.,„,4.14,T-' 11/,0-''' 2-',.a..-v ea g ,e4„„si ,,,,,,,,,„,. .),....._ • aftl6PE ", FJ _ _ , fi • n,,r C ." d [ , J V///l COASTLINE PARK [_ A0062 EXHIBIT R. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 18; (Draft ORDINANCE NO. 3 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND ( SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY _ DISTRICT CLASSIFICATION FROM AGRICULTURAL B(A-CHANGING T'"y UNPLANNED (U) TO AGRICULTURAL (A-1a) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, AND 2ND, ILIKAHI , KANAKAU 1ST AND 2ND, KAL LU1S HALEKII , 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAU , SC 2ND ANY TAX MAP KEY 7-9-06 :PORTION OF 1, 7-9-12 : PORTIONS �OFO3, 4, BY AND 8-1-04 : PORTION OF 3 . AND 5 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-87, 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 Kanaueue 1st and 2nd, North Kona, Hawaii , shall be Agricultural (A-la) : ff PARCEL 1 : Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to American Board of Commissioners for Foreign Missions, being also a point on the division between North and South Kona, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1, 704 . 58 feet North and 6 , 126 . 02 feet East and running by azimuths measured clockwise from True South: A00629 EXHIBIT S _ E 1 . 71° 45 ' 902 . 30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission • Award 387, Part 4 , Section 2 to American Board of Commissioners for Foreign Missions to a point; 2 . 152° 14 ' 1, 055 . 02 feet along the remainder of Grant 865 to John Nakookoe to a point; Thence, for the next seven (7) courses following { along middle of stonewall and along Grant 992 to W. Whitmarsh: 3 . 251° 23 ' 30" 224 . 69 feet to a point; 4 . 250° 35 ' 58 .35 feet to a point; 5 . 255° 17 ' 131. 07 feet to a. _ point; 6 . 240° 43 ' 26 . 91 feet to a point; 7 . 257° 50 ' 172 . 57 feet to a point; 8 . 243 ° 13 ' 30" 21 . 91 feet to a point; 9 . 256° 57 ' 98 . 95 feet t o a point ; Thence, for the next twelve (12) courses following along middle of stonewall and along the Cremainder of Grant 865 to John Nakookoo : 10 . 338° 17 ' 30" 158 .36 feet to a point; 11. 257° 24 ' 102 . 95 feet to a point ; 12 . 255° 40 ' 30" 171 . 35 feet to a point; 13 . 261° 29 ' 101 .46 feet to a point; 14 . 346° 30 ' 30" 54 .40 feet to a point; 15 . 343 ° 21 ' 30" 152 . 40 feet to a A00630 �. point ; 16 . 346° 20 ' 165 . 46 feet to a point ; -2- 17 . 343 ° 29 ' 30" 80 . 88 feet to a point; 18 . 357" 13 ' 57 . 51 feet to a point; 19 . 345' 53 ' 30" 154 . 41 feet to a point; 20 . 333° 53 ' 114 . 71 feet to a point ; 21 . 3450 43 ' 43 . 78 feet to the point beginning and containing an area of 22 . 25.1 Acres , more or less . (Refer to Parcel 1 as shown on Exhibit "A" . ) The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and � Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-la) : PARCEL 2 : • Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of Uferred to Government Survey TriangulatiionStationlnning" UU OH U " being 5, 408 . 20 feet North and 934 .23 feet East and runnin ( by azimuths measured clockwise from True South: g Thence, for the next sixty-seven (67)) courses ® following along middle of stonewall and along Royal Patent 1098 , Land Commission Award 614 to Charles Hall : 1. 172° 44 ' 35 . 46 feet to a point ; l_ _ 2. 250° 06 ' 26 . 01 feet to a point; 3 . 245° 26 ' 19 . 20 feet to a point; 4 . 2510 15 ' 39 . 58 feet to a Point ; 5 . 259° 25 ' 18 . 68 feet to a point ; 6 . 246° 50 ' 16 . 35 feet to a point ; A00633L -3- - 1, 1 7. 254 ° 27 ' 40 .28 feet to ao' p int; 8 . 323° 16 ' 7. 32 feet to a point; 9 . 249° 32 ' 44 . 32 feet to a point: • 10 . 265° 01 ' 30" 16 . 93 feet to a point; 11. 271° 10 ' 30" 50 . 61 feet to a point; 12 . 261° 46 ' 30" 67 . 77 feet to a point; 13 . 256° 32 ' 30" 36 . 61 feet to a point; 14 . 262° • 38 ' 30 .23 feet to a point; 15. 258° 17 ' 37 .28 feet to a point; 16 . 254 ° 45 '( 21.32 feet to a point; 17. 257° 35 ' 30" 36 .22 feet to a point; 18 . 265° 03 ' 21 . 89 feet to ao ' p �.nt; 19 . 263 ° 53 ' 30" 45 . 49 feet to a point; 20. 266° 14 ' 44 . 43 feet to a point; 21. 249° 07 ' 32 .29 feet to a point; 22. 256° 49 ' 30" 41. 74 feet to a ( point; l _. 23 . 250° 03 ' 30" 91. 17 feet to a point, i 24 . 257° 28 ' 88 . 18 feet to a l point; . 25 . 253 ° 37 ' 30" 14 . 36 feet to a point; [ 26. 271° 49 ' 7 . 86 feet to a point; 27. 243 ° 18 ' 30" 43 . 30 feet to a point; 28 . 252° 36 ' 45 . 75 feet to a point; 29 . 262° 29 ' 35 . 65 feet to a point; 30. 265° 31 ' 13 . 70 feet to a point; - . 31. 260° 35 ' 30" 76 . 29 feet to a point; 32 . 268° 05 ' 30" 59 . 53 feet to a point; A00632 - • -4- n n 33 . 253 ° 49 ' 30" 12 . 40 feet to a point; 34 . 259° 40 ' 25 . 69 feet to a point; 35 . 264 ° 02 ' 51 . 71 feet to a point; 36 . 259° 49 ' 30" 85 . 74 feet to a point; 37. 266° 56 ' 48 . 70 feet to a point; 38 . 265 ° 44 ' 61 . 02 feet to a point; 39 . 272° 05 ' 60 . 95 feet to a point; 40 . 269° 19 ' 30" 91. 04 feet to ,a point; 41. 275 ° 29 ' 26 . 42 feet to a point; . 42 . 280° 52 ' 30" 26 . 76 feet to a point; I_ 43 . 272° 21 ' 30" 28 . 45 feet to a point; 44 . 277° 12 ' 46 . 47 feet to a point; 45 . 273 ° 22 ' 30" . . 84 . 54 feet to a point; 1 46 . 273 ° 04 ' 30" 57. 99 feet to a point; 47 . 270° 29 ' 1211 30 . 67 feet to •a point; 98. 275° 46 ' 30" 91. 01 feet to a point; 49 . 267° 54 ' 30" 87. 48 feet to a point; ti 50 . 261° 05 ' 30" 28 . 16 feet to a point; 51 . 266° 13 ' 128 .24 feet to a point; 52 . 270° 26 ' I 114 .47 feet to a point; 53 . 260° 09 ' 81.24 feet to a point; 54 . 262° 27 ' 166 . 66 feet to a point; 55 . 261° 47 ' 108 . 98 feet to a point; 56 . 243 ° 34 ' 33 . 10 feet to a point; 57. 259° 14 ' 30" 37. 03 feet to a point; 58 . 265° 34 ' 30" 77. 10 feet to a point; A00633 -5- 1 59 . 262° 59 ' 118 .99 feet to a point; 60 . 256° 19 ' 39 . 78 feet to a point; 61 . 262° 44 ' 82. 08 feet to a point; 62 . 267" 50 ' 34 . 11 feet to a point; 63 . 265° 25 ' 63 . 09 feet to a point ; 64 . 273° 36 ' 30" 112. 92 feet to a point : 65 . 268° 50 ' • 151.03 feet to a point; 66 . 274 ° 59 ' 30"( 35 .27 feet to a point; 67 . 268° 30 ' 30" 48 .40 feet to a point; Thence, for the next three (3) courses following along the Westerly side { of old railroad and along the remainder of Grant 2029 to S. W. Makahiki : 68 . 15° 00 ' 431 . 60 feet to a point; 69 . 0° 23 ' 223.30 feet to a point; ij 70 . 333° 44 ' 145 .20 feet to a point; Thence, for the next seven (7) courses following along the Westerly side ( of old railroad and along the remainder of Grant 1453 to John • Cavanah: 71 . 319° 08 ' 63 . 63 feet to a point; 72 . 327° 12 ' 30" 92. 54 feet to a point; 73 . 333 ° 41 ' 55 . 11 feet to a point; 74 . 341° 52 ' 42 .41 feet to a point; 75 . 350° 21 ' 65 . 77 feet to a point; 76 . 357° 11 ' 30" 87 . 84 feet to a point; 77 . 7° 46 ' 82 . 65 feet to a point ; A00634 -6- 78 . 17° 59 ' 209. 88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79 . 15° 46 ' 30" 221. 91 feet to a point, 80 . 350° 40 ' 30" 86 . 03 feet to a point; 81 . 346° 02 ' 30" 127 . 39 feet to a point ; 82 . 347° 43 ' 68 . 36 feet to a point; 83 . 356° 37 ' 108 . 84 feet to a point; 84 . 358° 09 ' 110 . 66 feet to a point; 85 . 6° 27 ' 30" 75 . 31 feet to a point; 86 . 357° 30 ' 30" 143 . 26 feet to a { point; ! j 87 . 8° 45 ' 30" 30 . 57 feet to a point; 88 . 359° 52 ' 108 . 27 feet to a point; 89 . 265° 47 ' 29 . 79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight (8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90 . 357° 33 ' 107 . 96 feet to a point; 91 . 352° 21 ' 72 . 88 feet to a point; ( 92 . 356° 43 ' 30" 32. 40 feet to a point; 93 . 353° 27 ' 38 . 77 feet to a point ; A00635 -7- LI 3 94 . 350° 36 ' 29 . 09 feet to a point; 95 . 339° 51 ' 130. 13 feet to a point; 96 . 329° 39 ' 30" 32 .22 feet to a point; 97 . 326° 06 ' 51. 01 feet to a point; 98 . 324° 59 ' 10 . 48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; r , 99 . 320° 39 ' 115 . 81 feet along the remainder { of Royal Patent 5336 , Land Commission Award 9413 to Kahana to a point; 100 . 67° 26 ' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh . to a point; 101 . 70° 35 ' 63. 69 feet along middle of stonewall and along Grant 992 to 11 W. Whitmarsh to a point; 102 . 67° 10 ' 30" 124 .47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; ( 103 . 72° 45 ' 45" 371. 54 feet along Grant 992 to W. Whitmarsh to a point; 1 104 . 79° 49 ' 199 . 17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105 . 82° 05 ' 30" 51. 64 feet to a point; 106 . 83° 18 ' 181 . 52 feet to a point ; A00636 -8- ,/ 107. 84° 58 ' 30" 118. 82 feet to a point; 108 . 85° 30 ' 30" 145 . 13 feet to a point; 109 . 91° 09 ' 79 . 55 feet to a • • point; 110 . 82° 04 ' 95. 77 feet to a point; 111. 82° 31 ' 45" 212. 72 feet to a point; 112. 359° 15 ' 512.31 feet to a point; 113 . 268° 21 ' 280. 72 feet to a point; 114 . 259° 47 ' 379 . 67 feet to a point; 115 . 260° 53 ' 149 .26 feet to a point; 116. 259° 07 ' 153.59 feet to apoint,• 117. 266° 02 ' 30" 90. 63 feet to a point; 118. 250° 32 ' 115. 64 feet to a point; 119 . 240° 54 ' 54.22 feet to a point; ( 120. 246° 41 ' 140.89 feet to .a point; 121. 256° 30 ' 30" 95.53 feet to 'a point; 122. 240° 04 ' 30" 52. 97 feet to a point; 123 . 245° 12 ' 30" 66.16 feet to a point; 124 . 257° 45 ' 30" 34 .33 feet to a point; [ .� • 125 . 239° 59 ' 72. 54 feet to a point; 126 . 250° 39 ' 30" 70. 76 feet to a point; 127. 246°. 08 ' 111. 93 feet to apoint,; 128 . 332° 14 ' 1, 055 . 02 feet along the remainder of Grant 865 to John Nakookoo to a point; A 00637 -9- ( ) • Thence, for the next four (4) courses following along Royal Patent 1670 to John D . Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions : 129 . 64 12 ' 628 . 00 feet to a point; 130 . 79° 26 ' 602. 00 feet to a point; I • 131. 77° 00 ' 987 .00 feet to a point; 132 . 72° 13 ' 704 .78 feet to a point; 133 . 154° 42 ' 918 . 93 feet along the remainder of Grant 1587 to John Peters to a point; alongthe remainder of Grant 1587 Thence, following to John Peters on a curve to the right with • a radius of 1, 030 . 00 , the chord azimuth and distance being: 134 . 174 ° 32 ' 30" 699 .21 feet to a point; 135 . 194° 23 ' 350 .20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1, 270 . 00 feet, the chord azimuth and distance being : 136 . 165° 33 ' 1 , 224 . 95 feet to a point; 137 . 136° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point ; -10- Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1, 030 . 00 feet, the chord azimuth and distance being : 138 . 149 ° 59 ' 30" 473 . 03 feet to a point; 139 . 163 ° 16 ' 839 .35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a Point; Thence, following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the left with a radius of 470 . 00 feet, the chord azimuth and distance being : 140 . 136° 23 ' 15" 424 . 98 feet to a point; 141. 165° 15 ' 189 . 91 feet along Grant 1651 to Charles Hall to the point of 'beginning and containing an area of 295 . 539 Acres . (Refer to Parcel 2 as shown on Exhibit "A" . ) SECTION 2. Section 25-88 , 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 Halekii and Keekee 1st, South Kona, Hawaii , shall be Agricultural (A-la) : A00639 -11- PARCEL 3 : Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "pw OHAU" being 2, 272 . 75 feet North and 8 , 616 . 61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44 ' 55" 482. 03 feet along Lots 39 , 38 , [ 37; 36 , 35 and 34 of Kona Scenic Subdivision, Unit II. (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to ( American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki ' i Street to a point; 2 . 78° 30 ' 470. 15 feet along- Lot 3 (Government Land - County of Hawaii) to a point; 3 . 348° 30 ' 438. 70 feet along Lot 3 (Government Land - County of Hawaii) to a point; [ 4 . 266' 28 ' 187.31 feet alongLot t 3 (Government Land - County of Hawaii) to a point; Thence, for the next eleven (11) courses following along middle of ( stonewall : ( A00640 -12- ft ,i I 5 . 4 ° 59 ' 157 . 50 feet along Lots 22 21 of Keekee E and (File Plan statt and 2087) and along the remainder of aGrpoint 977ant to Panaunau to 6 . 17° 24 ' 30" 102 . 93 feet along Lots 21 and Keekee Estates (File Plan 2087) and along the remainder of aGrpoint 977ant to Panaunau to 7 . 7° 45 ' 30" 174 . 98 feet along Lots 20 and Keekee Estates (File Plan 2087) and along the remainder Grant 977 to Panaunauf 8 . a Point; to 91° 17 ' 30" 56. 46 feet along Lot Keekee Estates (File ) and along the Plan 2087 remainder to Panaunau to Grant 977 9 . 355" 54 ' 30" to a Point; 333 . 18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) along the remainderred Grant 977 to of Panaunau to Thence a Point; ' for the next .) courses four (9 '• ' following along 10 . 86° 02 ' 30" Grant 866 to Ka [ pule : 309 . 93 feet along Lot 2 to a 11 • 80° 19 ' Point; 207 . 35 feet along Lot 1 to a 12 . 750 14 ' Point; I183 . 86 feet along Lot 13 . Point; 1 to a 79o 02 ' 674 . 13 feet along Lot 1 to a point; A00641 -13- I i 14 . 177° 38 ' 634 . 16 feet along the remainder of Grant 977 to Panaunau to a point; • 15 . 75° 14 ' 1, 338 . 05 feet along Grant 977 to Panaunau to a point; 16 . 150° 55 ' 956. 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of ( Commissioners for Foreign Missions to a point; 17 . 251° 45 ' 902 . 30 feet along Grant 865 to John Nakookoo to a point; Thence, for the next thirty-six (36) courses following along middle of stonewall • and along Grant 865 to John Nakookoo: 18 . 250° 02 ' 30" 41.72 feet to a point; 19 . 238° 11 ' 30" 99 . 82 feet to a point; 20 . 246° 13 ' 93 .37 feet to a point; 21. 253 ° 29 ' 121. 82 feet to a point; 22 . 257° 51 ' 121. 61 feet to a point; 1 23 . 249° 33 ' 59 . 76 feet to a point ; 24 . 245 ° 51 ' 177.23 feet to a point; 25 . 248° 02 ' 30" 92. 17 feet to a point; 26 . 240° 26 ' 30" 60.37 feet to a point; 27 . 254 ° 58 ' 110.46 feet to a Point; 28 . 258° 29 ' 24 .30 feet to a Point ; f A00642 -14- 1 { f 29 . 274 • 56 ' 30" 31 . 91 feet to a point; 30 . 260" 18 ' 30" 148 . 31 feet to a point; 31. 253° 43 ' 47 . 09 feet to a point; 32 . 243° 21 ' 30" 89 . 60 feet to a point; 33 . 263 ° 53 ' 30" 70 . 49 feet to a point; 34 . 254 ° 39 ' 30" 21 . 88 feet to a point; 35 . 269° 41 ' 41 . 10 feet to a point; ( ' . 36 . 288• 24 ' 45 . 97 feet to a point; 37. 255° 29 ' 30" 27 .38feet to a point; 38 . 241° 21 ' 30. 35 feet to a point; 39 . 227° 12 ' 30" 1 53 . 91 feet to a point; 40. 216° 24 ' 30" 55 . 73 feet to a Point; 41 . 238° 55 ' 30" 27. 24 feet to a point; 42. 255° 23 ' 30" 1 1 29 . 74 feet to a point; 43 . 271° 22 ' 69 . 73 feet to '8 point; 44 . 265° 04 ' 29 . 52 feet to a point; 45 . 275° 29 ' 30" 98 . 69 feet to a point; 46 . 271° 04 ' 85 . 71 feet to a point; • 47. 277° 42 ' 30" 71. 32 feet to a point; 48 . 269° 46 ' 21. 84 feet to a point; 49 . 270° 48 ' 110 . 24 feet to a point; 50 . 268° 22 ' 91 . 02 feet to a point; 51 . 258° 19 ' 92 . 53 feet to a point; 52 . 270° 26 ' 57. 58 feet to a point; A00643 -15- 5 1 1 i n I 53 . 265° 38 ' 177 . 70 feet to the point of beginning and containing an area of 54 .387 Acres , more or less . (Refer to Pacel 3 as shown on Exhibit "A" . ) The district classification of the following area ( • situated at Halekii , Keekee 1st and 2nd, Ilikahi, Kanakau r d - 1st and 2nd, Kalukalu lst, , 2nd, and 3rd and Onouli 1st, South Kona, Hawaii , shall be Agricultural (A-la) : PARCEL 4 : Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze, the coordinates of said point I of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4 , 046 . 78 feet South and 6, 502. 93 feet East and running by azimuths measured 4 clockwise from True South: 1 1. 65° 45 ' 54" 1, 071.96 feet along middle of Istonewall and along Grant 1162 to F. O. Schulze to a point; I . 2. 78° 08 ' 30" 1, 407 .43 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point ; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and r 7146 , Land Commission Award 8452 to A. Keohokalole: 3 . 203 ° 12 ' 488 . 09 feet to a point; Thence, following on a curve to the left with a j radius of 870 . 00 feet , the chord azimuth and distance being : A00644 _. L fl 11 . 203° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to Kamakahiona on a curve to the left with a radius of 645 . 00 feet, the chord azimuth and distance being: ii 12 . 186° 42 ' 30" 362 . 96 feet to a point; 13 . 170° 22 ' 60 . 05 feet along the remainder of Grant 1177 to Kamakahiona to a point ; f ' Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705 . 00 feet, the chord azimuth and distance being : 14 . 186° 12 ' 384 . 70 feet to a point; III Thence, for the next five (5) courses following along the remainder of Grant 1176 to Kini : 15 . 202° 02 ' 35 .26 feet to a point; Thence, following on a curve to the left with a radius of 30 . 00 fee€, the chord azimuth and li distance being : 16 . 157° 02 ' 42. 43 feet to a point; 17 . 112° 02 ' 85 . 32 feet to a point; Thence, following on a curve tothe left with a !�- radius of 645 . 00 feet , the chord azimuth and distance being : 18 . 97° 14 ' 329 . 53 feet to a point ; 19 . 82° 26 ' 397.26 feet to apoint; A00646 -18- 1 IIS it 1_. to the current landowners of the subject property within h j, one-hundred-eight ght Y (180) days from the effective date of this ordinance; provided that a I( maximum ninety (90) day extension may be granted by 'I_ the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department.. of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within It one-hundred-eighty (180) days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property r shall besubmitted to the Planning Department and Tentative Subdivision Approval secured within four (4) years from the [ effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within �� five (5) years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works , whichever is !- applicable; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation !,( site; A00648 1, -24- shall be responsible to comply with the following terms and conditions : (1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345 , subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources , prior to Final Subdivision Approval, or any land alteration activity, whichever comes first;. (2) An area comprising twenty-five percent % (25 0) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and. improved by the applicant or its agent in phases within five (5) years from the date Final Subdivision Approval is obtained on the subject property. The { first phase shall be completed and open to the public 1 within thirty (30) days following the opening of the ( golf course; (3) No more than a total land area of twelve ( 12) acres shall be permitted to be constructed , operated and maintained as part of the applicant ' s golf course, approved as Use Permit No . 115, and included within the coastline park or the existing conservation �_. district lands ; (4 ) A minimum of twenty-five (25)) public parking stalls in addition to parking stalls for residents , guests , and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking areas) signage and provisions for public access for night fishing and marine food A006 J ® -26- gatheringpurposes P poses over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike; and I (5) The public shoreline access plan shall also integrate wnere appropriate, any public accesswa �( Yts) to l interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources and in conjunction with the detail mitigation plan for the park area situated in the Conservation district . (I) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of the coastlineark p and trails; provided, that restrictions in accordance with Chapter 115, Hawaii Revised Statutes , will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public f health and safety and theeneral security ecurity of the -premises for residents and guest of the project to protect the areas ' pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4 , 1 . Hawaii Revised Statutes . The applicant shall own the coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions ; OOGbi -27- t (-) (J) Should any unidentified sites or remains such as artifacts shell , bone, or charcoal deposits, human burials rock or coral alignments, ered pavings or walls be encountered , work in the immediate area shall cease and the Planning Director shall be immediately notified . Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property.Y 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; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any ` ortion P of the subject property, the applicant shall : (1) construct the channelization and signalization of the Mamalahoa Highway-Haleki ' i Street intersection; [ (2) determine the final right-of-way alignment of the entire Mamalahoa Bypass road as shown in Exhibit "C" , including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed AOi,l6I -28- (6) provide roadway stub-outs , generally shown in Exhibit "B" , to provide future connections between the subject property, the Alii Highway, and southern extensions there from; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public 'Works . The applicant shall construct the Mamalahoa Bypass to State Department of Transportation-Highways Division standards for a• regional arterial bypass highway or segments thereof, r - and shall provide alandsca a buffer ffer along highway sections within five hundred feet of existing dwelling , as required by the chief engineer, to reduce the impacts of noise and light on the residents therein and to generally beautify i the highway appearance in such locations . Roadway segments providing the bypass ' s connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials , pursuant to il Chatper 23 of the Hawaii County Code, instead of the State DOT standards for major arterials , in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be Ia lesser, connector road and for the later extension of the arterial bypass highway to be sustantial) g y substantially further north Ior south before merging with other arterial roadways; provided that the applicant shall enter into a A 0 0 6 5 4 reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction,r land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Bypass Highway and which funds are available to the county for 1 such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the l -30- (6) provide roadway stub-outs, generally shown in Exhibit "B" , to provide future connections between the sub ' property, the Alii Highway, sect p y' 9 y, and southern extensions there from; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works . The applicant shall construct the Mamalahoa Bypass to State Department of Transportation-Highways Division standards for a• regional arterial bypass highway or segments thereof, ( and shall provide a landscape buffer along within five hundred feet of existing dwelling , as sections as required by the chief engineer, to reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations. Roadway segments providing the bypass ' s connection with the existing highways at its north termini shall be built to county dedicable standards for secondaryarterials pursuant to Chatper 23 of the Hawaii County Code, instead of the State DOT standards for major arterials , in the case where the roadway segment is consistent with a Department of - Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass yp s highway to be substantially further north or south before merging with other arterial roadways; provided that the applicant shall enter into a A006o4 I, reimbursement agreement with the County which sets forth 1 the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Bypass Highway and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the -30- S total cost of land acquisition, design and construction of the Bypass Highway incurred by the applicant, less rata portion attributed to the subject property; the pry P Y: (M) Prior to Final Subdivision Approval of any portion with Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge, and related facilities , the applicant shall : ( 1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C" , meeting with the approval of the Department of Public Works , in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalohoa Highway g y and Napo opo o Road , meeting with the requirements of the Department of Public Works, in f _ consultation with the State Department of Transportation-Highways Division; (N) All roadway improvements stated in Condition L and M of this ordinance shall be dedicated to the appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall be offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes . Any connector roadways , and any protion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law; A00655 -31- K (0) To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide a maximum of two acres of land abutting the • north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (P) In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, It, L, and M, the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together fg with the appropriate bond, surety or other security deemed I ? acceptable to the Planning Director and the Corporation ( Counsel . Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be grunted prior to the actual construction of required infrastructural improvements; (Q) The Applicant 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 road and traffic impacts , as required in Conditions L and M; (R) It shall be demonstrated to theA00A656 tisfacof the Planning Director that agricultural activity is being conducted on the subdivided lots within threeea y rs from the date of Final Subdivision Approval . For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops , including but not limited to flowers , vegetable, foliage, and fruits that are propagated for economic or personal use . An agricultural activity will be considered satisfactory: f (1) if such activity is implementing P 9 a conservation program for the affected proved the applicable Property(ies) soil and water conservation district by directors and filed with the Soil Conservationlct Service; (2) if it provides a source of income reside on the tO the person(s) who Property; or (3) if the property is dedicated for a accordance with a 9riculture uses in pplicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly a recorded with the State Bureau of Conveyances and copy of the recorded deeds shall be filed with the Planning Department within on from the date of Final Subdivision Approval . year Pproval . Each approved lot must •• above requirements to comply with at least one of the satisfy the conditions of approval of this ordinance; S ( ) Restrictive covenants in the deeds of all shall prohibit the construction of a second hdw hinge ed lots ( .r on each lot; provided that this shall not preclude the unit construction of a 11 F guest house as defined under Chapter 25 E _ of the Hawaii County Code. A copy of the covenant (s) to be recorded with the Bureau proposed shall be submitted to °f Conveyances the Planning Department for review and approval prior to final subdivision approval . A copy of the approved covenant shall be recited in an executed by the applicant and the count Instrument the Bureau of Conveyances and recorded with yances likewise prior to final subdivision approval ; A006 -33- f (T) The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police, solid waste disposal facilities , sewer and roads . The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted . The fair share contributions described ::elow shall be adjusted annually based on the percentage change 1 in the Honolulu Consumer Price Index (HCPI) . The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size shall be based l on a maximum density for each lot as determined by y the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities , or any combination thereof shall have a maximum combined value of I $ 4 , 701, 205 . 74 . In lieu of paying the fair share contribution, the applicant may construct such Limprovements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies) . Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall , at the applicant ' s request be credited towards any of the applicant ' s future developments that require ( infrastructural impact contributions; (U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject property; A00668 -34- (v) In the event that the State Department of Education adopts Program an educational facilities impact fee oc, the applicant shall participate in the requirements of the program; (W) Comply with all applicable laws, rules , regulations and requirements , including those of the Department of Health, [ Fire, and the Department of Water Supply; PP Y. • (X) 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; (Y) 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, (Z) An extension of time for the performance of conditions within the ordinance, with the exception of ConditionC, 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 ; A006b9 -35- ( (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 rear may be extended for up to one addi:.ional year) ; and 1 k (5) should the Applicant require an additional extension of time, the Planning Director shall submit the - 5 Applicant ' s request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 4 . In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect theother parts of this ordinance. A00660 -36- SECTION 5 . This ordinance shall take effect upon its approval. 1, INTRODUCED BY: COUNCIL MFMBER, COUNTY oil HAWAII Hilo, Hawaii Date of Introduction: May 11 , 1994 Date of 1st Reading : May 11 , 1994 Date of 2nd Reading : June 15 , 1994 Effective Date: June 28, 1994. APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL �� DATED: IG L_ I A00661 { -37- I ROBS I. yA.N (-f*AC 24%.14Z.• ,'% •.: •..• CONs r OFFICiki orpE OF SIF�,O BOBBY l'EAN aunty olN MY CLERK Ha air Hawaii County Building 25 A uPunr Strew Hilo Hadi 96720 (( . E • on Bill ill no. 182 iExhibit. � made �O map attache �• 6 ordinance No d hereto sem, reference � ��., marked Exhibit "____A___" , is Said -h - ��.. ' t ° he I I � ordinance, due is not Parr f t l _ Office tO its six dup'�Icat of the county Clerk. but is available a copies of this k. for viewing in the If further information is [ needed call 96Z`82 L � � 55. I .Li _lr.i_ . . °b3 n J pUNTyr-s-ah -ku CZE . L. OO6t 2 1 9900v o 1 . .1.1_,..--,..::_.4:.:._..- .;:„...„ — -N..; —. ..._i_i . . (.- (,- ...._,., /... -- • ..____•_ . 0 ...1 - ) 1 ) , r..,4• " . . •.... l� .� .r. , ;.^ • -') 1.: , - • 00 ' • ' 4iIr 7.----.; : • — .•-:-1 217( ,.„..4,,a , .. --. . ., • ‘. .. : . • 1 _ .:, 1r , :f A ip . . -. •: la,, :1.fix-rdir. 4310 ik -•".411)011 err • i�+a1'4 / / - • i mof , ��� � f �, .i.!::: ;_<.• ': • c - ERA% eil • iv�•: �A. i�_:A Arka �' •4 1 :__- / c ...-4/ ---jognira 4 ci- • 1 - a .r , ,„,„42.,� ytj. Tc� /.� \ ' ( �. /.,_. . L --) -' a.,fir, . ,: �'� _ Q n Wiwr.„i _ 1 z �;.,'.,„i -5=__: (.`�!4�:� .-•hi 'A �k =inky,'-'! Z _rrm � �� r - .�'ti�,i,' A:14 •gip- r � '� •• '1 �m ; '� .� .I 70.. • ' .. 1° i .7, i ( -.- A .• . ....t...rem: 1, =. •- , feit ri.,...x.ray lty•-•wri,---,1-A, 0-1 i• k • fah& •ikir;... ,..‘7"; -/-5 - . el '/9 a•it 4044041ff/ dk, 4.0 AX:7#1 1 jiiirA ,; %.rr 1 -- f4��: yQy.�/. ,sem• • 40 ,.,- -. '4�. > :A. tat 1.6 **. •elf `, _�7 \ 1 \ 'y/71; ' _�"C'•�+[� ) ` ,' + 4'1 �.[I[I[L.�„��������.,,,C . I • J4 , �ss, ' ' / .9t1���/j:��lt �;�J/'y��/•�?�,.,7"-,--,0(0 li�tl ��1 • r .r te 1 4141 1W<�, l Vti • , ��•/, '• "! .7. MI • .)I`' :.f.r ...*F.--07.-•:::;000_ • ict . • •iii 1-.---7.,.1/1 - : I.- -, • I , lipil ? ' 1 i• • .1 f„.1. • 7 --' %‘-dig,* ' flaw, i'i ,--V).- , ,' kyl 1 ( l \ lit ha .� r i 1\1? co <rr) ail Y (`, % • ft •' . c ' 1 e.,.')I .'-f-k•4L.%,,.,.. ,;...7.'....."..'. .\—_ ,,.. c o _ 1 / Cn m Cr) ct �_ 1 �� r `c co m _ • i_ - _ 0 X • n • f __. 1 . 4. - \ ., 1_ 1;17 .0 C \-.- .-4.;-- ../ \ 03 Nc tet, , \, , ,c,) w = s'.. 4.-54.6„ , �' ,. ! ..- p„„sii - 1.'�< t*t. ...&!c_.I 1yr.,. ,w 1 .,. 0 lafiaj ,‹t r vxml-1 ;; g 1 . u) � f --1 - 1 lat*i.O. -.v7idith w w - .o - ° i i ifia tio,,,,_ ilfilidtal . ! • --1 er.. ` w,"'''�" C I- 1 i - ani ,�L...+ it4 viliskamm '-ivrs ' 141-•-- gliktenk - ii--. 1 i 1 41 . . alagai owt it sk [1 . , :41, .,_,, , 11tErShil 1 a -gto �54t`.� YII� fir.. .� �1 � 9�',p��Yr� 1 I ...OH logeR4 44-.44 Is- t ,. it -2 ri., :. . . i •_414 . I lb PA . [ ; 4 �� r 71 ni sti t .if ori ). 1 ia' ?6 1 rf" 1 .‘CY . . . -, fr .. E? ��4� A66664 S i t .. , 1"--: - .z. - • . . • • •• ••••• • • ' - -. - ..._ • . . -• : - •- .... • ' - . . ,) • . • ....1 . . •-- 1•,-- • . Q 0 Z .., ...•____/- . • . • - • - --, • . ,I . . -• : .....4 i - • ... ' e • • . .....". --s .. . •• 03 . . . - - = • • - . ,,_,_. • 1. • • - . • • -..... • ' )".- - • 1 .. i .:.>:.:"............7.:....... .r:::.:.....:*%.*::.14... .- . • .-...... -. . . ***";.... .-....-.----.---.---.‘ ..---4,---- -"1....':""-:.:.:'..-7,::l'.- .....r1Y.:::::::'a. : %. 1 X I .: • I •Le , ••••'-- •••••1_:.1--z.• ....:g7::::••S•Z•j....44-•'..*.:. •:..•• •••:::••• ••-• •••• U.I • , ... ...4::•:•...-•• •k•is. lb,: .•••••r.'. •-`4 . -*----, 1 • . I. ,..1 :••• .., .;:: :••7, :::::.!••••:•••.:::::::.• fl k, • 74144. .•• • 1 :•••.•i''.:••••"••• ••••••••%•• • \/•-•" Nal•• • 1 • . • • • •:.•-•;•••••••••,:•: ".•:':* 7te:••••.•:.•:•:••:::•:•::•..•••:), •; 1-•••_... :.• _. . : ••-••.`"•...,...i.. .......::.: ._,.... ...:..,::, ::. ,::::„.:::::::::::..„. ...... . . _. .., _. i._: . ,.. ...,,.._,... ..,,:::::... :„.,.::: .v.:::„:„ /._ ,.. ; A.. • • :Ls:• 1- ..‘'• k - -- iv-:.-...- -7.•.-r: :•10-'. C --.-- - ----••- • -- s 1;• 5.• -;:!....y4- -•-t-}-ig ' i-;i::::: :::::, I •:i -- c. • ; : LU . ; ...' ,t.-''7--7-:...f C. •:‘: . : . ....' ...r. ::s5./..•-;.•:/••.,::::°10. t::: -:::: ,,,, . - ' ' - - :- .. :.-... ••• :- --:•Z:•,>.-.-: . px- :--"- Id • I `-v--.....-, \ : .- :• .I.:- -\,...i ... - ,e-. :• • -.'.• .. . .-. 5:::::j:;:::::t••.;:a-: .-:-...-• i F . • - - • -• .• .4 e- 44-,i....:::•_):-:•:•:-, .-•:•::1: . . -•„. • . -J-j< ,• --•..-.Ps .1 . 7 ,,,.....:........,1 •__ .s.:1,..y ;-....3.x. -.- - _. .-: -1,,:.c:: Al..... : ..,:,..1. •.i ,r:_... ,.... -,-!.. \---zipy• !.- .., . -- f ,--- .-i , •-• i....,.;-..)i.- 740,•,.. .41,....4,.,,,„,„4:1•7:......4..,,..„„,,...„.,..•4•:::?:.:7%,A% ... ••..... . -.i .:-..*.t..--.-• • .. •f% i ,..---„,. „. • ...:::..f,...zrwee, .I.;:• ' I •.7..•a -' .):I.f;',•.....s,>...... ..f . •i-(:.•••.'••/ • in .. t#130,,r -:-.::z:.61 -.„_:r.::fir fe.:;_, Iifilit.: • .‘ 4- 4 •%''''.4 :....) . - • . • •LyArl i; rA-;----sr:::- - • rt- r141/T,11 :..:*•-rif 44.CV 1%. Ai, lo;,.t.% 1 - ).., • . . ._:__. . ,_ _ ....., i ailty,„,...k I. -...?1,.•Ipz •. •/,# . ... • ...a 7•••••.. . • ---efr:44. i i - I , r . - ...,. • < ...,„.•• J';.,.......0:,..,--.Tro.,.. 4 ......... < -,/:::::,:. .: i ' i Ill i 'I-- - ' I. r- .rt A •• 11 • • i ..... ••01 re irvpihr?I,ViorkS911ried ••(;)". • I- --- -••..• - • /% •-•• .... . „... . .. . • I____ •, . ii.:;.xii•*- .0,,,..7.7.40..Lia 1,4,, . •f. .., I. I ** r"- .... ..y.• p.1...•c.../ Alcji X•ect:, Cr gto,/•••• :4 •••A-: -• .4...• 5 - .-• / •'' '• -I me... `4104 1. 4`.. etii)0.,11 't szt F.::•,-: ••••-••,...: 4 1 ,7-........ • ".-r• • ... 4 ..... - .• *i :%' • 1//,:-. ' -- -. . . : • • LU - 4,tr' 1-:"••; ' "•hiti .... .. ... io*.. ,_ \ • ' • ). ••-. -I •- -,. air itir.,•• ._yik '•-:....,-,..1•.:'•-•;117) F_ --,':::.*: •kfo..,-,!...ti: 1 '.' 414‘.. (----.Z:':?, )- -tfill •/.ki / -•II 1-'' - 0C Virtiaai:-nlitue;. iiiiki:.•...:'(-1 q I ,,,, -. ::',x-• r _14/ ::‘ , :ref • 1* r:-. ' CL ,A t14.1(#40. , -v-4.IL' • ....•'. • •.7 111.7‘., : - / ' ' ._1,.. - ,t 5---•. , • - i; 7 ... e.""' lit AV:r fir•••.'..I.1.1 0 :;:jel. .;:..;-•••:. .....` ".7t-• . . 4,-.._-\ .,....s- .•,-4- • . t,• i 0 I t -- e. - . •I ,..... 1 . . - 0-• • •....., ...... ,,,,,,,,t, ... . • ... .-,. . i 1., :.- • .,-,C. ' Li ::'''. ' #. V: t.•P: I 0 ifi:-: 0.t4.411 AL.,.:" *Lt•- \- -* . . • • , • .- . .. - r% . 1 !..41.' " . $ ::1•1. ‘• Alv ""'"--- . '"' - •! • •„cyf 1--I : " -40-t" - * . •••1.qti:::14.1 •:IC'. il). '•/.3;:Kt:e •-• Z.' illf..._._• .... .... „..\17..., •,. • l'""•••,:. r.I 4•...LL....11...-N ,,......„•••40„,i1. .,, . 7r, ,iy.t. 5. .47:" ,;1,"'•:::27,,,„-0%3 • -4-..r-v.....----. • •.•• • i , ..1... ...••.• .7... I.,pe,1111.',. ' ,.. •• f .•:::::.•Ili ;SP,;901 .:•• ..;,...10.0 ".. • .„,.....--„...... / t • •• • AY.. - r• • :::::1 i ? e '4&•.t• ; -•• •i• ., • • • 1•V:.• ..-• --. 1::-.2-, " • • ••• CI P- ip Sfr.,# • • •: i • ----7-"-----7 • . • ai•:. :V. ,. " ... - ......". • N' q, - A. ,-.Y --v:•••••••• I _ '• 1 ;''''' ": . '''' - !'" - , • ' ...:g AN: ' i gleggr 0 •:::::•:4;::' s•11.71:S./ , -7----.. • -•--. . •• • -•v. .11154111t. As .• - -;:::- v1.- 'il , . - --1. . ----T.__ : ;-•• . •:. • . . . --. . ••••••::.;;:-‘,., . ...r. :4 r it/.5t:f•:-.. :-.-. . •- . :. -• '.!.• •• „Son\4 0 P.,.,,-••. ..:..:. ......%,e. .• ' 7.•. . 11/- .::;:11.;••••:. %.:i....%..•••...::..: .:j-'.i I1 .---- •- I •.. ..... r'r. .1 A .•:,:•:::-•' • • ••"w""4% ': ' '..,;,4.,,.•••••:-:::: .-::: I. •-/i. • .-7 a . .,.... ... ... ... . ...N . _ ... .. x. • f • 430. *.::::p .:::.4.,.1;:t.•:•:•: ,:.1,,,ipAP:t.!'!..:• ..•-•:*.• :...: 1 ,;'• :.-:.s•-•. ; 414 • •••'',. •• '• e•.::•:::. •;.:•-....!:-•.::::•.::.?:::-:;:::.::. ;•-. .•:-.-:".:r'.-f-:::2--;:;.::.:.. ,-..:-: : I.i.. .. --, • • • • pc- ..: .....i? , . ,- K-..... "...-•-• ,:-•-:-.:-:-:-:-:, •:.";--„„,"•3-- : .:::::.:.:.:. . ; r.:- ... 9 , . bc• •-•:47":.!•:•:-F e.•-•:•rl., .- --;•:•:•-•:-• " • • '• s.. •. , • 1. •••..•.• - . u.:,., -•:•-.÷ . .....,. ., .... 0 . ..,..- ..... ,.. . ::.f --:-.--,.4- --"---) - - 1--- ::;:._:-: -:-:.:•,.....0.--:•:::;::ea:::•::: . „. . -.....:1::::::::. . • , . 1 ... . ., • - - . :. ._,. -I.:. - . - ---- .----- • ::::-:-.- ---.•-_,. ....,-7:::::., • . .. "- ,........ . ..•-.'14...,..-- . -•-.-,z,....-Az -- ••-.-• II ,A„,_?-•••i 7 • - • • J-•-t - • . 'Atom" • ... S•:; '•:--.•:-- .... .... • • • "' • • • A --%" . ••••-•• s• - • :4.-0- :;4:A:::::::::_, -:•:•:•:•* if.--15 .^. - •, • • i - • • ::--'4%...% :-:-:•• - : • . -. . :: •• • - , . . , . :15:.:::::•.-% ::-::: -1-..:-:.:. •• . . . •• ......• •-•,----,- . .. •• 'IF : • ,••K:::::::::,::,-i;:;•- ft - ,-.•:•:-:- , ----- . , • . ,1 1. „....4.... • '.':..:••••••••• •• •b.,•••••Nsky-•••••=,. 1/4. . • :.4_ •, •.......--,-•'-':'-... t.t.--. r• • - •• -:.......„__ . •- --- • -:-•.:-. • :-.• • :c.,.7' N' t • ,.. . •....:. • .•• ••••• ••• • 1• I ; , . • . ...,.....• „ --:-., . •-7.--,14 * •ill • 1 f • ' "il• f .. e • ' • • ---7- f... . • : f'...: • - :••. )•:".• . ,•„!. -"v..k,..,." •...... •.. •••• ..'''''.. ••••••-L..• • ) "" % • • . A ;4f•' '•--77:" :Z • .s7' . ; • :s. s. '„. • ••'.. -'-•-• '' -C-. • . • •- ' ' . -•is t-= •••..: -,.., i \ . , • • ----•-- ••Lif. . ...:. :..: .. Z .. A 0 0 6 b 4.) E .• i . • ..---/ -_ . .--..,.... ..--,--•:----,:---'-r.--,-,-r- - - • -• • . ------.--.-:•--.--.-_,_,,/..." • • v , - -,... -i-,.. -0, 1 N.:74A 1, • C) . • • . • • , • ., •--. ,. ....- I ....._ - . . , -.... • . .. . . .- ,••\r•-, . t- . • . - . . - • - - • . .;) • • - • • -.7-1. • %... • % , ‘% 7.. i . . .'7 . 7--- ::---.. • • •I - . '..'.t ",:7* .:. • - . ••,., • ---,It--; • - •••. -.4 _...-. ..--,‘ : t - . • - p•-.....:.:1t.•`:.77:••-i. " • - ' - • : 1.----"r' •-•;---. - • : . . • . ...1:-: -; • .< / . -1.. 1 ' •.s . -a . • . ..-.. -->t,.1-....--1 --Q..11.-1- ...,. , .. . • , .-- -! •---51-'•.‘775_- 'ill t4 . ‘. - --*---z1 : - .. . \ •-• •: •• r --, - -N 1 - , ..i - • , - I . -pl 1 ' -.:-----,. --is- •. • - • , .4. :. . . •' -' V JV. - .....- 1 ; . • • l•, .--' ''''''."".• ::.:....-... ; . ' . ........:-. 4.4.1. •"...........•1 .. .(....:. :...4...i...• . ...7(...‘,L: ..I I 1 .1) I ..N• • 'Li-. • f . . •i • •3...UT)" ..;::.!••.t.:. 7:i i if i i 0; ; • I I 1 ...I • . • r : ...'\•fk. 1 ' ..• . " . . ; • • ! - --,---\-, :• . ..,,„ - -1. ' - : Yi f _•i' 1 •: -•;! •-•••• 1 : - rt•,c(!,..• .4• .11 _ .. -.. -4-,••••• ./ ( i .1%., 1 •• p..., -., ....... v : . • .1 1 ..„.. .• ---, 1,..... . • - -:• 4 .. •. i r I 1 ill .I . ?1, ' \NI N. •t,",,7- --•r: :." ' '-.,-1 • '1 '• 'r 4"1.7 ' • n.;\.: ,,,.,,,L,....• .,j ( 1:',••." .I)•...7.:. ,.., \)-:._* • •;:i./•.:•-. -/."•:,--;,,, , ; ;•-•-i. •,:•• ,f••.. .w./ . . ,\, I ' : ' if: '', --': 't ' - ':4 Ar 414. ..-.. s.? --- '- ./ .7, t,.. . '- ,--ii t..,1 \ ff t-- .r- . ? . r-•4 ,.(/ . L fkk,..4.. . ., • • ., ,.. . , • .tut . • • • • -..v. ._ . . ..... .,,,A . i•-••_,,..• • - • „7,4, .. -. -.. I - I .. ': • . • n" • • A • • 'he.%..ile?).1 j•.1 .// eit,76 : .?••••;:r. 17- -7-:,ri tt - .. 1 v ; ii f .. • r - :z,, •..:..,. :" ,• ; • . ' \'-i%I* %r---,1_, ,,, )1r/ 1 • FILz.,...i.::_-ii! • 4 ;...01• s..4..„,f ,•• - '-‘'. )1 .1 t_ly .-1, A4:•. .0 .•- !: •••,...it.z,,' f - . •-ti%t,v\ 1W • --.r "fers • ' . . . - .. • .. ....,. • . . ,••g11),TWA;JI 1 • ell 4•( ri'4 I - • ....e.....:-- ,--• 0.,., • • ' i MI -,i-, . . ....31 i.... •t •..,,,p,..7. 1,---.. ••..;.•:p.12- . t,.........,,,,440 .-. • -,11.-,...--,.. •• • I .,,';'/Id ...:., . -v•r-: -. ' ,. .. 1-4.•• Tatlikt,sd, i6r•- 4'1" "7'70. i•el -; i . , •:• If =I - IN: •. • i.. • /.• .!•• .:•• It ••• .-• 4 4' • . -- 1 -.'1. •'1 "r•-• fr 0....• e. t ..---, 1 -• •• . _ .....v. • : .:. .- t. ,. .._..- ,.....i.. ..1, I,j•:,. ,.. .. . • t ... :g fil 14 . ...., 'V:.. .. • ... 1. 1 '...---..A., _..::•,) r•.- 4,- • .N11 . ' .;? ./ 41.:11.1.!!:Iii., S; ail. e, ...., • .. , i - -. •• -•,,;.. 1 . : • ' .1•.,-.. . • 0: J.. w ts 7..415.7.., V doitdekekie it •-•• .-1;j11 _.- i : -\-Ti.-..-t . . 713 ":".:-f-'•-••*7' ..:{P;l• j 11 -----"T: %.• . l •••• ry , P Se Ali i ?L...:t ... • • - ,,.•.••;..94 . . 1.1 -•,.. .,„.... le ‘..)" • •'1/4-r: Jr- *.\ • • ...••••41...1 .1-• ) ' . ' \.'r- . f', --Alt Lti*I t 1 ; ' • •&•4'.„:: - .k.,--;-z--' es, .,: (. j, .-.....(..-4-1 ) f • ",..;..: , • .044„....,..4. v.... 41 ;4. . s , 1 .. .e,.. ... . 1 • ___. _. .... ,.i ...:\. . _ . . __. • .. •. ••• ? . . • . qi • • Iv. . 4-._:....17 ;IV I ' . • / ! . -,. . !:-.LIA... • t • '....- :: ,"' • . \ -i•+ •••1. • -... - ---,AAA.:..•.."-•• • • • • • • • • I ..I .... • ' P e0 i .% . • . i a.•••., r ."• _ Y1.! •1'. it '..:•:.p ' •.. C.- / %. ./... '. :".• 1' • ^,;- • ..... ..... .r• -1\ ;7••• •••-•••••• • Ln CV '7 • •• /-‘, , -- , . - , f • \ ill z • ._i , •:•••••-• • • ••i i .• 74.' -* ., •••. Tee • -.1 • i ! ;V7"- .•-5': ' : :I.... •''' - •.:‘,..., ,.... --. i 1. . . .,• -"'•• .._ ‘,..4,----/.. f yaL • ,,i .•.•.•.•.•:. • ---. ------;.,--...\ t.stf...: -. • i • , . - ../. . _Anit,..„....„ ,...... sal / --.."-.:- •••,.- .. •N s . .. , - - 1 .4 Ari • . „... .. 14 • ,! • \ • .• • • % •1• 1 • :•••:::•••. •'••rr. . .. i f •• - '• . let . •"...41.4.,, ... .• . •••t : Y• . ...... . • • . . , c ,. , .. .: •,./. .2' SP?, '.*1.1.. ...AL.' 11 I . - • -••••••- ;.. ; . • f• ' • • i• ...;1.: :::-i -•f.• -:••1 .- _•-•••••7".• 1 " . . --* . • .... _ -•---- . , • • , (4. , :..#,..,- ., i -1- _II--; ! • • . / . • „"! . .• • • ... c_i v.,...40 , - -ir-- - -• 7. -4.11.•77; • :. , .•g - ( .,. . . ,. :. , p • . .... : . li q 4,. >t 3/ - v, , . • r• ::-.L., • -- 7' - -- - • . - *" 1 • .• \:s... - - •- -, - • - a. J. i. ilial, , •. , .• ... ._,. ....- .. J -----). ....1' , -*, ••'. ti--- -'••:••• ' . 4-1.....4....--:i., • ..1 / -/44-: .."." • 0 -- Ji••••• r-'1"-I i -;:i -; • : • - .:7;•-•• . .4 • - - :-If < ' •"':--. / .: • , . ,. ,.... • t:: /8)Att,....5k...r.t.;..:. i . ......... •••••• 0 /;.i. .. J % . r"--:, 1---i fl : -; ., .- . I kV .--,..... f , % ii .•fr.. '. . e - -.•• --.:..4 • - 444•1.28110, •, M•- -6 :_.._:.---. . _ •.: 1- . ' 4- ' - • - ---- - -4; . .. "V.%. )7,.. 0 __ i %.-. \it . : . •iw.. ( . . Na. ••••AL •• 0‘1 ... .76----.L ''' - .e. ;.'..--r... ..).. -Vii%ilAti4i % N \•:-4% ) • -c \...Y I.• - t. . I '-*';:-.4 r• •.--. : .. , ..%1,4( 1 ) ->:. ....v,I,.., 'I-.. cf) • ' T 71' I c .I-:I ' ).- Pc' •-•e•ti,_ r:,) \ \ \ - • , - , .!„ • 4: , •---.. . ; : • ; ..• ... .,•-..v. . .>..sirtf_ ,,...-1.•-- r;• - '4 :n...•Nk;-•„ . ----..: - t" .• . • (- . :7. -----.1..-- ••••'" • -• •"z-tr,,7;77!1-'-,•"5),-afe•Iriti • zr•:•:••e - •--' --,'- , ..,.. ,,, ,../...1„.;, --. , - . ‘.-).. . `,2t,..,,,m,-• .- 7:- 4 • • • ••./ Pia,' •a•-...VIRWAGY.•••• Le03.:PJ.•,4•.1.14.,..,,••••. •••••160"... "1-* A 006 6 6 .. I ., -..4„, ..,. .. • •-- •c•-••trtvac--- •. - , . . ./ / ge. : •Ufte I •Mi.,do. . .., ',XV f/ • fiVent. ' , •• gt. ••Eli• ' A:di % •‘ . . 1 • 1 ..j- • 't " ; - ......... . .-. .- ':- ..-.A it • •"• .....4.•. 1:41A-4.4.' /41*t. d:-.IA- s.,"•••r ,. "nk. { l OFFICE OF THE COUNTY CLERK — County of Hawaii ._ Hilo , Hawaii '91i (. _3 F - C . - - -.I•,_v , ( DRAFT 5 ) roduccd By. Takashi Domingo ROLL CALL VOTE t Introduced: May 11 , 1994 AYES NOES First Reading: May 11 , 1994 ABS EX �KI X dished: NA BONKABRAMSON CHILDS X • REMARK S: DE LIMA • i May 11 ; 1994 - Deferred DOMIxGo X HALE RASH • ROSEHILL X SCHUTTE • • 4 , n H 7, . ( DRAFT 6 ) iccond Reading: June 15 , 1994 • rMaYo : June 15 . 1994 ROLL CALL VOTE r anted: June 28 , 1994 :ftcctivc: AYES NOES ABS EX June 28 , 1994 ARAxAKI X rhlishe-c1: July 7 , 1994 BONK-ABRAMSOx X CHILDS DE LIMA • X DOMINGO X [ HALE RATH X ( • ROSEHILL X C SCHLTITE X X 5 4 9 9 a 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County� .cared above. C t?I mcnctl and published as APPROVED as to / FCR? and LEG • UTY IF 2"' ��� 1/ / COUNCIL CRAMIAN 1 -".`a CORPORATION COONS 'C'...-- [ ^ ( COUNTY OF HAWAII ,( , •• i Dole J 1 , /�l I, CO C Di! - red/ this 2 day • AOO6t I OR. COUN'T'Y F HAWAII Bill No.: 1 P.'7 ( Draft r. , A / ---------"--° ` N 3 R XI Al. G o :.0 �_ N U A eq .r k V Qq / N �- .2 NG 8°:90+ b0'�.�-6.( I r'[ o� VO:90- o J L E H u u L A 6�( c oe , o L E y u19 0:90„.6 u L A / r 6 6L. -( IMPARIMIll (Oa90-6-( fililmer .. X A W A N U / [- 2 n/D 1� - x• sv SZ'90-6-( e r 0 ...., lift . .. . ir '\ U �1 /04 0 ' S f o o m °` i s r o� ,, �` k. �[:SO`s`l ..I Cyt, - � ' �` of J 2 f ,t1 /4 90rS0-6-(l! x jr O —1:- = hi 7- Y. %mime ap-,ir 0 mi -1 r..0 ow - f.•l 1. I I o J . O Z ki e(irl (AIL Q 0 -LO co C 03 x . 44tv \ v A •j I s �_J 0 .• P11 0 . nOh ✓8 0 kw ,K ?.. �::_ I r, y..' i simaimmaimins*) \ 1 goo ,:..0 111111MLIV NI ASIIIVIII1111 C, le ?, ..0 A• NER < kgrallif01111. 111 01 IL r co O 11 O :11 o 0 lip ma =___, \,eoI O a r . N b I x a i - _, r CO rt: , Ft 1 . . col . _ // co ' • T ,i, Z 0 ,e- .,.... , ,. 41„,;:`—=-------. co _ r r is OP l t t 4Ir �� ,. 3) 3 CO/ Op qNb r ON a � ¢ � t p1S •'�� i c m oti I Z P -• a •• O ---------------. 7,v 1,.. ---------41411114 7 lY xi •. tS t 0 le .---'-------.-. "I" t, .. N • b O F- 1 F 4 \ N s 3 x Ihre ,., 167111111C--- 1111111►/ t 3 t IIIIIIu sek k 7 111111111146.11 3 3 t 11111111111/ 11 3 1 \ ! efr _ 111111111111����II� -1. , 1111111.. III -"I •.� 3 II/i 3 P N b .Y \ \ k N i s3 o O T 3 ' 1 O n T\ b .1" 111V141111r_ 3 W 6, _ 41, 1.1111M 9�Z" 6.-‘ n N y e � s �\ • A q \- .. N y _WNI AI 17 1,y fr : 6 n �c .r - ...__-_ N et N J O / O N /t ,v-------.7...„............rb `� Oo 4.1[ M r t S \N i , t : H A O t N ' N � 4 \2 � O ti --- n,- - - ---r >--\—\— - -'.›..- - - ---- _ ____ J�jY OF N�� William P.Kenoi :„ \ y�;;`j ,. Daryn S.Arai g ���i Acting Planning Director Mayor •*l: County of awaiei PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 January 26, 2009 Michael J. Matsukawa, Esq. General Counsel Hokuli`a 1250 Oceanside Partners 78-6831 AIi`i Drive, Suite K15 Kailua-Kona, HI 96740-2440 Dear Mr. Matsukawa: 2009 Annual Report Development Agreement No. 1 Change of Zone Ordinance No. 96-7 Change of Zone Ordinance No. 96-8 Special Management Area Use Permit No. 356 This is to acknowledgement receipt your comprehensive 2009 Annual Report relating to the above-mentioned Development Agreement, Change of Zone Ordinances, and Special Management Area Use Permit. The submission of the report and the information provided within the report satisfies the reporting requirements of the Development Agreement, Change of Zone Ordinances, and the Special Management Area Use Permit. We look forward to receiving the 2010 Annual Report. Sincerely, DAR S. ARAI Acting Planning Director cc: Mr. Claude Onizuka, Hokuli`a p:wpwin60\pc\letters\2009\hokulia 2009 annual report 1-23-09 Exhibit "3" , Hawai'1 County is an Equal Opportunity,Provider and Employer " January 14, 2009 Mr. Daryn Arai, Interim Planning Director County of Hawaii Planning Department Mr. Rodney Watanabe,Chairperson County of Hawaii Planning Commission Aupuni Center, Suite 3 101 Pauahi Street, Hilo, Hawaii 96720 Subject: 2009 Annual Report Development Agreement No. 1 Change of Zone Ordinance No. 96-7 - Change of Zone Ordinance No. 96-8 Special Management Area Use Permit No.356 Dear Mr. Arai & Chairperson Watanabe: I am pleased to submit the following annual report for Development Agreement No. 1 ("Agreement") by and between the County of Hawaii ("County") and Oceanside 1250 ("Oceanside"), in accordance with Item 24 of said Agreement, Condition No. R of Change of Zone Ordinance No. 96-7, Condition No. V of Change of Zone Ordinance No. 96-8 and Condition No. 13 of Special Management Area Use Permit No. 356. This letter is intended to supplement the prior annual reports. However, if there are issues that you believe are not covered within the attachments, please do no hesitateto contact me so that I can fill in any perceived gaps with this report. In April of 1998, Oceanside 1250 and the Hawaii County entered a Development Agreement to identify the obligations of Oceanside, to provide assurance that these obligations are met in a timely manner, to provide assurances to Oceanside that it may complete full development of the Hokuli'a Project("Project"), to provide assurance to the County that the Mamalahoa Highway Bypass ("Bypass") and other public benefits set forth in the Development Agreement are completed, to allow Oceanside and the County to enter into a reimbursement agreement for costs associated with the Bypass and to reduce or eliminate uncertainty in the responsibilities of Oceanside and the County relating to the development of the Project and the Bypass. The scope and purpose of the Development Agreement is consistent with Ordinance 93- 37, the Development Agreement Code and Rule 1, which implements procedures for the application,preparation and administration of development agreements as provided by Ordinance 93-37. The Development Agreement was executed and approved by the Mayor on April 20, 1998. SCANNED JAN 2 1 2009 BYO 4 9 2 1250 Oceanside Partners • 78-6831 Ali`i Drive • Suite K15 • Kailua-Kona, Hawai`i 9674x= _•. phone 808-324-15 00 • fax 808-324-0171 • www.hokulia.coni Mr. Daryn Arai, Interim Planning Director Mr. Rodney Watanabe, Chairperson January 14, 2009 - Page Two Golf Course The Golf Course was completed in July of 2002. Details regarding compliance with the conditions of approval of Use Permit No. 115 and SMA Permit No. 345 for the golf course will be provided in the 2008 annual reports for these permits. We will continue to monitor —Oceanside's compliance with the conditions of approval of Use Permit No. 115 and SMA Permit No. 345. Mamalahoa Highway Bypass The Mamalahoa Highway Bypass is in part designed to address existing traffic conditions, in the area and to provide an alternative route for interregional traffic between North and South Kona in support of the County's long-range traffic plan. The Draft Environmental Impact Statement and Final Environmental Impact Statement (DEI and FEIS) were both approved and accepted by Department of Public Works. Construction of the Bypass Highway commenced in January 2001. However, completion of the Bypass Highway has been prevented by the ongoing Richards (Coupe) lawsuit. Oceanside acquired from, or completed a purchase agreement with, each of the affected landowners for the necessary right-of way along the Bypass route, except for the owners at the south end of the alignment and the owners of the Coupe/Richards property. That latter property is the subject of a condemnation action. As you know, in December 2007, the Third Circuit Court granted an Order of Possession in favor of the County, but one of the co-owners of the property referred to as the "Coupe Parties" (who held an undivided 72% in the property) filed an appeal of the court's judgment and order of possession. The Hawaii Supreme Court held a hearing on the appeal on October 16, 2008 and issued its decision on December 24, 2008. According to the appellate court's ruling, the Third Circuit Court must determine the amount of damages to which the Coupe Parties are entitled and whether the condemnation is "pretextual," even though the use is a public use. As a result of the delay caused by the opposition and appeal of the Coupe Parties, as well as the delay caused by prior Kelly case, Oceanside has been meeting with landowners who completed purchase agreements for the necessary right-of-way along the Bypass route to discuss estimated dates of construction and related matters of concern to the landowners. In the meanwhile, in 2008, the County amended the rezoning ordinances to allow for the "temporary" opening of the Mamalahoa Highway Bypass (which is expected to occur in February 2009). Mr. Daryn Arai, Interim Planning Director Mr. Rodney Watanabe, Chairperson January 14, 2009 Page Three Shoreline Park Oceanside obtained approval of the Public Access and Shoreline Management Plan on January 29, 1999. This plan addresses the public access areas,perpetual access covenants, archaeology, marine resources and related improvement measures. Details of the provisions for historical sites were developed and will be implemented as part of the comprehensive archaeological mitigation plan that was approved by SHPD on September 7, 1999 and September 15, 1999. In 2008, SHPD approved the Shoreline Park Mitigation Plan (Phase 1) and the Archaeology Inventory Survey for the State Parcel at Hokukano Village that is situated next to the shoreline park. In addition, Oceanside obtained approval of both CDUA HA-2977 and SMA Permit No. 401 that outline the proposed facilities to be developed in the Shoreline Park. We are in the process of preparing the necessary documents as required and anticipate the preparation of construction plans as required by the conditions of approval of both permits to ensure that they are complied with. The annual report required by SMA Permit No. 401 will provide greater detail of our progress on this component of the Project. The first phase of the shoreline park with the required public parking stalls was opened on August 1, 2002. Archaeology Oceanside obtained approval from SHPD on September 7, 1999 and September 15, 1999 of the Archaeological Mitigation Plan that includes a data recovery plan, an interim protection/preservation plan, interpretive plan and a monitoring plan. We completed the final Project Preservation Plans (Non-Burial Sites) in consultation with DLNR and Hawaiian community organizations and SHPD approved the same in 2008. As required by the terms of the land use entitlements for the Project, approved mitigation measures are being implemented prior to or in conjunction with land alteration on the property. Subdivisions On September 18, 1999, the County issued Final Subdivision approval for Phase I and on December 1, 2000,the County issued Final Subdivision approval for Phase II of the project and related subdivision improvements. On July 10,2007 the County issued tentative subdivision approval for Phase 3, North and South. Other Items There are no other items to report that affect the status of the Project or the Bypass as it relates to the terms of the ordinances. Mr. Daryn Arai, Interim Planning Director Mr. Rodney Watanabe, Chairperson January 14, 2009 Page Four Subject to the foregoing, Oceanside 1250 intends to meet all of the terms and comply with all of the conditions that are specified within each ordinance. To date, however, we believe that this letter and the actions described herein constitute full compliance with all of the terms and conditions contained in the ordinances and Agreement and that Oceanside 1250 is in good standing under its obligations. For your reference,we have attached matrix charts for Development Agreement No. 1, Change of Zone Ordinance No. 96-7, Change of Zone Ordinance 96-8 and Special Management Area Use Permit No. 356 that indicate the status and compliance for each condition for the Development Agreement, the two change of zone ordinances and the SMA permit. Oceanside requests,per the terms of Paragraph 49 of the Development Agreement, that when the Planning Department finds compliance by Oceanside with the terms of this Agreement, the Planning Department shall issue a certificate of compliance in recordable form that Oceanside may record in the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances. I trust the above provides a useful description of the status of development and compliance with the conditions of approval for the ordinances. Should you have any questions regarding this report, or if you require further information regarding the Project,please contact me at (808) 324-4207. Sincerely, "kriC(A)ilLeet<RA Michael J. Matsukawa General Counsel Attachments cc: Jo-Ann Hamilton w/attachment Kirk Lazaruk w/attachment VI 0 o E i � d b a� OE of a� 8 0 ,b p, �, Cr. g 8; g . ° ti ' s. /5b 7-1 �. e, O .fl m rn U ..r . (-1 b .4 Ih00 ah = 3 a 3 0 I 3 >, Q., CI 0 › E "C' V --51y E -a' E 0 E O O ct ° .—i 0 aa) a) 0., d ' as 3 .� a� o c 0 �' as c c� x '� � � i 3 � o -0 xrAx ¢ x w x os 3a 8 to to 0 v m ft °' Cl) v� C7 C7 a E a O O U 4 U , 4 en O N cn ^Q 3. .--4/--1 .�-+ N +-+ Q „1::) os .COW ° 0 � 0 CA � E - U N it y� } a) O0tO Ops, a, o°.x o ' °' ani+ 3 3 UQ. bn—w �? - 0 . Q, •at4QVicd a, c . RI > a3 0 1"1 al -,-, 3 5 * o .0 E t) > $. r ,S ..V. u ° o .4 V] y 0 °C •a o •"' ° . V id 0 I ccgL. "� �'i ^C v, ••m may 1 OoffY ° '• cip 2 a) ,4 � ,_, o C ' R, Ns U �'d O fi ~ " ,- �^0 -4,.., ca a 0 ba . S. O • bbo a, co • o 1:14 0 00 c=, E-.. o E-+ 0 ti) < F �4' to ca gU '� U A, c�o c> Q Id g O N 4* = �P ® (� U A. W 0 0 � "� ca. t; N r7- N S = t' O pI 0 �@ ed =I 0Z 01 0 01 rn 01 1.4 obi V el O O O 0 O • a, o o .0) o> $:'" O a) g r. 0 a) cd i°-' F-{ it g N =a+ 0 3 rn U V] s-, + ':)-•.� .--, cc b c° U 0., a) cd 0 5 N ,0 E Td PI a c°) y A o - a) — . U gyp, n 0 . 3 .0 5 as ,ter ^" F" O ^' O O O— x a as x x N r-+ y 0 U o a' 0 0 U S U U c 0 0) st t 3 ga) .5b � � og ›, og to ti en 0-1 °oro .5 .5 3 ,ty .5 a, a, ° 'w � 5a) b°'n• ca � �, 4 c) 9 ° a) 0 .4 a) ° - b g b o ° 5 E El o a›i v o 0 o 0 r-\ a) ?; a) c� a) a,.8 , ¢' .0 � 'l ° S _ > -. Qgcbc�o ; "Iii ° a,co a, do Q .� = ° a8i a m a o a E '� ,a - a) 81)!•01 ' A W a) 2 o N bn 7 Abn a) a ° 0 ,, bA a, C .O fW .O g CA a) 0 0 ;�"' 0 a) ai 3) 3UA OAa >, 6' �" " 0 ¢'.sy ) � oUt0 > "' 78 ) 4 2w' m o -.- O - N Oz 6 , UaO t4 0 eatg N a) �' 4 a Q ~O 'LS 4: U p U n bA O a) +' A - N 5 c cl O 'd C ti pti 5 .0 ..U. 0 •0 O2 U a) p ••-4t.0a i� •�U .-- U j� a, bo 7 g to — 0 . a) o b ,o = a) . P� o cA 0 o a O bq O+ -, 'd ctQ 1_, .4 "ci w -g 0 -2 0 a) aa)i ami .o v ' "" . CD bq - . fig" ." 0 ° sr a),- p4 U m s; ml a) N ^.," .4 C • �' `,E4 y 4° "' O UU N U a rc ,.' �' r c) 3• a) U ,v U �, 4° F"' Z .. ,, �'�, 5 O v2i bA ami :y a) ›, so" cd a) -0 -0 aa)) ' C/] a1) a) Q" 0 s~ 5 , 4? 0 ami ', ° 0 . ti.' 3 cz a 3 0 ,C co V y 0 CJ c6 >,.o v,0 cor•, t�,6, N 5 s~ ›, 6. 0 0 c3 a) 6. 1..' , .4 U eil " co U ") cA .. r3 > bA C14:7) U 0 .O O OU ° r7, 0 U c� Q., p, cC cia O ` •'.' cr3 °no •• ° . 18 o U ate) 0cf) a) o • a) 0 s'" ami 3 "" uii 77) ~ ¢" + ' O c O .61 cn 75at , , bo w I ° y ; N •. $s, � cd 4 01 i' ;. Oas� O a) UaO 74 " O • a) 0 ® O - bu Q' ; en iii Zto °` 01 u N 0 cd 0 . . •_ p i -d N - 0 Q .N O 0 N E U10 a) a) b a) E 0 C co 0 c4 o O o O cu -71- P-4 t • › -c as > .2 .- 0 -d •° '�9 . . gcl aio a) 0 o on rn °�' •o b E o • rd -0 o -o a 6, a) O o > �" N 'c� D _0 a, Q �� U a) ,fie P., 0 1 6%.b a) 3 ...5 a ; 2 o p" :-. o, 3 a3 .g g ›,1 N ai -0 -0 'y > a3 a'.�. — - ai ai '~ -� ^=� ice., > U U O 'o • ° o ani i. �? y, O •t~ o -te�d++ O Z �° U W c x - ct'. s0. x o 0 cd W x rn vi -0 w ^0 90 'b r b1p a) a) a> a) y •eid 0Ca R0 , 0 , O a, El LD 0 a, 0 0 0 a 0 4 U 4 U U U S O to 0 a4 (I) , a, - ° O �' a0 6; U O ° -O 2 Y ▪ O ��" dao tc- 1- � .2 ° 0 N .0 w 5 a ai 0 Q. 0 m d cd�cd O '5 '�' �,y .'C�i i" i'Ld+ 0 0 zU � g 1 p ` � -d ° • F) pr o O Y ,0 • O va ' � CC• I - V • o M ^' ) } yI �+ 0 d -d 0 -. 0ct o 0 o 0 o •0. > o x ¢, 0 o -d u C cg 5 oi I� O -d >~ c) 0 v ° a) ° ," ° 0 g b4 a) s�, F4 O .0 = 0 'LP o .° Q. M o ° 7 cu A Cl.) s~ ' a) 0 o F Q, >~ O o .� ti U Q ,� r,P. 4.), ao ', 0.- o 65 .° as - •° 'E 2 ,.0 � Q¢' ° ice . � N o 'd Q+ ° + O A, U -" �, N ' i . •-' a) ~ 5 0-CO ,.,, 0 g cc0 -0 onO CN •° p9U • •° , s0 emp.u ct � N0 `l d y 64 'ti gQ ° O ` lel,4.' pg0O y., O -F 2a) a) , e" as a >,.4cz0 O s 7 � 4a co mi _ U 01. ° a -d 04 OUU ) O O g ) o O0 "� h. .0 ) c • O '~ ,, • ' ow6, -d 0ci ° cu cc10 bj) 'ID ® d o x a, Q 3 . U ;EL ° o H .-• -d c,i ri ' 3 ..0 0 ,� 1 E0 0 : 4 '+w �.4 l t l N '` 5 bD @ c® 0 Z ( 01 01 001 ® a1 0,4 8 = 4 -d -d . -d -d 0 0 0 a) 0 o o 8' 3 > ClN r ,N o ,^4 "-i 0 4U, ali � ,7 ti O e ¢ ¢ ?, 6, U V a. O Q O1 CD U U 7-1 "-, '45, .., •.-4 N 0 U 3 a o 12) U w wx C. A Cl) 'O 'ti y 'o d es aa 5 5 o a a ii U 0 U ‘, › cl ° �! y 0 5 -r3:4-' .-P, • .^°) c2 bl) cl/' ;) 4 u 0 .__, 0 = .9.. cu A . -2,, .., a.) CIO as _ aD 3 vs o 0 .o a) U ..o -8 P . ' a '�� aa) 1 g 3 0 Pte, Si ON u rel ° O y O ' O. $-+-, v� ,•d cd 4] a) a) a) y o y O U «3 a) N 415. 4 a,� 0 0 °'�,y � o°io• ..0 0 : a) .. 4, 4-1 CI '�-' i 6 O o q. 0 cd • o T,' Q.oo0 n tzl 445 wen —, E 0 - b 0 t)-1acuo a) • o OP 0 2ca0 o Ri O0 N -. c' v, s0 b ,-, 6,, c. t lw g.. - 3 3 a 3 orgti) a) ) " O o OQ 0, a) O > p , > O OO riga. g ^ ami a b�A U y O al x oA � ov)x a , A P GA V b V V b as a) a) a) a) a a a c, a 0 Cn El 0 0 El 0 0 U U UU U .� CU An y v O � -0 0 c4 J!O •a) • a 'T� " tn • n_i7U O N " g .sem", v, cd s., cd to •b Q+ O a) . O >, . a) • v, ... ^O •O .o s-4 •- 711"0 ' 'c. NfVc3bq V �+«3 OO N « 6E48 0c ., N ca0 . GUOQ,, q + = y 4, ) v O 1 •O RI 005N o VA OmoLgyNyc + � , 1.-1 0 0c0 -0 ,." 08 ;-, A0 ami Fo o v, s-, 3 ~ 4, U c0i 0 O Q, 0 v' a) ' 0 3 0 0 a) -1.-. y.. 01) 05) .E fl U O co .24 -7:) 7-1 -0000c)-' 04. m ,-c, 4 b -0o+ •VH U . Y b ,-0 -+-, %.= _ ,+ v O O 0 •y 3, O, ( O cn a) ) . onotO P � pU0NG4 c A . -dot V -8p '4 4 . -E Q � o • / teA;14' v •° 2 ° - w ' p ' a.p • 0 g ' 0 : 0 > 0on ° 4 cn w � al5, ° �c ,mo „ ? o7c) 0 . ,J) r ,4U o oo E740 ,000 a) ci) �, -' a..., w ,, a, 0 v, P 0 o o 8 o A TA • -00 —. 9, 01 , o mob"cz a) Os ,,, ow ~ ocl „ A - m '= o i j ~® �, O' a) oo "tilt o oP. a N 0 ca, = ,� O ed o O � ® ® , O 0 U 00 = Uel 0, OA ow a ,� 4 0o M a) o U a) .0 o .. N , o 0 V v) a o eaa, a 4. � a" Z A a5 ° O 4- ° oc• U 0E O w oo O O o ¢ b O o )a> a)U U by a,co cn vQo3Oc ,b0- O cz N ,O ' cd 0 c .,, N ,b 0O 7:3 p 0}.� Q a "0 ¢, 0 O •En 0 0 cd g N O 5 ,� CU ��+, 0 VI cz a) a>i ,s .0 y Y 'O 0 O a �1E� • vi 3 3Z UV' -ov5 H ti a)E TS 0 c 0 C) 0 o O pi U 4 e,o '4-. 4. .. 4-, o a) O ° c� O N O �" s a) +� b g 0 1L" (1) 0 0 c°1 0 g C/]4 D 6 y 00 .+��' 0 EZ 5, a) .5 es, clool) ' "a +-, 1., V. 0 4 -0 gu, - > 0 0 71 CCI ° a aU . U / ° ,4bU � ) o ,5 ,4 ) t, r, g c, - � C2 A ,, O 4.14) .,:;, .F., •,... 0 .. .i.J n 4••• ., g 0 a.) 5 ,..4 .,:i . 2 o t a\ 0 , .o ( o 0 0 0 �O .� , to• -.. N 06. a P. a) a. a) ccS �. o fa) tl 0oo � o o 2 � Uu, 0 ) ©^ a O ^ b _ ) 0., U a) 0 a.. ' . a .cz eil 'C: n , - s0 , cz U fl4a- cn 04 -51 Eq o Uv s.. a) tb U Sa) • o z ctS — r-' �' a) a) a,,. ou ° 3 3 c� 4o 'E — 0 a) O a) 1-, O 7-1 > N N ,�,+ I-9 a. c� .c� Fy v5 c) ,.a ,F �+ O a) ti . a°. t" , cd N N ;5., al) Ea^.(-� '0 .0 ,5 0 4- O 'C ,es n _41) ..0 U �„o �0 O as OCEI ' O V] w 2 a) cd ••L.) ) w >a) 0 , a) ~ cid 0 -0 I E Co f I. IDo ® ® 0.. oU 3 0 0 >,U o '" o c) a. � a ° x t O.o, 3 O a� a, a) o a) o O o O 6 o U a ae 4. o ® � N o GG U cn cr3 s-, U cri -0 U 4-, 'rT', U ct a,• P' ,4 o x �. •." • p 0 0 44 et O CI ® 8 ® 08 ig b10U cip CI b a) 0 0 cn a) 'S bb CU cn ° aAa' VI V 64 N 9. .b 0a 71 0 9w P-, cd ° cn rn CI 0 0 0 4 o 0 tea, oo� , °) .o ' 3 1iI1 Jj aa) ,. UO � b >, d pva d °Wo ,D O ) AU ,,, aE 0 — OEc ) ed ,*Y 30 O V obmi 0b a.O vg r- 04 N x 44i 4] SNr N N a),F4 0C� a) 114 ° - t • i .0 � Ocd y .-, 4 UO ° ''' 5 o 0 2 y " C — 3U NO � � RS 4� _C c� U tiet .. N1U y -- a) -0 •c73, * CJ o .M 076 A ° A `�' � 6 O n ° ° g ° � � o W e� ° . .... 3 U o . 2 4o 0 Q 0 v) b c°i >, 0 >, c, O a� b . Q'U 5 8. O -0 ° >< 'o Ti,O' n :d ® UU > -7,1 s7 U � 9 � ' c's ,`) 5 -o o f .2 o o E a. U nO o 0 ,i a) 0 -Z ) u) g Ct' a) Iy . ... rn O .O ''' r 0 N Ub U ' ,� .y Oyce ) n ,.Oa) q . c3 a) a — E—I ° 0� co � 0t - � . )o a > � o � "0 , 000., 00 04c) 0 U aD a) CI) ® �i a. a3 ti a,H x Q, c� t1 ... bb a. ct U U 'x O cd , c� b ... �. N 0 et o 0 '® 4. '�, N �a = t, p p _ rn = n '7:45od cv N a 4 , gO -b �; N v� U �" } O 0 U 8 a, � ?, � a 4 4 o U o ' 4 E0 0 .5 -d U a, a) O a) ▪ g uwxa3d ° °44 col al a � E 0 U a, on U 'y O ° o , a, a, �' ct t5 'Z i '-' 0 'I 0 1='.▪ 4 -° 0 >, z la4 .45, -0 „0 0 —,,-, -0 0 o -.,1 O . O -' a, O • ° 0 3 N -a7 " 0 O • •b N o d8 O V. .. ,.o a, 0 .- a, .., . . ,.0 O y 4- • 4 U te „..) 4; . 8 • ° 5 •2 ›, Q, 5 'O 5 U UU ,,U O • 4) "80 •”" ^ el) ¢' UO l" Scd U ° g •° 0c . F, � >,y N cd O I " MI1. 1 bO• t0 8 .E O N o y0 ... , 75.• G N " . ,- y , E EL,4. 4 -0 U .t V, `n 9, al ;1...,) 0 ›, cd . .5 U 1° O • ,0 ) . ) Et ' Cn N0 ° ° -0 © ) 3U V , O U 4" .. 4 ° 4, Un U -'0 , V a0 �' ", . i U rz ' ,5 2 - cG ) O cl O U ›' E -5. s°. •-i a, -4 a, ° +' o U O `" U a, •••° 0 O aa) 6 .. a) O1] Z a. Ucu ccs 3 0 0, U .0 �., cvi.,� ca a, ", � ,. cc cC 0 3 . •." O a, 4s c, 0 Q. o cc" c a, 0 0 . ,9, 5 4 ,o ,4 , 4 o U 0 0 o ° b 0 -- o u, = _.,0 al N › '� O «i nn. 0 g b s°. H •-~ O U F,' v. vi•O 0 b 'is N o ^° O 44-4 ® ) , a, QP.,, 0 � O1b § O 5., ,0 V U § 5 -0 , E •y © T + -. O ° . O ) O � 2 cn cnU0O N0Qv] . .0Q a) C_) Ao F-i Q, 4, c `n O 0 . p, : 0 -dH U�O _ N ets ,—.1 s O co ® 64 ® \° - ' bA 000 ra Z CA = U Not Qd O 1 11 a) a) 0 El O U Cn E El El E El U 0o U 0 U a) � Up o 0 ° pO 'd O " 0 •-1 w U s4 N og o o �' o -ou sv ° o ° 'b o° o o, 6. w M ' 0Ua @ ar5 pM a) . O0. 'p ;^+ O O '8 1 Q • c• NOOa- cr cz So 3 N -0 ►" " 8 ".40 ° •F0O C.) C—' 0 N 19 '7 � .tet. O ° Oo 0 3, 0 8Prn 0 4.O O O f° ' O4-, 44 O0N , c ° 0 rI O co bA.4„ 8 0 0 . a) 04. U ) . U C1,d' d ¢+.0 'O vO o ) p � O N bA c + 4_4 p. 44 cn k O, O "d O •4-, '� c-, .-+ 4_, a, � .O y 8 O U ;� 0 4, ) N y PI 0 d +, \.0 •.-.IF•' O O O z . � cd L.) 0a' O 0O ... 0 o' ~ ;41 m � ; m •-. ` amai , y j v a) a)c+.4 O � ' vcU ' Ggtil A p ° rq s• ..i., cU om ^d C y ., 0 . . ., ,. cz " 0 xca g 0 -o -oh coo , ., O . ) - ° a,G •O N' " -z .4 t c ° qp - t ,0 .. - r .„U Si ,, . aiO QnOa' Ob b � U 0 - a' R 2 P. O O e" b3) 4 CI 4g , o0 • > N gZ b." -0 a) O 'm c, ti N ; N p, N Q. ¢ FA U U , ' ° r v 2 'c) 4 .y " Ca) 43N '> n V1 O " p C1' C " "0op ) .m 0 "0 U U " g ° 0 • m 08 > ai p. o d `* a.'g CI) , C)(1 4., y,'o O 0 O ' , > ) a . 'C� � cv;00 fN - v1 -4S `11 � U ) .p, p ) 4 ^d O caM Y ' , O 0 d- 0 a) . 0 en › _ 0 .4 � aai r' 0 ca La :12 erC.14 fag UgU6 , rn Nhi a) 6 69 0b 0Eil 0 N 0 71. OCO EON 4 c-+ p ° U d O e..1 .4 d N ,0 MU U cn 4 s. U a) d b Fti U 3y y ® 0 0 -I,, cd «3 ¢, C.) � ,., 4. `/ ., `/ s....., v ., cd O Ut. 4. 0 O N N a41- - 0 b °0 o • 44 0 ® 4 ® � gfu vi O a) o U °� v w a' aa)) ° • 0 ,bA c�" a, c. cUC 'C a) 0 O a) a .; � 0 g o t� � 0 � � 5 g � � �b 3 �, •3 N iY-.il •--I 0 s cci y a) 3 0 co :� •cd 0 •c a U of — 0 Oal, ° 2 x 2O x xc° 0- y to bO bA to ea O O O 0 V) C7 C.7 C7 C.7 0 0 0 0 by a) _ 0) 0 F, s °� n ° w '/ 4, 0a @ o •" a)o 0 .0 � � � '� � � 2n .� � 0n ) ` • � � � o � •, a ai 0n00 ai � i O0a, ._w. . b � o roco , ,. - a'� ai . ) a) > y ) , 0 _ ILK r 0 ° "•' M� 0 0 ani o 5 U1Iiil 0o ? °�o O .' ai '? w ► cs -� . 0 0 3 a = b ca c) ' p" N Y0 a) O . L.'= a) 0 t 4U••a (2 0 l O s". et .d ;-+'0 ¢,.0 a) 0 S. ,� a) 0 0 Q., a) 0 4 s~ 0 Q,'0 ,, •b5 N U a) U Q .� 0 cN cir ya) .yf, •� c0 O U ca - cu a) p 5 "c+ o ' p, a0i h 0 0 6.oo a a) j 0 n 0 ,•., Zw a) �_ o W g •0 g a) o ° a 3 4• o N ,4 N 4 Y O c�C 3 cd cn 0 O U o s'''.,, g N rn c,.., 0O+ ° •,�'�.• Q u a-) - �. 1. 4. C) 0 'b A' 0 _g ° C.) ,4 O 3 ;" •° 0 Q,(w O ,.k ° 3 4° O O 0 b°n O 0 •a o 3 �' 0 a) 0 O ai •c� 0.,4-, 0 r, C 'n a; 0 0 sem, 0 .�5 P� , O ',, bA �,', c° a) U ,,,, O N .-.� 0 s.., o U a O a) O 0 -.. '- 0 0 ate) ^I• t .d by , b O ° ° 0 `� •° o - c� 0 ° cn ao 0 '$ �, �, 0 a) •.,• cc' Q•z, c, g .- C 0 "-d o b $ x 5 a 0 ' /5b tb a) G) Q •.. .> s., V) U U •., A U] Ri U (] Q U +. cc) U Q O , s," rn s~ N OF m 0 01 - N - sl • ®a a c ets O 0 �' o ;N N N N N ti -d v -0 0 O O 6 CIJ CJ RI 4 © U . • r ^o a) I a; 2 ° E - E oo .� b oa� cy oa ) — 0 as .� p 5":4 V ., a) bA ai p .N 2 C Np cd o •1aaiY a, Q (1.)i o ai p $••4 y • N a) n , _ o cn ,4c a) 0 .D -4-, cd cA 14 li t4 0 b 0 cvio .- ci) o •.. CC <4.1 .p 0 ' U U ¢. 0GliO ..y am'. .d •^ g �b � - cr.t � o ..r Li, co � a oo a..) b•. , v, • et O c° 0 apN °-d fa, cN c� al v o a) ,0 -p .5.QbA p ' `ga) b •y p o b .5 o 0 �W ® o �t c) 0 Vl 4.,U VI cct N 03 — 0 7=4 � rPPJJ� P.0 -.6 - ® � ® cl °' . Appraisal of the PROPOSED HOKULI`A SHORELINE PARK North and South Kona, Hawaii THE I ' AIL TROM � INC. REAL ESTATE CONSULTANTS — &APPRAISERS November 29, 1999 Mr. Richard L. Humphreys Vice President 1250 Oceanside Partners 78-6831 Alii Drive, Suite K15 Kailua-Kona, Hawaii 96740 Appraisal of the Proposed Hokuli'a Shoreline Park North and South Kona,Hawaii, Dear Mr. Humphreys: Enclosed is a complete market value appraisal of a 114.570-acre conservation easement (areas A and B) situated south of the Villages of Hokukano in South Kona, together with proposed park improvements and a long-term commitment for ongoing maintenance. The subject property is a portion of a larger 1,282.223- acre holding that is identified on State of Hawaii Tax Maps as Third Division Tax Map Key 8-1-04,Parcel 3. The subject property, located at the North/South Kona district boundary, is the shoreline fronting the Hokuli'a master-planned oceanfront golf community. The subject is owned by the developer's of the Hokuli'a project and is being designated for a public park designed to service Hawaii County through a conservation easement in favor of the county. Our investigation of the subject property has included: research of real estate market activity in the appropriate economic sectors; consultation with governmental land use planners and services spokespersons; interviews of real estate professionals in the greater Hawaii County Community; a review of data and costs provided by 1250 Oceanside Partners; and an analysis of the proposed Hokuli'a park with associated improvements. Principal inspection of the subject property and environs occurred on October 26, 1999. ARBITRATION The function of our summary report is to provide real property information, real VALUATION.ANI) estate market data, and an informed independent professional present value as of MARKET STUDIES September 16, 1999 (the date that the Grant of Easement and Covenants document was signed by the developer and Hawaii County). PAUAHI TOWER SUITE 1 350 1001 BISHOP STREET HONOLULU HAWAII 96513 (508)526-0444 FAX(808)533-0147 email@hal lsi romgrouI.nnn s'w a.ha I Is t ro m P ro a I+.Low f f`. Mr. Richard L.Humphreys November 29, 1999 Page2 Based on our research and analysis, it is our opinion as of September 16, 1999 that the aggregate rounded fee simple market value of the easement, improvements and maintenance commitment was: TEN MILLION NINE HUNDRED NINETY-FIVE THOUSAN it DOLLARS ($10,995,000) All conclusions presented herein are subject to the standard limiting conditions, assumptions, and certification of The Hallstrom Group, Inc., in addition to any others specifically cited in the text. All work has been completed in conformance with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice. We appreciate the opportunity to be of service in this matter. Please contact us if clarification or further information is required. Respectfully submitted, THE HALLSTROM GROUP, INC. -5 Co)- James E. Hallstrom,Jr.,MAI, CRE /as O THE L ` ` I- TROVI E R P INC. REAL ESTATE CONSULTANTS — &APPRAISERS Appraisal of the PROPOSED HOKULI'A SHORELINE PARK Located at North and South Kona,Hawaii Prepared for Mr. Richard L.Humphreys Vice President 1250 Oceanside Partners ARBITRATION VALUATION AND MARKET STUDIES PAUAHI TOWER SUITE 13W g., nnn 1001 BISHOP STREET September 1999 HONOLULU I IAWAII 96813 (808)526-0444 FAX(808)513 0347 crani IQ8haI Ist rumgruup.cum v vwc.hnIIstrumtiruup.c.nn TABLE OF CONTENTS Page ASSIGNMENT AN 1, SUMMARY 1 Assignment 1 Scope of Study 1 Summary of Conclusions 2 Definition of Terms 3 Limiting Conditions and Assumptions 5 General 5 Specific 8 ECONOMIC BACKGROUND 8 ENVIRONS AND GENERAL MARKET CONDITIONS 9 PROPERTY DATA 10 Identification 10 Legal Description 10 Easements and Restrictions 10 Tax Map Key 10 Census Tract Number 11 Geological Survey 11 Location/Address 11 Federal, State, and County Classifications 11 State Land Use 11 County General Plan 11 County Zoning 12 Flood Plain Designation 12 Title History 12 CARLSMITH BALL ILP a , G-imi= A Lranreo L1Aartrr�LAW PA: ]rt;Rsrtrn 121 WAIANL:t:vL:_:AVE,MJF P.O.13UX 686 1-1LO,1-1Aweur 96721-0686 TELEPH0NE 808.935.6644 FAX 808.935.7975 WWW.CARLSMICY-;.COM SLIMoCARLSMITI LCOM January 23, 2020 VIA HAND DELIVERY Michael Yee Director - . , Planning Department - _13 101 Pauahi Street, Suite 7 Hila, Hawaii 96720 Attn: Jeff Dan-ow Re: Request for an amendment to Condition M of Ordinance No. 96-8 Original Applicant: 1250 Oceanside Partners, L.P. Successor Applicant: 1250 Oceanside, LLC Tax Map Key Nos.: (3) 8-1-004:070 (Roads 11-A-1 & 12-A) and 8-1-030:055 Road R-10-A former! 3 8-1-004:003 collective) the "Pro ert " Dear Mr. Yee: As you are aware, our firm represents 1250 Oceanside, LLC ("Oceanside"), the predecessor-in-interest to 1250 Oceanside Partners, L.P. ("1250 L.P."), and the current developer of the master planned Hokuli'a project (the "Project"). The relevant portion of the Project is subject to Change of Zone Ordinance No. 96-8 ("Ord. 96-8"), which was approved by the County of Hawaii on January 15, 1996. Ord. 96-8 rezoned the upper or mauka half of the Project from Agricultural (A-5a) to Agricultural (A-1a)1 (See "Exhibit 1" - Ord. 96-8). Conditions L(4)2 and L(5)3 of Ord. 96-8 required that 1250 complete the construction of a 1 The Project is also subject to Change of Zone Ordinance No. 96-7("Ord.96-7"),which was also approved by the County of Hawaii on January 15, 1996,and rezoned the rnakai portion of the Project from A-5a to A-la. Conditions L(4) and L(5)of Ord.96-8 state the following: (L)Roadway improvements and access(es)to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (4)construct the extension of Haleki'i Street through the subject property as generally reficetLLI H Exhibit "B", which phasing of improvements shall he approved by the Department of Public Works. If,before the completion and opening of the entire M>amaiahoa Ilighway Bypass, a portion of said bypass is completed and opened,and said portion provides a connection to a Haleki'i Street,a barricade or breakaway gate, m NNEDHONOLULU1t�t.n SCAKONA - MAUI • Los ::r:i r... Exhibit "4" JAN 2020 4417-99$5-297 .6.C+il7_iil-ODU 7 �)• ..:`,r'sem' `'y i,L) ry rig Michael Yee Page 2 mauka-makai extension of Haleki'i Street within the Project, which provides public access to the Hokuli'a shoreline park, in addition to an internal lateral roadway intended to provide connectivity to the adjacent lands that border the Project to the north and south (collectively referred to herein as the "Connector Roads"). The proposed alignment of the Connector Roads is generally reflected in "Exhibit B" to Ord. 96-8, which we have also attached as "Exhibit 2". "Exhibit B" to Ord. 96-8 depicts the current Project area, in addition to lands located to the north comprised of TMK: (3)7-9-012:004, which are no longer a part of the Hokuli'a project. Condition M of Ord. 96-8 states that: "All roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii."4 Please accept this letter as Oceanside's request that Condition M of Ord. 96-8 be amended to allow for the Connector Roads to remain in private ownership, based on the current as-built conditions. This request will not alter the public's current right of mauka-makai vehicular public access through the Project to the shoreline. The following discussion will summarize the background and reasons for Oceanside's requested amendment. I. Brief Project History. As you are probably aware, Oceanside's predecessor, 1250 L.P, first conceived the Hokuli'a project in the early 1990's, as a higher density master planned residential development consisting of approximately 1,540 lots, a 27-hole golf course, and a small 100-unit member's lodge. 1250 L.P. was eventually challenged in court on the merits of its proposed master plan, and following a few years of court proceedings, 1250 L.P. revised its master plan in response to concerns expressed by the community, ultimately proposing a lower density agriculturally- focused development, which also culminated with the elimination of the member's lodge from the Project's development plans. As a part of its revised master plan, 1250 L.P. committed to providing significant public improvements and community benefits, including the development of an approximately 140-acre shoreline park area, the expansion of the County's Kona Scenic Park, and construction and dedication of an approximately 5-mile segment of the 2-lane Mamalahoa Bypass Highway (nka Alii Highway) between Keauhou and Captain Cook. 1250 L.P. submitted the necessary entitlement permits to the County to implement the revised master plan consisting of 730 agricultural lots, which culminated with the adoption Ord. 96-8. Following the adoption of Ord. 96-8, Oceanside and its predecessor secured the approval of numerous other entitlement permits allowing the development Project to proceed forward. requirements of the Department of Public Works,shall be installed by the applicant as a part of the required Haleki'i Street Improvements. The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use;and (5)provide roadway stub-outs, generally shown in Exhibit"B",to provide future connections between the subject property,and the adjacent properties to the north and south;provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. 3 In contrast, and although a portion of the Connector Roads(makai portion of Haleki'i Street) is covered by Ord. 96-7,that Ordinance does not contain a condition requiring dedication of the Connector Roads to the County so no amendment to Ord.96-7 is required. Michael Yee Page 3 Oceanside has also taken further steps recently to reduce the scale and intensity of the Hokuli'a project by reducing the overall lots developed in the Project.. Shortly following the adoption of the Ord. 96-8, 1250 L.P. submitted construction plans to the County for the Phase 1 subdivision infrastructure improvements, which included the Connector Roads. The Connector Roads were constructed in 1999,based on a non-dedicable roadway design approved by the Department of Public Works at the time, and these improvements were completed a short time later. In the years that followed the approval of Ord. 96-8, 1250 L.P. found itself back in Court defending against challenges that the Project did not comply with certain State and County land use laws (Civil No. 00-1-192K or otherwise referred to herein as the "Kelly Litigation"), in addition to litigation relating to bonds that had been issued to assure completion of project infrastructure. During this period, the Project's lender assumed control of the Hokuli'a project. Due to the prolonged shutdown of the Project as a result of the Kelly Litigation, 1250 L.P.'s financial situation was extremely fragile when the Courts finally lifted the development injunction in March 2006. As a result, 1250 L.P. was unable to make a required loan payment to its lender in late 2007, which resulted in a default on the loan. Following the default, development activities could only proceed with lender authorization and funding. Our client, Oceanside, acquired the loans in late 2012, however, 1250 L.P. needed to proceed with a petition under Chapter 11 of the Bankruptcy Code in early 2013 to restructure secured and unsecured debt. During this time, 1250 L.P. completed the construction of the easterly/mauka portion of the Haleki'i Street extension (mauka of the Ali'i Highway) and dedicated it to the County in 2012. Similar to the Connector Roads, the Haleki'i Street mauka extension was not built to County dedicable standards, however, the County accepted this roadway segment for dedication, and now this mauka segment of Haleki'i Street is in the County's roadway inventory. 1250 L.P. emerged from bankruptcy on July 1, 2014, with our client (Oceanside) in control of the Project. Since emerging from bankruptcy, Oceanside has paid the County $20 million dollars to assist the County with its completion of the Ali'i Highway, which is now open and enjoyed by the public. Oceanside has also made tremendous strides towards revitalizing the once dormant Project by completing necessary Project elements such as the Phase I Wastewater Treatment Plant, additional infrastructure improvements in subdivision Phases 1 and 2, and the Archaeological Preservation Plan for the Phase 1 and Phase 2 areas of the public Hokuli'a Shoreline Park. The public also has full enjoyment of the recently completed rehabilitation of the Shoreline Park in Phases 1 and 2, which commenced following the approval of the Archaeological Preservation Plan by the State Historic Preservation Division. Oceanside has also completed extensive trail and rest area improvements within Phases 1 and 2, while simultaneously obtaining the necessary permitting for a new public restroom facility with 28 parking stalls. Oceanside also recently dedicated to the County a 2.273-acre parcel abutting the north side of the Kona Scenic Park, which we understand the County will use to provide much needed off-street parking relief for the public. Oceanside is also currently processing the necessary permits and plans to develop an additional source of potable water to ensure continued water availability for the entire Project, while also helping to improve the County's public water system in the region by making additional water available for the public,because of this new source. Since Oceanside and its predecessors have completed numerous public benefit projects though the development of Hokuli'a, as of August 23, 2012, the Planning Department confirmed 4817.9985 2974.8.051730-00047 Michael Yee Page 4 that Oceanside had a total balance of fair share credits in the amount of$8,641,127.12 (See attached "Exhibit 3"). II. Amendment to Condition M of Ord. 96-8. 1250 L.P. constructed the Connector Roads based on road details approved by the Department of Public Works. The Connector Roads consisted of 20-foot wide paved driving surfaces with landscaped shoulders and swales, all contained within 50 to 60-foot wide right-of- ways. These Connector Roads were platted during the Phase 1 subdivision process, and the Planning Department ultimately approved the Phase 1 subdivision in 1999. Oceanside's predecessor, 1250 L.P., also sought and obtained approval of variances in 2011 to allow the retention of existing, and the construction of new private 20-foot paved roadways within 50 and 60-foot wide rights-of-way, without having to pave the shoulders. 1250 L.P. sought these variances to minimize the potential for excessive grading for environmental reasons, as they were concerned that the grading of the steeply sloping Property coupled with a full pavement of the right-of-way could increase the potential for storm water runoff. This potential for storm water runoff was demonstrated when the Project was put on hold by the State in late 2000, to allow the remediation of sediment runoff into the near shore waters fronting Hokuli'a caused by a few severe storm events. 1250 L.P. also indicated in their submittal to the County that all of the existing and planned roads within the Project were intended to be privately owned and maintained by the Hokuli'a Homeowners Association ("HCA"). By way of letter dated January 31, 2011, the Planning Department approved VAR-10- 027,which granted variances from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets, and Section 23-95, Right-of-way improvement. The approved variances allowed all roads within the Project to be constructed to a non-dedicable standard with grassed shoulders and swales. The Planning Department granted a further amendment to VAR-10-027 on January 13, 2015 to allow lava rock treatments along certain areas of the roadway shoulders, so Oceanside could blend the roadways into the natural design theme for the road corridors. These Planning Department approved variances for grassed or permeable-type swales allowed 1250 L.P. /Oceanside to adequately capture additional surface runoff during rain events, while also making the roadways more visually compatible with the surrounding area and existing roadways. Thus, these roadways will not need to be improved to County-dedicable standards in the future. The primary purpose of this request is to allow the Connector Roads to remain in private ownership,based on the current "as-built" construction, without improving the roadways to a County-dedicable standard. Although Condition M of Ord. 96-8 requires that "(a]ll roadway improvements stated in Condition L of[the] ordinance shall be dedicated to the County of Hawaii", the condition does not require that the roadway improvements described in Condition L of Ord. 96-8 be designed or constructed to the County's dedicable standards, nor does the subject condition establish a timeframe by which the improvements need to be dedicated to the County. Oceanside and its predecessors have spent a considerable amount of resources to construct roadways in their present state, based on prior approvals issued by the County. Hokuli'a is also a naturally beautiful place and the alternate permeable treatment of the shoulders and swales along all the Project roadway corridors have only helped to control surface runoff, while also enhancing the overall appearance of Hokuli'a, consistent with the community's earlier desire for Michael Yee Page 5 a lower density, less urban looking, agriculturally-focused development. Oceanside also strongly believes that it is reasonable to keep the Connector Roads in private ownership, as they have been in private ownership since 1999, and public access over the Connector Roads to the Shoreline Park has always been made available to the public. The public's right to access the Shoreline Park over the private Haleki'i Street makai extension was memorialized on September 16, 1999, through the execution and recordation of a Grant of Easement and Covenants executed by the County and 1250 L.P. (See attached "Exhibit 4"). The continued private ownership of the Connector Roads would not interfere with the public's use of the Shoreline Park. The added benefit of keeping the roads in private ownership is that the County is absolved from the responsibility of maintenance and the liability for these roadway improvements. Assuming approval of this request, Oceanside intends to convey the Connector Roads to the HCA, and the HCA has agreed to accept ownership, maintenance, liability, and control of these roadways, in addition to the rest of the privately-owned Project roadways. The HCA will continue to be responsible for the construction maintenance, repair and replacement of the subject roads at no cost to the County of Hawaii. Oceanside has fully complied with the construction of all roadway improvements pursuant to Condition L of Ord. 96-8, as all of the subject roads are complete. As required by Condition L of Ord. 96-8, Oceanside and its predecessor completed and contributed significant funds towards the development of multiple public benefit roadway improvements for the community. These roadway improvements include, (1) the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection, (2) the completion of the 2-lane Haleki'i Street extension between Mamalahoa Highway and Alii Highway, (3) the completion of the Ali'i Highway extension between Keauhou and Captain Cook, the latter section aided by a$20 million dollar payment made to the County to facilitate the completion of the roadway shortly after Oceanside exited bankruptcy, and (4) the completion the Connector Roads within the Project to stub-out to the adjacent properties, namely TMK No.: (3)7-9-012:004 to the north (this parcel is no longer part of the Project), and TMK No.: (3) 8-1-007:045 to the south ("Adjacent Properties"),The completed Connector Roads have also provided the public with access to the Hokuli'a Shoreline Park. Oceanside constructed the 2-lane Ali'i Highway to County dedicable standards through the Project, which was intended to provide a major thoroughfare between Captain Cook and Keauhou. The completed Ali'i Highway, coupled with the maukaimakai connection to Mamalahoa Highway,was not only intended to serve the Hokuli'a project, but to also help divert the regional through traffic from Mamalahoa Highway, to alleviate congestion at peak traffic times in upper Kona. The current design of Ali'i Highway will also accommodate the future development of the vacant properties located mauka and makai of the roadway corridor. This portion of Ali'i Highway was designed as a primary arterial with a large 120-foot right-of-way to accommodate four (4) travel lanes should the County deem that two additional travel lanes are needed in the future. The future transportation link that will be created between the Connector Roads and the Adjacent Properties within the lower half of the Project is supportive of lower density agricultural uses desired by Oceanside, and the objectives of the Kona Community Development 4817-9485-2974.8.051730-00047 Michael Yee Page 6 Plan ("KCDP"). Development of the Adjacent Properties to the north and south will likely not be for urban type-uses in the foreseeable future. Policy LU-3.8 of the KCDP provides that rezoning of agriculturally zoned properties outside of the Urban and Rural Transit Oriented Development ("TOD") areas may only be appropriate to develop a small number of lots intended for transfer to family members. Regarding the Adjacent Properties, the property to the north of the Connector Roads is zoned Agricultural A-la(minimum lot size 1-acre), and the property to the south is zoned Agricultural A-5a(minimum lot size 5 acres), and both are outside of the Urban and Rural TOD areas and undeveloped at this time. Assuming that the Leeward Planning Commission and County Council agree to Oceanside's proposal to retain the Connector Roads in private ownership, Oceanside will commit to granting a perpetual, non-exclusive vehicular access easement in favor of the County of Hawaii over the Connector Roads to allow for access from the Adjacent Properties to Alii Highway,but only upon the precondition that the Adjacent Properties complete construction and open for public travel their respective roads within the Adjacent Properties connecting up to the Ali'i Highway, prior to connecting directly to the Hokuli'a Connector Roads. The rationale for this precondition is that the Adjacent Properties should each have to pay their own road construction costs of connecting their Adjacent Properties to Ali'i Highway. These costs shall be in addition to thero rata cost share owed to Oceanside for contribution to the development of the Alii Highway. Oceanside should not be required to allow access from the Adjacent Properties over the Connector Roads up to Ali'i Highway without the Adjacent Properties first being responsible to construct their own access roads to intersect with Ali'i Highway. Based on the reasons listed above, Oceanside respectfully requests approval of this request for the proposed deletion of original Condition M of Ord. 96-8, and substitution with revised Condition M as follows (additions are underlined; deletions are bracketed): Condition M. All roadway improvements stated in Condition L of this ordinance shall not be dedicated to the County of Hawaii[.], provided however, that upon completion of construction to standards acceptable to the Department of Public Works, and opening to public vehicular travel of the access roads and intersections with Ali'i Highway from within the adjacent parcels at TMK No. (3) 7-9-012:004 and TMK No. (3) 8-1-007:045, the owner of the Connector Roads TMK: (3) 8-1-004:070 and 8-1-030:055, and its successors and assigns, shall execute and record in the State of Hawai'i Bureau of Conveyances a perpetual, non-exclusive grant of vehicular access easement in a form mutually acceptable to the applicant and the Department of Public Works to provide public vehicular access rights to the County of Hawaii, over the privately owned roadways within the adjacent parcels located at TMK: (3) 8-1-004:070 and 8-1-030:055, as shown on "Exhibit C"." Finally, we have included with this request the following to complete our submittal: 1. 1 original and 20 copies of this request; 2. 1 original Fee Owner's Letter of Authorization; 5 Development Agreement dated April 20, 1998,executed by 1250 Oceanside Partners and the County of Hawaii, recorded in the State of Hawaii Bureau of Conveyances as Document No.98-060529. Michael Yee Page 7 3. A condition compliance matrix describing Oceanside's compliance with the stated conditions of approval pursuant to Ord. 96-8; 4. Updated list of surrounding property owners within 1,000 feet from the Property boundary; and 5. Filing fee of$500 payable to the "County Director of Finance". If you have any questions regarding this request or if you require additional information, please feel free to contact me or my paralegal Jason Knable at 935-6644 at any time. Thank you for your assistance with this request. Sincerely, St en SC. Lim SSL/jkkl cc: 1250 Oceanside, LLC 4817-9985 2974.8.051730-00047 THIS DOCUMENT WAS PRINTED ON PAPER CONTAINING ULTRAVIOLET FIBERS AND A WATERMARK-HOLD UPTO A LIGHTTO VIEW Carismitth Ball LLP tiankofHawaii •.ro2 155436' P.O. Box 656 HONOLULU, 13 CHECK NO. NOLULU,LU,HAWAII Honolulu, Hawaii 96805 "456 Ph. (808) 523-2500 DATE 12/19/19 "'Five hundred and 00/100 DOLLARS AMOUNT ""3500.00*** VOID AFTER 90 DAYS County Director of Finance PAY TO THE ORDER OF: r, "00 L 554 3611' I: 1 2 L 30 L0 28': 000 L"""006 5 3 310 Payee: County Director of Finance Check#: 155436 VendorlD: 1377 Check Date: Dec 19,2019 Customer ID 3ice Date Invoice Number Number Amount 19/2019 1912195SL Filing Fee for rezoning amendrnent-• 1250 $500.00 Oceanside-Infrastructure(051730-00047) $500.00 Payee: County Director of Finance Check#: 155436 Vendor la 1377 Check Date: Dec 19,2019 Customer ID Amount ivoice Date Invoice Number Number 2/1912019 191219SSL Filing Fee for rezoning amendment--1250 $500.00 Oceanside-Infrastructure(051730-00047) $500 00 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMITH.COM SLIM@CARLSMITH.COM March 3, 2023 VIA HAND DELIVERY Zendo Kern Director Planning Department 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 Re: Request for an amendment to Condition M of Ordinance No. 96-8 Original Applicant: 1250 Oceanside Partners, L.P. Successor Applicant: 1250 Oceanside, LLC Tax Map Key Nos.: (3) 8-1-004:070 (Roads 11-A-1 & 12-A) and 8-1-030:055 (Road R-10-A) [formerly (3) 8-1-004:003], collectively the "Connector Roadway" Dear Mr. Kern: Our firm represents 1250 Oceanside, LLC ("Oceanside"), the successor-in-interest to the original applicant 1250 Oceanside Partners, L.P. ("1250 L.P."), and the current developer of the master planned Hokuli'a project (the "Project"). Oceanside is not affiliated or related to the prior developer of the Project, 1250 L.P., as Oceanside acquired the rights to develop the Project in late 2012 through bankruptcy, which we will detail in the discussion below. A portion of the Hokuli'a project is subject to Ordinance No. 96-8 ("Ord. 96-8"), which was approved by the County of Hawaii on January 15, 1996, and rezoned the east/mauka portion of the Project areal from A-5a to A-1 a(See "Exhibit 1" - Location map showing the approximate areas rezoned by Ord. 96-8; "Exhibit 2" - Copy of Ord. No. 96-8). Oceanside currently controls a majority of the lands subject to Ord. 96-8, however, TMK: (3) 7-9-012:004, is no longer a part of the Hokuli'a project, and it is presently owned by Ackerman Ranch, Inc. (Ref. "Exhibit 1") As a part of the rezoning action for Hokuli'a, Oceanside was required to complete certain The west/makai lands of the Project are subject to Change of Zone Ordinance No. 96-7 ("Ord.96-7"),which was similarly approved by the County of Hawaii on January 15, 1996,and rezoned this portion of the Project from A-5a to A-l a. 4888-3477-2809.7.071732-00001 Exhibit. "5" Planning Director Zendo Kern Page 2 roadways, which included the mauka-makai extension of Haleki'i Street through the lower half of the Project(which presently provides public access to the Hokuli'a shoreline park), in addition to an internal roadway parallel to Ali'i Drive that would stub-out to the adjoining lands bordering the Project to the north and south to provide connectivity(these roadways are collectively referred to herein as the "Connector Roadway"). (Ref "Exhibit 2" - Ord. 96-8, Conditions L(4) and L(5) respectively). The proposed alignment of the Connector Roadway is generally reflected in "Exhibit B" to Ord. 96-8. (Ref. "Exhibit 2" - Exhibit B). With respect to the Connector Roadway and the other roadways required by Ord. 96-8, Condition M states further that: "All roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii.i2 Oceanside has dedicated all of the roadways discussed Ord. 96-8, Condition L, with the exception of the Connector Roadway. This letter is intended to serve as Oceanside's formal request for an amendment to Condition M of Ord. 96-8, to allow the Connector Roadway to remain in private ownership, based on the current as-built conditions. This request to amend the dedication requirement for the Connector Roadway will not affect the public's current right of mauka-makai vehicular public access through the Project from Ali'i Drive to the Hokuli'a Shoreline Park. The following discussion will further expand on this issue, in addition to providing the history on the Project, and the background, context, and reasons for Oceanside's requested amendment to continue to keep the Connector Roadway in private ownership. We have also enclosed a copy of our latest 2022 Annual Progress Report dated August 10, 2022 as "Exhibit 3" describing our client's overall compliance with the conditions of all the Project entitlements. I. Brief Project History. Oceanside's predecessor, 1250 L.P, first conceived the Hokuli'a project in the early 1990's, as a higher density master planned residential development consisting of approximately 1,540 lots, a 27-hole golf course and a small 100-unit members' lodge. 1250 L.P. was eventually challenged in court on the merits of its proposed master plan, and following a few years of court proceedings, 1250 L.P. revised its master plan in response to concerns expressed by the community, ultimately proposing a lower density agriculturally-focused development, which also included the elimination of the member's lodge from the Project's development plans. As a part of its revised master plan, 1250 L.P. committed to providing significant public improvements and community benefits. These improvements included the development of an approximately 140-acre shoreline park, the expansion of the County's Kona Scenic Park, and the construction and dedication of an approximately 5-mile segment of the 2-lane Ali'i Drive between Keauhou and Captain Cook (which can be expanded by the County to 4 lanes in the 2 In contrast,and although a portion of the Connector Roadway_(makai portion of Haleki'i Street)is covered by Ord. 96-7,that Ordinance does not contain a condition requiring dedication of the Connector Roadway to the County and thus no amendment to Ord. 96-7 is required. 4888-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 3 future). 1250 L.P. submitted the necessary entitlement applications to the County to implement the revised master plan consisting of 730 agricultural lots, which culminated with the adoption Ord. 96-8 (and Ord. 96-7 covering the makai lands of the Project). Following the adoption of Ord. 96-8, 1250 L.P. secured the approval of numerous other entitlement permits allowing the development Project to proceed. Shortly following the adoption of Ord. 96-8, 1250 L.P. submitted construction plans to the County for the Phase 1 subdivision infrastructure improvements, which included the Connector Roadway. The Connector Roadway was constructed in 1999, based on a non- dedicable roadway design approved by the County Department of Public Works, and allowed by variances approved by the Planning Department, as more fully described below. In the years that followed the approval of Ord. 96-8, 1250 L.P. ultimately defaulted on the loan to its lender in late 2007, and the control over the Project reverted to the lender. All development activities during this time were halted and could only proceed with lender authorization and funding. Our client, Oceanside, acquired these loans in late 2012. However,before Oceanside could restart development of the Project, 1250 L.P. needed to proceed with a petition under Chapter 11 of the Bankruptcy Code in early 2013 to restructure secured and unsecured debt. During this time, 1250 L.P. completed the construction of the easterly/mauka portion of the Haleki'i Street extension (mauka of the Ali'i Drive) and dedicated it to the County in 2012. Similar to the Connector Roadway, the Haleki'i Street mauka extension was not built to County dedicable standards, however, the County accepted this roadway segment for dedication, and now this mauka segment of Haleki'i Street is in the County's roadway inventory. 1250 L.P. emerged from bankruptcy on July 1, 2014, with our client(Oceanside) in control of the Project. Since emerging from bankruptcy, Oceanside has paid the County $20 million dollars to assist the County with its completion of the Ali'i Drive extension. Oceanside has made significant strides towards revitalizing the once dormant Project by completing necessary Project elements such as the Phase 1 Wastewater Treatment Plant, additional infrastructure improvements in subdivision Phases 1 and 2, various golf course related amenities, and all archaeological mitigation relating to the Project. The Archaeological and Cultural sites within the Project are actively maintained by the Hokuli'a Parks and Cultural Sites Association ("PCSA"), which is funded out of the Project's club membership dues. The Shoreline Park(which is being developed in 5 phases)has been opened to the public since 2002. Oceanside has completed the improvements required by the Comprehensive Public Access Plan for Phases 1 through 3, and improvements within Phase 4 are currently underway. The completed park improvements consist of planting naturally occurring native trees, shrubs, and ground covering vines, the improvement of the shoreline trail system with wood chips generated from the debris from the clearing of non-native invasive vegetation, the creation of public rest areas along the trail system complete with picnic tables and waste receptacles, and the installation of appropriate directional, hazard and cultural protocol signage. Oceanside has also simultaneously obtained permitting for a new public restroom facility with 28 parking stalls. The Shoreline Park is also maintained by the Hokuli'a PCSA. 4585-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 4 On December 12, 2016, Oceanside also dedicated a 2.273-acre parcel abutting the north side of the Kona Scenic Park to the County, which we understand is being used to provide much needed off-street parking for the public3. In light of these public benefit contributions, as of August 23, 2012, the Planning Department confirmed that Oceanside had a total balance of fair share credits in the amount of $8,641,127.12 (See attached "Exhibit 4"). Oceanside has also taken further steps recently to reduce the scale and intensity of the Hokuli'a project by reducing the overall lots developed in the Project. II. Amendment to Condition M of Ord. Ord. 96-8. Oceanside and its predecessor have always remained steadfast in its commitment to provide roadway improvements to support the community, as required by Condition L of Ord. 96-8. The roadway improvements subject to Condition L of Ord. 96-8, are comprised of the following: 1. The channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection. (Ref "Exhibit 2" - Ord. 96-8, Condition L(1). This intersection improvement was completed and in operation for the public on January 11, 1999. 2. The Ali'i Drive extension between Keauhou and Captain Cook. (Ref "Exhibit 2" - Ord. 96-8, Condition L(2) and L(3). The northern portion of this roadway was completed and dedicated to the County on November 20, 20124. The completion of the southern section of this roadway was aided by a$20 million dollar payment made to the County to facilitate the completion of the roadway shortly after Oceanside exited bankruptcy. 3. The 2-lane Haleki'i Street extension between Mamalahoa Highway and Ali'i Drive. (Ref "Exhibit 2- Ord. 96-8, Condition L(4). This roadway was completed and dedicated to the County on November 15, 20125. 4. The completion of the makai extension of Haleki'i Street to the makai/west of Ali'i Drive. (Ref. "Exhibit 2- Ord. 96-8, Condition L(4). This completed roadway provides the public with vehicular access to the Hokuli'a Shoreline Park. 5. The lateral roadway within the Project to stub-out to the adjacent properties to the north and south. (Ref. "Exhibit 2- Ord. 96-8, Condition L(5). This completed lateral roadway will provide connectivity to TMK No.: (3) 7-9-012:004 to the north (this parcel is no longer part of the Project, as discussed earlier), and TMK No.: (3) 8-1- 007:045 to the south (collectively the "Adjacent Properties"). The completion of these roadways represents a substantial financial investment made by Oceanside and its predecessor. 3 See Dedication Deed,recorded in the Bureau of Conveyances of the State of Hawaii("BOC")as Document No.A- 71390875 4 See Dedication Deed,recorded in the BOC as Document No.A-47440811. See Dedication Deed,recorded in the BOC as Document No.A-47141070. 4888-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 5 As discussed earlier, the focus of this amendment request is to allow the Connector Roadway(the makai extension of Haleki'i Street, the internal lateral roadway and stub-outs) to remain in private ownership, based on the current "as-built" construction, without the requirement to improve the roadways to a County-dedicable standard. Although Condition M of Ord. 96-8 requires that "[a_ll roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii", this condition does not require that any of the roadway improvements described in Condition L of Ord. 96-8, including the Connector Roadway be designed or constructed to the County's dedicable standards, nor does the subject condition establish a timeframe by which the improvements need to be dedicated to the County. Since there was no requirement that the Connector Roadway be built to a dedicable standard, Oceanside and its predecessor, sought and obtained variances approved by the County Planning Department for the Connector Roadway, and completed construction of the Connector Roadway based on construction details approved by the County Department of Public Works. It is important to note again that the Connector Roadway was originally platted during the Phase 1 subdivision process, which was approved by the County in 1999, approximately 24 years ago. Following the approval of the Phase 1 subdivision, Oceanside's predecessor, 1250 L.P., sought approval of variances in 2011 to allow the retention of existing, and the construction of new private 20-foot wide paved roadways within 50 and 60-foot wide rights-of-way, without having to pave the shoulders of the roadways. 1250 L.P. pursued these variances to minimize the potential for excessive grading to minimize potential environmental hazards, and to address the concern that the grading of the steeply sloping lands within the Project, coupled with a full pavement of the right-of-way would increase the potential for storm water runoff This potential for storm water runoff was demonstrated when the Project was put on hold by the State in late 2000, to allow the remediation of sediment runoff into the nearshore waters fronting Hokuli'a caused by a few severe storm events. 1250 L.P. also indicated in their submittal to the County during this variance process that all of the existing and planned roads within the Project were intended to be privately owned and maintained by the Hokuli'a Homeowners Association ("HCA"). By way of letter dated January 31, 2011, the Planning Department approved VAR-10- 027, which granted variances from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets, and Section 23-95, Right-of-way improvement. The approved variances allowed all roads within the Project to be constructed to a non-dedicable standard with grassed shoulders and swales. The Planning Department granted a further amendment to VAR-10-027 on January 13, 2015 to allow lava rock treatments along certain areas of the roadway shoulders, so Oceanside could blend the roadways into the natural design theme for the road corridors. These Planning Department approved variances for grassed or permeable-type swales allowed 1250 L.P. / Oceanside to adequately capture additional surface runoff during rain events, while also making the roadways more visually compatible with the surrounding area and existing roadways. Thus, these roadways will not need to be improved to County-dedicable standards in the future. Presently, the Connector Roadway consists of 20-foot wide paved driving surfaces with 4888-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 6 landscaped shoulders and swales, contained within 50 to 60-foot wide right-of-ways. Oceanside and its predecessors have made a considerable investment to construct the Connector Roadway in its present state,based on prior approvals issued by the County. Hokuli'a is a naturally beautiful place, and these approved alternate permeable surfaces for the shoulders and swales along all the Project roadway corridors have only helped to control surface runoff. These improvements enhance the overall appearance of Hokuli'a, consistent with the community's earlier desire for a lower density, less urban looking, agriculturally-focused development, which is also consistent with the vision of the Kona Community Development Plan ("KDCP"). Oceanside also strongly believes that it is reasonable to keep the Connector Roadway in private ownership, as it has been in private ownership since 1999. Although the Connector Roadway is currently private, public access over the Connector Roadway to the Shoreline Park has always been open to the public and will remain open in perpetuity. The public's right to access the Shoreline Park over the makai extension of Haleki'i Street was memorialized on September 16, 1999, through the execution and recordation of a Grant of Easement and Covenants executed by the County and 1250 L.P. (See attached "Exhibit 5"). The continued private ownership of the Connector Roadway will not interfere with the public's use of the Shoreline Park. One of the added benefits of keeping the Connector Roadway in private ownership is that the County is absolved from the responsibility of maintenance and the liability for these roadway improvements. Assuming approval of this request, Oceanside intends to convey the Connector Roadway to the HCA, and the HCA has agreed to accept ownership, maintenance, liability, and control of these roadways, in addition to the rest of the privately-owned Project roadways. The HCA will continue to be responsible for the construction, maintenance, repair and replacement of the subject roads at no cost to the County of Hawaii. The future transportation link that will be created between the Connector Roadway and the Adjacent Properties within the lower half of the Project is supportive of the lower density agricultural uses desired by Oceanside, and the objectives of the KCDP and the community. Development of the Adjacent Properties to the north and south will likely not be for urban type- uses in the foreseeable future, unless there is a seismic shift in County's and the community's current desire for less urban development of agricultural land outside of the Kona urban core. As discussed in Policy LU-3.8 of the KCDP, the rezoning of agriculturally zoned properties outside of the Urban and Rural Transit Oriented Development("TOD") areas may only be appropriate to develop a small number of lots intended for transfer to family members. The Adjacent Property to the north of the Connector Roadway is zoned Agricultural A-1 a (minimum lot size 1-acre), and the Adjacent Property to the south is zoned Agricultural A-5a(minimum lot size 5 acres). Both of these properties are outside of the Urban and Rural TOD areas and remain undeveloped at this time. Furthermore, the KCDP does not discuss or identify the need for another County dedicable or concurrency roadway linking the lower half of the Project to the properties to the north and south,presumably due to the desire for less urban development on agricultural land. Assuming that the Leeward Planning Commission and County Council agree to support our client's proposal to retain the Connector Roadway in private ownership, Oceanside will 4888-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 7 ensure connectivity between the Adjacent Properties through the granting of a perpetual, non- exclusive vehicular access easement in favor of the Adjacent Properties over the Connector Roadway, but only upon the precondition that the Adjacent Properties complete construction and open for public travel their respective roads within the Adjacent Properties connecting up to the Ali'i Drive,prior to connecting directly to the Hokuli'a Connector Roadway. The rationale for this precondition is that the Adjacent Properties should each have to pay their own road construction costs of connecting their Adjacent Properties to Ali'i Drive. These costs shall be in addition to the pro rata cost share owed to Oceanside for contribution to the development of the Ali'i Drive6. Oceanside should not be required to allow access from the Adjacent Properties over the Connector Roadway up to Ali'i Drive without the Adjacent Properties first constructing their own access roads to intersect with Ali'i Drive. This request to defer access over the Connector Roadway until the Adjoining Properties develop their own connection to Ali'i Drive is reasonable. This request is rooted in the terms of the Development Agreement that Oceanside and the County executed on April 20, 1998, specifically Paragraph 16, which provided that Oceanside would only provide these future connections to the adjoining properties "in conjunction with the completion of subdivision improvements on adjacent Property"'. Nowhere was it ever contemplated that Oceanside's connection to Ali'i Drive would serve as the primary access point for all adjoining properties to Ali'i Drive. Oceanside has also discussed the proposed amendment to Condition M with the owners of the Adjoining Properties. The owner of the property along the northern boundary of the Connector Roadway(Ackerman Ranch, Inc.) agrees with and supports the intent of this amendment as proposed. As a result, Ackerman Ranch, Inc. provided Oceanside with the enclosed landowner authorization agreeing to allow Oceanside to file the proposed amendment to keep the Connector Roadway private. Alternatively, despite Oceanside's best efforts, Oceanside was unable to obtain the same support from the owner of the property along the southern boundary of the Connector Roadway (C & J Coupe Family LTD Partnership) ("Coupe"). Unfortunately, this is not the first time that Oceanside was unable to reach an agreement with Coupe. As many will recall, Oceanside was required by Ord. 96-8, Condition L(2) to acquire the lands needed to fund and construct an extension of Ali'i Drive between Keauhou and Captain Cook. While Oceanside successfully acquired a majority of the lands needed to construct the Ali'i Drive extension, Oceanside spent approximately 3 years in good faith trying to negotiate a sale of a few acres of Coupe land needed to complete the roadway alignment to Captain Cook. Negotiations reached an impasse in 2000, which ultimately forced Oceanside to defer to the County's condemnation action, as allowed under Ord. 96-8, Condition L(2). Coupe proceeded to file ligation against the County 6 Development Agreement dated April 20, 1998,executed by 1250 Oceanside Partners and the County of Hawaii, recorded in the State of Hawaii Bureau of Conveyances as Document No. 98-060529. (See attached "Exhibit 5") Paragraph 16 of the Development Agreement dated April 20, 1998 specifically states in whole the following: "Roadway Stub-outs. OCEANSIDE shall provide Roadway Stub-outs,generally shown in Exhibit"Q",to provide future connections between the Property and its adjacent north and south boundaries. Such Roadway Stub-outs shall be constructed in phases and in conjunction with the completion of subdivision improvements on adjacent Property." 4888-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 8 arguing an unfair taking, while arguing among other things, that the lands sought by the County through condemnation was solely for Oceanside's benefit, rather for a genuine public purpose. Fortunately, the County's public purpose position prevailed in the lower courts, and after Coupe took its litigation all the way to the U.S. Supreme Court after failing in the lower courts, the U.S. Supreme Court denied the request to hear the case. The remaining southern segment of the Ali'i Drive extension through the former Coupe lands was finally opened to the public in 2016, some 19 years later after the Oceanside initially met with Coupe to negotiate the sale of the necessary roadway alignment. The net effect of Coupe's actions effectively resulted in delaying a much-needed secondary roadway intended to alleviate traffic along Mamalahoa Highway for the community for many years. Ironically, Coupe is now asserting that the current Oceanside request to amend Condition M of Ord. 96-8 to keep the interior Connector Roadway private is now somehow depriving the community of a community benefit, and negatively affects the community at large, which is factually untrue. Unfortunately, Coupe is again uninterested in coming to a reasonable compromise on this issue despite the overwhelming will of the community, as expressed through the KCDP, that less urban development on agricultural land is desirable. As such, the need for another County dedicable roadway that only serves to encourage more dense development is contrary to the objectives of the community. Based on the reasons listed above, Oceanside respectfully requests approval of this request for the proposed deletion of Condition M of Ord. 96-8, and substitution with the following revised Condition M (additions are underlined; deletions are bracketed): Condition M. All roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii[.], with the exception of the private Connector Roadway described in Condition L.5, specifically located at TMK: (3) 8-1-004: 070 (por.) and 8-1-030:055 (the "Connector Roadway"). The owner of the Connector Roadway, and its successors and assigns, shall execute and record in the State of Hawai'i Bureau of Conveyances ("Bureau") perpetual, non-exclusive grants of vehicular and pedestrian access easements (the "Grants") in a form acceptable to the owner, running with the land of the adjacent properties to the north and south of the Connector Roadway("Adjacent Properties"), as shown on "Exhibit C". The exercise of such vehicular and pedestrian access rights in favor of the adjacent properties shall be contingent upon completion of the following actions by the owners of each of the Adjacent Properties: 1) recordation in the Bureau of reciprocal grants of vehicular and pedestrian easements by the owners of the Adjacent Properties over their project roadways to the Connector Roadway benefitting the Hokuli'a Project, and 2) completion of construction and opening for vehicular travel of roadways within the Adjacent Properties connecting to intersections with Ali'i Drive." Finally, we have included with this request the following to complete our submittal: 1. Fee Owner's Letter of Authorization from Oceanside and the owner of TMK: (3) 7-9- 012:004 (Ackerman Ranch, Inc.); 4888-3477-2809.7.071732-00001 Planning Director Zendo Kern Page 9 2. List of surrounding property owners within 1,000 feet from the Project boundary, including all property within the boundaries of Ord. 96-8; and If you have any questions regarding this request or if you require additional information, please feel free to contact me or my paralegal Jason Knable at (808) 935-6644 at any time. Thank you for your assistance with this request. Sincerely, Steven S.C. Lim SSL/jkkl cc: 1250 Oceanside, LLC 4888-3477-2509.7.071732-00001 II �,-. 4--,'.. WI ZS': .1 .111P. . fit 1. A410 . r....k. Ili iii. v IL,. „iiiiito° \4+4 lit , s .k Ilki: sir_fi 051,,T0' 1// kititilki, - . A I ',,,. iii '-eivi .,,..14,1v , V , .,.„,, . N IN 111 . lk ' '' A win ,., imp I� la',..:, ..t...,,,o.,-.._ ., . t _ � ,'1stl11 ,.s__:._.---roc," * P� pis r�II So ' - '1 ■ 11;-I C. '. rte .r 4 t, %Ili III opi sit ti tt tAs, I L11 401 t rR..- 'iik +' 1 up ' se t I k \ 11. i 1111 iiL - P , ,,_ .. .t Ali'i Drive �r.� Haleki'i Street Rte, A5i. ,-. ;► 1111 r 1 v . r y \ th. , ._,,,,,__:, , i , ,/ ._, __---- ' 2 4._,1: 4.1 is a. i ' . i1114011"A' la y "silLi' IL'------''''' .--.'-''..-\ r. !6 . ' ' -_ kI L------------1-1-:' .-ti wi 111 a )(-- ' , . Illi Ali �,_._..!` _ 1 l,y ',v .1 11 ! 7 -�,`"�. lam, wiitir 4 go _ Hokulia Project Area Ackerman Ranch Lands Approx.Area Rezoned by Ord. 96-8 "Exhibit 1" 1250 Oceanside COUNTY OF HAWAII STATE OF HAWAII BILL NO. 181 (Draft 6) ORDINANCE NO. 96 8 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND UNPLANNED (U)TO AGRICULTURAL (A-1a) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST,NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-I-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87, 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 Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 1: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions, being also a point on the division between North and South Kona, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by azimuths measured clockwise from True South: 1. 71° 45' 902.30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of CommiSsirn .rc fnr Fnraian Miccinnc to a point; 152° 14' 1,055.02 feet along 865 to Joh "Exhibit 2" Thence, for the next seven(7)courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3. 251a 23' 30" 224.69 feet to a point; 4. 250° 35' 58.35 feet to a point; 5. 255° 17' 131.07 feet to a point; 6. 240° 43' 26.91 feet to a point; 7. 257° 50' 172.57 feet to a point; 8. 243° 13' 30" 21.91 feet to a point; 9. 256° 57' 98.95 feet to a point; Thence, for the next twelve (12)courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo: 10. 338° 17' 30" 158.36 feet to a point; 11. 257° 24' 102.95 feet to a point; 12. 255° 40' 30" 171.35 feet to a point; 13. 261° 29' 101.46 feet to a point; 14. 346° 30' 30" 54.40 feet to a point; 15. 343° 21' 30" 152.40 feet to a point; 16. 346° 20' 165.46 feet to a point; 17. 343° 29' 30" 80.88 feet to a point; 18. 357° 13' 57.51 feet to a point; 19. 345° 53' 30" 154.41 feet to a point; 20. 333° 53' 114.71 feet to a point; 21. 345° 43' 43.78 feet to the point of beginning and containing an area of 22.251 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A"). The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanaueue 1st and 2nd,North Kona, Hawaii,shall be Agricultural (A-la): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 1. 172° 44' 35.46 feet to a point; 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251° 15' 39.58 feet to a point; 5. 259° 25' 18.68 feet to a point; 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271° 10' 30" 50.61 feet to a point; 12. 261° 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262° 38' 30.23 feet to a point; 15. 258° 17' 37.28 feet to a point; 16. 254° 45' 21.32 feet to a point; -3- 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 21.89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° 07' 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; 23. 250° 03' 30" 91.17 feet to a point; 24. 257° 28' 88.18 feet to a point; 25. 253° 37' 30" 14.36 feet to a point; 26. 271° 49' 7.86 feet to a point; 27. 243° 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; 30. 265° 31' 13.70 feet to a point; 31. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259° 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259° 49' 30" 85.74 feet to a point; 37. 266° 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 272° 05' 60.95 feet to a point; 40. 269° 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; -4- 43. 272° 21' 30" 28.45 feet to a point; 44. 277° 12' 46.47 feet to a point; 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; 50. 261° 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' 166.66 feet to a point; 55. 261° 47' 108.98 feet to a point; 56. 243° 34' 33.10 feet to a point; 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262° 59' 118.99 feet to a point; 60. 256° 19' 39.78 feet to a point; 61. 262° 44' 82.08 feet to a point; 62. 267° 50' 34.11 feet to a point; 63. 265° 25' 63.09 feet to a point; 64. 273° 36' 30" 112.92 feet to a point; 65. 268° 50' 151.03 feet to a point; 66. 274° 59' 30" 35.27 feet to a point; 67. 268° 30' 30" 48.40 feet to a point; -5- Thence, for the next three (3)courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makahiki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven(7)courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73. 333° 41' 55.11 feet to a point; 74. 341° 52' 42.41 feet to a point; 75. 350° 21' 65.77 feet to a point; 76. 357° 11' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten(10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81. 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83. 356° 37' 108.84 feet to a point; 84. 358° 09' 110.66 feet to a point; 85. 6° 27' 30" 75.31 feet to a point; -6- 86. 357° 30' 30" 143.26 feet to a point; 87. 8° 45' 30" 30.57 feet to a point; 88. 359° 52' 108.27 feet to a point; 89. 265° 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight (8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90. 357° 33' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point; 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; 96. 329° 39' 30" 32.22 feet to a point; 97. 326° 06' 51.01 feet to a point; 98. 324° 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; -7- 104. 79° 49' 199.I7 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23)courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105. 82° 05' 30" 51.64 feet to a point; 106. 83° 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91° 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; 111. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; 113. 268° 21' 280.72 feet to a point; 114. 259° 47' 379.67 feet to a point; 115. 260° 53' 149.26 feet to a point; 116. 259° 07' 153.59 feet to a point; 117. 266° 02' 30" 90.63 feet to a point; 118. 250° 32' 115.64 feet to a point; 119. 240° 54' 54.22 feet to a point; 120. 246° 41' 140.89 feet to a point; 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; 123. 245° 12' 30" 66.16 feet to a point; 124. 257° 45' 30" 34.33 feet to a point; 125. 239° 59' 72.54 feet to a point; 126. 250° 39' 30" 70.76 feet to a point; -8- 127. 246° 08' 111.93 feet to a point; 128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four(4) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions: 129. 64° 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.78 feet to a point; 133. 154° 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet,the chord azimuth and distance being: 138. 149° 59' 30" 473.03 feet to a point; 139. 163° 16' 839.35 feet along the remainders of Grant 1463 to Keawe,Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; -9- Thence, for the next three (3) courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244° 12' 628.00 feet to a point; 26. 330° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona to a point; 30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old railroad: 31. 353° 25' 54.23 feet to a point; 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa to a point; Thence, for the next six (6) courses following along the remainder of Grant 1175 to Nakauwaa: 36. 350° 55' 30" 47.80 feet to a point; -16- 37. 260° 45' 8.34 feet to a point; Thence, for the next four(4)courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. 1° 03' 30" 50.75 feet to a point; 40. 4° 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four(4)courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to 11. N. Greenwell to a point; Thence, for the next twenty-six (26) courses following along the remainder of Grant 787 to H.N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten(10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340° 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342° 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332° 23' 82.87 feet to a point; 53. 324° 00' 11.13 feet to a point; 54. 332° 36' 30" 113.50 feet to a point; -17- 55. 347° 43' 24.68 feet to a point; Thence, for the next four(4)courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 344° 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6) courses following along middle of stonewall: 61. 341° 48' 30" 54.25 feet to a point; 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 111.89 feet to a point; 65. 325° 21' 106.90 feet to a point; 66. 62° 18' 30" 29.22 feet to a point; Thence, for the next three (3) courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337° 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point; Thence, for the next seven(7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146,Land Commission Award 8452 to A. Keohokalole: 71. 338° 26' 168.87 feet to a point; 72. 337° 34' 153.12 feet to a point; -18- 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof(herein after referred to as "subject property"). SECTION 3. 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; (B) The effective date of the rezoning shall be upon: (1) the execution of an agreement, between the applicant,Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty(180) days from the effective date of this ordinance; provided that a maximum ninety(90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty(180)days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within four(4) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five(5)years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, -19- Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (H) A final comprehensive public access plan. to be developed in consultation with comm'init,. luetwt, 3hal)te _lhmittrd to and apps ed by tkilwning Diic,;tor u�tiu -20- to final subdivision approvaL or any iand_alteration activity.whichever comes first. The final comprehensive public access plan shall bedevelow in consultation with the ?lannino Director and the Department of Land and NaturaLResources and shall include mauka-makai and lateraLshoreline accesses.parking area(s). signage. - ll- 1 ••• - •1 .• - C '01 (- .• 1 IA • • • *• 1 • •• 1 e_ t - SSU t LSO • . a - • • 1 c l! l" • I 11 • • - U - 1 [The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No. 345 issued to the applicant on November 5, 1993]; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits(e.g., Conservation District Use Approval, Special Management Area Use Permit, etc.); provided, further, that the applicant shall be responsible to comply with the following terms and conditions: [(1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345,subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources, prior to Final Subdivision Approval, or any land alteration activity, whichever comes first;] (.[(2)] An area comprising twenty-five percent(25%)of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof,shall be developed and improved by the applicant or its agent in phases within five(5)years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; [(3) No more than a total land area of twelve(12) acres shall be permitted to be constructed, operated and maintained as part of the applicant's golf course, approved as Use Permit No. 115, and included within the coastline park or the existing conservation district lands;] x[(4)1 [A] Upon Qp€ningjhe first phase of the park areaa minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents,guests, and employees within the subject property and the applicant's adjacent lands at the -21- principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike. The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and (.3)[(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s) to interpretive trail system(s)and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (I) Prior to final approval of a small lot subdivision plat within the subject property,the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of[the] its privately owned coastline park and trails; provided,that restrictions [in accordance with Chapter 115, Hawaii Revised Statutes,] will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the] coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway, trail or other rights-of-way. which are deemed public highways or trails as defined in Chapter 264_Hawaii Rnised_Statutc ; (J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; -22- (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to,the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es)to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass [road as shown in Exhibit "C",J between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment[within the Phase Two portion] of the Mamalahoa Highway Bypass [road],the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit"C",] in its entirety between the approximate vicinity of Keauhsnd Captain Coop, consisting of two lanes with sufficient right-of-way for a total of four lanes. provided further that the section of the Mamalahoa Highway Bypass between_Keauhou and Haleki'i Street shall be completed and available -23- for public use prior to the occupancy of any dwelling unit within the entire project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit"B°, which phasing of improvements shall be approved by the Department of Public Works. [A] If. before the completion and ()ming of the entire Mamalahoa highway Bypass.a portion di said bypass is completed and opened. and said portion provides a connection to Haleki'i Street. a,barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements, [prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion[the Phase 1 section ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa, Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and [(6)] provide roadway stub-outs, generally shown in Exhibit "Be,to provide future connections between the subject property, [the Alii Highway, and southern extensions there from;] and the adjacent properties to the north and 5outli; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and]standards set forth by the Department of Public Works for Alii Highway with_such modifications as may be deemed necessary by the Department of Public Works, The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to -24- reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials,pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser,connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C",meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road,meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;] -25- (M)[(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] County of Hawaii; (N)[O)] To ensure that the Goals and Policies of the Recreational EIement of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (Q)[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; [(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; [(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable, foliage, and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: -26- (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; [(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot;provided that this shall not preclude the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; [(T)] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire,police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index(HCPI).The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size shall be based on a maximum density for each Iot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities, or -27- any combination thereof shall have a maximum combined value of$ 4,701,205.74. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities related to park, fire,police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ] The applicant shalimake its.fair share contribution to mitigate the potential regional impacts of the subiect prope y with respectto parks and recreation . fire. police. solid waste disposal facilities.and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be ided by the amounts allocated hereinbelow for eacksuch los, and shall become due 'I payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments. the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution for each lot. except for lots larger than ten acres in size or which are committed exclusively for golfcourse and_park purposes.shall be based on the maximum allowable density of building sites as determined by the zoning of such lot. 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$7.239.16 per lot Based upon the applicant's representation of intent to subdivide and develop up to 400 lots.the indicated total fair share contribution is$2.895.664.0_1_however.the total amount shall be increased or reduced in_proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. The fair share contribution shall be allocated as follows; 11� $3.490.85 per lot, for an indicated total of 51,396 340.00 to the County to support park_and recreational improvements and facilities; -28- $1fl1L40.erlot. fur • . , I LI • .• • s •pQLI police facilities; f 7�, . n f 1Q1,121 AZ indicated total 1.31,044.Q4 to the +�`12un+Z_ to I..upgun fire facilities; 145 2 p 't_Iet. for an indicahsi ictal of 558.248.90 to the County to support solid waste facilities; 51.E $3.101.68 per lot. for anindicated total of 51240,672.00 to the State or County to support roaclind traffic introvQjcnts, The fair share contributions described above shallbe adjusted annually beginning three years after the effective date of this ordinance_basal on the percentage change in the Honolulu Consumer Price Index(1-HCPI2. Inlieu of paying the fair share contribution_the applicant may construct improvementefacilities related to parks and recreation. fire.police. solid waste disposaLfacilities.and roads within the region imp v&d b the propo d deveic m L,ubject to the approval of th€planning director. The cost of constructing the improvements required in Conditions H. K and L shall be credited against the sum specified in Condition R(1)for parks and recreation. Condition R(4)for solid waste facilities.and in Condition R(5) for road and traffic improvements. For purposes of administering Condition R. the value of land contributed or the cost of any improvements respired or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director.upon consultation with the appropriate agencies. [(U) The Applicant shall conform,to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject property; ] [(T)] In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; -29- [(W)] Comply with all applicable laws,rules, regulations and requirements, including those of the Department of Health, Fire,and the Department of Water Supply; [(X)] 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; MIRY)] 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, JW)[(Z)] 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 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 -30- Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet, the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A") SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 3: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit II (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 2. 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii)to a point; 4. 266° 28' 187.31 feet along Lot 3 (Government Land - County of Hawaii) to a point; -10- Thence, for the next eleven(11)courses following along middle of stonewall: 5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee Estates(File Plan 2087)and along the remainder of Grant 977 to Panaunau to a point; 6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates(File Plan 2087)and along the remainder of Grant 977 to Panaunau to a point; 7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 8 91° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File Plan 2087)and along the remainder of Grant 977 to Panaunau to a point; 9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; Thence, for the next four(4) courses following along Grant 866 to Kapule: 10. 86° 02' 30" 309.93 feet along Lot 2 to a point; 11. 80° 19' 207.35 feet along Lot 1 to a point; 12. 75* 14' 183.86 feet along Lot 1 to a point; 13. 79° 02' 674.13 feet along Lot 1 to a point; 14. 177° 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 15. 75° 14' 1,338.05 feet along Grant 977 to Panaunau to a point; 16. 150° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251° 45' 902.30 feet along Grant 865 to John Nakookoo to a point; -11- Thence, for the next thirty-six(36)courses following along middle of stonewall and along Grant 865 to John Nakookoo: 18. 250° 02' 30" 41.72 feet to a point; 19. 238° 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253° 29' 121.82 feet to a point; 22. 257° 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to a point; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 110.46 feet to a point; 28. 258° 29' 24.30 feet to a point; 29. 274° 56' 30" 31.91 feet to a point; 30. 260° 18' 30" 148.31 feet to a point; 31. 253° 43' 47.09 feet to a point; 32. 243° 21' 30" 89.60 feet to a point; 33. 263° 53' 30" 70.49 feet to a point; 34. 254° 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241° 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point; 40. 216° 24' 30" 55.73 feet to a point; 41. 238° 55' 30" 27.24 feet to a point; -12- 42. 255° 23' 30" 29.74 feet to a point; 43. 271° 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271° 04' 85.71 feet to a point; 47. 277° 42' 30" 71.32 feet to a point; 48. 269° 46' 21.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pacel 3 as shown on Exhibit"A") The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st,2nd, and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-la): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze,the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78* 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; Thence, for the next three (3)courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: -13- 3. 203° 12' 488.09 feet to a point; Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth and distance being: 4. I72° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell,and Grant 1576 to Lohi on a curve to the right with a radius of 1,13 0.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645.00 feet,the chord azimuth and distance being: 8. 183 C. 07' 311.35 feet to a point; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to Ialua to a point; Thence, following along the remainders of Grant 1464 to Ialua and Grant 1175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 411.07 feet to a point; 11. 203° 03' 162.63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to Kamakahiona on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: I2. 186° 42' 30" 362.96 feet to a point; -14- 13. 170° 22' 60.05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705.00 feet,the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five(5)courses following along the remainder of Grant 1176 to Kini: 15. 202° 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet,the chord azimuth and distance being: 16. 157° 02' 42.43 feet to a point; 17. 112° 02' 85.32 feet to a point; Thence, following on a curve to the left with a radius of 645.00 feet,the chord azimuth and distance being: 18. 97° 14' 329.53 feet to a point; 19. 82° 26' 397.26 feet to a point; Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387,Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 20. 118° 34' 831.43 feet to a point; 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; -15- (5) should the Applicant require an additional extension of time,the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion,the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: Laiisos JIA0144.41.8400406:8 COUNCIL MEMBER,COUNTY OF All Hilo, Hawaii Date of Introduction: December 15, 1995 Date of 1st Reading: December 15, 1995 Date of 2nd Reading: January 3 , 1996 Effective Date: January 15, 1996 A7PROVED as to and OA.2.1TY D CO2PO"ATICN COUNSEL COUNTY OF HAWAII Date...�/�//ru -31- f I I Il1 i d •i 3 i 3 I t i ; !' la : 43r t=. •i•• II! B 1 ; ' ztiiiIiiri = tl;Itj � iiilli . /I I��i�! a a s I s : ' i f t r PIP 11- i�3 ' r t3 itilja I iii " ft ' iis } iij : t'itis i'; ;' i11 I _ I ! { 1 ) ' ! f�t$l it's ! ; Elias = rye 1 a ias a it .. 0 li r Mgt III I •. T%(1 rllt 111 •oy _...----fT ...—='...-1 7 ! se ...1 # -.f '4.f it: S t / :• i : '` ?• fw / - 1 • • t----- • '•-'\" 111 :. a ----i ' 1 e."1.11.;• .i...:"..r.--:::::,. -cluj = 7 ���— ts es .., ......• •••••••7\ ul �f...____ . Itf •. �r •• b • s �� MII V ;:of:st �" I Mfr -� ` N. -Y11 ••••if'a ,.••.- .t:I. as:iS.� I•.•r.•Y5 n % f+ yHHH 1i '•:Y•ii;i. 1•. 1� '••f fir t / r • i 1!1 l't•r;1:;i• i w.••.:fi•; .• . :':• $I (i A:;i 1•N!•i• • .lam_ % �f -S 1}1 ••. r•• ."2 x \,1\icy •.• i 1 t •Itr .ser :7.... ' i • •,4 ' • A .� a .. IS ��. we t. ^ f u 2 pi — �: — f 1 ..S • 1` ~• n - • ....,11• ,..•.• / 9 • ~~•••• • %• • 1 ►j;r ;jit(":; !:1 Is ; iiii:•• i• r'" •• .•• •. ::; i,h,lt i' " ii • • • f r , ;i • .. aI , • — = �' • n M -' —� � • n , . z 2 1- ..., , o CC = ... I ,_...- ,. . - us (7) 0 _., • _ x z • '' • . . 4 •••• . .) • - '' • •% •-- , i•-• Lu sil - • t • • • • -.-- •• 0 h.. D -1.• - . • ... . ,- • ...... .. , •-N 0 X l'". 7=--1-4-.-.4..1 ' • --I. , U) US U) • '• ' ' /- .. . •• ••••1 t : .. • , 4. - • ..-..,..--•• • .... . .... -•ts , • .. • •- • - . . - . :.....J; - . ---7 . • -- r i i ,,.s.,_ • - -;• !..1,..i. - • .•,.- /A... ., . . 1 • • -->,^f -:-.r..4 ._.i .. ., . , -Lte .. ... _ • ., ••,= , . • . . f ••,., • • .--..',.- ,, •..-. , .,,,hi•i•Ni„,,-,...v ,•• .. , ,...,. i il AL• t- :or-4 ( • ..._ ': ; . • • 1- n. ;7, i'..I:fi' -:r• s ti -' )Z*. „ .t • • -1'' - -- • 1 n. \ \ \‘.•-.',' . / 1 -•-nz:--''.) . t ,e .f.,: ••\ :t.-Irta f",;, . I. .. ,, 1 .• -4-11 i- Il . •/ (7---Pig• 1 • .. % ‘,...7-f• ,sir,‘,:;•, - •:.- ,.._, “ •";* : . I- S --. [ ... g i).\d . , . "' ( r4-- .„•ii-,4 .• Irtiv-4..:: irk. : „•• . _. ... •-- -- t . i • • .t. .0f. iip .._ • , • , 77. . I, t 1 •,A ......, 03 =-x . i(:fi).,.•*, '!"/. / - ? ../.')•,* i ..,- . 4/ ,i• ) •Iii f.' ' i k -) ;, A , • --' 1- •;.- -- -i.mga3;f1P"-.1,...• 1 ,-; u,... ,s-• _, \,.I. 1 , •t 1, M 0 1/4.."11(Y.r." fi/ 74171er),A,;57';',.--,-,,,:7" - . rer...-„--Ar,- .:,i,•: i•/,,.0;1,, .A .., , . f:>,. • rf4,,,ti,., - .......,-4.1,,,,,,,, , ----yi .'" -4•41 ( , . _ -" - --- 4 i'''Z..I'''t '.&Y - - • ? •• :441:: ,tZ•k. , I." I ••./ 1 1. 4. ''''": ' . \. 1‘ .y. ., . .1,1 . :•!, .../ ..--', -, ItN.,. .1,.1 _ 1 ..... ,ill pli, Ii,,,,307,1 •,'.."!ilb -_, cli!ilit d-Ii.)11 \f)6 R(.• ,•:,-. 4. . '• •i . s"• .2ii .,A,\.-ilmdifaii-i ,•-,::-...,:, i 'Li ? •• •'It;. i;0412.'\.8-1.. '''' VI q(1740 R/Pd,ird If, \Vagtekgrsa.447- 4.. .,,,,IAtro A1,411t4c---,f,' # ; ,,,_ ;.• 4 illi, 11,v)))n),r u., .*,, ;viismr.glitt,/4FALIviv,,...7.;• .,Isig.1 44 i4,,., .i rp 1, Al-•, • 444 .. ;Irfilii"Wirer•1 gaPc:'-""- 1-'•;•-•9::', :i`"417.4. 0, 111,41t-iii>:15 V1.4S1 , ,, .VB Al PINIF.it7-••,... -..7;42, ,,, „:„.,-,14-i; 1 4 0 tl ,,tr';' , -41,, ., ITP,Ii•-• Jo:r..i OPP.- • ffitilet--. tY Att.'._,VA,•,r,, f t), :1 ' • , % '.-j ),l'IPAJ ej,tcf'4.,;,"'- f.):4•1)C'S;I 1-P'3 • : < 4411 Ili ifi,'Olyr illa t . V', ,4‘.13111,Tei•to.-:.... .F --liir. ,,. p def .,.,iiis .,, ,,,,, I s, ,. t al;, ,...s.T. ...Igo%:Agee 1.Ir: q. •,t•f ;.64.iii? .i)„ _I Ai, , . ea .,'', r*:-/-•‘--Iiiibi V.01 It. A9;p ' Nr--A1,-,,. i_ -.,_,_ wi,vid- yAi-' v., . . ) 1 _ - 3 ri/j fijetiltrr 116t1 cZlit a litV 1•El w a pirit,,5.,. 11,46-,..4k, , ., , .. w ,-.:.rr -- '4114k...14 :,---0•17‘ ,rf , , , ---,, _I-N-p, ; !,....,,,_.•,=.44,i,Arititit0 -- a\ 1 • CI * ••••%''X'11.• :IVO -II,. t •••••• - --' .,:„t'''' LU /..---• . --- 4,..ft..‘, in. Aiii4)$ '7,. CC" ., . 1yrfA4./Eligt••_' ' ,A, '41... ''ec. •'.‘-'-..." 1, i %;Vi;4•)14-1-tr. _J.- 7 ,...1. . .z.,..,-,_. ,..v.. I. 13)14/4tijk0f," .r. ...4.i)..) . I ti. fr ' .044iiV, ‘,;iip;T . ,-; . )FA-.\‘‘•\• !.% ...0.. ) • ffi. dr ir, :1,, -.. •1.8, 1.1, fiii , ..i . . %, . -J.. ,' - ,, , .. , ,.., ‘,... 1 ill II raV'4- :.;,"/>ire' .1 % 7 *2 ( . '. . ,- 41r • • ' ^?. ti,; *1:1 •,._.,tx ,f ' t.I. '41-iw i 4* %.ID: ,. -, '''''.... .••.... • 1, ...17, r ,4 . , • ,, , ..•,.. c,,, A ',.; ' • % l" ) 1 i'- r_ v z. .c..-.•; ,,,,,• ,81- - --1.a,-.; :171i. • 1 - ._ -.•l• i :( .-.--.-...vg,'„,..7f,,;,,,-...4;_-:-....:4.iiit.a:•17,:zittil . ..I.Llir - it ,..;-or.F.0),I.,' . - • z 7 .••• - , '.' 1 1 !) , t ) •c • 4-1.''-' .4:41PP.V#11s, ,,-,04,, 4,,, •fi , • ..., •,•;•;•k r • i';#4")?..11. ' 'f 4.: . •.' • • •'.!"''r'F'-i.• ' .'. \''' ' ;‘-:IVj..47•M.1- IEV Milit' ' --•ft Y •I,- . ."_,..- . •e;f; - 13., .. It • rgivisr,,Z4.,;-:-...,-..-zi,pr,,,,* N -L 7.7 _ r 1 . •I•.. "eirg ,,‘VI Nti.. . 4. t../..‘ .11. ;47/ , .. li .. I. ; ,i , i . ,-7-- __ ).- i \kiiril.AVvil Pli `.,,t. •r'.. -5. t/ -.'"-- V .. ;r •.. ,- '1-1• , -,-.L.Evi.,T1.--As,N, 41.. :\ )2,-k?,, --7/;.1 ,.-•-.,(1-84 i-,)--- , 1:4--,4"--5".; N•V.--,- "i. I v..::";•••1/4 . .. ,:',.„ r i , if' ..}P'• ; • ::i. ." ' :ft- '481`• ',:- , 0 ' *. :1' . !`. ']IT.•i - ' .• iff:- t) N * • - .- -- --- • / i''' ;V. ' ---;•• -. . 4 ..,,•••• --".• ....i ., ......'j•, WI AF-• i- • k ' • ; 4.0 1 . ,.. 41,..,„ .f',3,'',,.t )410' .. e . • ....,,___:-- -. -, •• ,-.:;-...• ' t . , , .• : 1 ... - J _ r• - • • ' ••-f-- . , y . . ! i .. :••••• 2 - l..... *a16,45-410 •• - - 1.:-', • • . , -I- '-ft-iNft of "egiiii ' ' • I / .. . ! I .. :.„z__ _,...., ' 4. __-•,, - - • i " •' • coo 9 . .-c,-,••••-1.,,,' oar_ .. •?,:... .. \ tr.. - ,,,i,,, .....- .!•••,..441** . ‘• , i• „. , . -- ., -: :----,...,,..1 L. . . . i .. , ., 4. •„. .. ._ . i I . . , . . . ; N•. , •7---y. , .:.•••. • • . (n , ;is. v.: • .",,,..„.. Ir. -.... 11 • -.....,. •4--•-,._ • r ....,.. . 4, 1 ' .) '1 :: 1••••• t7 , -.24, 4140-717-. .7"(111 I:, - .. . •t • , 7,-i --!•••,.• i' ,i:.•...4 ., .0. e. ... ,0'1.- i• , Quts;w2 --sgalk .,.' •.•40 E • ':s•-• • - .--....:.-1.4...`•• ---.---- ..1 ,:t.t.• :1 "--•4.../, ' . .1. .-,•,.... ..:40, N• s, ! - „ . ....+--.`... •a _ . ,• ...? . • (• -1.- 4. , 1\1...77-1-1-'- •L":' '. • , - rt • e 4 if . 0 ,;I 0 ill.' '•• * '• k• ( . 1 .••Y illi A-•.-1..."'• " • ./, '. , 7.••• e.. 'I. ..)4 t....I,1•10401,44.; 0 ca 1: ; 1( ,, ._-_,. .. , •?_.i7 .. • / II' • / I Z .. • • ' •:' : '1,,:: )1 i 7 • -i- - -..,. • - .. t.77,-.,.• •-.:-..i... 1 .674, 0 2 i i -,•:•t\t--- . . . ,,, . , .4..._ • - -,A, -•- . • ,.i.,,,..,( up . - -:. ‘..", • -4, • . ±---J •'• k sm',.. ••' ,i ..,-.„• 1 ,I,,.. , • • •• "• " 1 • • ZIP ii N • • r ' 0 :51 . t, • ;':';-. ,!...„)); urtikift'.•;:•‘. Z; .•-i'd,•it-.: ( ,,- :-••• -4' N 1r-;17.• --4.._.j (80 gif 7 ,....f. , I OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii 'RECrt ,�' L . ' ( D rlfift1)16 FP 7 57 Ji:FICE r cROLL igeity -E COUNTY O,AYSIV41140Es ABS EX Introduced By: Takashi Domingo Arakaki Date Introduced: December 15, 1995 X Bonk-Abramson X First Reading: December 15, 1995 X Published: N/A De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 ( DRAFT 6 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996 aka Returned: January 16, 1996 Ar ' X Effective: January 15, 1996 Bonk-Abramson X Published January 24, 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved EotsVprvved this day of ,19 9'G 4' 0.4 OR,COUNTY t All Bill No.: 181 (Draft 6 ) Reference: C-821/PC-91 Ord.No.: 96 8 8 ` p: -nix: 07-rte '.4'-1-i•_:• 1 • 2 ) 1; U:=N:...1 Jk r ,j':': , wl Oteessomf ,.,........• • .; .. . , L 1.‘" L ,41,;,. - -7.-z-....m. s. )-....?,'. } ( f I . 1.7,34-7, . ic o -4-.1 j. -... • fl.-"-7“ , i • I iii . '/ a " hr •'---N. . ., I I, . 0 ..A .,4. '‘.. . ' „..,.' • C4. ... joh; , Vire. ,.. , , ,i . . ., ; •?t'tliiikg.-4',4..,.--•:......;:::./.;:•-•;:.5 .;{ 1......1;-...::::71,1' t .. . . L.. 4 :a . ! IP..' . ..2'. bw4311 Ni ' . Afi!-:•.:, .. *II '\- . ...-. - „ :...- - : ' -4-'1741\1%,,. .4ETC„q. x„, ...., ,• r”...,........L., .t . :, ....,-., Ora ` • i ' 1 ' J' ' t I/ it! i -i/. •,app ' . O e — ! ; -� 1141 � j •_. • I • . •. i •. /� _ .1�. • ! ~ l , 1 , !•mss y ‘.... { �l r r f f eil`�:, �V �:cn. �� / ..4'_ +ice-( j •1 . �� • v,... i ...,,P./ , IT 7 . i f...:..i., \ :-..,\TA'at. _.://ratatf;:e.s.....4t:,:;••• 1 411. 1 I ''• - ., .( irt-',• ;:-.) , -I'? . i `-ohi ,d/ A 4 itrilW igiriliti.4:4*:. '•‘: t. / 1 i .• .....' • ''-- -... r icii : 4.S.r.- 17 ;;::::.'CT:i i; ( -4,tit4 v--; ._,..,;-,--70-,,iir-'• - -vdr- artIELN-dr i, ) 4,,,. , ;,,,„ ..,,, ... . ,,.... , (it ..,. . . • 4,, v., )..... ?v, - .1 \i:.3; •-••'?; • c,ift 144...' 70 - ' `- '� • _et,'>. .,,,;.:‘,.1rii 1• �R `!g �`"'i'a47� 2Pji l / • 1"-174^,;,,`1 ti 114 lir!$ I ;/vi-ge,:tf_.2.,e* :1,, .... -/,:it:14:41:1Tijr 431.Me,1'-.ao . irklle51,,pig, „INA Wrimpla Ayr.- '.,,,. ,--2.,..7.•- „,r- , (4 ,3,. ,,,,e,„,...„. . ...-...t. *,.... 0— vvii---- :-:,-pivivil . _j- l , ( l eiA 1.��-' .�LI p• r J�1•�`4� .S 1.. Yr ,;l(1 , , -i. fej,,,,kwi,--..,.,..,:;;;.:,;., ;,i . .4•Ataltefit-- AO,viii ....i.k., 112.4617;An e•:..,,,,,,7 ' : - c.:' 4,-r. : h.. i.„.142',...".-.i...Sif..ij. •-,'•..zr- -.MI6 V/ ",..13,.-1 igt•FA -'4.c•rit#11.71(( .' ''' i. /*Iji . 7:_f2:!- '4'''' .,-;0-,;t4g,... .,, ,,,t.....16ortimuivivk, IT V".,,-,„,-* - I nf i)1,ifi M '41 ' ‘1, ,e;-=.4ree/A,,'irlajtr. ;.,•:' ,1r,kiki&.:41. ' '' . ‘. I t!r0,'. ,-if (1.-k*,\Li_tr N • �!h•1.. i C .�- t-t7 , 1 4`.T[gi -t-t 1}, ',a.;, •{ r /syp* �i\ ' ,�i1 ,,',- i i 0_ ,-- 41:i7Viiiiht,V- ;:-d-/ ---''' - (,k '. -11y,110,' 0 p .. , ;Sf .."l� ;"' a4 rr �i ;�tf�l.(� !.;/��• II ,� 1I!P� Rill j;,, ' t�� 1',, S t (.../ ..1 , 1 r' rlk ;i,4 J,� .�- •••-\, \ \ '�,�;. 74 x 1 q co ' ...'.t. f 4.14V. mi., --- —s '' ;!'' C' :‘ J /// � 1 C 0 .i4 11 , • ti . z Exhibit 2" CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMITH.COM SLIM@CARLSMITH.COM August 10, 2022 VIA HAND DELIVERY Zendo Kern Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attn: Jeff Dan-ow Re: 2020 to 2022 Annual Progress Report Change of Zone Ordinance 96-7, Condition R Change of Zone Ordinance 96-8, Condition Y Special Management Area 345 Special Management Area Permit No. 356, Condition 13 Special Management Area Permit No. 401, Condition 16 Special Management Area 404 Special Permit No. 07-44, Condition 6 Applicant: 1250 Oceanside, LLC Development: Hokuli'a Tax Map Keys Nos.: 7-9-006:001, 7-9-012: Portions of 003, 004, and 005, and 8-1-004: Portion of 003 Dear Mr. Kern: On behalf of our client, 1250 Oceanside LLC ("1250"), we hereby submit the enclosed 2020 to 2020 Annual Progress Report covering all the County entitlements relating to the Hokuli'a project(the "Project") that require the filing of an annual report. The last comprehensive annual progress report addressing the Hokuli'a entitlements was provided to the County in 2020. We apologize for this oversight and 1250 will timely file the annual progress reports going forward. Very little has changed since our last report in 2020, however, we have enclosed a set of matrices that outline the various conditions of approval for the above referenced entitlements and 1250's status of compliance with the stated conditions of approval. You will note that we have not included matrices for SMA Permit No. 402, Special "Exhibit 3" 4888-7398-3527.2 Page 2 Permit No. 1056 and Use Permit No. 115, as we indicated in our last report from 2020 that 1250 has complied with all the required conditions of approval for these entitlements. The status on these permits remain unchanged. We are also enclosing Water Quality Monitoring Reports for 2020 and 2021, which concludes that the Hokuli'a development activity continues to have no discernible impact on water quality. We trust that the information provided satisfies the annual reporting requirements for the Project entitlements. If you require any additional information or clarification about 1250's compliance with the existing Project entitlements,please do not hesitate to contact my paralegal Jason Knable at 808-935-6644 at any time. Sincerely, Steven S.C. Lim Enclosures SSL/jkkl cc: 1250 Oceanside, LLC 4888-7398-3527.2 a) tcl 1•4 F" o H 3 o Y o ``" o F" s �, a) • -0 ° •w • A. U bA p ¢4 a) O o N p;, > U P.YO 0 4• ,.p di) U O O 4 u 4 C O V1 O •O -.-,c C ,. .' •, "0� a) E ¢ teC 0 . i ) 3 U 0.., U 4 O U t+,0 -O . w 0 c Ct '0 bA-0 N 0 ' d O C 0 _VD m"C bAE O .O ¢ .° 1.) -- , G-, O s , V] .-- Y •rA a O U NIU . 0.r9U2 7-9 5 E rN CC 0 U �, Cd 0 U . U Y 5" O a) E, U U ct tri y 1.4 s0. a°i o ami bo ° 15" 0 .8 .Y o .. u P. U ¢ p 2O ¢ N 00 cc c 0 'N 'r, g rte-, Q o 4 •5 •- _. I4> co 3• U 0 m s p •" '�"„ O •O 0 O V] 0 O ^O Y U ,- �lG71I� d E c) u o p ' , ct ct w ,- m .10 a0i N 'aoi ,..= N OOo �y O a O a' .�'1 a 0 0 '' bbA a 8 .U 0 b4 'Z4 0. a • "�" 2 do O U y � .0 0 0 0 Q, ad) x+ c0i a4 �4 cad U 'Ove" -0 Y �' = 9 9 a' U w 30. z. z. O C q ,E O .- ... ,t, i, 0 S� G U U W UH off F. v� �L 3 L.3 U ¢ H H3 � OO (�W - - I - Q• ZIO 1Z, ON A A C.) W W C..) v.-.1 61 6i-CA O Off" a I) o a> a O a acct ° U 0 4 © '+ti O 0� o o v ° o o a o CS, 3 uCC O y w w cd u c) O` ?, ,- C - -0 3U .112 ? " ci, Om v, ,A o ;4 a y c0., w y O O pIIbZ6r " . ' A O UUU dC at iceNVO v - O N\O C i- w . 0 ° 5ma aQ,-o aai 0 .r, • Cl. cd o .-' a d v, Q a CC bbq tO N cct +moi o ct Q"',v, Y /]O y 0 .a to cd O 0C- U O - 2•3 • O `"• 0 ,-0 cd >., bA' dU > OO pv, vc - '0 •= CO) U O U m 4" Y r, 'e U 0 U C Oi Oi N `' = N w0 U" c O p., cOd - o N U :" a. O U �,P-i ^� �/ d U W p U w U a' ;- y U U U a) O v, O O v aUi ¢ 0, >, 5 2 5 U -o 0 ..•y., L1..-r• a. C-, 0 0 o ... L 0 — 'O N C c y 0 0 0 4 i" 4 U O Ni O U H 3 H 3 YO H o ',5-• 3 OU U 'O U O.. o co co N • ¢ Zi L a• a a o -a -d- d 4O O 6 rY +' a '-• N N a) -0 Q N -6 Z .2 to z 1) •o '� °� .a o �- - °J a o 3 'YO O U a 'C w• N cwt Ati -,--i a) N a) a ct 7 O O �O 7 ,1Ci' ' 0, Nt c, -0 ,,' '� v) 'Y OU z • 3 � 30 � �P� Qtt,Qo � � PC) a"i � = a) in cat O • CI y Cy y v. �' 'yam, l� cC .�' Q''P-i O 'J U '� ,.., 0 3 .ct a) 0 —, ap C a) d o o g 5 o o o o op ch -0 it " ,y•1-1 (I) o .— > -a▪ > O o a) N r, a) 5 g 7 9 .0 O a ! I a o -0 a) i) a o . > Y C6 o aai E , d 40 . d 0 fl a) a� 5 3 0 a lal,, Q O - j, o 0 ct ,� o ..y ] NQVc0 .0A- . ,, O o N 't g O O O ) cu O° � 4i ' 3° - +' "O 'L d ' cv cin .-. bA'0 r P, , 717) 0 3 " '4 WWo ¢ a '' g o o a }- PP,Q d isc' c Uy E WWN O Cr; a, i-Q a aa ,▪ -0 -0 -0 a a) o > a = eva) c : 0 ,0 N co kn m -0 aO O t 0 0 0 O -0 V O a3 9, O O V S 4 4 00 .. : U c c c c O H oQ, i <C C/ C/ C/] H r+ o ' ct . P, 4-, 4-, P-, cc 4- H H 0. — CI 1 il CI.) ZIO c � ti ONA C.) 47 �i '—, 61r E - a' Q .�. a/1 N o Q ¢„ tO o °' at , a> of a) A� Nf • A O O a) o U o I.°rI > N • 14 t 4 n. 0 o U O an E 4 L y ZCa 0 a V, O 0 a) .--, CI P, E o •3 b 0,. o °�' o r .0 0 p. 0 o O ct N p-"O NZ?� Q o a> a a o P4 C o o O • •iiio N '� 4� .� 70 0 70 a O CV C C 4w C C clO U r/] O C '0 N N r N -r -r0, a, O "d 6 <1.) (-1- ) ro bn K cr; .. O V M p Orn c/ ,�' ,fir +-' y 70 1) .O S rrnn 0 y s ct.", N N 0 "d 'C „V ° ,sP s-, O : • y P-, O V -� 'G er. V 'C S F' V cC 4 P, 0 V P-1 w cl o o =a '5, 7E. 0° s �� > s ,b�y V 3 _o N O p 5 y > O y m ..Vi O y V O •z. C0 0 V V1 > N O > .•= V V V i--�_ co 3 0 �\ •`n V `.�� �' V .� -O .--• vp v, ,- H O s V O, '-':n 3 �, t+: Pte-' •- .0 0 +' C.7 N O O .� V C) •... O •- ° VOOo, bV m O .� -d ) m 8 V o V n A-p = a) oEo - Vo c 0on '" .� o '" c .� o H cn V . rn ° cO Qca No nVc 3 V ) ct co) 0 .p i. . a O cu ,� cD;; — V • it La) _ ct 5 g. O 'C u � u^^ bA ^ tect ' ' � ' bA' c, V 4-1 O W ctr , „, > c> s. V V o7p O. O. O Y 0., a, V y 6 cC O. YE O - ° ^0 - QC7 kV dO ,VP-, VO Q V m u Q QV 'p > ..c •4 Q O iV a , Otoa .6 � V V ,V • - o d- W .G> V O a, s a) _g s-, rn . a) cd a) Vyyoa) O t t p a) Hs- o UH � H 3 -5 H ° ;: 5 -5 -, 3 F- cl 3a F- 5w vn 4 ,,° a r es cel , ,-4 cnZIO= a O O C W o 1-1 H 1-1 •,-, e..) ; A a Ca a A G. 0 0-4 C) azW, C oWz, C O U '^� M O i0. V N O O = U V V 4. bA O b.0 c.) O .9 p Cd ▪ C V O • V V p- z N moi E V V ° P- <- v: s", O 4r O 0) z. V 'y o V 3 ca o UO x > V 7 +�-' :7i, V 'V�' ¢, V 8 ..0 >- V 3 O O V 9 'O ca u 'FF., ,o., V cc „, O C6V6"orn " ct " 0 c � ' O V Qct >, y 4. o bA Y 0,Y0..y ad E y C,4 V �y -- t VJ V V "O +' V 3 V .�. V v Ur ° o ,L EE.' o s 0 s-. Y. oOC a fa., > a gO.o� o • OF o- s2 m � , W CL •U 4 , w V OOO °• VcvUa Via) 0 , � o 'zz ccc 7 V1.4 i. O 7 C .� V cNi O a) V O 1 �' a) p o .',E' cl o U Q 3 2 ¢ n ,' ¢ Q '+. o a N oc N W CL, s s T 0, 01 4 0 0 0 70 0 pct fl) O 0 ct yctV$ aJ '0 , •Y U a) Y C. N V] Si Oa O ° ami cam) E P-, O `� 0 0 U 7:3 0cd c ,_ C f:1-,,� 0. y ° 0modU UY EN/N •3 a. •. J CN • czt o ° .� ; 0 0 ° on o -H ,-, O 0., 0 O cC O ,`' v1 75, cd 11•0 O P plc "° •'0 ••71'1 •E 5, - 53 Y O Y FSI R.c/ • 0., Off'~ p .2 'O u,O 0r; .p 0 ,/) 4 Y 0.I crA cYC O .. P, .)• =,.., �y 0 �,' 'n c3 �, CO) �C 0u ,A ai ai y cc o caa }' ct ,,^ ': CCa O O y ami ami .0 S Py 6 Q p•y a ¢, O a U y• i1 y 0 ,, cC t, y 0 Pr 0,-0 0 C. a, C�, ¢, ° 0 0 0, `—� L1 II..:-, N y0, Q, g xi Y Q, U O u, i^ g, cd Y " •. zt, ,ct y4 �~ + — :t P-, - V HOW0.• Y 4 O U H P, H n F '-c; . H 3 H H P,•� : - I - 1,4 Z °`, A A A �; ;-, . (4 c E 0 O• CCA CA 11 •= ° 6 i. — o •0 -° -C bA _ v.. ct = '� N O 0 ad O ,.y "'� O .� Q 0 'O •° 00A ,1 "�'� 0 y s~ ° " OYy �� ,ayJ i�, sa ¢ "•" 1'� '�" N y" S"' y p cd •7 0 "0 O •—, �' ,_ ,sem' -0 d "O 0 cd ct 'v, U 0 u ,- bq s. v� to cC ° 0 ,-- •cC cd Q x cu •^, Y � Y..y t .5 'C p G> I. t", z0, N -B YO, •`� ca C O n �^ :d N � S", •'" 'O �-1 0 Yy Q, 'C p Ca C. V 00 xA ` CV : ca y ,r 0 c6 •"0 a O Oxi„i L ' Z : v0 iC4, 0 � p V \O N bA •N :d Q p •'C cC O,.= Q : " �^ cC PO yt a) 7 Co 7 o„ C -, F-+ a as r N 2 0 pq S d > 0 3 0 0 A a Q, ��" 1,1 •C� �" O .� R, ,� ,�' ;n `� U 3"; cC .°, ca ,�' Nom-, `i' v� rn p, y V V 3 V o ° ., ct 0° -, •—, Y 0 Y V 0.•.., a� +� + v O +" cd ,.., cd H , F,' , p cC cG ^C' ' O '� ah • O y o Z ° o V°' ate' ,„ �. •- E Y" ° aY' y o • 'G cC , O ,� f C y m A-' '7Ucd s: 0 > w O 0CA - oC> .Y ¢ c cct p _0 o0 = �' Oa „ '_ g g �" RU L ' c+ NO -� i,Pi , cd °• cd .s 0 OU to ti . C'C N Q O ° - v1 C ._ ° o .2 , r - � 0 � Cd G., O .• o o (524 cd a� •— cay -0Cd r .a joY , r- • a • ce Ni CD • CV dQ FO cvO.,•' O 00 U ¢ O C P ° 0 7, Z„ 0 Oby L ..p Ca a ° = IT,: O RO O � 71 Vdcd• ,- Q , 1 r N PM d U C4 U 0. Co ✓ d cC f/) . 'O a ,. P. d U C cd ca N co N T T 0' C' C' 01 4 0 O O O d o " o , E et yo, P ,b y M Y ° O u) cd ms ~• a. U C � Cvp bO yd dyy so O j A~ "C + o ,� , _ O a.) s., y ^O -G . J p-. , s� s., Cd p. 5 0Od 3 O12. Y ,./ N s-, V 'B " g = s., -00 v y y y O .-. m y y O o a F, 0 cA y sO Y P. C � V0 • Vs 0 d3 b -I jp .-" ( r , _- o o cu to ��II U N O v O 4. N yam, i •c[d G- y di bq sYcd, o �". v,'g.r 2 y ° c' ." • }' u O y O O O O. i-+ '"O ° '7 -a,'B y cH .O 0 0 0 �' CA cd C.�� C. y bQ v'IDC V CV Q. (1) 3"' V O U Y �"~"-I .� Cd -� Vl '� •�" d 61 N Cd• Q. N N �0. Y y y Q" II'' E '. O .0 s-, ° "�-. ,9" Cd y 0 .-y '� S. cd l� •Y Y m cn �-. m h., P O TS v y dd . g O CI) o- aE -0 g ° O pp- ot vc y x d G.CO c0 o °.� • U 3 ct ° O 0 •., O Y Y 0. y y 'O Cd s, ct O O Z . ›, y O - _ y �" cd t y l b0 0 CT O O C/a C�-,cA cd �"' `� 'O O. O ¢, y y s, y r=, cd 2 r" aT O Ati O N CQ N y 5 0 Cn -' Q a • V ..-1 y. ° ¢, bt, Y u. .� �+ U N v, H cn ¢, H �i O H N d r--i cd O 0 H Y U f.J O Y V R.. cd v; y HO-0 - I - C4 o O y y 0 o d bb0 czs •'•• y CI ct y O }' UU y — = d" 0c s 1- "" O •. Cr .�.�•. O ,....• ' vrt ' 'O YO 00 `*- 4-- •.�--, to cd .o di v' C ^' CU csd C ,� "C ° y ., cd 4-i "3 y ° •= 5 H Y to O cid cYC 0 Ep., YO _Ly O 3Y-, 01 O 7, 0 O _0 0, • ( 0 3 .0,4-, N L.) 0, a) N v, OC) O di O .- s.. -i "-, :"0 Y 2 3 ,..o-i- a) N w ,,, w a) d p a ,� m a. .> Q O Ct '. U •H CS 0O 0 - N v) 0 ° O U ¢ C4- O 4 ON s_, •. O O , a Y O .,-, d .., , 0 >, Ci, O N v Q-, 0 V •d O - 0 'C 0 fN7, w ° .i ,2 i t ..! .a � � O Oiw . "� p ' S-, OO ;oC a. : _ � v - ,sCd , p 0 w O ) •} "a " d Y + v = W NO _ZyyCO O 'd a) t..1 , ap 0, cA V! p r _ C •_ to U , c4 th Ct � ~a ,a, a of p Q,so. Q, C� (] �'i (}�.� O w Y ^� a O .rte Q) °� Q Q .y 5 U c) - C C 0 C .0 .A' c3 R, at .0 ,r' o at o cC s �,' O O O O O cd .,1 : U � bQti-, •- up E� � w4 Y 32 H Hc' oU o QQ = L� � o - IN il ct ZIO 1Z, w pati A A c.) W W 61 61 C.) • ~ S2.1 1L i E •.. ,, a' Q Q .�. C/1 C/1 V1 :1 0 c� an0 u co o O of v o ° y b o > 6 t A� c :• QM ,.E F L. 3 > •°00,° 'v x 0 _o _p u 0 -4+ Q p *, w o v, 't o Y 5 o > o 4a o czt c, o a cd t > c, . c� a,,.. - a, .— c' r, `, on 0 czt'^'�+ mO m O U 'ti 'U 0,-0U m v C.) O ›' 0 ) 0-, s0 ° rc, O .-a-' ' , O NG ° 7,o vp CA C v, .—, �'il) " "O o 5, O }' 0 Y ,U-, -0 v, v, 4-, ct y Y y ,�, p cn 0 c,-, .s0 em_", • a) .- Q" s,_, a) .0 chi, p-, LW) 0 ,0 O O bL �' 03 p..4, Y -- *1 rz: p ,may a4i .5 • 0 o.,•o ,--' ):0 0 _p •)- S y O ,'� •2 a� a� " � , O b.ECC i•-I �-, rY/� s--, •V, p C� 4. "6 N om. a) U .U-, y., 0 ,✓ C.) , U ,= 40 O 4-, O-, Jam' O O a� 78 Q-, �) •¢ aJ r N N v, ,r", O s, s-, ;-, N cc! U Q, O S3,,11 0 ,y 'C6 a) C� '3 ,--` to = Ct = S-, v, C, E Y U C6 .C" '>l p H ° (,-3 P4 C ,4_1 °) o °� E" m >7',"0 YO V .5 ' ,gyp /�cC cC U U .2 ••C 0 a) c� cG t-, O = cc /a�) c� ,�" cC _ �y �•, N F•" t143, Y ,-, v, '� "'� ycd. ^a cd a_, 0 - Q ,�-, o a) .--1 Ni 0 O > 0 ,.y �� cd O-, ¢, +-"'1 L) bi) tz, Y O N O •,--1 O •.i N a^ O O., Cd U O c� Y O �. N Q-, at U N > vi U '� a Baa-o � en a co CA Ot O ° 0 RC � Q � , , . N C) o f •E N co N c, r oc or a a, O -d -d Z O O O '� O� N W c>C w • QO 4o L"" N to 3 9A ro - . 3 . ,-. 3 cny -C g > > U o U ,o p. 3 V by ° ,. °Q' ,0 °�° �' o U ct U N y Q C H y —' '6 0 o to U N to > aO4. 'O > N C s. > - s� Y N o o s = ,t - U •O U 3 7--I - 3 N > U 7pA , L1 O • Occt "C. "C Cl)) --, 7. 1. 70- N r o C O . C a) at a, Cd p 47 -Ca.-0 .O y .� O o it v . a) � -� U � O �n O ,a Cy CrsCa 0 CD -,74 �4° z a) 5 ,, g ^ N 49 r p;y7 � ;� M ° .4 o 3•f .41") o N P4 y a)Q •••>, cd O b-0,y ,—, rn COa � O . a) o � . ,--1" 030. nyw• 0 - 1 ° i ' N . o 0 >,oo a Q aooo o ° 0C ° EsC OcC U Ly U C8, ai0 bn• l ) o -EN C cct _ 'y r - E 00 y E 5-1 � O 7 - 40] +O 4) 03O V1 y = ^ - U vU � • "0 � ° C4 U ° iY a) N -i. r' M 0 "g , .? 7i .,-E0V Fi.� : U at• 3 H O U -_, �G a,Q, . H c > o Cr) ,• O oA a,4--, O ' 77 -C - 3 n Q O C I - ZIO : Z E4r; ▪04 0 C) U• ^� °s. ti y I: O 0 a) > at bA O G - 0.° 3 U Uwn -i▪ iai o o ° Aa > C ° ' 3 U 3:4 ctoz N 0 .o a ° ro = x i 0 = o -0 0 3.'C11 tip • .F-�- a) a� -'' .>..., ,V] Q-I fn azt C� •� 7l Q-i „'-"� y /y� V �- CA : ^y .5 F�•i•�I ,y E Cct i•+ 0 a) g y 0 ... Imo-^ ,� _o a) 0 Ca W '� . - CS�,y o y 4H C, > U .� AF:', Y $5, CC fl, O N U z.-' ° v �b-0,� o co s°-, y CO cC °O X a) v, . cd .� U s� >,-° ,�' �b-0 bq U 4y xi a, W a,,P ccs --a....,y °o o ,`g ... 0 .7 CO CO CO 7' ° ° 0 _ •� Q, cn �y ca at at .--+ `, �' ,�, -C y y J O •� U •�••� ..V]i 3 ,--' C CO O y C r v• 4, 0 vE ° o ' rig a -� y �"y w ' > e� CO -v ° C� ^^ ,, a) o 0 ou azu o ° N � � Oo - � Si: otefvo ¢ 0N A] N VJ r-• O _ Qr V • CD oE •bA CO CO > : ' o a E p C.) r. . b , ,° ,te" 0 '' ° '� '_, 37- V O 4, O U E d ° 0 01 O O s•. " oC ) cd N 0Sy N to O ••VEL' •" � �' 2 0 0 c, 1 S 7 +OCO `+- OA v •m a y " E •0C U ° ) ° 'i-, O �- a, .7y _ " aFg a, •'a' "C v) U 70 CN - = Q 5 • o a) ° a) :a . " F--,--I a) '0 o > � ,� H . ,� ° > Q. 3 0 g o o O O U •Q y 4--1 ' > Ci--1 .S i f.l.y U ,. U > ,a >, U1 ,, 0 Cd -C Cd U , C� s. ;. Y Cd i•a ° y r�- -6 '� y i•. Q ° .� ,yam--, N ,_, $r. i--I ° .,��. O � rl a. ,.�+ •y Sr "JQ ° ''•. 'S' ° 0 a, ° CV-. C r3 'a) -7.y., cip ° g -C -0 LE 1(1 •y pa ,� •;-. V C •• C . ,,j ^ O O 0 a) C) 0' a) ,> : C v, a+ a> > U14 O c y >a °' o ° CO O p a, a) E Q o O C , >, 3 O o U a, a) s~ ,s o O C ° p O s- s•. o 0 V � O Qa 4•, CO a, CO M CO 4w C CO CO CO CA U a, a, E •- Z re = �+ U Cr) a.. C. 0 N co N N- Ja 00 O 4 • 0 0 2 o a, ° �. Cr y :y o 0 c v .) •c- o -o U 0 UO 7/1 -0 Ri '�-+ v ul cd = cd " bA - Co a 0 jjcA •� O� •O• O0 0 cA 0.1) ;_,= ai ct -0 .-..y 0 •Hti 0cd 0 ,C 7. S1 E a u : o ;-, = 0 '.0 6J . : U 0 0 -5 H H - I - ON C.) c ti A 4-, 1-1 61 r 0-4 E O• c a d Sir 00C cd 0 0 ct 41 z C N o 5 �+: a) 70 ,r5 -0 0 O ca :y ° ° o -o 2 3 E ,5 -od • a, - o cat o.. y va ,,, w a> t to W 0i = O 61 ct , ,n_ 0 4 C,z .4 1., o E ' Ny a) 4 - � co at 4 � a) �- 1)o - N U U •-. 72 4-. :-1 cC O O U ,. O 4-4 44 �y • Er U - o — 72 U : O = , � O O ; .. UQ 0 - o ZIO 1Z, : z E �; fli y U O s.. 0 ro a) 0 o cu ot p >, -o o U > U o 0 0 0� H - U 4. v 'o ca o s. v' >, • - - p5. .s-+ - C o A i ct ' ' O W O ca .. s+ O _ U ct U : • U '� U "� pOmOa , ,4 ` vCI tip (1' � '4V ' 4 . OO COOx ' d OMp0 O :w f 4 ca O , U � o U 0 CZ.. 75 IW0 OOy ," }�. .O 0 � NU rn � - Q � �' ] a a -I Ct d M-� -o o , ;- a) y ct dt O^ ae Vp ¢ a �� a .r I. v p "a o. 0 > U 0 , 7 0 0 0 -,0 ca — U 0 v 0 ¢„ OV H 4=1 , U '� 4-+ 00 3 Y >., 0 O U Ca CG tom, �. vi va T+ s+ s+ RI 'Y U ..; N Cr) 0O R -cat ��„ �' t~ p •V U �' '•-' a 0 o ^o N U 0 o c0i cd v ca ,� o 5 to ,- _v v, Y >, 3 4 ca i. 70 o :a - O U o •v OA ss •- y o •- o U o 0 o F 0 p o w o 0 o �" ca4-1 6-. > o ,L aJ Q. Q.. N0 °� Q • a0i 3 �` ^>o tr ,n C Cy p. U p. Pi C 5 w 5 0 o = 0 7S ° -0 ' v, o o p o o `o y o 0 O 0 O O 0 o- p. ,. „ ca 'a O .J _ p o -0 O O a _O 0 _O (V sO N c ,o U .,--+ O ^o �, O >, U N +-' U ^ .. v' U te'. >, >, M 0. -. U ,,z: v' O !DO.y O U ,_, "� s+ 'C N O Q. 0 i ,__ ."r,�' '— , U 0 a� a0j '� 59 C EA- 0, Ni C "0 0 0 0 '0 "A �O cct O 0 O ct o ca .0 y0 O O ' O .••�. O Q U ca ca a. E ^o vc ca ca p U U O N 4. U > - m U �.U -U m N N csa 0 4 d 0 ,--' _a U • o 0 0 .�. .- ,A 6 0 0 "p o Q y O ° Q cn v: Y U r, .6- 0 ,- O 1 .y _� aJ Q 71 V, U. V, n •6 6 5 6 �" , E o Q U r1, - Ca Ca 4 ^4]I cc: cz ai w -4-, ca 0 C/al 0,, Ca Ca ° Ca -1 'O ° ffCD . QE O, Q = ,y �U Q Q Q ••• : U H o H = H H H C I - ZIO 1Z, : 4 e �; ip -i-, I y E o d .a?, o Itt I) �", 6 it W O ° • 'Y CdO N 0 �' O s. N ;-, o � r- o p a) ,, :+ _., a •'�. i—, 0 c't NC) 0 2 ° `�° � 0.1 Q zo °c. O ' ° o ° N •�U O x mop ° o ' bAo �' .",0>C o-' ai • o 0 v o rn .0 5•,„ p r0 v oo . p ' oo � o' ae ot ,- ›, aio . ,� 6 u w Cr E CCI tipy y N 5 ,6 a 6 0 '3 ct 6 a o -a U o u �.o U 4. c, 6CC ° "ma ° ° oy , ou 6 a i 2 to t 4 o U ° w - o • o a.) • " rj p m + o Q m N ° o i 0 � ca CD .-Z o c avi o' ° = o" cu o :42 ° o ct ° o m a) " ,4 9 o ;-.1 a.) -o ° cct a. o Lz - 'C p w U o•- - n. › .p x cl 5 w 5 o .5 ,- = t4 e . ° ua ti) ct et Y � o C o ,O n N o „nor/ a . J7, °1o � 0 eti VV E F' a, ,' N 0 +-" w v) Cr U W ° 3-9 ° ° ' °' -• -•-•' o - fl-a� a . O1.) •. A • o ,- M . ,4 • - . . C{.y ° 1'" up VJ dA ° 'O S V] p. CC aJ SS, p 0 O '" OU Q u w O "� O - •,i L, U U . WteCa •U04N U N . "Ft ° 1--I .p N w y ° r+ t ° v � w o uc ° = 0 ° .�3 C O u o¢ o ,- Z No r:U N C N N . o wIan E w ° b — - op ,�¢mU ai o 0o _a U B •� S? o u,. U o 0 o p .MD O .5 5 P c t I)0 o 0 w -0o 'oo0 oU ,4 ' ct 'tCoo o . ,t o o • ,4 s d cl r' U � 0,H U cct cA a U o Q vi c> o +� ' Q,H o .2 ca z. -, o N NI N ci oi v a, o, a, a, c -d -d -d -d 4 6 6 6 O M 71 d CI s. O R GO •l i on O rte- 0 ao 8 E CTI 1 14 O\ O a CD o ti r ^; ; C> O Q �� a) •0 cuth o aO O ti) - o • 0oO NA D u CI a a ° gp o oC = O ~ rn ,� O cC O O N cd O CO? U O y a to -1 g O U v U +� .O N OS. ^•^ SO m ,C O CA 1( UO .; , • U O � r ' O ,- d U 4ip _z — O ) 'C Ty •- O et tO CC SJ OctbA F = , O4-1i , - , „ ., J O O U N �, O- O N . E tew-1—+ � o O .. O ,-, X czt )- N cu cu "Ov) m O 0 v O N NbbA 0 >, O — o -y •-, ¢ ' o Yo 't = Q o 0.10= ON ' ' •' O Ctys. c, � d � b � '� O NQ am O• � cu a.) UO w Y A czt -r p v 0 cc A N ,4Q O g' I) o -g ', 1 b 4-i U g Ov ! �U m,� o0 O CGO "a _0 ai � � ,- N bU OU � • 4-I g O E9 N • � U N U U O +�U E., .-- c, N r M 4 GR 9, (n 0. (.) &cA cu 0 O N CC N 3' v.- ,c) oc —rO 4 Y i C z � U NU O cd p , 'CtiC U .-E.,,, U UU G 0-, U +-, o -d N U=,, O inA. O c? ct ...O Ct ,, cO , Y s) p. O s. u op O VD O O v) U v 1,-0" O � 'G ; O •z •-1 o ��� Q O �, ¢ U a H �4.' m O U zU U '-O U � g cu •,-1O Y ct O a Y 17 cn 7.. ,U N N •,-r N ct y F. Y UcipU ccs a) cA U O ON Com4.A Y rte/] • �"' x-�I O ;� ;� Y. ,� A"'' .sem' ,� CA c .0 ' H i"� cUC .-.ct s: U cd G. � cl' Uo� • HH ►.I r. .� U p. N V] p.., as U Cd a, p. w ¢ u p¢. per.,— � a H •-, ct 0 U✓✓0 U s-, U ¢ ¢ ¢ 0 3 � PUH H H 3 ¢ H H. d �HH a. .1-1 CI I 01 0 0\ y0 p� A A A v C° U cel O sem. � — z 0124) oO M Mc.) _0 '0 V °' Ud 00.H W o dbd y? .cld a , aCbA 6. N U O E ? U .1_1•) v1 t4,0U U - 0- y cec.. ..:•,s, 0 yl 0 - ani o c.,-,0 d 4 . .0 0 o o CA p Y ¢W •-. �� ' 1'• pY!-1 Us. O LU '..2V1Up O O � �H U U cU U ,,j - U . U ,o 0 0 N 3 Ca b.A c4. cam? • cd U 'G y Q cc r O U U cl ct O 70 0 = Up • • wU ,-O wO s = N .U.,zN U al 0 ', 4—,_, ,� -.0 0pmtp p 0 .p O oo p o Uci.. o ai ar o Y gO ,y .o U `. 5 �. O U O U p a O U O Q., U U cd .ISI yg Q aas N ° c•:, ov do , ct , 0M- Ez atY D U cd O bAbA U " -, = = O = ", Y Sm, Y Y MLV. W Y O N N c • o Ya > m - � 0) 3 -o . -0 p ai . s., 0c ci)V) ° OUU ti) 4 '0 c O . O .`, U ° .= o' .= •4 UN U E O.° i 9 �G/> p U � U ^ d O U +U' .2 --+ - y ., -0 s.. U y an O 0 ¢ Aa U Q N 00 00 00 00 co O '�O 0 �O �D ri a a a co 4 0 O O Ocn p00 LH, ,- a) cd = -O _O N y 'd O N "C _O U o '� o ct i?_ ce et .7-0' • o � hI �oen o op � r • o . U I Q I 'N Y ti y Ii N �I cel U Pi.CA El ^, �"� 0 g N P1. Y - F, U 01, E '11' E U O _ O a> U m U c Q m ct Y U O O � IIU —, m N m U m m m p. � C 0 Y U L/ � H "O Ov y ct w p 0 0 p P~ ¢, d a1 M P. O .m 0 ' ,_, M 4' ¢r' >4, ,--i .0 cn cO d 8 a1 �..i ,- :-O •-- d O Lr, ;-. ,- O+ 4. CA O 'C y �". b4"O z. ,0 Pcat . 0 O C ✓CA U P, o c=s Oto 0 0 cca •' C C ;Y C tZ ,� O. 'O ¢ 'C 'CR+ ' 0 Q. sP = y0 aoa''C vc . d b-0 biu M. E • E cr c?" o O 0 a' 0 v °' 0 C.-C O ;., o °' cd 0.-d F. Y F. Q cd O Q cd F. 4r, P, F. un cd cd Q o ^� 0 0 v •o `Iti VW C7W W y � � � a eo00. W � �� A z H 4 0 0 U • sem. oW, U a U c�/1 N o • -a ,. 01 bA U 4 Z •' cl) 1110 C ND t VI ct s °�' C 0 •> Q. o A r., �. pm Ca f:).-IY : N aJ a> ,.q.',, U C Y cz O y..i U O O +: ,D o a ) 0 '5 , Q Q.+ = i. . Y a Q O O . T fa.a x Fp •3 0 C bA 0 g 0 n I+I ch U bA N cd '_ e O C ',. 1i .Y-, g 00 O Q ccd _ _ 'cd m cs bA P4 L^ rl n . O ct A Q O CD bA CetCy .5--, O +a ca — ss 3 Q C C 0) .0 c 0 = M •, 77 ai , bAow u o 0 y , s , . aY o '_ o �. � o w '� .0 0 'V) = • 0 0 0 0 cd A. ¢,, • U W o conco) 0 0 T '7 fl 0 • Y Q O -> rt o I,ii 0 P. a> Lr, a 0 0 'y z0. ,�' ,M-, d Q w U P. d ca r P, F 0 w 424 C7 N oc oo oc o0 q M a1 a\ a\ en M C '"Q N 0 oc ,iY ° a -° Q C' dt cd U x 4. V cC C s d ° �� at o o o ti 3 0 '� Q C.V ,721tiQ. `' ' EU o0 V oV cnn moiV bA O cn s. I CZUcC 0 'Oa Y O U d ° O i--, " • O O N O cU U U U CZ A� a O SV) 5-1 U Y b ,- Ca s • a ¢ U . d O O 1-) b0.5 CA 0 O 0 0. dcCS�U O 0 Y ,, Fy7 CD N — ' U• .- rU ': Cd � r� V] O .5 -o a) Y Vt 7 ^ LU ...0_ Y z N • Q'WO O U ' Q 0O y, T O. U O 'y s- .LU V] U 1.--- V O H. �. CC r--, "oM Q 0c i-, 'd = Q = ,n O W Q" Q) Q. C". O u Z as ? 4. cc; Uo U do d L . 'C n G aoet E o ° c/a o » — ` _ CA C ^ a_,mpa> -F,' a.) C. V a 0 o cd ° t— o ° o a) : P, :-, '--1 ,S' S Qi O O ,C ,r °, S ,.= O 9. 0,1 U .r-, Q. Q i--i O 70F. a. E-H •-'", ,n E-H F- P- N U E-, N sm. E-H N coo E-, N O it 00 "/z Ohl U 0 p , W Z ti w i Il • v `v C...) ° • ^� '6 .5 Z O sO 4-- , V i bo •.ti "� O Q O cd Y cd E. _0 bO •n cC U z NSA ND cc; � �� � Uo ° a � © - ? ) �? m Y �, a> d Z -� ¢ — at '4:: .-. Q. Q. .-' cd �C ' Y m '0 0O O C„1 a' sQUO ,' v , a.., V d , • . 0o 7, �y $.• O S-, N N '' -0 ,--5 -0 cb o CC; > bp.,7zi o CCS cHi O a) a) U cn O a� .° r5 U O ,� 0 ,� c�C ., E U a' 0 U 'a ,- •o . l� =' cd s o V cd �, V a "O ¢, C O V ,0 el ct Ct Q. CA .--, a, .Q s S cd U p 'O r c%1 s ¢-'OV CCS 0 . cn Cbrct, O U a) c.,, bb a' ' 9 'C - O p d ZA- .^; it ,_, " cll ' ' ' n r� Wz. 3 1 ° id Y ° V Q •y W "0 , b . 0cd C+ E .0 O cd U V) Z 4- by¢O czc 'o v0 °b , by s cd 0 U 6) 0 ' YU �' � ° d rYO •- . . pff ° o c 3° .� o , -CS = - En I. o •� 0,1 o h 0 cd 6 U p p. c' N U U �U, 0 •— 0 U U o ' cn O . Qj g � UN M O, "O U O � O U J PU � 0 1 R U a, O d - 0 N o M CT CA M N 0 o .y ._ O a C� N CC CC p.., '� �ti _ O .V 0 O M o-1 7 GA N coW O H 4. CC •CC C"�y .Y U O O O 0 0 O O O ^4 v O 0 - O U L czt O O I" d- O m ,� .4 } 0 s s- 0 4 $-1 > v) o .t ,• I A� O a� `/ �, cC ' a'�j s/1 Vy 0 N O ° .q VJ +-, .O S. s•. Q O 5 Y 0 0 O — .., �/ i. a> a'rr 0 v; .--, O 0 O 0 0 }' O O j v' -C 0 0 g s� O ...1 a> ,n CC S-1 bA H L�.' cii .U•� Y CC ,--i aJ C CC S-1 „7y y— 0 C..) N •-.-I CIS ` U GQ o ��1 0 O „'i o N N CC a .--1 E 0 > -0 0 ..0 , bo ° -� '' p •- 3-I ° O N �_, : Ct 11— � � � 0 a> a"> m O 3 6 O O •ii ° -o a o o y '° o � = _° rn .� -' ••> O U p- 0 - - ° l. v 0 O -0 v a•,ell �' v' - G 0 Ga O 0 v ,-- ct O vi .cl- •.0 cd ..v'i - ›, by c) r ct y O S1. N ^ ,� a> ri,o Ar �+ -0 bA v' O y :-. O Q.N oG •--, v, 0 v, ct N > 0 •S'I -,-. ^= CC U y0. C_) �-' :� '� ~ Sy.' = y .=+ v' U N ,�., ¢. CC i-. v, ° U sti C11 121 �, N 0 cd N 111 0- 0 Q w 0 U a• 'L" b-0 I a) O "� U a > V a vi-0 CD M O " 00 cca y U o .cct ii)y at s-. U cn : p 'o ct ,�O". .SO". .s°.' 2 > E ) nUO > 0 V O O O N O V x0•, s o d U U ,� U P, 0..H 12, F-1 vl E-, h.+ r. -d S. .0 ., H Z v-1 4-. v, V - 7.5-. H H 0 W cC cd i* a U 0 CI p, W Zu, � w U cstFtci v , = y 0 en V 0O CO en L 0 � 0 ON 4" • , 4. O -0 • . QWA � , 0 ^7 et bbN •,-,''' OO aw a "Ell CIL o1. ii pci cs) CI O +� ° o to ° ° aq 0 •'c .� = CA 0 � 3 a •oo a o � > ¢ o Z v o ~ o 0 -0 N 11 thu� UU• N eO yea._en 0 ct ti) N 0 • SU N .-.s-• rC1•- ST. •5 czl o ° s U n en '' °o0 bo � ~ J ' Va> N y • � om ? . °' rV .v' •hUh 1.0 • fl. >, v vQ o-1 p.. c —O GH 7) cat ° ^, Hct 0 a0i N `a' ti)h b0 v w .x 0 O °U ',3 1-1 0 m 3 O u ° u u 0 v 0 .0 ° -- a> �^" N N O ,yy,•, v' 0 > y • 0 -0 ti)— L1, cC 0 v' " ,. -,— 0 a� ° o co)CA ..W 0 m N .,--. c- •--1 bo -# 0 N O p a j, cC r a> 0 ,� o ... sac= O ,- • 0 N o > N ce o CO C sta0i a's> X0.1 0 E -o 0-,-o �. o-,- Ol 0 ° O� O 57 o.,'� oM ,�/ ,� .,-,_ � a o N 3 a> � :~ 0 N w -o n, p., o °' s� >~ a � a. �.y V v' ✓ O O bq c 4 ;.. 0 0 E Q.-Z O 0 0 ,2 Q �i 0 Ar RI 0 0 0 0 N 00 °p o M OS co M N © 6 � Z x. o0 c C +' 0 O 3 a, O N p 01 O N ,y Uo U 1y. U it v, UF, N 0 c v C O t Ste" C C t Z -o •>, . /-0 Uc'l bo C H 0 -•--, 4 Q Y U p U •.. }' p o cn cd y U U = U U .� N s v, H. 0 U „O cC N c.O U 0 N .-, U 'cC • �, •O U cid •� g Of 0 co o 3 •°J, '0 0 '0 ,,-;,z ° o E.') U -� (_) N O a LA.al O �� +' �_ '6• g. o o bo ,vp ' ° aau _ rs] a - sz. Z'i :J N , U 0 •p'• cy 0 U FA v F•�i s.. ,�' ,r O O .V .� U alQ E� -0 F- Ow . 3 H Hal 0U i,r et I ^ z � O cw c A A Z `� - w: z ,� ' � �� Cl 0— H 0-0 0E cel 7d t 0 O cs � ,tzto C _" 0 ci, C,, Z © y � � o � •X V y ',-, +r vn ; ,4 ... O _ U v p 0 O y 4. • 0 0 CCIL t °' o boy s ii Q C ami o 0 ,. a U O • CD ,-ti +4' .--, ... bo S:. 0 O 0 0.,� cC o '� • Nib 0ct � o 00 r" a0. .1 Cit O N w N ren ' 6 .5 � = _o gz ¢ •U ^ o C •C p. Q �CI $.., 44 0U0 � • � °' U � � Uo = o o w d • � +. C ct00 r i-I .0 r+ 0 'CS U " NN UN $ En ,4 cA OO Oc C � O U 2U U U 0 vO a-. SC '7 � � � O . v 70 dC� 0 — U C 2 0 N G J . ot U v� a� Y cC s-. •,- ,� cd ,.� a' C O .0 .O cd 0 P. U aJ -co U .U. .' 3 I') 5 o 0 U v' 0 U E 0 0 - V] 0 9 "O N �-- �bo U CID 0 0 0 v' 0 U A U . . o • aao,- x Lt .. o -c o Cb s o -., o � rV oUo .. -a- Q Ti ct 0 n ci) Q OH -0C. 0u '1,11 con p558ct - -0 0c 'a0 •y 70 me te eL) C.4 cA v .0 . ° c�C 0 0 O api cC ct ccs O ,_ ¢, ;., Ct OU o 0 0 0 C .•-,.b�A o U a U U .� -0 =. 3A Q 3 Q -, "O 1. ' R' .EQd ., w, 0 � 1 .6 N 9 M co M N 0 a 6 ,.Z O O O oc „Y ▪ o o ° o a) c4 •-1 0 Ii o IU f 'y 5 y 0 CA _ 0 6opa 6 O ' 3 ° '73ms /� c -P - cA on c ; V] 73 3 0 0 ° �i F.r Y Y ). s 3 0 0 `��" ° s b 5 0 • sari •N '' °43'. w a Q o 42 m � � ° � owa i; s° o � a'' ° -,v 0 � oA3et •_, ° �, � 0 mow ° ct ; v] = w o ° Y o ono 0 0 v .a E ¢•-, s a o y O ' et ' ci* w0N , N .-1 iN v bn O y bA C00 ,00w - � No ' Y '� ' ,Ao y4 -o - Y U ~ " . N yO H a) o � O ,1 .6 s 0 0 (-1-i u.. ' .OO Y . U QO cC O +, cCOOOO C ." • , ' • ILN Y O V] Y t- ,si Q 5 +, s, on v° Y CJ) N Ea 3 ci v YO '�� •C > w S� G O t cC C..) ..V, 1_,, � ^ sem', p ,� '� p N ° fl Q.cC '�S." C% N '' O 5 to o .. 5 O .� G. O s0. O ._g 't '= w F_ — U bo N 4, . Q '�. at o p ` an y ° p ▪ 3 3 --E 4 Y - N `—� N y O '7O-� N O E P4 c N . on 6, 5 O 4-i P '-Oas ct O cn s.., '� SC z c .rl ;, N cC 4, a) = co cd - co O O t ,.5 t ¢. M ,°+ a 4~ . o on Q a o o o Q _o p• o . y fili ct o tt .1-1U Q Q = U Li, N P. H O °o ,�° Q,P- F- , O 3• -, 0 ° ° •5. O > U ao ^/z ct a : Z • C.) v `° �• � , o s-, C o ° > °n -o . r, - Z Y • Y •-teftO •Il -" Q '3 • vi 4" S-,G> 7•Fi ,q 1.4 N .. Vi O °bA t bn o0Y ° aj ° 3 A" s� c U6 a N . '� Y � 60 � et a Up ' C 1 p " Q '� SDA . p" 0:w vN p cd - N .- Y N ._ "a cl O g = OO et C ,SN 0 .-- 5 P v 4 0 6 a) ,2 ° 6 o,U6 6, to, y , y ' „ a.. o et E '71Ova RI • Y y"6G. 1a --E, y a.) -- >, 'O O bn ° ' s-, z _ 6 od , ° Y _.6 oY ) G , !Ii O „, , o ” Q ; i� UY '- ) " '+. U _ EN 5 0, "'E Lo. U V O-,'- V] `-O �-" YO O x" O Y (+ ++ S ...a 14 Y bVA Y a) Q, 5. 6 a) ,A nc C j s� ¢ c� ono o s , .° 6 ° v- ,r = a) 3 ' m > Ncl) G -o v' o Ao,= N s •- oO N p c° ° c o :1� O o 0 ,��a/> O -coN^'„ 6 y > T 3 p to, 2 U M ku � ^. 0 P"-- t'• a uk. o g U �i U O `� -0 O W W ct P. = Y Y 4-- "� r' ct R,•." m Ga "Si c. 0 co 00 9 M en M N O .p -1- LH, F". N t-'_ 0 O bA p 42 V E >,czt ,'—, c> a -' p N 'C b H, cd N .�-.-.1 Sr O 0 Z , +O N .. 0 1 bO VY ¢ 'by QimAid cd v,6vj cd V V � V 0,0 VO � E s. "aT 0 N d\ ct N _C _C U O = V p M =C J cO .. N > rz N cd cl - az Y > V V ct .. O "0 '0_1 V ,-+ '� ,b 40 "C d cd — "C � p F y ' a. Ua J S V V d V et I Z 0 a O 1-1ew o O o s,., C 0 O ..r N., Q+ C. s O Q Q Y Y 4 Cd ' bn d W ,4Or0 cdby y � ,_cY V 0 Q • _ p �• / >, ,9 / : " , -- j r, - •- tp — ' cd = d O ei, ' P' s .0 v„Y Cd© t. ISCd -0 ,4 . 4 � W , Cw � O U VG' OCI bA AC- . > N ›'-CO . V Ym :w : y U cd O V = >, m V ›, Ca V ,a id Y .a ct $.> W O d Y �' cd .; , VVcd , 0 V > ct O • ^r r O cu O m ' Q' p`-, cN5 F, .. Q""C C N C yU �C 00 a iV ,V , U o� U • V Y O , V E ti N Y ,4 Cd p Y , Cd . V Y p a N Y Cd ^, O Cd Cd pyo, Y A-' V •V 4-, •J O' O V Q i. •O . ..0 U '+. .O ,sem O ccd A..0 ¢ y O ,1. aV) V '� O V V U cd O V ,, cn v, V O '9 U V cd Q dY O ah 0O ," 0 O VO .E l N Y O O > V V Q. O . rrl , � Ycd ^ .L N Y V V] P Cd Y YV • V .d VI • - EvyOVV O Sr p — . U v = 0 ,_ ubc4• °. ' l4O4VVS- RT"Cn ^ , 2G - - VbA/W ¢, ;. Q v, - rmdcd O p • V s. V) 5 Y ..0 P. O . 4 Vp ,K'C O VY ,� O CfV cdpyom + a 0,,-7J ° ^ �Yoo o °' > '' 0 ' " ' V -1O 0 OV] sN O = Cd . o, = U -a L > cd � � ,Lw N � ' a , G> O U OA ,-' N r O ,� ct N -- bA Y 4J c U M 0 N oeD co 9 M GN co M N 0 � Z O -r O p U c, "0 U .t-. _ � d) •.--, a) ti ✓j > ^� t^ sr Q U1 to V v1 •.-. Q .5 F." ° o H U U NN O p U U p s... D, U r U ,� o O ••-�• �r Z o o d a� o 0 ° a0i d �' -° 0 0 0 y 0 y '},' N p„ 0 cat 5 y 4a- O 01) U Q a)0 G., •B O s N a itit) P 0 bt U cn,..o•••, c >C c, 7 N U �+ di Q '° � y y o sU N5 Cd T a) 1- m ›- m m N 5_ . . o u o � no �i� -. -. jj' • a fo0, c. . E a = y . -0 a, 75 C75 m a •� V H H Q 'm aU. N H 3 3 a H H `rued. C �. �, OU a 'd aL Q' cd CI I z o 'r) O aa `" A 0 et ti W U W W in U eel emI t s. c--4L.el WO o, U cA bo "rw �- �' m � .ryy4pSy Q, •L a _ U L ei, cd O UN O G: GA t2 m -• Y • a) Cfl. V] - '.- U +-1 > mC V) CtO "' N N `/3s-' U i. U 0 Q .� 0rE , ,�, 2 N " , ' yN N _ yti U Y c 'o .o i U ,y OA Cd to ci.Z ,.Zguy 0. O ° s--, v a, d ° a) ° •U o s. U D C) v, = 1 .O O 'C R C) O O ._° Y o cn U cct Y ¢ O .° y C4a ' a.) 3 a s-, U -, U p O .. CA O 5 y, '-' /' 2 • •Er . •,_, y 0 ° 1 -flu 'y O C� O O s, aU aaO O Sd U 'd p ' yyO0 o . cU U s.. � C p U a) • • ¢ s� ° > s • a 0 v -p Z d ' a ao 3 ,-o a) OU O 0 0 -d O ct a, t;', > o o Y > •y v) U y _ _ d a) ° U U V U o U U y U b -•� a 8 E .. E , u, C '� _ w ,- ° 'gyp ad o o p v) c a o Qbn .o ° o p ' 0 O c gc O a) w✓ bA' p v ai ai °o ,SCO © U a a ,O '7.11 ^' 6, O a, O., cad U bp p, •iiU--��� ''- .,-d r.c C r-. O rn F.y V H ,� L1, —I-, .-1 .,- ccs c� cA C% .,- ,- cd •�--• Q. U 4. cam at °U V) C.. r- 0 Z o Q. .6 N bo cc acco o M aT 6, 41 co M N© ©au. 'C oc -r O ct U O s0U .0 C U '5 yO ° U Y O' O sQ '—' -C . 0. . O GZ = 3 O 0 p. '' . OC. U M ° CO 0 `O 'C U ',"5, ,,,c-) as 0. 0 v) . U U U ; O' • • U U O 01 L Q,•" U z'• O � cn o csi /Gp • •^ -0o ° ' � 00y „9at at i O r.ccsCU ' o UYY d U . '78 M CD 'V U CI. o° � E U . d ,4 V • O a 'C c,) -0 a, i cdbA . 0o oo , om ° . C3 .4e1 CC - Q N • y 0.Y y c U P” o U -0 ' yat U " o U '4 yq , •U C 4- 9 ,--I O m an s „ E yC -� FG Z ••-' Ncpt 04� .4Yr4 c. a)• y 0 as U '-E-I a) ° -0 U -0 ca o CO ccs N a) a'' a.) ,-- "4:1i c) cr Q= COaA C -, aA o -c oC Q P. cao , aA � . a U CD °; H H c, �C b 3 Q ca U N °)) t H El H O o •171 ao ^O z A C7W: Zin � �� z CO CE 7-4 %] Oy V c/) 01 �1I s-, CA z aV CD 00> w ° ,� -0 E O � ° Ca) O•1•1-1C WD a.) J ' Ga A JU O = 'O y O ._ " Y , mN ' CC - + YOU , cC a , °° - '0 Ca 7 „ ° m y r- U � o ° � U 3 aU ° ° '� �o � bC � oay O p m 4y Ty it C.1 o U ,b Y -0 O v, O 1 ° U 0, O U Y .� V � ct s" ° � '� rVl CC cv0Ta) MO O -C m O CU ) ct U —• at,,_ ct SI i.y • `A_ Ca � Ca a> ct rn f U `) OS1y � U OV ON a 0-, UO O ,••Y ° 71 MI Y (}, COCt �� � oo � � � ^U COv O C d o � o •: T _tbup — ,-= Q 3 � 3 -5. sy 3 '-Ob, a) V) C ¢' O -O 'C p ) ? U 4.+ p U I., b vQC —• U' a) 'C Y OQ + n i 0 � '4 Na) 7Oo; c ,L o - 0 d N 0 •• , U U -+-, U .� N U TQY Y U O C O • Y cct U •a. ri Y O Itil �' O cl 0 ,, -e, CY 4H' Y �yZ. Q, p M _ (13 Id) , QO0 O. d O a' O ' CO -' • = L. Y O C75co 0p • . . s i1�'_'11 . Y _ •nl Co V CO a) Y -0 N co C fin„kr)N ' •�-I C3 _O .0 F. C�▪ , 4H, 0 Ct VP ^" ,C .O �' .-C 0 S)-, Z' •,>.-1 ,C rn Y s.., C". U -C • ..O v, '-' O O O C. C Y M .-= XI > Q-1 O Y P. U L O '� ✓ Lam" • .y U Q G sU▪ O cOC 9 co o 2 U vp C. O N ic ic c0 9 M CT CT CA M N C7 6 z O O cc eu - ^o cil 1) o • 1 as E x ...i x o �r a) ,D 4 Y s. c to •- a . = a) o x Y o v .4-, VJ C'S v Y J = r cu 2 co 0a : Z 4> CI U v' o a, o ms•1-1 p F. O bA :-. •.�`�-I d] `� • y0 �1 y p r) O -= in. • YO OO N c* tOn cc Qp °-, c)yOO 'v Nct czt U O NC� c-0, ) U ,y 7° .0ctO. Z) .2 ,. ,� o o o l�0� + fl N 1, a O Cts, yM •,-1 U ..0 C > � m 44 0:1 1- 1 Eoat u4o a NoO .0 u ° un ) 0 , n o. N Norr� . �0 � y '.+ v Q) a. o ' i ton- 0O '7 ay . p – - s5� bawoO O O "c1 . 0p y 'O O O -v a) N m - '-„ a) 1 0. 0 Y., L) Di. N y o s o o v ° o n Ct Yy Oo y 0 S YO a) ',.. co O ' O O Y ' C s. ,0 O N O -C O "• 0 u - O Yay ' ro O V N a) o 0 O CYd • 4 T >, cC -0 N cd C N + ,"". V as. ..O cC "'O czt •.. •. U cY_ O vn • O q) L- )VD O . O Y O a. NCC CC 'G I, 4. C O — C 'C, • c ' " - C . O O H .m 0. O . O Oo ;. 4c ,..0W C fl —1 O £ O �' c0C O4. •. 4. yit o 0• ;-. -' S: O N O w ° +' . o oC › o P. y .-C N cO 5 •4 n1 po 4 a) 5 > — a) O O , cat� O d ¢ Q. c. 5 s. -�O o T o . QU " t Q. � 0 Q , at . 4 - " 9 R._ to 9.U +'r ., UNO ro at L + b •O Y •O d - '� to, 2 i. • L oC/) 0Ny0 � , , • y N 0 C ` Q • • O; - -0 0 N _0 0O 5y 72 c -0 M , .• M , -, M ,J� � CD CI " y O vk „ 'c "C5 , Q© N ~ j mco ¢, p p RI to 0 c0 co 9 M co M N © .p Z -r 0V, U elO O 0 p �U •y O C "0 Z el S 00 O cA U z Cel ct Ci 'Coy cA 0 O j u• 0) CI 0 0 0 0 O Z DA 0 U El U f : Y Y w o U v) v) 6 v U .a U 0 0 U ti y 6 O O O 0 0 00 0 U Y Y "4:1 CCC C ,,,-ECCC c CCC = ° '0 0 0. et e Q Q E Q -0 Q Q s Sel U 0 y U H H 2 H el H H 051 : Z et y U 0 s-, Z o ,_ vO 0 o o > - 4. act . i-4 V.1- =^0H - U j ,U 4.4 ct aO 'y1yA 4 N C s" NcC 0 N 0 '"xO = O w � Qo q> C ° a Q-' �. _U O cLe oC w pflioCI Sri" V el ° •� —, •.. w0 0 w •.-. ,_.0", 0 U -O p"' •`� '� - CC -C , a , , 8 N ,Y ,p ' 0 ,, P. = 0 0 N c¢ y y v, s°. 0 ~ C p o v 3 w w 7r cr U " p p -6 > 6 CO- ° -0 O ° o v• o p �� 3 `� - ° W 0 cct w o 0 el �° U U P m ,� 'C 0 p 0 0.. 0 -� O 0 Iiik • 0 0. U 0 -•-. V00 II, c3 v, e U ,� Z w 0 O Q EE 5, v �° v -'C `� -° V N tU-i 'j'� o Q, V th 0U„ �'' ,S, 0 ;� y °�° fl-'+ " -0 0 cd _, N v' s. - Q O " ,, 0 Y 0 y c-, ,, 0 ,s " ,b •0 - 771 Iv dq 0 O O -� 0 0,' 0 U cn O i�,_, el v; 0 s.. s-, s. U 70 y iv ..s.. CC U jN N .,_, "P. 0 0 ~ ,moi ' -0 �, •r CI . U o U U ,i O M cC y -' s, CJ , > '� -0 ,4 "0 el C.' ,' 4- V p P' -0 p U a- "3 W 4 .� 0 w el L." Y • o ani °Q o o p > o > v� o °' o ct o CI 'O +ct =-, O 3 0 �O _, ._, •-. v' ,C O U , '•� ;.y "0 „ '�. iv o o 0',- V' o C.4 C 0 ,tab �,-1 .y..,�,-B alai s00-, •U 0 0 p ,�-+ 0 s U c O ,, "0 .J 0 O N O o g,�/ g U �, 0 E O ,_. O o cC R �. o R, 4 -0 ° , = 'i, o w 'E. C o 0U o ami' -Mtn. U H v, — QUUw Q. U C �- °) . U . U U 0 ' H U a. U ,.. 0 V] H N 00 00 00 00 co 9 Vl M 01 01 01 01 co N O Z 0 0x.cc ,iY o ^� O OU O U 0 • 0 ? O Of O p 3 U ct cd © °' - U H a O.) O : Z el y 0 it _ ° : c.o I' ° O • j. , O N 0 —adf) O O O y O o p" y o v O N p O p U - 0 O 4r ? •E 'O _� ° y y v O C U 0 O +: p O O 0 cd ',. Y CL) it Cit o ° v� p C S" 0 0 cd et a ° t� o0 •. o ° u �; + E o 71' w U E � - o o g 5 . -° E ° a 45 QN • • O o o -5 ° ° o ; Q, 0 cd 0 O acg c 1-'.,CC b „ ict p Cr ° Z = cd d p V � cd N O Q. ”e , wo yop 0 , v o czt E Q- �. ,pp .5 yam, N N b 6� .,, CL) �' .O .m b a) c+ •Z'Ct O O Q C '- 5-, +'.� 0 T .y-� 0 b-0'G N . U g ,S." . it p t p9. d o . a,: .., o g 'ti) ct ° ,y N p cd c„ c. >C s' ¢ Up Q" 'O • 0 E: a°'i a or' p" °' ' ° ° a Q 0 o � C g 0 bA g 2 a' N a' ',E1 % O = O bU c.„ v -o ,- co) 0 ma�y// o o 'd cd ,.- a0i m �-. cd �-• cd ^ ani $. N �--, cd O O 0 F.c� U ' O Ga _0 cd C-r R,, R,, ,7, ,P-i U W U - 0 N co co9 M co M Al cC rn 0 00 •a 0 V aV b NN a 0 x O 'B O > - •- OU O Y pci UYti ) o " O H V] d O ti) •—1 , 'O '� 'd U . S1,..)_, O U a. ' O 'dyy Y cA oc0 NN py U s-.' 0. O. U � 70 N teE O i � 0. . O 0 .^ 0 O 'r+ U „ OO OU13o O 0V 0, U a) - 0 O 0 ¢, - O `' O , - a" C Y V;.i Y 0_, cr r 0 , 7E (14 crO P ° 0 v. •�° " '�� S � . te Y ,y rt U N > •co U �' N Y '� ,4 O� o .y w U - •y 0.at Ca o c°i s a,0 0 3 3 vl cidU O � • U 0 Q v r - 0 v'cz: p 4t -0 ct Cat a) 0, Y Y i, N Ci - rn G"-, N ,n U y OU Or O U " Li ¢, r3 ",� _ Cd Si Cd Cd CC .ti a Ie,cel C4 en O = 4-i ,g _g O� O ,,0 O' �. , s' s 0 0 0 a 9, ,, a) va C.) oV V H. ° F-, E—, uU, H O d Q' O d Er E- ° E-+ c) `0• M W N A A O Z ti 04 W W hJ0 04w w E• .ter, CI O V) U -4-e y H E- ,-1 •.� •o a •y p, :0 CA 'Cil 0 04-1 O A A E y -a °bA bA r O r4r, '� — y 0 g.1 3 ,g 7S t�A y.? �' cmc y 0 0 W 0 .0 i a .Y • O d N O , C { • Y cC O U rA Q O LI. ." fl, O ' �' -0 sem-, ,,, .6 •cAA O U U > = N „, p Z el cr 0 0,• O 4, ,0 0 0 -d •0 c3 O �, U U 1-1 ' O N 'p +— cd >~ E-0 ut ;-, Y.4 0 Q l- 9. , 0 0 0 00~O-,•. o o , 0 V o d U _ cd cC RI z-. p b O O a•mi p o - a, so -o , , as ° a It O �_ aCC1) = y �: i .N 0 •0 _0 F �a,.y ° •.> - o 70 A, u U r Y U U �+ O -d F," p " s, Q S.-I �' . -rt V s • 9 4 0 0" v� U .y 'b o ¢70 0 b0A 00 bit). ,gid U ° . o F c� , d > E by 0 ° ° 0 a) O fl" s s ° d • ?+��' ott ts0 cd -- _ �- OO v; cd 0> OU Y ) o yO —5 , V S, (I1 ,4" >l•5, : O 0 Y E -0 Cd ,T ,A UV, t i O Orl O U v ' om z, O � , O � � '• O cd 0 0 O O GY "� v U V • . . b _ O - �A to• d > 0.• . ° , VO 'O 'O o 3-, al • C. U • d � pO O 1 is5, O O p .1Oypa) . ti) bA, , m ' ,� U E 'vOOpO -3 �, - v V -, t4. Y , 'O cYE o OO ;* L - ' q d xp O p ° "O C U 'G , .. 0 � _. M a, • U Oa, ,,,0 •-d � UN V= m -0 N n ctcrQcCOQQ../s at N OO � on ,- = U 0 a) , cr .7.1 0 Ct d bA ¢ • � ' Wi t +-V '0V FFO ar•., - � ? = O Q U U v) O o, g ,• ,n N r-. O r--- 4 Z r N m U U rA to O ,0 ani p Cl i••I ,1. bA"O 0 ••y 5_, U •a a �.., "'5 U cl bA 0 '5, U ct U CO') U P. 9 -. ▪ o P. C H a,C7 •p ` -o ,i›) ° ti = o •., m O E 0to ct ` ,� - c o o i N U - U pd m = O i, O C £ ,144v •c: 4Q Q. p id O2 - Ct ct 2 O ;� ,--.. ' , pti ° a 0. - P, : bD ai s -a gbA G O IbA b LL.O w U 9 + •g U ••� U O v CC -p + ., n U _ UU � NU ' a UO v 'CC a> U ,,, Q • ,. _ � : 0 0cC z+ bA 0 = --i • U � cd Q ° ° ao a U o ° s s.. =a a' 0 o u a °- -O p , U Rc U Y U f- U U = • x. ..0 ,Y • -i O O U E3 ' I) O U cd 3 = 0-i $� -•'y ,A E O — - '� c U • .ti m U Cd 0 cd U � SU UI) cn '1) l=") "OO� a, _ a-. 0CpQ. O - Qa. 0., ,Q, , ., tz. ,-1 d V] N bo• Y CtA 04 kin 78 1-1 fl 614 6T4 614 rz CO v L/D LA U " v y F EI N c PO ct CA •^" CC UAA cv - - o -c O O v' rA Cd CA O y ° '0 n y N o - ct o :■ O 4- aU y U b N :7 U 0 o 4-r W w U •Q U. 0 U ¢Q�'o to_ c3UsU U ,-0 ,r, .U . O A -p —17:)U b '� S U p U � O, cC O f U �= CO "O , g ▪ ° i U cC. _ Q ° o oN , • U yms ; UO RI a -, O 4 R S - TiTij -- p � G �� yCQ OO y0 °° O ct . CC M y t-.4 •c� N 4. V } �' yet xy Q Z u ✓ Q -I ° 0,., i °o U no`o ° _0 g p ,U4. • 1 cni ce a-, 0.r , Lt v O w U U v UU cq Oto ›. Q� � U . O "O Y O O UO g bA. cC O 'C u , •,.._, -o O O - yci, =• •_ 0 d U - o rn • CCp . 0 a) o *. U "' O o P.0., m0.1 ° � N O U •1I ; tHi1JFH 4 .. Q. H o bA - d 3 1- N O ,--- 4 Z v' 8 -' C .- -., O O N -p j - a • , OCt, ! N O dN ,A N O CIO YM ,O Cv) N 'a > s N O • 'ts N c • v •zz ' 0-1T O �, O d � a6L o P. ¢rd � cd � MP.. - a) 'a- +' ay U d O OU v) i0 < C„,) 0 • -p 0 vi Ovr '9 O `. -C y Ocd Y S:E .v) G.i .� s GONO ctiO Q U G4 Z Qa ,--• O O > vi . !Dr) U ,� N a o a Q x o °J ' • d O N O Ov O O ,-4 cd O cd 0. ,- 5 O -, r5 g cd ._. .5 Off" o v O R' O nil C/] cd .wti cd -O -,--, 0 '0 a) i.- �' N U CA 0 ^, O 0 v, O `) O `" cd S-i 0.,M cd ,- O a) .i.-1' N O a) N O > m ▪ a V., O .2 F-� O c' Ct O Z N O O R 0 brl ¢ m N M O •un m N b-0 a) -O 0 > • > •-. O —O bA CCO 0 ani Q ,5 -R O y a y S� - +. sem- Q, p.. .-� O d M y ,L., G-1 _ 0. o d y-, d O N _ 0. O -C rn Cd O s Q S O d O d s s s O p N• O n d s 0 v, Cl 0 cd V 01 V H ° H cv V) F-'� V) '� Q� vn V. F-' r/] F-' 0 can rrn 4; Q.'ate u,•-, 0 H 4� °; cd = u c) .�• M a N O ti Z an y E• . 0t o o a = czt •-, '^" CC = A A 0 0 O c't o J ya c . , v o- al l. a Vcp3 L� vE P, G" W E a) E NO v, o y ,J U Z a) oo y .--I m a) i O ') '6 > s' O o O U fi r ;s~ o Qo, a, .,- ._ ,�U = -4-. cd I) E ciy N 2 O O a) • a) a) a+ - s.!DIs. S• O a) cC O O rt O .-. o a > o -II 0 O2 z• O rm.b -gocd O C CLIcOYOd . d M. 2 CL, M O cd c03 ;-: o ^-, O O O O •-ill .-- a) U V O, 'O cd vk Mk Q CA p. 0 ,k, c) N rr, O r 4 oc ,6 ,A N r Z. .-, >-, ct "� y U. C) y 0 V p4 •,, 0 - ^, 'a � y m vn VO a ° ° ° cd 3 p c.) imO bA a) -0 ct ` m _ , � ^ ,.ct� t b cl U p cd E H � O 0 i ,70 ° _ E a o o • H a -C CQ , 0 y o V - S, 0 a • st •° a i° Y E ° rg + ,b g 3 o o O ct � m PO N m a)w) ¢ a = Cp +, A - CO VI Q _.1-1 N y 0 u O 0 z 0 O`, � 01 .Lam" p. }}...„ U i-. G� o S-. a) C) cdyL" S+r" '� O CEJ W .�0 .S" .� N O 0, Q ce a1 r.. �. a) a) a) a) vii o C V a) ' •. � a) U en O ,s' ,s' y_, O S' O p p O ,-= s 0 cd v v O 0 ,-= p O sl V o E� H o so. - o U w N 0 H H o W cd cd 0 Q E. O w O' H. •el MaN A A A O ti W W WZ w w w -E .r O v. U E g v y H E. H N too a c SAA ct � ,, = 0 0 u. ,= 0 o J _0OYCd cA O y . N 0 . • ,y -:1 x. tO C O n� '0 0 = 00 v A. 0 0 0 -0• o ° ¢ 0 Z �� soo• a) o >,..o ..� C oi Q ° E .: cd l- U = O .0 i .V. hi 42 U ° ., 4• cd -C 0 O '= •. p -t pO 'O c9 O m - SS,cd O 'd 0 V b0A 0 •O O cyd i. ,..% PC Or -. V -.O ., a „ a) di)Y ) • ° 0 • cd W +'7-�'-• +V' N y,. "0 s-' • 40 0 �i ct cd s. ...' .L 0 cd , L. O 0 W v, #' i-. fl. a) a) V] cd fm..� O O '3 O R. v, p” ,- o c'- m s 'd a7 O �O ,t 0 o C) a, ct 0 S? G Q. 0 a) Q L' '� C � 0 .O 0 H - 0 -4 N F > , O ,+ cdd p bq o CIO U. •O U '� ° Q brn .,'. 0 , s--. '1.) 00 ¢, 0 M cd y0 0 •.° .. ,7 0 0 N r p o r z an -o o E oct vm p -0 v) a) -O U -0 a) .O 9., OY4 O L p ' ., Y o 4 U ' H O5 N O OUU 0 0 ;� ' 0a'' C "O ,, 0 � . O 7000, a U jcC 0" U :4,5 E, a) m cC 0 . ,s,, 4. S ,S +' Y c 0 a> Y o 4" ,LY" ..`i'- -o L" CJ .—' H o 0 o s.. i••' 9 o O -o . U O o ,-, Y a) cd U U V Q _0 cC ,--' bA '^, '� v' PL O 6 O U o y a) Y .O U v, a ca ,� o Poi 6 f-1 .'U" U '� U .O 4" L", v cq . O y� O cd CLI a! J �! ,", p "" O › o �", _, ,_ N pp +� v, E y 0 CC 9 ,= y Q 0 Y s o" oo !�, s"' p U U U �'' ,� ca bA �' C..) a. m Li U '3 z, 12 E 7d 0 •0ct b U -0 � NbUc v, EOcO � OO O U C O lp G O _ UA C Uy P-1 U � Y WpN ' QbA vsy O d Y a) o " o ,cct a ¢, Y ›, i-, ,C) 0 V U U 7O " N ou ' o O ca '6•5 ' U 7P 2i Oa' U 0 . ;- O p •.Y _ - 0• Vi -, o O , �ibAOOtJ PPAp '' � oY-' ,, cfl cic 4 4 ' Y H U> a) ,--, .moi .0 �•+ U1 Ca o o y , 3 P" 3a" a) H o U -o Cn > A - H oP da, a" a._U •k �. �r -- .- SM-, Pz, Q O" o O 5 U > O P. =, U U o,›, PL' 0 U cd �I O T.' U o y vi _ cd Q Q 4" a j .t' ' p `i' .- OU t+" '-= '' S".. E 'C UJ ,., v) U 7 U Q o to U cC �' �. U .6 '6 . U U U . C C4 en o 0 o o a) o o �d" . C1 V OU O OU .° H cC3H O P.0 u, '� .P O P•• •P cka 3 H et .'O" /-, HQH H cu kin 78 1-1v el M a N — O Ca A w Z an 04 w w E . ct o E� . c A o a> o o •�" o U 6> P0.P"y Q U C P" Y 'O W YO O .4 ca 6 ,A Q o th et H Z el o= = ,..0cd ,.O Y E ,L9 Y Q A. cei .•_I Q0^ y u H U (� Y V1y V] o a) y O Q Ya Y •e-, _ •O C cL =O aU, RI 3 0 o U P4 caCZ U -0 cf.� QU s-, ct O vc•'U U " + 4"Y Cu4-4 ' aR -' s•., Co o + U00O 4, o bA Y ca C Q U p 'a � 90 bA .rOC P"' C Uca U P '. 0 • o O C 0 07.1 11 ., .� Y �O A. -a, ,I)) mW Q-' PO ca U� ,.= 1-) o_ : cC s, 0 to P, U "C "' C..,) H � �° �P, ct �¢ d ° .50 -,, , N t` M C3 N M 4 ,r CC 4 u E u 0 P. Eo 0 U ° • i.) CO rN Y cA bA CI cn VI J Q u d c, u E Cr= „ u Aa' k co CTIC4 M 0 H U CT U •,–,m M a N o ti p. Z an 4> E o Cr U E g v y `O p a 0 cd •-i i a> y 0. d p 3 o _ O 0 .bA O y pa) y N a m ' ctc.;> OO C7 0 ,o 0 o N �O 0 O Y ,,�,' N N �..' Z elo w° o o o o O cd 0 ct o ° ct s ;>., Q, , ° to o Cr }; 0 0 0 7 0 >' sem. P.i c .ai N o o o 3 5 ° O Ct .ZSV O .- '. V N y -G O N . • N • YiO df) ° U _SD Yy4w j Y ^ 4, ct • 0 C ct 0 OCr p "1 O cl 0 0O 0 N V r+ , O O ., ^0 O Q c ' c.; " Np ,4 r� U ° N C NN Ct E CG V.'. 4i O cd 0 O Y O ,_, 0 vO > O cd 0.4 o 4, a a N O IDI ,0 Ot", O 0 4y ct qq O d cd '1,-?, ,� O a p Y .y Y O O y O 0 ,A .,-1 V Q, = E >, v N Y 0 • 4- x O ° G N v o O6 U N O ct N -0 i w . r--- -r Po 0 Y � 0 o o s ° ct ' 0c6U U 00, U •---',1. 4, O 4 — O O w 5- •✓ r9 r M zN- co -o ce = -O 0 . a. Y 0 .° ) CC U7 ,- .O to //c�— d G "'� rte.' 00 .-+ .-1 N U o ct V o N •� CDT- O - 0 E -d ca c2i ¢ O • . an O •• • 3 N cC > c sv O VO O . o0 C C; o V7 a o O of N cid z " N G•. P-1 o bA C �'' U • •d?, U cdd () 0 •4 a) .y S". "^ 'a Qr 1-1 o •r ^ U O cr .--, ra +-' ,fid, cd 0, '� O '5 • o amywo d 'a i > E Aa' t - O - cd Q2, Y o s ' "" ,..) 0, 0, — Q 2 o Eet 40o d CCo p U (1)) . y E- oU > , o >, 4y ,0 L7.. Cc Cd `n' I-H, Sc., Y cr •Y Y Q] 0- Y1 M.10 N Sc- d -, "E ' E t aa)) d v.cA o ca y" 0 ," � • '' ° co •i p o 0 o y -4--, 'o a) °� O o s 00 4.4 cl Z c b C.) H c) E-- H �" Ya E .c'D_ E O w O o F- N F. . sem. oNh ▪0-1 C14 o ,....4 w w w Ea ;� U a01 > 2 fid' d' d' -� tiCA CA CA CA cu C. ct• dof A� ;" A _ o 0 on aA"o '� 0 O OCC s .- o my ce a> o oUat bA - dCtw C) UO '-CI Z �� C� = Co, viN m I t.71 nN .• z -- - � OQ V 0- O U .1 ' • Q O 'DyCI aq O Q • V Cj L}i� gn " NN O � Lyo-1 0 dN ca N o4, o 0 a 0 1:1'..r yG 0O W j ,4ccl Z o - U cd ,y O~ - }+ O ] O U ., O a) N 0-1 C O ) - • s. •� s L ca. O ma •�, +' • f _ o ' , " 0 ,, `•• d O U , , b Cti cdOOC-1 ti) N ab to -I .. a.) II o - ,nP0 .2•:), Cd o ,4 Cd •V2 VU VI ,4 d o Q1 � }� Cd Cctc a) O , r. O O r4 Q 'L G O CI) b cd ba) W •, Od QR O � 0 ,� E 717> 8`n ,y N s0. , cd c) 9 o ,b cd ccs '� w 0 .--. — o cd N cd I) Y o •C .O2 S7 'Eq) V '�' O ,'O. D o Oc •, 0 'C cCd > cc ,„ 0 O 5, rt) a) ° 'O ... v) O ,, E4 g • cd ,-Co '' o CL) o a) o o ^ 0 0 0 a' Q) •'. () ,� ct Y �1 .--i ', Cd fl-I '--` 0 3-1 Cd M O .O P 'j, ¢ fl ?, w a) .-, ,V N CS cd 00 0 O C C U c v' ci ,n 0 c• t^ 0- C O o O a) C CC 0 0 0 pH CC C- b. C O 'O •.. C a z0 o CLI 0 a) E a) , ,p o 0-, o a) a¢i m ap 0 .-.2 ^'� 'C aa)i O "p a) ' v, - HI OU HI -C 7-7 O N OU H c'cnn d ua OU �•1-•." O HI -0 o st , ° s). E�-� rn N viic. 0 c� M O 70 o -d by V) y -60 U O M �' O a) -a' bq L P.,, 'd .w� a a�'). - R o .5--� o ~-.=� • U cet = ct 0 • ° ct ° y , u Q E H ° to o o o V o !DJ) U F"pp v) u) ° ') o -a d 0 -o y, ° OO° � 0 •.'„ 0 3' y ] bAa P-I ,„ H Q. c-a U 0 .00N up U S"U U U NU U goy 11 rA5-, N � � O ° U -, 0 ° U 11 b - .� w � 0-0 � � y= � :0 a •_ >cr 4 M-0 o F °� � • � � � m U y .7, o cU o 0 ct ,-0 "C " ••' 3 ° u s. ' °, -acct , � � o � � ° �'y V $ "0 rn° -. 0 c� O 0 0 O W y -. a g o _4 • 5 H Q. ? : � • ct Qaa o tf a , 0 y 0 •- y d Ua = • en _, Q °' y ° Q ° o CI EoZ H . H Ha71 v] ,nZ Y H � PH H4 •v4+ L) -C d O boN C.4 E ^0 O 0 a Ct AW C. w A 1-1 0-1 C14 eoo w rto w Ea .. H zH o ct ao i N cto w I. 0: s., A-I°: � C-1-1y y •5 ° c VD o y 5n " 4° o = „2., o• -o ,x C ' F7 ° CZ Y oc0 G ,v + '71 0 FrI• V 74 `t a) �' y 0 ti) —' O V1 �' r" '� bA = y .� aU) O 0 a• j � g o ct c_ i.) cC v O i9 P•+ bA'-1 �' Q, v' Q. ° p Q.' S..4 0 y a) O V p v a, TS w ° ' 3 —, .- d ,o ° ,a -0 0 ani N cC ''' CLI V' �' ° •,�'. p'' 4W 40 Vl- o'N uP O ; ° O = , 4'.'I a) O cij r-- > y Yi by•,7+ Q-I ° 7-I o • '4 cC cC 0 :1 .t". „1 > N •- bi N V' r� i�. all t� asp) 1� d °) o 0 ri N M v o t--: oc - -= ' a) zip o y a 0. U y ,�,, N ,�' S:," L Q O.-,- -d > cG 4' P O C P. c = cd N O 3 +, O ,_ p 0 w V .v, cl N O P. V U U O W O ct 'd U .4 cCCI 'H 4 O ^ '5 i-' U 'a "-.0'• 4 N 0 Ati N p N c�Caoj a) 0 N I . O O • y .yo xon Q o ° F" _ _ U - v� � 0 E N '� v' E '• 'Y t i g Pr N I .� Py '� O -1t.,, - ,-, cm O V O bq Y + Q V obi) ci) ¢ V ,4 ,4 P� Cd. ,-o •v, P- •� O (] _� U �--t •�--, 0 ,Q-I L ,) (T w Vi nom.! Y C• SC C� .� .•--1 7l Vl •- CA U ca . c 0 $-i • _� p O O O p Q 'C v ,.. d v M �.. o ,„ • ti a, O a+ D W U ct A- v O 7--, O O ani U r O O - 0 E m U U V U - 0 c0 ct d Q � Pr d o a o d .� d Qr' _, o -, 0. 474 ow . ri •., 1 cd _ ct Z c V:::, H 0 9. V o E a S' s� H o P. a H V o o O N H �., H •--, 4 H P. rn H -0 E -0o 0 0 :• a � � C.7W W C7W W 0-1 C14 = za w za w cA 6T4 0 : ;7., ti PO oczt :• y"ti CLe ,� .' a) 0 bq w V ., a o CC CCt ' 0. • r.•i O •o ••O •-r- -a, ''• cd CCF4 711 � W � 0 ooy [Aa' o -off • c,._, L" O O m -• N 0 aJ O w 0 a) Q a� . •0 c) U O U Ito w g 5 . a.) ct �ti O C O E vp U rYi� �" aJ Oti,-, 0 cA •cd ,-, U O' E w v 0 C O0 w U cJd O U O -0 cA R. cC C.) • O m C y 4O U ill +U-' ,� U o O as �? w o 0 5 0 y y aT ami V tic) Q cL. E 'v, C%a 0. ',7) F. Q d O~ E"-, O., d E c, 0 N M O , N a O 0 0o p -a a �cr,- U `. ° �ti L., O 7:$" E �, u, ¢, U CI cr1 a _H .5 O Q a) O v� ° 0 0 7 3 on -- a) -a oa) 3 >,,kit o -a- 6 Y , caw Y CA 0., 0 O ct N '� '-O .U O U Il .� Pl-i L". N �' YO 'VT O I) a = 0 a) d '"O sir Yri' -o 0 CO a, 0 si.5, as at 4 � d ct � ,4 .4 41 o 2 a. • o I^ /•.03 � O P. }"�' N Y G! V .-. I) Cd Z at b •1 .Ti O P., o H 4a H H cn H ON C.4 ho E .. O bA Oczt , r.- Oi bU a O A^ a ° N U bA b.1)•- c .• S V YO O ct OU U O ° YOU 0 - (-1 , a.) 1:‘, U y 0 c• cat cat ct W^ U ^.I ; ° Uy O Y Y = O O cat g O 71 + a� S".I g 'C O 'O O + U U ° U g C .nV O CC O Sb,.-ri O •El .9 C, 0 s.. •••,"", +' Y V V ;-^ `� s"1 0 ,Y-, p O ,sl' O 5...71 OV C d • QJ "C t41 0 -I. 5 ° , o =0 cat E C V Y Y 4 0 ct ell E ai >C b a) O O •O b-0 i �, o 4 '-a 0 0 ,C bA O, y O v, cn ...0 ¢ cC ¢, c,3 O H " w a cG cC a to N N ,0 1 ›, 44 v, y O .,� O ,Ny U O = blJ a> O a� '" Y a V o y a 4 ° •0 v, .- N .. 4 r `h' O s-i N O 4; O N N v, Ll, O ° O 0 N cd •••--. 00 cct '0FI Gfr - U F-I • . � N O C1 4,xO0 v Ci O O O to m O O , O I) a Q CI 'C ,� 0 0 O v <_, � bA 1:50• QO ° -„ u ' � d ° '12. N Y Q ,4 ° w od R,Y O r=1 5-I d O,. U `.- v, 0 ...C7 `. O ¢. C -, -r0 N M • 4 x. oc oc o L". 0 0 ° a a, o ort 0 > „ c� � cG 0 y y H = Ti TY y •-. y ct y 0..i ,, 2 d ¢ • y Q a s O cd _.0 ': OO : p N Q ° � cc o a- U , +' r p0 ° VNs my , v' .' ,.• C g^o Z S C y-o o o p.., D' D ,� � . m — - ' y ct � . 1 .�7 . y yL,,= 0 i cd .--,c. . Qn .� 0 w 3 � 5. ; ,y.sy = -' to O O 7 N O o� o •-,t'-, . O- yO y - O G . Y s y _ � • "3 N o V 'Y 3 V C — 0-, = o'O c, y O..-p,y -, E -- V o, 0 °' 0 o J o ° ° ._ = '•= L". "� y,`„ y '..boy �' y '5 — r1.. . �u0 "zi,.z o•—.,0 y o ct o = = m 'o O c- „ y O .0 ,, V y y 0,, O 3 d y ca, , a' y.5 rQ -., y p, • �Ca c. ma5 'bA So ,5 y y'"o c. V0 Y X10,�•;' ct o -', SQ.ccs .y 0 � H � d L g Y _ o 5. , . 7 ° ,' o C a y 0y d'~ • Z l' 1 -o s~ . . c , 0 - 4,4 0' 0o � ° ya' °sO SQyA•- ~ � VQctC/ O +y.y Y-� -r° -ci yV ¢ iQ. ' V -i Q' , }.y Q. V cd E y y y D y y:,: 0 P, y c,-, Q ,d gyp., ¢ c 8 y 0, 0,. 6' y O 4-o 0 cd ct, ° u'� „ °jam ,o y1 ° so 04 o. 0u , o E = 05 , ,� 5 V s•-• L V H cC H H Z H a, H Z P. V Y H N N U]-o S Q V] -0.-. H V P. H V).,_. C to ,Or cz cle CC h 0 E A H ct ct w ifli• ¢ w0 a C/) p, U U bACAG o cH y s•. `� C C� O s- yW �, y+ y y , ,i;,:' pp c� cd bA Gd ._. �O = -o y 4i m -c-"ct ;* s-, 0 ,, y ° y m y -o O 00 o -0 "' ? o p y �, ._ o o r"ccs a h p U 7p c>C c." o Z G " o y 5 rt O F� t +� s� � 'o ,x y N o o . Z exi r-; co cc ccN DO GC 7 V ocN Y s~ _ 5 F" }' Y a o , ' Z -a s-• 0 Ki 6 No 1) bon � b o Y▪ o 0P. = .5 y p to o o N ¢ � 00 4-i •--. oy bq T p , •d ••y Aa yU,, Y "C W rn •,-, ° ami .. '—' •y 2 pq ° a _a cC c0 O'- `Vn a.0O. ,� v] O 0 Phi..V-, s1 t , Y Q • U P. ; U, U B (L) V ' O ca c) P mb 44 1.1 CCP v CV (-1-1I U P-p • �+-' "' P. V] sV o. U s� PP , " N cC o c" —1 O ;. Y In 0 inn cct• y o0..N ''- cn • N S V V .it WY I y y 0 .._,0Up m U N czt 11 p .. O � O yVV>c3 O 0 P 0 O . Qyc6 p C•- V 1---- 4, ct cb YtiUti NUp ,• • 0 � ,-, W Y ,- � .-, Y Q c.i. .., c-, 0 (L' �� �vcl> E y >.� o o �• �; o . a � o �� °gam •'" p U >,d.,. � � ,1.1 ,) . � o A' - c 0 =' o Y , s O U) 0 P. cC H H V) u= N H H O o. V H O 4. rn Y Cil O H 0 44 E a A A F U w w Z.a N z0.1 cu00 o 0 y F" F ZO r-ii 4tt Qi� a U a I CI Cta> p o m cC to,.p V V m to- 0 bq es °' ¢ p.,o o u O -8 15 = = bin• '0 N o o - •- y N cct y m R. , >„_, • b-0 V • O~ O 0 h 0, -, i, . '---' >, O V , PC 0 ,-0 YV cCY P VN• cof o $.. -0' a p +p "� 90 • emd V 0 . O � , = � tO. .JN s, • • ovUE c ,n 'a' :4 �, O cC �O >, V CAV O N0 o. C n V cC- b t.0 v • oV .-.OR $:)-, NcbV V 0 '0 H '7,1 Yv) > P' 3w e O Ep M . , PNpN 0 1bAg , Q" O �,� y Li-1 P _ � ^ ' O Yo-, VnP-, . ,X I-) a, O � ff4- V 3 p by Cn - � p s" p Y0. In.. N tit cC V A. ' p `" • '• . G .0 0V y O P • 7 . . O bq p o • , S=, Y a Y 0 �, V ^C Y V p Y U r) CC O 0. O cC CC 7. S-4 „0 VQi fn C/] pU CC 3 N o. b cC ,s," CC 2 F- ct V] V, OV 0.•- O DC O °p Z 4 x.x. m N 4 4-1 Y p J a) a.) i, a) N, O y•O p Cd y s O O s P -0 o :- $_, o.., = o P o.' . O o P Oa) p ct " N ) .- oa) ' c-1 -1 V� Oo Uo cn UC2 ' 0 0 P Y o vp o'- p bA N y 73 O cd O'� ca O Y O~ 0 p a) U Cr) P Ct "O }" •to Y s� 4-i . O o ,-' y a) o, a) V W s. ,moi' 0. n a P 1 O • czt , Oij [ v �'p-, Q,E �. 4y aP) o o ap) ,. o,° °P.-a - o -0 o . y C7 a cll p � 71.) Eo a) • ct °' Tt V, • oqo onr„ C 0 •rP oI � ods ooo •4 .y • Q� �° v o � . r,-, � y o • abA xa) O ¢ L s= oyI.* 'C m oo 7, v -O s-• va 4 cn E •m H a] N O '� .-• O a) Q -gP v' -a 'o fn P '� P-i p N V] ct N ,t N ..CO. 0 , Y c: '� wry! E 0 I/] ' p C" �' � -0 ct o iy Cd P+ Cd U 'rN c3r. u , 0 's" vk E . M J Il "p A-• , c,, o 6. pr 0 cd , • > M am • Q" O N '� o O _ = a4 -py cd v, d 6. VV • U d 'g c,s0'" • � .'" �� ) `� U d OQ � • , p c ,.. 5_, . ' =C ., ct F-, cd �, O ��+ by• �+ �" ' V O — p,.., '� c1+ O cf.,, ?C , ^I o p .o a.i o N -B •s-, •�:' 'b p Q• O +� N > N > p a) p U *��' v �°d o U H L1 ovo� H � -o cl � °J Oae 0. H %) = H ,-a� ' v H �w 3 0 0 04 AO 0 ' 4 �.� vim, `� h O it A H WAo Ct � WW - cu My ~ a - - 00y •Oi v �% y 0ti Z E, E, a-7/S'' Oot /S a U i c ti -0 to a) 0 O ai .. oP o N N W U �." P y-, cd CI ct c., W 70" o > y + v a) cA Q v +1-' Q .o O o 'C o cd P Z .;; E o -c m .� - a. u ct o • G> 0 p _ •y Cd �. tzi�� S p .4- -C E N )1:14 O M i-, p N . -.1-, '1. oV '� r .�+' . up LC W P, , V C. -+- Z E . 0.1E a ) Q N O 'p" O 8 a) P U U y O I, O o. d• ) a) p W p cd cd C -+-• P.. a C N m a7 0 o m C o • U gyp. C ^t : > 6T -I 3 O a~ O co = m m m 0 •m o •,y.. S11- -C Y O -• i-, Y �' Cd y U V = it O -� O � C ' 1 m cd .E-1' S=1 v' 'd N cd .� O M Oa) 5 fin-, N cU CL) .6.6 o o O '-' O0 O n O O Z ri ce c 0 N Do 7 y Y ,maV o OA ° '�y P -U 'C y 1D , q Q O 3 F- Y Q 0 b c. 3 � 'i PQ ° � 0oo 0 � 3 -, ,gip 0 y 0yyY � Y ct ° ' ; = '~ oma ° ° C � Vico ct a, . � . ,� a - --10 N"8 •O ,Y0OOp ' O,c, � c.4oNN � �-' �" , .Lc0 � OO ' ' bY up • 17: C) p ,'� Y a. ti `� 2., Ep•; O '2 0 .� N ct oO y L) E �, y v ,� a0 O U ,, ,� y O y ' 'O :-. P. U �' V1 44 � Y �" C yCi Q ° m O ;� ot m P-I y 00 .-g '-° 0 �' • y 0 tea) �v 3 0 N ~ -o p, c4 0 g ct �-Io Ey � � �w ° � ' a y E cdQ o o; ° � .0 .2 -o o ^, 3 0 0 Q"' 0 a) 0 a a, 0 '0 0 °, ch o CO, Y 0 ct a? ° `� 0 Q O t-, O S;cat y P„ 3 CS 1. LL °, 'O cC 06 'iySl • ct1 ,, Vl Y Z •,--I > ,� C 0 s" y p ¢ O ° v Q O~ o "o -p E a 'd y O m Ei" Q Q Q . y.-, . a P-., 0 Q tea.,, Q C/1 ° o 0 c4 •� 00 ,n �O y G. �,g . O O ,y ,o ,� •> j °" O _ n „ -a 5 O ,o o O,p „ O' a ,-o p . 0.,� 0 V s. cd OO V H H H Q '0 ,•y, 'Y F-' , w ,D H H O c�.-. P. O Q HNP. cc c/ ° eal a = N Z Ar c,) h G Ex t' - U c44 W 4 w N OI w w A �" - cOA zt C E O Uv., 0 0 •--� �i ° � VD. o FL O W ,� Z .- •Y ,t g O v:. O 0i O � 0 � z .y 3 - . - '�-I, O g y 0 y CQ ,�' 'C3 t-, 0., Ste, ,_21 •, , E, �" Ove Y La, -0 �., 42 N -� ▪ � 'y 3 C -a 3 •-•••—, 0, •7:3 ,.5 Q, '▪ � •'B y v' •., cd y Y 3 LL) V p y H , 00._ o CI c cd °a.3• O + 4- y O a, O v O ,U a �" i- Co SY cY3 Q— sy a) Q ^p y y y Err ll Y o •,-, ami U a p C .° i '5' v°, ° —0 ,, ° ° Y Y : 0 0 0 x = .y y bA o C O �— CC•I �O-I ,C", ,�'", N a'Y ° V] 0 4^ 0. f0 n CC O r NM l-- Z 0 N Do . 7 4-1 0 0 -- •o S U ct ccs 6" O Oo , ' O• m O Y p y y t� _ i- O "' it "0 aE .o ° a ° E p" ° Os~ Y p -, y0 p, bA a., a) 0 ¢ a) O •-- by O � o = E ', CJ0 r czt 0 ,-1 . , y p � ca y4 dy CC`Tr � o o .. •' .11 • Z ) -,y OQMy '°' , 'd fl.• ifl. fl.'3 p. cl 4 � � a � aap d d d d ° d V it i t U E O d E a E-1 E-1 E-1 Or Cle 0 h E `� U a tO 4_ a> � -1 U ccczt ▪ C o � � 75 4-1 IN 5ct � O 1= Z cn & Lo V] _�`� Com/] ° y i", O .ti ° Q ^� F� 'may�\ �, i'-Fa-1 N '= W N p,, 0 = 0 Tt o v] 8 0.O a a.1 - 0 3 .. o � = -o -5 c8 • o ° O 0 u °n 0 ad 0 a) y o Z i , o - o 0 0 V wc , , � . =oQl � � a• 3 � � � a) >.., ct J °=a� aa� . � �o000 CI • -•G ° A UN O0 .y O v -', v - 0 O -0 to 4, 4by O = vi CLI 0 O 0B CI N O s. ,, .La) 0 i- O 'C N N .(4 c th cC cC = - w oa' r to ^ = m6 u ) Li) ° O os= o • pO O O N a) ca s. 0 O i. v ctc ,' 0.1,0-1 Q a) ,4 •� . 73 O °od ' s' ) N . o r, U cC ,tpOo 0 ,� O• N 4-1 N C4. cC 4-1 ` � " - " t _ A.-, - ta -,-- g s.. a) N ° a) SC s- . a) O S- tutitij= 1DC)"' G N -C ✓ i•, CD '� ,-•� ° N �11•Y ,C O Y 0 o 0 Si 0 •.,, ,-,--, •= .g ct 0 4. S-+ a) iCI �-I C�. • _g O '� v; a) �' 0 a) c 'o — 0 0 •^ a) tw 0 '5' . •g 5 E- = ',� L7 L7 L7 g E-i o O 0 0UiIH p a) • 'y `c3 0 + d O0 P. d G' ct Y G� '� U u a Q o 0 N 7 Z E CLO k E ■ czt or M - $ E u § u k 0 § C.) 2 Q 2 aid "t m 2 2 E m ■ U • I) § 0 • / 0 � q J a § § 2 U / \\ el� / \� \ „ \ f\ j � ° ° \ +23 : u � 0 ( � \ / $ \ ( ƒ v 5 J ) ) � § ° ; ( •/ \ 0 j \ 2 "0 2 = .9 \ \\ 1j { \ iCL, _-,, & % / \ 3 \� _ . [ ) % �� G % / ® 2i ° § 0g % ' - S l) \ © \\ g e ; \ \ § / w 5 2 o a &\ I) \ 7c \» « .a \ ) \ \ ƒ \ \ ( cD rn QauwP ; "& ¥ \ / 00 00CVDO§ 4 "'0 y cC L" .� F," O a. • w • y C •- Cl L N ,_= O O 00 y O ct z/] �, y V p. O p 00 ,� v O O Leo 4. yC H -5 . 'O y .N ,SP. O N R.+ c� N 'C ct 4 r-' �-+ N �" �`' M VO M N ,� O cC y 3 > o o a /t o u o N o N C�2. O • Ti +'vp y A� O '� c/1 > py N O P. N 1.. ca O O 3 O • cd 0 y +., O' cd y N O U N -' > CEJ C a. 'C `� O p- y O c '- .2 C — _ pCN •O o cd p y O ct y _ •--• 'y > Q '-',,d '> .� O ' b 'r- 0., z , ' G C� H F e O 7 >, ° -o O -o H u ro O >, o C . , • -l.� O Q 3 � ooY3Y E-� P7:71.PoY N � V ~ I tr -5 -0 1-1 I.) 5 ,,, =2. .., = H - w w � y3 � � 0 y 3 � � cct � � � � o o - o o � . o o 'yew C x °' b4P. . Q Q a� � Q o o o �o co V O O cd +-' 3 bA bA ,_7 b-0 y -- O c•� y _ p"" p A~ G, H Y y 'O "0 ,c ' - •- -p •U •g rn O O N cC bA Ay Q z y O p E y A t a; ca G. , p., 0 cC ca O y ,up _ ca y ryi� +� E-1 N O ? Q a y P. k 4. i m A. 0 O v ,_ -I , O O 6 O 4 v 0 fl J ,C c a, v .by y sy -C s, .-1 y ,_C ,� '- 0 sy ¢ C .. ct Z ¢ : UHo. ° HQ ° aaw � H4° Z' Es E- H4° HCH H4° ° F- c O N4° t.e ct ,el• c14a .6 N W W W Q e F. E [cA ~ O c -1 ,� Lam. et T1z - � vii a) w t - a tt U a4i o y y 14 frtl ,A . .Pr ! _ p y • CC Sr O Ti ,-'$-, '� N y y O 3 '4 "d ,b J 4✓ C - O CO y CI -1•• .s • " 9O O .L .. m -• QQ " C R y w C = d Q y U O y p O E CC O y - k=1r=. O• 5O•- O iceCO Cy C U y pO -d o m y y O 0, E O -z Ny 'd0 o . Y+ O N O 4. � ,-.0 0 +' v y --' R O -tZ O 4_' y pc) .-C . C cc > 4 O s--• 'B P. c C C 3 a^ ''" N y 9 i C.4 C y 1 c� p o 4 '" r- r+ = clN .O `45. C yy r'O oom=~ b0n. Y0 40 .5 • C 0 O O ...0 p • ,_gy ,4 .= O O � H y 4- ,A C/ Q, sa, cC C..) 0 o = 4 C1.1 c' N O b �o .^, .2 o a� 2 Q a y y -, a p ti) = U cL, �, w •m U = o o U -' C p d a N ; Y O O J V V a) cd ,..00 ,.8 r-' o., 0 0 '0 ' 0" 5r' y •V cd Y' y cd N cd 0 1.) (t i-I yy NpCV C.) O 0 v' O Tn„ U ' :^ � _d y� aCp.Z � _ o- a 5 a 2 a) 0 a) w a d p, s. b 0 1 0 N 0 Up .- 0.,$.., r O . 0-� •ch Up p . p -o Y p Y •-d • a� —, O s, bA o i1 `� a., ,n as ""- .� �, 3 a, r a „In �. a V a 0 Aryl ' .'p �--I' "o ."0v-�I n, cD ,00 O �bA ,0p.� O 3 .Y 3 Y mt 0 �Y ,. coU • • 0 3 '~ u . E 0 a a • - OO- � � ° CZ -. 7a) vo 0..o.Oyo - a) a. ' 0 ' -o . ni i 4 " oa oo o o ' 0oct a oO o cat o ,) po 74S a Q. o 'O H N U H u HP U E� Q Z vi A A A W W W 70 H H •TO WO 40 CA A A 11 Il IlM CA A A I aC `+- +' N V O cd Q y �. .,. '� '0 ri a) 0.' . , `) .fin, a) cd E 3 p a " 2 2 C3 p 1I F„i a) bQ•,. y ,- Yom' �••� g, ,2 y i-a Yd cd z Y J Cd v' O v, t Y "'ifl •p a v] Cd o S"-1 F"-1 c ,� a3 bA '� �O H. �' �" p0. O 0 0 oYUa a3 Ya c*' . •-. o a a a V o O cd • - v - O y L-, O a � NO Op O � 0 0.-, v] v] cd a) .S' w -0 'o u Y o 0 Cd Q 0 o •y 0 �0' „0' 0 a) a) py — y p G4 a) 0 0 •o .a ,_ cs 4 a� a, 3 3 0 0 v' .55 ,7$ ,..0 -0a5 .o00• s � ' 0 0 o Z Rcd > Yy p0 U • ,� N Ty., • "'o U y .Y. 'rf vi a u y ; cH c.� T V 0 Cd y ti N Y a s.. a a y v I) 0 • o '� aoi �' o bU p ' .� W v o id Q o U '� 3 E-' 0. bA o N N c v- w -F." w Y a 6 -,A 0 o ,�_ a b a bn o. a C o o o Ct . NC o v' •p bAY eztoa3 Z O cd d 'o = Oo s_ o j a aooI cd o � -caDy �Q = Q 0 0.' ' . by H y ai CpC...70 o Q - 1,1 O :cV 0 y ) , p a . -C 5 .� v, o ^'• -p 'O '^ > p � 06,4 0 Y Q- o „ -0 wH ; 00 0000 a • -0 (L) oC 3 . o 2 d2E- -a � Q d .4L° Q ° c. c oAC7U R' N O • • 06 a; .Y — -r t ,c 0o 2 § \ o \ g \ 0 c c.\ / \ \ g \ \ / 0 _ 5 \ % 7 & © «# tom § m _ \ #t § f o ƒ ( # \ 2 » - E 0 L. / . \ 5 ' •_ •/ \ ± ® 2 ) . 000 .e 0 1- 4 \ 0 o °' o -0 . _, O O , y v ,, o aJ cC Q •cn �' o "O W U �' .moi U I) E 3 Iii, �� N ° O 4 W C 4 ct g s::' tO Y , N N W 8 o 0 p4 ,_, W p 3 oo asw 3 - oczs a o 0 o o fj., . O • ,—, p3-1 Y o f ,-= o s C 0O1 i•Y s o o o O a ° 0O O N 5 •-- Y /p o "jo ° o • E y ° = ,. .L o �vywNN a,Z . o o F •• Y0 O "° L w y ' 79 EC,Nt O Q p C N , Y p., C YO r1 N CA a� �i CL N 8 0 W O �, `� o a CA CA o a. CA GJ cC N o N o o bA › ^ ` Y O o +' Y p., YS", ,- 0 — a) bo,Y ,.7 N "0 �" Y o �" ¢. A F+.r. O py �' o moi ' :.a p o c� ca 'O v1 al o w r, .� ovi .-, - c> T . • o F g .- .o • V ct� Q, o p. o ai cd p 0 Q - y y o ct o P o ,� o o PG C- u P r W b U H o H o O cC ti) v H .�H H o a. o 3 H E-+ c) O ,� E-+ 0 3 C? C I C.? ct 42, CI • o �" obi A A A I01 Il o cd • e a, A A- "0 0 i -0 o ,e-',4) . QcM. o o o s O p + a' rN '� N ' Y U C11CJ V o Y � cm • +O O ^' m tC rG) `Q ONm i N O a cLe - t° .1p " o W V ,n '75 OCdI co • is ram bA y Q 0 O -O ct (i) ct 6) m cn o aJ U -o o cC cA n+l "� s.. ¢, L+ a) ""O U '6 Y sN. cC c°'C 'C o +'�-' O O Y o y ' 4-, n+_� O 1: N 0..i '0 'rn C '�"', '�+ CYC Mi .C.C.S O ° j O Y Y y N a) U. Ct -O N ( 3 N Co� O 't �O p.., ct p o O = O , to o O a 2 ? ^ -0 c cC ct rj a ,, 0c1.1 Y 0, ., .O :IV' N +, vO .b ,; C. 0 ' .d a, F ] .L 4-1 0 0 FE o ' CC o O }-1 • cto u ° p v ° a oYY o y . -� . r ,A ..2, •—' C Y MPO's: 4 0J V O 4 C O 4C 0V O vy0 s•. •F.' yNY CI • O 5 o - Opa t4) bAo v 0 CN y o Y bA. F 3 N O o 9 . -O ,= C.Z 0 ct '� J - in4 ° C . p N.. _. cp . p rcy = ++ � v'am� Y Sa O V] o4, W' NYCCC , �. f c rd, O N .y r-1 0 YS �"� p p No = on N ' 'A , Y U E- o U m o o m c� U . 3 �1 Y 3 +, o p �Q M Q m m NJ • -- N Cri 4 L.^ ti O N z ub LoV m Lo co a 0 ',fir N �'r ,=,.' cd cd Y VO N p C x c3 0.. O •E . .V p�..i V '�' OV V v7 0 �"/ 0: 4� •A OV ,- "1 00 O O � m U W owl oA 0Y N p – O cC • O ct � ; U 'a a a ,1) d -O a � OQ U P 0 N nO ' VO o cu 753U Q ,y O U U ^J4- 4-1 N N N U U � U - 0 0 •- ,01) :•a 01 -, 7••i N C +3 ›, V O � � U 0"� m - • ,-; a • EO0 0 U ce 4- U M . 0 ,, O 5 U VV, 0 0 pj U - N T v >O U v) N �+ cis U CO N 0 ° U }' as o Q o d d� O d d 3 dc',-1 d ov -x czt pN W b U H 3 H u.cip ° ,4 0 U N H v] H o 0 H 0 H H Ijil w ° c o = 1 N oewqczt a, o. U c +bz a c., O Apcy. '7,' ct' V Vj 0 ccd iN � 1.) ° yam,U U `.� ' l6 o ' otsks N 0 0 emt o Cr p U ct � 0 `o' = -o -cd d D o o . o 0 0 `t o 0 o k".., _z ',n •" 4H '_' O cC V 4. U , //��''J�. U O Q. '_' "" cd O O U -2 •--" . Y U O O O ''. Z 1 }�.+ — - a , 6' '' ;� ',�, O .i01-4 Q -- R ' • U cC U O U 0 S .- Y O -O V 0 0y or. ' o ° o o S pC CDO 0. 0 O O. d O s �1 Q U psv' N0 � Q U w •� V0 0 rt0 ° o - 0 . Q, o '-'O z b ' . Li.) 6. • V Q Q P b .. O G•, ;.a p, U Q 0. U v H ;� 0 c U N U`' O Lf1 c-1 C -1 z us upLA0 m LD 00 a William P.Kenai t-.✓ Mtv o::��� o, if:'• '•�+.;: Leithead Todd May Director :(•:4NA_ 1"-=.A'.+1; Margaret K.Masunaga +••.� Deputy West Hawaii Office 74-5044 Ane Keohokalole Hwy East Hawaii Office , Kailua-Kona,Hawaii 96740 County of Hawal`1 101 HiloStreet,596 3 Phone(808)323-4770 Hilo,Hawaii 9677 20 Fax(808)327-3563 PLANNING DEPARTMENT Phone(808)961-8742 Fax(808)961-8742 August 23, 2012 Mr. Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo,HI 96720 Dear Mr. Fuke: SUBJECT: Compliance of Condition 0-Change of Zone Ordinance No. 96-7(REZ 812), and Condition R- Change of Zone Ordinance No. 96-8 (REZ 765)- Fair Share Contributions Landowner: 1250 Oceanside Partners/Red Hill 1250,Inc. TMK: 7-9-12:various,8-1-4: various, 8-1-32: various, 8-1-33: various In our previous letter dated June 21, 2012, we incorrectly stated that the costs of on-going maintenance for the Shoreline Park could be applied as in-lieu credit towards the required fair share fee for park and recreational improvements. The intent of the fair share fee is to provide funds for public capital improvement projects in order to mitigate regional impacts of the development. Since maintenance of the shoreline park is not considered a capital improvement, this cost does not qualify as in-lieu credit. The following summary provides the corrected amount of fair share credits available: Parks and Recreation: Credit from Phases 1 and 2 ($3,490.85 x 18) $ 62 835.30 Credit from Shoreline Park Land Value&Improvements $3,486,182.00 TOTAL CREDITS $3,549,017.30 Police: Credit from Phases 1 and 2 ($168.40 x 18) $ 3,031.20 TOTAL CREDITS $ 3,031.20 "Exhibit 4" C 'SCANNED w�4w cohnlann,nedept.com Hawai',Count is an Equal opportunity Provider and Employer Qiannin• c.hawAl th., 4 2017 Jane RP ;WIMP'' Mr. Sidney Fuke August 23, 2012 Page 2 Fire: Credit from Phases 1 and 2($332.61 x 18) $ 5,986.98 TOTAL CREDITS $ 5,986.98 Solid Waste: Credit from Phases 1 and 2 ($145.62 x 18) $ 2,621.16 TOTAL CREDITS $ 2,621.16 Roads: Contribution towards the Mamalahoa Bypass Construction $9,408,800.00 Contribution for Signal Improvements at Haleki'i Street $ 290,000.00 Credit from Phases 1 and 2 (3,101.68 x 18 lots) $ 55,830.24 TOTAL CREDITS $9,754,630.24 Fair Share Requirement-Phase 1 ($3,101.68 x 261) $ 809,538.48 Fair Share Requirement-Phase 2($3,101.68 x 98) $ 303,964.64 TOTAL CREDIT BALANCE $8,641,127.12 Please note that fair share contributions will continue to be required for future phases of the Hokuli'a project and shall continue to be adjusted annually beginning three years after the effective date of the change of zone,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The credits listed above can be applied to the fair share requirements for future phases. Should you have any questions regarding the fair share contribution, please feel free to contact Bethany Morrison of this department at 961-8138. Sincerely, ORA' BJ LE HE TOD j?.}-Planning Director BJM:bjm P:\wpwin601Bethany\Fair Share\Hokulia Phase 2,Amendment 6 FS Credits revised 82112.doc xc: Planning Department-Kona Office Ms.Bethany Morrison,Long Range Planning Division SUB-07-000589 R-1091 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED DEC 29, 1999 03 :00 PM Doc No(s) 99-20626A ./s/CART, T. WATANABE ACTT N(: REGISTRAR OF CONVEYANCES LAND COURT SYSTEM REGULAR SYSTEM Return by Pickup X To: Mail CARLSM[TH BALL 1001 Bishop Street, Suite 2200 Honolulu, Hawaii 96813 Attention: Eric A. James I elephonc: 523-2500 TITLE OF DOCUMENT: GRANT OF EASEMEN F AND COVENANTS PARTIES TO DOCUMENT: ---- GRANTOR: 1250 OCEANSIDE PARTNERS GRANTEE: COUNTY OF HAWAII !- 25 Aupuni Street Hilo, Hawaii 96720 I AX MAP KEY(S): (3)8-1-004:portion of 3 (This document consists of 3E2 pages.) "Exhibit 5" GRANT OF EASEMENT AND COVENANTS THIS INDENTURE, made this /G day of t -4et- , 1999, by and between the 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, whose principal place of business and post office address is 78-6831 Alii Drive, Suite K-15, Kailua- Kona, Hawaii 96740, hereinafter called "Grantor", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "Grantee". WITNESSETH: WHEREAS, Grantor owns the fee simple title to the parcels of land described in Exhibits "A" and "B" attached hereto and made a part hereof; and WI IEREAS, in connection with Grantee's approval of Ordinances 96-7 and 9- 68 of the County of Hawaii, and Special Mantwement Area Use Permit No. 345, Grantor is required to satisfy certain public access conditions to Kainaliu Bay and its adjacent shoreline; and WHEREAS, in accordance to the aho\c referenced Ordinances and Use Permit, Grantor has prepared, and Grantee has approx.ed that certain Shoreline Park ;Management and Public Access Plan dated November. 1998 (the "Plan") relating to the development of the shoreline park area described therein (the "Park"); and WHEREAS, Grantor desires to satisfy the aluresaid public access conditions fbr the Park by granting to Grantee the easement rights herein granted, and undertaking the covenants set forth herein, upon and auhlect to the follo‘N inu terms and conditions. NOW, THEREFORE, this Indenture witnesseth that: 1. Grant of Easement. Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it paid, receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantee a perpetual nonexclusive easement for use by the general public for the purposes described in Sections 2 and 3 below, on the terms and conditions herein set forth, over, across and through the easement areas more particularly described in said Exhibit "A" ("Easement Area A") and in said Exhibit "B" ("Easement Arca B"), both of which are attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assi`ns, forever. 2. Use of Easement Area A. Effective upon Grantor's completion of the Park Improvements (described in Section 4. below) (or portions thereof), Grantee and the general public shall have the right to use the portions of Easement Area A where such Park Improvements have been completed, subject to the limitations set forth herein, solely for the purpose of 1 i) ingress, egress to the portion of Easement Area B where the Park Improvements have been completed, and (ii) parking of motor N chicles used for such purposes in the parking stalls provided for public use, as more fully shown on Exhibit "A-1". 3. Use of Easement Area B. Effective upon Grantor's completion of the Park Improvements (or portions thereof), Grantee and the general public shall have the right to use the portions of Easement Area B where such Park Improvements have been completed. subject to the limitations set forth herein, solely for recreational purposes in accordance with the Plan. Without limiting the foregoing, no portion of Easement Area B shall be used, pursuant to this Grant of Easement and Covenants, in any manner for vehicular purposes including without limitation, use by bicycles, mopeds, scooters, motorcycles or other wheeled vehicles. 4. Construction of Improvements. The Grantor shall construct on Easement Areas A and B the parking and other park improvements required by the terms and conditions of Paragraph K of County of Hawaii Ordinance No. 96-7 and Paragraph H of County of Hawaii Ordinance No. 96-8, as same may be amended from time to time (collectively the "Park Improvements"), within the time periods required by such Ordinances. Grantor will provide the Grantee with written notice as portions of the Park Improvements are completed, and upon such notification, such portions of the Park Improvements shall then be made available for use by Grantee and the general public as set forth in Sections 2 and 3 above. Prior to such notice, Grantee and the general public shall not have any right to use or otherwise go olcr, across or through the portions of Easement Areas A and B that have not been improved by Grantor as provided herein. �. Maintenance of Easement Areas. The Grantor shall maintain Easement Areas A and B. including, without limitation, the maintenance and repair of the Park Improvements. The Grantor shall have the right, from time to time, to delegate this maintenance responsibility to third parties including, without limitation. Hokuli'a Community Association. inc., a Hawaii nonprofit corporation. 6. Grantor's Reservation of Rights. Grantor. its successors and assigns, shall retain and reserve the right to use Easement .Meas A and B. before and after construction 4. of the Park Improvements, for purposes of installing or maintaining utilities or other improvements that may be located on, under or adjacent to said Easement Areas and to utilize said Easement Areas for purposes connected with the development and operation of the Hokuli'a planned community and the adjoining lands, as may be necessary or appropriate. 7. Control and Regulation of Easement Areas. The use of Easement Areas A and B by Grantee and the general public shall at all times be strictly in accordance with the Rules and Provisions attached hereto as Exhibit "C", as amended from time to time, and incorporated herein by reference("Rules"). In the interest of preserving the safety, security, health and well being of all persons using Easement Areas A and B, and the adjacent lands and uses, the Grantor, or such entity as the Grantor may designate and appoint ("Management"), shall have the full right and authority to enforce the Rules in Easement Areas A and B, and to take all actions permitted in the Rules in the event of any violation of the Rules, or the terms of this Grant of Easement and Covenants, by any person or entity using Easement Areas A or B. The Grantor reserves the right to amend the Rules at any time, subject to the prior written approval of the Director of the County of Hawaii Planning Department, which approval may not be unreasonably withheld. 8. Restrictions on Access. Management shall have the right to control or prevent or limit access to portions of Easement Area B that, in Management's judgement, pose a danger to the public or that require protection from the public to preserve the area from overuse. Management shall also hay e the right to restrict access to Easement Area B during the periods that the public parking area shown on Exhibit "A-1" is full. Management shall S also have the right to control or prevent access to Easement Areas A or B in the event of a County or State declared emergency. 9. Statutory Authority. The Grantor and Grantee agree that this Grant of Easement and Covenants is intended to comply with Chapter 205A, as amended, of the Hawaii Revised Statutes. The Grantor and Grantee further agree that the general public's use of Easement Areas A and B for the purposes permitted hereunder constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Hawaii Revised Statutes Chapter 520. 10. Satisfaction of Conditions. The Grantee hereby acknowledges and agrees that the execution and delivery of this Grant of Easement and Covenants by the Grantor, and the Grantor's performance of its obligations hereunder, shall satisfy the public access conditions for the Park that are contained in County of Hawaii Ordinance Nos. 96-7 and 96-8, and Special Management Area Use Permit No. 345 issued to Grantor. This Grant of Easement and Covenants shall terminate automatically(a) if County of Hawaii Ordinance No. 96-7 or No. 96-8 is repealed, or if'the lands described therein are otherwise rezoned, or (b) if Special Management Arca Use Permit No. 345 is rex oked or rescinded. 11. Abandonment. The Grantee may voluntarily abandon all or any portion of the Easement Areas, which abandonment may he accomplished by resolution of the Council of the County of 1law aii, and upon such abandonment the casement granted herein and the obligations imposed hereunder with respect to the Easement Areas or the portion thereof so abandoned and which has been described in said resolution shall thereupon terminate. (+. 12. Clearing of Grantor's Title. In the event of abandonment or termination of this Grant, the Grantee will execute and acknowledge an appropriate instrument evidencing the same, in proper recordable form provided by Grantor. 13. Condemnation. In the event the Easement Areas shall be taken or condemned in whole or in part by any authority having the power of eminent domain, including the Grantee,the use of the Easement Areas allowed by this Grant of Easement and Covenants shall not be considered to be evidentiary of the value of the Easement Areas, and the Easement Areas shall have the same value as the land adjoining them, and all compensation and damages awarded on account of the condemnation or taking shall be payable to Grantor, without any apportionment to the Grantee. 14. Encumbrances. The Grantee will not commit or suffer any act or neglect whereby the Easement Areas shall at any time become subject to any attachment, judgment, lien, charge or encumbrance whatsoever, and will indemnify, defend and hold Grantor harmless from and against all loss, costs and expenses, including reasonable attorneys' fees with respect thereto. The Grantee shall promptly discharge or cause to be discharged every attachment,judgment, lien, charge or encumbrance of any nature that may be filed against the Easement Areas or on account of the Grantee's use of the Easement Areas. Should any claim or lien be filed against the Easement Areas, or any action or proceeding be instituted affecting the title to the Easement Areas, or imposing an obligation on Grantor to the knowledge of the Grantee, the Grantee shall give Grantor written notice thereof as soon as the Grantee obtains knowledge thereof. Notwithstanding the above, the restrictions against encumbrances contained herein shall not apply to any civil fines, liens or other assessments 7 made by Grantee against the Easement Areas based upon the failure of Grantor to comply with applicable permits, laws or regulations w ith respect to the Park. 15. Construction. The terms "Grantor" and "Grantee" as used herein shall mean and include the Grantor and Grantee aboN e named, respectively, and their respectiN e successors in trust, successors and assigns. The headings of the paragraphs herein are inserted only for convenience and reference and shall in no way define, describe or limit the scope or intent of any provision of this agreement. No party shall be deemed the drafter of this instrument. If this instrument is ever construed by a court of law, such court shall not construe this instrument or any provision hereof against any party as drafter. 16. Assignment. The Grantee's rights under this Grant of Easement and Covenants may not be assigned.. 17. Governing Law. This Grant of Easement and Covenants shall be governed by the laws of the State of Hawaii. 18. Modification. This Grant of Easement and Covenants shall not be modified except by an instrument in writing signed by Grantor and Grantee. 19. Entire Agreement. It is expressly understood and agreed that nothing in this Grant of Easement and Covenants or the use granted herein shall be construed to convey any rights to any person or persons, including the Grantee, by implication or otherwise, except to the extent expressly granted herein. S. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. 1250 OCEANSIDE PARTNERS By RED HILL 1250, INC. Its Genera artn r /4r 4 By. . s : ' u ' . : S Its VICE-PRESIDENT "Grantor" APPROVED AS TO FORM: COUNTY OF HAWAII 2 BY D pnty Corporatio oun I Mayor ("A/14 ,Assi. "Grantee" STATE OF HAWAII ,, ) ss. CITY AND COUNTY OF ) On this r-`' day of�:.,p - \D r , 1999,before me personally appeared p,Lyc.-,, L 4 L._...-pti.•ey S , to me personally known/proved to me on the basis of satisfactory evidence, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. Atpuit•:\ , c dName: 0 c r. * ti 1•� y £ Notary Public, State of Hawaii 4--unmitt HN�`� My commission expires: k � .;GC STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this .$ day of (3 1 b 1949 before melte +NE-S• nil 1, a duly commissioned and sworn Notary Public in and for the State of Hawaii, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of the COUNTY OF HAWAII by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. In witness whereof, I have hereunto set my hand and affixed my official seal on the day and year last above written. [Seal] - • s N-atary rublic, State of Hawaii . - mission expires: UL1 . n, , (octzeu ,ne, 5 . Kedim.S( DESCRIPTION Hokuli'a Shoreline Park Easement A Being a portion of Grant 1651 to Charles Hall Situated at Hokukano 1' and 2nd, North Kona, Island of Hawaii, Hawaii Beginning at the Northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,863.08 feet North and 1,932.01 feet West, thence running by azimuths measured clockwise from True South: 1. 63° 00' 146.46 feet along the remainder of Grant 1651 to Charles Hall; 2. 26° 00' 214.09 feet along the remainder of Grant 1651 to Charles Hall; 3. 343° 30' 45.00 feet along the remainder of Grant 1651 to Charles Hall; 4. 77° 00' 310.00 feet along the remainder of Grant 1651 to Charles Hall; Thence along Shoreline (Vegetation Line) as of February 10, 1984, the direct azimuth and distance between points being: 5. 188° 25' 50" 397.97 feet; 6. 272° 45' 455.80 feet along Hokukano Village to the point of beginning and containing an Area of 2.59 Acres, more or less. Note: Description compiled from available data. CU NN/1c 680 Ala Moana Boulevard 0 LICENSED y BELT COLLINS HAWAII LTD. First Floor Cc PROFESSIONAL g• Honolulu, Hawaii 96813 LAND * SURVEYOR * ,/ December 3, 1999 No. 4188 ;;Cir'z �� /ti✓ �z�2--� �wAll USP Licensed Professional Land Survyor Certificate Number 4188 Exhibit A Page 1 of 2 Together with non-exclusive easements for access purposes over and across Roadway Lots 14, 15, 16, and 17, inclusive, and Easement Area 14, as shown on File Plan No. , filed in the Bureau of Conveyances of the State of Hawaii, Exhibit A Page 2 of 2 1344944.1.051730-3 p111611pil iii ---- iiiii.....1111, 111 0 In g rf IP.4 -4-11---------*-2,0,41411,11 Ill 141 oramifta iii r-luourgivirlin4P--",..11 Pp..„,,v010%Vis W,„fa* 111010,ior 4_,,, id.ail8%04 41414r WfrVIII:Pai I 111W. �jwin ilrarl" '-')iillak — .�•pA pi 404bAtiv 4 a g g. all ° P4f#AJI*0.-AINt___Lkain rmit �. AT Illall EASEMENT B ,w'' �_;' z,1},j'_'r_"` 1t o `EXCLUSION(Old Trail) PART 1 li''''a'::`r,:„' :•:: ~'r" State of Hawaii(owner) L'tlrr'•'ur:. k#.7g'w:t' - •:.1. Patrida K.Wall •rte-;;:-•'`.. =•$s:■ _ ::::'•'•� (Owner) ; � r -',.^ Slat!Of Hawaii fiir{='-.v....- pa/nor) 'r :}:'r'':Tr�r Fn.�•�,n iii:::� :: • .......-. EASEMENT A - S A EASEMENT El,PART 2 HOKULI'A SHORELINE PARK EASEMENTS DECEMBER 6, 1999 LEGEND k, ► _ EASEMENT A NO"TH :: 1800 000 o 1600 • ?":a:fi;=r ;!fr : EASEMENTS EXHIBIT "A-1° tt GitAPlilc sc .E:11n.=1600 DESCRIPTION Hokuli'a Shoreline Park Easement B, Part 1 Being a portion of Grant 1651 to Charles Hall Situated at Hokukano 1" and Honuaino 4`", North Kona, Island of Hawaii, Hawaii Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 3,386.18 feet North and 1,381.18 feet West, thence running by azimuths measured clockwise from True South: 1. 193° 00' 384.67 feet along "Hokukano Village"; 2. 275° 46' 30" 146.99 feet along the remainder of Grant 1651 to Charles Hall; 3. 180° 50' 207.12 feet along the remainder of Grant 1651 to Charles Hall; 4. 92° 50' 30" 103.81 feet along the remainder of Grant 1651 to Charles Hall; 5. 193° 00' 80.00 feet along "Hokukano Village" to Shoreline (Vegetation Line) as of February 10, 1984; Thence along Shoreline (Vegetation Line) as of February 10, 1984, the direct azimuth and distance between points being: 6. 200° 50' 37" 719.11 feet; 7. 266° 10' 60.01 feet along the remainder of Grant 1651 to Charles Hall; 8. 176° 10' 101.90 feet along the remainder of Grant 1651 to Charles Hall; 9. 266° 10' 207.41 feet along the remainder of Grant 1651 to Charles Hall; 10. 1 ° 00' 307.60 feet along the remainder of Grant 1651 to Charles Hall; 11. 18° 00' 497.68 feet along the remainder of Grant 1651 to Charles Hall; 12. 30° 19' 324.00 feet along the remainder of Grant 1651 to Charles Hall; Exhibit B Page 1 of 7 13. 42° 00' 513.00 feet along the remainder of Grant 1651 to Charles Hall to the point of beginning and containing an Area of 7.67 acres, more or less. Note: Description compiled from available data. 'C W CU/16v 680 Ala Moana Boulevard (:,Q` �'i' BELT COLLINS HAWAII LTD. co First Floor o LICENSED ,. Honolulu, Hawaii 96813 Q' PROFESSIONAL LAND December 3, 1999 * SURVEYOR * No.4188 Licensed Professional Lard purveyor '9t1, II L1g'' Certificate Number 4188 Exhibit B Page 2 of 7 DESCRIPTION Hokuli'a Shoreline Park Easement B, Part 2 Being all of Grant 13,000 to Maud A. Greenwell and portions of Grant 1651 to Charles Hall, Grant 1745 to John Cavanagh, Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions And Royal Patents 4386 and 7146, Land Commission Award 8452, Apana 11 to A. Keahokalole Situated at Hokukano 1' and 2"d, Kanaueue 1"and 2nd, Halekii, Keekee 1" and 2"d, Ilikahi, Kanakau 1" and 2"d Kalukalu 1", 2"d and 3'd and Onouli 1", North Kona and South Kona, Island of Hawaii, Hawaii Beginning at the Northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,561.02 feet North and 2,143.58 feet West, thence running by azimuths measured clockwise from True South: 1. 343° 30' 411.00 feet along the remainder of Grant 1651 to Charles Hall; 2. 348° 20' 1,123.00 feet along the remainder of Grant 1651 to Charles Hall; 3. 317° 00' 256.00 feet along the remainder of Grant 1651 to Charles Hall; 4. 300° 00' 641.00 feet along the remainder of Grant 1651 to Charles Hall; 5. 316° 00' 441.00 feet along the remainder of Grant 1651 to Charles Hall; 6. 282° 00' 259.00 feet along the remainder of Grant 1651 to Charles Hall; 7. 260° 00' 573.00 feet along the remainder of Grant 1651 to Charles Hall; 8. 247° 00' 304.00 feet along the remainder of Grant 1651 to Charles Hall; 9. 232° 00' 205.00 feet along the remainder of Grant 1651 to Charles Hall; 10. 329° 00' 221.00 feet along the remainder of Grant 1651 to Charles Hall; Exhibit B Page 3 of 7 11. 359° 00' 543.00 feet along the remainders of Grant 1651 to Charles Hall and R.P. 1670 to John D. Parish on a portion of L.C. Aw. 387, Part 4, Section 2 to A.B.C.F.M.; 12. 1° 00' 353.00 feet along the remainder of Grant 1745 to John Cavanagh; 13. 335° 00' 489.00 feet along the remainder of Grant 1745 to John Cavanagh; 14. 2° 42' 30" 1,190.00 feet along the remainder of Grant 1745 to John Cavanagh; 15. 355° 16' 440.00 feet along the remainder of Grant 1745 to John Cavanagh; 16. 341 ° 20' 606.00 feet along the remainder of Grant 1745 to John Cavanagh; 17. 351 ° 27' 400.00 feet along the remainder of Grant 1745 to John Cavanagh; 18. 2° 19' 313.00 feet along the remainders of Grant 1745 to John Cavanagh and R.P. 4386 and 7146, L.C. Aw. 8452, Apana 11 to A. Keohokalole; 19. 332° 30' 327.00 feet along the remainder of R.P. 4386 and 7146, L.C. Aw. 8452, Apana 11 to A. Keohokalole; 20. 340° 51' 628.00 feet along the remainder of R.P. 4386 and 7146, L.C. Aw. 8452, Apana 11 to A. Keohokalole; 21. 329° 00' 452.00 feet along the remainder of R.P. 4386 and 7146, L.C. Aw. 8452, Apana 11 to A. Keohokalole; 22. 340° 00' 180.00 feet, more or less, along the remainder of R.P. 4386 and 7146, L.C. Aw. 8452, Apana 11 to A. Keohokalole to a stonewall; Thence along stonewall, along Grant 2862 to Awahua to Highwater Mark at Seashore, the direct azimuth and distance between points being: 23. 50° 19' 161.21 feet; Thence along Highwater Mark at Seashore for the next two (2) courses, the direct azimuths and distances between points being: 24. 148° 45' 15" 1,704.39 feet; Exhibit B Page 4 of 7 25. 169° 44' 25' 1,429.95 feet; Thence along top of bluff for the next nine (9) courses, the direct azimuths and distances between points being: 26. 161° 12' 287.21 feet to a spike in concrete; 27. 91° 49' 84.67 feet; 28. 35° 01' 110.10 feet; 29. 80° 35' 70.00 feet; 30. 161° 50' 115.00 feet; 31. 197° 15' 70.00 feet; 32. 164° 50' 65.00 feet; 33. 239° 50' 110.00 feet; 34. 320° 35' 50.00 feet; 35. 247° 25' 60.00 feet to top of bluff; Thence along top of bluff for the next six (6) courses, the direct azimuths and distances between points being: 36. 199° 50' 85.00 feet; 37. 225° 20' 210.00 feet; 38. 181 ° 15' 135.00 feet; 39. 190° 10' 145.00 feet; 40. 201 ° 45' 115.00 feet; 41. 177° 26' 129.60 feet; 42. 87° 00' 10.00 feet to Highwater Mark at Seashore; Thence along Highwater Mark at Seashore for the next two (2) courses, the direct azimuths and distance between points being: 43. 159° 45' 125.00 feet; 44. 136° 55' 165.00 feet; 45. 67° 25' 50.00 feet to a point at Highwater Mark at Seashore; Thence along Highwater Mark at Seashore, the direct azimuth and distance between points being: 46. 147° 58' 78.30 feet; 47. 175° 30' 15.00 feet along Government Reserve; 48. 74° 40' 108.60 feet along Government Reserve; Exhibit B Page 5 of 7 49. 352° 40' 20.00 feet along Government Reserve to Highwater Mark at Seashore; Thence along Highwater Mark at Seashore, the direct azimuth and distance between points being: 50. 105° 05' 275.00 feet; 51. 252° 30' 45.00 feet to top of bluff; Thence along top of bluff for the next three (3) courses, the direct azimuths and distances between points being: 52. 146° 35' 89.90 feet; 53. 157° 10' 120.00 feet; 54. 101 ° 30' 166.40 feet; 55. 253° 38' 2.90 feet to Shoreline (Vegetation Line) as of February 10, 1984; Thence along Shoreline (Vegetation Line) as of February 10, 1984, for the next six (6) courses, the direct azimuths and distances between points being: 56. 184° 46' 30" 245.93 feet; 57. 146° 26' 06" 704.73 feet; 58. 133° 48' 40" 1,078.20 feet; 59. 123° 45' 55" 1,152.88 feet; 60. 175° 19' 20" 805.52 feet; 61. 166° 46' 43" 762.75 feet; 62. 257° 00' 310.00 feet along the remainder of Grant 1651 to Charles Hall to the point of beginning and containing a Gross Area of 108.09 Acres, more or less, and a Net Area of 104.71 Acres, more or less, after excluding and deducting the following: L.C. Aw. 7035, Apana 2 to Kaiwaiwa (TMK 8-1-04:6) 0.14 Acre L.C. Aw. 7197, Apana 2 to Kamahele (TMK 8-1-04:7) 0.18 Acre L.C. Aw. 7210, Apana 2 to Kini (TMK 8-1-04:8) 0.08 Acre L.C. Aw. 7212, Apana 2 to Kaiaino (TMK 8-1-04:18) 0.17 Acre L.C. Aw. 8157-C, Apana 2 to Kamakahiona (TMK 8-1-04:16) 0.22 Acre L.C. Aw. 8157-BB to Kalamala (TMK 8-1-04:9) 0.17 Acre L.C. Aw. 8157-E, Apana 2 to Kamaheaiku (TMK 8-1-04:17) 0.10 Acre Exhibit B Page 6 of 7 L.C. Aw. 8455-C, Apana 2 to Kuluiki (TMK 8-1-04:11) 0.25 Acre L.C. Aw. 8455-E, Apana 2 to Pauole (TMK 8-1-04:12) 0.70 Acre L.C. Aw. 8455-F, Apana 2 to lalua (TMK 8-1-04:13) 0.50 Acre L.C. Aw. 8455-G, Apana 1 to Makauwaa (TMK 8-1-04:14) 0.07 Acre L.C. Aw. 8455-H, Apana 2 to Makole (TMK 8-1-04:19) 0.35 Acre L.C. Aw. 8455-I to Nawai (TMK 8-1-04:15) 0.22 Acre L.C. Aw. 9753-B, Apana 2 to Paiwa (TMK 8-1-04:20) 0.23 Acre TOTAL = 3.38 Acres Note: Description compiled from available data. ch• lie 680 Ala Moana Boulevard O(� LICENSED Cp BELT COLLINS HAWAII LTD. First Floor 0 PROFESSIONAL V- Honolulu, Hawaii 96813 LAND SURVEYOR 'k !i(/ 4 ] /� December 3, 1999 \ço.41 ,, / Licensed Professional LanoUCertificate Number 4188 Exhibit B Page 7 of 7 EXHIBIT C Park Rules and Procedures I. INTRODUCTION A. Purpose The purpose of these rules and provisions are to govern the use and protection of all lands and historical and natural resources within the Hokuli'a shoreline park(Park) area. B. Definitions "Abandoned property" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended for a continuous period of more than twenty-four hours without the written permission of the park management(Management) or its authorized representative. "Animals" mean all animals, wild and domestic. "Authorized representative" means any person authorized by the Management to act for the Management in the administration of these rules and regulations. "Camper" means any person engaged in a camping activity. "Camping" means remaining within a designated camping area during park closing hours or sleeping during nighttime hours on the premises or the use or occupation of the premises by one or more persons who remain or intend to remain on the premises between the hours of twelve midnight and one half hour before sunrise, except persons with special permits or other types or permits or authorization from the management or its authorized representative to remain on the premises for other purposes. "Motor vehicle" means a motor vehicle of any type, including, but not limited to, automobiles, trucks, go-carts, motorcycles, motor scooters,mopeds, dune buggies, or ATVs, whether the vehicle is licensed or unlicensed. "Park area" or "Hokuli'a shoreline park" means property owned in fee by 1250 Oceanside Partners that is described in Exhibits A and B of the Grant of Easement and Covenants to which these rules are attached. "Park management" or"management" means the management entity established by 1250 Oceanside or its legal designee,which is responsible for the management, maintenance, security, and operation of the shoreline park area. 2 "Premises" means any lands within the shoreline park area. "Picnic" means an outing with food provided by members of the group and eaten in the open. "Reasonable conduct" means behavior or activity that is fair, proper,just, moderate and suitable under the circumstances. Such behavior or activity may fairly,justly and reasonably be required of an individual or group of individuals while in the Park. "Recreational trailer" means a vehicle propelled by its own power or by some independent power and used as a dwelling. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds, and other devices moved by human power. "1250 Oceanside" or "Owner" shall mean 1250 Oceanside Partners, the Fee Owner of the Park area, and its successors and assigns. C. Hours of Use The park may be used by the public only between the hours of 7:00 a.m. and 15 minutes after sunset daily; provided, however, that Management may issue night fishing, special use, or camping permits pursuant to Section 5 as specified herein. D. Access 1. 1250 Oceanside shall have the right to control or prevent access to the park by all persons whose presence in Management's judgement shall be adverse to the safety, character, or interests of the park or of users of the park. 2. In case of invasion, mob riot, public excitement, or other commotion, Management reserves the right to prevent access to the park during the continuance of the same for the safety of park users and the protection of the property in the park 3. Persons violating the park rules and regulations may be denied subsequent use of the park by Management in its sole discretion, and may be subject to expulsion and penalties, as set forth in Section 4 herein described. E. Noise All activities conducted at the park shall not exceed a reasonable and prudent noise level, and in no event shall such activities exceed 60 DBA sound pressure level. F. Hazardous Activities No activities shall be conducted in the park that are or may be unsafe or hazardous to any person or property. Management reserves the right to stop any activity within the park that it determines in its sole judgement, has become unsafe or a hazard. G. Obstruction of Passageways No trails or passages in the park shall be obstructed or used for any purpose other than foot trail within the park, or ingress or egress from the park. H. Lost Articles Any person finding lost articles shall deposit them at the Management's office, leaving their name and address. I. Intoxication Management reserves the right to exclude from the park any person who, in Management's judgement, is intoxicated or under the influence of liquor or drugs so as to create a risk to persons or property and said person shall be subject to expulsion and penalties set forth in Section IV herein. J. Standard of Reasonable Conduct Without limiting the generality of any of the park rules and regulations, any activities not covered hereby shall be subject to a standard of reasonable conduct. K. No Liability Neither management nor owner shall be liable for any damage or injury to anyone or anything that may occur as a result of enforcement or failure to enforce these park rules and regulations. L. Nonwaiver Failure to enforce these park rules and regulations on any occasion shall not be construed as a waiver and shall in no way affect Management's right to subsequently enforce these park rules and regulations. 4. M. Lifeguards Neither owner nor Management will be responsible for providing lifeguard services. II. REGULATED ACTIVITIES The following activities are allowed only in designated areas indicated by appropriate signage: A. Picnicking Picnicking or any outing with food provided by members of the group; provided, however, that a permit is obtained when required pursuant to Section V herein. B. Fires All fires (i) shall be confined in barbeque pits designated and provided by Management; (ii) shall not be allowed to burn in a manner that may threaten surrounding shrubs, grass, trees, or other combustible matter, or endanger structures that could be burned, scorched or damaged; (iii)when no longer needed, shall be completely extinguished and coals shall be deposited in designated ash disposal pits provided by Management; (iv) shall not be left unattended. C. Parking All parking of motor or other vehicles shall only be in designate Park parking areas provided,however, that Management may direct persons utilizing the park through the issuance of a permit as set forth in Section V hereof, to park in areas other than those specifically designated for public parking. In the event of an infraction of this rule, violators shall be subject to expulsion and penalties set forth in Section IV herein below, and Management shall be entitled to have the offending vehicle towed to the holding area of a towing service and to charge the owner or driver of the vehicle the full amount of the towing cost. D. Access All vehicular and pedestrian ingress to and egress from the park shall be confined to access ways that have been designated for such purposes; provided, however, that Management may direct persons utilizing portions of the park through the issuance of a permit as set forth in Section V hereof, to utilize access ways other than those specifically designated for public use. III. PROHIBITED ACTIVITIES The following activities are prohibited in the park: A. Alcoholic Beverages Possessing or drinking any alcoholic beverage, except in connection with public gatherings or special events for which permits have been issued in accordance with Section V, hereinbelow. B. Illegal Drugs Possessing or using narcotics, controlled substances, or any illegal drug. C. Disorderly Conduct Disorderly conduct, including but not limited to, fighting, violent or tumultuous behavior, making unreasonable noise or offensive or abusive or threatening utterances or gestures. D. Audio Devices Operating or using any electrical or battery powered audio device, including but not limited to, radios, tape recorders, television sets, amplified musical instruments, compact disc players, and noise producing devices used as electrical generating plants, or other equipment driven by motors or engines in a manner and at times that create excessive noise or annoyance to park users or others outside the park (see Section I.E, Noisc, above). E. Public Address Systems Operating or using public address systems, whether fixed or portable, or vehicle mounted, on land, water or roadways, except when the use or operation is in connection with public gatherings or special events for which permits have been issued by Management in accordance with Section V hereinbelow,or when the use is in conjunction with emergency or rescue operations. F. Communication Equipment Installing or operating aerials, antennas, transmitting or radio, telephone, television or other communication equipment (except hand held portable devices, cellular phones or equipment within vehicles). G. Camping Camping, unless specifically allowed by Management through the issuance of a permit, as set forth in Section V hereof. Camping Permits will provide for a maximum of three (3) nights and successive permits for a particular site must be separated by a minimum of one night. H. Recreational Trailers Using recreational trailers or other camper units. I. Closing Hours Remaining in the park between the closing hours of 15 minutes after sunset through 7:00 a.m. unless specifically permitted by Management through the issuance of a permit, as set forth in Section V hereof. J. Animals Bringing animals into the park, except properly leashed seeing-eye dogs accompanied by their masters shall be permitted. Running at large, herding, driving across, raising or grazing animals. K. Natural Resources 1. Molesting, disturbing, injuring, trapping, taking, catching, possessing, poisoning, introducing or killing any wild bird or animal or disturbing the habitat of any such bird or animal. 2. Gathering or collecting any natural product, including, but not limited to, sca shells, fruits, berries, flowers, seeds, pine cones, driftwood and pebbles for commercial uses or purposes. 3. Destroying, digging, removing, or possessing any tree, shrub, or plant of any kind. 4. Destroying, disturbing, or mutilating any geological feature or digging or removing sand, earth, gravel, mineral, rock fossil, coral or any other substance. L. Bicycles, Skateboards, Roller Skates, Roller Blades Riding bicycles, skateboards, or roller skates blades. M. Horseback Riding Riding horses or any other animal. N. Motorized Vehicles 1. Except on park access roads and designated parking areas, driving or riding vehicles or motorized bikes, including, but not limited to, automobiles, trucks, vans, motorcycles, motor bikes, mopeds, scooters, ATVs, motorized go-carts or trail bikes, and in no event unlicensed vehicles other than those vehicles operated by the park management and used for park operation, management or maintenance. 2. Leaving motor vehicles or other property unattended so as to interfere with the safe and orderly management and use of the park. 3. Abandoning motor vehicles (as defined in '290-1 of the Hawai'i Revised Statutes, as amended)or other property(as defined in '171-1 of the Hawai'i Revised statutes, as amended). 4. Operation of motorized hobby crafts such as aircraft, automobiles, and similar motorized vehicles. O. Gambling Gambling, betting, or wagering money on the outcome of a game or contest or other event. P. Aircraft 1. Landing or launching of aircraft, including, but not limited to, airplanes, airships, balloons, gliders, hang gliders, helicopters, parachutes, dirigibles, and other similar means of conveyance. 2. Kite flying Q. Metal Detectors Possessing or using a mineral or metal detector, magnetometer or other metal detecting device. R. Agricultural Activities Cultivating soil, planting or producing crops, farming, or any other agricultural activity; provided, however, that Management may conduct landscaping or other ongoing maintenance, cultural, demonstration or educational activities. 8. S. Nudity Nudity,which shall be defined as the uncovered post-pubertal human genitals, pubic areas, or the nipples or areola of post-pubertal human female breasts. T. Golf Golfing, hitting or driving golf balls. U. Firearms Possessing or using firearms, including,but not limited to,bow and arrows, crossbows, firearms, pellet or BB guns, power heads, bang sticks, slingshots, or other implements designed to discharge missiles. V. Soliciting Soliciting, canvassing, begging or peddling of any kind, including,but not limited to, displaying merchandise, demanding or requesting gifts, money or services, or dispensing information. W. Rubbish 1. Bringing,carrying or transporting garbage, trash, rubbish,refuse or waste from outside the park for deposit or dumping in the park. 2. Burning of trash. 3. Draining or dumping garbage,trash, rubbish, refuse or waste other than in receptacles provided for these purposes. 4. Littering or scattering rubbish or other materials in places other than trash receptacles provided in the park. X. Electrical Equipment Using portable motor driven electrical generating plants, pumps, compressors, or other portable motor driven machines, except through the issuance of a permit by Management. Y. Explosives Possessing or using explosives, including,but not limited to, fireworks and firecrackers. 9. Z. Lodging Establishing a temporary or permanent lodging or residence other than that which may be established by Management and permitted by the State and County for the purpose of providing a caretakers'residence. AA. Boats 1. Transporting,bringing or carrying boats (including sailboats,powerboats, canoes, kayaks,jet skis, and/or motorized rafts), or any other aquatic vehicles onto, into or through the park. 2. Moving, tying, storing, repairing or cleaning any boat, canoe, raft or other vessel, except through the issuance of a permit by Management. BB. Water Pollution/Contamination Polluting or contaminating any water used for drinking purposes, natural body of water, pools, ponds or the ocean. CC. Toilet Facilities Urinating or defecating other than in the designated toilet facilities provided at the park. DD. Archaeological/Historical Resources 1. Appropriating, damaging, removing, excavating, disfiguring, defacing or destroying objects of antiquity, prehistoric ruins and monuments; provided, however, that Management may permit, with the concurrence of the State Department of Land and Natural Resources, qualified persons or institutions to examine ruins, reestablish archaeological sites, excavate archaeological sites or gather objects of antiquity for safe keeping. 2. Destroying, defacing, or removal of any natural or historical feature or natural or historical resource. EE. Monuments Installing any monument, memorial, tablet, or other commemorative installation. FF. Vandalism 10. Intentionally or wantonly destroying, injuring, defacing, removing, disturbing or possessing in any manner any geologic feature, objects of antiquity, prehistoric ruins, monuments or feature, public or private building, sign, equipment, monument, marker or other structure. IV. PENALTIES A. Violation of Rules Any user or potential user of the park shall be subject to immediate exclusion and/or expulsion from the park if, in Management's sole determination: 1. A violation of the rules and regulations set forth herein has occurred. 2. Such action is necessary to enforce any provision in the rules and regulations set forth in this document. 3. Said user or potential user has failed to obey orders of park management personnel and/or orders of Federal, State or County law enforcement officers. B. Penalties Any violation of these park rules and regulations shall subject the violator to: 1. Civil and for criminal liability for damages to public or private property and/or confiscation by appropriate governmental authorities of any prohibited materials, machines, tools, vehicles or equipment. 2. Permanent prohibition from future entry into and use of the park facilities. V. PERMITS A. Classification of Permits Permits shall be required for the following uses and activities in the manner specified herein below: 1. Group Use Permit: Any group larger than twenty-five members that desires to picnic in the park shall be required to obtain a Group Use Permit from Management. 2. Special Use Permit: 11. a. Special uses shall be permitted only with a Special Use Pcrmit issued by Management. Special uses are group functions, other than group picnics, considered compatible with the functions and purposes of each individual area, facility or unit of the park, including, but not limited to, assemblies, celebrations, festivals, gatherings, meetings, pageants, parades, public expressions of views,rallies, shows, weddings, filming or photography sessions and other community events or activities. b. Before any motion picture film, video recording, television production, or sound track is made that involves the use of professional casts,models, settings, or crews, by any person other than bona fide newsreel or news television personnel, a Special Use Permit must be obtained from Management that shall be subject to terms and conditions set by Management. c. Before any still photograph may be taken by a commercial photographer for commercial purposes, a Special Use Permit must be obtained from Management that shall be subject to terms and conditions set by Management. B. Camping Permit: All persons, groups, organizations, or associations desiring to camp within the park area shall obtain a Camping Permit from the Management authorizing the use of specific camping areas. However, the following provisions shall apply to camping: l. Use of recreational trailers is prohibited within the park area. 2. The Management shall establish the location and term of the camping activity. 3. Installation or construction of permanent camping facilities is prohibited except by the Management with authorisation from the Board of Land and Natural Resources. 4. Digging or leveling of the ground at any campsite is prohibited. 5. Camping equipment shall be completely removed and the campsite cleaned before departure from the site. 6. Night Fishing Permit: Access to the park after closing hours (after 15 minutes post sunset) for purposes of night fishing and for spearing shall be permitted only with a Night Fishing Permit issued by Management. 12. C. Authority to Use Permits Management shall have the exclusive authority to issue Group Use, Special Use, Camping, and Night Fishing Permits("Permits"). Management shall be entitled to impose conditions upon the issuance of Permits and for may impose an administrative fee for requested Permits. The following conditions shall apply to all Permits: 1. Permits shall be issued on a first come, first serve basis. 2. All responsible persons twenty-one years of age or older shall be eligible to secure Permits. 3. Permits shall be obtained by submitting an application in person or by mail to Management. 4. Requests for Group Use Permits and Special Use Permits shall be submitted to Management a maximum of thirty (30) days before the date of the use being requested and shall include the date, time, duration, nature and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith. If the event is for the purpose of raising funds, a statement of how the profits will be used is required. Requests for Night Fishing Permits shall include the same information, but shall be submitted to Management a minimum of five (5) working days and a maximum of thirty(30) days before the date of the use being requested. Requests for Camping Permits shall include the same information, and shall be submitted to Management a minimum of five (5) working days and a maximum of thirty (30) days prior to the date of the use being requested. 5. Management shall have fifteen (15) days from receipt of an application for a Group Use Permit or Special Use Permit, five(5) days from receipt of an application for a Camping Permit, and three (3)days from receipt of an application for a Night Fishing Permit, to either grant or deny the application. 6 Permits shall not be transferrable. 7 Persons or organizations to whom permits are issued (the Apermittee@) are bound by the Permit conditions stipulated on or attached to the permit, and any applicable Federal, State and County laws, ordinances and rules and regulations. 8 All permittees shall, upon request, show the Permit to any law enforcement officer, security personnel, or employee of Management. 1 3. 9 Other procedures, terms and conditions deemed necessary by Management may be adopted by Management in order to carry out the provisions of this section,or any applicable Federal, State and County laws, ordinances and rules and regulations. 10 As a condition of granting a Permit by Management, the permittee shall agree to hold the Owner and Management harmless and indemnify Owner and Management from any liability or damages resulting from the use of the park by the permittee or by any of the permittee—s guests. Each Permit shall specifically provide the following: "The permittee shall indemnify, defend and hold harmless Owner and Management, its officers, directors, stockholders, attorneys, agents, servants, representatives, employees, corporate affiliates, predecessors and successors interest(collectively, the "indemnitees") from and against any and all past, present and future claims, actions, causes of action, suits at law or inequity, liabilities, demands, losses, decrees,judgements, awards, liens, costs, fees, damages, expenses(including attorneys' fees) and compensation of whatsoever kind or nature, resulting from, arising out of, connected with, or traceable either directly or indirectly to any and all matters relating to the use of the park by the permittee or by an of the permittee's guests. The permittee shall reimburse indemnitees or pay over to indemnitees immediately when due all judgements and claims for damages that indemnitees shall pay or become liable to pay by reason of such use of the park by the permittee or by any of the permittee's guests, and will make such payment to indemnitees as soon as indemnitees become liable therefore, whether or not indemnitees shall have paid out such or any part thereof." 11 Permits shall set forth the day and time the permittee shall be allowed to remain in the park. 12 Management may require the permittee at the permittee's own cost, to provide licensed security services, in the interest of public safety and welfare and for the protection of property. 13 Requests for Permits shall each be considered on their own merits, including their effect on the park, facilities, and the public's use and enjoyment thereof. 14 The Permit may contain conditions relating to protection and use of the park area for the purposes for which it is maintained, and reasonable limitations on the size of the group, time and area within which the event is being permitted. 15 The Permit may contain conditions relating to parking and access for the use being permitted. DO Denial of Permit Applications 14 An application for a Permit may be denied when: 1 The Park or Park facilities are closed or will be closed because of damages, or because of scheduled or ongoing construction, repairs or maintenance activities, dangerous weather conditions; County or State declared emergency or because of other reasons. 2 Natural or civil disturbances occur or threaten to occur, including, but not limited to, tsunamis, floods, earthquakes, storms, riots, and demonstrations. 3 There are inadequate facilities or space to accommodate the needs of the applicant for the permit. 4 The applicant has a prior record of noncompliance with permit conditions or violations of park rules and regulations. 5 The event will present a clear and present danger to public health and safety. 6 A prior permit for the same time and place has been or will be granted. 7 The event will significantly interfere or conflict with the public's general use and enjoyment of the park 8 The event will threaten, endanger, or disturb natural and historical resources of the park. 9 Applications or requests for permits are not received by Management within the time periods specified in Section V.B.4 herein. 10 The proposed event includes activities that may be a violation of any Federal, State or County law or ordinance. ED Cancellation of Permit A Permit may be canceled or terminated at any time without advance notice when: 1 A state of emergency is declared by Management or governmental authorities. 2 Natural or ciN it disturbances occur or threaten to occur, including, but not limited to, tsunamis, floods, earthquakes, stories, riots, demonstrations and employee strikes. 15. 3 A permittce creates a clear and present danger to public health and safety. 4 A permittee violates permit conditions, provisions of these park rules and regulations, or any Federal, State or County law or ordinances. I() 4 � \ \,, iiiiii:11. Oa 0 r Nil . • il ...-.-,ill' tirlik 10 iiii„..„ 11 7 ---, 1 1, � � r oii ali, 1111 yi ilk - 1111 iii ki "'"' Via. .. � 111,„, t ° . -�,'" 1 -...A4-_, A.'"'"1.al ge - )l �/ X11 iiiivo . ----bl,i3 IV "--,,fai..t 1'1/4. \ 4 • 'qv TB iiiI Rf is • 0■ ��..%, , u1itil 1„ r.-- . li,„ , .... ,,,,..,..., .... ,,, „L._ . Illi 4 P 1'Yy..., r Niri it \\ .11 11'S.--.):-".. 1 SO Ile 11111 ii \ 1 Alt m,..=Er s AI i'i Drive Haleki';1111.11 Street �)`�r�` I ;, _ - 11* = I i _.. - 4 lit - 110 c 110, )41k 1 tItil el ' Q7 1000 _400,0;e0 ..,,,.,. , - _.4 toot* 11, iliii, 4-1'7' OF ai 'Connector Road" .o T- ' TMK: (3) 8-1-030:055 00 "Connector Road" likTMK: (3) 8-1-004:Por. 070 E � * IL `, NO op, Hokulia Project Area Ackerman Ranch Lands Approx.Area Rezoned by Ord. 96-8 "Exhibit C" 1250 Oceanside FEE OWNER'S LETTER OF AUTHORIZATION Tax Map Key: (3) TMK: (3) 8-1-004:070 and 8-1-030:055 Hokukano 1st- Onouli 1st,North and South Kona Island, County and State of Hawaii The undersigned are the fee owners of the real property above-identified, and hereby authorize Carlsmith Ball, LLP to communicate with, apply for, execute and process an amendment to Ordinance No. 96-8 with the County of I Iawaii, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. 1250 Oceanside, LLC a Delaware Limited Liability Company By Name: Duane Grimsman Its: Senior Vice President Subscribed and swo" (or affirmed)before me this day of , 2020. Name: NOT• ' CERTIFICATION STATEMENT Document Identification or Descriptio .• FEE OWNER'S LETTER OF AUTHORIZATION Document Date: No. of Pages: Jurisdiction(in which notarial act is performed): Signature of Notary Date of Notarizati. q and Certification Stateme (Notary Stamp or Seal) Printed Name of Notary 4814-2083-0641.1.051730-00047 CALIFORNIA JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of \AC-er ) Subscribed and sworn to(or affirmed) before me on this Zest day of S 0.1Aut iA , 20 , by 1)U-Cly4 Q. G v .c nnAJ proved to me on the basis of satisfactory evidence to be the person(&&). who appeared before me. AUDRA L.ANDERSON COMM. 02156723 z awe�:T �: Notary Public•California c _` `f Placer County MMY Comm.Exgiroa June 16,2020( Signature (Seal) Optional Information Although the informat on in th s section is not required by law,it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document a.d may prove useful to persons relying on the attached document Description of Attached Document Additional Information This certificate is attached to a document titled/for the purpose of Method of Affiant Identification ,L (� Proved to me on the basis of satisfactory evidence: LLD S Li ept✓ Oform(s)of identification 0 credible witness(es) � Drr;,,ry� ,9y� Notarial event is detailed in notary journal on: V Page# 3 if Entry# Notary contact: Other tgffiant(s)Thumbprints) Describe: containing Z pages,and dated 0 Copyright 2007-2015 Notary Rotary,Inc. PO Box 41400,Des Moines,IA 50311-0507 All Rights Reserved Item Number 101884 Please contact your Authorized Reseller to purchase copies of this form FEE OWNER'S LETTER OF AUTHORIZATION Tax Map Key No.: (3) 7-9-012:004 Honuaino 3rd - Hokukano 2nd,North Kona Island, County and State of Hawaii The undersigned are the fee owners of the real property above-identified, and hereby authorize Carlsmith Ball, LLP to communicate with, apply for, execute and process an amendment to Ordinance No. 08-059 (formerly Ordinance No. 96-8) with the County of Hawaii to keep the roadways in private ownership, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. ACKERMAN RANCH, INC., a Hawaii Corporatio By a 'A'7;7740 Na► e: Noel B. Ackerman I : President Subscribed and sworn (or affirmed) before me this t I day of c P R I L , 2022. Name: Alayna DeBina NOTARY CERTIFICATION STATEMENT Document Identification or Description: FEE OWNER'S LETTER OF AUTHORIZATION Document Date: 1471211.- I l, 201-2 No. of Pages: ,,,,.aNa,a,n,,,,,,,,,. , y1.1""A M pFei o•'',� Jurisdiction (in which notarial act is performed): Third Circuit .• • '•• , • �OTq,Q .'�y b4�� 12n22 =_ 17 559 Signat - . otary Date of Notarization and ` 3 Certification Statement %s'�q A�/BLiG. ,.��. AUk'C+`tA 1\A. 17AbitJPt (Nota1(44;,,,,C)11 : t `#tai) Printed Name of Notary Date of Notary Commission Expiration: 12/10/2025 4830-3175-0625.1.051730-00047 1250 Oceanside Special Permit Application Surrounding Property Owners Within 1000' of TMK No.: (3) 8-1-004:070 TMK Owner Name and Address 8-1-004-092 State of Hawaii 7-9-011-040 Yamagata Development Co 8-1-004-095 Hokuli'a Community PO Box 9018 8-1-026-057 Association Inc Kealakekua,HI 96750 9018 PO Box 247 Kealakekua HI 96750 0247 7-6-012-003 State of Hawaii 8-1-004-096 Water Board of The County Hokukano Historic Village of Hawaii Executive Order 8-1-026-002 Konatoti LLC 7-9-012-004 Ackerman Ranch Inc PO Box 9014 7-6-012-006 PO Box 555 Kealakekua,HI 96750 9014 Kealakekua,HI 96750 0555 8-1-026-006 Malino Ke Kai Properties 7-9-012-009 Hawaii Properties LLC LLC PO Box 230346 200 W Sahara Ave Tigard OR 97281 0346 Las Vegas NV 89102 5002 7-9-012-013 Elizabeth F Heuer 8-1-026-008 TR Dielsi C/O Charlotte Sheppard 16292 Rascal Ln 236 Sunset Dr Huntington Beach CA 92649 Ronceverte WV 24970 1185 2512 8-1-026-019 NFM Investors LLC Patricia.M Greenwell Tr C/O Ronald M Foster 82-919 Coffee Dr 4637 Falcon Crest Way Captain Cook HI 96704 8250 Turlock,CA 95382 7477 8-1-026-021 Hokulia Homes LLC Lori L Greenwell 5665 N Scottsdale Rd Ste 135 650 Floyd Scottsdale,AZ 85250 5912 Chula Vista Aveve 91910 6427 8-1-026-022 Marshall Family Trust C3420 Shangri LA Rd Katherine E Greenwell Lafayette, CA 94549 0000 8-1-026-024 Sereivuthy Dimang 8-1-004-003 Hokulia Park&Cultural Sites PO Box 2884 8-1-004-094 Assn Inc Carefree AZ 85377 2884 8-1-026-001 HPCSA Foundation 8-1-026-027 Richard R Goodmanson 8-1-004-078 PO Box 247 Janet A Goodmanson P8-1-004-084 Kealakekua,HI 96750 0247 e KBox 747 8-1-032-023 Kealakekua,HI 96750 8-1-034-024 8-1-026-028 MJR FLLLP 8-1-034-027 6688 Gunpark Dr Ste 201A 8-1-035-008 Boulder CO 80301 8-1-026-029 Joshua J Ellithorpe 8-1-004-054 Kalukalu Properties General Delivery PO Box 1236 Mountain View HI 96771 Kealakekua,HI 96750 1236 9999 8-1-004-065 The Club At Hokuli'a Inc 8-1-004-087 PO Box 247 Joshua J Ellithorpe Kealakekua,HI 96750 2294 26441 Lombardy Rd 8-1-004-075 Kalukalu Properties Mission Viejo CA 92692 PO Box 1236 3268 Kealakekua,HI 96750 1236 8-1-026-030 John R Kennedy 8-1-004-083 Hokuli'a Community Services 1414 W Galvin St 8-1-036-005 Inc Phoenix AZ 85086 PO Box 247 Kealakekua,HI 96750 0247 4892-2217-0435.1.051730-00047 12/13/22 1250 Oceanside Special Permit Application Surrounding Property Owners Within 1000' of TMK No.: (3) 8-1-004:070 8-1-026-031 Morally Investments& 78-6805 Kuhinanui P1 Consulting Inc Kailua Kona,HI 96740 2804 6965 El Camino Real Ste 105- 8-1-026-050 Jan R Hassfurther Trst 231 188 Bears Club Dr Carlsbad,CA 92009 4100 Jupiter,FL 33477 4203 8-1-026-032 Adams Hokulia LLC 8-1-026-051 Bob/Yvonne Helstrom 707 Esplanade Unit C Charitable RDM Trst Redondo Beach CA 90277 PO Box 3887 4634 Lacey,WA 98509 3887 8-1-026-033 Richard S Bauder 8-1-026-052 RS Kona Properties LLC Marcia A Bauder 5665 N Scottsdale Rd Ste 135 321 High Point Dr Scottsdale,AZ 85250 5912 Breckenridge CO 80424 0000 8-1-026-053 Yong Soo Huh 2000 Henderson Ave 8-1-026-034 P Clay Thomas Janet Thomas Eugene,OR 97403 2224 8-1-026-054 Robert K Greenwell PO Box 169 PO Box 1779 Kealakekua,HI 96750 0169 Kailua Kona,HI 96740 8-1-026-036 JMP IV LLC 8-1-026-056 Canyon River Investments LP 2432 Tall Oaks Dr 9013 Greensboro Ln Troy,MI 48098 2496 Las Vegas NV 89134 0501 8-1-026-037 Scott Michael Nordberg 8-1-027-001 Richard S Belas Kendra Marie Nordbert Judity E Soltz 440 SE Bush St 960 Lafayette Rd Issaquah WA 98027 3913 Bryn Mawr,PA 19010 1916 8-1-026-038 Deborah Troxel Tr 8-1-027-002 County of Hawaii Water PO Box 415 Board Holualoa,HI 96725 0415 345 Kekuanaoa St Ste 20 8-1-026-042 Green Flash Investments LLC Hilo,HI 96720 141 S Western Coil Rd 8-1-027-003 Up Front Group Co LTD Lindon UT 84042 1602 C/O Tetsuko S. Ho, CPA,Inc. 8-1-026-043 Ululani Mauka LLC 1833 Kalakaua Ave.,#910 75-853 Keaolani Dr Honolulu,HI 96815 1528 Kilua Kona,HI 96740 8815 8-1-027-006 Ikos At Hokulia,LLC 8-1-026-044 Gustafson Family Trst PO Box 13720 PO Box 4619 Scottsdale,AZ 85167 Palos Verdes Estates CA 8-1-027-009 Manuel L Ojeda 90274 9612 Debbie Ann Ojeda 8-1-026-045 Konapandc LLC 1124 Parkwood Way PO Box 4619 Redwood City CA 94061 Palos Verdes Estates CA 3623 90274 9612 8-1-027-012 Jerry Bruce Anderson 8-1-026-046 David Fediuk Ileana Carolla Anderson Dale Fediuk 75-1000 Henry St Ste 200 PO Box 390983 Kailua-Kona HI 96740 1691 Keauhou HI 96739 0983 8-1-027-013 Hokulia 14 LLC 8-1-026-047 Christopher J Williams ATTN: Alan Livingston Kristine Claire Williams PO Box 1271 PO Box 2708 Captain Cook,HI 96704 Naples FL 34106 2708 1271 8-1-026-048 Rhymes Trst 8-1-027-014 Bowerbird International Inc Douglas/Susan TTEES 1031 Rosser Ave Rhymes Brandon Manitoba R7A OL5 4892-2217-0435.1.051730-00047 12/13/22 1250 Oceanside Special Permit Application Surrounding Property Owners Within 1000' of TMK No.: (3) 8-1-004:070 Canada 8-1-027-036 TR Reina 8-1-027-017 Malie Investment Partners 1022 Waterford Dr LLC West Sacramento CA 95605 C/O Hokulia Inv Ptnrs C/O 2563 Pierce Ranch 8-1-027-037 Adak Holdings LTD PO Box 538 PO Box 1068 410-37989 Pierce,TX 77467 0538 Cleveland Ave 8-1-027-020 Shaw Family Trst Squamish BC V8B 0A7 PO Box 14888 Canada Scottsdale,AZ 85267 4888 8-1-027-038 Hawaii 2030 Investors LLC 8-1-027-021 Charles Vincent Doherty 205 SE Spokane St Ste 399 6 Carmenere Ct Portland OR 97202 Henderson,NV 89011 2691 8-1-027-039 Jack A Dempsey 8-1-027-022 Takuo Horikoshi 124 Greystone PT 3-23-22-1307 Higashi- Boerne,TX 78006 4204 Ikeburo 8-1-027-040 Michael Edward Clarke Toshima-KU Tokyo 170-0013 Sandra Marie Clarke Japan 53 Hidden Oaks Dr 8-1-027-023 KDM Chartana LLC Lafayette CA 94549 4146 ATTN Kevein Moore 8-1-027-041 Tatsuya Omura 730 15th St 6-34-7 Fukasawa Boulder,CO 80302 7622 Setagaya-Ku Tokyo 158-0081 8-1-027-024 S Craig Bernard Tr Japan PO Box 149 8-1-027-042 Platinum Investment Kona Inc Kealakekua HI 96750 0149 PO Box 2609 8-1-027-027 Hokulia 99 LLC Kailua Kona,HI 96745 PO Box 5295 8-1-027-043 Bruce Webster Kealakekua HI 96750 5295 3004 30 Ave Ste 106 8-1-027-028 PrestonKona LLC Vernon BC V7E 106 Canada C/O Preston Clay Thomas 8-1-027-044 Hokuli'a Community Services PO Box 169 8-1-036-005 Inc Kealakekua,HI 96750 0169 PO Box 247 8-1-027-029 Thomas Trst Kealakekua,HI 96750 0247 C/O P Clay/Janet F Thomas 8-1-028-013 Robert S Kildow PO Box 169 Barbara Tabbert Kildow Kealakekua,HI 96750 0169 C/O Hualalai Resort 8-1-027-030 Boxer I Trust PO Box 1596 C/O Jack A Dempsey TTEE Kailua Kona,HI 967415 124 Greystone Pt 1596 Boerne TX 78006 4204 8-1-028-015 Ronald W Hastie 8-1-027-031 ZEPP Properties156 LLC PO Box 1211 13631 Paseo Del Roble Dr Olympia WA 98507 1211 Los Altos,CA 94022 2410 8-1-032-001 Hamekameha Inc 8-1-027-034 Dividend Capital Group Inc ATTN: Horwich Law LLP Tr 1717 Pennsylvania Ave NW PO Box 611627 Ste 1025 San Jose CA 95161 1627 Washington DC 20006 3951 8-1-027-035 Cynthia Nye Griffey Tr 8-1-032-002 West Coast Hawaii Partners Jamaica Tiare Canas ATTN: Horwich Law LLP 75-6164 Nakukui Dr 1717 Pennsylvania Ave NW Kailua-Kona,HI 96740 3020 Ste 1025 4892-2217-0435.1.051730-00047 12/13/22 1250 Oceanside Special Permit Application Surrounding Property Owners Within 1000' of TMK No.: (3) 8-1-004:070 Washington DC 20006 3951 8-1-032-007 8-1-032-059 The Club At Hokuli'a Inc 8-1-032-008 PO Box 247 8-1-032-011 Kealakekua,HI 96750 8-1-032-013 8-1-034-014 William A Franke 8-1-032-017 8-1-034-015 2525 E Camelback Rd Ste 8-1-032-019 900 8-1-032-020 Phoenix,AZ 85016 4281 8-1-032-021 8-1-034-026 State of Hawaii 8-1-032-022 8-1-035-001 Pacific Star Investment 8-1-032-024 8-1-036-001 Properties LLC 8-1-032-025 5665 N Scottsdale Rd Ste 135 8-1-032-026 Scottsdale,AZ 85250 5912 8-1-032-028 8-1-004-064 1250 Oceanside LLC 8-1-032-033 8-1-004-070 5665 N Scottsdale Rd Ste 135 8-1-032-033 8-1-004-079 Scottsdale,AZ 85250 5912 8-1-032-035 8-1-004-086 8-1-032-038 8-1-004-089 8-1-032-039 8-1-004-096 8-1-032-040 8-1-026-003 8-1-032-041 8-1-026-005 8-1-032-042 8-1-026-007 8-1-032-043 8-1-026-009 8-1-032-044 8-1-026-011 8-1-032-045 8-1-026-023 8-1-032-051 8-1-026-025 8-1-032-052 8-1-026-026 8-1-032-053 8-1-026-039 8-1-032-054 8-1-026-055 8-1-032-055 8-1-027-004 8-1-033-002 8-1-027-005 8-1-033-003 8-1-027-007 8-1-033-004 8-1-027-008 8-1-033-005 8-1-027-010 8-1-033-006 8-1-027-011 8-1-033-007 8-1-027-018 8-1-033-008 8-1-027-019 8-1-034-001 8-1-027-025 8-1-034-002 8-1-027-026 8-1-034-003 8-1-027-032 8-1-034-004 8-1-027-033 8-1-034-005 8-1-028-001 8-1-034-006 8-1-028-002 8-1-034-007 8-1-028-006 8-1-034-008 8-1-028-012 8-1-034-009 8-1-028-017 8-1-034-010 8-1-028-018 8-1-034-011 8-1-028-039 8-1-034-012 8-1-028-055 8-1-034-013 8-1-032-003 8-1-034-016 8-1-032-004 8-1-034-017 8-1-032-005 8-1-034-018 4892-2217-0435.1.051730-00047 12/13/22 1250 Oceanside Special Permit Application Surrounding Property Owners Within 1000' of TMK No.: (3) 8-1-004:070 8-1-034-019 8-1-034-020 8-1-034-021 8-1-034-022 8-1-034-023 8-1-026-035 1250 Oceanside LLC 8-1-026-040 C/O Sunchase Holdings Inc 8-1-026-041 5665 N Scottsdale Rd Ste 135 8-1-027-015 Scottsdale,AZ 85250 5912 8-1-027-016 8-1-028-014 8-1-028-016 1250 Oceanside LLC ATTN: Sunshine Holdings 5665 N Scottsdale Rd#135 Scottsdale,AZ 85250 5912 4892-2217-0435.1.051730-00047 12/13/22 William P. Keno Lincoln S.T.Ashida p Counsel nrayor •c `' =. Corporation Katherine A. Carson ;'`•.x * Assistant Corporation Or Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo.Hawati 96720-4262 • (808)961-8251 • Fax(808)901.8622 E-mail: corpcounsel@¢co hawali,hi-us April 29, 2010 Sent via email; hard copy will follow Mr. John De Fries 1250 Oceanside Partners 78-6831 Alii Dr., Ste. 429 Kailua-Kona, Hf 96740 Dear Mr. De Fries: RE: Material breach by 1250 Oceanside of the Development Agreement between the County of Hawaii and 1250 Oceanside This office represents the County of Hawaii and has been authorized by the Office of the Mayor to provide you this communication. Pursuant to Paragraphs 3 and 25 of the Development Agreement between the County of Hawai'i and 1250 Oceanside Partners (hereinafter "Oceanside"), notice is hereby given of Oceanside's material breach of the aforementioned development agreement. 1. Background 1. Oceanside, as developer of the subdivision called Hokuii'a, successfully sought passage of Hawaii County Council Ordinances 96-7 and 96-8 (January 15, 1996). These ordinances in pertinent part rezoned 1550 acres of the project to allow for the development of the planned subdivision, subject to certain conditions. 2. A condition of rezoning Ordinance 96-7 provided for Oceanside agreeing to construct a bypass highway in the vicinity of Keauhou and Captain Cook that would connect the subdivision to the Mamalaoha Highway, construct the channelization and signalization of the Mamalahoa Highway-Haieki`i Street Intersection, construct the extension of Haleki'i Street, construct a park, grant a perpetual easement for public access, gain water rights, construct wastewater disposal systems, place most electrical and communication utilities Hawaii County is an Equal Opportunity Employer and Provider Exhibit "6" Mr. John De Fries April 29, 2010 Page 2 underground, provide a fair share contribution for park, and recreation improvements, police facilities, fire facilities, solid waste facilities, and to support road and traffic improvements. 3. As a condition of the rezoning under Ordinance 96-8, requirements similar to that in Ordinance 96-7 were imposed. 4. According to Ordinance 96-7, in lieu of actual construction of infrastructural improvements (the wastewater disposal system, the park, and the roadway improvements [i.e. Haleki'i Street and the Bypass]) Oceanside could enter into an agreement with the Planning Director, the Department of Public Works and the Department of Water Supply, if applicable "to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable ... Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements." 5. Ordinance 96-8 had a similar provision as that provided in Ordinance 96-7. 6. Based on these promises made by Oceanside, on April 1, 1998 through Resolution 244-98, the Hawai'i County Council authorized the County of Hawaii to enter into the subject Development Agreement with Oceanside pursuant to Section 46-123, Hawai'i Revised Statutes, as amended, and Ordinance No. 93-37 (Hawai'i County Code Chapter 30). 7. On April 20, 1998, the County of Hawai'i through former Mayor Stephen K. Yamashiro entered into the subject Development Agreement with "1250 Oceanside Partners, a Hawaii limited partnership, dba OCEANSIDE 1250 OCEANSIDE." 8. The Development Agreement was meant to clarify the "Land Use Regulations and Approvals" as.of the date of the Development Agreement. 9. The Development Agreement contained provisions relating to Oceanside's obligation to acquire, dedicate and construct the Bypass Highway. 10.The Development Agreement also contained provisions relating to Oceanside's obligation to make subdivision improvements. 11.Paragraph 20 of the Development Agreement states: "Oceanside shall have the right to develop the Project, the Bypass Highway and the Coastline Park in accordance with the terms and conditions of this Agreement and the Approvals, and the parties shall have the right to enforce the provisions of this Agreement. The parties hereto acknowledge that this Agreement is intended to implement the intent of the parties and that Oceanside shall have the right to develop the Project, the Bypass Highway and the Coastline Park pursuant to the Mr. John De Fries April 29, 2010 • Page 3 Land Use Regulations and Approvals, subject to its adherence to and performance of all terms and conditions of this Agreement. In the event that a question arises regarding Oceanside's and the County's responsibilities or their intent, the parties shall look toward this Agreement to clarify such issues." 12.The Development Agreement provided in paragraph 13(b) that prior to the issuance of the first final small-lot Subdivision approval for any portion of the property, Oceanside shall post a bond in favor of the County to assure that the infrastructure improvements for the Bypass Highway and for the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection will be constructed and provide a bond for relevant extension of Haleki'i Street, amongst . other things. 13.The Development Agreement also provided in paragraph 13(d) that "[i]n any event from the time construction commences, the entire Bypass Highway shall be completed within five (5) years provided that those certain circumstances as articulated in Paragraph (39) do not exist." 14.Paragraph 39 states: "Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of any duties, obligations or conditions provided for and required under this Agreement by reason of strikes or other disturbances, lockouts, labor troubles, riots, insurrection, war or civil disturbance, fire or earthquake, tidal wave, acts of God, the elements, government legislation, regulation or controls, or economic controls, making it impossible to complete any duties, obligations, or conditions provided for and required under this Agreement, then performance of such duty, obligation, or condition shall be excused for the period of the delay and the period for the performance of any such duty, obligation, or condition shall be extended for a period equivalent to the period of such delay. Under no circumstances shall this provision operate or be construed to excuse either party from the payment of any sum required to be paid to the other party." 15.The Development Agreement also provided that on or before January lof each and every year following the execution of the Development Agreement, Oceanside shall submit an annual report of its compliance with the terms and conditions of the Development Agreement. 16.On September 16, 1999, Oceanside and the County entered into an Agreement for Regional Traffic Improvements. Said agreement specified that Oceanside was required to construct a bypass highway and other regional traffic improvements pursuant to the conditions of Ordinance 96-7, 96-8 and 97-3, by January 2005. 17.The Agreement for Regional Traffic Improvements was secured by bonds as follows: Mr. John De Fries April 29, 2010 Page 4 Mamalahoa Highway Bypass Phase I (Keauhou to Haleki'i Street) - $15,500,000 Mamalahoa Highway Bypass Phase II (Haleki'i Street to Napoopoo - $9,260,000 Mamalahoa Highway/Haleki'i Street Intersection Improvements - $290,000 18.On September 16, 1999, Oceanside and the County entered into an Agreement (Subdivision Improvements) stating that Oceanside was to complete the construction of utilities improvements (such as roads, drainage structures, sewer system, and potable water systems) in accordance with construction plans and specifications approved by the Planning Department of the County of Hawaii on September 15, 1999, File No. SUB 98-124 by December 31, 2001. Said agreement was secured with a bond in the amount of $34,170,000. 19.On September 16, 1999, Oceanside and the County entered into a Road Maintenance Agreement, whereby Oceanside was to construct an extension to Haleki'i Street and a new road and maintain the landscaping and other facilities for a period of five (5) years after dedication. Said Agreement was secured by a bond in the amount of $1,635,000. 20.Based on the agreements and bonds as provided above, on September 18, 1999, Oceanside received Final Subdivision Approval No. 7168 for "Hokuli'a, Phase I". 21 .On November 27, 2000, Oceanside and the County entered into an Agreement (Subdivision Improvements)where Oceanside agreed to complete construction of utilities and improvements (such as roads, drainage structure, sewer systems, and potable water systems) for Hokulia Phase II by November 27, 2001. Said Agreement was secured by a bond in the amount of$7,190,000. 22.Based on the agreement and bonds as provided in paragraph 21 above, Oceanside received Final Subdivision Approval for Hokulia — Phase II on December 1, 2000. 23.Al( bonds mentioned herein were issued by "American Motorists Insurance Company", one of the Kemper Insurance Companies. 24.The construction of the bypass has always been and continues to be a priority for the County of Hawai'i. When questions arose concerning Oceanside's financial solvency and their ability to fulfill their obligations under the various agreements (including the Development Agreement), as well as the payment of the various bond premiums, representatives of Oceanside and their lender met with the County administration in April 2009, and assured the County of Oceanside's commitment in fulfilling its obligations. Oceanside promised to produce a financial plan to the Mayor of the County of Hawaii, detailing their proposed course for fulfilling these obligations. Mr. John De Fries April 29, 2010 Page 5 25.To date, despite further verbal representations and assurances from Oceanside representatives, no financial plan has been submitted to the County of Hawaii. 26.In February 2010, at a meeting between Oceanside, its lender, and County administration officials, the County again expressed its' concern for the need for Oceanside to fulfill its obligation to complete the bypass, given the acute needs of the community. A proposal was made for the collateralization of real property belonging to Oceanside in favor of the County for the purpose of allowing the County to complete construction of the bypass. After completion of the bypass, Oceanside would be allowed to repay the County; upon fulfilling this financial obligation to the County, the County would release any secured interest in the real property. Oceanside representatives admitted they did not have the financial resources to complete construction of the bypass. 27.Oceanside representatives and their lender agreed to explore this collateralization arrangement and went so far as to begin scheduling a site visit and obtaining an updated appraisal of the subject real estate. 28.Within a few weeks after the discussion with Oceanside concerning the collateralization of their land in favor of the County for the purpose of allowing the County to construct the improvements promised by Oceanside, the County learned Oceanside had arranged a "private auction" of some of its lands. 29.Despite repeated attempts by the County to obtain further information about this "private auction," Oceanside representatives have been deliberately vague and have not provided the County with any material information concerning what this auction is all about, who will be invited to participate in the auction, and what lands are being auctioned. 30.The construction of the bypass began in February 2002. Despite Oceanside's claims they were not obligated to complete the bypass within the five year time as required by the Development Agreement due to periods being "tolled" by litigation, a judicial order putting the County in possession of the land pending appeal was filed by the Third Circuit Court on July 28, 2009. Oceanside has failed to resume construction and the fulfillment of their obligation for the completion of the bypass. Mr. John De Fries April 29, 2010 Page 6 H. Material breach by Oceanside The County of Hawaii alleges as follows: 1. Oceanside has failed to perform its duties under the Development Agreement in good faith. Despite numerous promises by Oceanside of their commitment to fulfill its obligation to our community, the fact remains Oceanside has not fulfilled the majority of and the most substantial requirement of the Development Agreement. When provided the opportunity by the County to collateralize their real property so the County could complete construction of the bypass for our citizens, Oceanside representatives expressed a willingness to enter into such an agreement and went as far as scheduling a site visit and an updated appraisal. Unbeknownst to the County, Oceanside contemporaneously planned a "private auction" of unidentified lands to unidentified buyers. When pressed for information concerning this "private auction" and whether the lands that were to be sold were the very same ones the County sought to collateralize, Oceanside was deliberately vague and ambiguous. As of this writing, despite numerous requests for information, Oceanside has not been forthcoming with any material information. Oceanside's actions constitute a material breach of Paragraph 40 of the Development Agreement in their failure to perform its duties in good faith. 2. Oceanside has failed to complete construction of the bypass as required by the Development Agreement. On July 28, 2009, the Circuit Court of the Third Circuit entered an Order placing the County in possession of earlier disputed lands for the purpose of resuming construction of the bypass. There is no legal impediment preventing Oceanside from fulfilling its obligation to compete construction of the bypass. Oceanside's failure to resume construction of the bypass constitutes a material breach of Paragraph 13(d) of the Development Agreement. 3. Oceanside has failed to complete the subdivision improvements for Phase 1 as required by the Development Agreement. On September 16, 1999, Oceanside and the County entered into an agreement stating that Oceanside was to complete the construction of utilities improvements (such as roads, drainage structures, sewer system, and potable water systems) in accordance with construction plans and specifications approved by the Planning Department of the County of Hawaii on September. 15, 1999, File No, SUB 98-124 by December 31, 2001. This agreement was secured with a bond in the amount of $34,170,000. Mr. John De Fries April 29, 2010 Page 7 The subdivision improvements are not yet complete, despite the December 31, 2001 deadline for completion. Further, the County is of the information and belief there is no current schedule or plan for the completion of the Phase t subdivision improvements. In meetings with County of Hawaii officials, Oceanside representatives have admitted Oceanside does not have the financial capacity to complete construction of the bypass as earlier promised. The veracity of this representation is buttressed by the representation made in the Complaint filed in The Club at Hokulr'a, et. at. v. American Motorists Insurance Company, et. al., Civil No. 10-1-116K (Third Circuit Court, State of Hawaii), wherein Oceanside allegedly admitted in writing on March 3, 2010, that it was unable to complete work as promised with respect to various club and subdivision improvements. Pursuant to Paragraph 24 of the Development Agreement, an annual report must be submitted by Oceanside detailing its "compliance with the terms and conditions of(the Development)Agreement to the Planning Department" Upon information and belief, no report has been received for 2010. The County of Hawaii requests acknowledgment from Oceanside that it is in material breach of the Development Agreement. Please communicate your response to this office as soon as practicable. Very truly yours, LINCOLN S. T. ASH1DA Corporation Counsel Harry Kim o0a<v,,t y` •`! �' Michael Yee Mayor \ki^%c Director • --" Daryn Arai Deputy Director 1T!OF•111•�'� West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwyw •`• 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County ®f Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 12, 2017 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: TIME EXTENSION REQUEST SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli`a Phase 3 North, Part A Proposed Subdivision of Lot 6-A Into Lots 1 to 16, Inclusive And Road Lots R-1 to R-3, Inclusive At Hokukano 2nd and Ka naueue 1st& 2nd, North Kona, Hawaii Hokuli`a Phase 3 North, Part B Proposed Subdivision of Lot B-9-A Into Lots 17 to 36, Inclusive And Road Lots R-4 to R-5, Inclusive At Hokukano 1st& 2nd and Ka naueue 1st& 2nd, and Haleki`i, North and South Kona, Hawaii Hokuli`a Phase 3 North, Part C Proposed Subdivision of Lot C-1-A Into Lots 37 to 64, Inclusive And Road Lots R-6 to R-11, Inclusive At Honua `ino 4th, Hokukano 1st& 2nd, North Kona, Hawaii TMK: 8-1-004:064, 079 and 089(SUB-15-001565) This is in response to your letter of December 27, 2016. Please be informed that an extension of time of one (1) year until March 17, 2018, for the submission of the final plat map, pursuant to Condition No. 10 of the letter of Tentative Approval dated March 17, 2016, is hereby granted. Please be advised that Ordinance No. 92-138, adopted by the County Council on December 4, 1992, amended Chapter 23 of the Hawaii County Subdivision Control Code, reads in part, as follows: www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov Exhibit "7" Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 May 12, 2017 "The subdivider shall complete all requirements specified'as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two (2) years may be granted by the director upon timely written request by the subdivider." The ordinance also makes provisions for those pending subdivision applications which were granted tentative approval prior to the adoption of said ordinance, as follows: "This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from December 4, 1992 and not from the date of preliminary plat (tentative) approval." Therefore, all conditions Of the Tentative Approval dated March 17, 2016, must be complied with by March 17, 2019. An extension of not more than two (2) years may be granted by the director upon timely written request by the subdivider. Should the conditions of tentative approval not be completed within the time limit, the approval of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current code and rule requirements. Should you have any questions, please feel free to contact Jonathan Holmes of this department. Sincerely, �}l'IICH ;L YEE Planning Director • JRH:lnm \\COH33\planning\public\Admin Permits Division\Subdivision\2017\2017-2\SUB-15-001565 1250OceansideHokuliaPh3North PartsAB&CGrantedTE 05-12-17.doc Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 3 May 12, 2017 xc: Manager, DWS w/letter 12/27/16 Director, DPW w/letter 12/27/16 District Environmental Health Program Chief, DOH w/letter 12/27/16 District Engineer, DOT w/letter 12/27/16 Planning Department-Kona w/letter 12/27/16 DPW-ENG-KONA w/letter 12/27/16 DLNR-SHPD (Kapolei) w/letter 12/27/16 1250 Oceanside, LLC c/o Steven Lim, Esq., Carlsmith Ball, LLP rason Knable, Paralegal, Carlsmith Ball, LLP XAR-10-000027 (Amended) w/letter 12/27/16 iril7 iIaN) r r '� 44111 WES THOMAS ASSOCIATES cuu � i , ,; #18400.8 December 27, 2016 Michael Yee, Director Planning Department County of Hawaii 101 Pauahi Street, Ste 3 Hilo, Hawaii 96720 RE: REQUEST FOR TIME EXTENSION HOKULI'A PHASE 3 SOUTH Subdivider: 1250 Oceanside, LLC Hokuli'a Phase 3 South, Part A Proposed Subdivision of Lot B-8-A-1 into Lots 1 to 45, Inclusive and Road Lots R-1 to R-6, Inclusive at Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st, South Kona, Hawaii Hokuli'a Phase 3 South, Part B Proposed Subdivision of Lot B-10-A-1 into Lots 46 to 58, Inclusive and Road Lot R-7 at Onouli 1st, South Kona, Hawaii TMK: 8-1-004: 068 and 093 (3rd Division) (SUB-15-001566) Dear Mr. Yee: The owners of the subject parcel are currently in the process of formulating their plans for complying with the requirements and conditions that need to be met to receive final subdivision approval pursuant to the Tentative Approval letter dated March 17, 2016 and the Amended Tentative Approval letter of October 18, 2016. However, they find that they are in need of additional time for the preparation of the necessary construction drawings and subsequent survey work. As such, we respectfully request an extension of one (1) year in which to complete the plans and requirements. If you have any questions, or need any additional information, please feel free to contact the undersigned at 329-2353. Very truly yours, WES THOMAS ASSOCIATES /, /s/ • ' Chryst, homas 'FT'asaki, L.P.L.S. CTY:cyky = NED cc: 1250 Oceanside, LLC, via email i A,,; - Tog Carlsmith Ball, via email i 0 9 24 I WES THOMAS ASSOCIATES - Land Surveyors 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740 Tel: 808-329-2353 Fax: 808-329-5334 Email: surveys@wtahawaii.com Website: www.wtahawaii.corn Harry Kimof;,,, Michael Yee Mayor �J�; Director --ws Darya Arai 141 Deputy Director 41�� Df'Nt� West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 12, 2017 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: TIME EXTENSION REQUEST SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli`a Phase 3 North, Part A Proposed Subdivision of Lot 6-A Into Lots 1 to 16, Inclusive And Road Lots R-1 to R-3,Inclusive At Hokukano 2nd and Ka naueue 1st& 2nd, North Kona, Hawaii Hokuli`a Phase 3 North, Part B • Proposed Subdivision of Lot B-9-A Into Lots 17 to 36, Inclusive And Road Lots R-4 to R-5, Inclusive At Hokukano 1st& 2nd and Ka naueue 1st& 2nd, and Haleki`i, North and South Kona, Hawai`i Hokuli`a Phase 3 North, Part C Proposed Subdivision of Lot C-1-A Into Lots 37 to 64, Inclusive And Road Lots R-6 to R-11, Inclusive At Honua 'ino 4th, Hokukano 1st& 2nd, North Kona, Hawaii TMK: 8-1-004:064, 079 and 089(SUB-15-001565) This is in response to your letter of December 27, 2016. Please be informed that an extension of time of one (1) year until March 17, 2018, for the submission of the final plat map,pursuant to Condition No. 10 of the letter of Tentative Approval dated March 17, 2016, is hereby granted. Please be advised that Ordinance No. 92-138, adopted by the County Council on December 4, 1992, amended Chapter 23 of the Hawaii County Subdivision Control Code, reads in part, as follows: www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning cahawaiicounty.gov Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 May 12, 2017 • "The subdivider shall complete all requirements specified\as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two (2) years may be granted by the director upon timely written request by the subdivider." The ordinance also makes provisions for those pending subdivision applications which were granted tentative approval prior to the adoption of said ordinance, as follows: "This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements, provided the three year period, and extension, if applicable, shall be taken from December 4, 1992 and not from the date of preliminary plat (tentative) approval." Therefore, all conditions of the Tentative Approval dated March 17, 2016,must be complied with by March 17, 2019. An extension of not more than two (2) years may be granted by the director upon timely written request by the subdivider. Should the conditions of tentative approval not be completed within the time limit, the approval of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to the technical review of the applicable agencies for compliance with current code and rule requirements. Should you have any questions, please feel free to contact Jonathan Holmes of this department. Sincerely, d, &IICH !L YEE • Planning Director JRH:lnm \\COH33\planning\public\Admin Permits Division\Subdivision\2017\2017-2\SUB-15-001565 12500ceansideHokuliaPh3North PartsAB&CGrantedTE 05-12-17,doc r r' Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 3 May 12, 2017 xc: Manager, DWS whetter 12/27/16 Director, DPW whetter 12/27/16 District Environmental Health Program Chief, DOH w/letter 12/27/16 District Engineer, DOT w/letter 12/27/16 Planning Department-Kona whetter 12/27/16 DPW-ENG-KONA w/letter 12/27/16 DLNR-SHPD (Kapolei) whetter 12/27/16 1250 Oceanside, LLC c/o Steven Lim, Esq., Carismith Ball, LLP Jason Knable, Paralegal, Carismith Ball, LLP ,,BAR-10-000027 (Amended) w/letter 12/27/16 1 ' f I;. X17 l, J r,m .WES THOMAS ASSOCIATES IJ�Ji_Jl`.I I r l;',.''v;:II #18400.6 December 27, 2016 Michael Yee, Director Planning Department County of Hawaii 101 Pauahi Street, Ste 3 Hilo, Hawaii 96720 RE: REQUEST FOR TIME EXTENSION HOKULI'A PHASE 3 NORTH .,... _ . .•• Subdivider: 1250 Oceanside, LLC Hokuli'a Phase 3 North, Part A Proposed Subdivision of Lot 6-A into Lots 1 to 16, Inclusive and Road Lots R-1 to R-3, Inclusive at Hokukano 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii Hokuli'a Phase 3 North, Part B Proposed Subdivision of Lot B-9-A into Lots 17 to 36, Inclusive and Road Lots R-4 to R-5, Inclusive , at Hokukano 1st, Hokukano 2nd, Kanaueue 1st and 2nd and Halekii, North and South Kona, Hawaii Hokuli'a Phase 3 North, Part C Proposed Subdivision of Lot C-1-A into Lots 37 to 64, Inclusive and Road Lots R-6 to R-11, Inclusive at Honuaino 4th, Hokukano.lst and Hokukano 2nd, North Kona, Hawaii TMK: 8-1-004: 064, 079 and 089 (3rd Division) (SUB-15-001565) Dear Mr. Yee: The owners of the subject parcel are currently in the process of formulating their plans for complying with the requirements and conditions that need to be met to receive final subdivision approval pursuant to the Tentative Approval letter dated March 17, 2016 and the Amended Tentative Approval letter of October 18, 2016. However, they find that they are in need of additional time for the preparation of the necessary construction drawings and subsequent survey work. As such, we respectfully request an extension of one (1) year in which to complete the plans and requirements. If you have any questions, or need any additional information, please feel free to contact the undersigned at 329-2353. Very truly yours, WES THOMAS ASSOCIATES Chrystal Thoma-. asaki, L.P.L.S. � ED i JAN _ li 7017 l CTY:cyky 1 By: 10 3 2 5 5 I_ cc: 1250 Oceanside, LLC, w/1 print via email Carlsmith Ball, w/1 print via email WES THOMAS ASSOCIATES- Land Surveyors 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740 Tel: 80B-329-2353 Fax: 808-329-5334 Email: surveys@wtahawaii.com Website: www.wtahawaii,corn OS Itss;. William P.Kenoi .„Iq Duane Kanuha Mayor • cP�-�„ \14.. Director ""r • Joaquin Gamiao-Kunkel Deputy Director TE OF*NP'�: West Hawai`i Office East Hawai`i Office 74-5044 Me Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 18, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: AMEND TENTATIVE APPROVAL dated March 17, 2016, Delete Condition No. 3f SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli'a Phase 3 South, Part A Proposed Subdivision of Lot B-8-A-1 Into Lots 1 to 45, Inclusive And Road Lots R-1 to R-6, Inclusive At Ilikahi, Kanakau 1st&2nd, Kalukalu 1st, 2nd, &3rd, and Onouli 1st, South Kona, Hawaii Hokuli'a Phase 3 South, Part B Proposed Subdivision of Lot B-10-A-1 Into Lots 46 to 58, Inclusive And Road Lot R-7 At Onouli 1st, South Kona, Hawai'i TMK: 8-1-004:068 and 093 (SUB-15-001566) This is a follow-up to our approved Roadway Variance VAR-10-000027 dated January 31, 2011 and Amended VAR-10-000027 dated January 13, 2015, related to the subject subdivision application. Based on this approved Roadway Variance VAR-10-000027 and Amended VAR-10-000027, please delete Condition 3f of our Tentative Approval letter dated March 17, 2016, for the above referenced subdivision application. www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planninO,hawaiicounty.gov ) Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 October 18, 2016 Condition 3f of the Tentative Approval letter dated March 17, 2016, is related to the construction of street lights. In accordance with Section 23-93 of Chapter 23, Subdivision Code, street lights shall be constructed within the subdivision. The street lights shall conform to the standard specifications on file with the Department of Public Works. The construction of street lights shall be made a part of the contract for subdivision improvements and installed coinciding with other improvements. As such,given the fact that the proposed subdivision roads have already received approved Roadway Variances, the Department of Public Works concurs with the deletion of the installation of street lights for these specific roadways. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, 6?P' rN' DUANEKA UHA Planning Director ETC:Inm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-4\SUB-15-00156612500ceansideHokuliaPh3 SouthPartsA&B DeleteTACond3f 10-18-16 xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Director, DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside, LLC c/o Steven Lim, Esq., Carlsmith Ball, LLP Jason Knable, Paralegal, Carlsmith Ball, LLP ,'AR-10-000027 f.. k -�`�CF Him'. William P.Kenoi :-�;?• r-., Duane Kanuha Mayor -^ �%g Director rt•r Joaquin Gamiao-Kunkel .•. .�.. .. Deputy Director OF N West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 18, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms. Yamasaki: AMEND TENTATIVE APPROVAL dated March 17, 2016, Delete Condition No. 3f SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli`a Phase 3 East,Part A Proposed Subdivision of Lot 1-A-1-C-1, Into Lots 1 to 31, Inclusive, And Road Lots R-1 to R-3, Inclusive, At Kanaueue 1st& 2nd, Haleki`i and Ke`eke`e 1st, North &South Kona, Hawaii Hokuli`a Phase 3 East Part B Proposed Subdivision of Lots 1 and 3, Into Lots 32 to 66, Inclusive and Road Lots R-4 to R-8, Inclusive, At Haleki`i and Keekee 1st, South Kona, Hawaii Hokuli`a Phase 3 East Part C Proposed Subdivision of Lot 1-A-1-A, Into Lots 67, 68 and 69, At Haleki`i, South Kona, Hawaii TMK: 8-1-035:001 &005 and 8-1-036:001 &006 (SUB-07-000685) This is a follow-up to our approved Roadway Variance VAR-10-000027 dated January 31, 2011 and Amended VAR-10-000027 dated January 13, 2015, related to the subject subdivision application. Based on this approved Roadway Variance VAR-10-000027 and Amended VAR-10-000027, please delete Condition 3f of our Tentative Approval letter dated March 17, 2016,for the above referenced subdivision application. www.cohplanningdept.com Hawai'i County is an Equal Opportunity Provider and Employer planningAhawaiicounty.gov Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 October 18, 2016 Condition 3f of the Tentative Approval letter dated March 17, 2016, is related to the construction of street lights. In accordance with Section 23-93 of Chapter 23, Subdivision Code, street lights shall be constructed within the subdivision. The street lights shall conform to the standard specifications on file with the Department of Public Works. The construction of street lights shall be made a part of the contract for subdivision improvements and installed coinciding with other improvements. As such, given the fact that the proposed subdivision roads have already received approved Roadway Variances, the Department of Public Works concurs with the deletion of the installation of street lights for these specific roadways. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, 6 /\. DUANE KAN HA Planning Director ETC:1nm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-4\SUB-07-000685 12500ceansideHokuliaPh3 EastPartsA&B DeleteTACond3f 10-18-16 xc: Manager,DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Director, DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside, LLC c/o Steven Lim, Esq., Carlsmith Ball, LLP Jason Knable, Paralegal, Carlsmith Ball, LLP ,-VAR-10-000027 William P.Kenoi Duane Kanuha Mayor L�%�� Director * •} Joaquin Gamiao-Kunkel ter••.. Mo f•. Deputy Director Of•M►• - West Hawai`i Office East Hawai`i Office 74-5044 Me Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 18, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: AMEND TENTATIVE APPROVAL dated March 17,2016, Delete Condition No. 3f SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli'a Phase 3 North, Part A Proposed Subdivision of Lot 6-A Into Lots 1 to 16, Inclusive And Road Lots R-1 to R-3, Inclusive At Hokukano 2nd and Kanaueue 1st& 2nd, North Kona, Hawaii Hokuli'a Phase 3 North, Part B Proposed Subdivision of Lot B-9-A Into Lots 17 to 36, Inclusive And Road Lots R-4 to R-5, Inclusive At Hokukano 1st&2nd and Kanaueue 1st &2nd, and Halekii, North and South Kona, Hawaii Hokuli'a Phase 3 North, Part C Proposed Subdivision of Lot C-1-A Into Lots 37 to 64, Inclusive And Road Lots R-6 to R-11, Inclusive At Honuaino 4th, Hokukano 1st&2nd, North Kona, Hawaii TMK: 8-1-004:064, 079 and 089(SUB-15-001565) This is a follow-up to our approved Roadway Variance VAR-10-000027 dated January 31, 2011 and Amended VAR-10-000027 dated January 13, 2015, related to the subject subdivision application. Based on this approved Roadway Variance VAR-10-000027 and Amended VAR-10-000027, please delete Condition 3f of our Tentative Approval letter dated March 17, 2016, for the above referenced subdivision application. www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning(@,hawaiicounty.gov • I 1 ? Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates Page 2 October 18, 2016 Condition 3f of the Tentative Approval letter dated March 17, 2016, is related to the construction of street lights. In accordance with Section 23-93 of Chapter 23, Subdivision Code, street lights shall be constructed within the subdivision. The street lights shall conform to the standard specifications on file with the Department of Public Works. The construction of street lights shall be made a part of the contract for subdivision improvements and installed coinciding with other improvements. As such,given the fact that the proposed subdivision roads have already received approved Roadway Variances, the Department of Public Works concurs with the deletion of the installation of street lights for these specific roadways. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, DUANE KANUHA Planning Director ETC:lnm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-4\SUB-15-001565 12500ceansideHokuliaPh3 NorthPartsAB&C DeleteTACond3f 10-18-16 xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Director, DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) - 1250 Oceanside, LLC c/o Steven Lim, Esq., Carlsmith Ball, LLP Jason Knable, Paralegal, Carlsmith Ball, LLP 'VAR-10-000027 11 William P. Kenoi vf•,'"•!! ;�. Duane Kanuha Mayor ^ ���%�d Director Joaquin Gamiao-Kunkel Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy --'q ®6 101 Pauahi Street,Suite 3 , Kailua-Kona,Hawaii 96740 �C-Env ® 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 20, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street,Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: AMEND TENTATIVE APPROVAL dated March 17,2016, Condition Nos. 3a, 3b&6 SUBDIVIDER: 1250 OCEANSIDE,LLC Hokuli'a Phase 3 East,Part A Proposed Subdivision of Lot 1-A-1-C-1, Into Lots 1 to 31, Inclusive, And Road Lots R-1 to R-3, Inclusive, At Kanaueue 1st&2nd,Haleki'i and Ke'eke`e 1st, North&South Kona, Hawaii Hokuli'a Phase 3 East Part B Proposed Subdivision of Lots 1 and 3, Into Lots 32 to 66, Inclusive and Road Lots R-4 to R-8, Inclusive, At Haleki'i and Ke`eke`e 1st,South Kona, Hawaii Hokuli'a Phase 3 East Part C Proposed Subdivision of Lot 1-A-1-A, Into Lots 67, 68 and 69, At Haleki'i,South Kona,Hawaii TMK: 8-1-035:001 &005 and 8-1-036:001 &006 (SUB-07-000685) This is a follow-up to our approved Roadway Variance VAR-10-000027 dated January 31, 2011 and Amended VAR-10-000027 dated January 13, 2015,related to the subject subdivision application. Based on this approved Roadway Variance VAR-10-000027 and Amended VAR-10-000027, please amend Condition 3a, 3b &6 of our Tentative Approval letter dated March 17, 2016, for the above referenced subdivision application to read as follows: ;r�, Hauvai'i('omit)'is an Equal Opportunity Provider and Employer Pi • • Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 April 20, 2016 3) Access and Roadway Improvements a) For Road Lots R-2, R-5 and R-7, construct minimum 20-ft. wide dedicable roadways within a minimum 50-ft.right-of-way with grassed,landscaped,lava rock or cinder shoulders and swales conforming to Roadway Variance VAR-10- 000027 and Amended VAR-10-000027. Pavement shall be designed to support axle and wheel loads permitted under Section 291-35,Hawaii Revised Statutes. b) Construct dedicable turnaround conforming to Standard Detail R-33 and Roadway Variance VAR-10-000027 and Amended VAR-10-000027. 6) Comply with all conditions of approved Roadway Variance VAR-10-0000027 and Amended VAR-10-000027. In conclusion,all remaining conditions of the Tentative Approval dated March 17, 2016, must also be completed prior to Final Subdivision Approval. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, • DUANE KANUHA Planning Director ETC:lnm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-2\SUB-07-00068512500ceansideHokuliaPh3 EastPartsA&B AmendTAConds3a3b&6 04-20-16 xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH District Engineer,DOT Director,DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside, LLC c/o Steven Lim, Esq.,Carlsmith Ball, LLP Jason Knable,Paralegal,Carlsmith Ball, LLP ,VAR-10-000027 �N �F"'� Duane Kanuha William P.Kenoi •'�. = ;��, Mayor t. Director �s!s Joaquin Gamiao-Kunkel Deputy Director '1TE�F•N'�-. West Hawaii Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 20, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: AMEND TENTATIVE APPROVAL dated March 17, 2016, Condition Nos. 3a, 3b &6 SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli'a Phase 3 North, Part A Proposed Subdivision of Lot 6-A Into Lots 1 to 16, Inclusive And Road Lots R-1 to R-3,Inclusive At Hokukano 2nd and Kanaueue 1st&2nd, North Kona, Hawai`i Hokuli'a Phase 3 North,Part B Proposed Subdivision of Lot B-9-A Into Lots 17 to 36,Inclusive And Road Lots R-4 to R-5, Inclusive At Hokukano 1st&2nd and Kanaueue 1st&2nd, and Halekii, North and South Kona, Hawaii Hokuli'a Phase 3 North,Part C Proposed Subdivision of Lot C-1-A Into Lots 37 to 64,Inclusive And Road Lots R-6 to R-11, Inclusive At Honuaino 4th, Hokukano 1st&2nd, North Kona, Hawaii TMK: 8-1-004:064, 079 and 089(SUB-15-001565) This is a follow-up to our approved Roadway Variance VAR-10-000027 dated January 31, 2011 and Amended VAR-10-000027 dated January 13, 2015, related to the subject subdivision application. Based on this approved Roadway Variance VAR-10-000027 and Amended VAR-10-000027, please amend Condition 3a, 3b &6 of our Tentative Approval letter dated March 17, 2016, for the above referenced subdivision application to read as follows: www.cohplanningdept.ccxn Hawaii County is an Equal Opportunity Provider and Employer planningu"A)hawaiicomtty. Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 April 20, 2016 3) Access and Roadway Improvements a) For Road Lots R-1 and R-7, construct minimum 20-ft.wide dedicable roadways within a minimum 50-ft.right-of-way with grassed,landscaped,lava rock or cinder shoulders and swales conforming to Roadway Variance VAR-10-027 (01/31/11) and Amended VAR-10-000027 (01/13/15). Pavement shall be designed to support axle and wheel loads permitted under Section 291-35, Hawaii Revised Statutes. b) Construct dedicable turnaround conforming to Standard Detail R-33 and Roadway Variance VAR-10-027 and Amended VAR-10-000027. 6) Comply with all conditions of approved Roadway Variance VAR-10-027 and Amended VAR-10-000027. All other remaining conditions of Tentative Approval dated March 17, 2016, are still applicable and must be complied with. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, DANE KAN HA Planning Director ETC:lnm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-2\SUB-15-001565 12500ceansideHokuliaPh3 NorthPartsAB&C AmendTAConds3a3b&6 04-20-16 xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH District Engineer,DOT Director,DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside, LLC c/o Steven Lim,Esq.,Carlsmith Ball, LLP Jason Knable, Paralegal,Carlsmith Ball, LLP BAR-10-000027 William P.Kenoi .,-;0.tr us...... Duane Kanuha Mayor -^, . Director .s• ; Joaquin Gamiao-Kunkel µsq Deputy Director • West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy ('1 • • 101 Pauahi Street,Suite 3 Kam-Kona,330 awai`i 96740 01111 Of Hawaii 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 20, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street,Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: AMEND TENTATIVE APPROVAL dated March 17, 2016, Condition Nos. 3a, 3b &6 SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli`a Phase 3 South,Part A Proposed Subdivision of Lot B-8-A-1 Into Lots 1 to 45, Inclusive And Road Lots R-1 to R-6, Inclusive At Ilikahi, Kanakau 1st&2nd, Kalukalu 1st, 2nd, &3rd, and Onouli 1st, South Kona, Hawaii Hokuli`a Phase 3 South,Part B Proposed Subdivision of Lot B-10-A-1 Into Lots 46 to 58, Inclusive And Road Lot R-7 At Onouli 1st, South Kona, Hawaii TMK: 8-1-004:068 and 093 (SUB-15-001566) This is a follow-up to our approved Roadway Variance VAR-10-000027 dated January 31, 2011 and Amended VAR-10-000027 dated January 13, 2015, related to the subject subdivision application. Based on this approved Roadway Variance VAR-10-000027 and Amended VAR-10-000027, please amend Condition 3a, 3b &6 of our Tentative Approval letter dated March 17, 2016, for the above referenced subdivision application to read as follows: • www_cohplanningdept.com Kawai'i County is an Equal Opportunity Provider and Employer planningr tihawaiicounty.gov Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates Page 2 April 20, 2016 3) Access and Roadway Improvements a) For Road Lots R-1,R-3 and R-7, construct minimum 20-ft.wide dedicable roadways within a minimum 50-ft. right-of-way with grassed,landscaped,lava rock or cinder shoulders and swales conforming to Roadway Variance VAR-10- 000027 and Amended VAR-10-000027. Pavement shall be designed to support axle and wheel loads permitted under Section 291-35, Hawaii Revised Statutes. b) Construct dedicable turnaround conforming to Standard Detail R-33 and Roadway Variance VAR-10-000027 and Amended VAR-10-000027. 6) Comply with all conditions of approved Roadway Variance VAR-10-0000027 and Amended VAR-10-000027. In conclusion,all remaining conditions of the Tentative Approval dated March 17, 2016, must also be completed prior to Final Subdivision Approval. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, DUANE KAN HA Planning Director ETC:lnm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-2\SUB-15-00156612500ceansideHokuliaPh3 SouthPartsA&B AmendTAConds3a3b&6 04-20-16 xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH District Engineer,DOT Director,DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside,LLC c/o Steven Lim, Esq., Carlsmith Ball, LLP Jason Knable,Paralegal,Carlsmith Ball, LLP AR-10-000027 J . William P.Kenoi "'� Duane Kanuha Mayor \k Director =- mss Joaquin Gamiao-Kunkel Deputy Director '`r'Tf.... West Hawaii Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 17, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: TENTATIVE APPROVAL SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli`a Phase 3 South,Part A Proposed Subdivision of Lot B-8-A-1 Into Lots 1 to 45, Inclusive And Road Lots R-1 to R-6, Inclusive At Ilikahi, Kanakau 1st&2nd, Kalukalu 1st, 2nd, &3rd, and Onouli 1st, South Kona, Hawaii Hokuli`a Phase 3 South,Part B Proposed Subdivision of Lot B-10-A-1 Into Lots 46 to 58, Inclusive And Road Lot R-7 At Onouli 1St,South Kona, Hawaii TMK: 8-1-004:068 and 093 (SUB-15-001566) Please be informed that Tentative Approval of the preliminary plat map dated August 5, 2015, is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: www.cohplanningdept.com HcnvaCi County is an Equal Opportunity Provider and Employer planning,athawaiicounty.goy MAR 2 i. 2U16 • ' ) ! ) Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 March 17, 2016 1) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. b) Submit water system construction plans for approval by affected agencies. c) Pay installation and facilities charges as required by the Department of Water Supply. 2) Drainage a) Identify all watercourses and drainage ways and encumber with drainage easements. 3) Access and Roadway Improvements a) For Road Lots R-2, R-5 and R-7, construct minimum 20-ft.wide dedicable roadways within a minimum 50-ft.right-of-way with grassed shoulders and swales conforming to Roadway Variance VAR-10-027. Pavement shall be designed to support axle and wheel loads permitted under Section 291-35, Hawaii Revised Statutes. b) Construct dedicable turnaround conforming to Standard Detail R-33 and Roadway Variance VAR-10-027. c) Intersections which are not at right angles,provide minimum 25-ft. curve radius. All other right-of-ways at these intersections shall have a corner radius of not less than 20-ft. curve radius. d) Submit construction plans and drainage report for review and comment. e) Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. f) Install streetlights/signs/pavement markings as required by the Traffic Division, Department of Public Works. g) Submit a proposed street name conforming to the adopted street naming policy of the County of Hawaii. 4) All wastewater disposal shall comply with the State Department of Health requirements. 5) All easements affecting proposed lots shall be identified for its purpose and to which proposed lot(s) and/or grantee(s) the easement is in favor of. This shall be shown on the final plat map. 6) Comply with all conditions of approved Roadway Variance VAR-10-027. Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 3 March 17, 2016 7) Should any remains of historic sites, such as rock walls,terraces, platforms,marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 8) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 9) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 10) Final Plat Map. Submit ten (10) copies of the final plat map prepared in conformity with Chapter 23,Subdivisions,within one year from the date of tentative approval, on or before March 17, 2017. If not, tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for good cause,the director may grant to the subdivider an extension of time within which the subdivider may file the final plat. As part of final plat map submittal,provide an additional copy of the final plat map as a ".dwg" or ".dxf' diskette file prepared by CAD software. In the alternate, a digital copy of the final plat map may be e- mailed to the Tax Maps and Records Supervisor at planning@hawaiicounty.gov 11) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three (3) years of said tentative approval, on or before March 17, 2019. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date,this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision,pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 4 March 17, 2016 Land shall not be offered for sale,lease or rent until final approval for recordation of the subdivision is granted by the Planning Director or the proposed subdivision has been issued a preliminary order of registration by the Department of Commerce and Consumer Affairs (DCCA) in accordance with the requirements of Chapter 484, Hawaii Revised Statutes. There has been considerable legal controversy over subdivisions in the agricultural district, including the recent Kelly, et.al.v. 1250 Oceanside Partners, et.al., Civil No. 00-1-0192K. Because of the state of the law at this time,we recommend that subdividers in the State Land Use Agricultural district consult with,and rely on,independent legal counsel in deciding whether their subdivisions comply with the requirements of Chapter 205, Hawaii Revised Statutes. We also recommend that you advise lot purchasers to consult with, and to rely on, independent legal counsel regarding permissible uses and the effect of Land Use Commission Rule 15-15-25(b), Hawaii Revised Statutes Section 205-4.5, and Hawaii County Planning Department Rule No. 13, on the requirements to build and occupy dwellings on lots within the subdivision. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, n-Wv` DUANE KA UHA Planning Director ETC:lnm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-1\SUB-15-00156612500ceansideHokuliaPh3 SouthPartsA&B TA 03-17-16 Enc.: PPM (08-05-15) xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH District Engineer, DOT Director,DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside, LLC c/o Steven Lim,Esq.,Carlsmith Ball, LLP Jason Knable, Paralegal, Carlsmith Ball, LLP 4AR-10-027 William P.Kenoi '-0!.. of"'; Duane Kanuha 4°.''(_ ,,`., Mayor - \�\d-i Director *i AV-,-.'S :* .. ....- ±_---,-,r7:,:, .. - Joaquin Gamiao-Kunkel,t� .._.� ;'�� Deputy Director • ATF Cf•N1•� .,r•eae�.• West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 17, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street,Suite 201 Kailua-Kona, HI 96740 • Dear Ms.Yamasaki: TENTATIVE APPROVAL SUBDIVIDER: 1250 OCEANSIDE, LLC Hokuli'a Phase 3 North, Part A Proposed Subdivision of Lot 6-A Into Lots 1 to 16, Inclusive And Road Lots R-1 to R-3, Inclusive At Hokukano 2nd and Kanaueue 1st&2nd, North Kona, Hawaii Hokuli'a Phase 3 North,Part B Proposed Subdivision of Lot B-9-A Into Lots 17 to 36, Inclusive And Road Lots R-4 to R-5, Inclusive At Hokukano 1st&2nd and Kanaueue 1st& 2nd, and Halekii, North and South Kona, Hawaii Hokuli'a Phase 3 North,Part C Proposed Subdivision of Lot C-1-A Into Lots 37 to 64, Inclusive And Road Lots R-6 to R-11, Inclusive At Honuaino 4th, Hokukano 1st&2nd,North Kona, Hawai'i TMK: 8-1-004:064, 079 and 089(SUB-15-001565) Please be informed that Tentative Approval of the preliminary plat map dated August 5, 2015, is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted,the following conditions must be met: www.cohplanninedept.com Hawaii County is an Equal Opportunity Provider and Employer planning( hawaiicounty.eov MAR 21. 21 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 2 March 17, 2016 1) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. b) Submit water system construction plans for approval by affected agencies. c) Pay installation and facilities charges as required by the Department of Water Supply. 2) Drainage a) Identify all watercourses and drainage ways and encumber with drainage easements. 3) Access and Roadway Improvements a) For Road Lots R-2, R-5 and R-7, construct minimum 20-ft.wide dedicable roadways within a minimum 50-ft. right-of-way with grassed shoulders and swales conforming to Roadway Variance VAR-10-027. Pavement shall be designed to support axle and wheel loads permitted under Section 291-35, Hawaii Revised Statutes. b) Construct dedicable turnaround conforming to Standard Detail R-33 and Roadway Variance VAR-10-027. c) Intersections which are not at right angles, provide minimum 25-ft. curve radius. All other right-of-ways at these intersections shall have a corner radius of not less than 20-ft. curve radius. d) Submit construction plans and drainage report for review and comment. e) Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. f) Install streetlights/signs/pavement markings as required by the Traffic Division, Department of Public Works. g) Submit a proposed street name conforming to the adopted street naming policy of the County of Hawaii. 4) All wastewater disposal shall comply with the State Department of Health requirements. 5) All easements affecting proposed lots shall be identified for its purpose and to which proposed lot(s) and/or grantee(s) the easement is in favor of. This shall be shown on the final plat map. 6) Comply with all conditions of approved Roadway Variance VAR-10-027. Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 3 March 17, 2016 7) Should any remains of historic sites, such as rock walls,terraces, platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 8) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 9) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 10) Final Plat Map. Submit ten (10) copies of the final plat map prepared in conformity with Chapter 23, Subdivisions,within one year from the date of tentative approval, on or before March 17,2017. If not,tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for good cause,the director may grant to the subdivider an extension of time within which the subdivider may file the final plat. As part of final plat map submittal, provide an additional copy of the final plat map as a ".dwg" or".dxf' diskette file prepared by CAD software. In the alternate, a digital copy of the final plat map may be e- mailed to the Tax Maps and Records Supervisor at planning@hawaiicounty.gov. 11) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three (3)years of said tentative approval, on or before March 17, 2019. An extension of not more than two (2)years may be granted by the director upon timely request of the subdivider. Please be aware that if at any time during the fulfillment of the foregoing conditions,should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date,this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates Page 4 March 17, 2016 Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision is granted by the Planning Director or the proposed subdivision has been issued a preliminary order of registration by the Department of Commerce and Consumer Affairs (DCCA) in accordance with the requirements of Chapter 484, Hawaii Revised Statutes. There has been considerable legal controversy over subdivisions in the agricultural district, including the recent Kelly, et.al.v. 1250 Oceanside Partners, et.al., Civil No. 00-1-0192K. Because of the state of the law at this time,we recommend that subdividers in the State Land Use Agricultural district consult with, and rely on, independent legal counsel in deciding whether their subdivisions comply with the requirements of Chapter 205, Hawaii Revised Statutes. We also recommend that you advise lot purchasers to consult with, and to rely on, independent legal counsel regarding permissible uses and the effect of Land Use Commission Rule 15-15-25(b),Hawaii Revised Statutes Section 205-4.5,and Hawaii County Planning Department Rule No. 13, on the requirements to build and occupy dwellings on lots within the subdivision. Should you have any questions,please feel free to contact Ed Cheplic of this department. Sincerely, DUANE KANUHA Planning Director ETC:lnm Coh33,1,planning\public\Admin Permits Division\Subdivision\2016\2016-1\SUB-15-001565 12500ceansideHokuliaPh3 NorthPartsAB&C TA 03-17-16 Enc.: PPM (08-05-15) xc: Manager, DWS Director,DPW District Environmental Health Program Chief, DOH District Engineer, DOT Director,DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside, LLC c/o Steven Lim,Esq.,Carlsmith Ball,LLP Jason Knable, Paralegal,Carlsmith Ball, LLP 'VAR-10-027 ir William P. Kenoi • ,0.!.F...'!%� Duane Kanuha cf.Mayor : - V1145 Director • Mrd; • Joaquin Gamiao-Kunkel '- Depury Director West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 17, 2016 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street,Suite 201 Kailua-Kona, HI 96740 Dear Ms.Yamasaki: • TENTATIVE APPROVAL HOKULI`A PHASE 3 EAST (SUB-07-000685) SUBDIVIDER: 1250 OCEANSIDE,LLC Hokuli`a Phase 3 East,Part A Proposed Subdivision of Lot 1-A-1-C-1, Into Lots 1 to 31, Inclusive, And Road Lots R-1 to R-3, Inclusive, At Kanaueue 1st&2nd, Haleki`i and Ke`eke`e 1st, North&South Kona, Hawaii Hokuli`a Phase 3 East Part B Proposed Subdivision of Lots 1 and 3, Into Lots 32 to 66, Inclusive and Road Lots R-4 to R-8, Inclusive, At Haleki`i and Keekee 1st, South Kona, Hawaii Hokuli`a Phase 3 East Part C Proposed Subdivision of Lot 1-A-1-A, Into Lots 67,68 and 69, At Haleki`i, South Kona, Hawaii TMK: 8-1-035:001 &005 and 8-1-036:001 &006 (SUB-07-000685) Please be informed that Tentative Approval of the second revised preliminary plat map dated August 5, 2015, is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted,the following conditions must be met: wwv.cohplanninedept.com Howar'i County is an Equal Opportunity Provider and Employer plamting(d)hawaiicounty.Qov MAR 21 2016 Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates Page 2 March 17, 2016 1) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. b) Submit water system construction plans for approval by affected agencies. c) Pay installation and facilities charges as required by the Department of Water Supply. 2) Drainage a) Identify all watercourses and drainage ways and encumber with drainage easements. 3) Access and Roadway Improvements a) For Road Lots R-2, R-5 and R-7, construct minimum 20-ft.wide dedicable roadways within a minimum 50-ft.right-of-way with grassed shoulders and swales conforming to Roadway Variance VAR-10-027. Pavement shall be designed to support axle and wheel loads permitted under Section 291-35, Hawaii Revised Statutes. b) Construct dedicable turnaround conforming to Standard Detail R-33 and Roadway Variance VAR-10-027. c) Intersections which are not at right angles, provide minimum 25-ft. curve radius. All other right-of-ways at these intersections shall have a corner radius of not less than 20-ft. curve radius. d) Submit construction plans and drainage report for review and comment. e) Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. f) Install streetlights/signs/pavement markings as required by the Traffic Division, Department of Public Works. g) Submit a proposed street name conforming to the adopted street naming policy of the County of Hawaii. 4) All wastewater disposal shall comply with the State Department of Health requirements. 5) All easements affecting proposed lots shall be identified for its purpose and to which proposed lot(s) and/or grantee(s)the easement is in favor of. This shall be shown on the final plat map. 6) Comply with all conditions of approved Roadway Variance VAR-10-027. { Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 3 March 17, 2016 7) Should any remains of historic sites,such as rock walls,terraces, platforms, marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 8) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 9) Surveyor's Certification. Place property markers in accordance with the final plat map.. Surveyor shall submit certification upon completion. 10) Final Plat Map. Submit ten (10) copies of the final plat map prepared in conformity with Chapter 23, Subdivisions,within one year from the date of tentative approval, on or before March 17,2017. If not,tentative approval to the second revised preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for good cause, the director may grant to the subdivider an extension of time within which the subdivider may file the final plat. As part of final plat map submittal,provide an additional copy of the final plat map as a".dwg" or".dxf' diskette file prepared by CAD software. In the alternate, a digital copy of the final plat map may be e-mailed to the Tax Maps and Records Supervisor at planning@hawaiicounty.gov 11) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the second revised preliminary plat map within three (3) years of said tentative approval, on or before March 17, 2019. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date,this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates Page 4 March 17, 2016 Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision is granted by the Planning Director or the proposed subdivision has been issued a preliminary order of registration by the Department of Commerce and Consumer Affairs (DCCA) in accordance with the requirements of Chapter 484, Hawaii Revised Statutes. There has been considerable legal controversy over subdivisions in the agricultural district, including the recent Kelly, et.al.v. 1250 Oceanside Partners, et.al., Civil No. 00-1-0192K. Because of the state of the law at this time,we recommend that subdividers in the State Land Use Agricultural district consult with,and rely on,independent legal counsel in deciding whether their subdivisions comply with the requirements of Chapter 205, Hawaii Revised Statutes. We also recommend that you advise lot purchasers to consult with, and to rely on,independent legal counsel regarding permissible uses and the effect of Land Use Commission Rule 15-15-25(b), Hawaii Revised Statutes Section 205-4.5, and Hawaii County Planning Department Rule No. 13, on the requirements to build and occupy dwellings on lots within the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, DUANE KA UHA Planning Director ETC:Inm Coh33\planning\public\Admin Permits Division\Subdivision\2016\2016-1\SUB-07-000685 12500ceansideHokuliaPh3 EastPartsAB&C TA 03-17-16 Enc.: Second Revised PPM (08-05-15) xc: Manager, DWS Director, DPW District Environmental Health Program Chief,DOH District Engineer,DOT Director, DEM Planning Department-Kona DPW-ENG-KONA DLNR-SHPD (Kapolei) 1250 Oceanside,LLC c/o Steven Lim, Esq., Carlsmith Ball, LLP Jason Knable, Paralegal,Carlsmith Ball,LLP ,4AR-10-027 tYOi William P.Kenoi •"•!;�,' . Duane Kanuha Mayor yW.•, ', Nta • "«‘ � Director Bobby Command i?•;;., :,•V' Deputy Director . R oF`N'M • West Hawaii Office East Hawaii Office 74-5044 Ane Kcohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County Of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 January 13, 2015 Steven S.C. Lim, Esq. Carlsmith Ball, LLP P.O, Box 686 Hilo, HI 96721-0 k Dear Mr, ' : SUBJECT: VARIANCE: VAR-10-000027 (AMEND) Applicant: 1250 OCEANSIDE, LLC Agent: STEVEN S.C. LIM, ESQ., CARLSMITH BALL, LLP Owner: 1250 OCEANSIDE, LLC Request: Variance from Chapter 23,Subdivisions,Article 6, Division 2, Improvements Required Tax Map Key: Various This responds to your request, dated December 12, 2014, to amend VAR-10-000027 by including roadway shoulder and swale treatments other than grass. Your request included the following rational: "Hokuli'a is a naturally beautiful place and the Planning Departments approval of grassed shoulders and swales along all the Project roadway corridors only helps to enhance the signature appearance of Hokuli'a. The new owners of Hokuli'a also recognize that the Project roadways should not impose on the environment, but rather complement the environment. In order to emphasize the distinctive natural environment through the sensible design of the existing and proposed roadway shoulders and swales throughout the Project, 1250 requests the following amendments to the VAR-10-027, primarily to provide increased flexibility when implementing the construction of the roadway shoulders: , 1, The use of low profile landscaping to enhance overall visual appeal and also to draw attention to certain roadway features, such as intersection approaches, to increase driver awareness,which is a similar application found in other resort projects; (See Exhibit A-Typical Shoulder Sections-1) www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning@hawahcounty.gov r JAN I. 2015 Steven S.C. Lim, Esq. Carlsmith Ball, LLP Page 2 January 13, 2015 2, The use of lava rock and cinder treatments within the road rights-of-way at certain road shoulders to allow a blending of the roadway into the natural design theme for the road corridors. The lava rock and cinder treatments will allow 1250 to utilize native materials that promote sustainability, reduce water usage, reduce maintenance costs, and more importantly provide natural infiltration to minimize and impede storm water runoff. (See Exhibit B-Typical Shoulder Section-2)." We find that the requested amendments are in keeping with the original intent of the granting of VAR-10-000024 that allowed shoulders and swales to be grassed in lieu of being paved. Therefore, by way of this letter, any reference to "...grassed..." shoulders and swales (or any derivative) in the variance approval letter shall be amended to read "...grassed, landscaped, lava rock or cinder..." shoulders and swales. Further, the exhibits A & B included with your request for amendment shall be made exhibits within the variance file and approval letter, We have attached the exhibits presented for easy reference, Should you have any questions, please contact Jonathan Holmes at (808) 961-8146 or jonathan.holmes@hawaiicounty.gov. Sincerely, PP11/ C -- DUANE KAN HA Planning Director JRH:nci 11COH331planning1public\Admin Permits DivisionlVariance120101VAR 10-0271250 Oceanside PartnerslAmend 01-13-15:docx xc: Director, DPW w/copy of request letter 12-12-14 t t e • • 1 _r il 2- cf �_ li I r; �y m qtr a:0 l4n i 21V W 0 FR F \ -IFNJ' •1. �,• • t. O FF 1 ri yAl CC6 . I .. ' _ •+ - w 0� W .. I 4 i' I O2 i 4 rl ' ._� MCO 4 co.^_ 0 O NE, • 5`.._ So ff W.. 3 J L co cc �I4-, 3! ;: O w 4,i ..s, le. to ,7,,� h.: Is: �a = I " �! ., I to' y� n z CO 9R j I {,w.l•ryutn 551).'+0 tIC:1.14'5515 ! } 2 �! . i . # ». "k . _®--- q •` . k ` ® 4-•• K ': K • z \\ . . ? )� . . � . f z . . ! E ! 6 , , #« k } { ) 0 -- .j-� � � \ IL }}/ �\ : . , w 2 w 222 . Q // \ y A » ; p¢& !)4, » - `,\« g p »% . d �f t { � / \\ /! {\ f � % �$ §f IL c ; k // } , w. ?_ % % 5/` �% &| ,_ D § : \� r . § 2. •. - // k/ k6 § D :E- ' ) '. ' . § ® ® « | %e p & .. :�:. . ~;j > k 7 �< \ q /� /{ t \ o 8 §§ z } 22 / 2 ■ . e Q f . '. < j§ . 2 . « ! ) ag . ,6 . \ } , } , > re . . .\ > ., —J ! ; v / 2 % I" ' ! kR \\!' ' g$j � � ..:,_ii..- , ! . . . .. �.. . . .,k . {. e -- } \ .. } _y ,-u , �—--_ : �_ -/_ )� ' • ] \ . . 0....4_,t.1- rI w, Pk,4rHII" CARLSMITH BALL LLP GODU1t( �r kr, f Ily1 A LIMrIEo LIABII.I•I•Y LAW PARTNERSHIP 20111 i 2 PI 4' 121 WAIANUENUE AVENUE t DECE3 P.O.Box 686 HILo,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 j W W W.CARLSMITH.COM SLIMDACARI SMITII.COM December 12, 2014 VIA HAND DELIVERY Duane Kanuha Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attn: Larry Nakayama Re: Amendment to VAR-10-027 Original Applicant: 1250 Oceanside Partners Successor Applicant: 1250 Oceanside, LLC Tax Map Key Nos.: (3) 8-1-004:003, 064, 065, 068 and 070; 8-1-026:057 and 8-1-032:054 Dear Mr. Kanuha: This firm represents 1250 Oceanside, LLC (see attached Fee Owner's Letter of Authorization), the current developer of the Hokuli'a project ("Project"). The prior developer was 1250 Oceanside Partners, LLC (aka the "Partnership"). For background purposes, on July 1, 2014, the Ilokuli'a Project emerged from bankruptcy, and 1250 Oceanside, LLC ("1250") succeeded to all rights, title, and interest formerly owned by the Partnership. 1250 is now in a position to resume the development of Hokuli'a and is actively working with its consultants on the necessary land use entitlements to move the Project forward. As you arc aware, on January 31, 2011, the Planning Department approved VAR-10-027, which allowed a variance from, 1) Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets, and 2) Section 23-95, Right-of-way improvements, relating to all existing and proposed roadways within the Hokuli'a project. VAR-10-027 specifically allowed, 1) retention of the existing, and construction of new private 20-foot wide roadways within 50 to 60-foot wide rights-of-way within the phased Hokuli'a Project, and 2) the installation of grassed shoulders and swales along the road rights-of-way throughout Hokuli'a, in lieu of the County standard requirement of graded• and paved road shoulders, which are typically required for dedicable roads. HONOLULU • IIILO KONA • MAUI • GUAM 110009ir: 8 46 4820-9081-2705.2.051730-00001 i. yy t. t _ Duane Kanuha December 12, 2014 Page 2 Hokuli'a is a naturally beautiful place and the Planning Department's approval of grassed shoulders and swales along all the Project roadway corridors only helps to enhance the signature appearance of Hokuli'a. The new owners of Hokuli'a also recognize that the Project roadways should not impose on the environment, but rather complement the environment. In order to emphasize the distinctive natural environment through the sensible design of the existing and proposed roadway shoulders and swales throughout the Project, 1250 requests the following amendments to the VAR-10-027, primarily to provide increased flexibility when implementing the construction of the roadway shoulders: 1. The use of low profile landscaping to enhance overall visual appeal and also to draw attention to certain roadway features, such as intersection approaches, to increase driver awareness, which is a similar application found in other resort projects (See Exhibit A - Typical Shoulder Sections -1) 2. The use of lava rock and cinder treatments within the road rights-of-way at certain road shoulders to allow a blending of the roadway into the natural design theme for • the road corridors. The lava rock and cinder treatments will allow 1250 to utilize native materials that promote sustainability, reduce water usage, reduce maintenance costs, and more importantly provide natural infiltration to minimize and impede storm water runoff(See Exhibit B - Typical Shoulder Section-2). Assuming the Planning Department approves the subject road shoulder and swale treatments, as with the grassed shoulders and swale treatment approved under VAR-10-027, these new improvements will continue to be owned and maintained by the Hokuli'a Community Association in perpetuity. The approval of these additional road shoulder and swale treatments will not be detrimental to the public's welfare and will not cause substantial adverse impact to the area's character and to adjoining properties within Hokuli'a. 1250 will also continue to comply with the conditions of approval in VAR-10-027 in a timely fashion. We trust that the enclosed discussion provides adequate justification to support an approval for optional use of low profile landscaping, and lava rock and cinder treatments for the existing and all other proposed Project-wide roadway shoulders and swales. 1250 is eager to move the Project forward in an expeditious fashion and is prepared to immediately implement these new designs when preparing the required construction and landscape plans for the Hokuli'a roadways. Should you require any additional information or clarification on the proposed amendments to VAR-10-027, please do not hesitate to contact our office at any time at 808-935- 6644. Thank you for your consideration. 4820-9081-2705.2.051730-00001 Duane Kanuha December 12, 2014 Page 3 Very truly yours, g - .en S.C. Lim Attachment(s) cc: 1250 Oceanside, LLC 4820-9081-2705,2.051730-00001 Fri,03 Oct 2014—9:20am M:\Hokulia\2013332900 Sun Kona\04 Graphics\CAD\Sheets Road Shoulders\Figure—Typical Shoulder Sectians.dwg I50', 60' OR 80' R.O.W. 32', 40' OR 44' GRADED SECTION iI 1 CL 16', 20' OR 22' 1 IROUNDING SHLDR LANE 1- LANE SHLDR ROUNDING I 1 2' 6' OR 10' 10' OR 12' T 10' OR 12' 6' OR t; 1 1 10'* . Ake 1 *OR EXISTING i'� I , +'Ir WIDTH �� GRASS GRASS ' ,��I'+ �lL I TREE ��, ,, ' 2"MIN 2"MIN ,p• TREE ,,' `,!'}il /��`I• TOPSOIL 1 2" A.C. TOPSOIL 5N �� 3/4" (MIX NO. 3) 3/4" 1 \I, p' /_/FT 1/4 /FI 1/4 /FT _____r 21 4" AGGREGATE 6" SELECT BORROW BASE COURSE SUBBASE GRASS SHOULDERS NOT TO SCALE 50', 60' OR 80' R.O.W. _ 32', 40' OR 44' GRADED SECTION 1 1 CL 16', 20' OR 22' 1 I ROUNDING _SHLDR LANE LANE , ,SHLDR ROUNDING I i 2' 6' OR 10' 10' OR 12' 10' OR 12' 6' OR 11 ' i i 10'* . '�'. 1 *OR EXISTING T�, GROUND GROUND ,pt. I WIDTH ���} CRUZ COVER** ,,'i�'+ << TREE ,V :, 2"MIN 2"MIN ,,6),TREE ,.670 TOPSOIL 12' A.C. TOPSOIL * ' •� <`c 3/4" (MIX NO. 3) 3/4" N5� /FT 1/4"/FT 1/4"/FT /FT 'V ,\ 1 _i �" 4" AGGREGATE # 6"r SELECT BORROW **GROUND COVER ' ,! 3'MAXIMUM HEIGHT 'r BASE COURSE SUBBASE LANDSCAPE SHOULDERS NOT TO SCALE W L E v 2 L NOTE: SECTIONS DEPICT VARIOUS SHOULDER CONDITIONS TO BE CONSTRUCTED WITHIN HOKULIA. TiU TYPICAL SHOULDER SECTIONS - 1 3.N Exhibit A Hokulia(Project Wide) o BELT COLLINS' 8 , October 2014 0 Fri,03 Oct 2014— 11:35am M:\Hokulia\2013332900 Sun Kona\04 Graphics\CAD\Sheets Road Shoulders\Figure—Typical Shoulder Sectians,dwg 50', 60' OR 80' R.O.W. I ' 32', 40' OR 44' GRADED SECTION 1 CL 16', 20' OR 22' IROUNDING �SHLDR LANE LANE SHLDR ROUNDING 1 2' 6' OR 10' 10' OR 12' 10' OR 12' 6' OR 2' i 10'* I *OR EXISTING i WIDTH 2"LAVA 2"LAVA ROCK ROCK, 4"THICK- 1 2" A.C. 4"THICK c fin. 3/4" (MIX NO. 3) 3/4" 15�� 21 r4" AGGREGATE J �6" SELECT BORROW NOTE: FOR DRY WELLS ALONG ROAD BASE COURSE SUBBASE SLOPES EXCEEDING 3%,INSTALL 6" ROADS SLOPES <10% LAVA ROCK 10'UPSLOPE AND 4' DOWNSLOPE OF DRY WELLS. LAVA ROCK SHOULDERS NOT TO SCALE 50', 60' OR 80' R.O.W. 32', 40' OR 44' GRADED SECTION CL 16', 20' OR 22' 1 ROUNDING SHLDR LANE LANE SHLDR, ROUNDING I 2' 6' OR 10' -4 10' OR 12' T' 10' OR 12'• *6' OR 2' 1 10'* I *OR EXISTING WIDTH 6"LAVA 6"LAVA I ROCK ROCK, 6"THICK 1 2" A.C. 6"THICK • ' 3/4 (MIX NO. 3) 3/4" S�F7 ti4" AGGREGATE_ 6" SELECT BORROW `4-. ' BASE COURSE SUBBASE ROADS SLOPES >_10% AND AT DRY WELLS i_ LAVA ROCK SHOULDERS E NOT TO SCALE c N NOTE: a SECTIONS DEPICT VARIOUS SHOULDER CONDITIONS TO BE CONSTRUCTED WITHIN HOKULIA. U TYPICAL SHOULDER SECTIONS - 2 N h L COLLINS'BELTExhibit B Hokulia(Project Wide) a October 2014 0 FEE OWNER'S LETTER OF AUTHORIZATION Tax Map Key Nos,: (3) 8-1-004:003, 064, 065, 068 and 070; 8-1-026:057, and 8-1-32:054 Districts of North Kona and South Kona,Island, County and State of Hawaii The undersigned is the fee owner of the real property above-identified and hereby authorizes Carlsmith Ball,LLP to apply For, execute and process an amendment to VAR 10-027 with the County of Hawaii, and to participate in proceedings associated with said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. 1250 Oceanside,LLC a Delaware Limited Liability Company By: Sun Kona Finance 1, LLC By: Name: Duane A.Grimsman Its: Senior Vice President Subscribed and sworn (or affirmed) before me this \ 2- day of c <. . , 2014. AMBER CASTOR < tl { ,', Cotut,(I1984528 (" ! '- \,'S, , COTAR'I PUBLIC-CALIFORNIA PLA T COiuo Name: \t-' i, `. �, '. 1 cs-o'- l,1Y CO''1 EaP.JULY 6 2016 {a ')�vrvrrrrri'i rr•r,?%rr 4" 1tI.9 WNi�f Notary Public, State of My commission expires: -.1. `\ t, 1\\. (Notary Stamp or Seal) NOTARY CERTIFICATION STATEMENT Document Identification or Description:, Fee Owner's Letter of Authorization Document Date: \ ",� \� 2. No. of Pages: One(I) including this page rk • AMBER CASTOR < Jurisdiction(in which notarial act is performed): tt',h. -tip, Cot,n,l,ll 1984528 ) - ti. t� trl NfiiARPIPUOUCart C IIF000IA 1 \L �r,Z r'.' My Com ELP.JuIY 8,2016 1, v revs, Signature of Notary Date of Notarization and Certification Statement (Notary Stamp or Seal) Printed Name of Notary 4839-4075-2920.1.051730-000a 1 r 1 1 6 1 I # I �;n 1Y ,w Ir •m 1 4Mw I1 t r ill , ,""n wrr " w�w � '�."p , \ A 3 Ir ow y ... + I`' r4z ¢. g It , ' g ''‘ ' 1 _ d .,r I 6�1 .o� il "it!' ', H. r ,,,, t rF� .tet„".,. x ,�.r �, � a "xa r 'f I I .. „ A w ,'„,„,, '',,'.:, lit' 4 l� f ei 11 .ti W . , a"' 46 y�, ,fintl¢x t r ., 1 . , , "x to t� . SYR " ." t 4. William P.Kenoi �.►1v� ."� BJ Leithead Todd Mayor • ^ J^le; Director Margaret K.Masunaga % •+f•+-_ Deputy E uF•N� - West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy . • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 26, 2012 Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr, Fuke; FINAL SUBDIVISION APPROVAL NO. SUB-07-000589 SUBDIVIDER: 1250 OCEANSIDE PARTNERS, et al. "Hokulia Phase 2 Amendment 6" Proposed Consolidation of Lot 12 of Hokuli`a (Amended) (File Plan 2290) and Lots 56, 77 to 88, Inclusive, R-5, R-7, R-8 and R-9 of Hokuli`a Phase 2 (Amended) (File Plan 2307), And Lot A of Hokuli'a Phase 2 Amendment 5, And Subdivision of said Consolidation, Into Lots A-1, B, 77 to 88, Inclusive, Lots 98, 99, 100 & Road Lots 12-A, R-5-A, R-7-A & R-9-A, At Hokukano 1st and 2nd, North Kona, Island of Hawai'i, Hawai'i TMK: 8-1-004:071 & Por. 070; 8-1-032;036, 056 & For. 054; & 8-1-034;004 to 015, Inclusive Please be informed that final subdivision approval for recordation is hereby granted to the final plat map dated September 13, 2011, as attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23, as modified have been met. You and the subdivider may wish to consult an attorney and surveyor for the preparation of the necessary legal documents and description of the certified final plat map for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. This final subdivision approval is in compliance with the March 2, 2012, Settlement and Release Agreement, Section II Covered Claims, Paragraph No. 2 (Pages 2 and 3). www.cohplanningdept.com ' Hawai7 County is an Equal Opportunity Provider and Employer planning`cni,co.hawaii.hi.us Sidney Fuke Planning Consultant Page 2 April 26, 2012 Copies of the certified final plat map are enclosed, Sincerely, BJ LEITHEAD TODD Planning Director ETC:Inm \\Coh331planninglpublic'Admin Permits Division\Subdivision\2012\SUBc2012-2\SUB-07-00058912500ceansideHokuliaPh2Amend6FSA.doc Encs,: 2 Certified FPM xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT PLNG-KONA w/Certified FPM Real Property Tax Division-Kona w/Certified FPM Tax Maps and Records Supervisor w/Certified FPM Jo-Ann Hamilton, Its General Manager, 1250 Oceanside Partners & Red Hill 1250, Inc. Honorable William P. Kenoi, Mayor, County of Hawaii Alan Kato, Belt Collins Hawaii, Ltd. VAR-10-000027 //J�''tY� William P. Kenoi �`�; (11' F ' .. . � . Bobby Jean Leithead Todd �V(6'4 Mayor • Planning Director Margaret K.Masunaga +r+=- Deputy Planning Director oF-N► County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 October 6, 2011 Alan Kato Belt Collins Hawaii, Ltd, 2153 North King Street, Suite 200 Honolulu, HI 96819 Dear Mr. Kato: APPROVAL OF CONSTRUCTION PLAN TITLE SHEET MYLAR SUBDIVIDERS: 1250 Oceanside Partners, et al. "Hokuli`a Phase 2 Amendment 6" Proposed Consolidation of Lot 12 of Hokuli'a (Amended) (File Plan 2290) and Lots 56, 77 to 88, Inclusive, R-5, R-7, R-8 and R-9 of Hokuli'a Phase 2 (Amended) (File Plan 2307), And Lot A of Hokuli'a Phase 2 Amendment 5, And Subdivision of said Consolidation, Into Lots A-1, B, 77 to 88, Inclusive, Lots 98, 99, 100 & Road Lots 12-A, R-5-A, R-7-A & R-9-A, At Hokukano 1st and 2nd, North Kona, Island of Hawai'i, Hawai'i TMK: 8-1-004:071 and Por. 070; 8-1-032:036 & Por. 054; & 8-1-034:004 to 015, Incl. (SUB-07-000589) We have reviewed the subject tracing of the construction plan and found that it has met with our approval. Accordingly, we have certified the title sheet mylar and have enclosed it with this letter, Please submit appropriate sets of prints of the aforesaid tracing together with specifications to the listed officers for reference and files. Further action on the subject subdivision request shall be taken when the subdividers meets with the remaining conditions of tentative approval and complete all improvements in accordance with the approved construction plans. In lieu of actually completing the improvements to secure final subdivision approval, the subdividers may file with our department a 100% surety bond and agreement to ensure completion of all subdivision improvements. Hawaii County is an Equal Opportunity Provider and Employer Alan Kato Belt Collins Hawaii, Ltd. Page 2 October 6, 2011 If you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, Aii BJ LEITHEAD TODD Planning Director ETC:Inm P,1Admin Permits Division\Subdivision120111SUBc2011-41SUB-07-00058912500ceansideHokuliaPh2Amend6 CPA.doc Enc.: Title Sheet Mylar xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH Planning Department-Kona 1250 Oceanside Partners, et al., Attn: Erich Purcell Lyle Anderson Clayton M. Kaneshiro, LPLS, Belt Collins Hawaii, Inc. Sidney Fuke, Planning Consultant /VAR-10-000027 ` William P.Kenoi ?ftv.os"•1!!'''• BJ Leithead Todd Mayor tP '- Ile Director --'4- Ij Margaret K.Masunaga ;i'1: ;:M;r* �• Deputy • County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 January 31, 2011 Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: SUBJECT: Variance Application: VARIANCE (VAR 10-027) Agent: Sidney Fuke,Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23, Subdivisions TMK: 7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068 and 070; 8-1-032: 054; 8-1-033: 013 through 017; and 8-1-026: 057 and 8-1-032: 054 After reviewing your Variance Application, the Planning Director certifies the approval of VAR 10-027 from minimum road improvements, subject to variance conditions. The variance is from Hawai`i County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets and Section 23-95, Right-of-way improvement. VAR 10-027 permits the retention of existing and construction of new private 20-foot wide roadways with 50 and 60-foot wide rights-of-way within a multi-phased residential subdivision (Hokulia). The requested road section would be to omit the requirement for grading and paving of the road shoulders and replace with grassed shoulders. The decision to approve VAR 10-027 is based on the following background information and findings. BACKGROUND 1. Location. The subdivision measures approximately 1,552 acres and is located on the border of the North and South Kona districts. Hawaii County is an Equal Opportunity Provider and Employer Sidney Fuke Planning Consultant Page 2 January 31, 2011 2. Zoning. The property is zoned Residential-Agriculture — 1 Acre (RA-1A) by the County and designated Agriculture (A) by the State Land Use Commission (LUC). 3. Subdivision Application. The Hokulia subdivision proposes a maximum of 665 residential lots, a golf course and associated amenities. Roads within the development, both existing and planned, are intended to be privately owned and maintained. The development is broken into three general phases: Phase I, Phase II, and Phase III. Phases I and II have been completed and granted final subdivision approval. Phase III is further separated into three sub-phases, North, South and East, with Phase III North and South having received tentative subdivision approval. Phase III East is under review by the Planning Department. 4. Variance Application. On April 20, 2010, a variance application was submitted for review, concerning the existing and proposed roads. On July 6, 2010 the variance application was returned, in part due to the department's stance that variance approval was not needed for Phases I, II and III North and South. Construction plans, including roadways with grassed shoulders in lieu of the paved shoulders, had already been approved by the County Departments of Public Works and Planning. Bonding and/or improvements in many of these road sections had already been completed. Following further discussion with the applicant and the request to reconsider, in order to legitimize the deviations from the subdivision code, the variance application was resubmitted on July 29, 2010 and included such items as the application, fee, narrative, maps and other associated material. Supplemental materials were also subsequently provided on October 18, 2010. 5. Agency Comments and Requirements. a. The State of Hawai`i Department of Health (DOH) memorandum is dated December 23, 2010. Refer to SOH-DOH memo in VAR application file. b. The Hawaii Fire Department (HFD) memorandum is dated January 4, 2011. Refer to HFD Memo in Variance application file. c. The Department of Public Works (DPW) memorandum is dated January 5, 2011. Refer to DPW memo in VAR application file. A Sidney Fuke Planning Consultant Page 3 January 31, 2011 6. Public Notice. The applicant filed a copy of the notice sent to surrounding property owners within 500 feet of the subject property. According to the affidavit provided by the applicant and dated May 18, 2010, notices were provided on May 17th. Notice of this application was published in the Hawai`i Tribune Herald and West Hawai`i Today on December 28, 2010. The applicant filed an affidavit dated May 18, 2010, in regards to posting a sign upon the subject site that included pictures of the installed signage and other information. 7. Comments from Surrounding Property Owners or Public. a. A letter from Devlyn Akau, dated May 24, 2010, was submitted and cites concerns with impacts of development on the environment. Refer to memo in VAR application file. b. A letter from R. Dvorak, dated June 20, 2010,was submitted and requests that no variances or future approval should be granted until past commitments are met. Refer to memo in VAR application file. Aside from the above, no further comments in support of or in opposition to the request have been submitted to the department REVIEW CRITERIA Chapter 23, Subdivisions, specifically, Section 23-14, provides the Planning Director general authority to grant variances from Chapter 23. Section 23-14 states in part: "Variances from the provisions of this chapter may be granted; provided, that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. Further, Section 23-15, Grounds for variances, states that no variance will be granted unless it is found that: a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and b) There are no other reasonable alternatives that would resolve the difficulty; and c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially \\ ( 1 Sidney Fuke Planning Consultant Page 4 January 31, 2011 detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. DISCUSSION The subject subdivision known as Hokulia is located in Central Kona which spans over 1,552 acres and will consists of 665 residential/agricultural parcels. The applicant is proposing a 20 foot roadway within 50 and 60-foot wide right-of-ways with the balance of the road-right-of-way being grassed in lieu of the Department of Public Works recommendation for shoulders and swales to be graded and paved. More specifically the applicant is seeking relief from all roadways within the subject subdivision, existing or proposed, including the Halekii Street extension (Road Lot R-1). The average slope of the subject property ranges from 15-20 percent, with some areas exceeding 20 percent. Therefore, full pavement of the right-of-way would increase water runoff impacting the lower and adjoining properties. The applicant has indicated that grassed swales would not only be more visually compatible and consistent with the area's character but would also act as natural storm drain and impede the velocity of any potential storm water. In considering Criteria "c" above, the department cites the DPW memo, dated January 5, 2011, which states in part the following: "The applicant asks for relief for all Hokulia Subdivision roads, none of which have received a construction final approval. DPW recommends that planning confirm if correct TMK parcels are included on the application. The application does not acknowledge that Ordinance 96-008 Conditions L and M required dedication of the connecting roads. DPW objects to granting variance without specifying cross section details and distinguishing those streets. For example Halekii Street extension, which is a collector street, (see General Plan and Kona Community Development Plan), shall be dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not specifically require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage system maintenance requirements and streetlights along with surety in case of default should be imposed for roads required to be dedicated to the County". It should be noted that the extension of Halekii Street has been completed without full right-of- way improvements per construction plans approved by the Department of Public Works. Sidney Fuke Planning Consultant Page 5 January 31, 2011 Also, similar type relief from road right-of-way improvements have been granted in the past for subdivisions where the road right-of-way and all improvements therein would be owned and maintained by an entity other than the County of Hawaii. More specifically, the development of the Lualari subdivision in Waimea was given relief from improvements by installing grassed swales within the road rights-of-way. This approval was granted with the condition that there would be a written assurance for a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. In order to subdivide the property, an applicant is required to provide road improvements meeting the minimum requirements of the Department of Public Works. In review of the road variance request, the cost for additional right-of-way road improvements would be putting excessive demands upon the applicant when a more reasonable alternative (i.e. allowing the existing road improvement to continue with ongoing maintenance provided by the private owners association)may be permitted under the general authority of the Subdivision. INTENT AND PURPOSE Chapter 23, Subdivisions, specifically, Section 23-14, permits and provides the Planning Director general authority to grant variances from Chapter 23. The intent and purpose of road/access requirements to a proposed subdivision is to ensure legal and physical access to the proposed lots that are clearly defined and accessible from a public road by domestic and farm vehicles, police, fire, and other service vehicles under various weather conditions without constant maintenance. Further intent of requiring full improvements within the right-of-ways is to minimize the cost of its maintenance by the County of Hawaii. The applicant's report has stated in part: "However, as the existing and proposed roads are intended to be private, its maintenance and associated liability will be the responsibility of the homeowners association, who will eventually end up owning and maintaining all of the roads. Thus, the County's concern of maintenance — resulting in the full right-of-way pavement requirement —is absent for private roads. It should also be noted that this variance would not compromise any safety concern. There will still be a 20-22 foot wide paved road, which will be sufficient to allow for emergency vehicles to access the entire project area. The approval of this variance should therefore not be inherently violative of the spirit and intent of the Subdivision Code". Sidney Fuke Planning Consultant Page 6 January 31, 2011 Based on the foregoing findings, this variance request would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code and the County General Plan. Furthermore, it is felt that the variances sought to permit the • subdivision will not be materially detrimental to the public's welfare and will not cause substantial adverse impact to the area's character and to adjoining properties in this subdivision or immediate area. VARIANCE DECISION—CONDITIONS The variance request concerns the Department of Public Works recommendation for 20-foot paved roadways within 50 and 60 foot rights-of-way, with the balance of the right-of-way (shoulders and swales) being graded and paved, for all existing and proposed roadways within the subject subdivision including the Halekii Street extension (Road Lot R-1). The variance request, to permit the shoulder and swale areas to be grassed in lieu of the grading and pavement, is approved subject to following variance conditions: 1. Road Variance. The sub divider, owners, their assigns, or successors shall be required to provide written assurance meeting with the approval of the Planning director, in consultation with the Department of Public Works, that there will be a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. The proposed lots shall form a Homeowner or Road Association or include appropriate deed language, being covenants, conditions, and restrictions, which affect the entire property and/or proposed lots arising from the approval of the pending subdivision application and be duly recorded at the Bureau of Conveyances of the State of Hawaii by the Planning Department at the cost and expense of the applicant: a. The applicant and/ or owner(s) shall indemnify and defend the State of Hawaii or County of Hawaii from any and all liability arising out of vehicular access to and from the subject property utilizing the paved road or utilities within the Hokulia subdivision. Upon written demand of the County of Hawaii, the applicant and /or owners, their assigns, or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements serving the proposed lot(s) arising out of the Hokulia Subdivision. Should the improvement district require acquisition of any privately owned rights-of-way fronting the lots arising out of the Hokulia Subdivision, such rights-of-way shall be dedicated to the County without cost and the value of the dedication credited to the fair share Sidney Fuke Planning Consultant Page 7 January 31, 2011 • contribution of the respective lot owner(s). 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. b. The future lot owner(s) agree to participate in any road maintenance agreement or/and pay their fair share to maintain access and paved roadways within the Hokulia Subdivision. In the event that there are any amendments or changes to the subdivision after the agreement is signed, the applicant shall be responsible for informing the County Planning Department of such amendments or changes so that the agreement can be amended concomitantly. Further, the written or recorded agreement shall be binding upon the owner(s), their successors or assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease, or similar documents affecting the title or ownership of the existing property or approved subdivided lots. 2. The subdivision shall meet with all of the conditions of Ordinance No. 96 007 and Ordinance 96 008, Tentative Subdivision Approval conditions and requirements of the Hawaii County Zoning Code, Ordinance and Subdivision Code not covered by this variance. 3. The sub divider, owner(s), their assigns or successors shall pay any outstanding real property taxes and comply with all other applicable State statutes and County ordinances pertaining to building improvements and land use. Should any of the foregoing stated conditions not be complied with, the Planning Director may proceed to declare VAR 10-027 null and void. Sincerely, BJ LEITHEAD TODD Planning Director GS:LN:nci P:\Admin Permits Division\Variance\2010 Files\VAR 10-027 1250 Oceanside Partners.doc Sidney Fuke Planning Consultant Page 8 January 31, 2011 cc: DPW—Engineering VAR 10-027 TMK File SUBDIVISION Files OPPONENTS William P.Kenoi ;.oJ�tV. ....h, �. BJ Leithead Todd Mayor „ �LIJ Director. - °- Margaret K. Masunaga +fo, Mo*;r.• . Deputy • County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 January 31, 2011 Mr. R. Dvorak 78-7045 Kaluna Street, #308 Kailua-Kona, HI 96740 Dear Mr. Dvorak: SUBJECT: VARIANCE: VAR 10-027 Agent: Sidney Fuke, Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23, Subdivisions Tax Map Key: (3)7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068, and 070; 8-1-032: 054: 8-1-33: 013 through 017; and 8-1-026: 057 and 8-1-032: 054 The objection letter and comments received on June 23, 2010 regarding Variance Application — VAR: 10-027 was carefully considered and incorporated into the variance background and variance file. The enclosed copy of VARIANCE-VAR 10-027 including the variance background, findings, decision, and list of variance conditions is for your files. In accordance with Ordinance No. 99-112 or Chapter 25, Zoning, Article 2, Administration and Enforcement, Division 5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of thedirector in the administration or application of this chapter, may, within thirty days after the date of the director's written decision, appeal the decision to the board of appeals. Hawaii County is an Equal Opportunity Provider and Employer Mr. R. Dvorak Page 2 January 31, 2011 (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public: and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be in writing, in the form prescribed by the board of appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owner of the affected property and shall provide the board of appeals with the proof of service. (d) The appellant,the owners of the affected property,and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of appeals. The board of appeals may affirm the decision of the director,or it my reverse or modify the decision, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by and abuse of discretion or clearly unwarranted exercise of discretion. In view of the above,we have enclosed GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR. Mr. R. Dvorak Page 3 January 31, 2011 Should you have any questions on the variance decision or the appeal procedure,please feel free to contact our Hilo office at telephone (808) 961-8288. Sincerely, i J BJ LEITHEAD TODD Planning Director LHN: nci O:\Variances\VAROBJLETTER.DOC\Var-10-02712500ceansideP artners/Dvorak.doc Enclosures cc: Sidney Fuke (No Encs) COUNTY OF HAWAII BOARD -OF APPEALS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR (Type or legibly print the requested information) APPELLANT: APPELLANT' S SIGNATURE: DATE: • ADDRESS : TELEPHONE: (Bus . ) (Home) APPELLANT' S INTEREST IN THE PROPERTY: APPELLANT' S NATURE OF APPEAL AND REQUEST: LAND OWNER: TAX MAP KEY: (land in question) AREA OF PROPERTY: STATE LAND USE DESIGNATION: COUNTY ZONING: STREET ADDRESS OF PROPERTY: APPELLANT' S REPRESENTATIVE: REPRESENTATIVE'S SIGNATURE: DATE: REPRESENTATIVE' S ADDRESS : TITLE: TELEPHONE: (Bus . ) • THIS PETITION MUST BE ACCOMPANIED BY A FILING FEE OF TWO HUNDRED FIFTY DOLLARS ($250) PAYABLE TO THE COUNTY DIRECTOR OF FINANCE AND: - 1. ' The Original and ten (10) copies of this completed petition with the following: a. A description of the property involved in the appeal in sufficient detail for the public to precisely locate the property. b. A statement explaining the nature of the appeal and the relief requested. c. A statement explaining: (i) How the decision appealed from violates the law; or (ii) How the decision appealed from is clearly erroneous; or (iii) How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. d. A clear and concise statement of any other relevant facts, 2. Proof of Service by the Appellant on the Planning Director for an appeal from the Planning Director's decision relating to the Zoning Code. 3. A list of the names, address and tax map keys of all owners of property within boundaries established by Section 8-11 (d)of the Board of Appeals Rules of Practice and Procedure. BOA (P:\WP6O\FORMS\BOA\AppealsPlanningDirector11-24-2003 William P.Kenoi : H1.. �p �,. BJ Leithead Todd Mayor `." \4is Director n x.1 1-_:2...,--- _ Margaret K.Masunaga it°' M�Ma;��. Deputy • Ott OP N••� • County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 January 31, 2011 Warren &Devlyn Akau 76-6170 Plumeria Drive Kailua-Kona,HI 96740 Dear: Mr. Akau &Ms. Akau: SUBJECT: VARIANCE: VAR 10-027 Agent: Sidney Fuke, Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23, Subdivisions Tax Map Key: (3)7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068,and 070; 8-1-032: 054: 8-1-33: 013 through 017; and 8-1-026: 057, and 8-1-032: 054 The objection letter and comments received on June 23, 2010 regarding Variance Application — VAR: 10-027 was carefully considered and incorporated into the variance background and variance file. The enclosed copy of VARIANCE-VAR 10-027 including the variance background, findings, decision, and list of variance conditions is for your files. In accordance with Ordinance No. 99-112 or Chapter 25, Zoning,Article 2, Administration and Enforcement,Division 5, Section 25-2-58,Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter, may,within thirty days after the date of the director's written decision, appeal the decision to the board of appeals. -- Hawai'i County is an Equal Opportunity Provider and Employer Mr. Warren & Ms. Devlyn Akau Page 2 January 31, 2011 (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public: and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be in writing, in the form prescribed by the board of appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide.a copy of the appeal to the director and to the owner of the affected property and shall provide the board of appeals with the proof of service. (d) The appellant, the owners of the affected property, and the director shall be parties to an appeal. Other persons maybe admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of appeals. The board of appeals may affirm the decision of the director, or it my reverse or modify the decision, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by and abuse of discretion or clearly unwarranted exercise of discretion. In view of the above, we have enclosed GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR. Mr. Warren & Ms. Devlyn Akau Page 3 January 31, 2011 Should you have any questions on the variance decision or the appeal procedure,please feel free to contact our Hilo office at telephone (808) 961-8288. Sincerely, Ate ''' BJ LEITHEAD TODD Planning Director LHN: nci O:\Variances\VAROBJLETTER.DOC\V ar-10-02712500ceansidePartners-Akau.doc Enclosures. cc: Sidney Fuke (No Encs.) , COUNTY OF HAWAII BOARD 'OF APPEALS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR (Type or legibly print the requested information) APPELLANT: APPELLANT' S SIGNATURE: DATE: ADDRESS : TELEPHONE: (Bus . ) (Home) APPELLANT' S INTEREST IN THE PROPERTY: APPELLANT'S NATURE OF APPEAL AND REQUEST: LAND OWNER: TAX MAP KEY: (land in question) AREA OF PROPERTY: STATE LAND USE DESIGNATION: - COUNTY ZONING: STREET ADDRESS OF PROPERTY: APPELLANT' S REPRESENTATIVE: REPRESENTATIVE'S SIGNATURE: DATE: REPRESENTATIVE 'S ADDRESS : TITLE: TELEPHONE : (Bus . ) THIS PETITION MUST BE ACCOMPANIED BY A FILING FEE OF TWO HUNDRED FIFTY DOLLARS ($250) PAYABLE TO THE COUNTY DIRECTOR OF FINANCE AND: - 1. ft The Original and ten (10) copies of this completed petition with the following: a. A description of the property involved in the appeal in sufficient detail for the public to precisely locate the property. b. A statement explaining the nature of the appeal and the relief requested. c. A statement explaining: (i) How the decision appealed from violates the law; or (ii) How the decision appealed from is clearly erroneous; or (iii) How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. d. A clear and concise statement of any other relevant facts. 2. Proof of Service by the Appellant on the Planning Director for an appeal from the Planning Director's decision relating to the Zoning Code. 3. A list -of the names, address and tax map keys of all owners of property within boundaries established by Section 8-11 (d)of the Board of Appeals Rules of Practice and Procedure. BOA (P:\WP60\FORMS\BOA\AppealsPlanningDirector11-21-2003 lY� DEC 2120101 December 21, 2010 MEMORANDUM TO: Department of Public Works - Engineering Hawai`i County Fire Department State Department of Health FROM: BJ LEITHEAD TODD Planning Director SUBJECT: VARIANCE APPLICATION-VAR 10-027 Applicant: SIDNEY FUKE Owner: 1250 OCEANSIDE PARTNERS Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required Tax Map Key: 7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068 and 070; 8-1-032: 054; 8-1-033: 013 —017; 8-1-026: 057; and 8-1-032: 054 The copy of the above-referenced variance application received from the applicant regarding pending 2-lot subdivision application of the subject TMK property is for agency review and comments. Please forward written comments directly to the Hilo office on or before January 14, 2011. Thank you very much. LHN: o:\Variance\V arianccComments\Var-10-02712500ceansidePa tilers.doc Enclosures William P.Kenoi ; •. 13J Leithead Todd MayorALJ,• Director -, t=�s•�r_ Margaret K. Mastmaga Deputy County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 January 31, 2011 Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: SUBJECT: Variance Application: VARIANCE (VAR 10-027) Agent: Sidney Fuke, Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23, Subdivisions TMK: 7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068 and 070; 8-1-032: 054; 8-1-033: 013 through 017; and 8-1-026: 057 and 8-1-032: 054 After reviewing your Variance Application, the Planning Director certifies the approval of VAR 10-027 from minimum road improvements, subject to variance conditions. The variance is from Hawai`i County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets and Section 23-95, Right-of-way improvement. VAR 10-027 permits the retention of existing and construction of new private 20-foot wide roadways with 50 and 60-foot wide rights-of-way within a multi-phased residential subdivision (Hokulia). The requested road section would be to omit the requirement for grading and paving of the road shoulders and replace with grassed shoulders. The decision to approve VAR 10-027 is based on the following background information and findings. BACKGROUND 1. Location. The subdivision measures approximately 1,552 acres and is located on the border of the North and South Kona districts. Hawai 7 County is an Equal Opportunity Provider and Employer FEB 1 ?fill Sidney Fuke Planning Consultant Page 2 January 31, 2011 2. Zoning. The property is zoned Residential-Agriculture — 1 Acre (RA-1A) by the County and designated Agriculture (A) by the State Land Use Commission (LUC). 3. Subdivision Application. The Hokulia subdivision proposes a maximum of 665 residential lots, a golf course and associated amenities. Roads within the development, both existing and planned, are intended to be privately owned and maintained. The development is broken into three general phases: Phase I, Phase II, and Phase III. Phases I and II have been completed and granted final subdivision approval. Phase III is further separated into three sub-phases, North, South and East, with Phase III North and South having received tentative subdivision approval. Phase III East is under review by the Planning Department. 4. Variance Application. On April 20, 2010, a variance application was submitted for review, concerning the existing and proposed roads. On July 6, 2010 the variance application was returned, in part due to the department's stance that variance approval was not needed for Phases I, II and III North and South. Construction plans, including roadways with grassed shoulders in lieu of the paved shoulders, had already been approved by the County Departments of Public Works and Planning. Bonding and/or improvements in many of these road sections had already been completed. Following further discussion with the applicant and the request to reconsider, in order to legitimize the deviations from the subdivision code, the variance application was resubmitted on July 29, 2010 and included such items as the application, fee, narrative, maps and other associated material. Supplemental materials were also subsequently provided on October 18, 2010. 5. Agency Comments and Requirements. a. The State of Hawai`i Department of Health (DOH) memorandum is dated December 23, 2010. Refer to SOH-DOH memo in VAR application file. b. The Hawaii Fire Department (HFD) memorandum is dated January 4, 2011. Refer to HFD Memo in Variance application file. c. The Department of Public Works (DPW) memorandum is dated January 5, 2011. Refer to DPW memo in VAR application file. Sidney Fuke Planning Consultant Page 3 January 31, 2011 6. Public Notice. The applicant filed a copy of the notice sent to surrounding property owners within 500 feet of the subject property. According to the affidavit provided by the applicant and dated May 18, 2010, notices were provided on May 17`h. Notice of this application was published in,the Hawai`i Tribune Herald and West Hawai`i Today on December 28, 2010. The applicant filed an affidavit dated May 18, 2010, in regards to posting a sign upon the subject site that included pictures of the installed signage and other information. 7. Comments from Surrounding Property Owners or Public. a. A letter from Devlyn Akau, dated May 24, 2010, was submitted and cites concerns with impacts of development on the environment. Refer to memo in VAR application file. b. A letter from R. Dvorak, dated June 20, 2010, was submitted and requests that no variances or future approval should be granted until past commitments are met. Refer to memo in VAR application file. Aside from the above, no further comments in support of or in opposition to the request have been submitted to the department REVIEW CRITERIA Chapter 23, Subdivisions, specifically, Section 23-14, provides the Planning Director general authority to grant variances from Chapter 23. Section 23-14 states in part: "Variances from the provisions of this chapter may be granted; provided, that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. Further, Section 23-15, Grounds for variances, states that no variance will be granted unless it is found that: a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and b) There are no other reasonable alternatives that would resolve the difficulty; and c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially Sidney Fuke Planning Consultant Page 4 January 31, 2011 • detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. DISCUSSION The subject subdivision known as Hokulia is located in Central Kona which spans over 1,552 acres and will consists of 665 residential/agricultural parcels. The applicant is proposing a 20 foot roadway.within 50 and 60-foot wide right-of-ways with the balance of the road-right-of-way being grassed in lieu of the Department of Public Works recommendation for shoulders and swales to be graded and paved. More specifically the applicant is seeking relief from all roadways within the subject subdivision, existing or proposed, including the Halekii Street extension (Road Lot R-1). The average slope of the subject property ranges from 15-20 percent, with some areas exceeding 20 percent. Therefore, full pavement of the right-of-way would increase water runoff impacting the lower and adjoining properties. The applicant has indicated that grassed swales would not only be more visually compatible and consistent with the area's character but would also act as natural storm drain and impede the velocity of any potential storm water. In considering Criteria "c" above, the department cites the DPW memo, dated January 5, 2011, which states in part the following: "The applicant asks for relief for all Hokulia Subdivision roads, none of which have received a construction final approval. DPW recommends that planning confirm if correct TAM parcels are included on the application. The application does not acknowledge that Ordinance 96-008 Conditions L and Al required dedication of the connecting roads. DPW objects to granting variance without specifying cross section details and distinguishing those streets. For example Halekii Street extension, which is a collector street, (see General Plan and Kona Community Development Plan), shall he dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not specifically require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage system maintenance requirements and streetlights along with surety in case of default should be imposed for roads required to he dedicated to the County". It should be noted that the extension of Halekii Street has been completed without full right-of- way improvements per construction plans approved by the Department of Public Works. Sidney Puke Planning Consultant Page 5 January 31, 2011 Also, similar type relief from road right-of-way improvements have been granted in the past for subdivisions where the road right-of-way and all improvements therein would be owned and maintained by an entity other than the County of Hawaii. More specifically, the development of the Lualaci subdivision in Waimea was given relief from improvements by installing grassed swales within the road rights-of-way. This approval was granted with the condition that there would be a written assurance for a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. In order to subdivide the property, an applicant is required to provide road improvements meeting the minimum requirements of the Department of Public Works. In review of the road variance request, the cost for additional right-of-way road improvements would be putting excessive demands upon the applicant when a more reasonable alternative (i.e. allowing the existing road improvement to continue with ongoing maintenance provided by the private owners association) may be permitted under the general authority of the Subdivision. INTENT AND PURPOSE Chapter 23, Subdivisions, specifically, Section 23-14, permits and provides the Planning Director general authority to grant variances from Chapter 23. The intent and purpose of road/access requirements to a proposed subdivision is to ensure legal and physical access to the proposed lots that are clearly defined and accessible from a public road by domestic and farm vehicles, police, fire, and other service vehicles under various weather conditions without constant maintenance. Further intent of requiring full improvements within the right-of-ways is to minimize the cost of its maintenance by the County of Hawaii. The applicant's report has stated in part: "However, as the existing and proposed roads are intended to be private, its maintenance and associated liability will be the responsibility of the homeowners association, who will eventually end up owning and maintaining all of the roads. Thus, the County's concern of maintenance — resulting in the full right-of-way pavement requirement — is absent for private roads. It should also be noted that this variance would not compromise any safety concern. There will still be a 20-22 foot wide paved road, which will be sufficient to allow for emergency vehicles to access the entire project area. The approval of this variance should therefore not be inherently violative of the spirit and intent of the Subdivision Code". Sidney Fuke Planning Consultant Page 6 January 31, 2011 Based on the foregoing findings, this variance request would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code and the County General Plan. Furthermore, it is felt that the variances sought to permit the subdivision will not be materially detrimental to the public's welfare and will not cause substantial adverse impact to the area's character and to adjoining properties in this subdivision or immediate area. VARIANCE DECISION—CONDITIONS The variance request concerns the Department of Public Works recommendation for 20-foot paved roadways within 50 and 60 foot rights-of-way, with the balance of the right-of-way (shoulders and swales) being graded and paved, for all existing and proposed roadways within the subject subdivision including the Halekii Street extension (Road Lot R-1). The variance request, to permit the shoulder and swale areas to be grassed in lieu of the grading and pavement, is approved subject to following variance conditions: 1. Road Variance. The sub divider, owners, their assigns, or successors shall be required to provide written assurance meeting with the approval of the Planning director, in consultation with the Department of Public Works, that there will be a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. The proposed lots shall form a Homeowner or Road Association or include appropriate deed language, being covenants, conditions, and restrictions, which affect the entire property and/or proposed lots arising from the approval of the pending subdivision application and be duly recorded at the Bureau of Conveyances of the State of Hawaii by the Planning Department at the cost and expense of the applicant: a. The applicant and/ or owner(s) shall indemnify and defend the State of Hawaii or County of Hawaii from any and all liability arising out of vehicular access to and from the subject property utilizing the paved road or utilities within the Hokulia subdivision. Upon written demand of the County of Hawaii, the applicant and /or owners, their assigns, or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements serving the proposed lot(s) arising out of the Hokulia Subdivision. Should the improvement district require acquisition of any privately owned rights-of-way fronting the lots arising out of the Hokulia Subdivision, such rights-of-way shall be dedicated to the County without cost and the value of the dedication credited to the fair share Sidney Puke Planning Consultant Page 7 January 31, 2011 contribution of the respective lot owner(s). Should the Council adopt a Unified hnpact 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. b. The future lot owner(s) agree to participate in any road maintenance agreement or/and pay their fair share to maintain access and paved roadways within the Hokulia Subdivision. In the event that there are any amendments or changes to the subdivision after the agreement is signed, the applicant shall be responsible for informing the County Planning Department of such amendments or changes so that the agreement can be amended concomitantly. Further, the written or recorded agreement shall be binding upon the owner(s), their successors or assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease, or similar documents affecting the title or ownership of the existing property or approved subdivided lots. 2. The subdivision shall meet with all of the conditions of Ordinance No. 96 007 and Ordinance 96 008, Tentative Subdivision Approval conditions and requirements of the Hawaii County Zoning Code, Ordinance and Subdivision Code not covered by this variance. 3. The sub divider, owner(s), their assigns or successors shall pay any outstanding real property taxes and comply with all other applicable State statutes and County ordinances pertaining to building improvements and land use. Should any of the foregoing stated conditions not be complied with, the Planning Director may proceed to declare VAR 10-027 null and void. Sincerely, t Ge BJ LEITHEAD TODD Planning Director GS:LN:nci P:\Admin Permits Division\Variance\2010 Files\VAR 10-027 1250 Oceanside Partners.doc Sidney Fuke Planning Consultant Page 8 January 31, 2011 cc: DPW— Engineering VAR 10-027 TMK File SUBDIVISION Files OPPONENTS William P.Kenoi ,.00.tty:ov„, , BJ Leithead Todd Mayor / ; -�- \;14 Director - is Margaret K. Masunaga + `. ..4„4:>` Deputy County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 January 31, 2011 Mr. R. Dvorak 78-7045 Kaluna Street, #308 Kailua-Kona, HI 96740 Dear Mr. Dvorak: SUBJECT: VARIANCE: VAR 10-027 Agent: Sidney Fuke, Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23, Subdivisions Tax Map Key: (3)7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068, and 070; 8-1-032: 054: 8-1-33: 013 through 017; and 8-1-026: 057 and 8-1-032: 054 The objection letter and comments received on June 23, 2010 regarding Variance Application --- VAR: 10-027 was carefully considered and incorporated into the variance background and variance file. The enclosed copy of VARIANCE-VAR 10-027 including the variance background, findings, decision, and list of variance conditions is for your files. In accordance with Ordinance No. 99-112 or Chapter 25, Zoning, Article 2, Administration and Enforcement, Division 5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter, may, within thirty days after the date of the director's written decision, appeal the decision to the board of appeals. Hawaii County is an Equal Opportunity Provider and Employer Mr. R. Dvorak Page 2 January 31, 2011 (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public: and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be in writing, in the form prescribed by the board of appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owner of the affected property and shall provide the board of appeals with the proof of service. • (d) The appellant,the owners of the affected property,and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of appeals. The board of appeals may affirm the decision of the director,or it my reverse or modify the decision, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by and abuse of discretion or clearly unwarranted exercise of discretion. In view of the above,we have enclosed GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR. Mr. R. Dvorak Page 3 January 31, 2011 Should you have any questions on the variance decision or the appeal procedure, please feel free to contact our Hilo office at telephone (808) 961-8288. Sincerely, (w.c,,;L A 44 BJ LEITHEAD TODD Planning Director LHN: nci O:\Variances\VAROBJLETTER.DOC\Var-10-02712500ceans idePartners/Dvorak.doc Enclosures cc: Sidney Fuke (No Encs) COUNTY OF HAWAII BOARD OF APPEALS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR (Type or legibly print the requested information) APPELLANT: APPELLANT 'S SIGNATURE : DATE: ADDRESS : TELEPHONE: (Bus . ) (Home) APPELLANT'S INTEREST IN THE PROPERTY: APPELLANT' S NATURE OF APPEAL AND REQUEST: LAND OWNER: TAX MAP KEY: (land in question) AREA OF PROPERTY: STATE LAND USE DESIGNATION: COUNTY ZONING: STREET ADDRESS OF PROPERTY: APPELLANT' S REPRESENTATIVE : REPRESENTATIVE 'S SIGNATURE: DATE: REPRESENTATIVE 'S ADDRESS : TITLE: TELEPHONE: (Bus . ) THIS PETITION MUST BE ACCOMPANIED BY A FILING FEE OF TWO HUNDRED FIFTY DOLLARS ($250) PAYABLE TO THE COUNTY DIRECTOR OF FINANCE AND: 1. ' The Original and ten (10) copies of this completed petition with the following: a. A description of the property involved in the appeal in sufficient detail for the public to precisely locate the property. b. A statement explaining the nature of the appeal and the relief requested. c. A statement explaining: (i) How the decision appealed from violates the law; or (ii) How the decision appealed from is clearly erroneous; or (iii) How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. d. A clear and concise statement of any other relevant facts. 2. Proof of Service by the Appellant on the Planning Director for an appeal from the Planning Director's decision relating to the Zoning' Code. 3. A list of the names, address and tax map keys of all owners of property within boundaries established by Section 8-11 (d)of the Board of Appeals Rules of Practice and Procedure. BOA (P:\WP6O\FORMS\BOA\AppealsPlanningDirector11-29-2003 • • �" �oNtv_William P. Kenoi :' C ' � 4. BJ Leithead Todd Mayor : V4 Director j"` Margaret K. Masunaga , Deputy r t ' • County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 January 31, 2011 Warren &Devlyn Akau 76-6170 Plumeria Drive Kailua-Kona,HI 96740 Dear: Mr. Akau &Ms. Akau: SUBJECT: VARIANCE: VAR 10-027 Agent: Sidney Fuke, Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23, Subdivisions Tax Map Key: (3)7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068,and 070; 8-1-032: 054: 8-1-33: 013 through 017; and 8-1-026: 057, and 8-1-032: 054 The objection letter and comments received on June 23, 2010 regarding Variance Application -- VAR: 10-027 was carefully considered and incorporated into the variance background and variance file. The enclosed copy of VARIANCE-VAR 10-027 including the variance background, findings, decision, and list of variance conditions is for your files. • In accordance with Ordinance No. 99-112 or Chapter 25, Zoning, Article 2, Administration and Enforcement, Division 5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter, may, within thirty days after the date of the director's written decision, appeal the decision to the board of appeals. Ilawai I County is an Equal Opportunity Provider and Employer Mr. Warren & Ms. Devlyn Akau Page 2 January 31, 2011 (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public: and (2) The person is or will be adversely affected by the decision. (c) An appeal shall be in writing, in the form prescribed by the board of appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owner of the affected property and shall provide the board of appeals with the proof of service. (d) The appellant, the owners of the affected property, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of appeals. The board of appeals may affirm the decision of the director, or it my reverse or modify the decision, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by and abuse of discretion or clearly unwarranted exercise of discretion. In view of the above, we have enclosed GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR. Mr. Warren & Ms. Devlyn Akau Page 3 January 31, 2011 Should you have any questions on the variance decision or the appeal procedure, please feel free to contact our Hilo office at telephone (808) 961-8288. Sincerely, L. U_ BJ LEITHEAD TODD Planning Director LHN: nci O:\Variances\VAROBJLETTER.DOC\Var-10-02712500ceansidePartners-Akau.doc Enclosures cc: Sidney Fuke (No Encs.) COUNTY OF HAWAII BOARD OF APPEALS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR (Type or legibly print the requested information) APPELLANT : APPELLANT'S SIGNATURE: DATE: ADDRESS : TELEPHONE: (Bus . ) (Home) APPELLANT'S INTEREST IN THE PROPERTY: APPELLANT ' S NATURE OF APPEAL AND REQUEST: LAND OWNER: TAX MAP KEY: (land in question) AREA OF PROPERTY: STATE LAND USE DESIGNATION: COUNTY ZONING: STREET ADDRESS OF PROPERTY: APPELLANT ' S REPRESENTATIVE: REPRESENTATIVE'S SIGNATURE : DATE: REPRESENTATIVE 'S ADDRESS : TITLE: TELEPHONE: (Bus . ) THIS PETITION MUST BE ACCOMPANIED BY A FILING FEE OF TWO HUNDRED FIFTY DOLLARS ($250) PAYABLE TO THE COUNTY DIRECTOR OF FINANCE AND: • 1. ' The Original and ten (10) copies of this completed petition with the following: a. A description of the property involved in the appeal in sufficient detail for the public to precisely locate the property. b. A statement explaining the nature of the appeal and the relief requested. c. A statement explaining: (i) How the decision appealed from violates the law; or (ii) How the decision appealed from is clearly erroneous; or (iii) How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. d. A clear and concise statement of any other relevant facts. 2. Proof of Service by the Appellant on the Planning Director for an appeal from the Planning Director's decision relating to the Zoning Code. 3. A list of the names, address and tax map keys of all owners of property within boundaries established by Section B-11 (d)of the Board of. Appeals Rules of Practice and Procedure. BOA (P:\WP6O\FORMS\BOA\AppealsPlanningDirectorl1-29-2003 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII `' �'' ' HILO, HAWAII DATE: January 5, 2011 Memorandum TO • B.J. Leithead-Todd, Planning Director Planning Department FROM • Ben Ishii, Division Chief Zliti 4Engineering Division SUBJECT : Variance Application (VAR 10-027 ) Applicant: Sidney Fuke 1250 Oceanside Partners TMK: 3/ 7-9-012:004,006, 011, 029 and 034; 8-1-004:003, 064, 065, 068, and 070; 8-1-32: 054; 8-1-033:013-017; 8-1-026:057; and We reviewed the subject application and our comments are as follows: The applicant requests relief from HCC Sections 23-86 and 23-95 which are the dedicable road standards normally subject to application of County Standard Details R- 33 and R-34. Section R-33 and R-34 provide a 15 foot wide "clear zone" (shoulders and swales) from the edge of pavement to any embankment which meets with AASHTO minimum guidelines. AASHTO also has separate guidelines for roads which have very low daily traffic volume (<400 ADT). This information is provided to explain the following recommendations. The applicant asks for relief for all Hokulia Subdivision roads, none of which have received a construction final approval. DPW recommends that Planning confirm if correct TMK parcels are included on the application. The application does not acknowledge that Ordinance 96-008 Conditons L and M required dedication of the connecting roads. DPW objects to granting a variance without specifying cross section details and distinguishing those streets. For example Halekii Street extension, which is a collector street, (see the General Plan and Kona Community Development Plan) shall be dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not specifically require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage system maintenance requirements and streetlights along with surety in case of default should be imposed for roads required to be dedicated to the County. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE c: ENG-HILO/KONA William 4a?v�u`'"•'•� ',i Wi / Darryl J. Oliveira m P Kenos ¢ arty Mayor S �:%wi �. Fire Chief 2Glen P. I. Honda i ` or'd Deputy Fire Chief Couutp of TPakoact`t HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Suite 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 January 4, 2011 TO: BJ LEITHEAD TODD,PLANNING DIRECTOR FROM: DARRYL OLIVEIRA,FIRE CHIEF SUBJECT: VARIANCE APPLICATION(VAR 10-027) APPLICANT: SIDNEY FUKE OWNER: 1250 OCEANSIDE PARTNERS REQUEST: VARIANCE FROM CHAPTER 23, SUBDIVISIONS, ARTICLE 6, DIVISION 2,IMPROVEMENTS REQUIRED TAX MAP KEY: 7-9-012:004, 006,011,029 AND 34; 8-1-004:003, 064, 065, 068 AND 070; 8-1-032:054; 8-1-033:013-017; 8-1-026:057; AND,8-1-032:054 In regards to the above-mentioned Variance application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system,the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). _ T 43, Hawai'i County is an Equal Opportunity Provider and Employer. �' BJ Leithead Todd January 4, 2011 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) , BJ Leithead Todd January 4, 2011 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided,when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. Fire Chief RP:lpc NEIL ABERCROMBIE KEITH R.RIDLEY GOVERNORSsh'�; Acting Director of Health •t r 'r n 7 t:'" 2: 7,9 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: December 23, 2010 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye "4 Acting District Environmental Health Program Chief SUBJECT: VARIANCE APPLICATION-VAR 10-027 Applicant: SIDNEY FUKE Owner: 1250 OCEANSIDE PARTNERS Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Tax Map Key: 7-9-012:004, 006, 011, 029 and 034; 8-1-004:003, 064, 065, 068 and 070; 8-1-032:054; 8-1-033:013-017; 8-1-026:057; and 8-1-032:054 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:VAR 10-027.my 11111 l 31 c William P.Kenoi o?011©F"•'•!+y;`.. BJ Leithead Todd , Mayor =: ylli,. Director Margaret K. Masunaga , .' Deputy 7Tf OF•N A.11r County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 December 21, 2010 MEMORANDUM TO: Department of Public Works - Engineering Hawai`i County Fire Department State Department of Health FROM: BJ LEITHEAD TODD (727 Planning Director SUBJECT: VARIANCE APPLICATION-VAR 10-027 Applicant: SIDNEY FUKE Owner: 1250 OCEANSIDE PARTNERS Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required Tax Map Key: 7-9-012: 004,006,011, 029 and 034; 8-1-004: 003, 064,065, 068 and 070; 8-1-032: 054; 8-1-033: 013 —017; 8-1-026: 057; and 8-1-032: 054 The copy of the above-referenced variance application received from the applicant regarding pending 2-lot subdivision application of the subject TMK property is for agency review and comments. Please forward written comments directly to the Hilo office on or before January 14, 2011. Thank you very much. LHN:mad OAVariance\VarianceCommen tswar-I 0-02712500ceansidePartners.doc Enclosures flawai i County is an Equal Opportunity Provider and Employer William P.Kenoi .--,5-411.9`..t44:%• BJ Leithead Todd Mayor -^ \Lh, Director ..":.-- -..7.,..:sMargaret K.Masunaga ;;.41't. »_ : Deputy TE OF•HI..',�1r. County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Flilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 December 20, 2010 Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: SUBJECT: VARIANCE APPLICATION (VAR 10-027) Applicant: SIDNEY FUKE Owner: 1250 OCEANSIDE PARTNERS Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required Tax 1VIap Key: 7-9-012: 004,006,011,029 and 034;8-1-004: 003,064,065, 068 and 070; 8-1-032: 054; 8-1-033: 013 — 017; 8-1-026: 057; and 8-1-032: 054 This is to acknowledge the receipt of your resubmitted variance application, filing fee, and supplemental materials. Enclosed is your receipt for$100.00. In view of your application and Hawai`i County Code, Chapter 23, Subdivisions, Section 23-18, Actions on variances,the Planning Director will render a decision on the subject variance application on or after January 14, 2011, but no later than January 31, 2011. iers of ,i flit JUL 3 0 2010 s been 1-1. DATE rik __No. on has RECEIVED FROM is 1 , 2010 Q FOR RENT DOLLARS aiming rc • �� 0FOR - ., - _ Of the 6ACCOUNT O CASH 7 ' )w the , t PAYMENT MONEY I Q p pE r FROM F TO r-- 0 CHECK ii "' BAL. DUE in CREDIT I! BY CARD a at—d— 1182 2 12 0101 Sidney Fuke Planning Consultant Page 2 December 20, 2010 general public or anyone with an interest in the application the opportunity to submit comments on the variance application to the Director and the Planning Department provided the comments are in the receipt of the Director by the variance deadline date. A copy of the public notice describing the subject variance application, sent to both newspapers, is enclosed for your files. Any questions may be directed to this office by telephone (808) 961-8288. Sincerely, a /0(' / \BJ LEITHEAD TODD Planning Director LIIN:mad P:AAdmin Permits DivisionAVarianceA2010 Files\VAR 10-027 1250 Oceanside Partners\Draft Acknowledgement.doc Enclosures PUBLIC NOTICE Planning Department County of Hawaii NOTICE IS HEREBY GIVEN that the Planning Director of the County of Hawaii will be taking action on the following variance applications after January 14, 2011: 1. APPLICANT: SIDNEY FUKE, PLANNING CONSULTANT (VAR 10-027). OWNER: 1250 OCEANSIDE PARTNERS LOCATION: The referenced property concerns the various roadways within the multi- phased residential Hokulia subdivision, situated at the border of the North and South Kona districts, Hawaii. TAX MAP KEY: 7-9-012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068 and 070; 8-1-032: 054; 8-1-033: 013 -- 017; 8-1-026: 057; and 8-1-032: 054. PURPOSE: The applicant, on behalf of owner,requests variance approval to permit the retention of existing and construction of new private 20-22 foot wide roadways while replacing the paving of the road shoulders with grassed shoulders. The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets, and Section 23-95, Right-of- way improvement. .2. APPLICANT: JASON IBARA (VAR 10-037) OWNERS: BURKE MATSUYAMA, ET AL. LOCATION: The referenced TMK property, containing 1.000 acre, is Lot 5 located within Hualalai Vistas situated at Ooma 1s`-Kohanaiki, North Kona, Hawaii. The TMK property's address is 73-1206 Akamai Street. TAX MAP KEY: 7-3-007:085 PURPOSE: The applicant, on behalf of owners, requests variance to allow portion of proposed new trellis to be built upon Lot 5 or referenced TMK property within minimum 30 feet rear yard according to plot plan submittal. The applicant requests variance to permit portions of trellis to be built having minimum 5 to 7 feet rear yard in lieu of minimum rear yard and open space requirements pursuant to the Hawaii County Code, Chapter 25, Zoning,Article 5, Division 7, Section 25-5-76, Minimum yards, Section 25-5-77, Other regulations, and Article 4,Division 4, Section 25-4-44, Permitted projections into yards and open space requirements, (a)(h). 3. REPRESENTATIVE: INABA ENGINEERING, INC. (VAR 10-038) APPLICANT: RICHARD HIRATA . OWNERS: RICHARD T. HIRATA TRUST, ET AL. LOCATION: The referenced TMK properties, being an aggregate area of 10.00 acres and portions of Grant 11,687, Waiakea Homesteads, Second Series, are situated on the "mauka" side of Waikahe Road and approximately 1900 feet from the intersection of Ainaola/Waikahe Roads, and situated at Waiakea, South Hilo, Hawaii. TAX MAP KEY: 2-4-007:067 and 068 PURPOSE: The representative on behalf owners requests variance to permit proposed 3-lot subdivision (SUB 10-000983) of above referenced TMK property without providing a water system for 2 lots meeting with the minimum requirements of the County-Department of Water Supply (DWS). The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1)(2). 4. • APPLICANT: GEORGE S. YOSHIMURA (VAR 10-039) OWNERS: CALVIN TUNG, ET AL. LOCATION: The referenced TMK property contains approximately 2.71 acres being Lot 5, block 5, Grant 10477 to Ian Martin, is situated at Waimea Homesteads, South Kohala, Hawaii. The TMK property's street or site address is 65-1196 Puu Opelu Road. TAX MAP KEY: 6-5-009:003 PURPOSE: The applicant, on behalf of owners, requests variance to permit proposed 9-lot subdivision(SUB 06-000493) of above referenced TMK property without providing minimum access and dedicable roadways pursuant to Condition No. 3 of tentative approval letter dated October 24, 2007. The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets, and Section 23-95, Right-of-way improvement. 5. REPRESENTATIVE: THE INDEPENDENT HAWAII SURVEYORS (VAR 10-040) OWNER: SHARON ANN FREITAS. LOCATION: The referenced TMK property contains approximately 76.582 acres, being Lot 89, Olaa Reservation Lots, being portion of Grant 4027, is situated at Olaa, Puna, Hawaii. The TMK property's street or site address is 18-3946 South Lauko Road. TAX MAP KEY: 1-8-086:005 PURPOSE: The representative, on behalf of the owner, requests variance to permit proposed 3-lot subdivision (SUB 07-000528) of above referenced TMK property without providing minimum water supply and dedicable roadways required by Chapter 23, Subdivisions. The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, Section 23-86, Requirements for dedicable streets, and Section 23-95, Right-of-way improvement. 6. APPLICANT: ANTHONY P. DE SA, JR. (VAR-10-041) OWNER: ANTHONY P. DE SA, JR. LOCATION: The subject property, containing approximately 7,500 square feet, being lot 40 of Kaumana City Subdivision, File Plan 907, is situated at Ponahawai South Hilo, Hawaii. The subject property's street address is 25-079 Malumalu Street. TAX MAP KEY: 2-5-038:040, Lot 40 PURPOSE: The applicant-owner is requesting a variance to permit the detached water tank to remain on Lot 23, with a minimum of 11.5 feet rear yard in lieu of the required 15 feet rear yard requirement. The variance is from Hawaii County Code Chapter 25, Zoning, Article 5, Division 7, Section-25-5-76, Minimum Yards (a). 7. APPLICANT: ALL NINA SERVICES (VAR 10-042) OWNER: CAROL E. WILLIAMS TRUST. LOCATION: The referenced TMK property, containing 1.000 acre, is Lot 475 located within Hawaiian Paradise Park Subdivision situated at Keaau, Puna, Hawaii. The TMK property's address is 15-2021 14th'• Avenue. TAX MAP KEY: 1-5-025:150, Lot 475 PURPOSE: The applicant, on behalf of owner, requests variance to allow portion of "HOUSE" including"ROOF EAVES" to remain upon Lot 175 or referenced TMK property according to survey map dated August 20, 2009. The applicant requests variance to permit portions of dwelling including attendant roof eaves to remain with a minimum 3.93 feet to minimum 17.89 side yard in lieu of minimum 20 feet side yard and minimum 14 feet open side yard space requirements. The variance is from Hawaii County Code, Chapter 25, Zoning, Article 5, Division 7, Section 2.5-5-76, Minimum yards, Section 25-5-77, Other regulations, and Article 4, Division 4, Section 25-4-44, Permitted projections into yards and open space requirements, (a)(b). 8. AGENT: JEFFREY M. CITRON (VAR 10-044) APPLICANT: DIVERSIFIED LAND MANAGEMENT OWNERS: THOMAS B. HING, III, ET AL. LOCATION: The referenced TMK property, containing approximately 6.488 acres, being portions of R. P. 1663, L. C. Award 5524, Ap. 5 to L. Konia, and Lots E and F of Bishop Estate Registered Map No. 219, is situated at Keei 2nd', South Kona, Hawaii. The TMK property has frontage along the Old Government Road. TAX MAP KEY: 8-3-013:011 PURPOSE: The agent/applicant, on behalf of owners, requests variance to permit proposed 2-lot subdivision (SUB 05-000157) of above referenced TMK property without providing a water system meeting with the minimum requirements of the County-Department of Water Supply(DWS) and tentative subdivision approval condition. The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1)(2). 9. APPLICANT: KLAUS D. CONVENTZ (VAR 10-046) OWNERS: SETH H. BLUME, ET AL. LOCATION: The referenced TMK property, containing 15,000 square feet, is Lot 107 Land Court Application 1874, Kailua View Estates, and situated at Auhaukeae 2nd', North Kona, Hawaii. The referenced TMK property's address is 75-394 Hoene Street. TAX MAP KEY: 7-5-033:102, Lot 107 PURPOSE: The applicant, on behalf of owner, requests variance to allow portions of 2- story dwelling including lanai and deck to remain upon Lot 17, "AS-BUILT", having minimum side yards ranging between minimum 8.7 feet to minimum 9.4 feet and attendant minimum 4.7 feet side yard open space in lieu of minimum 10 feet side yard and minimum 5 feet side yard open space requirements, pursuant to survey map dated and signed November 18, 2010. The variance is from TMK property's minimum side yards required by Hawaii County Code, Chapter 25, Zoning, Article 5, Division 7, Section 25-5-7, Minimum yards, (a)(2)(B), and Article 4, Division 4, Section 25-4-44,Permitted projections into yards and open space requirements, (a)(b). 10. APPLICANT: THE INDEPENDENT HAWAII SURVEYOR, LLC (VAR 10-047) OWNER: WILLIAM RILEY CAUDILL LOCATION: The referenced TMK property or Lot 1 containing 6.975 acres, being part of a subdivision of portion of R. P. Grant 2600 to Makuakane, is situated at Opihikao, Puna, Hawaii. The referenced TMK property's street or site address is 13-134 Karnali Road. TAX MAP KEY: 1-3-003:002, Lot 1 PURPOSE: The applicant, on behalf of owner, requests variance to allow portions of "HOUSE" and attendant "ROOF EAVES"to remain upon Lot 1 having minimum building setbacks or minimum side yards ranging between minimum 11.27 feet to minimum 19.85 feet side yard and attendant minimum 7.4 feet to minimum 17.62 feet side yard open space pursuant to survey map dated November 10, 2010. The variance is from TMK property's minimum 20 feet side yard and attendant minimum 14 feet side yard open yard space requirements pursuant to Hawaii County Code, Chapter 25, Zoning, Article 5, Division 7, Section 25-5-76, Minimum yards, Section 25-5-77, Other regulations, and Article 4, Division 4, Section 25-4-44,Permitted projections into yards and open space requirements, (a). 11. AGENT: WEST THOMAS ASSOCIATES (VAR 10-049) APPLICANTS: KENNETH ONO, ET AL. OWNERS: KENNETH ONO, ET AL. LOCATION: The referenced TMK property or Lot 40 containing 41,905 square feet, being portion of Grant 2910 to John Yates, is situated at Kalukalu lst' 2nd. and 3rd., South Kona, Hawaii. The referenced TMK property's street or site address is 81-1234 Konawaena School Road. TAX MAP KEY: 8-1-002:003, Lot 40 PURPOSE: The agent, on behalf of the owner, requests variance to permit proposed 2-lot subdivision (SUB 09-000912) of above referenced TMK property without providing minimum water supply and dedicable roadways required by Chapter 23, Subdivisions. The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, Section 23-86, Requirements for dedicable streets, and Section 23-95, Right-of-way improvement. 12. APPLICANT: BRIAN T. NISHIMURA, PLANNING CONSULTANT(VAR 10-050) OWNER: ESTATE OF CHESTER F. CHOW LOCATION: The referenced TMK property containing approximately 10,710 square feet, being Lot 36, Kaumana Terrace, File Plan 778, is situated at Ponahawai, South Hilo, Hawaii. The referenced TMK property's street address is 138 Ten-ace Drive. TAX MAP KEY: 2-5-033:053, Lot 36 PURPOSE: The applicant, on behalf of owner, requests variance to allow portions of "DWELLING BUILT 1994" and attendant "EAVES" to remain upon Lot 36 having minimum building setbacks or minimum side yards ranging between minimum 8.5 feet to minimum 10.00 feet side yard pursuant to survey map dated September 7, 2010. The variance is from TMK property's minimum 10 feet side yard(s)required by Hawaii County Code, Chapter 25, Zoning, Article 5, Division 1, Section 25-5-7, Minimum yards, (a)(2)(B). Maps showing the general location and boundary of the area under consideration and/or plans of the proposed development are on file in the Office of the Planning Department, located in the County of Hawaii-Aupuni Center, 101 Pauahi Street, Suite No. 3, Hilo, Hawaii, 96720 and any application file can be requested by calling the Planning Department's West Hawaii Office, Suite 109, 75-5706 Kuakini Highway, Kailua-Kona, Hawaii, 96740. The files are open to inspection during regular scheduled office hours. Anyone wishing to offer comments on the application may do so. All comments shall be filed with the Planning Director by January 14, 2011. PLANNING DEPARTMENT BY BJ LEITHEAD TODD PLANNING DIRECTOR (Hawaii Tribune Herald) (West Hawaii Today) (Publication: December 28, 2010) P:AWP60\WRY\FORMLErT\PUBLICNOTICE28DECEMBER2011) .■J�� SidneyFuke, Pia, ig Consultant 100 Pauahi Street, Suite 212• Hilo, Hawaii 96720 •Planning•Variance•Zoning Telephone: (808)969-1522•Fax: (808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net ,r, ••Environmental Reports October 15, 2010 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 ATTN: Mr. Garrett Smith Dear Ms. Leithead-Todd: Subject: Variance Application—1250 Oceanside Partners This is to follow up on my meeting of October 14 with your staff, Mr. Garrett Smith, regarding the subject matter. I appreciated his cooperative effort and spirit to help bring this matter'to a satisfactory and imminent conclusion. During this meeting, some of the more salient points discussed (and somewhat expanded herein)relating to the substance of the request included: 1. Section 23-95 of the Subdivision Code requires improvements to a road right-of-way in accordance with the standard on file with the Department of Public Works ("DPW"). The standard calls for paving the entire road right-of-way, regardless of whether the right-of-way and improvements therein are dedicated to the County. The applicant's requested relief(variance) is from this provision,particularly as it relates to all roads within the Hokuli'a project("Project"). 2. In terms of subdivision applications relating to this Project,there are essentially five (5)phases—Phases I, II, III-North, III-South, and III-East. Their status are: a. Phases I and II received final subdivision approval with a bond to assure construction of all required infrastructure improvements. These bonds are still active, as all improvements have not been completed to date. Please note that, contrary to Section 23-95,the County-approved construction plans did not reflect full improvements within the road rights-of-way. SCANNED '4070 07 I B Ms. BJ Leithead Todd, Director October 15, 2010 Page 2 b. Phases III-North and III-South received tentative subdivision approval on July 10, 2007. Condition 4f of said approval required full improvements within the road right-of-way. Construction plans for these phases that were submitted to the County for review and approval do not reflect full improvements within the road right-of-way. It is the applicant's understanding that these plans have already been approved. c. Phase III-East is still under review by your office. In a letter, dated February 8, 2008, your office acknowledged receipt of the revised map and added that further action would be taken upon receipt of agency comments. To date, however, no action has been taken. 3. There are certain conditions of the rezoning ordinances that require and/or imply public use of the extension of Haleki'i Street and the road connecting to adjacent properties north and south of the Project. Specifically, as noted in my letter of July 29, 2010,the operable ordinances and conditions are found in Condition M of Ordinance 96 7 and Conditions L and M of Ordinance 96-8,pertinent excerpts of which were provided in that letter. Per Condition M of Ordinance 96 7 and Condition L of Ordinance 96 8, "Roadway improvements and access(es)to the subject property, including all plans and constructions, shall meet with the approval of the Department of Public Works." (Emphasis added) Condition M of Ordinance 96 8 required the improvements called for in Condition L of ordinance 96 8 be dedicated to the County. These included, among other improvements, the extension of Halek 'i Street and the primary road stub-outs to the adjoining properties north and south of the Project. It should be noted that the extension of Halekii Street has been completed without full right of way improvements per construction plans approved by the DPW. 4. Finally, variances from improving the road right-of-way have been approved in the recent past for subdivisions where the road right-of-way and all improvements therein would be owned and maintained by an entity other than the County. For example, in the development of the Luala'i subdivision of former Parker Ranch, Inc. properties in Waimea;relief from improvements by installing grassed swales within the road rights-of-way was granted by the Planning Director. This approval Ms. BJ Leithead Todd, Director October 15, 2010 Page 3 was granted with the condition that a) there would be a written assurance that there would be a maintenance program for the grassed swales; and b)the future lot owner would acknowledge this condition and the county's non-obligation to make sidewalk improvements. It should be noted that most of the roads within the Luala'i project (unlike Hokuli'a) are intended to eventually be dedicated to the County. A copy of this letter, dated March 27, 2002, is enclosed. Furthermore, in a letter, dated June 29, 2007, the Planning Director granted a similar relief for a subdivision in Wainaku, South Hilo. Conditions paralleling the Luala'i subdivision were also imposed. A copy of this letter is also enclosed. In that regard,please find also enclosed pertinent provisions of the recorded "Declaration of Covenants, Conditions and Restrictions for Hokuli'a" which requires the Village Association(of which all lot owners within the project are mandated to a part of) to be responsible for the costs of operating,maintaining, and insuring, among other improvements within the project,the rights-of-way and streets. This is found in Article V, Section 5.2. It is our belief that the conditions of homeowners' awareness of and maintenance responsibility for private roads reflected in the above two projects are addressed in the CC&R's affecting the Hokuli'a project. Given the above,we again renew our request for your favorable action on the applicant's variance request covering the entire Hokuli'a project. Specifically,these would affect: a. the already approved subdivisions covering Phases I and II; b. the pending Phase III (North, South, and East) subdivision applications. Relative to Phase III—North and South, subsequent to action on the variance, Condition 4f of the tentative approval letter, dated July 10, 2007,need to be amended to reflect action of this variance. Furthermore, since the roadway requirements for Phase III-East are already known, this variance would also apply to this application as well and reflected in a forthcoming tentative approval letter; and Ms. BJ Leithead Todd, Director October 15, 2010 Page 4 c. the extension of Haleki'i Street between the Mamalahoa Highway By-Pass and the Kona Scenic Subdivision as well as the primary road within the Project that would stub-out to the adjoining properties to the north and south. This approval could be subject to the condition that a)there be documentation of all lot owners' awareness of the private road condition and their obligation to maintain these roads (which we believe have already been addressed in the Project's recorded CC&R's); and b) its applicability to the extension of Haleki'i Street and the main stub-out road would be subject to the DPW's approval as noted in Conditions M& L of Ordinance 96 8. As in the past,the DPW has allowed such a relief with a maintenance and liability and public use agreement. I trust that the above information helps in your review and eventual disposition of this application. If you require further information or discussion,please feel free to contact me. Again,thank you very much for your staff's time and direction on this matter. Sincerely, SIDNEY . FUKE Planning Consultant Enclosures Copy— 1250 Oceanside Partners w/enclosures via email L. SidneyFuke, PIa ig Consultant 100 Pauahi Street,Suite 212• Hilo, Hawaii 96720 f., ') •Planning•Variance•Zoning Telephone: (808)969-1522• Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports F),y j 3: 23 July 29, 2010 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead-Todd: Subject: Variance Application—1250 Oceanside Partners Pursuant to our meeting of July 28, 2010, I am returning the subject matter for your review and processing. Also enclosed is the $100 filing fee,which was returned to my office. As discussed, your office will continue to process the variance as generally outlined in my letter of July 15, 2010. Specifically, notwithstanding the past actions taken on the prior subdivision approvals, a de facto variance for Phases I and II will be entertained. Furthermore,the request will also cover the pending Phase III (North, South, and East) subdivision applications. Relative to Phase III— North and South, subsequent to action on the variance, Condition 4f of the tentative approval letter, dated July 10, 2007, would be amended to reflect action of the variance. Furthermore, since the roadway requirements for Phase III-East are already known, this variance would also apply to this application as well. Relative to road improvement standards to Halekii Street and/or any roads within the project area,the operable ordinances and conditions are found in Condition M(4) of Ordinance 96 7 and Conditions L and M of Ordinance 96-8, pertinent excerpts of which are attached. In Ordinance 96 7, there are no specific standards identified except that it implies that the plans be subject to the Department of Public Works' approval. Condition M of Ordinance 96 8 states that certain roads need to be dedicated to the government. Again, there are no direct references to road standards. Given the above, we request that the variance also cover that section of Halekii Street between the By-Pass and the Kona Scenic Subdivision. However, if you determine that the appropriate zoning condition(s)must still be amended, we request that you make its applicability subject to an amendment to the appropriate zoning condition. 0 311 Ms. BJ Leithead Todd, Director July 29, 2010 Page 2 Inasmuch as the substance of the application- which was time stamped in your office on April 21, 2010 - has not changed, we do not believe that another notice to surrounding property owners is necessary. Furthermore,the already posted sign should likewise be sufficient. Evidence of these was provided to you in a letter, dated May 19, 2010. As outlined in my letter of May 11, 2010, the official acceptance date could be May 6, 2010; in which case, the decision-making deadline would be July 5, 2010. If this is acceptable, given the time lapse, we would hereby respectfully request an additional 60 days to September 5, 2010 to have you finalize your decision. Again,thank you very much for your time and direction on this matter. If you require more information or have questions on this matter, please feel free to contact me. Sincerely, \ VVvv SIDNEY M. FUKE Planning Consultant Enclosures Copy— 1250 Oceanside Partners w/enclosure (letter of July 6, 2010)via email w/o enclosures 4 SidneyFuke, Pla ig Consultant l / 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 1,,�'''4 4T •Planning•Variance•Zoning __ Telephone: (808)969-1522• Fax:(808)969-7996 • j •Subdivision•Land Use Permits E-mail: sidfuke@hawaiiantel.net •Environmental Reports 21s1 ,.1411 15 AM 10: 52 July 15, 2010 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,HI 96720 ATTN: Mr. Joaquin Gamaio Dear Ms. Leithead-Todd: Subject: Variance Application— 1250 Oceanside Partners In a letter, dated July 6, 2010, which was received on July 14, your office returned the subject application. I appreciated the time spent with me to go over this letter yesterday to clarify certain aspects of it and provide me with additional direction. Based on our discussion, it is my understanding that your department's position is that a road variance for Phases I, II, and III (North and South) is not needed, as constructions plans reflecting the requested road rights-of-way variance or relief for those phases were approved by the Departments of Public Works and Planning. Furthermore,bonds for the construction of those approved plans for Phases I and II were posted prior to receipt of final subdivision approvals, while Phase III (North and South) is still pending review. While that is an understandable and perhaps an expedient position, I noted that to make the project technically compliant with the Subdivision Code, a variance would be appropriate. This would be akin to your processing and approving setback variance requests for projects that were approved in the past based on an erroneous setback. Legitimizing those actions via the variance process precludes land title-related questions in the future. That was the intent of the 1250 Oceanside Partners' ("Oceanside")variance request. In addition to having the variance cover Phases I and II, Oceanside wanted it to also include Phase III(North and South)and Phase III (East). We note that although the construction plans for Phase III(North and South) may have been approved without improvements to the rights-of-way, Condition 4f of the tentative approval letter still contains the requirement for full improvements. Hence, Oceanside also wanted the variance to cover that portion as well,thus enabling you to subsequently amend that particular condition. Y i Ms. BJ Leithead Todd, Director July 15, 2010 Page 2 Relative to Phase III (East), we realize that tentative approval has not been issued. However, comments from Department of Public Works also reflect the same level of improvements, as it did for Phase III (North and South). As such, the road improvement requirement technically should be the same for all of Phase III, and a variance for that portion should also be appropriate. Your letter also made reference to the bond as it relates to completion of the By-Pass, and noted that this "must be addressed before any variance from roadways within the `project' are (sic) considered." Relatedly, you referenced an August 18, 2008 letter from the former Planning Director wherein he wrote "we will not grant final subdivision approval for this or any subsequent phases of the project based upon a bond, unless we have satisfactory proof that funds are actually committed to complete the Bypass highway and that all measures are being taken to diligently move ahead with its construction." (Highlight added) We do not agree with the conclusion. The letter refers to not granting final subdivision approval. The variance request will not result in final subdivision approval. There are many other measures or conditions that need to be fulfilled before final subdivision approval can be granted, conditions which are under the jurisdiction of your office and/or the County. Accordingly, we do not agree that the variance cannot be processed because of the August 18, 2008 letter. We can understand and appreciate the reference to the zoning condition requiring the extension of Halekii Street(between the By-Pass and the existing Halekii Street)be improved to County dedicable standards. As such,this can be addressed by either having this portion deleted in the variance application or making its applicability subject to an amendment to the appropriate zoning condition. As you know,this letter covers not only some of our discussion but other items as well requiring clarification and/or further direction from you. As such, I would appreciate written continuation and/or your thoughts on all of the items covered herein at your earliest opportunity. The application was filed over two months ago with your office and only yesterday received your letter returning the application. As such, I sincerely appreciated your making the time to go over this matter with me on such a short notice and would similarly appreciate a timely response to this letter. I stand ready to discuss this matter further with you and/or your staff. Ms. BJ Leithead Todd, Director July 15, 2010 Page 3 Again,thank you very much for your time and direction on this matter. We look forward to hearing from you soon. Sincerely, 0\\mtAl\N SID EY M. VU Planning Consultant Copy— 1250 Oceanside Partners w/enclosure (letter of July 6, 2010) via email , COUNTY OF HAWAII STATE OF HAWAII BILL NO. 158 (Draft 5) ORDINANCE NO. 96 7 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A THE AT ISTRICT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, URAL (`, KE EE AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALLU 1ST,, 2ND AND 1ST AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, CR2ND MAPAX RD KEY 7 - 9- 12 : 4 , 11 AND PORTION OF 3 AND 8-1-4 : PORTTIONEOFD B3 .Y T BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-87, Article 3 , Chapter 25 (Zoning Code) • of the Hawaii County Code, is amended to change the district ( classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A- 1a) : PARCEL 1•: Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall , the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5 , 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South : 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S . W . Makahiki to a point : Thence , following along theremainder of Grant 2029 to S. W. Makahiki on a curve to the right with a radius of 470 . 00 feet , the chord azimuth and distance being : EXHIBIT C 5 • • ( L. Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails ; provided, that restrictions will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area ' s pristine condition, and to minimize any liability to the applicant , pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain. all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions . This condition shall not be applicable to any roadway, trail or other rihts-of-way, which are deemed public highways or- trails as defined in Chapter 264 , Hawaii Revised Statutes ; M . Roadway improvements and access (es) to the subject property, including all plans and construction-, shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki ' i Street intersection ; • - 14 - 2 . determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any seyment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the applicant ' s reimbursement to the county for the acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Halekiti Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area ; 4 . construct the extension of Haleki ' i Street through the subject property as generally reflected in Exhibit "B`, which phasing of improvements shall be approved by the - 15- (. Department of Public Works . If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki ' i Street improvements . The purpose of this condition is to prevent the use of Haleki ' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and ( 5 . provide roadway stub-outs , generally shown in Exhibit "B", to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by. the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to reduce the impacts of noise and light on the residents therein - 16- ( and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the . Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as • benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose ; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant , less the pro rata portion attributed to the subject property; N . In lieu of actual construction of infrastructural improvements as required under Conditions E, G , J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable , Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements . -17 - COUNTY OF HAWAII STATE OF HAWAII BILL NO. I8I (Draft 6) ORDINANCE NO. 96 B AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND UNPLANNED (U) TO AGRICULTURAL (A-1a) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKJI, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU IST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA. HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF I, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87, 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 Kanaueue Island 2nd, North Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 1 : Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions, being also a point on the division between North and South Kona, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,I26.02 feet East and running by azimuths measured clockwise from True South: 1 . 71 * 45' 902.30 feet along Royal Patent 1 670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2. 152' 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; EXHIBIT B ( (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; - (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass [road as shown in Exhibit "C",] between the approximate vicinity of CKeauhou and amain Cook including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion] of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Marnalahoa Highway Bypass [as shown in Exhibit "C",] s - i .; - . s ... •. u, v' of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes . . •. * tag a. . •.. . . u .u. ge—• ,w. .. �. . . - .• .�• • • • . - - -23- • I • . - •I• • • . • •,I • .• •w- I . 1' 1 I I - project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B•, which phasing of improvements shall be approved by the Department of Public Works. [A] If, before fh rnm •ion • 11• ••- 11-11 . • • - - • ►/•11. .1•. . • Iw, iV•. • /. •11 • - -I •11 •11r1-• •pe .'. ••1••• I •v'• - • aleki'i Sreetta barricade or breakaway gate,meeting with Hthe requirements q s of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements [prior to the completion of Phase I of the Marnalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare ( between the existing Mamalahoa Highway and a portion [the Phase 1 section • ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Bypass between the approximate vicinity ofKeauhou and Captain CocJ has been completed and opened for general public use; and 151[(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide fixture connections between the subject property., [the Alii Highway, and southern extensions there from;] And the adjacent properties to the north and south: provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and] .14. • • ill/ •v I .. ■ • •tV.vw I 111••' •01 ua •- • - /1 - • I - u i Works The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to -24 • - reduce the impacts-of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the texuis and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may deteiuiine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C", meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road, meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;] -25- All roadway improvements stated in Condition L [and M] of this ordinance shat lbe dedicated to the [appropriate government entity. Those improvements associated pwith the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] County_of Hawaii; (N)[O)] To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (9�[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,) the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions•thereof shall be granted prior to the actual construction of required infrastructural improvements; 1(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; (P)((R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition. "agriculture" shall be defined as the cultivation of crops. including but not limited to flowers, vegetable. foliage. and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: ( -?6- CD F, m - to iO 0 CO 1 • C9 0 C= %, CNA 0 !{ ll N — E4 ti _ 0__) ,,.. op iY 4 __, .. ) ....., ....„. 4 i ,-- ... � � , d ru a O yIll -(' ' II WI 0 ., 1 Cd ru ; • 0 �: _ , m .�.-A PtC �° iwpw,,wLuoo w CO C,- ¢ O Ra�L cc¢ to . SN w a , 0 0000 0 'b c, 0 0 11 a� c.\-..• ...?) 1 t 0 .41 RI 4 g CD .0 ri y F- II Z CO Cr z wp g w CC D w ' W Ja , C 1 O Nca NwN yO .-•w U o o Q Q =�UU fl o 00 ¢ _ 9 °1_ i O 09 � Ov ■ 1,04 ait 4„a,..,..,. ,.D. '-',21rs 0 Z(.9 c°..i-i Clogi.i. C..) HDADH ro X;Lrro) —Zia01 al iNgIdt9 S v c;ga ; gNvld { z a 1 ,0 w cc 1---o O a I-9 U- ' "L ., . . . . . . . . . . . ' . . . . . • • • • • . - • . . . . • • • . . . • .. . . • A 1.0 '4 lib 1 A cr) •4•:: _•-.. ' .... A ev Cl) N, co" ' CC / 44 1 I Ct4. 1 ,:, .,-.7 (A g f,x) I ...I „ . F.....; 2, 1 4 VI 8 6 0 '... . • , co ... ........ ' ' • ! 0 i , . , . -- v. •-.I rk ' A 1 . < iilift....... 0 i• i . _ 1 -- ... t. --...._ • • 0 . ..-9 • • a a ' . -" i 4161 '3( . • ''' . / CI 1 I ca a o v ..._. <3** ' • "'*__," 0 ru .... . 0 1111111 .- ' , ... •• _; ••• : , IK:r C° WW. 3-1.....- ..•44A i oir' . 0- t". • -. ... >-•ec-- - i- , L11 - Ct.-. 1 Lu i'•• ei Ei g; • r. • . dtt 4 3 Ni ki E S 8 P d g 0 a 0 0 A • rti p, i . 0 . ..... 1 ' 4 1 ...a .i ru• § -1•••••., - .. i 34., As. V 2 .L . •-. ; ' 1 I 4 . g ,g jh 11.1 .—IR LciJ'--a ,_41 A Z D A D Cf)1.0 F-N ei D 0 MoN _a 11 CA)52 ill III 0 0 ° j 0(")a' IP' • 'Zig 6: ' 0 • U -8 < In uj Vail- ' <Is.E '' . ' , ".2:1'.2, = .i r_ *. 1, •',"' G::- . I. - • V 0 2±c'1-1. -''4 .4:II, -V. Datel • / - a-- a .. . .„0,, Fik..I.44 4.0 .44.t.filOrj , Z . . u °1-11i :41 • A41 - ' ' 1,147:-M I. YAla 0 et\UNNVId t.L. 1 . 1 iLu Luct / . .. . . DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 27, 2008 TO: Christopher J.Yuen, Director Planning Department FROM: .+✓Department of Public Works SUBJECT: SUBDIVISION AGREEMENT AND BOND AMOUNT Subdivision Application No.: 07-000566 Subdivider: 1250 Oceanside Partners Subdivision Name: Hokulia, Phase 3 (North &South Subdivisions) TMKs: 7-9-12:04, 06, 11, 29 & por. 34; and 8-1-04:64 &65 (North) TMKs: 8-1-04:68 & por.03 &70; and 8-1-32:por. 54; and 8-1-33:13-17 (south) Folder No.: 81146-Al We have determined that a bond amount of $21,529,277.00 (19,572,070.00 + 10% contingency) will be sufficient to construct the subject subdivision's improvements excluding the construction of the water system. Prior to our approval of the bond, an agreement shall be executed between the County of Hawaii and the subdivider requiring a deed covenant which informs all lot owners that they agree to grant any necessary construction right-of-entry and drainage easements within their property to correct unforeseen drainage problems. Questions may be referred to Frank DeMarco at 961-8042. KG c: Bryan Smith, Kitchell ENG-KO NA County of Hawaii is an Equal Opportunity Provider and Employer Master Planned Communities February 21,2008 Daryn Arai County of Hawaii Planning Department 101 Aupuni St. Suite 325 Hilo,Hawaii 96720 Re:Hokulia Subdivision,Phase 3 North and South Infrastructure Bonding Dear Daryn; Hokulia is in the process of obtaining Final Plat and Plan approval for Phase 3 North and South subdivisions. As part of the approval process we are required to post a bond for the improvements. Attached is an Agreement and bonding cost estimate for the proposed infrastructure. Preliminary versions of these documents were previously submitted to the Department of Public Works,Department of Water and Corp Council for their review and comment. These final documents reflect those comments. Please distribute to the appropriate parties for approval. Should you have any questions or comments please do not hesitate to call me at 808-324-1870 or e-mail at basmith@kitchell.com. Sincerely; Bryan Smith,P.E. Engineering Manager Cc:Kelly Gomes—Public Works Gerald Takasa—Corp Council <. f�ts�S� Gerald Yorita—DWS Bob Stuit-0 1250 J3tiNG� — cti_c 62(.1,1 -- V�wla vac L ✓ Harry Kim -: �'�; 411: Bruce C.McClure Mayor Director • /� Jiro A.Sumada Gauttf IIf-4.nitxt[t`t Deputy Director DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7-Hilo,Hawai'i 96720-4224 (808)961-8321-Fax(808)961-8630 www.co.hawaii.hi.us February I5,2008 Mr.Jon Young,P.E. Belt Collins Hawaii Ltd. 2153 North King Street,Suite 200 Honolulu,HI 96819-4554 • SUBJECT: CONSTRUCTION PLAN APPROVAL Subdivider: 1250 Oceanside Partners Subdivision Application No.: 07-000566 Subdivision Name: Hokulia Phase 3,North and South Kona Project Description:Hokulia Phase 3 Subdivision Tax Map Key: 7-9-012:4,6 11,29&Por.34;8-1-004:64,66 and Por.3 and 70; 8-1-032:Por.54&8-1-033: 13 through 17 Folder No.: 81146-A1 The construction plans associated with the enclosed signed title sheet for the subject project have been approved by this department. Please be informed that after the construction plans have received all other required approvals,you are required to submit the following to our department in accordance with Section 23-97 and 23-98 of Article 7,Chapter 23,of the Hawaii County Code. All items listed shall be submitted with one transmittal. 1. Inspection Fee: Two-tenths of one percent(0.2%) of the total cost of the construction work,but not less than$25.00. 2. A written notice, at least one week prior to any construction work, with the construction start date, name of the contractor,the contract price,and any other pertinent information. 3. Four(4)sets of the approved construction plans and specifications(if applicable). We will not approve grading or grubbing permits, nor permits to work within the County right-of-way related to the subject subdivision until we receive all the above items. When construction is completed and before recommendation of dedication, a set of as-built plans drawn in ink on mylar, or approved equal,shall be submitted. Please be informed that the Department of Public Works will not recommend dedication of roadways prior to injection well (dry well) compliance with Chapter 23, Underground Injection Control,Administrative Rules,Department of Health. County of Hawaii is an Equal Opportunity Provider and Employer. 0 91► January 28,2008 { Mr.Jiro Sumada Deputy Director Department of Public Works 101 Pauahi Street,#7 Hilo,Hawaii 96.720 Subject: Rokuli'a Phase 3 North and South Private Roadways Sub-07-000566 Dear Mr.Sumada, It is the objective that Hokuli'a be maintained as a low-density,low profile community in a rural setting. To enhance the overall low-density rural character of the development, Hokuli'a is proposing to minimize the impact to the land by working with the natural topography as much as possible. Due to the steep and rugged terrain on some parts of the property it is very difficult to meet the maximum County road grade design standards on all the proposed streets. Our design engineers,Belt Collins Hawaii(BCH),have worked closely with County DPW staff to minimize the zones of impact.BCH has made major modifications to the original design in order to meet the criteria in as many areas as possible. However in short stretches in many of the private roads,the maximum grade standards can not be met without significant impact to the surrounding ground. In order to avoid a fully-developed or urban appearance of the roadways,and Hokulia is requesting DPW relief by departing from the County standards as allowed by Section 23- 50-b(Grades and Curves)of the Subdivision Code. That provision reads: "Variations from the required grades or curves may be permitted by the director and the director ofpublic works where advisable to meet unusual conditions and the director of public works may speck additional standards accordingly." The roads that are proposed for modification will be kept in private ownership and maintained by a community homeowners association. It is anticipated that many of the motorists will be second homeowners,part-time inhabitants,retirees and home occupation residents who are not likely to generate a substantial number of trips. Attached is a plan of the roads and list of grades that deviate from the standards. 1250 Oceanside Partners • 78-6831 Alii Drive • Suite K15 • Kailua Kona, Have?i 96740-2440 p bone 808-324-1500 • fax 808-324-4252 • www.bokulia.coin t114 It is intended that these minor roads within the Hokuli'a subdivision not be built to the standards required for streets which are dedicated to the County of Hawai'i. The typical County Standard section indicates that roads without curb have ditches that are paved for drainage and graded from right-of-way to right-of-way. In keeping with the rural character of the project Hokuli'a is requesting to install grass lined ditches and minimize 'the section grading. The grading of roadways through this irregular property requires many cuts and fills to maintain safe sight and stopping distances.In order to stay within the slope design guide lines recommended by the soils engineers,often the toes of these cut and fill slopes extend beyond the standard right-of-way limits. The typical road section in SEC 10-19 shows a varying bench depth as the height of slope increases. We are requesting a deviation from SEC 10-19 that allows a 2 foot bench for slopes up to 15'high. (See attached detail). In areas where the top or toe of slope still extend beyond the right-of- way limits a slope maintenance easement will be created on the private property on the Final Plat In addition there are two short portions of roadway,SA and SD that do not meet the minimum 200'radius curvature standard. SA serves five lots at the end of a private driveway. Road SD serves three lots and is only 250'Iong. Both roads will be gated so a full stop movement will be required entering and exiting.Neither road will have a large volume of traffic therefore we feel a deviation in curvature is appropriate in this case. The County standard pavement width will still be maintained,however since traffic on the road system is expected to be light and slow moving,we feel the proposed design should be adequate for the subdivision. The interior roads shall be owned by the Hokuli'a Community Association,as described in Section 23.11 of the Amended and Restated Declaration of Covenants,Conditions and Restrictions for Hokuli'a,Document No.2006-222401,recorded at the Bureau of Conveyances December 5,2006. Furthermore and as also noted in the above referenced document,these roads will not be accepted for dedication unless they are brought into compliance with the requirements for dedication of roads. The document also indicated the Association is responsible for maintenance of,and is liable for,these roads and will indemnify and hold Hawaii County harmless from any and all claims arising from,or out o the roads. For your reference,a copy of this pertinent portion of this document is attached hereto. We respectfully request your consideration for this deviation. Should you have any ques ' ns +le..- s 1 me directly at 324-4212. nicer 04 'obert ,;ice Vice President of Special Projects Cc: Chris Yuen Attachments 44aj -1ll ;,. Ejlip�3 I 'I 0-1 e t oa, a aa� A� de • Ii ! 1 ,0I ,ie, r. IC i i I ` i 1 0. �.in I' s Id i 1 : Liil !tt::j ! ! !-- AL ' 1 i 1 { IC 1i .e _� El Ii e t. 0/114 Holeulia Subdivision - Phase 3 Roadway Horizontal Curvatures Summary HORIZONTAL CRITERIA Based on the County's Subdivision Ordinance,the minimum horizontal curve radius for cul- de-sac roads is 200'. No minimum radius is given for alleys. Additionally,based on the Hawaii County Code,Section 23-50,the minimum horizontal curve radius for a collector street is 300'. Haleki'i Road Ext.(80'R/W)t Minimum curve radius(ft): 300 Road Sheet Curve Radius Remarks Haleki'i C-2 1 600 OK Haleki'i C-2 2 600 OK Haleki'i C-3 3 1000 OK Haleki'i C-3 4 515 OK Haleki'i C-4 5 850 OK Haleki'i C-5 6 1900 OK Notes: 1.AASHTO Guidelines for Geometric Design of Highways and Streets(2004) Cul-De-Sac Roads(50'R/W) Minimum curve radius(ft): 200 Road Sheet Curve Radius Remarks NA C-6 1 550 OK NA C-7 2 515 OK NA C-8 3 500 OK NB C-9 1 275 OK NB C-9 2 450 OK NB C-9 3 375 OK NB C-10 4 300 OK NC C-11 1 500 OK ND C-12 1 375 OK ND C-12 2 375 OK ND C-12 3 275 OK ND-1 C-13 1 500 OK ND-1 C-13 2 200 OK NE C-15 1 200 OK NE C-15 2 325 OK NE C-15 3 450 OK NF C-17 1 1000 OK NF C-17 2 600 OK NF C-18 3 375 OK `NF C-18 4 600 OK NF C-19 5 400 OK NF-1 C-20 1 200 OK NF-2 C-21 1 500 OK NF-2 C-21 2 400 OK NF-2 C-22 3 675 OK NF-2 C-22 4 200 OK NF-2 C-23 5 325 OK NF-2 C-23 6 360 OK NF-2 C-23 7 350 OK 1 Hoktlia Subdivlsi®ct - Phase 3 Roadway Horizontal Curvatures Surmrciary Road Sheet Curve Radius Remarks NF-2A C-25 1 350 OK NF-2A C-25 2 500 OK NF-20 C-26 1 500 OK NF-2C C-27 1 525 OK NF-4 C-29 1 550 OK NH C-31 1 450 OK NH C-32 2 350 OK NH C-32 3 200 OK NH-2 C-34 1 500 OK NJ C-35 1 500 OK NK C-36 1 225 OK NK C-36 2 560 OK NK C-37 3 400 OK NK C-37 4 300 OK SB C-41 1 400 OK SB C-41 2 700 OK SB C-41 3 375 OK SB C-42 4 700 OK SB C-43 5 700 OK SB C-43 6 700 OK SB-3 C-47 1 250 OK SB-3 0-47 2 300 OK SB-3 C-47 3 200 OK SB-4 0-48 1 650 OK SC C-49 1 425 OK SC C-49 2 415 OK SC-1 C-51 1 400 OK SE C-53 1 310 OK SE C-53 2 200 OK Alleys(20'R/W) Minimum curve radius(ft): 200 Road Sheet Curve Radius Remarks NH-1 C-33 1 200 OK NH-1 C-33 2 200 OK SA C-38 1 175 Subject to approval by DPW SA-1 C-40 1 200 OK SA-1 C-40 2 600 OK SA-1 C-40 3 800 OK SB-1 C-45 1 200 OK SB-1 C-45 2 200 OK SD C-52 1 120 Subject to approval by DPW SF C-54 1 200 OK Summary All curves meet the minimum radius criteria,except for Curves#1(R=175')and Curve#1 on Road SD(R=120'). As this is for alleys(20'RNV)where the County Code does not specify any criteria,the acceptability of these curves will need to be worked out with the County. 2 6 Created By:GJC � !: ; Project:2007332000 Date:12/20/07 BeltCollins Hokulia Phase 3 Table of Segments that Exceed 12%Grade Road From To Max.Slope NA 2+00 5+25 -18.00% NA 6+75 15+95 -17.00% NA 17+86 20+55 -15.47% NB 3+36 6+40 16.80% NB 8+60 10+70 15.00% ND-1 0+92 5+25 19.00% NE 0+82 3+54 -17.00% NF 1+06 3+36 12.60% NF-2 18+28 20+25 -13.00% NF-2 22+53 24+88 -17.40% NF-2B 0+52 1+94 18.00% NF-3 0+66 0+82 13.00% NH 1+38 3+50 14.00% NH 8+66 12+75 19.00% NH-1 0+73 1+95 15.00% NH-2 0+75 1+41 -14.00% NJ 0+76 2+71 18.00% NK 0+20 0+25 -16.67% NK 0+47 3+10 16.00% NK 10+70 14+25 -17.40% SA 3+45 5+15 -14.00% SB 19+55 23+57 -15.80% SB-1 0+85 4+50 19.00% SB-2 0+84 2+60 17.00% SB-3 1+30 4+30 -17.00% SC 0+61.09 2+95 -15.50% SC-1 1+07 1+70 -14.25% * SD 0+99 1+90 13.80% *'. SE 0+84 4+00 -19.00% SF 1+00 2+87 -15.40% ._ ..... 1 1-1 4 N ill 1(44 „ i laieh‘:I IA 1 ' ' ,_---...--,, itilliq Ar .._.. .. „ I _ _(,,,\- ' , I 1 t1 ...3 •,: f 1...1-.„0.0 -----:, 4 , - 1.--- 1!-- `;`t1;'----L—f":-..,:„/ - `I 2-'4,,_•'‘g ' ,-.11-/ P/9'''; 1 I ,ral 1 8,;' IP, 1 - ,I 41' '-.•: i 1 g hi. .44Iiimm- I., El E 41 11 Ig -11 1-171 / I 4±' , ......., 7 ;.; ,,,_ J ' , ... w ts , f-,,, n•...„ , 1 t‘5 . ..,. ,i ... " if '61,\.,-i 11____,:„ •-_. ,,,, .,, r ',1 I :2 ij „ 4,.." 20004_ 1' 1,5_ :-Air, : g, ' ..i. • lc- ‘ ii F.. ,-0- Y 12 I,/1//, ) i 1ti n' i ZaMI =ID— .3 c...., 0 cn I \i i 1. u cof r cd 1.7_1 w :1 , g. t, a __I < & r u IX u.., •.„0 i , N 1 M „ ,/ , r' '''', __ _________ / ( CD ? 4....1111 .441 Ak,\ i 4' iii '' MT ----L_f_/-- 7, s'1\-A 7,„,,,''• Z. \ __. ---//. ,,:, i---- i,.•. ..., 1 2 .< '40 1 ---,4ks..' ---4 .., ... 1 1'), • 49,:t---- '/ -1,,,--,i__-_---,,/.6.• , .,'1-, .._. A , .,.. ,,,,,..; , • „J._ , a e' =\,------1(3•1'Y.,..A '' 24 " " .:•:`' j/Nc.(2 ) )'.1 Y / III E ,. g SII 11...R , s , III I , o ' 3 g .71 , ,g N I ggggpppp 11r t"4 I c ?.E— .2, `--t Kfs`R l�.= w�Y x 1 Ilio r5 1 • /}1/ '8 / NI''. S L L �-,\"4/-'__7-, s ./t- j*'‘' _ ° i, tE;1 a 11tii "-.%__!--2- H o 1 �i l� 1`_----s, A.,sv / g ''7r \\� i rj 1 e. elude \ —// e, r -- -- i 1'S I_ 1 / � a -_,.-i: `� ; ' ; I1 to \i I A -„. - bpi'''. I 4 s£ , \ •r .0 —1a• .y, -. , ,� J - w-- "ili -- � + i pY /' ' ` !% -� z _'— = _==F=17 pis\m ;T 0 ' - i Ail _ /_ �_ ?,/ _ice -- ' \ — ':, J i� bnraroa-��I �i 7• ¢•� �'�' 3 H F s -. -� '"tea. it g._ 1 i 1E � 3•! 4 1( E m Ymmvyau Oevelr) Co, PHASE 3 (orer) t $ _ IDE NORTH 'two VEmcvLARAccFCC".'\ 6N 5N ' 4N 3N 2N M' • 1i�` -I— ,____..„./..—_-.-.--.1 1N .(/_'60ADN6 m 14 1 �N. 9N tON 11N `s �� )}\\I\ k - 13N1 : __ r 12::::_.1)11-. 2N > �� i \ 44! t 7N • �/ 59N N., c 1 j 4 • I 4395 EIEVA71ON030 MG `` ,. <` "{�� ,� ' 1 RESERVOIR ME C\ -*; C./ - /` ` `t i . i d 64N • �� '11; SSN / o $ i w ' PHASE I ' ' T o p-v L'At i'`,,77 L.,, N ' L . ,, 0 1 1 m .r ' ‘ 66N /1/1.,,,,--' 1 i �`-�w ‘ � 65N � �� I [AEIALUE ORANAGEV:AY ' \ ZONE \ 1 --- ill Adan® ha. , 7 6 6 ' 69N ; � gg ,-1-,T. 6 = i 8 c a8ii I NoN gg $ `c r2 Z- u0 Jai ' William P.Kenoi ot..os y� , Mayor , � BJ LeitheadTodd '' Director i. r r Margaret K.Masunaga Deputy County of Hawaii PLANNING DEPARTMENT Aupuni Center• 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 July 6,2010 • SIDNEY FUKE PLANNING CONSULTANT 100 Pauahi Street,Suite 212 Hilo,HI 96720 Dear Mr.Fuke: SUBJECT: VARIANCE APPLICATION-Returned Agent: SIDNEY FUKE,PLANNING CONSULTANT Project: HOKULIA SUBDWISON(Phases I,II,and III) Applicant: 1250 OCEANSIDE PARTNERS Owner: 1250 OCEANSIDE PARTNERS Request: Variance from Chapter 23,Subdivisions, Required Roadway Improvements Tax Map Key: Various TMK,(SUB 07-000566) Enclosed is your variance application from Chapter 23,the County Subdivision Code,or request for variance stated on the variance application form,"Relief from making improvements within the rights-of-way of existing and proposed private agricultural roads,"within"project"or Hokulia,owned by 1250 Oceanside Partners.According to numerous discussions between this office and the DPW-Engineering Division in Hilo,the Planning Department notes construction plans to construct non-dedicable road improvements within and upon privately-owned road lots within Phase I and Phase II and Phase III(North-South)of Hokulia,cited in your background report,were approved to be built by the DPW-Engineering and the Planning Department without a variance or need for a variance to permit roadways constructed within Phase I and Phase II. Further,it appears that specific non-dedicable roads or roadways having grass shoulders within Phase I and II were bonded prior to issuance of final subdivision approval. Similar non- dedicable road improvements,including grass shoulders,were approved to be built for Phase III (North-South)or pending SUB 07-000566;bonding documents for subdivision improvements required for SUB 07-000566 are currently being reviewed by DPW and/or other County agencies for adequacy. Concurrent with the"project"or build out of Hokulia,a Bypass Road is required Hmvai'i County is an Equal Opportunity Provider and Employer 2 SIDNEY FUKE PLANNING CONSULTANT Page 2 July 6,2010 to be finished or built,including section(s)of Halekii Street built to County dedicable standards, and other public access improvements,etc. The variance application submitted on April 21, 2010,or your request for variance,cannot be processed and is being returned to you for the following reasons: 1. The original signed application form received on April 21,2010,or variance request, states:"Relief from making improvements within the rights-of-way of existing and proposed private agricultural roads." The Oceanside 1250 project or development(Phase I,II,and ill)are subject to both Ordinance No.96-7 and 96-8,which both state"Roadway improvements and access(es)to the subject property,including all plans and construction, shall meet with the approval of the Department of Public Works." The tentative approval letter for Phase III(North-South),dated July 10,2007,Condition 4 regarding access and roadway improvements,states,in part,the following: "f) All proposed subdivision roads shall be constructed in conformance with the requirements of the Subdivision Code(Chapter 23,HCC). 1) For subdivision roads serving more than six(6)lots,construct minimum 20-foot dedicable pavement with paved shoulders and swales,within a minimum 50-foot wide right-of-way,conforming with DPW Standard Details R-33 and R-34. 2) For road lots serving six(6)lots or less,construct a minimum 16-foot wide non-dedicable pavement within a minimum 20-foot wide right-of- way,conforming to DPW Standard Detail R-39. 3) Proposed Road Lot R-1 (Halekii Street Extension)shall be constructed to County dedicable standards,meeting with the approval of the Department of Public Works. 4) Construct turnarounds at the end of the proposed cul-de-sacs in conformance with Section 23-48 of the Subdivision Code." According to DPW records,construction plans for SUB 07-000566,allowing similar non- dedicable road including grass shoulders for roadways previously allowed within or for Phase I and Phase II,were approved in February 2008. The review of Phase III(East)is still pending at this office,including granting tentative approval to Phase III(East),and it appears that construction plans required to be built within Phase III(East),including a section of Halekii Street,have not been reviewed by the agencies. Page 3 of your attached background report"B.Requested Variance"states,in part,the following: SIDNEY FUKE PLANNING CONSULTANT Page 3 July6,2010 "As noted in Appendix B,tentative approval for Phase 3-North and South was granted subject to meeting certain conditions. Relative to this tentative approval,the applicant is requesting relief relative to the road improvement requirements outlined in Condition 4f. Specifically,the relief is from improving the rights-of-way for all roads and cul-de-sacs(be they for serving 6 or less lots or serving 6 or more lots),as well as to Propose(sic)Road Lot R-1 (Halekii Street Extension). Although Phase 3-East has not been granted tentative approval,it is suspected that the road improvements will be the same. Furthermore,the already approved subdivisions for Phases I and II may or may not have those requirements. Nevertheless,the intent of this variance is to cover all roads—whether previously approved or not—within the entire project" Comment:The approved subdivision construction plans to construct non-dedicable roads for Phase I and Phase II were approved by the DPW and this office. The status of Phase III(East)is still pending in this office,and the requirements for roadways within this phase have not been determined or submitted for review and approval by the DPW or this office. According to ordinance conditions,Halekii Street is required to be built to dedicable standards(especially the section of Halekii Street connecting the completed section of the`By-pass Highway"to the Mamalahoa Highway via Kee Kee Street)and is likely to be heavily utilized pending completion of the remaining segment of the By-pass Highway,which terminates at Napoopoo Road. As you are aware,the deadlines set to build or complete construction and dedication of the required By-pass Highway or infrastructure,required by Ordinance No. 96-8 and/or other development agreements permitting the"project"to be built,will not be met;the status of the completed section of the By-pass Highway and other bonding issues,cited in an earlier letter dated August 18, 2008,must be addressed before any variance from roadways within the"project"are considered. Therefore,a variance or your statement or a blanket variance request"to cover all roads-whether previously approved or not-within the entire project"is not proper. 2. Enclosed for your files is a copy of certified letter by the previous Planning Director, dated August 18,2008,addressed to Mr.John DeFries,Hokulia, 1250 Oceanside Partners,regarding Hokulia`project,"regarding the status of the Mamalahoa Bypass highway and other matters,especially bonding issues and looming deadlines,etc. Page 3 and 4 of this letter state:"The County is aware that Oceanside is planning a Phase SIDNEY FUKE PLANNING CONSULTANT Page 4 July 6,2010 III of the subdivision. For the reasons given above we will not grant final subdivision approval for this or any subsequent phases of the project based upon a bond,unless we have satisfactory proof that funds are actually committed to complete the Bypass highway and that all measures are being taken to diligently move ahead with its construction." Comment:In consideration of above-referenced letter dated August 18,2008,specific roadway improvements required by Ordinance 96-8,or ordinance conditions to permit roadways(dedicable and non-dedicable)to be built within Oceanside 1250-Phases I,II, and III,pursuant to previous or current construction plans,including the status of a section of Helekii Street required for the By-Pass Highway constructed to date,and any subdivision bonding to permit Oceanside 1250,including annual status reports,should be addressed and discussed with the Planning Director before a variance from Chapter 23, Subdivision Code,or DPW requirements are submitted. 3. Your letter dated May 11,2010,citing Section 25-2-3(a)and Section 25-2-54(a)extracted from Chapter 25,the Zoning Code,does not apply to a variance application from Chapter 23 Subdivisions,and is not appropriate or correct given that your application for variance is from Chapter 23,Subdivisions. In addition,the letter and subject matter or concerns cited in the earlier letter dated August 18,2008(copy enclosed),expressed nearly 2 years ago,especially concerns raised by the former Planning Director regarding the timing to complete the By-pass Highway,bonding matters,and other issues mentioned or specified timeframes mandated by the Ordinance No.96-8,have not been addressed or met by the project developer in a timely fashion. Comment:Section 23-18.Actions on variances,applying to a variance application from Chapter 23,Subdivisions,states: "The director shall,within sixty days after the filing of a proper application or within a longer period as maybe agreed to by the applicant,deny the application or approve it subject to conditions. The conditions imposed by the director shall bear a reasonable relationship to the variance granted. All actions shall contain a statement of the factual findings supporting the decision." In view of the above,enclosed is the variance application and copies received on April 21,2010. The$100 filing fee will be returned to you under separate cover. Any variance application or request for variance regarding the subject"project"Hokulia should be discussed with the Planning Director including DPW-Engineering staff in Hilo and Kona SIDNEY FUKE PLANNING CONSULTANT Page 5 July 6,2010 before filing. Any variance application filed at the Planning Department shall not imply acceptance or tacit approval of the application or variance request by the Planning Director. Sincerely, ITHEAD TODD aiming Director WRY:kwr P:\WP6O\WRY\FORMLETI\VARLTROCEANSIDE1250.PUKE Encs.Variance Application xc:Account Clerk SUB 07-000566 t n F ,S7 "NT June 20 2010 BIO JUN 23 Fit 2: 32 Director Hawaii Planning Dept. 101 Pauahi St Hilo,Hi. 96720 RE: Variance 1250 Oceanside Partners Director, Until such time that Oceanside Partners(Hokulia)completes commitments made to Hawaii County,general public,and Hokulia property owners. No variances,considerations,future plat approvals should be granted. It appears that 1250 Partners have funding to continue with future Hokulia planning, zoning and variances,but no funding to fulfill past commitments? This and any future considerations should be denied until such time that 1250 Partners are compliant with current permit/plat requirements. R.Dvorak 78-7045 Kaluna St. #308 Kailua-Kona,Hi 96740 • SCANNED le?4114u4 fi '` By: t PLA :Na 1 3 G DEpT7.-rimirr 211j /.1AY 27 3 26 Warren Akau Ohana et al. May 24, 2010 76-6170 Plumeria Drive Kailua-Kona, Hawaii 96740 Planning Director County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Dear Sir, I am in receipt of a letter from Planning Consultant Sidney Fuke on behalf of 1250 Oceanside Partners for a variance application.The variance was to allow relief from the roadway requirement of the Subdivision Code for Phase III development. Phase III South, of the planned development is located directly above and South of our Property, it will have a direct effect on our property as well as the waters along the entire coast line. The prior development of Phase I and Phase II has caused significant changes to the topography and adverse consequences to our fragile ocean ecosystem. Our family has owned this property for many generations and never have we experienced this amount of runoff into our bay prior to this development.The Developers of the subdivision and golf course have altered the natural flow of water and considerable dirt and silt is washed into the bay whenever there is heavy rain. The access to our property is constantly being changed and the road is not being maintained by 1250 Oceanside Partners as promised. We have made numerous concessions to 1250 Ocean side Partners in return for promises that have not been kept. In the past we have been agreeable to the developers, however it appears that no consideration have been given to the Kuleana owners in return for concessions made. If we continue to allow changes which adversely affect our Kulana there will be no recourse available once damage is done. Therefore it is extremely important that we look carefully at any and all proposed changes and new development to identify the negative consequences before they happen. Already there have been irreparable damage to our ocean by runoff from the golf course and adjacent subdivision. Many of our favorite fish species are no longer edible due to ciguatera toxin caused by runoff and fertilizers from development like these as well as dirt and silt that cover our coral reefs. We are the stewards of this aina for our children and all future generations and so we must decide carefully what we do. I urge the Planning commission to carefully weigh the options of any proposed changes which might adversely affect the ocean and the people who rely on it for subsistence. Phase III development will alter the terrain and compound the flow of water by making the ground less permeable. It is the Planning Commissions responsibility to hold the Developer accountable for a plan that will mitigate any adverse effects from flood waters prior to development. It is our responsibility to Kuleana Pono, be responsible stewards. SCANNED 16 3786 t ' cerely, vl Akau. • APPLICATION FOR VARIANCE FROM SUBDIVISION CODE [ -41.1q r ';7 i t i'� t. 06 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested information) OWNER: 1250 Oceanside Partners OWNER'S SIGNATURE: � -7^ '~ DATE: `i/`�//� ADDRESS: 78-6831 Alii Drive,Suite K-15 Kailua-Kona,HI 96740-2440 TELEPHONE: (Bus.) (808)324-1500 (Home) REQUEST: Relief from making improvements within the rights-of-way of existing and proposed private agricultural roads TAX MAP KEY: see attached sheet SUBDIVISION#- see attached sheet AREA OF PROPERTY: 1,542+/-acres ZONING OF PARCEL: RA-1A APPLICANT: 1250 Oceanside Partners APPLICANT'S SIGNATURE: Cts DATE: y//V//0 APPLICANT'S INTEREST, IF NOT OWNER: APPLICANT'S REASONS(S) FOR REQUESTING A VARIANCE: (Please attach a detailed written explanation of the Purpose or Nature of the request. Photos and maps may be included.) No variance may be granted unless it is found that: 1. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; 2. There are no other reasonable alternatives that would resolve the difficulty; and 3. The variance shall be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning and Subdivision Codes, and the County General Plan and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. THIS APPLICATION MUST BE ACCOMPANIED BY A FILING FEE OF ONE HUNDRED DOLLARS ($100) payable to the County Director of Finance. AND: 1. The Original and four(4) copies of the completed application form with attachments; 2. Five (5) copies of description of the property in sufficient detail for the public to precisely locate the property; 3. Five (5) copies of a scale-drawn plot plan of the property showing all existing and proposed structures and improvements; and 4. A list of the names, address and tax map keys of all owners of property within three hundred feet (300') of the perimeter boundary of the subject property. P.D. 07/97 , i a ePP�' `�7 ,,r + ;. w; /' o" BY 1250 OCEANSIDE PARTNERS 7 8 — 6 8 3 1 A L I ' I DRIVE # K 1 5 , K A I L U A — K O N A , HI . 9 6 7 4 0 P : 808 - 324 - 1500 F : 808 - 324 - 1800 LETTER OF TRANSMITTAL To: Sidney Fuke 100 Pauahi Street Suite 245 Hilo, HI 96720 From: Barbara E. Nevi e? Contract/Membership Administrator Date: April 16, 2010 Re: Application for Variance . Mr. Fuke: Enclosed herewith please find the Application for Variance from Subdivision Code executed by Jo-Ann Hamilton. Jo-Ann is the President of Red Hill 1250, Inc., a Washington corporation, which is the General Partner of 1250 Oceanside Partners, a Hawaii limited partnership. Thank you. Zvi VARIANCE APPLICATION 1250 OCEANSIDE PARTNERS NORTH AND SOUTH KONA, HAWAII TMK: 7-9-012: 004, 006, 011, 029 and 034; TMK: 8-1-004: 003, 064, 065, 068 and 070; TMK: 8-1-032: 054; TMK: 8-1-033: 013 through 017; andTMK: 8-1-026: 057 and 8-1-032: 054 I. BACKGROUND A. General Background The applicant is the developer of an agricultural/residential (hereinafter referred to as "RA') subdivision called Hokulia located in central Kona, bordering the districts of North and South Kona. The subject project, spanning over 1,552 acres, will consist of, upon full build out, a maximum of 665 RA lots, a golf course, and related amenities. All of the existing and proposed RA lots will be consistent with the project's Agricultural (A-la) zoning. Currently, there are an 18-hole golf course, a pavilion/clubhouse, an ocean park, and 359 approved RA lots. The RA lots are being developed in three (3) phases. To date, two (2) phases have been completed and granted final subdivision approval. Phase I consisted of 259 lots, while Phase II had 100 lots. Phase Ill consists of three (3) sub-phases. Phase Ill — North and South has been granted tentative subdivision approval, while Phase Ill — East is still pending with the Planning Department. The applicant intends to utilize an existing and proposed private 20- foot roadway within 50 and 60-foot wide rights-of-way. The Subdivision Code requires the construction of a minimum County agricultural standard roadway to service the proposed lots. The agricultural standard calls for a minimum 20-foot wide pavement within a minimum right-of-way of 50 feet. According to the Department of Public Works' County agricultural road standards, however, the balance of the right-of-way (shoulders and swales) need to be graded and paved. It is from the improvements to the balance of the right-of-way requirement that the applicant is seeking relief from. B. Project Location The subject project is located in central Kona, straddling the districts of North and South Kona. More specifically, it is located on the makai 1 side of the Mamalahoa Highway near the town of Kealakekua. One of its principal access is the extension of Haleki'i Street, while the other is from a County standard road constructed by the applicant and commonly referred to as the Hokulia By-Pass. (Figure 1) The RA component of this project is being developed in phases. As noted earlier, Phases I and II have been granted final subdivision approval. The roadways within these approved subdivisions have been assigned tax map key numbers. These road lots are identified by TMK: 8-1-026: 057 and 8-1-032: 054. The proposed roadways within Phase 3 are part of a subdivision that encompasses TMK: 7-9- 012: 004, 006, 011, 029 and 034; 8-1-004: 003, 064, 065, 068 and 070 and TMK: 8-1-032: 054; 8-1-033: 013 through 017. C. Status of Subdivisions As noted earlier, the master plan, as modified by the Settlement Agreement, calls for a maximum of 665 RA lots, an 18-hole golf course, clubhouse, ocean park, archaeological/cultural preserves, and other related amenities and facilities. The RA lots are being developed in phases. The different phases are noted on the overall subdivision plan found in Figure 2. As depicted on this plan, Phases 1 and 2 have been granted final subdivision approval and have been platted on the tax maps. Attached as Appendix A are the pertinent tax maps (9 sheets -TMK: 8-1-; 8-1-26; 8-1-27; 8-1-28; 8-1-29; 8-1-30; 8-1-32; 8-1-33; and 8-1-34) which depict these approved subdivided lots. Relative to Phase 3, there are three sub-phases identified as Phase 3 — North, Phase 3 —South, and Phase 3 — East. Tentative approval was granted on July 10, 2007 covering Phase 3 — North and South. Revised tentative approval for those subdivisions, with the same conditions, was approved on December 4, 2007. A copy of these approvals with the corresponding plat map is found in Appendix B. Although filed on or about January 2008, to date, tentative approval for Phase 3 — East has not been granted. A copy of the acknowledgement letter and proposed subdivision layout is found in Appendix C. II. NATURE AND PURPOSE OF REQUEST A. Project Objective 2 \ 1 ‘i :::::,( \ \t; i ss. .\ \\ 1 \\\\ ' { I 4. y, Am I I—, (1 \ 4 w k '? \ \t CIm tor I t. F- •�_ of o o z 2 'J �� N CO CO M c iii W W W W W o Q •Q Q Q ? F. _ v qx .: W a a a a a CO � tO ..�a� _E 1a W 1 ittl/f/1. f ;j 12I o a,_ �� a. U) i''' Y ��aa�a 44j5" <CLC1- 1114,Villri. likrall!i'll711 :41 I 177.: 12 Lu x K ® z f8®KS'A 3�� - I Wco ®� �atirlani � 46, I �: Cn Vii-; - �� �firJE►li '�V! r> 1275— _ a a ®� I z W V I •: y - j�am.s I r a CT_ W a ® I MAWifi4—-Arm 1 Witti / /' } / Y „Igkr„,t4.1 :8; 1..4 NA* ; gr, ":"____Imit-ifi, < D in Wetlik\ 'a ' 'IF a_ u) --- -41174111b/111 -)Art artione( - - AblEL114010 R 4 4 al 1 -\7\ ...' f=Pq >r,W7111011°Illik:s) '., I kililill.Allaillinermlilk:EVIrrAr..2 : ..---l'al ;:g-.7:: ili . " r,,,4111_ ,... +r r 111_ !®t 3 ® t1L. At 1 , .1 --i. kr.--'1'i '°'-'• dilyAlma..1 salksii-ryiiti - 1 illif!‘---<\R 40: 1 `--------T---,1 7/2./ ii I -14,- vialiltr*Ig- - ,,," i 1� `' i '-/ pcV ,! � � _� ,1/4>----4",- ._.. ito, I I: p ''• e„ .L.- r:, • irii& (\N. joilobvik, whatrialw,..7.„.. ,i > M �' 4.41111 II 7.41 a WF=- a . \ T- Qi i M Na = O W = W a. z co � cWnz As noted earlier, the applicant proposes to create a maximum of 665 RA lots as generally depicted in Figure 2. Some of the lots within Phases I and II have been sold, and it is the intent of the applicant to eventually have all RA lots within the project site sold over time. For project character and environmental reasons, the applicant wants to minimize excessive grading of the shoulders without compromising health, safety, and welfare concerns not only of existing and prospective lot owners but the public in general. As such and as discussed below, the applicant is requesting some measure of relief (variance) from the roadway right-of-way improvement requirements. B. Requested Variance As noted in Appendix B, tentative approval for Phase 3 —North and South was granted subject to meeting certain conditions. Relative to this tentative approval, the applicant is requesting relief relative to the road improvement requirements outlined in Condition 4f. Specifically, the relief is from improving the rights-of-way for all roads and cul-de- sacs (be they for serving 6 or less lots or serving 6 or more lots), as well as to Propose Road Lot R-1 (Halekii Street Extension). Although Phase 3 — East has not been granted tentative approval, it is suspected that the road improvements will be the same. Furthermore, the already approved subdivisions for Phases I and II may or may not have those requirements. Nevertheless, the intent of this variance is -- to cover all roads—whether previously approved or not-within the entire project. We believe that the relevant provisions of the Subdivision Code from which this relief is being sought are Section 23-86 (Requirements for dedicable streets) and Section 23-95 (Right-of-way improvement). The other roadway requirements such as Section 23-41 (Minimum right-of-way and pavement widths) and Section 23-50 (Grades and curves) will be complied with. All of these existing and planned roads are intended to be privately owned and maintained by the Homeowner's Association. This would also include the extension of Haleki'i Street, which although available for public use, is intended to be maintained by the Homeowner's Association. To reiterate, the minimum pavement and,right of width would be maintained. The only relief being sought is frorn making full improvements (grading and paving of the shoulders) of the right-of- 3 way or to that area between the edge of the roadway pavement and the balance of the road right-of-way. III. JUSTIFICATIONS FOR REQUEST In considering variances, the Subdivision Code outlines three (3) criteria that must be satisfied. These criteria and their relationship to the requested variances follow. A. Special and Unusual Circumstances There are special and unusual circumstances relating to the property that deprive the applicant of substantial property rights that would otherwise be available. One of the special and unusual circumstances in this instance is the topography of the subject property. The average slope of the subject property ranges from 10-15 percent, with some areas exceeding 20 percent. The topography of the property will thus result in a road that will have a grade that -while meeting County requirements -will be fairly steep. Under that basis, full pavement of the right-of-way will result in a 50- to 60-foot wide impervious surface, as opposed to only 20 to 22 feet for the road. Full pavement could thus potentially increase storm water runoff, impacting makai and adjoining properties. While drywells will be installed to address potential storm water runoff resulting from the impervious surface of the new roads, paving the entire right-of-way (i.e., from 20 or 22 feet to 50 or 60 feet) will increase the amount of impervious surface and necessitate the construction of more drywells. This will add considerable cost to the applicant. Then, too, this approach will also preclude the use of the shoulders and swales to act as natural storm drains and/or retardation of the velocity of any potential storm water. Additionally, reducing the graded and pavement width by 30 to 40 feet would result in less land disturbance and less visual impact resulting from the pavement and the excessive cut and fill slopes. While construction cost will be reduced, the relief will not compromise safety, as the pavement width will still be standard, and, if need be, the grassed shoulders can still enable one to pull off the travel way. . 4 Finally, this circumstance is made even more unusual, as the road will be kept under private ownership and not dedicated to the County. One of the intent of requiring full improvements within a right-of-way is to minimize the cost of its maintenance. Having the entire right-of- way paved minimizes erosion to the edge of road pavement as well as reduces the need to landscape and control unwanted weeds. While that may be understandable for a public road, all roads within the project will be PRIVATELY owned and maintained. Thus, the issues commonly associated with public or government maintenance are not present. All lot owners, as well as the new lot owners, will have a responsibility to maintain roads within the project. Thus, there will be no public burden. As such, it is reasoned that that there are special and unusual circumstances that justify the granting of this request. Specifically: a. there may be some measure of deprivation of private property rights, as the applicant would not be able to serve its users in a manner consistent with a private subdivision or development, where there would be no burden to the Department of Public Works; and b. it may interfere with the best use or development of the site, as other options to absorb the fiscal and design cost and compromises of making the right-of-way improvements would have to be made. B. Reasonable Alternatives C ',.' As in all situations, there are alternatives. The determining factor, however, is reasonableness. In this situation, constructing a private, f 1 agricultural standard road in accordance with the requirements of the Department of Public Works would add to the overall construction and possible maintenance cost of this project. There would not only have to be increased clearing and paving of the area outside of the road, but more drywells may have to be installed. Full pavement of the right-of-way would increase the potential for more surface runoff. This will then call for additional drainage system to be implemented. This will add unnecessarily to the cost of the project. The alternative is to not make the full improvements within the right- of-way. The road pavement width (20 to 22 feet) would still be consistent with the basic requirement, and, as such, public safety 5 should not be compromised. Additionally, what would appear to be an "urban" 50 to 60-foot wide roadway would be out of character in this rural/agricultural environment. Having the grassed swales would be visually more compatible and consistent with the area's character. C. Intent and Purpose The requested relief would still not be inherently violative of the spirit and intent of the subdivision code. The paved shoulder and swale requirement is intended largely for maintenance purposes. Having unimproved shoulders and swales would result in a gradual erosion of the edge of the 20 to 22-foot wide road pavement. This would be due, in part, to vehicles running off the edge of the pavement and parking within the road right-of-way. Additionally,full pavement of the swales and shoulders would help keep weeds in check. Like the potential road erosion problem, this would help minimize maintenance of the road. However, as the existing and proposed roads are intended to be private, its maintenance and associated liability will be the responsibility of the homeowners association, who will eventually end up owning and maintaining all of the roads. Thus, the County's concern of maintenance - resulting in the full right-of-way pavement requirement- is absent for private roads. It should also be noted that this variance would not compromise any safety concern. There will still be a 20-22 foot wide paved road, which will be sufficient to allow for emergency vehicles to access the entire project area. The approval of this variance should therefore not be inherently violative of the spirit and intent of the Subdivision Code. Finally, there would not be any noticeable impact to the public welfare. The applicant would perform all improvements, and the road would be privately owned and maintained. 6 APPENDIX A TAX MAP KEY MAPS I cz a p _o m ' zz o w • N c \ i). 1\\\• 4 `a H ) 4 3 . , \ \ \ ':, : p o M s 1 t \ .. • p \ ; G o 0ar€\ .1 x. r u m o a a \ O O z .'- ''\ a � �� a I a c. o Z N cc a. "L::' ' N:\-----1A-\-1, , , - \ , I . "\ , �------\0ei \-----: ti E f 6 • a W u o \ e\ 1 ) a p R 0 P , ci\ \ ' `� A -LI E \lc O \ O X N t •\' \ A 1 \ a j Z, a ; • t tz\A 4 , C;41 as 4 1 � } \ t\'' \t.� 0 �� O j N a \ e� Z O o O 21 2 ' '�., Mlo w4) 4 , \ O �S `; o ' 4 } t 4 `�\%\ .y a i'O 6 t ? • w / \\I 1 s tI. t o °, 4 ,\ o x I ,S ��i) 9 \ x� ',�` ��Stitl \ 471 ti \ '. r'. \ 1\1 111 0 % 0 , 1 11., , _: 1 , - \‘ ,1, I ., 1 \ ....,_c_____Iar 11/A -,4 t 07 1_,,-;; 0<,, t b` ,v19a, ,,,,,/ '--„ '. .���KI %Ø _ ms~ "I . .:,. ,___ _,•# -I ac. gip .i 4F -- ‘.,.., \___ __ .._ • ,...,, C jk.,,,,,, _k___ .\,,-,_, 6, ., , . � � � i, k ,: . -_,. , )14tir lIF t' ti S y � O 4 --y:ai-us,,,s':-f vRroc ._......__...._ r.., a r+ ra-a" .. ____. v.n< •vy=ne���ee �"...va°°i a .-qe-'3irr a ��ea o}z or a PLA? OA ::0,1,_ LL� : = N h r it %\ N co K ,... \ CY, .... ml ----� 1 3� t t;^,11v-) , f.iayr,J' i ' `I_, • _` JI_JI .` \ E€ - [Wa ,, 6 L�' ; �� lP\ O c L r ;j�F � . 11 /r 1 O +.._ 0 c'S� Q th t . - „ O' ,-\------..: /\ '� 1'P Zi O ii-el i i- i. O}I,r_„, .))1.4 I F___'.' .m, u>R 11� nl a� / suu ".7 "81, 4om E'l of:EE N ii ' : .�I: :. yO N 6 i sf 2 e4® m„ x�0 a 5111 p_ I f W� _ 1 1 F,13 w a o t r I _ III �I t z - 1 /� a . -� ,nl ,,, 1.311',; n t N I1 t / "I X111 bT m N 1 / • �`s1 O 'J' w q �� // w O• q,- J h i 3 i r'1, i - N _ ' ,.. 0 a $ �I .A $1 /'9 11' M Q' a ai .Q '^� �Jk `' a _/ 11 - y CS - l I.1 t4- a ce i(' rim ? h-/xT It,li 10 i • n / - 61 tk1 ' 1 Y ' • '•-• L I : _ i S 1 I I .'t1 .,,. d"6 _ ` i i "" I: ! �4wr.NY e ^ ' 'I^t i 1 „, t ,m, "" s� n 9 N i t I 5,11 11 0��'I \O s 7; :,1�4''� O Li -- w yOR T,:d.o._, �1- 0 'i L u i @ W m I .y Y i a N i 1 O ' of �i ` i I}I YI iO' /// ?-4 4 iia i a 4 .{�1,`r ",I I ii® w ' iS OI i ri0 1 = - I�I i _ _41/ I 3 :,I I -.O V NII 1 _ „I� _ 1 �^ if -I u �,F. 2 11/ [ `1., 1/ ni © �4 Hpy '1 ` MI ll� -I 70,,,,5.07- „, . nI, iql 4 �T. Zt ii__,, „ N-�0 O ..� ivl n 11 , Inl oa/=7 - 1,s �4 nl I " �a.,{ b / O 4O r l`I�1 O I-L_ _ mi._1'II ' - 'j: 0 R, 2 _____ ____;II 14 a e ee I NI 5 0 Ci = 11 1 �' 11' ,.../.7.,,,-__,,z..,:411 tv 'M Nl!'..1__ w NI 'pp H y�j 1. I r ,-- .Qom'%-'__ NI 1 i 1111 II 4p' -y O - ---,- ,0 ,-- _ li, U x g rj o 1'ai ��I \a , nl + 1r' I ;% `v ii et " 'Y ' O 4q "`b'- 't tYO 1V7dti tY,i / I i II ------- ---- - 4 p. S9Z2 'dY 3JII D5 SNfMI AO OOOZ'91 H.,,,,,,,, 31Y0 'ON MO\\K�\ Noq > s N 6 <_ N 0 1-1 ^® navry :4.I.<'0 r44,-0 o — N O 0 I O a4;w ,'.F I . o"� 4_ 8 W I *p N CO Z lQa i 0 1 ":p I « -..1 O , . • /r t apq".y/.< .9m ,;c® O w < /44., S,21 .,o r• a pD I ../�,,eb,, O Inn W -•X' yS,,,) ✓' •. h• 1 p 111 `\r\ N a. re v',r _ /6 `,` rF'`4 I` y ®� co �p• 1,, , _ I a `SII_ 3r ^� mpg w b 0 1 p ,„ Np rr' ^p, 1 ns1 N rw r O %'__',\O�- N u 1. SYN 11 lO I �i O 6. 0 �_ B I I oe I --. I N l 11 I ' ' • '41,1 p I i Al 5 1` v 1 i / r l I ""1 m 1. �. •'` ", I1 / — OaH .,ter ° 1,, O "r IO Y I ... Np 111 7.'1, ,o° °Q ;1if` O / 1 I "'pr 1 i F Yr / m / w 0 , '1// •1: 1j1 ti /",' 9 \` ^`,1 '-Kip 1 . / a ' /rO I hit,i nn A. •„ semi e- 11 / ® I• ;1 I rip 1 ``® ` a ` f ^ �h 81 3 4 Si 1®'< I O- "rLr. .I I 1. Ja 111 �� i �')'.1. i .,r� .� I 4k 4 L.. "� [ ^I O +I 111 NNIS'' i ♦ x I IK I 4I i,, M i ` V ro �' / '1 jO r< / H L� S ® 1 91. ,9 'r ami y w nr-- I. ' I `1 y l`�,i.' `n %y W ----7---' __ �, �. ,,Irrn�� �J HpiQ �7 Y a . / ;vauf • OI ' I =': ,. -211 / 8 :i `moi' r g 0 ry rr sssV! / i r 4'r(I C -:''/;/,' /��_ :� i cp s'f ek'� ti I �0%',:',,,; ,^`^ /� on vp L Ila :',1 y 1�d` - �__ al /Pi Y --Mr ',T 335500 Watt Aa Door br warn am ? 'qy OKI N � • o € <<� g Ai' ) [rte, 1 \ gEzg,<o W - Inn , *o. IQ-h N it 0 CT" I ;O 0' as po iNi l ii 6 z O y 0. 1 i O /— / a O v I ��' 787 /Or'' i' , GR• if zQ M. . / f ifi--- ei- 2 %< 9LEv U N1 _ �. n/ v n '' -__= O 1 I\\ n,[ v sa ru, stn �/ .Orr 7O . 6C H t 111 n,' 11a.e w 4 1\ I e 1� 's 'e w �, y O /I :.-..-';`-`2c.,-;... o.`���ei *"'''-'Z'-‘':--;.;7.1'1. rtb's) v Y9YI a ' I_1 I . J •O ..K .4_, i / gd o \^P`~ ` <�ejv' O c 7 N nl leeer S r 7 ``` r4 'r. ' ,1 N 0 11.11 I \ nil. w g„ \ ;a O o OlO w l ' •_O ZI I' `1 `` ‘•‘• n� ®Vl)i N O e if \ i y ii' `N. ; t ,.i q7 ,OJ t 1 s,„‘„ _ O MI •')� O : / O .>' ° I 6 g et ' yr" .0 h- /MI - I' O\_```.©/ - CJ"' ._' 111 ,,iiO; "/ fs rr+re yMj1R 4 / .. ,� V 11 ' / / i(i (l' w ` V O r-V , , s aF / \� 9O ► �1 yA�rl I O q� / 3 �/ // \ ` A III 'O / / O p 1 vAr , NR O"4 --)'"'��4f.'F0. �'' `�� As , o �• r ' of / ; OR r' j,) j®\)ar f;� N�/� r' ,, ; I �4 I �' yam}' Cy \t t \ � 4 I' '/ ry 5. O wt4 O tIr' }` / .1 I 1 / 1 , n t 1 0-- c 4.. / 1 C 1 I I I1 r S / (j • \ O W I 2 Li %' 11 \t\I it 4 `1T Y 1` S pp 'I -., V z% tp7a 11` ,el '``a, 41 ,, 4 H,,,`4i;q 1 it y Y O 1 s➢ZZ ',iv 33tl00/ sn/nx A8 000t'0!low, 31111 'ON'JHA srn :POI 52 ` 3p6k0CJ T— a 0009= R ,' - [0 /07d »m . 90 i naF .� l a � sn` <® 3y or m "n/ O ®• uO m ®nma=O NN < - ,! NA a y EE41- z n nN 0 V a® 8 1 § aEzn CJ _ VA ® ® n+ hA (2.7..a1 a ml :a e g LI 112'tr ae;3o NIk/ ""'—) u°t O , ®a 1a F--- Wd'A g sx a e ® i _1 "J;® �' -, a. -fes` 'nY !r � m w:` .ss' .+d sy '-'1.4.,,---5%-- g -o 48 ".gin; o ANN_ a r^ �� �'`n , O o O— N t._„-- o/� \J .0:-.. MN o y@� \\\+� a tai k ,R c� q o Y © al aA; 'R O k .• IIO NA o y 'a V e 13 ' /' -. l' ya _ _ i- iO AI 1y� - 411 Ns�f O 11 • ' 3 -___e7ii O - NA O q dF 1 ©` n a 0- $ -1' na. F _ MIS 5 1 o 4 .b fF _.., nA < NA M 1- i iO A.C) S O c a z 3 Ai £ js 3 _ ` n o k S WO 4Op : .,, 4 \ Mg qq011 _ t�^ 13 .. .19' :Ai WD 911 I. 3 ' h $.*-11 : L i wYi - 1 .,1mN „-ur-- ,....A 2 3 8 �, 10-- -'---- - o'€ t • ;e 9191 :a 2 o,n At 4 O .,. 3 _ `v a NI _ \O ^ a �N O 1X0 NA I 4 /.. c ' Y N taw >Q x /y ' �O _N _ ma^ O ®p -I 17'/ R YRfr901 N 90 8Z 1VJd - 4 \Z -1.'" N Ar r+ 1r Pail V. 3?If0 0/10 0 0111 10 108171 3100 'qy 900 .e \q 3/ g$; tl3o `axz== 3 c wog $ 'x S g 0 . ElZ n c h 0. H6 �_ R. LI-21 ' /_ ' CO 16'74 e e�r az e®•"`' awl ; E^��c //©4, -)---,,,,,-�'...„:, I dilly S r- I l 6 / Ii' ` !®o. �'dr ars- i o 0 1 , - w s n ' I n.x /lI l mal I/ m aj o :3 Oh ' ,.1 I cn +r It\� 4 'ii4 F!,,,..„ •< = ��0 TjII il�i / �e � ---- 0 S II it),` e,---_` ^1 �F a °�, 7 °i,r` 4` - ; --- 'a �=.: 'S 1 f i — a , ce ® CNN4 I /s /*. i f 11 , ll+tay8 - e t\ , ,, Ali :I O I WII ® el c! \p } Nd 4 L t i 1' Y -, I- 1 ,I 3 N_ y 9 0 = ( <, 'I O �'I 1 ^ a : I I 4 _ F 4 P NI R ~1 0 ' •~ I. I o Is i e I S - I '^I i o S• li 191 V. 14 O it 1O_-- _ -.0--_ i -_ -. Z—^ ®� _ '1 opo " a . 0911 P Y '„='_ NI •H0 ry X11 3 I - , - r NIi-O _ _ - �li I _.�__ 1 I MI = 'I -sy_-___ "-- 1 CYT r. �/�/• O ` 1- 4 0- -glij ., i e- ' 4 I ® OiI 1 r 'CI r'311- 1 O i i ® r n l � < 1 n n�1 . % v 4 f f' % t o NI _ c © 1 O �Q , "v,-, 4,, MI / 1 a� r I y h / ` /, 9d 1l M �_�_ �4T ^'/!/O r' MI\ ,9 4i>``` \`... 12,1 7 4;' N/17'. ' f 11 J,a, °I-- ..?„\. I_- `%```• 4' X / Ne I,I „_ ----__ '~/� - 41 qA 'et ` 04 a 1 -11'7d PLAT 2 1^ e Y O FOM VII 30NOI0S SHAY 0 OWL'2 NJYI,, MVO 'ON DM S: ^OF = 3JM " —. L° ,17 r. \ \ .6g�o�oo $ ° 4 01 ate n- "': ,yam, d :i E8.4 z o ! g La UW !r 8� 1 H DO NZ Fe- P., a 1 Ok sw .nom tA ,$ 1y, ,,� _ a):E1' S ,-,,9O 1 __ 'I a wO aQF &. i� _ n\ m oll , J ° ng �a 46„ O a mPtl 3 O `by'f2Cl \-O % wOy LY tl . 4. ''' a,'c` iaT 0 ` r -4 Nr a . , ‘' x AF "s W I. ,rrp f qFY *I N y .1 ,0�u tl O �n 4 g m' 90 jryv � � r..„ F , NY sa ,..: er •NO -124 o y . V n ‘a40 nll o.j'. n , l 3 ' ''?-,'.1.,--.1A1---, N ,/Ox.x , .r r.,..,,,:::-,...,t% si_ F. I xiAr„a, ',0"1 „'' O. - tl --o� °1O ”, a Ld Al xim nl r 4 AF g :4 a 4 0 ,' s NYS g • 0 "�' „w, S4 x 414 n no, Ali .,e+ u 0 O °' ti z ?Cr) §. i /4 0 k - d `a? `° S •="1 4 O' , "n \ nr 2 .. rOOiuiO , , O i < , • `yA � 'l O u 4 \ 21, I 1%4 I r I@ , , 00 O aa, "�Y ,.., 34 rsA I h n' ny a4 ` all ����),�\ H� .�r.ar rn i'YY, s 1` it O for Nov g, ..,. /A Ok /1-``_m R' ¢, O wu, tri r. \. 1n / $ S c 1 •.a Q� h n _ \A4� e 4 C4 / P3 LJ =z LLS-Lo-ens.051-so-9.P Loft'0607 'd'! 330no5 Wm AG on,'rr 3Nnr 31Y0 'OH OMS s N) .. r() 10, ex a o c$u $ It vq s� 6eFivwi u oo _ ` .,,J i2 ^i N 4 d i � 1� yj EE I n; tts 01. iE:^ 1'0 turd ;EoTOe cEasa a U o \`s� f < ' ave i''/n.l� _ U ` \ ti���/'.� ,,;,,,,z,ro O 'd a}-A°' 9 ��/; ' ti N �' 4 / i r "v0 �� VI sO _ gyp �! :.��'e. �Y V' "yl '°' s "rl' o A' r �\ i. a,,e'fy',/ tel' _ 1€/<,,--_-\ 6 \, t ` i I e .p ,�H6�,•:,. w 'k--:)b (l 'Iff € t O 111 1 colUl W O ? 00 N ti i p r 0 ,7I '" t34 -.4 t. w *^ Np s CDa kir ., a_ 01 E n n) .., ii F O j M yEE� 111 �, °n ^ 111 Q—m -- '7,:.--gip— g= I M ' 'O aal 5 ::-.13 i!-g, 0 1 0 \ 4 7 2.< h 4 0a °I o§ 0 t �p^ 3 ? 3y I 2 4 11 .. & p0. O I '!2p° B < v s f • 1 1 < +p w 0 h 1 7 1 a, N 1 y h I 1:4o , W 0 a �_ a I .I Y °z' N r `, °z a. n Si a Y ;2 _w� ¢� Ww z� �p i \ i NW ' .,-,, Y :i?O zz t6�-90-0/If'Loft'd'i Yott'd'i 308005 SH/na AB IOOt CS_NOf 31Y0 '00 O50 n �ry M<s ! n zror�yr 4 gt6r ¢ N 7, �` Ns W e4 NW 6.62 A In d Q& 4,1 o ... 1, E oic eE w O #s:E e O 'E' z oGc, CJ n<.L O .YF nau :♦ �� .. 1- , N'.ti 1� \ W ,.. :lova„ea„\� m 1 N / 7 e 1b, NBd�.` ar / H YF ,.�' \\ „ID 4 . Off' w S ° ,. : » Aill® 6L • \ }5 mr' , 41N t ----k, 6�r.,_C. �� I i ca • k-\ a I a _ o I ,°�r� .1r9` 1� OF A / V' O V LP(-(y// I, '41 Oca „w .: ,t,"U ~� -- -O f sol......../0`; O e\ 1 / 11 / I \ `. k O ^ /I �. i a N� W u \` '' I mid `� / Ge` a ti) II,v n I e O 3 t. O O ti.. S V.-. yh i r $ / _ _» / j/ i e { N / N / \ \ `,r-- I \ $i 1.......ir_-J N; k0 / 1Yld 1*--` \ Vz C 1 Wm hN 44 YY xx 0 .145-10-.5'par-90-ens'LOSS'd'i'5666V5 66 5 3301105 SN/!Ia AB 100t'6Z 5504' 31Y0 '011 050 t t APPENDIX B PHASE 3 - NORTH AND SOUTH TENTATIVE APPROVAL LETTERS AND MAPS Harry Kim •:,(�ti._..� /' Christopher J.Yuen Mayor \ Director • ;' --- Brad Kurakawa,ASLA LEED®AP Deputy Director CItrxxxttg �f p�thtrrxtt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720-4224 (808)-961-8288 • FAX(808)961-8742 December 4, 2007 Sidney M. Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: REVISED PRELIMINARY PLAT MAP(Sheet 2 of 3) SUBDIVIDER: 1250 Oceanside Partners "Hokuli;a Phase 3 North Subdivision" Proposed Consolidation of Lot 6 of Hokuli'a(Amended) (File Plan 2290), Lot C, Part 2 of Hokuli`a Phase 2 Large Lot Subdivision (Amended) (File Plan 2306), Lots A-1,A-2 and Parcel 10(Mamalahoa Bypass Road)of Subdivision No, 7287-Revised (3), And TMK: 7-9-012:006&011, And its Subdivision into Lots 1 to 135, Inclusive, and Road Lots R-1 to R-21, Inclusive, And Parcel 10-A and Designation of Preservation Sites and Easements, Honuaino 3rd&4th, Hokukano 1St&2nd, &Kanaueue 1st&2nd, North Kona, Island of Hawaii, Hawaii, TMK: 7-9-012:004, 006, 011, 029&Portion 034; and 8-1-004:064&065 (SUB 07-000566) This is to acknowledge receipt of ten (10)copies of the revised preliminary plat map(Sheet 2 of 3)dated November 19, 2007,for"Hokuli'a Phase 3 North Subdivision" in compliance with Condition L(5) of Ordinance No, 96-8. Please be advised that the condition of our Tentative Approval letter of July 10, 2007, remain applicable for Final Subdivision Approval inasmuch as the revised preliminary plat map (Sheet 2 of 3)coincides with the pending construction plans. By a copy of this letter, we are forwarding a copy of the revised preliminary plat map to the listed officers for their review and files, Hawai'i County is an Equal Opportunity Provider and Employer. Sidney M. Fuke Planning Consultant Page 3 December 4, 2007 Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincere! , CHRISTOPHER J. N Planning Director ETC:Inm P:1wp6USUBDI\ADocumen1 Subc2007-41SUB-07-00056612500ceansideHoku iaPh3NdhREVPPM.doc Enc.: Revised PPM (Sheet 2 of 3; 11-19-07) xc: Manager, DWS w/Revised PPM(Sheet 2 of 3) Director, DPW w/Revised PPM (Sheet 2 of 3) District Environmental Health Program Chief, DOH w/Revised PPM (Sheet 2 of 3) District Engineer, DOT w/Revised PPM (Sheet 2 of 3) Director, DEM w/Revised PPM (Sheet 2 of 3) DPW-ENG-KONA w/Revised PPM (Sheet 2 of 3) DLNR-Historic Preservation Division (Oahu)w/Revised PPM (Sheet 2 of 3) Bob Stuit, 1250 Oceanside Partners Robert W.Cunningham, LPLS, Belt Collins Hawaii, Ltd. , JI II 1)111/1101 lI \\ \ ''.:*\. k,x'',N,p)1(//1 \ riii,,/if( coli` r'' l` �1 % is, r 3fit IP J , i i '/// ( ', � 1 f t f.71, �j,,� ` �J : r�Ji r l�i�`� 1 �\ ( /2// )(oI 1 ( (//,ii tJ`i,, '' < 6f � ; ! { ( ` JIL • , . 4 ,4 � �// J,„ r /W\N-1 ( t fr � ` ; � ' i � ` , � / (t !i ( I le, si� r/ i%t, ,Li � ' •i \ / t\.... ,',-.N1 vI A 1v 1`1�` i rti \ J} I)` i,;` 3 ( / < ; ;�J f���, A.,ts W.� i1 �i'�� 17blu � r( 1v 4�/ ( 41 },1 "= �1 ; r% # a ani '1\� �• )\\\N\ ;\ i. \ j� / )) f !/ ii, -t1 *�. '0 5`4'1 �i', \ 1 J)i� \ \\ \'N \ , \I \''t>6":///7 in k ' i .I. 4. \,\'' < 11-,‘ %\\• ,\ \\\\\\\\\ Subdivider Authorized-to Prepare Detailed Drawings On Plat As Submitted Including Corrections Noted. Recordation With The Bureau of Conveyances, State of Hawaii, Not Authorized Until Approved For Record At A Later Date. �2Q�/ DATED: DETENTATIVE�PU ZU I OWNER: - II, cu4,414 1250 Oceanside .Partners 78-6831 Alii Drive LICENSED c..1., Suite K15 O PROFESSIONAL Kailua-Kona, Hawaii 96740 cc LAND SURVEYOR g * No. 4188 tiq�A I I, \'•,y Prepared By• This work was prepared by BELT COLLINS HAWAII, LTD. me or . under my supervision • B 2153 North King Street Suite 200 .6= ,? f \ Honolulu, Hawaii 96819 November 19. 2007 ' q PT P fr 1 36° x 42° . . . . . . . • • • A. I.: •!';i• • armutu of 3Limaiii „oily 10 4,1)07 • • Robe.4 c::unnirifitiffd. L'L'S Seit COilifiti Hawaii,(.k!. 216,3 North King Street, Suite 200 Jorioltilu, 96819.4,i-154 • Otial Mr. GtifIrlifighaTII: "IENTAIIVE APPROVAL. SUBDIVIDER: 1250 Oceaneide Partnere "ifokoli'ii Phase 3 North Subdivision" Propol3ed Consolidation of Lot I of Hokuli'a (Amended). File Plan 2290, ,Lot(;; Pel..1.2 of Hokuli'a Phase 2 Large Lot ':.:;i1hdivision (Arnfwided) Hi -lan 2306, I ots A. 2 and Paff,:el 'IO of Subdivision No. 7287•Ravised (3), Ond I MK!7-9-012'006&01 I, And subdivision into l..ots .1 to 134, InGlusive, and Road Lois R-1 to R-21, Inc UiV1•. • PatOill .104.and Designation of Easerritints and Prevation Sit' , lfrnuino 3"3 Hokuli:ario 141&krd, &Kan aileu I3(8 2co, t&jlh Kona, ki.„.,t!ij iwPi, tiawai .ex Rollo!)ti.M; 07"0005.661 "Or.;.h.lili 3EAltb z7; 11;i:liv5.q;)$3" pfovned Con3olid...ilior!of Lots & 1:3 of!•1,A0,i.a ?2'?/), Lots 2t ihiough 30 and H-4, Part A Ptiase 2(Amended),File 2307 and Lot EJ, Part 1 of itoki.ili`a Phau8 2 Lage Lot Subdivision(Amended) Filo Ran 2306, And its Subdivision into Lots 1 to 85, Inclusive, and Road 1..i.4ts R-'1 to H.-14, Inolusive. And Desiiination of ESa6ernw it•!•3 and PreserNation Hokokanot tnrou;h ()nod' I , South Kona, IslAnd of Haw.ei, Hawaii tE'orc;.;_of 01)3 ".??.97Q: ks.•:•17.032:eq..P5,1: & 8 1-033:013 thru 0'1 Uti4013 Ap)ron: &3)da4.;:fl :i.)07.tot. botil I'p.A114'3 pha3e.3 Noi it; aig.; I r:or,diliori8. • • • • . . ,•• • . . . . . c..:•:finiP:1:•1.11*!), Jul/ • fib.) is now withorized to proparc'i detailed drawings ot the;5W:division plan ini(unce with I.;I vipl.th. SubdivisiOn Conto-,11 1;ounty of Hawaii, ar,, modified. Before final approval ci.0 Jo11, foliowin9 nit151 met ) Water Dirn VIMi•er 101 thr:prO.C>(.*If i:1;!.11'1.1iVi3i00 I :;/b0,.:t.to the WeDSite oevelopm,sql: boi.wean the"Greenwellsu, .1250 Quansich, Partners, and the V'ssi)ki 80ard of c;ounty ut Itivmeill A water commitment for thi,.; proposad subdivijon will ho effE.,cied upon suce&-Jkilly completing the driHirig of an explof atory wc1 capahle of preAticiri9 a 611114:tent quantity ard quality 4 potable water and bonding of ih production well and off-slie improvements. fr) C,onstruct necessary'wal&rsySten)improver-nal-Its, which shall include, but be im3 to: 1) writer mains.capable of delivering water at Ider.prate prsnsure anti volume under px,11,,flo,.N and fire-flow)-:ondition)3. The rainimum diameters Of mains-Thal be ti inc,ne3; serviee laterals that will accommodate vpropriately-sii!ed meters to each Id; 3) subject to other Agencies' requirements to construct improvements within the road rights-of-way fronting the property affected by the proposed development, the subdivider. shall be responsible for the relocAion and adtustroerl of the Department's affectt)d),vatT system faoili(ies,should they be necessary; and 4) tire hydrants soaced no!noho Ih 600 feet. ain't, ..)11 dea4 end streets. IIIIPA tire hydr:int shall be located at one l•ri:if the distance from the 133}i01.1.q1, or unit fiOntinp firooFfiy line,LA to the driwIway Lc eccess fo( the property. Sut,ornit conritniction plart.::.,and dastgn nalfAilutionS pr8part.-Ki OV a professional ertcjineer, . ref4istered ir)the Ste or Ham.li`i, for review and appro,,,iii, 1.1) p;iyffiant of;he (loge, plifSltani to the"Weil OliNploprnmit it\:.-pement" 1tliveon tile;1R-,,anwet11:::', I'2 )(h. ribide Partner , and 1:1-! !Writer Board of thy(•; linll cf 6) Saadi iiie anpropriaie doriuments, prtiper!v flieyziref:1 and convey aft I Ifilpiro:;-if fp111.!•.'• •Ind pec.esary easz,J1nf,tili,..5 to ;:i1c.:likin;er Cloarri of tlit•;. Caymty pj•kr the issitanr.:e cf final:lubdivision approva surveyor shall Die metes anti demnption within th)-.. (.14-1..uments. However, piior to Lhe%Nate; inetof servif::es herog grantol toI.he ailc conveyance documents !Alai(be acct3pted Irv/thr: We. 2) Drainage • a) Identity FIRM i:roe. .?ones Ak, kiE, and is:.;o3(1:,..,:t I-;0,.inda14.-: and ateas on the final pier map. b) Determine the yciar) Z.c.ro A aifid other areds 5.itib3ct to int Iodation withIn ..;trbdivision. Submit a ilooi prepaied by a licensed bivit engineer, to the Department of P)Iblir.)1./Vork for review nci comment in(;011111110tiOrl With the reit!rirthi mu lcii;tuueccr,sti,' t10:11 Inletiily the Rood P.Rtc: Map(FIRM) Hood !):-;;Jilill 'r ; and 6.1,4) i:II tit jliinap, "aye,emkRoiiiiit;N tit .,:-.1iis-901o!...! pi.7,::,c,(Jrrvi;9:0pift.6 501 ;n' , it ir.!--;;,;"; 091;1 .R .z3f1 ttPt.t jeer !.Void 1.:),90ciliki .6fM !mien 1),14"ielr.:;MHO 01 but9-00.1,Kr. GPK.109:07.. utnuic,u!kn oniqpENp tlf)u ap!,,A ioo.).9) wiRord;tu P pill)SUCP 31(4(9) is bu o; pFol (7, • Put.? slielaaEtilviN.z.!/4-11.1 11WA 15111untlim ciRm-4nitifip apve, 000gwnuliuitu e utqw,‘ 'F3ElitiMS pLJi Sifortoils po.ii?d gip:Itwutotwgi ufnimuoo Tv.it(9) .(4s fp,10 c.'w tiolAt ; Di S!Aq ty.:;f1 i;:Vi&ilf) 91)00 U.OPIMPOP:-..; •"!tii), „:Nip : n0"1,prquon!.)!p9M.1.1)130017! tyiri),^4pqns‘pof;ildaid (.1 sePil-A8 F:01.tepuitm leo.ly,::; tiurincui 90! tiP9 r!43' N11)611.1„SSPCOLI tY.111.PA rjriAt.•10(401 €41.00.1d onorKtio! pro.'t Am-04p aroold (4poo ucTompqns r4u 91-1.:2;tiorgs immt.AKI:1io3 Hells SIRE-1g pp;FnefirlipOe SDK;-opinD fly (0 .13110f)Ati110-:.) jo NV:uoll'A'S uitopoo f3',Tvioleevi(.41qpivooe 61.1;prou!rpo.Aetrutilson Aempp,o8 (q 'Rio) eel) Opp-0421)1s pasodoid trioq;rues oi KA-Kor, pr:-/upty.Q0 e ;t Equriumr_iez,) ow.!ubrisaprf,le!:qpies detud Rini 4141 uo seotitiPinup Aq sluotuesvE3 1,)5=31011 rip!s-:q.4pIsfiLIKtql oil:11)o 5.:Z1101,1.1 .4!i UCt11.1tUO)papylf).1,1 SitIrALUMOICIttit kfhpc!od pue 3•39'..ny ij luelktuio!..)put?MaIARIJOJ luenief5eum pquetuu.aouil luetotturiao plat slium ooqnd Jo luetupedea GI4 O peptuiqns eq o 6u!meip upoorulatou tio! !tlpqns uo epucodthSP 'OMOki3 i)q limp [0.13frupqns pasodcud EL.:tp tioddmio fues&l:rfeu quau4.".!Etb4j i.uelsAs 5EM •eilg loalwd etp uf_tymeiqi.-: gild p../.41.u)eatl poPoisly rig uo!slApqm posodoid pole...mug; 'Elemf.13N,, (I-, Art,k‘Eiloiw ".1,4NAff.igilS 010 0)polled (' n) 10,111..m tioir.,)eru)puliolivepun U JOgpuenv:1 getekkip(Hod tpleeH jopmwecioa (semiC4,1364.11.11.0.104 *gAV/A1Mollo C*11.100.0 091u0 quo pefUeLpslp E=t) 1c1u qtz pue 110p;!Apl1IFS eq.) unmm pewris)p eq!Inv loottiorthep 0.1;jt-tr,;J(Jon) leumppv puOt1€14.11 .1::•se.9101 O Jopd luau:moift pue pug e reftwdde pug °to it 10 PAM& ptiu iitif.F.1Alpt4t1f; LIOMP0f.., (diA10-0 dpiq • vvfiliqo1.0.1pnIskm.y) ,v11:;lifittiry)uryJn Jo (6110- ) ilord!Aeki diV1 letic41!PucQ Vral il!k1(10 PETAW0 Jur! .suopeAer..4 pool! purt cAtplipurioq rieu jEgle FA pot,.i.)ix)z.pooll (Wel)5,1,01.445V )1.011106PLIeR diXtebiet.L9 01.01)14p r115 tiOpAIVIPS VISO:JOY)Efl10 SW:110d (Ei ON?tift::ip A:g(4;,11(r0;5 pup i41.4 ; T inpiue t.y:oll Si? pErlet;OIS:1:p PL11JrOIrrAN vtiC• MI? i:!F/FiDd ; It./11100 palm - • . . . . . • • f,:uoropurx...8•' (NI rill j..fl pepiti...!'j et; pt:tv.-:: .10.1 to;ic,ido::. pig oN • IU noR Ajpoil pue Rulqiiold e&lost.....,1 .me-Apir....peg 3,41 0.f-A Aiiriuto Jopeqa bil1Jut18;Au - • .suiemoid(441 41: !.!....grtfossi •uosol•ports peso-kid uo sepo44r.., 1.110.4 risep put? Apieipeuitui eci marlqt411:3.-4ep c 3cI3AP ‘9.tociave.w.pUI Joj peomocoeipapiprtuu -!.7) goiva 'fAIC.11!11110:) b zi114 JO ICP.:1WiliAtij borrip iI1 Ayr-IP iietil)tI)JOess;ici • ..iPpopqnR Issivbru Mew!) twin lope.to etp peluPt., q/cow JIA (?) itetp f.0W)0u JO 1.101RIKINT •(11.1Z7 fOr q 10 i10 patickip 7/it'0.j p!I!,9 Eu4 I.UIjM1•3061Li }CO *11) leAcgirkle .10j.RUMpt,K.0 r:ttr"litdg SitiKURIOIN3i ;,1€.4(tuity)Hew 11.1.11r1 Paill 0.1 .a.a.mkpos cre:)/4./pEoedeud lig 49114XSP„Wl.r., 17 se poup.liquf,-3 •Cif4(.4)1.4 Wd IvAltj 4q1 J1Ado0 pt109(p9Puo .315t4nba.1 Jopattii6411•Rid .4111 C1tflU mid pup 40 lied sy ..meti.43{10 JO p•opf•A Nes)0 uape.10.ke4fl Eunieg c.,;/,?p .4,/1144.0.10,1 pi•NpuNns pGpii-twel 'polue.15; ur.rueve EA114 i 100 01,711#4.3 pool i pue ioNATtql15 191.11 tto.q iftionbat 1.1.qp.tm tiodtt Apo •ptor,put.?pou patitir4, qtII oeu.))old Aieuittipatd ail) 01 ritoiddP.9A9que) "100 'N(W '01- Ape 10009 1,)).1:•11t...:A.oxifie 411pr:41.114-i omp ;alio I op.p,h,if;110!$:.!Apxpis• op.det.r) Ifr .1,IpMout):i UI pated.ald dew p3id pup at_p Jo 5-..-0005(pi) IAN W.OEVIS •diAti feutd ((ii. 1.101190mm ttotin ut.,-;pe0IppEo pegs iotomins .dui 181d!Bug eip two.e!....4.)t3plaro 11!fABNIE:111 ApOdald 00Eld 110r0j1n1WjEyOAPAInS Iwp 0) peed Apodald 044 ii0 slueuissasse pu2 ix e't pe Jotud ue4ipm ollqns ;u0peolppeo XJ.Apedom (p '43-96 .0N extem)o 40 j uompuo;)o Itrerigind suopmp000 aietis.4144 palirtbei puNtwi (p :0007 tP,pot•,wride [rid lu9s..1ie6eueui f2.4se..ft,P'I° tpvt,,Aiduity.1 (3 5.!•SP)D.C•licind CAislietoidt.urr.)Fut; tplmiutaisIsuoo suleulai uopppqns pasadrud leq)ainsue (q 'meld uopeAlPiomlfuopepid 10 Ii 1111,191.1!p)AOJ(kh 014)lueulidtu!(.4 J.:HP.1pm) (v. :eprtput siustwoothc4.1 tznotitm etp JO Rums •99E .0N Land$ 11\MS PLI e 9-96 7:96 soht Erive1P0 woZ lo efjuell310 suoll!Puoo Ile LIIVA 4161103 (Z. .(JKIJ pIt!Foy etp uo titettyis eq!tells 'p.)10Aej IllPf ileuiesr3e 5-Lp (.9)ealueit510/p1±? (9)1of modaid tw pm? c.-6.iod.trtd.i.qt 101 pimpuepi 6101 PaS0(10.1d buipsge sluatitave pv (9 .uotleisqns Arr*qPiri erArieweil et4} i'.41,4t1 • uoistlin.t4uwil A469 (iota ;•0(11 0 fl tiom 'plinwa*pun pod eq s-ut(-T4,4?pue smpri uo4poptnum.o.x..., 7.-96 'ON 05u8Up() efitieq3p7j tofflptio )O tutmstro ((,; sneld tityptms.tim;lift o siii?r,445.0)h4er.t pia fouv.ipi ..)ptPc O furAlq-iRCII-30 0144 O oevitum pi.lv A4,0E11.404 laodei pue'iuqd IK fpnl,--moo Ip.tiqrts (t.! •ur.rltk!n pstrit.10) P6uppew 4u8,111918•11C1tfil.S.1,91469 0919 pEnsu, (b • fer3Pd i!ikVAP H 1fet..1 Sdi 'EuteLibuluuro • ) ) . . • . . . • • • • ( Ibti •rt V. . urinlrhthatn, 1'ts:1t l,liili l i IC•?!.;!i, Ltd. li ity I c;, .20-17 Land shall not be offeiA for sale, k ise or tent until final approval toot-recordation of the subdivision is fjr:irtted by the ruining t irec:tor• r the proposed subdivision has been issued a preliminary order of registiatiorr by the Department of r.•iir{ii'ileit t? and Ctitisti11'v4 Antis (Cif.r_.A) in ccoriJance with th tequirements of Chapter 48,1, R,,ivi;;ed Statutes. ti eie has been considerable .-+.;b'iMVi.it)n5 in the vi;Jrk.liltut•.il district, lilt ii Iilig resent i\elLet.r`7l..v. 1250 Oce.,)?tattle Pa1tne�s r t.at., U i1 No. 00-•1-.019 t'3£:i ail Ned}flit: f the :tatty�, •h., law at this time,we recommend That subdividers in the State t.sand Use Agrici lturai.di stri:::t insult with, .nd rely on, independent legal couriset 'Author their subdivisions comply with the r.ltliiir:?iiier'it;Of Chapter 205,Hawaii Revised Staliite s. We also recommend that you advise tot purchasers to consult with, and to rely on, Ir)de),trident 1e tnl 1; 1{tib= cat re iirdfrt �'1' iS:zthle uses and the effect ofLand t i :) .J p: +ii f t t3r, Commission Rule •15• 15,-29.b), lt;vjaii Reviseditatut: Section 205 4.5, and Hawaii County Pkmnii ig Department:dile No. 13,on the re:11thomenls to build and occupy dw •ltiii s on lots within life ullt)ih'srl:iitiii, For the Subdi,rider's information,i.ti>; 'It+lted tats Postal ';',1-a-vice (t 1SP S)has informed this office of new mail delivery;luid,lines,which e!u our,-+qes the use of centralized mail delive,y equipment. We have enclosed aflyer proiri_:-d by the INPS. These new mail delivery guidelines must be coiisi+.lerP.:.1 as it Ifis:ty have;art effect upon tho t.t i;'f;c? ::"i :i.11:! iiVi:ill?il':i p=;i"iilin t'r the type of centralized mail&Aveiy to t) provided. •W {•:riccour,ige ihe Si t:,divJirior to contact the iocal USPS ( rowth Coordinator at 0:O)423-3908. The Subdivider is uitimateiy P:isponsible to ensure that the proposed subdivision will accoin(modaite the 11ti1:�' it�ry :�?ar:17ienk of!Gt;i 111•: • t!:' t:oii;" for ;.:;r :i E. # t :ail fictiVely in accordance with .' 5t: rr,pis. delivery c uidE?lines. should Ps1121/. any questions, ? ::ia`eNf?e to contact Ed . ,IIiof this iepartm nt. Siricerely,,� • i;. DSA:Innt P•.wpiii(MUBDIVOucwnentstSubr1007.31SUB Ui 000566 1250 eansiccriutuI iPh3Nc,nh&,SouthTA dna • • _ . . . . . . . . , •• , P.Ot4. 1T1.1. 1)4(117N(.111:10. i;c•irffic• ;et hy IrS 1f), •;?0,J7 Managoi, LANs Direntor, DPW District EnvironnIF)Ilial H &th Proqram Chia;, 1)01! • Distfict Engi!leer, DOT DPW-ENG-KONA 2ii0 Oceanside Pe!tnol.; ,•0:dricly FLext...), Plunniog CrInsuPont • • • Ag ! 1 I 1 j< , Lk,. Asfql lli';j i;1,°i"If'� y III I i 11�l 1 i • iuiI • s1li II3 ��II 'o'r}i ', I¢I 1;s lira _______imm,1 111 _ li II 1! :a;} , . a ' » i illtl�intl�hii�""►tlh►iiul� , it �"�, *-441- A • .1 ,. , „, ./ 1- **t4tk& �I?-+P0 1*�.k 41 SAS \ lt, ,..• ,,ii. . ... , 4„. .4,„ T 1 V,--' .1, .,-, ' .• 5ti ••r,,,, * • -:.*:;g;:::-. '''s'i:1-1. - CI m f �!Qc .____ y, 1J4 , pq,,4 .. <<1, ��, r. A'1_,, Ai. Pa. -so 00.‘ 4p. P '? . 'N'fal- '\' -i . —sr-' n r l 11 a IL. ....i 111 �`\\\�\• .. ,-...•••„:„:„.,_„-____, S ' , 1i NI, - i 0) * r ' „I 1" 4 *i _�7� \�� •ye`;i - tea 1 I11 f 1111. �, agop,,.•44*.4.......„,. , ......„ ,...,..„. . • , -_g . _ , R p , , -• • 1 , ,,---.. . . 14. ,, i,;. p.A1\ he,* 1 i ..;, 'r ',vv./ 4. i 1,00,,,,,,, i pi 1111 1 .5 . , I ( ' Atter°:771-:7., 9 : tti,„ * 1 ./:/-(:. , . i- - > ,ii ti , f p . its" irk --10..,1,-*--' \,_,_ ) al44111PAILIPI- ,, ! ::111'11I-1. _ 410- - --- ! ,-1 ";q.;•I fir. / \e 1 i /' (p i r \'`•: ,#- 11, II'. ( iq' . �1 E\ ,.,`�,i .\-0,71...,,' .IG'ti.I '.0,.. A '' . t,'iWs,s x illii",;.;_,3?Ili I. 11 I, it a ,II, li y l'i B I nk ti 171 I' ,.. _ i - I x- 1!• a' i'y f.lift� Flt G 1 hf ,y jy r i 1 ii iii ill! 40:1 iii 7110 010 i 1111111 0 10 r 1 Iiii�a' A' ,q ._97— i Xt,hi 4 F;,,,,e _ ii link I•L tip - ;y t_, _��;I-� ��i, fait tee" `: . h{V I jam, ; - 3 i:, 0�;p °ate .', 3,i u� 34VeritrAtal ISAIPONYIDI"' Ittiliav ••, mc_ ' ' i4 4P-I � i' i- 1.1l fd E.)+ I�-' I' .1' ;V 4-.1•1 IA- - Itilitarkife� '111' , _ _ !ilkIA a'.. . - • I I i � I t � o 1. iiy - .:�IKt lq if'.1, ,?:.,71,0, .i....., ,, lit .. _ ,._ ., it,., ,. 46,,..1, , r, J' �y �" ni l'`, itip.. t ri� ',, ` Vit `,,:ik,' ,1 41111114/ ) p f44y fJ �. tv, -/:', ill t 1,.., 1.,-16\ ':4;. 4- MIP\4 ifiky,,.. ,,.. ,. .............. ,4„_,.,,...1,... ,...4i,. . .._ , • ..,, 4 via ,r t ,. .A... -,,, , . FF G;, ,•••. , ,.. ..., 4., .1. lip l of 4 II • 'n�- I � e \X' k, , .4. , ••W WI litiL._1',1.-",:.`1, ..4.1‘'‘-,,,,---2,-:_-A.4 "1 1 itfo I:=-J-,--...,,„ira --#2*.l.._.;4-411 iff...--w4 r,- ! 1 P:1041 1 T .10 --4. ,-,`Ziagilin"- ---/i t 4 pr.;-:;11.‘irk=deAt4A1Mi if`o Tra ' ' :fri*YILV4* - . r di lt. i jt k� 'it 1 :ji 5yV yam/ lalII E> � -.t`i •a. .a' '7N jjI„,„,,,,,,„,,,„„,,,„GI,,II„,,„,:• —7— ��, ..,\.41111 . 4. i1� yF 1 is. j i, -,• 'a, t �' I ;!I 11 ; ,i,5 ' ligl"i :�.1. ]i (1!`;,iiiiWifi g _7 igg,g I g."IIIIIr1,1 ! APPENDIX C PHASE 3 - EAST ACKNOWLEDGMENT LETTER AND MAP F' • SY f 4 Harry Kim :.;,f��:,;;,:'/,.•,: Christopher J.Yuen Mayor • - Director '+r� '�*��' Brad Kurokawa,ASLA LEED®AP Taunt Jai .nWttt Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720-4224 (808)961-8288 • FAX(808)961-8742 February 8, 2008 Sidney M. Fuke Planning Consultant 100'Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: REVISED PRELIMINARY PLAT MAP SUBDIVIDER: 1250 OCEANSIDE PARTNERS "-"Ho.kuli.`.a Phase 3 East" Part;A - Subdivision of Lot 1-A into Lots 1 to 26, Inclusive &Road Lots R-1, R-2, R-3 & R-4; and Part B'-Consolidation of Lot 2 of Hokuli'a (Amended)(File Plan 2290) and Lot 3-A-1 of Hokuli'a, Mamalahoa- Haleki'i Intersection Improvement Subdivision No, 1, And Resubdivision into Lots 27 to 58, Inclusive & Road Lots R-5, R-6,R-7& R-8, Kanaueue 1st&2nd, Haleki'i & Keekee 1st, North Kona&South Kona, Island of Hawaii, Hawaii TMK: 8-1-004:059 & Por. 060 and 8-1-035:Por. 001 (SUB-07-000685) Thisis to acknowledge receipt of ten (10) copies of the revised preliminary plat map dated January 22, 2008, for the referenced application. Due to topographic issues, the plan was revised to reflect a direct access from Halekii Street. By a copy of this letter, we are forwarding a copy of the revised preliminary plat map to the listed officers for their review. We shall contact you upon receipt of their response on this matter. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, HRISTOPHE-R J..YUEN , . , Planning Director ETC:Inm .. P:Iwp601SU BDIV\DocumentsIS u bc2008-11SUB-07-00068512500cea nsideHoku liaPh3EastREVPPM.doc Sidney M. Fuke Planning Consultant Page 2 February 8, 2008 xc: Manager, DWS w/Revised PPM Director, DPW w/Revised PPM District Environmental Health Program Chief, DOH w/Revised PPM District Engineer, DOT w/Revised PPM Director, DEM w/Revised PPM DPW=ENG-KONA w/Revised PPM DLNR-Historic Preservation Division (Oahu) w/Revised PPM Robert Stuit, 1250 Oceanside Partners Robert W. Cunningham, LPLS, Belt Collins Hawaii, Ltd. " 4i.... V 4,1 g rfgg .. l ��lt��� 5• < P.lit. "� � � ..1.3f f 71 g 53 6 «- 'v3: = 1, ,,r=—.--, .. a W � w 5 'S �F �.. -d€ 4i i �g6li1-�� a ,ILLI '2, 2: W I: 10$� is 'Iill saw A a 3 1j '► tii:Mif9 .a W W <� 8 ." +1 ark< b b' ;`n j5S3 m i'�l^s�-`.1 i11f-'�i,' I-+" "' 4 g g i 4� �-s:as j y �9 e S -!:,--,74%,...,--,—,..r - 1' s;�:. \ .2 H'. 5.. DO ¢ :; i$6: _ .. nx ii` 5 �.&6 6 1 In S$ _ s t o$? Nis w s ,ill 83 --=.:. 'u <g e m � a8_a < a �...., 7 .1 "Ill Ar., , .. ?- -...l"... i. dr .1: ��gyp ~"z rr oY *�* . a ♦ 4a 2 4, WI illtp , ,t ill x 4littp, as y.. ..� ''', 4 A �ppa ., •:: . y. 2 40 � \` '' ' pod - '‘441 tl 9 3 y r3 4 I �• w. \mfg '�,�, 3 , '= if„ . moi,fr . r! o I '� ,,,,,, . ,_ , %sem` {' 1 6" 68 q \ R P - rl \ y[• " —'• . .4117,110111-: 3 ,ip �a ►j i \ la s x \` i IOLA '(Bili o' . y �N. r,; ,, - ifi !SIMI �. �Yf ' ' �S 10111111111 '� 4,! F_li itlw 3 l i;, F _4 a1 is . p i is r l Ji s=_ 1!; IESglIl ! SIMS p '"'a /,. _ f!F I Fa - sl i!i k P; EFf H,:; i m a �� 5at ei 4 ,S a a In a x w �4F w 3 z a F a a `2 • a g Q N o 0 0 N N O N v 00 CO CO 4 A A N 5 u ti a d 44 U U U O m T .fl as as 6 c7 0 N a .a F Co arnrn 0,0, ch 0, p N 0 0 0 .V'0. �CY 0-� z a zz m • A v v v a; E r r h r r O I in J) ',8 u)v', ,).) m v, m� a o. a v o 0 00 rt T U U U A E C ,°, 0 4 m y " e o o I > ) > > > > > y U m o a" > •o•c C m w c v co 0 . A K 6 W C'C'C 'C'C 'C' 'C m A rd o AAA n 04:3 A•A 5 N m vA M b d -/ .1= A t. '11 m m ; a m m ° m V 3 11 1 N ”4 . N E .O M 7 i. Q T i.7 C 'gamr� , ' N .-..-..-� x0 U U a O O ,c V O O I a .2 .. 0) a s{4 a .Y '. 2 A P rYiEhl o 0, bbl W me `, 2 U W 0 o ,o 41 ro E.., F o e FFr m O m ti ,n a. ` O O O 1R O P M O O O O N O O O •D ., N N O b .0 co N co ,,o M 00 '-‘2, O ,O O - O o, r r r r a r r r r r p; a; n N P. a. r "a'a e b a e N v, oo a s W W Q 9_ �T T E /. .+ .3I I, as A yy 2 0 °� '� a .g ` H v 3 x a„ o x P. a t E P. P. m 2 ' •o �0G 4 3 6 •4V A ma A v ••' m ° s o o •• -, v -•i vvO - 3• y 0 . w 'a n000 00 00 a ° ° -, O a.i.� °' b o ° 0 0 0 0 0 0 0 'g a aS w 7-, „!' .. g 0 al a.a F s, . g `5 @2 z a' ! 3 a ! o t'' m o'2 v °' o o �a a _T u a 2 w -"d.�ar E. a m eqq yT aFF o�p ` k' E d ,g ' uU ° g n •O Fi 1;0's x w C `^ G m 'O g A 'O'O :a .a L4 41 m A � �+ a B ''� m o a o a ¢� lA m ¢�¢5 m • A a a ° i9 u• i• v . , v 4 xa I a O W s o oi 8 8- x to vA o 0 o a E m g off W m E. E. �N a W o o 2 .a •a A z v v o t ' •d• o o o It 3wa g W1, E0EN o - go9 y R F . FO a I N Y -gw •O Cm 4 f O ° a b V 1iggHHgglE g : io vo A AL vaq .PaA ° g NwHv U • aaaaas F40.4:134aUn • > d „,S a 1Nd.0 II 6 :ocv�-' 63:8...8 vv p '..:41 V, v 'C a 4dE oSaE o .1aA c , asP9 v' . . •o00g40p.2a« EpE. .8 EA.. ov•oEad 0m 6R P. ggvpv• Ta' ` ▪rn q - 0. Z3 U u «mj 0, , was v u Ug 1rn1 4 •a 1 g 000 ba00P,,88 g4A4 dR .t, $b z oc, uaxT ' EE .a v F,,;', •o "ON 2Q0 f?-,.046.k v 2w -v,f; v� a� v ,, 0 m v Yfia1vm � ti: F-,A N-,A.N-...iWaa.ti wz .- z 4 4aTc7g �HaTTaHa8pAa5HO .1 6' 3 1.x m m Yad Vitt' II x & t t u w ia a g In v, W ti n .1 P.M W W 0, w U b 27 0 1 ` m 1 11 .1 y,' 0 av aPPm. 0n0i ii2il 11 I i inn -0aha r0 nv nvii g "4 ' g 7 8 70 v da * 4 ,%%.. 4 xx •xA 41 111 m,_. a � m ”ah PeE 0 9 N 00 O N V. b co W !N ,O .... t, V O ON M OO O, N M N r o, V' V U D\ co coO, °, O, r b 'V' b 6 b b r r r r b b b b r r h N b b b ,O b b V'N b b ,° b b `. b b b W OO a0 W op a0 a0 co co coa7 a0 b b a0 b 00 N ' coco00 coW M b CO CO (`pJ opo a0 00 0o ao ao 00 00 0o 00 N 0 r 0 b OO, ..N M V' 0 b 00 O, 0 N N '0 N O r NO, 0 .. N M V' M 000 O 0 O O .- OO O SO N N N N N N N M O O O OOO O O O O O O O O OOOO O 000O OO O O O O O O h ,O b b b b CO b ,D.5 b b b b b b b ,O •O .5 ,O ,O b O O ,O b ,O ,O b ,O b n.: b N N S"8"4 N N N N N N N N O O N N N N N N N N N N N N N N N NO N N O R O O O O O O O O O 9 O O 00 W a0 00 00 00 00 00 00 00 00 a0 00 00 00 m W 00 CO 00 a0 00 CO 00 aU CO CO CO M• CO 00 00 CO M Eb VCO O 0 N r M O, N 0 b N O, 0OU b b'd' M 00 ,O r ,O 0mo ti V, N Q O, 2- O, M ' 2 b 2 V O y 0. (VO O CO N V; b O O giO1 N N °; .. M q a F. .. ^ oopp M r.i N m V'O b r���Q N .M., .�-, .�. ti � N N N N N N N N tV N � M M rMn ren cbn z z .-. N M ,t,n b r m c, o^.N-r "1. .d'. b ., - o NN P 7 NbC ro O, N ,a.1 ,O m V .. ••� N N N M N N N 1 N N M M M M 1 1 13 r'43 a a s � ti uu a m 4 ."S c°i 4 X '3 3 m ;i ,t x d w. N t. _ a • b A b tri P C U U a 8 ° a, 0s OWN mvaava v omZ ?, v °: N8 •11m .It' ? v a o Y 'w ,- h .a O•8 5'w7 7 n M o at 3t WMW Wh h # V t0 CO 00 T 8 g a Q v > V i ° W U ti r A C ' • o > 01 Va • x , O > rn ^ N v> T ° b a g P;O • aa o o0 « aK8Q 1 AA o 4AoA N o Agd o � o , A 0 . 4 _ aba 1 1 ° ° > uv' mlam aWWT ot .a> 8g . 8 8 8- o +- t8 - O N x AO .• cNN ee .rM • 0 N o h S 3W mM U NaO N M 4 f-'. ',..',1 0 m 0 0 0 P , 0 GCg m bQ N N N ° N ? 0 O h .N ,n N N N kr; O .. M ,O .+ puO h .+ OO N (NP....' P. N W NN.Y.� Y N N ^ - O r P+ rn h O PPm P w e ° r. g -2 aq a 8 ] v I g U tg g gA. teg •.S tS o ' E . 2 1 a ' o o ` a U Eda U o 'mVv w A A .v Pv.az' U U° m .2o r A V A wH oF Wo ., a . x w ''!¢ . ..1 m0, 0 Z .' aJ ¢Foo o o y o dS @t di @1 d! Q Ao. 3 d d32 d3 A A ti 0,4 >+ 1+, 2' .. v IHJIIJI _�le °v `� °-' mp cd P+ x a g A'S.1 o w•� a ;wa1 g .N W P. ° o- - 440-, 9tfull .] .o "' ti. w g o t, O o2 'S,4 ?v q vs v 81 4 5.'.d v T ° ' a °> 2 m>"g i ..7 a4v m o - 7„ ..fl.-0 ',,, iii ry € F 00 18.28-82g(5 qq !'� g ei ^moo'N °1a 1pp t 3 g402-8 '° " 'o'b .E'o? w " ii >, of; IHJ 'o mAW ° 02 8tZ s;>,ma wU.3o .tiaoma�� pOh�� 1''1!n U UW•-� > >, U J VC �w 'C 6 N W x ° Pi LS -sox >, O ° O 8 °O 0 2 0 0 °O ,-8E.N+ ° _J aei .Y x '\ b� O T b 2 o E i 4.51' g'°h o. o °ooA avol ,9'1 °Vo,o "m >` F4F03'�ECE4 °JaA We s f' t g•ao•°'� p ;.•e $ °o''s.'t.° ° O .q N ° O N F nC , o c O a W' O d p,- °h O N ) w ° W-4 1▪ ' c�� �...��F�d� . �� �n`�aFw�F¢�� °A�� A.�a"c�.,�aFU..�3 .�..a�U �� o x� �A � a�a Pli m m m a m m P, m m F', gz m• m go a 0 P., sl 4;Cr 1 y va a a a ¢ y o 7 O o 0 o m a mm 1 x ono b 0 0bb b bAb0b Flo o i 1 g x x " x 4 a < z A . bb 0YO, n n Q Q b � b b b b b by hbMb ��0 ,NNb ,O . N 00 ,i CO e e e e e e ee e ,q ,0 0 0 ,o '4 '4 ,q ,o '4 w z zCO 00 -,- Mo 88 a 8 8 888 m 8888 w 8 8 w 8 8 • . . . w m CO00 OS O T O (4.-8-8 ,° h op O�o Y ,O h 00 0, 0 N M Y,n - N M Y ,n ,0 h 00 0 4 Cr,-;O O Y O 0 0 0 V' Y V' Y Y Y Y V1 , V1 ,n ,n ,`Dn 0 000 0 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 4O ,O,O ,U ,o ,o ,',51--:&: c: 1- tz.h[. b . ,o ,O ,D ,o ,o ,O <6 ,o Co b,o CO h I� r 1L, l-: h in :C� N NN N N N NNN N NNNN NN N N N N N N N NNNNNNNNNNNN NN O 99 0 0 0 0 0 0 0 9999 q o 0 0 0 4 q q 4 b o 99 0 0 0 4 q o 0 0 99 00 o0 00 0o N 0e N 0o N N co... N co 0 N o N N N N N N o0 00 N N N 0o 0o N CO 0o CO CO 0 Y 00 ,n NN ,°0 0 W N ti Y N N N M b b ,n b N N O 0' D\ b b ,° .-, M m P N O Wm ,b W N GD M �D M O, ,O N �n `O O N 0. O Y - ,� N ?vt h M O N N. t-, N C 41 .1 N h V; M N N O N R '1 00 t+N, 00 P O tN 444 Yt Y h O OO n vQi Q Q N .4. ,r, l n h 0NV ' N CO h ,0 D M b N D b h N h b b • C 7 v, YYtD1 h h b p Nb b b O b b ° � n n, M. 7 Y< R vV. . h 2222 x Z 2 .S Yn w m H rn Axrn n rn E2 ., 22 x :4 2 ,.1 1 a 2 a 2 22 w w o 0 0 0 0 N N N N N ° .'.d d g h V w h d O 'C 'C 'C'C 0 A A A v` d o 8 d a, 0 0 4'0 0 d y T N C.V C@_ G V V a O A s N .{C+. .❑ s T O, O, O. p O t•❑.1 O N O� N < � 'V z z �0�ZZ a 1. a 0 « O 0' « N N ti N N •- ° « 'S w 3 a a a .n N 00 '3 00 co co V) V] V,00 CO N 00 VJ 4 a" S 5 TCE O M � E E 0E oo co O V V or. 4 c5 r ET 0 � ovoFA° F oH❑5 0 0 3 'C xsa 0 m . ^ .° 1� nn ., v� c > [" c• c v> ' p c° ' A I o Am > Nr > 0 5 N ma .ad A A , A v w ¢5 v v r ¢ o x A o i 24 xA A 0 o o m0 �� .. an w .. W $ > W at ❑ .. m vv - a, oa, r a1 >a > 4 ❑ d� 'a v •4, � 8 4, 8. x x _ 7 . a x ti .a.a g aod z x .0 e ;, r4 pp To To '5' m� a a� a W '0 N . NW O s .Hcb W O0 row NNO O o ti 90 0 .p a N F0 CO. HoO ao 0 o -a N o ,b Orn m .OO 0 M p,n n ha No N W rn � o A N a r hN ao o 0 0 g rhh n P.a N M E m 2� 3 N U v n ` N F y U b 3 3 c m v ° " a. -Q ❑ , d FFA. a. aU a. E E r ❑ ❑ ❑ wA o m '' ia E °` E 0g ' o •-q '1 .o _ pILa i c . • d o N o v 'o o 'g •gT4av .a H y 11 x v ' m E 0 ° WW3 V Ci Ca ,vv .. a •d0x aa >. x x x • A A aHW v ti A a x x a x v2 ° �a g Y A A°„ O S a Q 4 .a 4�y ..1' 4 .4 A°4f aT o-.7 8 ��2 F 2 '2 O a° �3 RAS 5• Oo 4 �4 0 0 4 jw n N N N A .N r� A F. T.N > ❑ !. • N rc C�.4 C X /. m Hjil ❑ " O ❑.1 1 .' 7 vt ❑ a. a b .ia R 1 m 94, h 'D�+ •o 0 0 0 EI 0•o a ^ 9vs g 1;a o a g '0.• .-5 y t o u. ou4 ..WC..ii•�Cv a�❑]N ❑xQ 68yg ° U m f. 1.§. 0� «3 A o '3e'w ... E"� 4 v - o � m ❑ 0 w a , 13 o ., _ 1 0 W W, 5 a 'V d �o . ''''34., f-, TT0 y 8 'n � .., o. °•'a ° 5U := oob ;w ,@, w rias w ; s (io -43 .. .0 a A y ' Em 1' egmo wo •o m'q ooN.Nv o ; 1 'a 1 0 ;sv1 .e,a, .ys , � Touv ;o r ,4c, g v 3 gE� 3 � ' � '? a n` E`o, 2 0 'a >.m Er t . . xm •❑ o f = m Eu U � gm Vol.00 x x a w ac a u or o3 ix >, Scod . a s e. ' 0'00 w w ° 0 0o o ° ow m2 m u ° as o.- ' $ ° � b $ .a o aa (31U o F. , •oay 1g°' tv .o ❑6, 0 . a o •o4 'gda UlEa.°M'v"" :aU a g w "5 I. a Ci g W wve v �.10❑ Qwl s'A''44 Cw: . U1 LA d '.F3 v ''''' "- g oEq vI- ' 0 � 4OOetc> �IOddd °hbWis E,N' 1 ivg16x1 r "3 o o �Vogclil 1 w .d CvcvjoO o0 pp 4 gaa 'N .. �o 0 0 0 o 05rojj� - o � m v ,� M- o� o-e70'sa "�•$ g_ No s t•$ 'a.�u AAn ‘n— A,tivhEE > aE4iAl wA .a�.15 F 4LE - EvA g.° oAA - 42 .� o 4g .-itl, A a a Y, u a s€_o €b a a a a a a a >. >.T r>, T T >. >. >.>. a ` PE') a UT NT N P. W P. f4 [! N a)•q .0 4 N of .tl b N cit.', 0,] O O O O O O a a a a a a a a 'a w ❑ ❑ ❑ 3 3 3 3 ❑ a ❑ ° 4. 3 3333 3 3 3 3 3 gy m ° o ° .a .a .a .a o o ° o w 8 Q¢ .. I A A x .� Y . ❑:❑- :❑ a m:a .0 5 rra :a "o •o •o •o•a 'a :a ra 0 0 �! v a� .°a o 0 0 o m o m `� '� '.'�^ om 'o 'o :,,,,4 •� 0 0 0 0 w '.a •`° '° ,A1 1 1 1 x x x x x x 'a' 'c',c,'a'a s 'a' a i� a s x D.' P4 x `.4 x x x x'.L� `.� .�+ O O O .Nn h 'n ''c' b °'I' Tr W r b b b h GO h T b b b b N h h h b b .D `D `O 2 Z z `4 Si' e i' .o e m a 1-7 Y 1 'T 'T 'T Y Y d `4 ? Y `O 4 `.' Y Y 5 7`O `4 `D 4 .a b 00 00 00 00 0o oo 0 00 00 0^'0 W W Vo W 00 00 00 0, W 00 00 W W 07 00 00 00 00 00 00 CO CO N O O O r N M O r Nm sr rt b 0 ON O O'3- O O ONOrN N MO O n O O O O O N S 66 66 •• - 9' CO Cci O0COo [� 1� th r: l� I� lh N co N NNNNN OOO O pOOOONN NOO O O O bO OO O O O OO Q O Q O q 0o 00 od 00 00 00 00 00 00 0 00 00 00 M' 00 m 00 00 05 00 a0 00 0o a0 00 0 pay 00 00 00 CO CO CO 00�{0 CO ob 00 r' ‘81 r °, P h b V 1"--- P N W SO 000 N'.Y M ^ r��t r .N -.T .A W 0 O M N r O M 0 00 N M r bh M r O M O .Nn .-.. .0 CO M h .' 00 N b st •C ? Ni M V Ni V h O .n .a N N N rol r M N N N .-+ r r ^. r r CI ^' .. .-� V" h b 00 b r N M kl h P O N M Cr b l� CO D\ O O o O ti O o T O o Or r C" r' h h t'r� m w w m co a o0 co al a a rn rn m rn rn rn rn r r n g N t?P. w oa 2 2 1 2 obo h 2'00. rn `. .2 rn' a b ho, og $ o o 0 8 o B a o 8 o -4 o H H a A5 Q .3 a h .a a 1 .1 A g x w `AA a MA A aAA -6 A A rn A w 5 a N V m cn CO M G a :P; A 8 i 12. 4 o - U v g• N L - x OP :o x co o r C O ~E o OiE \ N N N F N N , O v, vvw N 0 N N v N 0yN EyE 0 v 0..O ' E7 N « .« r « mh003 u, Cl) co w V,m m w aw an tri, :n an a G T C ,aT C7 g d > > Ij m m 6 o 0 0. c A m A a a 0 0 > p4 t4 m A °i a .d. w > > u > > g. d r > o v v m U o '� o o i5 o o :48 O I t' 8 3 A*c G 4 4 Z g C m q o B n a 2 Q U° U Q i m d '3 > a a, a W (� Q C .� ti o tl " Nyof r. E ., M , ..l g +nW ^ " OmU '.0 rt" w`' e o- Z W O w ;a M L2 r 2 o• My •• on 4, — M NNNO 0.1 2 2. N O b •. O « O m so so . N N a vN OSON MOA �hOO .-i O [� ti 0., N 8N ti .-, N N N N 2 b N � V �r n Pn W n na ON h O C F C IT W 9 330 � 3r, V 8 U ., O N 8 U U � C c 4 8 � -O -s '2b E E EbO [3amEq" C � 0m . qp68 N C ] waw1 , puSod, v av .cg E E g w as3 g 6 v A q 2 al a:m a o _ S cM o v m o am 6 U q 6' ,m vmQ 2 '.a O v g u Q Z R, z •v gvv a p•g _ 0. ' x :86gmo a i m7wE z � - a 8 i.k1 ! Ali-2 ;100 ,10 Z o m>t s� ,y 00 00 OQO 0 0 6 g H 3 m G o 1 2 1Ii d. 4 I oo flO�n " flu4 O_ ° `�vm iI y+ W�w 'T' o go •E aate T "' a GPS 2 g m E18 $. 2 ..1 -!f?,N a U F U U F m b 81-'.a g c a� c q m p A E og.'o m2'a s m w a a o o.o w tib g m�(5 MID! m•.H. T ,` E0 a 6.5 h 3T' •yV:0 c- -r� ac.•,yc-3a a.2 w, n 'd a o F, a a�ly;o.22� �'rn 3.2 m� tla ^' �.5"�.� ovm gag �,U-1 gvU v v E o�q�' E ' oEG'.I'o. 6.'0O vue ° I v a •m•. 9 0 «�-1 a. c. 'Soi ,.a c SaPb .r o� � �" v �� � � � � �� � � � ; •�0 �y00 x Z a8 o8a° gW `n o 8 E E.ia.7 '8o' T a�@3 3 -5x ,4i '�E y -01$ Q D gf .t1ov 0 3v O v E 4x v2iU Q32,O0.i.0.o o 6 E cy -A N m a a ��WW a� cV (V w , 8 N N q O N F+R. � x ay.-. r11.2.0.'i�(a�W.c•n 0.ia�� �.a a4�r.i"� `�q•5 Cox 8th'.e)4.,� F � ���ow¢ ."� ..A.,6��-1 � F a� m m8 8u 8 8 m T T T T 5 m 8 8 8 m ON m m m m .m. Cl.. T T T m m m m Cl.. )... T T T 8. mT O 0 0 0 0 o 0 0 o i5; o r 4 3 3 3 3 m 33 3 8 8, a m.2 3 3 3 3 3 3 3 E g g g g g g g g g g m 8 m m 4 m 8 m 8 -g'm• i j I c 8 c 8 m 5 :9 :9 :9 :9 :9 :9 :9 :9 :9 :� A ' ' ' ' 0 3 3 3 3 1 • o o' 3 3 3 3 3 3 • r T � D\ D N aO O. 00 a l 0 . 10 b 0 O O O. a 0 8. a - ti b , N 00 V- O N V' n co 0 e. Woo Nb b b b b b b 'D VN .q q v q' b b b s o b b b b 9 Z N 9 9 9 t2 1 .i o W b .Q a0 a a a o0 a a a a a a a a a 00 a a Co a a s a a aas ^+ C.; a a CO a a a O OO O O r O OOOO O O O O o O O O O p0 O O M 8 O8O 8 O O O S I` 1� 00 00 00 00 00 00 a 00 •• .• 00 CO 00 CO 00 00 00 00 O •• CO CO 00 di O, OS O. O. U O, 5,,,,':.' 4 4 9i-1 0 0 0 o q o 0 0 0 0 0 0 0 0 4 01 0 0 o N o 9N o 0 0 o 01 9 o 4 0 0 0o a' ab m Lobb w o0 oo w co 00 o0 ob a� oo do ao 0o m w o0 00 0o ao a o0 ob m oo w' o au a� oo ao P N P O V N W N N M W T VO' 0 O M 0000 so 01 O O M .5 r0'r� b O. N n O W Q. ~ N C; — N O N .- 0 M 'V M a` N .4 .4 V .4.O N r ON' V' O N h V; 01 0. ^ b CO P 'R O N .0 b R O. O •.01 0-d M N a O. O d N d V ,0 N � N+ .Ni .. .N. " N N " ''' M ti M MP ti .+ .M..Mi d-. .74 V' Nen-, moi .1,.2 b .t:,.. a P O N to V oo O, O N rnn -N to .M w N M- d .b h .-. ^, .-. .. ... .. « N.. r• t .h- N :l N .-� N .Mr M M M 'S T Q C y' �-. a . is `. rn v, w Z A w " a al al a A ti W a x o [ p. 1'~ . A to❑ 0 c 0 O O ,0 O c.S I O z t , <Nn -1-01?C V a W i-'4' ❑ o 'w 0) 4 Q W 4 v=)0)VJ N Z f% h •C C N m , R ~ VZ OO ° o WW ° 0 K Y g .> ov w U .+ oA U 'cA A ooy' ❑ q ° > cA a0. ' U.>.>.> b . a � a " '> '8 U •C "1 m W G g q ° aA A •° m F oG o ❑ . A "AAA o A o .5 » ° A $ma N m N N vi •5 x-• 3a o.. E Mo Z 7' " M 50 -. 0 u ,° mu,MM ' ' rn g a ; o V MN 'b o .i h b y 0 , Cl0 nXMn h h b h F M W a Vh[8 W oh nM mh h lQ N Mn h 0•• ,--- h 0 O 09 A o a 0 5 m m m '0' o m co m 00 AI U w 0 W 04 q 41 m a ° , “ C w z ` 44 6 a G FF F 'd3 '3Q A'm5 g •xv o a °' z c A 4'1 4 F� o W `� a c' o '� " a 2 0 3 a x (7 E. "c. U` a a.. ai a q ii .9 < 6 5 3 a a o A° A a ,Ay Y. 3 °. V A a w�-', vi ,d�°. 3 :Q•d ,�. :4.3 •a et, EE z 3p v 3 v U° > m " CA . 5 ,'.' A E rn '.L5 d .7'i 0 0 o m o a o ,-_. 3 f '.Io' .? o W o Ott flJh! 1h1! ! I0IJ 0q mm a❑ ' iii !: g liii •3 aa •o aa g 1 .. 4 ° v \ a y o �` d ., 'q c � o §o • $ 0 h W • g „, a d Uszis Gpao . g a° �W awF = � . y ¢ � M 919 phN ° a z ma °W y33&E :g ii • 8 . -E .g 44.g 1 • 0 ° ao4QJ F• •2 5 W 0•a NA~ O8 W •`-41 d Tr a• t °0 0 0 -4 •byO, a 0- v0 m $ . `.rn .g“.. C q UE g _. a q o f,H rn m '2AL o ›deo > � 1”-8 o7 = = = ieu UH v ❑ rn CS o m g c o obE (4U gd•Fog ,E s 6. c 8 , J o ea m • ' ' ', o, dF6 . Hqrao8r d'4 m u o1 rm3t d F i am Og � o ° m - o r . v yam ❑• r U� o02 ' ❑ O:s£ao "4m N 4 4 m 4' P.aP. o W a • ❑ 3 ^.8 6I ;IfflM a EF5 >,u aaof" a za . gZz4�Q4U9• 41 ❑l A• ' vg . ° t3e „ ,cowgQ bc niw ootl°cp• 4omRo ` aoNV.0 w�a.V,.rE Onq m 3 3 3 3 a a . g' a .4 a o 4 0 0 4 4 m e m� 3 3 3 3 3 3 3 3 4333 3 3 3 3 3 b A i 0 r w aa a= !' a 4 a 4 4 4 o as as a ay=y 4 as et a-g ' s -8 - v v I ' 0 o a 47 0 0 0 0 g g m m O N 0 0 •0 • •i3 0 _ _ _ _ ae ae u x ae x a a a a a a h bha CO `0 h oh M N b .° h ah b co M • M ❑, O, M imM N N n Cl t-.. �pDT O a [Y Y Y °d d eoh h vi e N a� ? ? a `i y, ee .o a TY$,q e e ,o e 0,0, b ,O 00 o M o 00 o 00 0 CO CO 00 00 0 00 00 CO 0 0 0 0 00 00 Co 00 0 00 no 0o Co 0 0 0 00 O 0 •-. ti M .7.1.; ...I b h co Cl ON 0ClO.1-V1 ❑ N 00 ty N o .. N ,-', rt O N N O 0 0 O N N N H 1 N o O O O O O O o O OOO Oo00 0 O O O O O Qo O OO OO ° 6 6 6Q` 6 mQ 66 ° O O 6 6 O O O O O O O a6 ❑. P 6 ° ° rn N°. NN 0 N NNNN N NN 00NNMMMMRM N N N NNN . . R o0 0 4 0 4 0 0 0 9 4 4 0 0 N O c6,^; O 4 OCT m o0 00 00 00 00 00 01> w' 00 00 00 00 04 CO CO 00 CO CO 00 CO CO 00 00 CO CO CO o0 00 00 0; o,' a 0°`0 .7•1 4 00 .”- M.. H - b " hO ,D bpCl ..7. O0 ON 0M N N Cl M ; O O ,-i N M p V N 0 O O, O a hN h to 0 ss Cl Q d d h 0 U O N a '' b h ClhO a01Y1N , Db � w ,Dh � hhh14 h hH 0 n.1 v.. .sl sr) 41 , ti .• ... 0 ...I .r .„ 11... n ,0 %111 .-, •-, 5 0. .. r. .5 ... .. ,-5 .a-. 5i .1 .1 h .0i•• , 0055 V I V 1-. h 0 .OD ,O ,0 yo.❑ wO V, •0^° ,0 h.• hi •h. h ~. h 1h h h W o R. c4 o ",L g x xi .c ° m 4 —4 -i`:1 6 m .4 c o :c A 8 a 0 Zia 0 0oo O9 N W d co > 'C A _ a t 0 5U o m ac a > 3 c4 o 0 w o M d U a k •A 3 •2" 1 x° C7 iy U O N P P P P U P o, O P P P P O - P V] N N N N N tE N m N N N N O N 4444 LV 4 0 V Cl' 444.4 Z ..4. 0 L « « .Y ,.°+.85 .v d « r 0 . 1 1 1'3 '^ 9 o a a 'a 3 E 8 i 1 � •3 Z ,�v, CI N a w wv7 J m.hv7 h w a S •0 E v T 0 Z A0 I. o ::. , m ,n co o E% 0 U E U0' t08 12 00 a E o g 3 qA A ° ,§ A x 'q 14, A ,t G E mr � AAA . o CC W w Fl I' aaa 4 ° m al ao v p7 4 aa 5 3 ° a - o zn - aa 8 +lL O G4 " orwm 6 W Z � M00 MM pomo 7 v ` P OF n h bbbW U '5' ..<5 u b '7 7. O m4CO'or? O .-a F b b a N \rO rm000r0r .0 OvN O A r n n r N . :^ ar hN o°. ar T a 0 g ` -?a g d C N a o ° c o U O L' W o uuuu m .i .4 F 0y c m M. Y:a o Y. ° t `Fn' ?n 1 p,a p.., .,, i yf I u 3 0.. c Z i w "•o [E0 R o°°0 3 3 a s a a t w 5 �., o v v u opp 13. qq 5 .5 v v 3 `.c4 3 ,v_v K'�^ . ' ,-,u x -° 0 v Ll °3¢ U ti OF .,, 0 3.o;o v 6 6 ° v •O � 0 •° � ' o U 0000 a � 3O � U@oa '°, oWaS 'SOO O ., O a o000 0O00 a o , g T1 1 US ._ °R a cc Nm v E"JBc Wd I4j1 iII1I 6o IA «-1O'o v0 `/�wP v m g-O,-i -'«1 E w F 5 5 v a, a •-'• va ..o 0 Y. 2y j R ,a 0' ° y h 4l N A S O d a O .° ° F A AO W.-s 0 .9 r° x 3 0. ,,,, p U -x c `� a� Yn `� a F 'O`'[�' , o Ei ° ° A o v m b m U 3 2 �y vS b a & m a I fi c.$O .4 m o :A d A *. r la A •i-e Q �"a ` E u u oa :n H- U '3 d'v C um 1� V m fflH �i 4 cg t5, 4 g �' ovacF ¢ U q0, 1 oo w g t `7 i'oil 6L' g t 0S . 1 ' ;u a �+ 8iA '�° w al dL a yT" w .' c Iy N v '° F d'q'q .o z y a •Sb « i3 v v o °' a o a. a R, o .a-t z �.q v 2 A a :. 6 x", e m 3 S R 2,,1 4 a 1 O n 3 c .:9- x„ '4.:" Q rn gg �', o ',�. ° ur ° '� v F d�+ m .F' W i .o•S J a g.' 4 6 d >.d E u 1 § il W ymy u `°' i ° o --- .1- " ° Eo o ac W0, 80000•4 °rg-g MA d t ua dO -. u a� oq O'x�j m p. o o m a0000 and u oO'u_ 0R' 0 E L'' e Eo00oy'$ G .,w0•O 3 v0� .Y, .., `� 5 c .4°!N ca .oc�a `o!a U E,,po000 co.`y ° m ',I,' ` .G .N-.:II.N-.N O O A!, O (V ° .3 a .N-. T ° ti u a N.N.,.N-!.N. .+ A 3� 3 a 0 3 �a4wAro a.hoA' Ar�a�A mg,. 03 oA• ha x 3CJ 3F °3q -a c� � �`� �= W T t• WT N 9T . N 00 00 a 3 3 3 4 4 3 00 00 •g13 "8 w § 000 m a I 3 -a -a S 3 3 I. 0 L a ° 00 e b 3 3 p p € € .€,c a a w a w a w ‘4. m ac a a a a a 0 0. R ¢ ¢ ¢G m po m 0 a m CY aa ,fe m " m0 a 0 0 0 0 'N l1 1 ' 1 N N5vG -600 O a , E E " dd4aaPa a aa . 4 aa, a 1 1 a aaaa '. u w o '" C Q Q ¢Q�`«. P P o a co w n ! !! ! e os e4 4 m 00 00 00 00.00 o0 a oo m m a{ ,n .0 r 00 P ON en 4 00 b P Cr -+ NS CO ao n b r co P N 0 0 N M C .n O O O O o o T bO o O O opO Oo OOoo $ OO O 0 000 O O O O NNN NNO..NNNNN N ° N N °7NNNNMmO O O O 0 F. 4 N N o N 0 0 0 NN0N 1:7 NN 0 0 0 0 o900 4 q o 0 00 0a 0b 0m' 00 00 00 0a00 00 00 Di00 00 00 00 00 00 00 00 0 00 00 00 00 00 00 00 00 00 00 i-+ 00 r .0 N M.0 P 0 r b 0 d' CO 00 0 b M cCO Pb 4 00 .0 P a C in VCO O O a O V't O b rN OM O O P h• r N h C r O b O .M Mh 4 00 :7: K P M • • N Wd00 Q0'G Q Qoy0 00 0 N enOr 00 W `00 00 P O. P . �' 01 . P P P O O N M f O b r W 00 a N M � 0b r, N NN N N N N NNN N N N N NNNN m W 2 b r 0P O P N M T P r O . 2-1 . P -, -P P . OO O O OK O O O O%O.O M•+ TNM N an b r NNN N N N N NNNNNN NN N j ' a x z a H :n S 4 ,1 .1 a a a g O` m v, a ww w .a 6 a 4' +.3 a w • 0 0 0 0 0 N N N b N 1.1 . 0 0 X tN h V) VS 0 0 '.i AA ig J v U U U N` 6 x a C UJ 6 'c d A PIm ° P, qq > to O b N ° CO ON N N N F+ 2 z a v �' Z CO p U v v O C h (� { N U h ° u u .a cn v « v ry q r h � O h 7.,.a ° .a .0.0 o0 W W R V0 V W .N VI C4 •^ V] VS CO V U CS a .S ., 8 8 G0 OE 'eV o in m m 0-1 i y oG o o m a A 4' ir,ym v_ N x v ab4 ' v 14, m 33 11 x C C v 8 N m 43 8 74 ' -s 4 i v g° ro3 T � ' T ° a f o ' . 6 ' Yql' x aJ a 0 8 ¢ . ° 11 a ao a a o o 4 3 d Z W x n o .8 r„,, 01 Vxa :a o ammF v o O v o ' M o. o U n O atiOOO MhNN O ° 0 a 1, M N N a N � O T N .y O nO ° `P b Vn P N N N 04 h . h h rTi b N u v.> ° w 0 o o o ttl ❑ r� $ ,� p a° o v� c o � Fp w °' E m a v N„ p c v v m td . qC v0Y o ° v a' P � o -u Q Li x A � 1 4 p x o A a U' 4 ' v S. .. ¢ a;, '' m "�� A 'a 4 W v v 3 3 " o 8 % p x x w F m I A x a > .. s ' 9 g g 2 _2 V W 'a `t 4 a 4T' p 48 W F C.1 n O W ,. ,7. `c `Y'U Q .2i ai M Q a0 O O 5 An G 0 D` T I T °00Ts 'aa ° 'p RC 1ggT O. GE C T.;oT5c U y •o g 'd o & E ° N g E 6 .9 avaoF a goFo a.b 0 a ,p C, -g o 8 .a. 0 o H › ac W A w U a a VI 3� N ,� g� �•° $ 8 0 8 p ° cm v v U pp Q OQj 1 O as �+ �' O_ T-. .'g Y O ° b b '8 a. ti 0 Ti 4y o a m 0,s H a 8d U w 8 E '2 rn n, 'a`"'t U _ R a d In `�F, Z x ki co j o '1U,-- .n wg g' .oi -. •W5^y P ,, go § CC o of g H �, ° ° ,,; ',��5 m ° 3 4 m `> a v N c 3 -8 q v jou 3 '$ S� a 2 0 �' o a p, va .d m oSa'"cj w �`E - fit. Ea .1q - F. w a b E °'3 t tEoF FI as G 0 �1 q g ,G U� a TI .nom �6 H P• �4 A 8 m 18 t 5 m w fl =dflhih � U�o o h.S.� o N �' giu vw o w W 2 a „'06 'U aa oo o "��.4. '7''NE�, P.4.” a7 m og oUu.0 m oua ma AG c 7_ GGFb ° ° 6oa v'1P° `da'x oQ o O eAc 'v a.7 a ,xo b 6 baa', o`° - �' a ,. . F+ om ° Cc ❑ v a . 'g ao H B 8 ,,ggv gm aE�° � -.c l 2 Nur' E -°q o tm� o °W W aigi--a- ixaFaWf� uF F $thC-aa �¢ a 3 'gi« GW 2 88 8 8 8 8 U 88 01 8 8 8 8 8 8 8 8 8 8 8 w T4 w w w R a a w a y a. w w w w a ,, 8 w o a w a w 'w a s w a s a p e I 1 'i 1 Y a ' l- a 1 -2 I i -g a F I' o • a a .4 4 a w a a a s a s4 x N ti 01 .. b h � V N ° N m •. h b F.' h. � b 0 0 00 r0n N b .0 0 , h 0bb Vb ,bb v1b bbMh "t.d •O ''':‘-i''' - bbbbhb ''f'.3 'VhV- b-b bV — b b b b 1 1 9 Ib '. 0'1 '° ' 9 00 00 M 0 00 0 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 00 00 00 00 00 00 CO 00 00 CO 00 00 00 Ohm Os Na NN NN O O O O o N N N N O O O O O M NMO V V V a H O M M O O O O O O O O O O OO O O O O O O O O M ogqM op 0N N 0 MOOqoq qqqqo0oM q o 0 o OM q q oM q q M q Mo M 00 m' 00 0 00 00 00 m 00 o0 o& m' 00 o o; 07' o o0 00 00 00 00 oa 0u 00 CO 00 00 CO 00 00 00 00 00 U '_' r '/moi .. N Oh 04 ,. •N-� W N O M W VV V. V' V' a 7 A A '<', b b b O. V .f. O. a0 b h M N b M N •� V' 0,O. .Nr h N , 04 CS N VI M CO O O C.'. O O 01 •+ N C .A C' M 00 Oc 0 N cn Nct 0 .D Nh co �py� O .-. m M 7 N b h 00 0• O N 4 a, V h 00 01 - N N N N N ,"t N N N N N N N N N N N N N (N- N N N N N N N N N N N N N N <V- N (4 C N ( N N N N N N N N N cV N N N N CMI Pt-',"VA O0V NA N N-N• N N N - N <t rd+ :,' b11m • qp m a N N a.g Um a q o o ° g• N At• o 8 at FP E R :M — 3 0 5 U v .x M e o o 0 0 W rt O hN- Y N 0 Po0 i N N N x F , 3 u m 'ad qm U • U g 1 E'Ai a y 5 m 0 i E s a a ' '. m m ,0-0• m C.T`a3 U U 7:T o �yE. � a vv^3 a as ,0 -0a v a a 8 a u W y 1 %o N ag Sa EA° °2 8 g 2 t m 3H .. , HA: H2U3A30A • ./1......,. N N N N o o 'o '8'H 'a 'o 4 x x 4 JG x X w 4 v°'i M N M N e e t 40 N M M M • q y' m m oO m m m m m m ' Cr O `Cr O O O O t,-, O O 66 O O O 6 O .. O O o odO O 0 0 m• W m W aS m o0 m CO h N O O 0, 01 . V1 N to b �O O O . b Q N N N N N N N N N N N'CI N N N N ' N N 13•b b 1 • 0 ,f • 1 li q t^ • . • Po g ak ......-j . . II Or '. { 0 w LEI �l "I .111116.- .'' e. ic(s, 6 o ' . . .• ,--... , ,, . , . . . • , A ;. ,..02' ru . o T ' A I 4$1\ .:._. • -, ,, • ruo I 111 2. 0 . -'All 4 Ea OC OO k .4 1...e, rel t'.''' . I:, . ..• ,,,p , 4 . . ice 4 ii z, ,_ . J _ Q W N • ?L z j 0 :zCsILCO= Q�� �I/+� rill -o Y! F N pa°W .D Z*'w� O1' Ute' aQ w o 0 < m 0�=z �'$. " . o 00 g (5��og_ �� . L itc1.13 ; !ti l! to F! LCs �{ttss�, , I Q Cd°a N A • • 4.i ` 1 pfiectga ON N a = O . ill • _ w ��- � .r SidneyFuke, Planning Consultant Pt A IlYs. r.r±++�•r,. 7. • Rill. 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 Pt;',', l't i?is •Planning•Variance•Zoning Telephone: (808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail: sidfuke@hawaiiantel.net „�.� •Environmental Reports 7' °_.y ! 9 Nit: " 2 May 19, 2010 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. BJ Leithead Todd: Subject: Surrounding Property Owner Notification and Posting of Variance Application Sign Applicant: 1250 Oceanside Partners TMK: 7-9-012: 004, 006, 011, 029 and 034; TMK: 8-1-004: 003, 064, 065,068 and 070; TMK: 8-1-032: 054; TMK: 8-1-033: 013 through 017; and TMK: 8-1-026: 057 and 8-1-032: 054 Pursuant to the surrounding property owner notification and sign posting requirements,please find enclosed two affidavits relating to the subject application. One affirms that the sign(with photos) of the application has been posted. The other relates to a notice being sent to surrounding property owners. We trust that these affidavits satisfy the surrounding property owner notification and sign component requirements of the subject application. If not or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. incerely, *1\4/0\1\11/v SIDNEYFUKE Planning Consultant Enclosures Copy— 1250 Oceanside Partners w/o enclosures via email SCANNE 1 . MAY ” 7019 - By: - v - ef -�--.,� - AFFIDAVIT OF ERICH PURCELL I,Erich Purcell, being first duly sworn,on oath deposes and says that I had the sign posted pursuant to Section 25-2-13,Hawaii County Code,relating to the Variance application covered by TMK: 7-9-012: 004, 006,011,029 and 034;TMK: 8-1-004: 003, 064,065, 068 and 070;TMK: 8-1-032: 054; TMK: 8-1-033: 013 through 017; andTMK: 8-1-026: 057 and 8-1-032: 054 A photograph of this sign is attached. Further affiant sayeth not. • is// ICH PURCELL Subscribed and sworn to before me this /Ay of , 2010����e'�P:VeivNFr •�'r��� ' %i ` Q • �DT •N"r = 4�i •mac NO.83 I it- M commission expires: �41);•,pU ` •%* Doc.Dabc:CT//61/1) #Pages:—L._ Name:Barbara E.Ne C' it Doc.Description Notary Signature Dstd NOTARY CERTIFICATION 4. Notification ofP.nd(ng Ap*Ncatoa r /QCs-.mVolum*k'n • .- .�ixr,�"� , ,.�'!p Nu�lr'ottms.EdUlryx Pmos.,,,C55- P-apvly 1•55a.Aa= Tat Hapifcr. MOIL 094 DM 611,623 cod 674 11%s 667•1:44,6E5 ! .6?aand 07o.nli•5-7-037:ai4.a-I4?3 Its. 013.%tow%Gtr.T/Y.M1$20'h51 rJ _ I • • y • • 55• �. op" SS•�S! tk J"^SVS i 1 '14:yT E `• r, a • • R. ; f,f - —�g ROAD �CLOSED., _.� Halekii Entrance is vs i., F,,.,fit — _ ,N - fi_ + — .. k1• _ - _ c L. N. ,T .,, :- 4_ ..,.... .., ,, , . , ......s. ,, .. ...w.s..4...ti. .. ..... ,,,.. _ i„,... , • vil� r may., w "�M:. . e'�.. , 'r�, .:r:-...r . . ,..._,.,. .....;...Axa,...... .• .„.....5...., , , . •.. , , -. ,,,,,g'4 - I • Alii Entrance 3/ • AFFIDAVIT OF Erich Purcell,being first duly sworn,on oath deposes and says that I mailed the attached memorandum Road Variance Application and its related enclosures for proposed variance application affecting a 1,552+acre project referred to as Hokulia. The project is covered by the following tax map keys: 7-9-012: 004,006, 011,029 and 034 8-1-004: 003,064,065,068 and 070 - 8-1-032: 054; 8-1-033: 013 through 017; 8-1-026: 057; and 8-1-032: 054 This notice is attached as Exhibit A. This notice was mailed to the known surrounding property owners located within 500 feet of the perimeter boundary of the subject parcels by the undersigned on behalf of the applicant, 1250 Oceanside Partners, A list of the persons notified is attached as Exhibit B. Further affiant sayeth not. / Erich PurcellE. T'qq '•�! Subscribed and sworn to before me this to day of May, 2010. S:47: , (Or • // : NO.03465 1/1309.4 My commission expires: II/of e. // Doc.Date:_5 /$ !D #Pages:, / Name:Barbara E.N -Third it Doc. Description: /1/ Lq1a6Z/ Notary Signature NOTARY CERTIFICATION SidneyFuke, Planning Consultant • 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance.Zoning Telephone:(808)969-1522•Fax:(808)969.7996 •Subdivision•Land Use Permits E-mail: sidfuke@hawaiiantel.net •Environmental Reports DATE: May 17, 2010 TO: Surrounding Property Owners FROM: Sidney Fuke \-\)\)\\\/ RE: Roadway Variance Application -- 1250 Oceanside Partners North and South Kona, HI, TMK: 7-9-12: various; 8-1-04: various; 8-1- 32: 54; 8-1-33: various; 8-1-26: 57; and 8-1-32: 54 On April 21, 2010, the Planning Department received a variance application filed by this office on behalf of 1250 Oceanside Partners, The variance was to allow relief from the roadway requirement of the Subdivision Code. Location: The subject site is a 1,552+acre project called Hokulia. The project is located in central Kona and straddles the districts of South and North Kona. More specifically, it is located on the makai side of the Mamalahoa Highway near the town of Kealakekua. One of its principal access is the extension of Haleki'i Street, while the other is from a County standard road constructed by the applicant and commonly referred to as the Hokulia by-pass, (See attached location map.) Nature of Request: The applicant proposes to create a maximum 665 one (1) acre sized lots. To date, 2 of the 3 phases have been completed and granted final subdivision approval. Phase III is still pending. (See attached subdivision map). The applicant intends to utilize an existing and proposed private 20-foot wide roadway within 50-and 60-foot wide rights-of-way, The Subdivision Code requires the construction of a minimum County agricultural standard roadway to service the existing and proposed lots. The agricultural standard calls for a minimum 20-foot wide pavement within a minimum 50-foot wide right-of-way with the entire right-of- way (shoulders and swales)to be graded and paved. It is the requirement from grading and paving the balance of the right-of-way that the applicant is requesting relief from. The applicant believes that the existing and proposed 20 foot wide paved road is more than adequate to accommodate the project. There will be grassed shoulders, Further, paving the entire right-of-way would create the illusion of a 50- to 60-foot wide road, and that would be incongruous with the rural character of the area. Additionally, paving the shoulders and swales would increase the amount of impervious surface. This could have a potential surface runoff problem in this area. EXHIBIT A r` Surrounding Property Owners May 17, 2010 Page 2 Finally, the roads will be privately owned and maintained and hence there would be no public burden in their maintenance and/or liability. Commentina Opportunity: The Planning Director will render a decision no later than July 5, 2010. Please feel free to provide any comments you may have on this request directly to the Director preferably before but in either case no later than July 5, 2010. Further information on this matter can be obtained either by contacting this office at 969-1522 or the County Planning Department at 961-8288 (101 Pauahi Street, Hilo, HI 96720). This notice comes to you in accordance with Section 23-17 of the Subdivision Code which requires notification of this application to property owners located within 500 feet of the perimeter boundary of the subject property. Thank you very much. Enclosures EXHIBIT \\\\\ 4\ ,. I .. i, \ , \\,. .. , \, Qt, 6/ ,., ........„, • . , __•0;,,:t.,_,:,.0. . , , . . Y ) A Lk\ \ \ .......) t-Ir" ---------------- -.....,, .,.; - ..,.....-„, - EQL___I?E EXHIBIT A i x b z Ill 2 w w w w w 9 1) p e g WO. a 14)a O. M 8• Y Nva 1 _ C9 4 4,1n W LIi alai T a u? l3 ��7 ...- ` i}-c i 2> 109430.AIDQ i g: ( i ,d� Q o ` iii I i III; E • iAligilii ran 1111!.watli ii,iummi al col La I W RPM d _I 0 oat tili '3 aa.. cn L--------.1v0A tew 4m. .. .iffi *tit f 1 aw Vt.)Ijr*!, lk titlIV Nell I', . , _ Imo .404,0469,.,.... ,,, , # . , -,., .. v 0,./:*11.1131;,--,,,._,. ....4 lit64lit* i Ork ,} g ► !I . M • t ! 0"' A r i ! 1 4 11: 1 '-" j0014.01 ' K 1 �� a i 3 !� }�K , `©`Lilj i a o \IP j c1;. e4Ami. 4 .+ r cr 0- f > a a a t -, c�; 4d a u� t I � ILL < w Ii NW a.z �a. 0fz a. a z FIGURE 2 EXHIBIT A o v un oO M 0 0 0 0 0 0 0 0 0 0 0 mt o 0 0 't 0 0 0 0 0 0 0 0 0 x 0 0 0U) 0 0 0 in o HM .-t ui N a a in In Nu-) in uIn ul o N N Nn o N N- N 1,r) Vl ul V) N- a o Ls-) to N u-)l Ln h h h m h oO h h h h h h h h h h h h h h h h h h h h h h h h h h h h N h h h h 01 tp 1.0 a t0 t0 t0 4.0 4.0 CO t0 CO 4.0 1.0 CD 1.0 t0 t0 cD 1.0 1-0 1.0 10 VD t0 CO CO t0 CO t0 CO to t0 1.0 1.0 t0 1.0 CD a 0, 01 00 01 01 01 01 01 O1 O1 01 01 O1 O1 01 O1 O1 01 0/ 01 01 01 01 O 01 C1 01 01 01 Cl 01 01 01 01 01 Cl Cl N • I- I I D I S I 2 I I 2 2 2 2 I I 2 2 I I I S 2 I 2 2 I I 2 2 2 I 2 2 I I 2 I M ° t° tO fO t0 M f0 to to CO to to 0 fa 00 to 0 ra to t0 t0 00 to to f0 ° t° CO r° t° t0 cU O ° 0 0 C C O 0 0 0 0 0 0 ° 0 0 0 ° 0 0 0 0 0 0 = C ° 0 0 0 O 0 N , U 0 0 Y Y ° ° �G .Y -]C _se Y �C Y U .. Y ,G U _x Y . .Y _se .X Y 0 U Y -V -V 00 -V .Y N c ° 0 UJ N Y Y 0) 0 01 C1 N N 0) C 01 C) 0) C a) v v v a) 01 a)SC Y C O1 0) d 0 01 0) > CO Y fl. Y_ 0 tO tO = =• m m ro m m m m y c N ttoo r0 m ttoo m m m to s, too cv to to m m u al cu tttop °° ??� o a0) a0i 'm 'to 0J 0 ami aa) cu aa) aa) to aa)) w aCO ai m p v a1 W 0at °i aa)) v v 'co r0CUami tU aa)) 0 0i aa)) 0 Y U S > 2 Y Y Y Y Y Y Y Y Y Y Y U Y Y Y U I Y Y Y Y Y Y Y Y U Y Y Y S Y Y cC 03 X AM 0 to 0 ami 4, .4, oc a u1 h ° cu a) m C m o o m 01 0) a) co y,, .-I t0 Vl y h M N , m 0 .c m C/ o N N h u 0) N 01 a cu 0l m Ln .L v , s-i u1 Vt V1 .-I h V1 Lr) 00 h E .-i O O .-I +. + 00 ty h 00 to � en N t_ 0) r'1 N f0 cu M 00 01 fa d' e-i C .-i 01 01 .-I 01 0. V) V) N •` u1 .-i i N 01 .--I X ?-„ +' v x x c x x x x x t_ x x x X a x a) x x to x x x o a1 '^ ‘- 4..) 00 = a) 0 0 0 3 0 o w o 0 0 0 +, c h of 0 0 0 .- o 0 0 m C) V1 0) Vl co co .x (° m h m m 2 m m > m 0 00 m Vl h t0 @ m - CO = CO CO j CO CO CO d' c.1 u ° D, 0f°) u u Y v U u u f 0 v u U' u u u u g Q N •h-+ Q Li-) Q 0,) d u u , u u c01i *m-i O H rrT) O O N O m O O xEE O O O O O O a Ln m m° lmp m tt0 O O O O O O 401 m m }+ 00 ++ y., m ++ ++ y., +. tD tD tD ++ tD ++ ++ tD +J N D" NQ1 lD eel ND '0" 0 a4 lit O Vi 1�if t o Vi i VI ,/r `A yr o'H O Q Q , of t N N Vl `/f O O N O1 00 N O O M m 0 O O 00 O O t0 O O O O O .-1 .-i O t0 O O .-i O O O CC 0. co a co h 0_ a N N 0_ 0_ G. 0. 00 0. 0. 00 0. 0. 0- 0. .i CO 0. 0. CO00 0_ CO 0- N a a °o a 0. 0. a CC U • to '° (13 c +-, E to 0 a) co LO =u1 L t`o ++ 0 ` O 0 N 0- a 7 a C W n c Li E co i 0) CO . c E Yn O aa) . Qt ' 0- 0 •C O 0 x ra uril O E o f- v't"ti ❑ i E •p ❑ -`, 2 2 u to O 0 0 T ra > a•+ cu u `' vt •C \ O `n .D }, 10 2 r rtv H p 'O j c=.. r0O Y F� tea 2 io 'to .+., C F-' •j 't'i, u OD L J y to >. to t° L. C I- ,4, d W Y 0 a, p) t_ V1 I- '-'. -- Lc, ) o .oc a°r m 7 ' v .E i E o co a �`J1 -o -' c c Y •c :° °c m 2 , °1 a) o E ~ y C 3 U c ° 'c ° — ra fo N N 01 Y .0 .N 'CI ° 01 'L7 C a1 •'O N C of >i CJ C• c C ° o ra U 5 0 E L to to ° ._.1 0 z V_t VI c E '1= .c c c o °Zi CO uo c v m d .0 °. E R. ap c CO E a U N Y °s .Q .' o4 Z t 2 rn F°- J o -9 q a3 o ff rca c a0) a ti rc° l� N O N 071 >- ta 00 5 .° Y o0 0Z1 u U tr v O Y Y U 0 06 I- of < 'A' 071 Q ~ v = m .. ( m .0 c tv u U to it U C 0 c-4 Y cv Q c v ~ 1= c °� v E o u' v o z v +.° c -, ° v 0) 01c v v }o� o c c to L a c = a > v - _ , r0 I- -O U fC0 E C C C C ac) 00 0 0"" .c .0C C .0 r_`° 1_013 r_T° i° 0 00 t >. to tc0 t`0 COtor>o a>) ° -W, 0 •0 a'1 `0 19 G ¢ d ¢ ¢ ¢ ¢ CO m m CO 0 U U 0 0 0 U 0 0 U V U U ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ui w w h P a 6 o h onm K • u C u . • y 03 N 00 ^ 00 I 00 F a a T V 0 3 1 Aie x 0 O @0 C H OE , % W -a W "e •o.> F m d 4 m p H v m ',20N E ,,w70 0 u g o 3 • a $ g 1 o s N NNV TOQ bNM{{ C'4 N aa fft N0 CO nnVQyy8- 01N—G, 0yOnNOM a,AVo �n 0O O r 41 N N QQ O ,a O ul n os n N ,O 0? O! ..,O t Op O N 53 T 5g, 2 55 25 5g g a 55 a�- p n VS,°' a a a a a 55'a a W 2 Or a Cg Op,a 55 r a 51 a W T n 8 OI'D"^ N 8 ^Vb O O C d 6 ,3y m R q p C ti gg'� 00 =^ nN7 ,m m C z V a 42 Y U ,3, Q 6 a t# H a 6 w Sw Q x dn1�7rg.� 6 xax r o x px x o x ¢0. u oiNaQ [] 1 cz cx e=°< 3n a�.,,..l °Qx cU c A3 Z - e c x a0 ed c gc G a V •W p C ti % " 44 S gk>^; �n ❑ 'o V 4,«>C ex-1-9r 4 4 § 141i344('-' 44 ---g a ^+ • Rt W 7-,, Q 3 _ O � • _ p � ,-462 V F".--.�Q c p p u..cc. c e q w 50 m m u a se c..51.m o u'" Rq qq $ S�,C i. o . . . bet .,_u,' a O g A .^_", C o V' • E. TU 0C^ g:. p? rV z Q „^K. v.1 U `N W C a 7 _ p O O p ; `° �i ..1.',9.0 3 � �m a �o'^Ti cg o:e �A c'o a o w._ .m �u� �L °= a° ta',.`c off''...' �.^.^,..4'o� �•�. [ g a� 3 $ z Fap„�v, 0 ,y, ,y, 7xs4�mymg2,.C7 V g.(P)3 2maEa°7az A Qi§z,,(Ag(Ajti44.1aLI(A, 8A2, • 0 O e g . in :c ¢ .R ¢ E s I a 5< o I. ¢ z - V e 03 en <O 't'' ". ,`,i,' q s s V,.� , 0 00 N N 0) W— 00 Z CO N fA V. 00 1M O c0 gX �¢ ° z X m u 'o• b6 ?' u 2 d 3 x >.p o W o c t a v a' ,1 3 u "a" wo' .5,, Vg, 2Ggi›. `' gm; '.inp04... y °zq 'G" 8 = YS$ " �y `° N11 >aa0 1 t. " LU aC 0-O a = K'Cp�`., ,0 " .,5, ,--E a1 ° . m > 0 0 u[n > y a.V o 0 5TJ a. ' ¢ max ?p >j 0 a -4 . .. ' > e m S 4,,,,0'2-8:Q0320501 m '0;o y o p] " t, ' 2,,•.8 1 ti o m > °.8 § VOA of ii a iii `�.a. g v'Ci,� .' (a >.8°V • 5 Aax a ryiEW ° ,4 a a�4z p•v1i 2" ua p- w w '" 5 zV_ k oza2 N " > o Q 5 ° c? 7;- e' �o ; 3 t 5UQ c; '� og a 1 0 3 `u o c o �u aS m � � u � C E sp� �� 3 q i.� m B h (�1.0 r1 (�Ryl1 TEDD, ..4,A al pa EL.v� 4-w p 0.11.v,hx 0 3-4 oz ea,a0 o:a 3 !_-, 00 �1".'vi j`r w� .`o a.0�azp mom,",W1�p"�+ „0 0 0o O N ..+__ _ _ S y V_Q.0 r0�1 O N 0 g 4 O N h M m o, c I N VOl 0 N V M ,!1 n N”,0�0 i/ O t1' tV O vl O N 0 0.n N 0 N ,,00 N ,+!0.?p.0.P.p,b,)1 H N I�0.54,0 b N!�? h V1,p '7 M„, P P N Nf vt 0b!` l�b r N N r V P h h N I, o8 g. G > s 5 C °' ec w p a 4 b y � _.d v el E U` O c * •`� °•1 $g. W Ec .` "q °C"a o >,u F r -g.c u siF, I'�. B >, .o— ° 0< t4 o m ° QV o ,`n' ov�t g-i.n >.e fl . r 0 a o )4 vi ec c o•s A g ,o� .c m O g g % 46... ° "A .J ° C j ° ro � o o "p .�GQ a y+vd°C �1xg cA0 kuiFo.'iv4i,]m111 254,'!.zgs4>o3 ti(O�a2aA E i6.1 a'• x d e C°c 2 m•x„'` c e a$ o C L'4 Q , C C W C a °i�° a u,i 11 K �' C e.6 C^m l e a L a- 2i9922y p y 42 cv.'22QQ,12cc o2 'pp.2 dvaA.„ •gg"g 22' 22 °2^ p28V1, N k01 Q ,, ,, 3c''9'Z❑❑01a R gF'.2os V n E" F W 4a,43 d p4a px m0..- m01 n W V ^1i 0, qiw 01<Qg-,Vyi3 m ,. y' e 0 .Q g. O p r 44; ,0 CU C 4 SI S m .mg U • 0 x3 i pp S N p g 4. c°N r? O c0 h Yml b W VN1 n Vi a W O ry' O b a0 gN Vel O b b T a O� ^� T P a b Ory. P N N rnn nrno.��ooco�.rnrnrnrnrnrnoo$ oornw�o,�°prn a rn��od,00 o.rn rn cornCO CO G W 4 w 3 < 0 ' a z o 0 qq c m a aQ �U N na x x w a o' c U S c5 oQ t7 F^, Q U6U V S2 U n� c q3 a `� C W xN VU~' V iv c °� eS W e x w`axa F6U w u Q=aU68 d3 u u 8 8 mai 8.^o_,� a v o 4 8 i ? 01 0 0 t o ur o '.u" 0. �`aFFU 3U K .3 g cx o g w^ A' Lr11 . u Xz :0: „-.8 -.41,, 0 yX 26? • V u d oPG F`m c'n .UXti e u s, m o a 2 o� _.o U 2 v o u�`a.-a ..e§ W c 's s a' q q m Sm q d==0 E ? ? o:74.0E. o 'o m Se aa1•aaQmq..1it BE.r�."�322g>r°eX (53zc$wFae 4 63wS332 v„ w 64.s`�xz am s/ 4662 cwacX.1F u- 0 u o 4 Ko 00 E E E. .T. N o-,1 N N N S ; ' .G 1 8 s u u .n a q u Z r4 2 o g 5 o p z K t, .0".c° s .n . 3.y V X 2 co t1 Da ti b ego Hz° u°l,y •m V��° :� z NI 0. :F ' ii P. � '� c un h p m 0 v'^i a S ono oo Z x a co n a:X ',Co' ono on a t °m C•r`-'; 8U a o k, m EunV 'ca 8 1 g> V m .a p O1 X'E a. Z °C of �°i o L� `^ o d > ...n x 3;'� o f o e .mn a P. 0 k.cU A F U O Oro '8 s° ,, m e uF a u F u v mNa}�m o CX0of U a x x o4 tom-g; x g(J 0 Eu2- - ° ay 31 x .d a c uOlAti x ' n m oU5 a a F, >'o pp 1,e°1 3 of e.g .0 g R '^ a r° 0 8 6 0 x o6 . o a O-1.g . q.3 E G1 W 8 Z`E Pi m 3 7 b e ''F't m o Q u ° a3i F' n 8 awo'.'a E n ^vii> 3 0 `8 .0•E o m,1 a ° g� o z u m of� 8 8:'c :c �'m a.:g m m c� 8'a_ 45. >.X V�°�� a X Q D4 "-',..;"S' ,., .o� 5 �' 8 b. aO �i3 ° 8 C � c pc a >.o�c x m s c a x x x �n ..7 a o u m a u F Z4‘,41 <44.9444' 5 V.0 S k'C g..!1�? ..?.0084 6t 02 rnctW°C1fC°O5N N uNoaMV EM u ? 80i,,P3ma0O a Wev� ay 0 yW sn m'3 r4 CI)c.,. `m o t-,., oso,ag2onOOO g °oo W 0002'=e sE'o § r-,- g ,nvp�a o o rn 0 °Joo ° = o 'na1� 0, �s vg' no. avZi vrv. ,o P. a:a.awgmXli nOnnNO•o n .•' `rZn•eva h .nn ��nm� a. n'n n.F0 n morn cc 1.a n E gO 0, y .ti .0 .`, Ly o 1 `o E C = 8 .E 00 g E 'J 3 3 u e'E a a c • c a. ° gg g'g mm �n ^R' oq E = .m s ..... ... 15-; z E.. ,. . . .se v oai ° 0 `o''a 8�6c'ct a a: a •. y> m t. C4' .c z o mi 0? °o n 1-S 6- U F °�•C aJ co c mi 9 x•o m aCi e ,. 00,,i°,4' xvc //[ u u 3 x t .F 1i `n 0 04..gp y cap 8 E 0 0,0 Si g °a' E o b o B m w y 8 o m.xa:out 'a G.c1.c uxuo .c gcV t '6 > 3 �icE-0E u Ea° '- 3 ° 88 - eabEg is xa�z8 �s.,-x �'.uu5" z,6 E� 0az"° uPa. amp3ea x 333t'a .;., 6, - " ww a u ata e. c'' S(� q x 3 d ja' 4 . E U u g E 2 a a, g 2 X 8 V 2 o a g C E m a c t E E 0/ 0/ 0 k 1:g/ g 0 m v V s I a e o a ° a p 'a X b ^o.0 m o o v.0c s . .E,1:G 2 2 N.mc c 1 2 X b X v X 0:2 .0 a v U I L° $'a H, H-'0 9 3c4 gaS Sa3�3,.g gu1zz 8Ia-. 0.0AwUas a3/U ai waxai as 8ai 8 a! F.-.F2 °a aS 3 13..1 W›^ ma}*,21.a c°ait' se >, t+ u iC o c 0c'.! 'F•' aa• 2cexa 2 ; as 0 - '� y 2 aa.ai _52 K ° arnrn� g ett aE- dc :ii od oi[ g YF om n E U �' a [ °L' s-o.'5 ck a >F. e a o w' S y7a U..] 4 t aF'> v tt$ w m a ^' n;a.o.o a n a :.a�_. k.-' 'a ,U� �i T >'y F.0 8 o w'> S::i_ p o R. as ,11- a E›,a o-- 04 aE VF j' a 3A'aa•,Q _ o u '2 0 v" U 1/_,,g..5 E >24....:5?'k c «• v. S C-. U u g U 3 u..7 3 0 c c U U - a .a7 '' to 2 u o c a ° > a '? > E .s.'k.!a g p.a E�0' >,v-:=t o 0..i ` . o a x a 8 w A•= .0 a. W •2 c rt m a O O •p 0 0 �{ '0 p N Ot N h N 0 N N r N O 00o O pO e.._00. N.I-ss0{o.N N ON O 0- a N col 0 N n-pq 0 O 0 N Q In N N O O a O2 0 0 CMf N O H O h c0.tT a'Y co Off.a. SD l W b b P 0.0 7 n coo b a°s O,a O.N T oo i oo os OMs co T O N•+a cn on °,000 a T cn S T Os °oi b co n co n F as co co ON U p ¢ � i F a _0''' a d a a- o^N5 o zx ^tc L, > ° a U P, z ouzo x z 0 3 Ux YMxa -` ad ZZ 8x da-t= aw z a-4¢� a G '�+x as-x su et-xa ,� - 'o `ay '6'1'4 4' �° o , o� . ti S Yf -8E-> "' 88° 8=-'4"a x . .4 �3� dU a “) ,808:07. 0.4 . °o�i c `r; N'c ,$ o u 4 5,,�4 e o=v F o oar,c c ,°n z?E?4 iti g,2 w ewa 0.o t« G d v 2 y4 c>U o t'U p y`. �L' O a a m •' E i a'F T a a v LE a u> U g to'm g 2 a 6 e, a > Th A w o w" U ti g.4.g.-3.x o•a g U•B Cp tc 43 Od x U,§ > g b E ov o x •p o e E g v. e ° V 48 .--'48 .§ t 9 C gg 8 u u a u t f f x a m e C P s o 0 :.:1?Eau"•rn aLtn z X 1.1.Fxa0pC>G33e2iz4 $ v, A00z mwa°SCa.,mN4 1a°U o.O0 a2 .�a1=4Z < .mtn, H o c, N ,0/1 p,c A '3 . r O W.o ,+1 fMry A *a o E g >U a 0 o 'o t,,4 U AO M G M a >` a°, y >3 U a '�•m o .up w U a m o u N 3 w 'a g,,e u [ `o .0 ° w Cs a 0. 003 m o UNz wO N m 5. in U to CM'0�+ .4: •a N CM ..' av .°.8 U U oo < °s 4 0 8.4 U .1". g u .°.. y�W.c+•� •.V p.�.� N N .M. 00 w O N e � -. a N N Oo 0.h h 0.# M 00 er M A fA # '5 --a MIMI g al C 'w w w a K .5 e SV N5 a O ° B a a U U : 'E on > a :3. aT3 oo, A. o 2 U u S oc2g w ° toa C o0 °o xvy 7- a0. ' .4 `z; a6 $1mA4 C 5- § Nan M .. g =0 Gg3.42, G UoU1vh°mxo 0 o ° ' o 'ilmxc A . FOv_ 6 vU>'C k k 0KN NR 3 •g� o U. 61 g. o ° Au to ,$ o vSo a o - mUoAWW byR0,qu ovpa1�` s w 1log >Nv' o 8o2 c tnm aej • aw xg 6O,2vZEtEo•c •"' 5 Mui�O " °aA `zO OmaMn a..,O0a2U 3 '"0N �OOOUmNOom Z ' C Po Off- -. NN v.,,5 U• t°co h pa °GpMeNn ° OkJWNyy NN0 ° oON °N0 pp N 00O 0,0. -ad P. 000-NL P.°.O i. n a h n N O.o P.N U ..M A N P. 4 0. 41 P.0c n •O,N N N N a Q 00 .c O v 0, W 0. ° vU.4 b C tU.. °.. � x ax Ta a x^ x= a .. = 2 ° 5 ° U o "� »ro a 5" 2''� P;•° w, ,^ Tr L, j e �g.'O.c E A� g •c •• a R d ¢i ' < u y o s P. o 4.o= ° 10 v c ffi , g B 'o x U o Y3 V. 'w A >,- g ,..6, ,g .E 3 u T, e v•2,, a C. 0 B U 3 V a:a ° of a v = O• 4 e to., o g A ° U Z 2 o e `° aC a c a ° ° ° U a > e w W u _ a S.$,^g '2' o^ i;s• x U ae iu.0 W o Us 3..i x A•^• a c on O An U ° t� .r t 8 U .Y w • . c Q C 2 a Q E $ a Ao..- v dA�m 0 •A.� c on cxa?CJ .1' P..C7. .lc . .tj°n n E U u f7 U A.:',. S 2 a•w oo i C ', C e'+ n „ 4' Y 4 x > 3. �i E vi... .c A o -i p t 2".1 in e°i t e(=m >, u �' �,W Al 'o<^ •`^'c 'S,= eY 5 unia`.'^ 2 4 v 6 O E y F ti'e �a E' e=:Lt.c-013 o 0 m § 8.8.5 e FA i t t000 G 2 5 • 3 a a ix'• t2 43 'A 43 a3 U..1 U a `. 43 A<43 ce to ° m l'33 3 d C W,n to w w 44 ad wan O CG U 1P1 31 �-;n i-, a d1 5 A ± ±.4 6X. ± X.X.AX'±X.XX X XaaaXXXXXX'zXXXZXXXXXXXX X X X X X X 2 XXX c 00 o a E V i c .a•1 P, 3 Q E• - Ee H p s P; ., m ts" c u z, a rt ', E U 0 U ..1 2 A a S S w U 2 E o A C ._1 E 'a' H g s N 'a" 2 n g ..d v t- '" Et ti u A ° U^•'a'1 S .p a u a t- .a U w y m 1�0 2 F w a 4 g t.U 4 a o o .>>' a U E o o t„-.1400 n U U 0.` > Z,r..c. > 2 u,U.t.d U e U -18,1:; t1; g..•!•�;j,`fid..i ?4 c >, 1:= x 3 U U^v 'C -1._. . '� 1 t" c .•d a.d 3 U 1 0.q S o...3 1 vw > ° .13 >ti 3?.w°• cJA 4a .d .g,r, f° do >r .d ,d.d ›..t.dB -,20` n u_ 'S� E p a.� d I N e ti 4.1 �c ,x t„c� -,a'v'.a s 8. t-2' J b g:),W m c x 8. t4 a O a rMoi ;� 5,a 8; -"'4 a.K `�,°c 54�' ' N .o.0:e`4�mea.° . K C a w 1•' 2 *t MP3 c o 0 4 3E i Q E 2 u g 2 3 1..' x.gt.ax 3.i..k.'St g I rL r_..a-, x, 2' m as i.:16c1 W W ax(5 C.)6666V A$aA6W ° o a a w w._ 0 0 0 0 0 on c IF, A 0 0 0 P. w`O(7Ox xx„'iw,.Y",.T,',tx7„T,,'C�.,T,x.Y..-: °n'.`4"n�•'. S�SEa s4?4dC TT 00 N (LI 0 S=II Ir=121 X a) V co et_ F) a.) a) 2 1-4 4, a) E 0. 0 a) co E co >- N V m Y. N _ > 01 O O e 1 stir O O O rt Ol o ct o o N 0 00 O O O d' O O O O O N u1 N .-( O N o 0 0 0 (r1 In In N O in In in 0 Cn ill m in V ci 111 In Ln 111 i11 0 in in in v1 In 01 et 01 N in d' in In Ui d' N N N N N N N N N N N N N N O N 0 N N N ro N N N N N N N N N 00 N N N N N N LO LO LO N on LD LO LO 1.0 L0 L0 10 LO LO 00 L0 N 1.0 lD LD -° LO LO LO LD 7.0 LD LO LD lb IO LO o L0 Lb 10 10 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 ro o1 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 C ro V CC a aa 2 2 2 0 2 2 T 2 2 2 2 2 2 2 2 0 2 T 2 m 2 2 2 2 2 2 2 2 2 = 2 5 2 2 2 2 Y Y Y co ro 0 ro (o ro ° ro to m m ro m (0 0 m m CO CO m ro ro ro m m m O O QJ ° O 3 3 ° O 3 c Y c c c c O c c c c c C c c c c C 3 Y Y -0 ,- V Y Y Y V 3 Y Y O (11 Y �• Y Y Y - Y Y Y Y Y al O 3 0 Y m Y Y Y o O W 0) 0 C al al aJ C O 01 al Y aJ a1 Ol a1 a! 7• C N N a1 QJ a1 ro s 0) d a1 01 Y Y Y @ Cl Y Y Y = Y m Y f0 .- Y m Y Y Y m - Y Y Y Y Y c @ m 3 Y a Y .Y Y 00 3 m ro ro ,m„ ro ro ro ,Lm, 3 m 3 ro O V to 0 ro ro m ,)a m m m m ro ro O 0. 0 m -O ro m m 0 ro ro (0 'L'' 40 a �o m m a 10 o , m To a) ro To m C ❑. m ro ro ro ro 'ro ',T3 c o L. ( To i0 .=� Y Y Y 0. L5 U Y 9 9 U Y Y Y Y SmL 2 Y 1- a) Y Y co U Y Y Y Y Y 5 Y 3 2 2 2 2 2 9 0 X 8yy�U p M M O y a v-i 117 01 3 0 m N Ot +` im. O O 'O co (r1 N N Ill 01 0Nl +'' (n - Iin ct a1 N . ."' O {/1 N ++ T dp' 1.0 00 m 01 N C CO a) N e-1 m N M `. in <-1 C• O e1' 1n 3 et LO W ONO O N C eN-I ro u N 3 0 m d' IO1n m 01 ro N '- L0 N _ m N ro <-I Ln o <-1 LA ri C N 00 L <-1 Ln N C m m .-1 <-1 <-1 N .-1 O O et E (0 O .In O O .m N O -Y O In > O .0 0 0 0 tux O .I^ O xO O C O Y 0' 00 CO O 00 0 00 m m LO p a m m m S o m rum o a m y m Cn m a m m 5- m m m (Lica C 'tO m m m m CO u u N § i u u u = m u u = *_' u u 1J UW u u 2 u u u � 31 u 3 N ea a v d 8t� D o m u'1 0 8, 0 0 ,0 m 0 = O 4 L0 0 W O O p ao 0 0 l p 0 O M 0 41 p p N O O 0 0 4-,, , CD "O N V CY1 • 4, ++ '-1 0 ++ F+ 4+ 03 N a+ LD 4, .N ++ L0 N .-i 0 ++ '"4 N ++ ++ �n ut O w N VI , 00 v1 O 'rn .n in 01 v1 v1 , v1 v1 ut , w , CO v1 N .n �i aa0. vQataOoaa°. 03O. a .N•IaN .H-I aooaaa .�-1aa03aa0. COa0a1rIarN•Iaaa0. wl M i H ua) 03 p a1 I w H Y y T ,� C ` Rs ro O l9 i ro -- G ~Oh0 to CO 0. _ t�.1 _0) to ..0 H to N > 0 J d 06 C 01 •� m 3 1- p .O se m coCa) N N T .00 ++ C E U- 4-, m 0 -� y ~ r-' 1— To H o v ` N �, 0 n _ E vi m o ` a m °�� a O �o act o y a+ ? c 1`- a, 3 >„ - _c c g c °J CU +" ` c a -, C > co' c a.+ .: Ln ro t0 L: i. (0 O O .n ati . ` 1- N 0) C .. � C IVo v ar c o Io - o �. :° aroi m f0 as m V c M h yr P ro v = m c°a -c oZS Y i 3 0 O -o 3 c0 2 ro COC '^ LD 0t$ m U -'' t;'o 3 (/1 a"' fCa V m ° C y°. -NA v 0 'm ,-, ro aJ p o V co c 1- 3 1'1' .0 2 •c di a C ro o2S LL C -0 3 m V = -I 1- df 2 _; W m Y s U as m 'o " _ = 0 ("a 1- 0 c L117 J 3 a p d 1- m ro ro CW-C m m (a.) m m y a m ,a$ at ro m 0 Y o 'O vL v a -p -o a1 a a` a >~ C rn m mV) N 3 2 ro u u u U - Q. a � '` .1 Y m a �. >. °a1 .C .c m . c �. E cca r' c a, a1 E 0 = o 2 E- E ' � a` ZZZOaaaaaggc°cERfmz° m° t° mzi5i, ItAeAATF- 2 - 3333 ' , O Q1 .-i N N In O 0 lO 0 0 0 0 0 e-i O O s:t O u1 0 0 0 0 u1 CD 0 0 N 0 O 10 0 O O or LA CO ul M LO N s-i et u1 to O Ln N ul 1n V1 N V1 LA O LA •-1 LA LA to u7 N to LA In 4-1 LA LA N LA M LA O or u1 t~D LN0 OM1 � CO t^0 W. t^0 N N t^0 W l0 t~0 tn00 0 WI t1D l0 W 0D O l^0 lD t~0 100 l10 t^0 lD (^D t'0 110 L00 CO^ 'ND O lh0 t^0 '.0 N 01 01 10Cr) N M 01 Ol 01 01 Q1 01 a1 al 01 Cr) Cr) Cr) 01 M 01 01 01 01 01 Cr) Cr) Cr) Q1 01 01 01 01 01 01 01 01 N X X Z X h- 2 2 2 0 2 2 2 2 2 2 I . I 2 0 2 2 2 2 X 2 2 2 2 . . 2 2 CS I I I Q Y Y CO al (0 to CO ro ro ro al t0 (0 0 ro ro CO CO CO ID (0 CO CO CO 0 t0 0 (D 7 ' 'C 0 7 7 0 7 7 7 7 7 7 0 7 7 7 7 7 7 7 7 7 7 7 7 7 O G > > 0 0 Y Y 0 . . . Y = .Y . lJ . Y Y . Y CD Y Y . 0 Y .X (0 ,L vv11 Y V O - O 7 C Y Y Y Y Y Y .14 Y 7 Y .Y C Y j9 -V Y .Y SOC i Y Y Y 7 Y - 7 -v Y C Y L (0 6 V O Q ; (0 c0 > ro CO (0 CO ID 0 CO (0 j3 RI C (0 CO (0 ro = CO (0 (0 0 (D ID (0 i (0 y = a) Cro) ( OO 0 (C0 '(9 aro) CO N Oros Oro) aro) aro) aro) 0 (0 aro, tto�o C(J `++0 aro, aro, aro! al O a) Oro, Oros 0 aa)i Oro) 0 Oral >o. Oro/ m - o + Y Y tel 2 to Y Y X m Y Y Y Y Y 2 X Y 0 X < Y Y Y X 2 X Y Y 2 X X 2 X 0 Y 0 Y 0e rszs 0 N N tt.. X a) V) O 0 C - 01 C N > -0- co 'O 4-, .-1 > w U � '("' D CU O .` aJ 6l In 4., 0) d (UO C LO O e0-I LSA C O 0 C U U u1 al M O 01 e-i 0000 IOC t('1 M IDD a) v' Q1 SC d 7 er ei .-1 N 0) N N e-I +, N E ro C = et `l N -C s-I 01 d' 4, V1 (J r-1 C ei .-1 0. 3 x a °J m` x x x x 3 x x x v o f a. > L x ,L^ x 0 x x x 0 x 3 x x -' x x X ro 0 N 0 0 0 0 to 0 0 0 4- N co al i.,-3 ¢ ro 0 si 0 E 0 0 0 +., 0 ro O 0 �" 0 0 co w E m N CO m m C CO m m N m - ro CO CO CO CO CO Cn CO m m 7 al m m 3 19• u N o Z 0) u u u 0 u u u_ co N Y W Q I.4 Q u ro u_ u_ u u *iv- _U CO u _u .y N u I3.1 z 0, c0 X u z m O O O ° m d' w < tt`000 O m S S rn N m OL�0 N W 0 . 0 0 0 .H-t1 0 0 0 m 4 Qm'1 t1D H N e7.1 0 H 0 ot°o 0 0 0 1-11 o 0 0 or ad1D - 0 0 OrI-Ii co 0. N en 00 0. 0. 0. 0. 0. co 0. 0. 0. In 0. N co 00 M 00 0. co 0. N 0. 0. 0. N 0_ 00 2 CL al 0. 0. 0. N O M (D io o tri c E c ra v c cu tn O _ a) Y Y ►- al f0 f° c c yco c E U. a) o u• +, o0 0 0. 0 (`D O X c iti C 2 (O a1 C (0 ro (0 } �`_ Y_ >' F- �+ .ro 4'i N G N OJ E m cID to 1313 ..0 tly oD V 0) Ki m J o a o -( m e v 3 0 °� o a v o 0 to .- -1 o-S o c 0 c d (7o c = 0 . n 1- Q E u 0 ��9 m M C� X vi t_ C Y u Y ;� N a)Jr2U IcIa) 0. E C c E C) .to C m o� = ro 3 • ('1 ^ tcn . ro O J n3 w .� > Q ani Y .8 al F- cj C y, c 0 ro 7 E oD n. - 0 to °7D arol s a a) C _ .. >_. c c) ¢ >- > az o Y al v o o '7- E E C a� � o° ..0 °7! `°00 o CO u ° } o •°� Q E Z 02! co • y a v , Y o , 0� Li _, °c 7 ^I X. m` in Q u co z E O al CL I. ~ ro a2S V 2 'J -O 7 p Y V • ro o2S . OD 0 a) c i._• >- 0o no 0 cn '(D c E (uD o X .o .o a v .c 7 c - o a - C C c ro :c 'E ro -, Q ro u (0 d (0 N. C) 0 7 (0 N N C) 8 f0 0 03 E LL LL 0 0 W 0 U( 2 2 2 2 2 t!' t!' 2 -14 4 X Y ]roG Y Y SSC Y X Y X Y -, J J .moi 2 2 SidneyFuke, Planning Consultant :r 1.5L-V:1:1 100 Pauahi Street,Suite 212•Hilo,Hawaii 967207s7 '"'F "` 'E •Planning•Variance•Zoning i . Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail: sidfuke@hawaiiantel.net •Environmental Reports L, P f !i t2• Oil May 11, 2010 •Ms. BJ Leithead Todd,Director County Planning Department 101 Pauahi Street Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: DE FACTO ACKNOWLEDGEMENT OF VARIANCE APPLICATION - 1250 Oceanside Partners North and South Kona,Hawaii TMK: 7-9-012: 004,006,011,029 and 034; TMK: 8-1-004: 003,064, 065, 068 and 070; TMK: 8-1-032: 054; TMK: 8-1-033: 013 through 017; and TMK: 8-1-026: 057 and 8-1-032: 054 In a letter, dated April 20, 2010, the subject variance application was filed with your office. The record in your office,however, noted that the application was officially received on April 21, 2010. To date,however,neither this office nor the applicant has received any letter from your office rejecting or acknowledging receipt of the subject application. Section 25-2-3(a)provides that applications—such as this—filed with your office "shall be reviewed by the director for completeness within fifteen days from the date that the application was filed." Section 25-2-3(f) of the Zoning Code goes on to state that"If the director fails to act upon any application within the fifteen-day period, the application shall be deemed complete and shall be considered accepted as of the date the application was filed. " The application was officially time stamped by your office on April 21, 2010. As such, the fifteen(15) day review period ended on May 6, 2010. Given the sections noted above, it is my understanding and position that the application has thus, de facto, been accepted as of May 6,2010. Section 25-2-54(a) of the Zoning Code also provides that"the director shall, within sixty days after acceptance of a variance application, deny the application or approve it subject to conditions." Subsection(c) goes on to further note that"If the director fails to act within the prescribed period, the application shall be considered as having been denied, and the director shall immediately inform the applicant of such denial." Assuming the maximum sixty(60)days are needed for a decision,the latest a decision should be rendered would be July 5,2010. Again, if no action is taken by that date,the application would be considered denied and the applicant would then be able to appeal the "de facto" denial of the application directly with the County Board of Appeals. S , ,,NNED OV 3 1 3'8 Ms. BJ Leithead Todd, Director May 11,2010 Page 2 For the purpose of this application, we will proceed on the basis of the July 5,2010 deadline. Thus,unless we hear otherwise from your office within ten(10) days of the date of this letter, we will be sending out the required notices to surrounding property owners informing said persons that the application was filed, received, and anticipated to be acted upon on or before July 5, 2010. Furthermore, the required sign will be erected within ten(10) days of the date of this letter pursuant to Section 25-2-12. If any of the above is not accurate,please let us know. Otherwise, we will continue to proceed based on the above schedule and provisions. Thank you very much. Sincerely, C \s'41 SIDNEY . U Planning Consultant cc 1250 Oceanside Partners via email q SidneyFuke, Plartr„ng Consultant fifp 100 Pauahi Street, Suite 212•Hilo,Hawaii 96720 CO t t ,A,I, ;t: ,...,�,"I fanning•Variance•Zoning Telephone:(808)969-1522• Fax:(808)969-7996 s= •Subdivision•Land Use Permits E-mail: sidfuke@hawaiiantel.net •Environmental Reports F{8 SPR 4,l Al 106 April 20,2010 Ms.BJ Leithead Todd,Director County Planning Department 101 Pauahi Street Hilo,Hawaii 96720 Dear Ms.Leithead Todd: Subject: Variance Application- 1250 Oceanside Partners North and South Kona,Hawaii TMK: 7-9-012: 004,006,011, 029 and 034; TMK: 8-1-004: 003, 064, 065, 068 and 070; TMK: 8-1-032: 054; TMK: 8-1-033: 013 through 017; andTMK: 8-1-026: 057 and 8-1-032: 054 Please find enclosed for your review and processing the subject variance request. The request is essentially to allow the retention of existing and construction of new private 20-foot roadways within 50 and 60-foot wide rights-of-way without having to improve the shoulders. The Subdivision Code requires construction of at least County agricultural standard roadway to service the existing and proposed lots. The agricultural standard calls for a minimum 20-foot wide pavement within a minimum right-of-way of 50 feet. The Department of Public Works' agricultural road standards,however,require the balance of the right-of-way(shoulders and swales)to be graded and paved. It is from the improvements to the balance of the right-of-way requirement that the applicant is seeking relief from. The submittal includes the original and four(4)copies of the completed application form with a report outlining the reasons for the request. The required location map and existing and proposed subdivision maps are included with the report. Also attached are a list of the names, addresses and tax map key of all owners of property within five hundred(500) feet of the perimeter boundary of the subject property,and the $100 filing fee. - - _ 11.4 DATE /-.. I - APR 2 4,010 NO 'n 5'1 989 (/) r f,r t' ) A ' ii cli, us , i� $r} i�' [14_f %X C4 f:t 'l 1, 'i _ l l'�., t�(' ft`b'V' 7 ,_ RECEIVED FROM, i -1 1 wV f t C\ 4 til l° .*‘ — C(D F044) I ( c : fIct, • ,c,, ,,, , i1 DOLLARS i ,_._/ . _,„ , 0 1 ' FOR )ii-Cf) 2 rt ACCOUNT s 0 CASH �I" .� �,' ` _, 'I , r , ` / t'•� `� NN E Z ' r j.�_1 9,,0,�” MONEY : ROM lcF (mai ( ` i -(- ' _`_: w PAYMENT Et, 9111 t ` �` , ;' t'L� 00H7 r (4A- t, 1 53 00' BAL. DUE ' ___+ , 0 CARDIT BY -00 kl.' L. a. 1182 ...... COUNTY OF HAWAII •f4�_ ';-,1-%�•�> STATE OF HAWAII e�:fir;..•;• RESOLUTION NO. 317 12 RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOTS 10-A, 1-B AND 3-A-2, BEING TAX MAP KEYS: (3) 8-1-035:004 (POR.) (LOT 10-A), (3) 8-1-035:001 (POR.) (LOT 1-B)AND (3) 8-1-036:001 (POR.) (LOT 3-A-2), SITUATED AT HALEKI`I AND KEEKEE 1, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAII, FROM 1250 OCEANSIDE PARTNERS, A HAWAII LIMITED PARTNERSHIP. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, 1250 Oceanside Partners, a Hawai`i limited partnership, is the owner of the Road Lots 10-A, 1-B and 3-A-2, portions of which contains an area of 7.868 acres, 0.081 acre and 0.066 acre, more or less, respectively, identified as a portion of Tax Map Keys: (3) 8-1-035:004 (por.), (Lot 10-A), (3) 8-1-035:001 (por.) (Lot 1-B) and (3) 8-1-036:001 (por.) (Lot 3-A-2), situated at Haleki`i and Keekee 1, district of South Kona, Island, County and State of Hawai'i, as delineated on Exhibit"A" attached; and WHEREAS, subdivision approval for Road Lots 10-A, 1-B and 3-A-2 was granted on August 10, 2012, with the understanding that these lots will be transferred to the County of Hawaii as a secondary arterial road (rural) connected to the Mamalahoa Bypass; and WHEREAS, 1250 Oceanside Partners, a Hawai`i limited partnership is desirous of dedicating the above roadway lots to the County of Hawaii for road and drainage purposes, and the roadway lots have been inspected and approved by the County of Hawai`i Department of Public Works, and received dedication approval from the Department of Water Supply, Planning Department and Department of Environmental Management; and Exhibit "8" WHEREAS,the subject road and drainage improvements have been completed according to County of Hawaii standards, and are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawai`i County Code; and WHEREAS, Section 23-10 of the Hawaii County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Section 23-41 of the Hawaii County Code prohibits the Council from receiving by dedication any streets that are less than the minimum right-of-way and pavement widths; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the council may accept gifts, which include the dedication of land, on behalf of the County of Hawai`i. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds the subject roadway lots are in full compliance with the provisions of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, and that it is in the public interest to accept such dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, and Sections 23-10 and 23-41 of the Hawai`i County Code, that the County of Hawaii accepts the dedication of Road Lots 10-A, 1-B and 3-A-2, portions of which contains an area of 7.868 acres, 0.081 acre and 0.066 acre, more or less, respectively, identified as a portion of Tax Map Keys: (3) 8-1-035:004 (por.) (Lot 10-A), (3) 8-1-035:001 (por.) (Lot 1-B) and (3) 8-1-036:001 (por.) (Lot 3-A-2) and, delineated on Exhibit "A" attached hereto for public road and drainage purposes. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawaii; (2) the Department of Public Works; 2 Exhibit "8" (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela; and (4) 1250 Oceanside Partners, a Hawai`i limited partnership, Post Office Box 2059, Kealakekua, Hawai`i 96750. Dated at Hilo , Hawai`i, this 9th day of November , 2012. INTRODUCED BY: 0/// COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i BLAS X FORD X I hereby certify that the foregoing RESOLUTION was by IRA-FMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X 1 County of Hawai`i on November 9, 2012 ONISHI X PILAGO X ATTEST: SMART X YAGONG X A ry YOSHIMO"I'O X wicapmt(pi , , , 4. A: ', ' v_......). 8 0 1 0 U---, Reference: C-896/Waived PWIRC UUNTY CLERK CHAIRPERSON & PRESIDI G O ' ICER RESOLUTION NO. 317 12 3 Exhibit "8" .416 2a r ‘0i J r$..5S1. 1•141 1111 i LOT 3-A-1-A LOT 1-A-1 —1 ( . .141 nor 6 J DEDICATION LOCATION MAP HOKULI'A, PHASE 1 TO BE DEDICATED:HALEKI'I STREET (LOTS 10-A, 1-B AND 3-A-2) TYPE OF ROAD:80-FT. WIDE RIGHT-OF-WAY WITH 24-FT. WIDE AC PAVEMENT LENGTH OF ROAD,4.284 FEET NUMBER OF LOTS: 2 AVERAGE LOT SIZE: 52 ACRES TAX MAP KEY: 8-1-035 (3RD DIVISION) SHEET 1 OF 1 DATE APRIL 7,2012 p.\18000-18459\1 400.31\d9n\164003Ird dgn EXHIBIT "A" Exhibit "8" �MMJu4 COUNTY OF HAWAII =' STATE OF HAWAI I Ti'0F•µ'.1 BILL NO. 236 ORDINANCE NO. 08 59 (DRAFT 4) AN ORDINANCE AMENDING ORDINANCE NO. 96-8 BY AMENDING THE PORTION OF CONDITION L.4 RELATING TO THE CONSTRUCTION OF A BARRICADE OR BREAKAWAY GATE TO PREVENT THE USE OF HALEKI`I STREET AS A VEHICULAR THOROUGHFARE PRIOR TO THE OPENING OF THE ENTIRE MAMALAHOA BYPASS. ORDINANCE NO. 96-8 RECLASSIFIED LANDS FROM AGRICULTURAL 5-ACRE (A-5a) AND UNPLANNED (U) TO AGRICULTURAL 1-ACRE (A-1a) AT HONUAINO 3AD AND 4TH HOKUKANO 1sT AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1sT AND 2ND, ILIKAHI, KANAKAU 1sT AND 2ND, KALUKALU 1sT, 2ND AND 3RD, AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-9-12:4, 6, 9, 29; 8-1-4: 3, 56, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-15, 17-26, 33-38, 43; 8-1-28:1-3, 7- 18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51 (formerly 7-9-6: PORTION OF 1, 7-9-12: PORTIONS OF 3 AND 4 AND 8-1-4: PORTION OF 3), AND INCLUDED A CONDITION LA STATING THAT A BARRICADE OR BREAKAWAY GATE MEETING WITH THE REQUIREMENTS OF THE DEPARTMENT OF PUBLIC WORKS, SHALL BE INSTALLED BY THE APPLICANT AS PART OF THE REQUIRED HALEKI`I STREET IMPROVEMENTS, THE PURPOSE OF THIS CONDITION BEING TO PREVENT THE USE OF HALEKI`I STREET AS A VEHICULAR THOROUGHFARE BETWEEN THE EXISTING MAMALAHOA HIGHWAY AND A PORTION OF THE MAMALAHOA HIGHWAY BYPASS UNTIL THE ENTIRE PROPOSED MAMALAHOA HIGHWAY BYPASS BETWEEN THE APPROXIMATE VICINITY OF KEAUHOU AND CAPTAIN COOK HAS BEEN COMPLETED AND OPENED FOR GENERAL PUBLIC USE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this bill is to amend Section 3, Condition L.4 of Ordinance No. 96-8, which provided that a barricade or breakaway gate should be provided on Haleki`i Street as a vehicular thoroughfare until the entire Mamalahoa Bypass from Napo`opo`o to Keauhou is open to public travel. SECTION 2. Section 3, Condition L of Ordinance No. 96-8 is amended as follows: L. Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Exhibit "9" Haleki`i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki`i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; (4) construct the extension of Haleki`i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. [If, before the . - •. .. . . . - . • - - • - 1.4 .. . .. .. - . : J. , . portion of said bypass is completed and opened, and said portion provides . .. - - . - _ -- , . .. ... . . . -, -- with the requirements of the Department of Public \Vor" shall be improvements. The pxrpese-ef this condition is to prevent the use of Haleki`I Street as a vehicular thoroughfare between the existing -2- approximate vicinity of Kcauhou and Cap . - .. . - - -- - - : and opened for general public use; and] The use of Haleki`i Street as a public vehicular thoroughfare between the Mamalahoa Highway and the existing, northern section of the Mamalahoa Highway Bypass prior to the opening of the entire Mamalahoa Highway Bypass shall not be allowed prior to the enactment of an ordinance establishing interim controls and mitigation measures and the completion of all mitigations as stated in Conditions L.4 a. and b. even for test or temporary situations. a. The effectiveness of the amendment to the portion of Condition L.4 relating to the construction of a barricade or breakaway gate to prevent the use of Haleki`i Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Highway Bypass, shall be subject to the completion and implementation of the following mitigative measures by the appropriate departments of the County of Hawai`i. The mitigation measures applicable to Haleki`i Street shall be in accordance with appropriate engineering standards, specifications and recommendations, as follows: (1) Install three (3) speed humps above Mamao Street and three (3) speed humps below Muli Street; (2) Construct raised or textured intersections with traffic circle at the Mamao Street/Haleki`i Street intersection and at the Mull Street/Haleki`i Street intersections; (3) Install 3-dimensional speed humps on Haleki`i Street between Mamao Street and Muli Street; .01 Install speed limit Smart Signs in commercial and residential sections of Haleki`i Street; (5) Install pedestrian signal and mid-block crosswalk above Mamao Street near Third Circuit Court building; Install pedestrian signal and mid-block crosswalk on Haleki`i Street near Muli Street and the Clarence Lum Won -3- Park; (7) Roughen the asphalt on Manawa Street,Haleki`i Street, and Nape Street; (8) Lengthen right and left turn Storage Lanes at the Haleki`i Street and Mamalahoa Highway signalized intersection; Restrict vehicles with three or more tons gross vehicle weight in residential sections of Halekii Street, Nape Street, and Manawa Street; and (10) Adjust signal timing and upgrade system at Haleki`i Street —Mamalahoa Highway intersection. b. The effectiveness of the amendment to the portion of Condition L.4 relating to the construction of a barricade or breakaway gate to prevent the use of Haleki`i Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Highway Bypass, shall be subject to the completion and implementation of the following mitigative measures by the appropriate departments of the County of Hawai`i. The mitigation measures applicable to Ali`i Drive shall be in accordance with appropriate engineering standards, specifications and recommendations, as follows: (1) Adjust signal timing and upgrade signal systems to improve efficiency at Kuakini Highway-King Kamehameha III Road intersection and the Ali`i Drive-King Kamehameha III Road intersection, as appropriate; 121 Stripe left turn pockets and refuge lanes on Alii Drive at driveways and intersections between King Kamehameha III Road and the northwestern end of the Mamalahoa Highway Bypass; (3) Convert Ali`i Drive-Kaleiopapa Street intersection to a three-way signal light and clear vegetation to improve sight distance, with a special duty police officer during any hours that the Haleki`i Street Extension is open to the Mamalahoa Highway. The three-way stop shall be replaced with a traffic signal light: -4- A. prior to the full opening of the Mamalahoa Highway Bypass to Napo`opo`o; or B. if the usage of Haleki`i Street Extension to the Mamalahoa Highway by the general public is permitted for more than the three-hour period authorized by Condition L.4.c.; (4) Convert the Royal Poinciana Drive -Ali`i Drive intersection and the Lunapule Road - Ali`i Drive intersection to a three- way stop as soon as practicable; (5) Construct eight-foot bike and walking path on the makai shoulder of Ali`i Drive between King Kamehameha III Road and Kaleiopapa Street; and (6) Install speed limit SMART signs on Alii Drive between Lunapule Road and King Kamehameha III Road to assist in speed enforcement. c. Commencement: Opening of Haleki`i Street as a public vehicular thoroughfare between the Mamalahoa Highway and the existing, northern section of the Mamalahoa Highway Bypass shall not be allowed until all mitigation measures outlined in Conditions L.4.a. (1 — 10) and L.4.b. (1-6) above have been completed and implemented. Upon opening Haleki`i Street for use by the general public driving eastbound from the Mamalahoa Highway Bypass, such general public traffic will only be allowed in a southbound direction on the Mamalahoa Highway Bypass to the Haleki`i Street Extension, and then eastbound on the Haleki`i Street Extension onto the Mamalahoa Highway, Monday through Friday between the hours of 3:30 p.m. and 6:30 p.m. (except holidays); d. Neither the applicant, Oceanside 1250 (Hokuli`a) nor any of its contractors or subcontractors shall use Haleki`i Street for any of its construction vehicles and shall instead use King Kamehameha III Road as the ingress and egress for all construction vehicles to the Hokuli`a project or shall build a temporary connector road from Mamalahoa Highway to the Mamalahoa Highway Bypass for -5- construction vehicles; e. Within three years from the effective date of this amendment, the County of Hawai`i shall: (1) Install permanent, three-way signal lights at the intersections of Royal Poinciana Drive—Ali`i Drive, Lunapule Road—Ali`i Drive, and Hualalai Road—Ali`i Drive; (2) Construct a pedestrian path mauka of Alii Drive between King Kamehameha III Road and the northwestern end of the Mamalahoa Highway Bypass; and (3) Resolve bike,pedestrian, and right-of-way encroachments on Alii Drive between Kailua-Kona and Keauhou; f. Test period. Upon the opening of Haleki`i Street for use by the general public as a public vehicular thoroughfare between the Mamalahoa Highway Bypass and the Mamalahoa Highway, a 180- day test period shall commence. After the first sixty (60) days have elapsed within the 180-day test period, the Director of Public Works shall submit a report to the County Council evaluating the effectiveness of the mitigation measures and provide recommendations for additional mitigation deemed necessary as the result of the test. The County Council shall take appropriate action in determining the continued use of Haleki`i Street as a public vehicle thoroughfare; and Sunset provisions. The amendment to Ordinance No. 96-8, amending the portion of Condition L.4 relating to the construction of a barricade or breakaway gate to prevent the use of Haleki`i Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Highway Bypass shall sunset upon the occurrence of either of the following: (1) Mitigation measures outlined in Conditions L.4.a.(1-10) and L.4.b.(l-6) above are not complete and fully implemented within twelve (12) months from the effective -6- date of this ordinance; or (2) Prior to the expiration of the twelve-month period, the County Council determines that the opening of Haleki`i Street Extension for use by the general public prior to completion of the entire Mamalahoa Highway Bypass has proven not to be in the best interest of, and for the public good. In the event of sunset, amendments to the portion of Condition LA of Ordinance No. 96-8 relating to the construction of a barricade or breakaway gate to prevent the use of Haleki`i Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Highway Bypass, shall be null and void and the original provisions of Condition L(llthrough L(5) of Ordinance No. 96-8 shall control and remain in full force and effect. (5) provide roadway stub-outs, generally shown in Exhibit"B", to provide future connections between the subject property, and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works. The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the -7- state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to subject property;" SECTION 3. Material to be deleted is bracketed and struck through. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME BER, COUNTY OF HAWAII Kona, Hawaii Date of Introduction: April 9, 2008 Date of 1st Reading: April 9, 2008 Date of 2nd Reading: April 22, 2008 Effective Date: May 8, 2008 i.a:t'ERENCC; Comm: 997.26 -8- 0 Ca ,7---- - 111{x! ��f`Li i. l ZQi+ Ims le �,,: f \ w i 0 ., . , �tt I7 ...',N�\!'_`,Nk.1 r./ sf. ;�! :'}J:� i6 Q 71,1' i � 1� pp�� •w r Y ej I /�� � i i� 40.'Y G)-w ... ..71:1;42;1' 4:4 r !nom `y) t v(`�` `\ .L,"CJ)� ...7 , y1 44HHtte, • ^„. .r11 -•_ •+"�i •'v-,L. �l ,, 0 ,0 J.,,,..i ..:‘..;-_-_:-,P(,,-,:-; -r.9,720,, ,Z1.1!;44. ).- • Fi„ l' • .a- 0, iz,,s,, „r—f. ,4—.,,, .,,, :..„. ..,......., ,,m,r.,,,,kmi.,,, ,, ;:.-::. 71 :44.-:. `,lii}�� t`,�i(_ i),••,7 ,it (0 \Vagall►ur: � ' '�•; ! ;5w'I ,, ‘ Wir..47',-.77 Aii„_.-_.!0,4r.,1- _i- O1.(..-...0 /' W 1.11 11!, :+1)/.-e.v._ ►6'ft'.,� .m , w f r„ "..;L; i'`J,. c4.',., 1;1 d iij�d4 ! .- 1q. _4 i••111 ,I1 ,ri,liftkr :. , 1 •,V7.; .:'4,D4rita. --Malitalr'I.•''P-•.•••'. lif 111 .1 I 1 , „IF 11.-1.• 4 s; ,:,,_...10, .. . v, „_1 411,./.. ivy ..,!. ... , or, . ,64,1_ _,VA '-"- '2. L utia ill It t r4f011:71,7 Pi...1 Of 111;jr, ,,,., �-. 5..'•/ L .t. ya'4:ii, „A rtypirj:40,,,,.„ ,filt1 ..:0,-ritte. -iiifyi, j Y r. , A, .4#. ,, umi � �y, �1`y' :Ffl r 11S��Y l��. •tea'.v i I— ; !? a� til i•%r�! �F sw wYL�o v W.*•:..C{J Gl fk rl•7! (G.�� .�r 1-,, 4 �. ...,.. ,..,,,..„...-0, ,.,,, • i LAO 114 .,_. . -evileik rIr . of V....,,,e pi.,-„Orr, ,,-..,•! -.1:, 1 ��,,���I�c,y�- y t //,,++ 1 �•�. :Jr.wi�.� " `A •l„1,,y.E. ,',!.'�-tal; 1 t c l' �I ::i .y A• J 4111/ , f I ..• , ,1 •.._ f l . ). . ; VSia•:'V 1'�N. ' - .1 ..i.:I 0 -,:..-• :0 tp, l ' r• :\ 'f ^-_'� yam+ �'�..r• / *+YY/� /' ^ r, ' . „if , • l ,NI. •,'".--1• .. —r• 1 ' r . ' , • ':....,47„-.„ "11.01104-Sr '' It •.. ... P:" . ,„01.- !,,,i;i. , A ..01:1,,, • I.' N1 •I ' -J '! --.......4 �� ` l: _ . , .L.••• 1} '' i < 1 - ! • 7. d 00 9 . ,,--L,-.--,;7...,., ... ,,... , ,,..... I ,erlitfrit; 141\tirrip ".• N... ,./ .t dr V.,,. - .71::..11'--.:._...i_LL:C.i, -.7 --1.. e•ii::,') ..-t,::::::.f (!. '•-.: • 4c- L ... . :►- C .i141-� ` :—:u1— *;.........z.,:--- ---.i -r1 ��``kIr1 \ ', / AS -t•,.: . .\0: ,- il)'-1----:-.‘-) . .''' ..,.: • ).. ,'..' ' riot..1:4.f.'.. 4'a . . ,,,:::77,,::,.1..:,...:.:2.,,,„.„ ,„„...,..., - -' . ' .. •Tr..0' ( . ' 0 3 ,„v.:. - .--",•:: ,,, '.4,Cr:.1',. :,f , _.,.,_.,,J1 .... . , , ..,... ...-:,-,.,,,,v-, . .. . I ...... 4—,-i-'•ifi- E -15.4.`in14'-'1' • .'. 7.,.... .g FOR REFER tE ONLY . �. _ . . .- . .. _ OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii r (Draft 3) �I Introduced BBQ: Brenda Ford2 i , tt AL VQ Date lntrodaced: April 9, 2008 AYES NOES` ' '+B � EX First Rexdin_: April 9, 2008 Ford X f Published: N/AHi -- ga X Hoffmann X REMARKS. Ikeda X Jacobson X Naeole X - Pilago X - — - Yagong X Yoshimoto X 8 1 0 0 Second ke.adinQ2,: April 22, 2008 (Draft 4) Co Mayor: April 30, 2008 ROLL CALL VOTE Returned: May 9, 2008 AYES NOES ABS EX Effective: May 8, 2008 Ford X Published, May 15, 2008 Higa X Hoffmann X RI:,I I-1!1'1..5' — Ikeda X - --- Jacobson X _-- Naeole X — - Pilago X Yagong X ' Yoshimoto X 5 3 1 0 11)0 HEREBY('C RII1"Y that the foregoing BILL was adopted by the County Council published as indic_ca/ 'r/("hove. olle ; . APPROVED AS TO . / / - - FORM AND LEGALITY: / _..." v. COUNCIL CHAIRMAN DEPUTY CORPO'ATION COUNSEL e,,f(Alja4 2p.1.44A.-a..4.,---- COUNTY OF HAWAII COUNTY CC. Date 'F/27:9F- 236 (Draft 4) Bill No.: --___, S^A ��y Reference: C-997 .26/FJC-8 lhh�v��� '1>L//)proved this _ _ pn Ord No.: 08 59 n/ - - i V1 �.CII , 20 41 . '"----7-11- 1:4 -'. /..1 YOR 01 .V, OE HAYG;21'1 DEPARTMENT OF PUBLIC WORKS _f: COUNTY OF HAWAI`I,,, HILO, HAWAII DATE: January 5, 2011 Memorandum TO • B.J. Leithead-Todd, Planning Director Planning Department FROM • Ben Ishii, Division Chief(Viz Engineering Division SUBJECT : Variance Application (VAR 10-027 ) Applicant: Sidney Fuke 1250 Oceanside Partners TMK: 3/ 7-9-012:004,006, 011 , 029 and 034; 8-1-004:003, 064, 065, 068, and 070; 8-1-32: 054; 8-1-033:013-017; 8-1-026:057; and We reviewed the subject application and our comments are as follows: The applicant requests relief from HCC Sections 23-86 and 23-95 which are the dedicable road standards normally subject to application of County Standard Details R- 33 and R-34. Section R-33 and R-34 provide a 15 foot wide "clear zone" (shoulders and swales) from the edge of pavement to any embankment which meets with AASHTO minimum guidelines. AASHTO also has separate guidelines for roads which have very low daily traffic volume (<400 ADT). This information is provided to explain the following recommendations. The applicant asks for relief for all Hokulia Subdivision roads, none of which have received a construction final approval. DPW recommends that Planning confirm if correct TMK parcels are included on the application. The application does not acknowledge that Ordinance 96-008 Conditons L and M required dedication of the connecting roads. DPW objects to granting a variance without specifying cross section details and distinguishing those streets. For example Halekii Street extension, which is a collector street, (see the General Plan and Kona Community Development Plan) shall be dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not specifically require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage system maintenance requirements and streetlights along with surety in case of default should be imposed for roads required to be dedicated to the County. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE } c: ENG-HILO/KONA Exhibit - 10 REQUEST TO ACCESS A GOVERNMENT RECORD This is a model form that may be used by a Requester to provide sufficient information for an agency to process a record request. Although the Requester is not required to use this form or to provide any personal information, the agency needs enough information to contact the Requester with questions about this request or to provide its response. This request may not be processed if the agency has insufficient information or is unable to contact the Requester. DATE: April 18,2023 TO: Department of Public Works County of Hawaii Agency that Maintains the Government Record 101 Pauahi Street,Suite 7 Hilo, HI 96720 Phone:(808)961-8784 Agency's Contact Information FROM: Matthew Coupe Requester's Name or Alias coupeml@hawaii.rr.com/Phone:808-864-3031 Requester's Contact Information AS THE REQUESTER,I WOULD LIKE THE FOLLOWING GOVERNMENT RECORD: Describe the government record as specifically as possible so that it can be located. Try to provide a record name, subject matter, date, location, purpose, or names of persons to whom the record refers, or other information that could help the agency identify the record. A complete and accurate description of the requested government record will prevent delays in locating the record. Attach additional pages if needed. 1. I am requesting the DPW Folder No. : 81146-C and all plans and communications relatung to this file. 2. I am also requesting any plans and communications from the traffic and maintenance divisions. (See attached letter dated July 22,2013). 3. All survey division plans and communications related to the referenced folder.(See attached letter to Trevor Jackson dated July 22,2013). 4. The construction drawings marked and tagged by Jane Kaiawe.(See attached letter dated July 22,2013). 5. See attached three(3)Memorandum letters for more subject details regarding above information requests. I WOULD LIKE: (Please check one or more of the options below, as applicable) ❑x To inspect the government record ❑ A copy of the government record: (Please check only one of the options below.) See the next page for information about fees and costs that you may be required to pay for agency services to process your record request. Note: Copying and transmission charges may also apply to certain options. ❑ Pick up at agency(date and time): ❑ Mail(address): ❑ E-mail(address): ❑ Fax(toll free and only if available;provide fax number): ❑ Other,if available (please specify): ❑ If the agency maintains the records in a form other than paper,please advise in which format you would prefer to have the record. ❑ Electronic ❑ Audio ❑ Other(please specify): ❑ Check this box if you are attaching a request for waiver of fees in the public interest (See waiver information on next page). Exhibit "11" OIP 1 (rev. 12/1/2015) FEES FOR PROCESSING PUBLIC RECORD REQUESTS You may be charged fees for the services that the agency must perform when processing your request for public records, including fees for making photocopies and other lawful fees. The first $30 of fees charged for searching for a record, reviewing, and segregating will not be charged to you. Any amount over $30 will be charged to you. Fees are as follows: Search for a Record $2.50 for 15 minutes Review and Segregation of a Record $5.00 for 15 minutes Generally,no search,review, and segregation fees may be charged if you are making a request for personal records that are about you. WAIVER OF FEES IN THE PUBLIC INTEREST As an alternative to the $30 fee waiver (not in addition to), the agency may waive the first $60 of fees for searching for, reviewing and segregating records when the waiver would serve the public interest. If you wish to apply for a waiver of fees in the public interest,you must attach to this request a statement of facts,including your identity as the requester, to show how the waiver of fees would serve the public interest. The criteria for this waiver, found at section 2-71-32,Hawaii Administrative Rules, are (1) The requested record pertains to the operations or activities of an agency; (2) The record is not readily available in the public domain; and (3) The requester has the primary intention and the actual ability to widely disseminate information from the government record to the public at large. COSTS The Agency may charge you any other lawful fees and the costs to copy and deliver your personal or public record request. AGENCY RESPONSE TO YOUR REQUEST FOR ACCESS The agency to which you addressed your request must respond within a set time period. The agency will normally respond to you within 10 business days from the date it receives your request; however, in extenuating circumstances, the agency must respond within 20 business days from the date of your request. If you have questions about the response time or the records being sought, you should first contact the agency and request to consult with the agency's UIPA contact person. Please note that the Office of information Practices (OIP) does not maintain the records of other agencies and a requester must seek records directly from the agency. If the agency denies or fails to respond to your written request for records or if you have other questions regarding compliance with the UIPA, then you may contact OIP at 808-586-1400, oip@hawaii.gov, or 250 South Hotel Street, Suite 107,Honolulu, Hawaii 96813. REQUESTER'S RESPONSIBILITIES You have certain responsibilities under section 2-71-16, Hawaii Administrative Rules, which include making arrangements to inspect and copy records, providing further clarification or description of the requested record as instructed by the agency's notice, and making a prepayment of fees and costs, if assessed. The rules and additional training materials are available online at oip.hawaii.gov or from O1P. OIP 1 (rev. 12/1/2015) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII July 22, 2013 TO: HWY TRF FROM: Warren H.W. Lee, P.E., Director Department of Public Works SUBJECT: BEGIN COUNTY MAINTENANCE Grantor: 1250 Oceanside Partners Subdivision Names: Hokuli'a Phase 1 Location: Haleki'i and Keekee 1, South Kona, Hawaii TMK No. (Road Lot): (3) 8-1-035:004 (por.) (Lot 10-A), 8-1-035:001 (por.) (Lot 1-B), 8-1-036:001 (por.) (Lot 3-A-2) Street Name: Hokuli'a Street (Extension) DPW Folder No.: 81146-C On November 9, 2012, the subject roadway lots were dedicated to the County. Therefore, please begin maintenance within your respective areas. Attached is a copy of the County Council Resolution No. 317-12, which approved the road dedication and includes a dedication location map. Please find attached a copy of the construction plans ("as-built" drawings are not available) associated with the subject subdivision. Questions regarding this memorandum can be directed to Frank DeMarco ext. 8042. FJD Enclosures Si'I l4L—(._ County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII July 22, 2013 A TO: Trevor Jackson N-- FROM: Frank DeMarco SUBJECT: BEGIN COUNTY MAINTENANCE Grantor: 1250 Oceanside Partners Subdivision Names: Hokuli'a Phase 1 Location: Haleki'i and Keekee 1, South Kona, Hawaii TMK No. (Road Lot): (3) 8-1-035:004 (por.) (Lot 10-A), 8-1-035:001 (por.) (Lot 1-B), 8-1-036:001 (por.) (Lot 3-A-2) Street Name: Hokuli'a Street (Extension) DPW Folder No.: 81146-C Please record the resolution numbers (No. 317-12), date accepted (11/9/12) and folder number (81146-C) on the full size tax map keys associated with the attached resolutions. Thanks Enclosures I "640 County of Hawaii is an Equal Oppoiwnity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII July 22, 2013 Waftendefetatia TO: Jane Kaiawe FROM: Frank DeMarco SUBJECT: BEGIN COUNTY MAINTENANCE Grantor: 1250 Oceanside Partners Subdivision Names: Hokuli'a Phase 1 Location: Halekii.and Keekee 1, South Kona, Hawaii TMK No. (Road Lot): (3) 8-1-035:004 (por.) (Lot 10-A), 8-1-035:001 (par.) (Lot 1.-B), 8-1-036:001 (por.) (Lot 3-A-2) Street Name? I-Io.kuli'a Street (Extension) DPW Folder No.: 81146-C Please mark and tag the attached construction drawings to file in the back ("as-built drawings are not available). Thanks Enclosures Contnlyofilaw•aii 115do C;yu4t1Opp'Itumt) 1ftivltlCTaml•E!n)1it1yer --15:4M M, � Mitchell D.Roth •cam „.,fi::• Stephen M.Pause,P.E. Mayor --�"""� Director e_=___J Lee E.Lord Malta A.Kekai Managing Director County of Deputy Director DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7-Hilo,Hawai`i 96720-4224 (808)961-8321 -Fax(808)961-8630 public_works@hawaiicounty.gov May 16, 2023 Matthew Coupe Email: coupeml@hawaii.rr.com Subject: Request to Access A Government Record RFI ENG HWY TRF 23-56 DPW Folder No. RESPONSE TO ITEM NO. 1 DPW Folder No. 81146-C will be available for you to review shortly once it has been returned to the Engineering Division, Kona office at the West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Bldg D, 1st Floor. A staff member will contact you via email or phone. RESPONSE TO ITEM NO. 2 The Highway Maintenance Division and Traffic Division have reported that no plans or records were found in their possession. Engineering Division also does not have copies of Completion of Inspection reports issued by the division after the completion of construction related to work in Engineering folder 81146-C. There is a memo dated 10/19/12 from DPW Director Lee recommending the Road Dedication Deed be accepted by the County Council. RESPONSE TO ITEM NO. 3 In response to memo dated 7/22/13 from Frank DeMarco to Trevor Jackson, copies of TMK maps colored by the Survey section is attached via"Item 3.zip". All other correspondence is included in DPW Folder No. 81146-C. RESPONSE TO ITEM NO. 4 Copy of plans marked As-Built will be available for you to review shortly once it has been returned to the Engineering Division, Kona office at the West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Bldg D, 1st Floor. A staff member will contact you via email or phone. Page 1 of 2 County of Hawai'i is an Equal Opportunity Provider and Employer Page 2 RESPONSE TO ITEM NO. 5 Attachment provided by requestor included: 1. 7/22/13 —Begin County Maintenance Memo from Frank DeMarco to HWY, TRF 2. 7/22/13 —Begin County Maintenance Memo from Frank DeMarco to Trevor Jackson 3. 7/22/13 —Begin County Maintenance Memo from Frank DeMarco to Jane Kaiawe Should you have any questions or concerns, please call me at(808) 961-8327 or via robyn.matsumoto@hawaiicounty.gov Sincerely, a k Robyn atsumoto, P.E. Civil Engineer V Engineering Division Regulatory Section Page 2 of 2 County of Hawai'i is an Equal Opportunity Provider and Employer (` Harry Kim .o'):5; ' Michael Yee Mayorr • , �,4lth, Director •Roy Takemoto • �_+ Duane Kanuha Managing Director i -!,T * ; Steven S. C. Lim, Esq. Carlsmith Ball, LLP Page 2 February 11, 2020 3. Department of Public Works-Engineering Division Comments: We would appreciate if you would consult with the Department of Public Works- Engineering Division and incorporate their comments within the amendment request. 4. Ordinance 08-059: Ordinance 08-059 amended Ordinance 96-8 and will need to be incorporated into any new ordinance that may be approved. This is just for information purposes for any future amendment of Ordinance 96-8. 5. Filing Fee: The filing fee for an ordinance amendment is $250. If this amendment request is accepted,we will refund$250 of the submitted $500 filing fee. We are enclosing the receipt for the $500 filing fee. If you have any questions, please feel free to contact Jeff Darrow at 961-8158. Sincerely, MICHAEL YEE Planning Director JWD:mads P1\publiclwpwin6OUefflLetters\Return-Review Permit Letters ILCaristnittt-Hokttlia-R>;Z765-RegAddInfo.dec Enclosure: Receipt for Filing Fee EXHIBIT 3 Of Counsel: DAMON KEY LEONG KUPCHAK HASTERT Attorneys at Law A Law Corporation KENNETH R. KUPCHAK 1085-0 krk@hawaiilawyer.com MARK M. MURAKAMI 7342-0 mmm@hawailawyer.com TOREN K. YAMAMOTO 11520-0 tky@hawaiilawyer.com JONATHAN N. MARCHUK 11664-0 j nm@hawaiilawyer.com 1003 Bishop Street, Suite 1600 Honolulu, Hawaii 96813 www.hawaiilawyer.com Telephone: (808) 531-8031 Facsimile: (808) 533-2242 Attorneys for Petitioner C & J COUPE FAMILY LIMITED PARTNERSHIP COUNTY OF HAWAII PLANNING DEPARTMENT In the Matter of ) SUPPLEMENT TO PETITION FOR ) DECLARATORY RULING, submitted C & J COUPE FAMILY LIMITED ) on February 7, 2024; EXHIBITS "A"— PARTNERSHIP ) "C" SUPPLEMENT TO PETITION FOR DECLARATORY RULING, submitted on February 7, 2024 TO THE COUNTY OF HAWAII PLANNING DEPARTMENT ("Planning"): On February 7, 2024, C& J COUPE FAMILY LIMITED PARTNERSHIP ("Petitioner") submitted its Petition for Declaratory Ruling to supplement its Petition for Declaratory Ruling ("Petition") to Planning. Petitioner now submits this Supplement to Petition ("Supplement")t to This Supplement seeks declaratory rulings from Planning on the subject of Planning's authority and jurisdiction in addition to Petitioner's requests for declaratory rulings in the Petition.As such,the requests in this Supplement do not replace or alter the requests that were submitted in the Petition. 1 EXHIBIT 3 seek Planning's rulings on several statements made in pleadings filed by County of Hawaii ("County") and 1250 Oceanside ("Oceanside") in C &J Coupe Family Ltd. P'ship v. County of Hawaii, et. al., Civil No. 3CCV-23-0000123 (the"Civil Lawsuit"),regarding Planning's authority and jurisdiction. L BRIEF BACKGROUND In the Civil Lawsuit, County and Oceanside made numerous claims regarding their interpretation of the Development Agreement dated April 20, 1998 ("Development Agreement"), its incorporated Ordinances 96-7 and 96-8, and applicable law including the assertion that Planning, and not the circuit court, had primary jurisdiction over the various issues arising from Oceanside's property: The Legislature and County have placed the determination of zoning violations within the competence of Planning's Director and the Board of Appeals. Plaintiff could have invoked Planning's administrative process to obtain a final decision on the zoning enforcement issues but chose to sue instead. County Defendant's Motion to Dismiss Complaint for Declaratory and Injunctive Relief filed March 31, 2023 [Dkt. 1], filed May 25, 2023 [Dkt. 21] ("County's Motion to Dismiss"), at 1. A true copy of the file marked copy of County's Motion to Dismiss is attached hereto as Exhibit"A." This Supplement to Petition ("Supplement") seeks to invoke "Planning's administrative process to obtain a final decision on the zoning enforcement issues,"id.,if Planning determines that any final decision has not already been made, in order to provide clarity for the parties and the circuit court in the Civil Lawsuit with respect to Planning's authority and final decisions to the extent that any such final decisions are required. Simply put, County asserted that the decision on the issues raised in the Civil Lawsuit must first be decided by Planning and alleged that final decisions have not been made by Planning on certain issues. To the extent that County 2 asserted Planning is the prime authority on and/or has primary jurisdiction over any of the issues in the Civil Lawsuit, Petitioner seeks Planning's confirmation or denial of County's assertions, and identification of the legal authority providing the basis therefor. Additionally, to the extent any final decisions have not been rendered on the issues raised, Petitioner requests that Planning state what its final decision is on each issue. IL SUPPLEMENTAL REQUESTS FOR DECLARATORY RULINGS A. Planning's Authority County's Statement: In County Defendant's Reply to Memorandum in Opposition to Defendant County of Hawaii's Motion to Dismiss filed May 25, 2023), filed June 22, 2023 [Dkt. 53], filed June 27, 2023 [Dkt. 85] ("County's Reply"), County asserted that Planning has primary jurisdiction over the issues raised in the Civil Lawsuit and as such, Planning's final decision on those issues is required before the Civil Lawsuit could proceed further. In its Motion to Dismiss, County stated: Whether Oceanside's acts are violative depends on a consideration of the goals, objectives, policies and priorities subsumed in the County's general plan and the Kona Community Development Plan, facts peculiar to the subdivision's history and the area's geography and other relevant factors, generally unfamiliar to the judicial tribunal, but well understood by Planning. County's Motion to Dismiss at 12 (emphasis added). County also stated: The Planning Director has the power to administer and enforce the Zoning Ordinances, Zoning Conditions and render decisions on variances . . . and may issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the Department[.] 2 "Zoning Conditions" was defined in County's Motion to Dismiss as Ordinance 96-7, Conditions M(4) and M(5), and Ordinance 96-8 Conditions L(4), L(5), and M. See County's Motion to Dismiss at 2. "Variance"was defined as Planning Variance 10-027,dated January 31,2011.Id."Zoning Ordinances"was defined as Ordinance 96-7 and 96-8. Id. at 3. 3 County's Reply at 8 (quotation marks omitted). A file-marked copy of County's Reply is attached hereto as Exhibit"B." Supplemental Request for Declaratory Ruling No. 1: Petitioner requests that Planning determine and declare whether Planning has primary jurisdiction to render decisions on the following issues: • Interpretation of Development Agreement • Interpretation, administration, and enforcement of Ordinances and Conditions3 • Validity/propriety of Variance No. VAR 10 027 ("Variance') and whether final decision on Variance has been made Supplemental Request for Declaratory Ruling No. 2: If Planning determines that it has authority to render decisions on the issues listed above, Petitioner requests that Planning identify the source of its authority.4 Supplemental Request for Declaratory Ruling No. 3: Petitioner requests that Planning Director or Planning specifically identify those elements "well understood" by Planning that determine whether Oceanside is violating County law. B. Applicable laws, rules, and requirements of Hawaii law applicable. County's Statement: In its Motion to Dismiss, County stated: Planning's administrative process for declaratory rules . . . provides Plaintiff the opportunity to obtain final agency action on the applicability of the Zoning Ordinances, Zoning Conditions and 3 As used in this Supplement,"Conditions"refer to Conditions L(4),L(5),and M of Ordinance 96-8,and"Ordinances" refer to Ordinance 96-7 and Ordinance 96-8. 4 Hawaii Revised Statutes § 46-18(a)(1)requires the county to designate a central coordinating agency to "maintain and continuously update a repository of all laws, rules and regulations, procedures, permit requirements and review criteria of all federal,state and county agencies having any control"over land development projects within the county, including making available a knowledgeable person to inform any person as to the applicability of land use controls. Petitioner engaged in the process of attempting to obtain such information from the Director and Mayor for over 18 months before filing the Civil Lawsuit but was unsuccessful. 4 Variance to Oceanside's property. See Planning's Rules, Rule 3 (Declaratory Rulings). Plaintiff has not availed itself of Planning's Declaratory Rulings process for the alleged Zoning Conditions violations, therefore, Planning has not issued final agency action on the same. County's Motion to Dismiss at 5. In its Reply, County stated: Plaintiff has never submitted its claims involving the Zoning Ordinances, Zoning Conditions, Variance and/or Resolution to Planning's Declaratory Rulings administrative process established in Planning Rules,Rule 3. Plaintiff cannot seek judicial review here because there is no final agency action from the Planning Director or the Board of Appeals regarding these claims and issues. Neither the Planning Director nor Board of Appeals has issued final agency action on any of these issues; and it remains to be seen whether such final agency action will inflict an actual, concrete injury on Plaintiff. Indeed, the intense factual development of such issues through the Declaratory Rulings process would greatly aid a Circuit Court adjudicating an administrative appeal under Haw. R. Civ. P. Rule 72. County's Reply at 5-6, 8. Supplemental Request for Declaratory Ruling No. 4: Petitioner requests that Planning identify the codes, rules, and requirements of Hawaii law applicable to the issues in this matter, and identify Planning's final decision regarding Oceanside's compliance with or violation of the same. C. Ordinances and Conditions The interpretation, administration, and enforcement of Ordinances and Conditions are also at issue. 1. Applicability of Ordinances and Conditions and Obligations Thereunder County's Statement: In its Motion to Dismiss, County stated: 5 Thus, a declaratory order would indicate how the Director interprets and applies the Zoning Ordinances, Zoning Conditions and Variance to Oceanside's property and be based in part on Plaintiff's issues and arguments. Moreover, requiring final agency action determining Oceanside's obligations under,and compliance with,the Zoning Conditions prior to filing suit . . . is consistent with Haw. Rev. Stat. § 632-1's "actual controversy"prerequisite[.] County's Motion to Dismiss at 6, 7. In its Reply, County stated: Plaintiff's zoning enforcement claims are not "primarily legal" issues. Rather,the material facts need significant development; and the Planning Director can base an order on those determined facts regarding the Zoning Conditions' intent and meaning, whether the Variance is void or valid and Oceanside's compliance, among other matters. The required administrative review of Plaintiff's zoning enforcement claims involves Planning's interpretation of the Zoning Conditions regarding the Roads set forth in the Zoning Ordinances and would result in final agency action including the interpretation. . . . The Declaratory Rulings' process will require the Planning Director to ascertain and give effect to the County Council's intention regarding the Zoning Conditions obtained primarily from the Zoning Ordinances' language. . . . If the Zoning Ordinances' language is ambiguous, the Planning Director could consider extrinsic aids to determine legislative intent, such as legislative history, or the reason and spirit of the law. Planning has not issued final agency action setting forth its views on the Zoning Conditions' meaning, requirements or applicability, or Oceanside's compliance and whether substantial compliance is sufficient. County's Reply at 6, 9. 6 Supplemental Request for Declaratory Ruling No. 5: Petitioner requests that Planning identify its final agency action on the applicability of Ordinances and Conditions to Oceanside's property. Supplemental Request for Declaratory Ruling No. 6: Petitioner requests that Planning state its interpretation of Ordinances and Conditions as applied to Oceanside's property. Supplemental Request for Declaratory Ruling No. 7: Petitioner requests that Planning indicate its final agency action determining Oceanside's obligations under and compliance with, Ordinances and Conditions. 2. Violations of Ordinances and Conditions County's Statement: In its Motion to Dismiss, County stated: Whether Oceanside's acts are violative depends on a consideration of the goals, objectives, policies and priorities subsumed in the County's general plan and the Kona Community Development Plan, facts peculiar to the subdivision's history and the area's geography and other relevant factors, generally unfamiliar to the judicial tribunal, but well understood by Planning. County's Motion to Dismiss at 12 (emphasis added). Supplemental Request for Declaratory Ruling No. 8: Petitioner requests that Planning identify its final agency action for Oceanside's alleged violations of Conditions. 3. Road dedication standards County's Statement: In its Reply, County stated: Here, an ambiguity may exist if there is doubt, indistinctiveness and/or uncertainty regarding the applicability of the dedication requirement set forth in Ordinance 96-8, Condition M, to the lands subject to Ordinance 96-7. 7 [A]lthough Ordinance 96-8, Condition M requires roadway dedications, Condition M does not require roadway improvements listed in Ordinance 96-8, Condition L be designed or constructed to County's dedicable standards, nor does the condition establish a deadline for the dedication. Given the ambiguities, extrinsic evidence showing the County Council's intent for the Zoning Conditions could be presented at the Rule 3 hearing forming the record upon which the Planning Director's "final action" would be based. County's Reply at 7. Oceanside's Statement: In its Reply, Oceanside stated: The Ordinances left it to the discretion of the County to determine the acceptable construction standards for the roadways. Defendant 1250 Oceanside LLC's Reply in Support of its Motion to Dismiss Complaint, filed March 31, 2023[Dkt. 1],filed May 11, 2023[Dkt. 15],filed June 27,2023 [Dkt. 87] ("Oceanside's Reply") at 2. A file marked copy of Oceanside's Reply is attached hereto as Exhibit"C." Supplemental Request for Declaratory Ruling No. 9: Petitioner requests that Planning determine whether the construction standards and deadlines for the roadways are/were within the discretion of the County. Requested Supplemental Ruling No. 9: County does not have discretion over the construction standards and deadlines for the roadways, as these requirements are clearly set forth in County Code, Development Agreement, and Ordinances—none of which provide County with leeway, to be exercised at its discretion, regarding dedication standards for public roads or amendment of Development Agreement and/or Ordinances. 8 Supplemental Request for Declaratory Ruling No. 10: Petitioner requests that Planning identify whether there is any ambiguity regarding the applicability of the dedication requirements set forth in Ordinances and whether this allows County and Oceanside to present extrinsic evidence at the declaratory ruling hearing showing County Council's intent regarding Ordinances. Requested Supplemental Ruling No. 10: Ordinances do not contain any ambiguity to justify the introduction of extrinsic evidence. As such, County and Oceanside are barred from presenting extrinsic evidence at the declaratory ruling hearing. D. Variance The validity/propriety of Variance and whether Planning has rendered a final decision on Variance are at issue here. 1. Decision on Variance. County's Statement: In its Motion to Dismiss, County stated: The adjudication of the Plaintiff's zoning enforcement claims requires the resolution of whether Oceanside violated the Zoning Conditions and consideration of the Variance's propriety and applicability. This Court has concurrent jurisdiction with Planning over these issues for they are originally cognizable by both this Court and Planning. County's Motion to Dismiss at 11. Supplemental Request for Declaratory Ruling No. 11: Petitioner requests that Planning state whether Planning has rendered a final decision on Variance. Supplemental Request for Declaratory Ruling No. 12: If Planning determines that it has rendered a final decision on Variance, Petitioner requests that Planning identify the date such decision was rendered. 9 Supplemental Request for Declaratory Ruling No. 13: If Planning determines that it has not rendered a final decision on Variance, Petitioner requests that Planning issue its final decision on Variance. Supplemental Request for Declaratory Ruling No. 14: Petitioner requests that Planning declare whether its approval of a variance application is a 'final agency action" that can be appealed. Conversely, if Planning determines that such decisions are not ripe for appeal, Petitioner requests that Planning provide an explanation and the legal basis therefor. Supplemental Request for Declaratory Ruling No. 15: Petitioner requests that Planning identify the appropriate appellate tribunal to review Planning's decisions on variances. E. Development Agreement At issue is also the interpretation of Development Agreement—specifically, what does Development Agreement entail with respect to Oceanside's obligations. County's Statement: In its Reply, County stated: The Development Agreement only states the stub-outs' purpose to provide "connections" to the Hokuli`a Project's "boundaries"; it never says the sub-outs' purpose is to provide Plaintiff direct "access" to Plaintiff's property through Hokuli`a Project. County's Reply at 4. Oceanside's Statement: In its Reply, Oceanside stated: [B]oth the Ordinances and Development Agreement provide for phased construction of the stub-outs for "future connections" to adjacent properties, which is to coincide with the actual development of those properties. While the stub-out was completed years ago, Plaintiff's property remains vacant and undeveloped without any subdivision improvements. . . . In other words,there are no "subdivision improvements" for the stub-out to connect to. Oceanside's Reply at 2. 10 Supplemental Request for Declaratory Ruling No. 16: Petitioner requests that Planning identify whether Oceanside was required to `provide roadway stub-outs . . . to provide future connections between the [Hokuli`a Development Project] and its adjacent north and south boundaries. " Requested Supplemental Ruling No.16: The plain language of Development Agreement and Ordinances clearly requires that Oceanside provide the roadway stub-outs in order to provide future connections between the Hokuli`a Development Project and adjacent properties. Supplemental Request for Declaratory Ruling No. 17: Petitioner requests that Planning identify whether these roadway stub-outs were required so that the future connections could provide access between properties adjacent to the Hokuli`a Development Project. Requested Supplemental Ruling No. 17: To the extent that the plain language of Development Agreement and Ordinances required Oceanside to provide the roadway stub-outs to ensure connections between the Hokuli`a Development Project and adjacent properties will be provided in the future,the roadway stub-outs are required to provide access between Hokuli`a and adjacent properties. Supplemental Request for Declaratory Ruling No. 18: Petitioner requests that Planning identify whether Oceanside's requirement to build the "roadway stub-outs" is dependent on the development of Petitioner's property. Requested Supplemental Ruling No. 18: To the extent that Development Agreement and Ordinances do not condition the roadway stub-outs to be built on the development of adjacent properties, Oceanside is required to provide the roadway stub-outs regardless of the state of development of Petitioner's property. 11 F. Planning's Enforcement Action County's Statement: In its Motion to Dismiss, County stated: Whether Oceanside is violating the Zoning Conditions is an issue within Planning's special competence, and the Charter and Planning's Rules provide a process to address it. County's Motion to Dismiss at 12. Supplemental Request for Declaratory Ruling No. 19: Petitioner requests that Planning state whether it will bring a zoning enforcement action against Oceanside. Requested Supplemental Ruling No. 19: To the extent that Oceanside has violated the conditions of Ordinances, Planning is within its right under Hawaii law to bring a zoning enforcement action against Oceanside and will do so. III. CONCLUSION AND REQUESTED RULINGS Petitioner respectfully requests that a public hearing be held on the Petition, as supplemented, and that Planning issue an Order declaring the requested declaratory rulings as set forth herein and in Petition. DATED: Honolulu, Hawaii, March 27, 2024. DAMON KEY LEONG KUPCHAK HASTERT /s/Jonathan N. Marchuk KENNETH R. KUPCHAK MARK M. MURAKAMI TOREN K. YAMAMOTO JONATHAN N. MARCHUK Attorneys for Petitioner C&J COUPE FAMILY LIMITED PARTNERSHIP 12 EXHIBIT "A" ELIZABETH A. STRANCE 4715 Corporation Counsel Electronically Filed LERISA L. HEROLDT 7519 THIRD CIRCUIT Deputy Corporation Counsel 3CCV-23-0000123 LAUREEN L. MARTIN 5927 25-MAY-2023 Deputy Corporation Counsel, Section Chief 04:55 PM Office of the Corporation Counsel Dkt. 21 MD County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: lerisa.heroldt@hawaiicounty.gov Attorneys for County Defendants IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, Plaintiff, COUNTY DEFENDANTS'MOTION TO DISMISS THE COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, vs. FILED MARCH 31, 2023 MKT. 1]; MEMORANDUM IN SUPPORT OF MOTION; COUNTY OF HAWAII; COUNTY OF DECLARATION OF LERISA L. HEROLDT; HAWAII, PLANNING DEPARTMENT; EXHIBITS "1"— "5"; NOTICE OF HEARING; ZENDO KERN, IN HIS OFFICIAL CERTIFICATE OF SERVICE CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING HEARING: DEPARTMENT; 1250 OCEANSIDE LLC; Date: June 30, 2023 JOHN DOES 1-10; JANE DOES 1-10; DOE Time: 8:45 a.m. CORPORATIONS 1-10; DOE Judge: Hon. Robert D.S. Kim PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, No Trial Date Set Defendants. EXHIBIT "A" COUNTY DEFENDANTS'MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURISDICTION AND FAILURE TO STATE A CLAIM Pursuant to Hawai`i Rules of Civil Procedure, Rules 12(b)(1) and 12(b)(6), Defendants COUNTY OF HAWAII ("County"), COUNTY OF HAWAII, PLANNING DEPARTMENT ("Planning") and ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT ("Director Kern") (collectively "County Defendants"),move this Court to dismiss the Complaint for Declaratory and Injunctive Relief Plaintiff C &J COUPE FAMILY LIMITED PARTNERSHIP("Plaintiff') filed March 31, 2023 ("Complaint"). This Motion should be granted for the following reasons: • The Court lacks subject-matter jurisdiction: o over Plaintiff's unripe claims seeking the enforcement of zoning ordinances and conditions against Defendant 1250 OCEANSIDE LLC ("Oceanside"); and o to hear requests for mandamus relief against public officials. • The primary jurisdiction doctrine requires dismissal because the enforcement of Plaintiff's zoning claims requires the resolution of issues the Legislature and County have placed within Planning's special competence. • Plaintiff has no private right of action to enforce a 1998-development agreement between the County and Oceanside's predecessor made pursuant to Hawai`i's development agreement statute, Haw. Rev. Stat. ch. 46,pt. VII; • Plaintiff cannot meet the standard for mandamus relief; • Plaintiff has no constitutionally protected property interest to support its procedural due process claims; • the Fifth Amendment is inapplicable because there is no federal defendant; • Planning is not a separate entity from the County; and • the claims against Director Kern are duplicative of the claims against the County. 2 This Motion is made pursuant to the afore-mentioned rules and Haw. R. Civ. P., Rule 7, Rules of the Circuit Courts of the State of Hawai`i, Rule 7, and it is supported by the memorandum, declarations and exhibits attached hereto and the record and file in this case. Dated: Hilo, Hawai`i, May 25, 2023. /s/Lerisa L. Heroldt LERISA L. HEROLDT Deputy Corporation Counsel Attorney for County Defendants 3 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, Plaintiff, MEMORANDUM IN SUPPORT OF MOTION vs. COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants. TABLE OF CONTENTS INTRODUCTION 1 II. STATEMENT OF FACTS 1 A. The Complaint. 1 B. Zoning Code Administration 4 III. ARGUMENT 5 A. The Court Lacks Subject-Matter Jurisdiction Over Plaintiff's Unripe Claims 5 B. Dismissal is Appropriate under the Primary Jurisdiction Doctrine 9 C. Plaintiff's Claims to Enforce the Development Agreement Are Fatally Flawed . 13 1. Plaintiff Has No Private Right of Action Under the Development Agreement Statute, Haw. Rev. Stat. ch. 46,pt. VII 13 2. The Circuit Courts Have No Power to Issue Mandamus Relief Against Public Officials 15 3. Plaintiff Cannot Meet the Standard for Mandamus Relief 17 D. Plaintiff's Procedural Due Process Claims Fails as a Matter of Law 17 E. The Fifth Amendment is Inapplicable Because There Is No Federal Defendant 19 F. Planning and Director Kern Must Be Dismissed With Prejudice 20 IV. CONCLUSION 20 TABLE OF AUTHORITIES CASES Aged Hawaiians v. Hawaiian Homes Comm'n, 78 Hawai`i 192, 891 P.2d 279 (1995) 8, 10 Alexander v. Sandoval, 532 U.S. 275 (2001) 14, Ass'n of Orange Cty. Dep. Sheriffs v. Gates, 716 F.2d 733 (9th Cir. 1983) 18 Bank of America, N.A. v. Reyes-Toledo, 143 Hawai`i 249, 428 P.3d 761 (2018) 11 Blake v. Cty. ofKaua`i Planning Comm'n, 131 Hawai`i 123, 315 P.3d 749 (2013) 6, 7 Board of Regents v. Roth, 408 U.S. 564 (1972) 18 Camel!v. Grimm, 872 F. Supp. 746 (D. Haw. 1994) 20 Clark v. Time Warner Cable, 523 F.3d 1110 (9th Cir. 2008) 9 Cort v. Ash, 422 U.S. 66 (1975) 14 Dancil v. Arakawa, 132 Hawai`i 472, 323 P.3d 116 (Haw. Ct. App. 2012) 8, 12, 13 Far E. Conference v. U.S., 342 U.S. 570 (1952) 12 Fratinardo v. Emps. Ret. Sys. of State of Hawai`i, 121 Hawai`i 462, 220 P.3d 1043 (Haw. Ct. App. 2009) 9, 10 Gagliardi v. Vill. Of Pawling, 18 F.3d 188 (2d Cir. 1994) 19 Gonzaga Univ. v. Doe, 536 U.S. 273 (2002) 14 2 Grace Bus. Dev. Corp. v. Kamikawa, 92 Hawai`i 608, 994 P.2d 540 (2000) 7 Great N. Ry. Co. v. Merchants'Elevator Co.Vo, 259 U.S. 285 (1922) 8 Hanabusa V. Lingle, 119 Hawai`i 341, 198 P.3d 604 (2008) 17 Hawai`i Gov't Emps. Ass'n, AFSCME Local 152, AFL-CIO v. Lingle, 124 Hawai`i 197, 239 P.3d 1 (2010) 8 Jun Dai v. Nikaido, Civ. No. 17-00271 KJM, 2018 WL 3118181 (D. Haw. June 25, 2018) 20 Kaho`ohanohano v. State, 114 Hawai`i 302, 162 P.3d 696 (2007) 20 Kaiser Hawai`i Kai Dev. Co. v. City & Cty. of Honolulu, 70 Haw. 480, 777 P.2d 244 (1989) 12 Kapuwai v. City & Cty. of Honolulu, Dep't of Parks &Recreation, 121 Hawai`i 33, 211 P.3d 750 (2009) 5, 6, 7 Kokua Council for Senior Citizens v. Dir. of the Dep't of Health, N. CAAP-17-0000850, 2018 WL 6735173 (Haw. Ct. App. Dec. 24, 2018) 16, 17 Kona Old Hawaiian Trails Group v. Lyman, 69 Haw. 81, 734 P.2d 161 (1987). 9, 10, 13 Lee v. City of L.A., 250 F.3d 668 (9th Cir. 2001) 19 Leone v. Cty. of Maui, 128 Hawai`i 183, 284 P.3d 956 (2012) 7, 8 Meyer v. City & Cty. of Honolulu, 6 Haw. App. 505, 729 P.2d 388 (1986) 20 Miss. Power&Light Co. v. United Gas Pipeline Co.,, 532 F.2d 412 (5th Cir. 1976) 11 Pac. Lightnet, Inc. v. Time Warner Telecom, Inc., 131 Hawai`i 257, 318 P.3d 97 (2013) 9, 10, 12 3 Paysek v. Sandvold, 127 Hawai`i 390, 279 P.3d 55 (Haw. Ct. App. 2012) 11, 13 Pete Defense Fund v. Puna Geothermal Venture, 77 Hawai`i 64, 881 P.2d 1210 (1994) 15, Portman v. Cty. of Santa Clara, 995 F.2d 898 (9th Cir. 1993) 18 Rees v. Carlisle, 113 Hawai`i 446, 153 P.3d 1331 (2007) 14, 15 Reliable Collection Agency v. Cole, 59 Haw. 503, 584 P.2d 107 (1978) 14, 15 Save Sunset Beach Coalition v. City & Cty. of Honolulu, 102 Hawai`i 465, 78 P.3d 1 (2003) 5, 6 Shanks v. Dressel, 540 F.3d 1083 (9th Cir. 2008) 17, 18, 19 Texas &Pac. Ry. Co. v. Abliene Cotton Oil Co., 204 U.S. 426 (1907) 13, TON Servs., Inc. v. Qwest Corp., 493 F.3d 1225 (10th Cir. 2007) 10, U.S. v. W. Pac. R. Co., 352 U.S. 59 (1956) 9, 10, United Pub. Workers, AFSCME, Local 646, AFL-CIO v. Abercrombie, 133 Hawai`i 188, 325 P.3d 600 (2014) 10, Wedges/Ledges, 24 F.3d 56 (9th Cir. 1994) 18 Whitey's Boat Cruises, Inc. v. Napali—Kauai Boat Charters, Inc., 110 Hawai`i 302, 132 P.3d 1213 (2006) 14, 4 STATUTES Haw. Rev. Stat. § 46-4 4 Haw. Rev. Stat. § 46-4(a) 4, 7, 11, 12 Haw. Rev. Stat. § 41(a)(7), -(12) 4 Haw. Rev. Stat. §§ 46(a) 4 Haw. Rev. Stat. § 91-14 5, 13 Haw. Rev. Stat. § 46-4 (b) 7 Haw. Rev. Stat. § 91-14 (b) 7 Haw. Rev. Stat. § 632-1 7, 13, 15 Haw. Rev. Stat ch. 226 12 Haw. Rev. Stat. § 226-58 12 Haw. Rev. Stat. § 46-132 16 Haw. Rev. Stat. § 602-5(a)(3) 16 Haw. Rev. Stat. ch.46,pt. VII 13, 15 Haw. Rev. Stat. § 632-1(b) 14 Haw. Rev. Stat. § 46-127 15 Haw. Rev. Stat. § 46-121 15 OTHER AUTHORITIES Hawaii County Planning Department Rules of Practice and Procedure § 3-1 (2021) .... 4, 8, 17 Hawaii County Planning Department Rules of Practice and Procedure Rule 3 5 Hawaii County Planning Department Rules of Practice and Procedure § 3-1 (a) 6 Hawaii County Planning Department Rules of Practice and Procedure § 3-2 6 Hawaii County Planning Department Rules of Practice and Procedure § 3-5 6 Hawaii County Board of Appeals Rules of Practice and Procedure § 8-2 (2021) 5, 6 Hawaii County Board of Appeals Rules of Practice and Procedure § 8-17 5, 7, 13 Hawaii County Charter Hawaii County Charter § 6-7.2 (2022) 4,11 Hawaii County Charter § 6-7.2 (b)(5) 4 Hawaii County Charter § 6-7.2 (b)(8) 4, 6 Hawaii County Charter § 6-9.2(a) 4, 6 Hawaii County Charter § 6-9.2 (c) 5 Hawaii County Charter § 6-7.1 11, 12 Hawaii County Charter § 6-9.2 11 Hawaii County Charter § 6-7.2(b)(2) 12 Hawaii County Charter § 6-7.2 (5) 11 Hawaii County Charter art. VI, Chs. 1 20 Hawaii County Charter art. VI, Chs. 7 20 Hawai`i County Ordinance No. 96-7 1, 2, 3 Hawai`i County Ordinance No. 96-8 1, 3 5 Hawaii County Resolution Hawai`i County Resolution No. 317-12 2 Hawaii County Code Hawai`i County Code § 23-5 4, 6 Hawai`i County Code § 25-2-20 4, 6 Hawai`i County Code § 25-2-58 (2016) 4 Hawai`i County Code § 25-2-25 5, 7, 13 Hawai`i County Code ch. 25 12 Hawaii County Code § 30-4 16 Hawai`i County Code § 23-17 17 Hawaii County Code § 23-17(a) 18, 19 Hawai`i County Code ch. 23, div. 2 18 Hawai`i County Code § 23-15 18, 19 Hawaii Session Laws Hawai`i Session Laws Act 88, § 3 at 330 16 Hawai`i Session Laws Act 88, § 2 at 326 16 6 MEMORANDUM IN SUPPORT OF MOTION I. INTRODUCTION Plaintiff's lawsuit improperly negates Planning's power to implement the regulatory process the Legislature and County Council crafted for zoning administration and enforcement. The adjudication of Plaintiff's zoning enforcement claims requires the resolution of whether Oceanside violated zoning ordinances and conditions. The Legislature and County have placed the determination of zoning violations within the competence of Planning's Director and the Board of Appeals. Plaintiff could have invoked Planning's administrative process to obtain a final decision on the zoning enforcement issues but chose to sue instead. The matters requiring determination are not within a court's conventional expertise or experience and call for the technical, specialized knowledge Planning's staff possesses. Thus, the ripeness and primary jurisdiction doctrines prevent the Court from premature entanglement and interference in the zoning enforcement and other inextricably intertwined claims. Additionally, Plaintiff has no private right of action to enforce the Development Agreement between the County and Oceanside's predecessor, the Court lacks jurisdiction to grant mandamus relief against public officials, Plaintiff cannot meet the requirements for mandamus relief, Plaintiff has no constitutionally protected property interest to support its procedural due process claims and Planning and Director Kern are improper defendants. For these reasons discussed in detail below, this Motion should be granted. II. STATEMENT OF FACTS A. The Complaint Plaintiff's Complaint seeks to compel the County to strictly enforce Oceanside's compliance with the Ordinances' and Development Agreement's conditions regarding the construction of three roadways and their dedication to the County. Complaint¶¶5, 48-50. Plaintiff's Complaint arises from: • County Ordinance No. 96-7 ("Ordinance 96-7"), Conditions M(4) and M(5) (eff. Jan. 15, 1996), attached as Exhibit"1"; • County Ordinance No. 96-8 ("Ordinance 96-8"), Conditions L(4), L(5) and M (eff. January 15, 1996), attached as Exhibit"2"; 1 • the Development Agreement, Recitals M and N, made April 20, 1998,by and between the County and Oceanside's predecessor 1250 Oceanside Partners ("1250 Partners") ("Development Agreement"), attached as Exhibit"3"; • Planning Variance 10-027, dated January 31, 2011 ("Variance"), attached as Exhibit"4"; and • County Resolution No. 317-12, adopted November 9, 2012 ("Resolution"), attached as Exhibit"5". Complaint¶¶48-50, 54 68-70, 93-94. Plaintiff contends Ordinance 96-7, Conditions M(4) and M(5), and Ordinance 96-8, Conditions L(4), L(5) and M (collectively "Zoning Conditions") have— since 1996 -required Oceanside to construct and dedicate to the County three roadways it defines as: a. a North-South Connector Road(the `Connector Road'), b. an extension of the Halekii Street from the end of the then public portion thereof to the Mauka side of Mamalahoa By-Pass (`Mauka Halekii Extension'); and c. a continuation of Halekii Street Makai of the Mamalahoa By-Pass (`Makai Halekii Extension'). Id. ¶ 5; see also id. ¶50.1 Ordinance No. 96-7 changed the zoning of approximately 755 acres of real property to A- la. Conditions M(4) and M(5) state in pertinent part: M. . . . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: 4. construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit"B", which phasing of improvements shall be approved by the Department of Public Works. . . .; and 5. provide roadway stub-outs, generally shown in Exhibit"B", to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. I The County Defendants collectively refer to the roads forming the subject matter of this action, i.e., the Connector Road, Mauka Halekii Extension and Makai Halekii Extension as the "Roads". 2 Ordinance 96-7, at 15-16 (Exhibit "1"). Ordinance 96-8, similarly states: (L) . . . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (4) [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B" . . . ; and (5) [(6)] provide roadway stub-outs . . . to provide future connections between the subject property and the adjacent properties to the north and south . . . . (M) [(N)] All roadway improvements stated in Condition L . . . of this ordinance shall be dedicated to the . . . County of Hawai`i[.] Ordinance 96-8, at . . . (Exhibit "2"). 2 Plaintiff alleges the Development Agreement incorporates Ordinance 96-7 and Ordinance 96-8 (collectively "Zoning Ordinances“) and the Zoning Conditions established therein by reference; and the dedicated Roads the Zoning Conditions require are part of the consideration the County was to receive for locking the zoning designations set forth in the Zoning Ordinances. Complaint 41152-54. Plaintiff contends the Roads have not been built to dedicable County standards and the dedication of said Roads has yet to be lawfully effectuated, therefore, in violating the Zoning Conditions Oceanside has breached the Development Agreement. Id. ¶31. Plaintiff asserts the County has not enforced the Zoning Conditions or the Development Agreement's requirements relating to the Roads' construction and dedication. Id. 11130, 129. Plaintiff alleges the Variance and Resolution allowed Oceanside to improperly circumvent the Development Agreement's and Zoning Conditions'requirements for the Roads. Id. ¶¶68-70, 92-94. Plaintiff further contends the County's grant of the Variance violated its substantive and due process rights under the United States and Hawai`i Constitutions. Id. ¶¶ 143-151. Plaintiff seeks, inter alia, the following forms of relief against the County: 2 Although the Complaint repeatedly cites to Condition N, Ordinance 96-8, as a basis for Plaintiff's claims, the language the Complaint quotes is from Condition (M)[(N)] and not from Condition (N)[(0)]. Compare Complaint¶¶ 50, 132, 140 with Ordinance 96-8, at 26 (Exhibit «2” 3 • declaratory judgment the County unlawfully granted Oceanside Variance 10-027 to amend the Zoning Conditions regarding the Mauka Halekii Extension, id. ¶ 133, and at 34; • declaratory judgment the County impermissibly accepted Oceanside's dedication of the Mauka Halekii Extension through Resolution No. 317-12, id.; • declaratory judgment the Variance and Resolution were illegal and therefore void, id. at 35; • a writ of mandamus and/or an injunction requiring the County Defendants to enforce the Zoning Conditions within a Court-determined reasonable timeframe, id. ¶¶ 134-142, and at 34; and • a mandatory injunction requiring the County's immediate closure of the Mauka Halekii Extension until it meets dedicable standards. Id. at 35. B. Zoning Code Administration Hawai`i Revised Statutes ("Haw. Rev. Stat.") § 46-4 (Supp. 2022), entitled"County zoning", concerns the zoning power the legislature granted to the counties. Haw. Rev. Stat. § 46- 4(a)provides the counties' zoning power"shall be excised by ordinance which may relate to", inter alia, the"location of roads" and"[o]ther regulations"the council finds "necessary and property to permit and encourage the orderly development of land resources[.]" Haw. Rev. Stat. §§ 46(a)(7), -(12). "The ordinances may be enforced . . . by court order at the suit of the county or the owner or owners or real estate directly affected by the ordinances." Haw. Rev. Stat. §§ 46(a). Hawai`i County Charter ("Charter") § 6-7.2 (2022)provides the Planning Director with the exclusive power and duty to, inter alia, "administer the subdivision and zoning ordinances and regulations adopted thereunder", Charter §§ 6-7.2(b)(5), and "[r]ender decisions on proposed variances pursuant to law." Id. §§ 6-7.2(b)(8). Planning's Rules of Practice and Procedure ("Planning Rules") § 3-1 (2021) authorizes "an interested person" to petition the Planning Director for "a declaratory order as to the applicability of any statute provision, ordinance, or of any rule or order of the Director or [Planning]." Those who are unsatisfied with the Planning Director's final decisions on zoning or subdivision matters may appeal to the County's Board of Appeals. Charter §§ 6-7.2(b)(8), 6- 9.2(a); Hawai`i County Code ("HCC") §§ 23-5, 25-2-20, 25-2-58 (2016); County, Board of 4 Appeals, Rules of Practice and Procedure ("BoA Rules") § 8-2 (2021). The Board of Appeals is part of Planning. Charter § 6-9.2(c). Any person aggrieved by the decision of the Board of Appeals may appeal such action to the circuit court pursuant to Haw. Rev. Stat. § 91-14. HCC § 25-2-25; BoA Rules § 8-17. III. ARGUMENT A. The Court Lacks Subject-Matter Jurisdiction Over Plaintiff's Unripe Claims "It is axiomatic ripeness is an issue of subject matter jurisdiction." Kapuwai v. City & Cty. of Honolulu, Dep't of Parks &Recreation, 121 Hawai`i 33, 39, 211 P.3d 750, 756 (2009) (explaining courts are without jurisdiction to hear a case in the absence of ripeness, and vacating ICA's advisory opinion because issue was not ripe for decision). Plaintiff argues Oceanside is violating the Zoning Ordinances and Zoning Conditions and seeks enforcement of the same. Planning's administrative process for declaratory rules from Planning's Director, however, provides Plaintiff the opportunity to obtain final agency action on the applicability of the Zoning Ordinances, Zoning Conditions and Variance to Oceanside's property. See Planning's Rules, Rule 3 (Declaratory Rulings). Plaintiff has not availed itself of Planning's Declaratory Rulings process for the alleged Zoning Conditions violations, therefore, Planning has not issued final agency action on the same. Absent final action, Plaintiff's zoning enforcement claims are not ripe for adjudication. Under the ripeness doctrine, a court should reserve judgment upon a law pending concrete, executive action to carry its policies into effect. Save Sunset Beach Coalition v. City & Cty. of Honolulu, 102 Hawaii 465, 483, 78 P.3d 1, 19 (2003) (quotation marks, brackets and citation omitted) (declining to issue opinion regarding land use matters because issue was not ripe). In the context of premature review of administrative decisions, "[t]he need to avoid premature adjudication supports a definition of dispute that requires more than a difference of opinion as to policy." Id. (quotation marks and citation omitted). The rationale underlying the ripeness doctrine and the traditional reluctance of courts to apply injunctive and declaratory remedies to administrative determinations is to prevent courts, through avoidance of premature adjudication,from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effect felt in a concrete way by the challenging parties. . . . Thus,prudential rules of judicial self-governance founded in concern about the proper—and properly limited—role of courts in a democratic society, considerations flowing from our 5 coequal and coexistent system of government, dictate that we accord those charged with drafting and administering our laws a reasonable opportunity to craft and enforce them in a manner that produces a lawful result. Save Sunset Beach, 102 Hawai`i at 483, 78 P.3d at 19 (internal quotation marks, brackets and citations omitted) (emphases in original). [T]he foregoing rationale clearly recognizes the separation of powers doctrine as it relates to the adjudication of matters reserved for administrative agencies in the other branches of government. In other words, the administrative agency of a separate, coequal branch of government should be accorded the opportunity to first decide and enforce its own decisions without the premature interference by the judiciary. Kapuivai, 121 Hawai`i at 41, 211 P.3d at 758. "[R]ipeness is peculiarly a question of timing[.]" Blake v. Cty. ofKaua`i Planning COMM'n, 131 Hawai`i 123, 131, 315 P.3d 749, 757 (2013). Thus, when determining whether a claim is ripe: the court must look at the facts as they exist today in evaluating whether the controversy before us is sufficiently concrete to warrant our intervention. The ripeness inquiry has two prongs: the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration. The fitness element requires that the issue be primarily legal, need no further factual development, and involve a final agency action. To meet the hardship requirement, a party must show that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss. Id. (citation omitted). Plaintiff fails to meet both requirements. The first prong's required"final agency action"relates to Planning's Declaratory Rulings process. Plaintiff, as an "interested person", may petition the Planning Director to issue a declaratory order"as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the Department." Planning's Rules § 3-1(a). A public hearing may be held, id. § 3-2; and in acting on the petition, the Director must "consider all relevant comments and material of record". Id. § 3-5. If the declaratory order were adverse, Plaintiff could appeal the decision to the Board of Appeals. See Charter §§ 6-7.2(b)(8), 6-9.2(a); HCC §§ 23-5, 25-2- 20, 25-2-58; BoA Rules § 8-2. Thus, a declaratory order would indicate how the Director interprets and applies the Zoning Ordinances, Zoning Conditions and Variance to Oceanside's property and be based in part on Plaintiff's issues and arguments. Id. The Declaratory Ruling process would result in final agency action on Plaintiff's zoning issues which may or may not 6 inflict an actual, concrete injury on Plaintiff. Following final action and injury, Plaintiff's zoning enforcement claims would be ripe for adjudication. HCC § 25-2-25 (allowing appeals of BoA decisions "to third circuit court pursuant to chapter 91"); BoA Rules § 8-17 (same); see also Haw. Rev. Stat. §§ 46-4(b), 91-14(b). But Plaintiff has not invoked the Declaratory Rulings process to obtain Oceanside's compliance with the Zoning Conditions. Hence there is no final agency action regarding the Zoning Conditions' and Variance's applicability or Oceanside's obligations and compliance. Blake, 131 Hawai`i at 131, 315 P.3d at 757. ("The fitness element requires that the issue . . . involve a final agency action."); see also Grace Bus. Dev Corp. v. Kamikawa, 92 Hawai`i 608, 612, 994 P.2d 540, 544 (2000); Leone v. Cty. of Maui, 128 Hawaii 183, 284 P.3d 956 (2012) (stating ripeness requires the initial land-use decision-maker's final, definitive, decision (affecting the party before it) regarding how it will apply the regulations at issue to the subject property which inflicts an actual, concrete injury). Moreover, requiring final agency action determining Oceanside's obligations under, and compliance with, the Zoning Conditions prior to filing suit under Haw. Rev. Stat. § 46-4(a) is consistent with Haw. Rev. Stat. § 632-1's "actual controversy"prerequisite for conferring jurisdiction. Grace Bus. Dev. Corp., 92 Hawai`i at 613, 994 P.2d at 545. In contrast, permitting Oceanside to demand enforcement of the Zoning Conditions before the final administrative decision on applicability and compliance is made effectively grants Oceanside declaratory relief in contravention of Haw. Rev. Stat. § 632-1. Id. On the second prong, Plaintiff cannot show deferring judicial review to allow for administrative review and final action will result in direct and immediate hardship to Plaintiff, particularly where the complained of conduct occurred over a decade ago. Notably, the Complaint contains no allegations regarding the harm Oceanside's non-compliance is causing Plaintiff. Thus, Plaintiff's zoning enforcement claims are not ripe for judicial review, and a judicial determination would"constitute an advisory opinion akin to the issuance of an opinion where there is no subject matter jurisdiction." Kapuwai, 121 Hawai`i at 43, 211 P.3d at 760. Judicial action now would constitute "inappropriate judicial interference with an administrative decision of an entity within a separate, coequal branch of government that has not been 7 formalized and has not yet affected the challenging parties in a concrete way . . . thereby implicating separation-of-powers concerns." Id. at 43-44, 211 P.3d at 760-61. The ripeness doctrine also precludes the Court's premature adjudication of Plaintiff's due process claims. When landowners raise constitutional claims based on the effect of a land use authority's decisions and acts, "the ripeness doctrine operates"to prevent courts from entangling themselves in disagreements where an agency's determination could obviate the need to reach constitutional issue and to protect the administrative agency from judicial interference until the agency makes its final decision. Leone v. Cty. of Maui, 128 Hawai`i 183, 192, 284 P.3d 956, 965 (2012) (utilizing ripeness doctrine to determine propriety of adjudicating regulatory takings claim based on the effect of a land-use authority's decision). Moreover, "a fundamental and longstanding principle of judicial restraint requires that courts avoid reaching constitutional questions in advance of the necessity of deciding them." Hawai`i Gov't Emps. Ass'n, AFSCME Local 152, AFL-CIO v. Lingle, 124 Hawai`i 197, 208, 239 P.3d 1, 12 (2010) (determining circuit court erred in addressing constitutional issues without first giving HLRB opportunity to address statutory questions where agency's determination could obviate circuit court's need to reach constitutional issue). Plaintiff's due process claims relate to the Variance. Complaint¶¶ 143-151. Ripeness requires the Planning Director make a formal, final, concrete determination regarding the Variance's applicability and propriety which inflicts an actual, concrete injury on Plaintiff. Leone, 128 Hawai`i. But because Plaintiff has not invoked the Declaratory Rulings process to obtain a final decision regarding the Variance's application, it is unknown how the Director will interpret the Variance. See Planning's Rules, Rule 3-1. Plaintiff cannot characterize the issues as a violation of constitutional rights and bypass the administrative review process where the process may result in the reversal of the Variance's approval (rendering the issue moot3) or imposition of conditions for the Variance's continuance. Because the agency's determination may avoid the necessity of a constitutional determination, the administrative remedy should be pursued first. Leone, 132 Hawai`i at 477, 323 P.3d at 121. 3 Similarly, the County Council's action on Oceanside's pending request to amend the Zoning Conditions, see Oceanside's Mem. in Supp. of Mot. to Dismiss, filed May 11, 2023 (Dkt. 15), at 1, 6-7, and Ex. B thereto, may render Plaintiff's zoning enforcement issues moot. 8 B. Dismissal is Appropriate under the Primary Jurisdiction Doctrine The primary jurisdiction doctrine requires this Court to decline to exercise jurisdiction over the Zoning Enforcement and Variance claims. Suspending Court-jurisdiction would allow for the completion of administrative processes before judicial review. The primary jurisdiction doctrine "is concerned with promoting proper relationships between courts and administrative agencies charged with particular regulatory duties." U.S. v. W. Pac. R. Co., 352 U.S. 59, 63 (1956). "Primary jurisdiction applies where a claim is originally cognizable in the courts, and comes, into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body." Kona Old Hawaiian Trails Group v. Lyman, 69 Haw. 81, 93, 734 P.2d 161, 168 (1987) (citation omitted). Under the doctrine, "the court and the agency share concurrent jurisdiction over the matter." Pac. Lightnet, Inc. v. Time Warner Telecom, Inc., 131 Hawai`i 257, 272, 318 P.3d 97, 112 (2013).4 When this happens, the judicial process is suspended pending referral of such issues under concurrent jurisdiction to the administrative body for its views. Kona Old, 69 Haw. at 93, 734 P.2d at 168 (quoting W. Pac. R. Co., 352 U.S. at 64). "In effect, the courts are divested of whatever original jurisdiction they would otherwise possess"; and "even a seemingly contrary statutory provision will yield to the overriding policy"the doctrine promotes. Id. at 93, 734 P.2d at 169 (quotation marks, brackets and citations omitted). "[T]he doctrine is a prudential one, under which a court determines that an otherwise cognizable claim implicates technical and policy questions that should be addressed in the first instance by the agency with regulatory authority over the relevant industry rather than by the judicial branch." Fratinardo v. Emps. Ret. Sys. of State of Hawai`i, 121 Hawaii 462, 468, 220 P.3d 1043, 1049 (Haw. Ct.App. 2009) (quoting Clark v. Time Warner Cable, 523 F.3d 1110, 1114 (9th Cir. 2008). "[P]rimaiy jurisdiction presumes the claim at issue is originally cognizable by both the court and the agency." Pac. Lightnet, Inc., 131 Hawai`i at 269, 318 P.3d at 109. "Thus, the court must first determine whether the agency has exclusive original jurisdiction, in which case, the 4 The primary jurisdiction doctrine is distinct from the exhaustion doctrine, although both are comity doctrines between courts and agencies. Kona Old, 69 Haw. at 93, 734 P.2d at 168-69 (citation omitted). Exhaustion applies "where a claim is cognizable in the first instance by an administrative agency alone; land]judicial interference is withheld until the administrative process has run its course." Id. at 93, 734 P.2d at 169 (citation omitted). 9 doctrine of exhaustion would apply. If not, and the court finds that it does possess jurisdiction over the matter, the court can then decide if it is appropriate to apply the doctrine of primary jurisdiction." Id.5 If the court determines the doctrine applies, "the court, in its discretion, may determine whether to stay the litigation or dismiss without prejudice"Pac. Lightnet, Inc., 131 Hawai`i at 275, 318 P.3d at 115, "pending resolution of an issue within the special competence of an administrative agency." Fratinardo v., 121 Hawai`i at 468, 220 P.3d at 1049 (quoting Clark, 523 F.3d at 1114). Although the Court explained there is "no fixed formula for applying the doctrine", "[i]n every case the question is whether the reasons for the existence of the doctrine are present and whether the purposes it serves will be aided by its application in the particular litigation." W. Pac. R.R., 352 U.S. at 64. The doctrine's two underlying purposes are to: (1) address cases raising factual issues not within the conventional experience of judges or cases requiring the exercise of administrative discretion; and (2)promote uniformity and consistency in the regulatory process. Pac. Lightnet, Inc., 131 Hawai`i at 269, 318 P.3d at 109. Thus, a court must first determine the case raises issues of fact not within its conventional experience or requires the exercise of administrative discretion, in which case the agency the legislature created to regulate the subject matter should not be passed over. Pac. Lightnet, Inc., 131 Hawai`i at 269, 275, 318 P.3d at 109, 115 (citing Kona Old, 69 Haw. at 93, 734 P.2d at 169); see also United Pub. Workers, AFSCME, Local 646, AFL-CIO v. Abercrombie, 133 Hawai`i 188, 211, 325 P.3d 600, 623 (2014) (Acoba, J., dissenting). Second, the court must conclude the doctrine's application will promote uniformity and consistency in the regulatory process. Pac. Lightnet, Inc., 131 Hawaii at 269, 275, 278, 318 P.3d at 109, 115, 118 (citing Aged Hawaiians v. Hawaiian Homes Comm'n, 78 Hawai`i 192, 202, 891 P.2d 279, 289 (1995)).6 Invocation of the doctrine may be appropriate where, like here, the regulatory agency has matters pending before it which may influence the litigation. See TON Servs., Inc. v. Qwest Corp., 493 F.3d 1225, 1239 (10th Cir. s "Thus,primary jurisdiction is a jurisdictional issue . . . although it does not directly implicate a court's subject matter jurisdiction." Id. at 272, 318 P.3d at 112 (internal quotation marks and citation omitted) (citing Tamashiro, 112 Hawai`i 388, 430, 146 P.3d at 103, 145 (2006) (Pollack, J., dissenting) (noting court's conclusion it had concurrent jurisdiction with agency over matter means court has already decided it possesses subject matter jurisdiction). 6 The two elements for the application of the primary jurisdiction doctrine"are generally considered to be matters of law". Pac. Lightnet, Inc., 131 Hawai`i at 275, 318 P.3d at 115. 10 2007);Miss. Power&Light Co. v. United Gas Pipeline Co., 532 F.2d 412, 420 (5th Cir. 1976) ("The advisability of invoking primary jurisdiction is greatest when the issue is already before the agency."). Plaintiff's Complaint seeks an order commanding the County to enforce the Zoning Conditions and invaliding the Variance. Complaint¶ 140; id. at 34. The adjudication of the Plaintiff's zoning enforcement claims requires the resolution of whether Oceanside violated the Zoning Conditions and consideration of the Variance's propriety and applicability. This Court has concurrent jurisdiction with Planning over these issues for they are originally cognizable by both this Court and Planning. First, "there is a statutory private right of action set forth in HRS § 46-4(a), which gives the Circuit Court original subject matter jurisdiction over [Plaintiff's] zoning enforcement claims." Paysek v. Sandvold, 127 Hawai`i 390, 400, 279 P.3d 55, 65 (Haw. Ct.App. 2012) (holding plaintiffs' "zoning enforcement claims satisfies the conditions for applying the primary jurisdiction doctrine."), abrogated on other grounds by Bank of America, N.A. v. Reyes-Toledo, 143 Hawai`i 249, 428 P.3d 761 (2018); see also Haw. Rev. Stat. § 46-4(a) (allowing zoning ordinance enforcement"by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances"). Second, Haw. Rev. Stat. § 46-4(a) also granted the County the power to establish and enforce zoning laws. See Haw. Rev. Stat. § 46-4(a) (requiring counties' councils to "prescribe rules, regulations, and administrative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section"). The County, in turn, has placed zoning administration and enforcement issues within the special competence of the Planning Director and Board of Appeals. See Haw. Rev. Stat. § 46-4(a); Charter §§ 6-7.1, 6-7.2, 6-9.2.7 Because there's concurrent jurisdiction, the inquiry is whether the court may properly dismiss or stay the zoning enforcement issues as a matter of primary jurisdiction, pending Planning's review and action. Applying the two elements confirms the Court may. The enforcement of zoning regulations specifically crafted for a particular subdivision development does not fall squarely within the experience and expertise of courts generally. 7 The Planning Director is charged with the administration and enforcement of the zoning ordinances. Charter § 6-7.2(5). The Board of Appeals is responsible for hearing and determining appeals from the Planning Director's final decisions. Id. § 6-9.2(a). The Board of Appeals is organizationally a part of Planning. Id. § 6-9.2(c). 11 Rather, zoning enforcement involves technical matters calling for the special competence of the administrative expert. See Pac. Lightnet, Inc., 131 Hawai`i at 276, 318 P.3d at 116. At issue here is preservation of the regulatory process the Legislature and County Council crafted to effectuate the Hawaii State Plan guiding Hawai`i's future long-range development. See Haw. Rev. Stat. ch. 226. The task of implementing the Hawai`i State Plan has been delegated in large part to the counties. Haw. Rev. Stat. § 226-58 (requiring counties to create general plans); Charter § 6-7.2(b)(2) (requiring Planning Director prepare and implement County's general plan). "Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner." Haw. Rev. Stat. § 46-4(a). And zoning must "be accomplished within the framework" of the County's "long-range, comprehensive general plan" guiding the County's overall future development. Id. The counties "derive their zoning powers from Haw. Rev. Stat. § 46-4(a)"—the Zoning Enabling Act. Kaiser Hawai`i Kai Deu Co. v. City & Cty. of Honolulu, 70 Haw. 480, 483, 777 P.2d 244, 246 (1989). The Zoning Enabling Act compelled the County to enact the Zoning Code, HCC ch. 25, and rules, regulations and administrative procedures for enforcement consistent with the Hawai`i state plan and County general plan. Haw. Rev. Stat. § 46-4(a). The County has placed determination of zoning violations within the special competence of the Planning Director and the Board of Appeals. See Charter §§ 6-7.1 (establishing Planning and its Director); 6-7.2 (granting the Director power and duty to, inter alia, prepare and administer zoning and subdivision ordinances, regulations and maps), 6-9.2 (establishing Board of Appeals to hear and determine appeals from Planning Director's final decisions). Whether Oceanside is violating the Zoning Conditions is an issue within Planning's special competence, and the Charter and Planning's Rules provide a process to address it. Dancil v. Arakawa, 132 Hawai`i 472, 477, 323 P.3d 116, 121 (Haw. Ct. App. 2012). Whether Oceanside's acts are violative depends on a consideration of the goals, objectives, policies and priorities subsumed in the County general plan and the Kona Community Development Plan, facts peculiar to the subdivision's history and the area's geography and other relevant factors, generally unfamiliar to a judicial tribunal,but well understood by Planning. See Far E. Conference v. U.S., 342 U.S. 570, 573-74 (1952). The agency's resolution may reveal there is no basis for Plaintiff's complaints, satisfy Plaintiff and obviate the need to further pursue its claims or fall somewhere in the middle. Even 12 if Planning ultimately upheld Oceanside's acts, the administrative proceeding would produce information relevant and useful to judicial review. And after pursuing the available administrative remedies, Plaintiff would eventually be entitled to judicial review pursuant to Haw. Rev. Stat. § 91-14. HCC § 25-2-25; BoA Rules § 8-17. The concern here "is with the timing of the request for judicial relief" Kona Old, 69 Haw. at 93, 734 P.2d at 169. By requiring Plaintiff to first pursue resolution with Planning and Board of Appeals: Uniformity and consistency in the regulation of business entrusted to a particular agency are secured, and the limited functions of the judiciary are more rationally exercised, by preliminary resort for ascertaining and interpreting the circumstances underlying legal issues to agencies that are better equipped than courts by specialization, by insight gained through experience, and by more flexible procedure. Kona Old, 69 Haw. at 93, 734 P.2d at 169. Indeed, disparate zoning enforcement decisions by the courts and Planning would undermine agency authority and the State's uniform regulatory scheme. See Texas &Pac. Ry. Co. v. Abliene Cotton Oil Co., 204 U.S. 426, 441 (1907); Pac. Lightnet, Inc., 131 Hawai`i at 270, 318 P.3d at 110. Thus, the primary jurisdiction doctrine requires: (1)this Court decline to exercise its jurisdiction over the zoning-related issues; and (2) Plaintiff to first petition the Director for a declaratory ruling on the zoning enforcement issues and appeal any adverse determination to the Board of Appeals, before proceeding with its private right of action to enforce the Zoning Conditions in the Circuit Court. Kona Old, 69 Haw. at 93, 734 P.2d at 169; Paysek, 127 Hawai`i at 401, 279 P.3d at 66;Dancil, 132 Hawaii at 477, 323 P.3d at 121. C. Plaintiff's Claims to Enforce the Development Agreement Are Fatally Flawed 1. Plaintiff Has No Private Right of Action Under the Development Agreement Statute, Haw. Rev. Stat. ch. 46, pt.VII Plaintiff alleges Haw. Rev. Stat. § 632-1 vests the court with jurisdiction to issue declaratory and injunctive relief to enforce the Development Agreement and enjoin violations of the Zoning Conditions which are incorporated by reference into the Development Agreement. Plaintiff is incorrect as a matter of law. The declaratory judgment statute, Haw. Rev. Stat. § 632-1, grants courts of record the power to make "binding adjudications of right" in justiciable cases, in three types of civil cases: 13 [1] where an actual controversy exists between contending parties, or 121 where the court is satisfied that antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation, or [3] where in any such case the court is satisfied that a party asserts a legal relation, status, right, or privilege in which the party has a concrete interest and that there is a challenge or denial of the asserted relation, status, right, or privilege by an adversary party who also has or asserts a concrete interest therein. HRS § 632-1(b). In each case, the court must be satisfied a declaratory judgment will serve to terminate the uncertainty or controversy giving rise to the proceeding. Id. As the declaratory judgment statute makes clear, there must be some "right" at issue for the court to issue relief. Rees v. Carlisle, 113 Hawai`i 446, 458, 153 P.3d 1331, 1143 (2007). In Reliable Collection Agency v. Cole, 59 Haw. 503, 584 P.2d 107 (1978), the court incorporated the approach in Cort v. Ash, 422 U.S. 66 (1975), to determine whether"a private remedy is implicit in a statute not expressly providing one"—an analysis which also involves the determination of whether a statute creates a right upon which a plaintiff may seek relief. Reliable, 59 Haw. at 507, 584 P.2d at 109 (quoting Cort, 422 U.S. at 78). The Reliable Court adopted Cort's three relevant factors to make this determination: First, is the plaintiff'one of the class for whose especial benefit the statute was enacted['] . . . -that is, does the statute create a . . . right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? . . . Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? Id. at 507, 584 P.2d at 109 (quoting Cort, 422 U.S. at 78). Subsequent to Cort, court decisions have emphasized "the key inquiry is whether Congress intended to provide the plaintiff with a private right of action." Whitey's Boat Cruises, Inc. v. Napali–Kauai Boat Charters, Inc., 110 Hawai`i 302, 313 n. 20, 132 P.3d 1213, 1224 n. 20 (2006) (citation omitted). Sd Whitey's Boat Cruises recognized, courts "apply Cort's first three factors in determining whether a statute provides a private right of action though understanding that legislative intent appears to be the determinative factor." Id.; see also Gonzaga Univ. v. Doe, 536 U.S. 273, 284 (2002) ("For a statute to create private rights, its text must be phrased in terms of the persons benefited.");Alexander v. Sandoval, 532 U.S. 275, 286 (2001) ("The judicial task is to interpret the statute Congress has passed to determine whether it displays an intent to create not just a private right but also a private remedy."). 14 The Development Agreement statute, Haw. Rev. Stat. ch. 46,pt. VII ("Statute") creates no right protecting members of the public or an adjoining property owner from a party's noncompliance with a development agreement. Although the public or a neighbor may benefit from a development agreement, the Statute's text contains nothing indicating the Legislature passed it for their specific benefit. See Reliable, 59 Haw. at 507, 584 P.2d at 109. To the contrary, Haw. Rev. Stat. § 46-127 expressly states "a development agreement . . . once entered into, shall be enforceable by any party thereto, or their successors in interest . . . ." Plaintiff, however, is not a party to the Development Agreement. See Development Agreement, at 1 (Exhibit"3"). Moreover, the Statute's purpose is to protect a developer's vested development rights: The purpose of this part is to provide a means by which an individual may be assured at a specific point in time that having met or having agreed to meet all of the terms and conditions of the development agreement, the individual's rights to develop a property in a certain manner shall be vested. Haw. Rev. Stat. § 46-121. The Statute's purpose is not to protect the public or neighbors of lands subject to development agreements. These considerations make clear the Statute does not create a right for members of the public or neighbors like Plaintiff to enforce the Development Agreement. Enforcement is a matter between the parties to development agreement based on the Statute. Private enforcement by way of declaratory judgment is wholly inconsistent with the legislative scheme inherent in the Statute. See Reliable, 59 Haw. at 507, 584 P.2d at 109. Because the Statute provides Plaintiff no private right of action, Haw. Rev. Stat. § 632-1 does not confer jurisdiction on the Court to hear Plaintiff's Development Agreement enforcement claim. See Rees, 113 Hawai`i at 459, 153 P.3d at 1144. Therefore, a declaratory judgment compelling the County to enforce the Development Agreement in Plaintiff's favor is inappropriate, and Plaintiff's claims must be dismissed. Rees v. Carlisle, 113 Hawai`i at 458- 59, 153 P.3d at 1143-44. 2. The Circuit Courts Have No Power to Issue Mandamus Relief Against Public Officials "Subject matter jurisdiction is concerned with whether the court has the power to hear a case." Pele Defense Fund a Puna Geothermal Venture, 77 Hawaii 64, 67, 881 P.2d 1210, 1213 (1994). Plaintiff seeks mandamus relief to compel a County official to enforce the Development 15 Agreement against Oceanside. Complaint ¶¶ 135-140. The County's Mayor has the power and authority to administer the Development Agreement. Haw. Rev. Stat. § 46-132; HCC § 30-4. Hawai`i's Circuit Courts, however, do not have the power to grant mandamus relief against the Mayor, an elected officer of the County. Kokua Council for Senior Citizens v. Dir. of the Dep't of Health,N. CAAP-17-0000850, 2018 WL 6735173, *7 (Haw. Ct.App. Dec. 24, 2018) (concluding circuit court lacked authority to grant mandamus relief against DOH's Director). Only Hawai`i's supreme court has the authority to issue a writ of mandamus to the Mayor. Id. Although the supreme court's power to issue writs was long limited to inferior courts and judges, and a circuit court's power was limited to courts inferior to it, corporations and individuals, "the [Legislature's] 1972 amendments resulted in explicitly adding public office holders to the jurisdiction of the supreme court while not adding this expansive language previously used in the definitional provisions of the mandamus chapter to define the individuals to whom the circuit court could issue its mandamus orders." Kokua Council, 2018 WL 6735173 at *7. In 1972 amendments were aimed at coordinating statutes and court rules, eliminating inconsistencies, deleting outmoded provisions and making technical improvements. Id. 2018 WL 6735173 at *4 (citations omitted). The 1972 amendments "retained the circuit courts'power to issue mandamus to `individuals,'without amendment, . . . and amended the supreme court's powers with regard to mandamus[.]" Kokua Council, 2018 WL 6735173 at *6 (citing 1972 Haw. Sess. Laws Act 88, § 3 at 330; quoting 1972 Haw. Sess. Laws Act 88, § 2 at 326). Specifically, Haw. Rev. Stat. § 602- 5(a)(3)'s enactment added the following abilities to the supreme court's jurisdiction and powers: Igo exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court, or if the supreme court consents to receive the case arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices; and such other original jurisdiction as may be expressly conferred by law[.] Id., 2018 WL 6735173 at *5 (emphases added) (citation omitted). The 1972 amendments regarding the circuit courts'powers, see Haw. Rev. Stat. § 603- 21.7(2), and the supreme court's powers, see Haw. Rev. Stat. § 602-5(a)(3), remain unchanged until the present. Kokua Council, 2018 WL 6735173 at *6. Taking the Legislature's amendments in context, it is clear"it intended to carve out a species of`individual'i.e.,public officers, for the supreme court's writs, while leaving the circuit courts to issue mandamus relief 16 to other individuals." Kokua Council, 2018 WL 6735173 at *7. Thus, Plaintiff's claim for mandamus relief must be dismissed. 3. Plaintiff Cannot Meet the Standard for Mandamus Relief Even if this Court could issue mandamus relief against a public official (which it cannot), Plaintiff still would not be entitled to this remedy. "Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available." Hanabusa v. Lingle, 119 Hawai`i 341, 347, 198 P.3d 604, 610 (2008). The Development Agreement makes clear the County officials' enforcement duties are not ministerial or plainly free from doubt. See Development Agreement, § 25, at 20-21 (Exhibit "3"). It gives County officials broad discretion to determine whether there has been a material breach and to act when one has occurred. Id. Plaintiff also has other available remedies through the Declaratory Rulings process . Planning's Rules § 3-1. D. Plaintiff's Procedural Due Process Claims Fail as a Matter of Law Even if the Court addresses the constitutional claims now, ripeness concerns notwithstanding, see § III.A.1, supra, Plaintiff has no constitutionally protected property right to support its procedural due process claims. Plaintiff claims the County interfered with its right to procedural due process because it did not receive notice of the Variance application and, therefore, missed the opportunity to be heard before the County granted the Variance. Plaintiff essentially claims a constitutionally protected property interest in the denial of the Variance, contending HCC § 23-17 obliged 1250 Partners to provide it notice of 1250 Partners's Variance application, and 1250 Partners's failure to do so deprived Plaintiff of an opportunity to be meaningfully heard. Complaint¶¶ 147-148.8 Plaintiff's procedural due process claim fails because the Subdivision Control Code's variance procedure does not contain mandatory language significantly restraining the Planning Director's discretion. See Shanks a Dressel, 540 F.3d 1083, 1090 (9th Cir. 2008) (citation omitted). The Due Process Clause forbids the governmental deprivation of substantive rights without constitutionally adequate procedure. Id. (citation omitted). To obtain relief on a 8 HCC § 23-17 does not provide for a hearing on variance applications. Rather, the opportunity to submit written comments on the application comprises a third party's opportunity to be heard. HCC 23-17(a). 17 procedural due process claim, the plaintiff must establish the existence of"(1) a liberty or property interest protected by the Constitution; (2) a deprivation of the interest by the government; [and] (3) lack of process." Portman v. Cty. of Santa Clara, 995 F.2d 898, 904 (9th Cir. 1993)); see also Board of Regents v. Roth, 408 U.S. 564, 569 (1972). Not every procedural requirement ordained by state law creates a substantive property interest entitled to constitutional protection. Shanks, 540 F.3d at 1080 (citations omitted). Rather, a protected property interest is present where an individual has a reasonable expectation of entitlement deriving from "existing rules or understandings that stem from an independent source such as state law." Roth, 408 U.S. at 577. "A reasonable expectation of entitlement is determined largely by the statutory language of the statute and the extent to which the entitlement is couched in mandatory terms." Ass'n of Orange Cty. Dep. Sheriffs v. Gates, 716 F.2d 733, 734 (9th Cir. 1983). "Although procedural requirements ordinarily do not transform a unilateral expectation into a protected property interest, such an interest is created if the procedural requirements are intended to be a significant substantive restriction on decision making." Wedges/Ledges, 24 F.3d 56, 62 (9th Cir. 1994) (internal punctuation and citation omitted). Plaintiff does not have a legitimate claim of entitlement to the denial of Variance application in accordance with the Subdivision Control Code's provisions on variances, i.e., HCC ch. 23, div. 2. Procedural due process claims generally fail where the relevant law does not contain mandatory language significantly constraining the decision maker's discretion. Shanks, 540 F.3d at 1090. Only if the governing ordinance compels a result "upon compliance with certain criteria, none of which involve the exercise of discretion by the reviewing body," does it create a constitutionally protected property interest." Shanks, 540 F.3d at 1091 (citations omitted). Conversely, an ordinance like HCC § 23-15 (Grounds for variances), granting the Planning Director substantial discretion to approve or deny an application, does not create a property right. The County ordinance here contains mandatory procedural language. HCC § 23-17(a) states a variance applicant"shall" serve notice of the application on owners of interests within three hundred feet of the perimeter boundary of the applicant's property and other property owners directly affected by the variance sought, within three working days of the applicant's receipt of notice of the scheduled date for the director's consideration of the application. The ordinance further provides the notice "shall state" the consideration date and explain the date is 18 the deadline for the director's actual receipt of written comments on the application. HCC § 23- 17(a). The mandatory language does not, however, dictate any particular outcome resulting from comments. Id.; see also HCC § 23-15. The ordinances say nothing about whether the Planning Director is required to deny or approve the application on the basis of comments received. There is no language imposing particularized standards significantly constraining the Director's discretion to issue variances which would create a protected property interest in the variances' denials. See Shanks, 540 P.3d 1082, 1091 (9th Cir. 2008) (citation omitted). Rather, the Director is to determine open-ended criteria: whether there are "special or unusual circumstances" applying to the property which could deprive "substantial"property rights, "reasonable alternatives" and whether the variance will be "materially detrimental to the public welfare" or"cause substantia, adverse impact" on an area's character or to adjoining properties. HCC § 23-15. Thus, neither HCC § 23-15 nor § 23-17 mandate any outcome based on objective criteria; therefore, the ordinances do not create a constitutionally cognizable property interest in the denial of a third-party's variance application. Shanks, 540 F.3d at 1091. Resultingly, Plaintiff's procedural due process claim fails. Shanks, 540 F.3d at 1091-92. Absent a substantive property interest in the outcome of procedure, Plaintiff is not constitutionally entitled to insist on compliance with the procedure itself. Id. at 1092. The deprivation of a procedural right to provide comments on a variance application is not actionable where there is no protected right at stake. Shanks, 540 F.3d at 1092 (quoting Gagliardi v. Viii. Of Pawling, 18 F.3d 188, 193 (2d Cir. 1994). Plaintiff does not have a legitimate claim of entitlement to the comment review allegedly required by the Subdivision Control Code. Id. E. The Fifth Amendment is Inapplicable Because There Is No Federal Defendant The Fifth Amendment's due process clause applies only to actions of the federal government, not state or local governments. See, e.g.,Lee v. City of L.A., 250 F.3d 668, 687 (9th Cir. 2001). Nothing alleged in the Complaint implicates a federal actor, and it is undisputed none of the County Defendants are federal actors. Accordingly, Plaintiff's due process claims based upon the Fifth Amendment must be dismissed. 19 F. Planning and Director Kern Must Be Dismissed With Prejudice Planning is an improper party to this action because it is not an independent entity and lacks the legal capacity to sue or be sued. Pursuant to Charter, art. VI, chs. 1 and 7, Planning is under the supervision of the County's Managing Director. "Departments placed under the supervision of the managing director of the [County] are not independent legal entities." Jun Dai u Nikaido, Civ. No. 17-00271 KJM, 2018 WL 3118181, at *6 (D. Haw. June 25, 2018). Any claims against Planning are claims against the County. See Meyer v. City & Cty. of Honolulu, 6 Haw.App. 505, 507 n.1, 729 P.2d 388, 390 n.1, aff'd in part, rev'd in part on other grounds, 69 Haw. 8, 731 P.2d 149 (1986) (holding police department should have been dismissed because it was not an independent legal entity). Plaintiff has named the County as a party in its Complaint. Accordingly, Planning must be dismissed from this action without leave to amend. See Jun Dai, 2018 WL 3118181, *6 (dismissing Department of Design and Construction with prejudice). Similarly, because Plaintiff is suing Director Kern in his official capacity only, naming Director Kern in this action is a redundant suit against the County. See Kaho`ohanohano v. State, 114 Hawai`i 302, 337, 162 P.3d 696, 731 (2007) ("a suit against a state official acting in his official capacity is essentially a suit against the State"). Where both the County and an official- capacity officer have been named as parties in an action, it is proper for the Court to dismiss the official-capacity officer, leaving the County as the correct defendant. Jun Dai, 2018 WL 3118181, *6. Because the official capacity claims against Director Kern duplicate Plaintiff's claims against the County, Director Kern must be dismissed. See Carnell v. Grimm, 872 F. Supp. 746, 752 (D. Haw. 1994) (dismissing as duplicative claims against officials in their official capacity where municipality had been sued). IV. CONCLUSION For the foregoing reasons, the County respectfully request this Motion be granted. Dated: Hilo, Hawai`i, May 25, 2023. /s/Lerisa L. Heroldt LERISA L. HEROLDT Deputy Corporation Counsel Its Attorney for County Defendants 20 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAI`I C & J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, Plaintiff, DECLARATION OF LERISA L. HEROLDT vs. COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants. DECLARATION OF LERISA L. HEROLDT I, LERISA L. HEROLDT, declare as follows: 1. I am a resident of the State and County of Hawai`i, over the age of 21 years, employed as a Deputy Corporation Counsel with the County of Hawaii and am licensed to practice law before all courts with the State of Hawaii. 2. I represent Defendants COUNTY OF HAWAII ("County"); COUNTY OF HAWAII, PLANNING DEPARTMENT ("Planning"); and ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT (collectively "County Defendants"). 3. I make this Declaration based upon my personal knowledge gained in my capacity as a Deputy Corporation Counsel representing the County Defendants in the above-captioned action and am competent to testify concerning the matters set forth below. 4. Attached hereto as Exhibit"1" is a true and correct copy of County Ordinance No. 96-7 (eff. Jan. 15, 1996). 5. Attached hereto as Exhibit"2" is a true and correct copy of County Ordinance No. 96-8 (eff. Jan. 15, 1996). 6. Attached hereto as Exhibit"3"is a true and correct copy of the Development Agreement between Defendant 1250 OCEANSIDE LLC's predecessor 1250 Oceanside Partners and the County, dated April 20, 1998. 7. Attached hereto as Exhibit"4" is a true and correct copy of former Planning Director BJ Leithead Todd's certification of approval of 1250 Oceanside Partners'Variance Application 10-027, dated January 11, 2011. 8. Attached hereto as Exhibit"5"is a true and correct copy of County Council Resolution No. 317-12, which the County Council adopted on November 9, 2012. I declare under penalty of law the foregoing is true and correct. Dated: Hilo, Hawai`i, May 25, 2023. /s/Lerisa L. Heroldt LERISA L. HEROLDT Deputy Corporation Counsel 2 COUNTY OF HAWAII STATE OF HAWAII ElectronicallYf d TMit:14110uIT 3CCV-2 3EO 123) 96 7 ORDINANCE NO. 25-MAY-2023 04:55 PM Dkt. 22 EXH AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII , KEEKEE 1ST AND 2ND, ILIKAHI , KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-9-12 :4 , 11 AND PORTION OF 3 AND 8-1-4 : PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Section 25-87, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A-1a) : PARCEL 1 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall , the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5 , 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South: 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S . W. Makahiki to a point : Thence, following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the right with a radius of 470 . 00 feet , the chord azimuth and distance being: EXHIBIT "1" 2 . 316° 23 ' 15" 424 . 98 feet to a point; 3 . 343° 16 ' 839 . 35 feet along the remainders of Grant 2029 to S . W. Makahiki, Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point ; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 4 . 329° 59 ' 30 " 473 . 03 feet to a point; 5 . 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270 . 00 feet, the chord azimuth and distance being: 6 . 345° 33 ' 1224 . 95 feet to a point; 7 . 14° 23 ' 350 . 20 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 8 . 354° 32 ' 30" 699 . 21 feet to a point; 9 . 334° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, for the next three (3) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : -2- EXHIBIT "1" 10 . 66° 00 ' 770 . 00 feet to a point ; 11 . 74° 30 ' 930 . 00 feet to a point ; 12 . 67° 00 ' 285 . 65 feet to a point ; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall : 13 . 179° 00 ' 416 . 28 feet to a point ; 14 . 149° 00 ' 221 . 00 feet to a point ; 15 . 52° 00 ' 205 . 00 feet to a point; 16 . 67° 00 ' 304 . 00 feet to a point ; 17 . 80° 00 ' 573 . 00 feet to a point ; 18 . 102° 00 ' 259 . 00 feet to a point ; 19 . 136° 00 ' 441 . 00 feet to a point ; 20 . 120° 00 ' 641 . 00 feet to a point ; 21 . 137° 00 ' 256 . 00 feet to a point ; 22 . 168° 20 ' 1123 . 00 feet to a point ; 23 . 163° 30 ' 456 . 00 feet to a point ; 24 . 206° 00 ' 214 . 09 feet to a point ; 25 . 243° 00 ' 693 . 46 feet to a point ; 26 . 193° 00 ' 282 . 00 feet to a point ; 27 . 222° 00 ' 513 . 00 feet to a point ; 28 . 210° 19 ' 324 . 00 feet to a point ; 29 . 198° 00 ' 497 . 68 feet to a point ; 30 . 181° 00 ' 307 . 60 feet to a point ; 31 . 258° 00 ' 140 . 74 feet to a point ; 32 . 188° 49 ' 30 " 106 . 80 feet to a point ; 33 . 170° 53 ' 443 . 95 feet to a point ; -3- EXHIBIT "1" 34 . 268° 39 ' 20 . 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35 . 272° 51 ' 57 . 35 feet to a point; 36 . 267° 36 ' 189 . 05 feet to a point; 37 . 269° 43 ' 203 . 15 feet to a point; 38 . 275° 15 ' 223 . 35 feet to a point; Thence, for the next three (3 ) courses following along middle of stonewall and along Royal Patent 1098 , Land Commission Award 614 to Charles Hall : 39 . 268° 14 ' 434 . 20 feet to a point; 40 . 275° 04 ' 236 . 30 feet to a point; 41 . 262° 13 ' 206 . 40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less . (Refer to Parcel 1 as shown on Exhibit "A" ) . SECTION 2 . Section 25-88, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-la) : -4- EXHIBIT "1" PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1587 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 601 . 01 feet North and 2 , 479 . 11 feet East and running by azimuths measured clockwise from True South: 1 . 334° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point : Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left with a radius of 705 . 00 feet , the chord azimuth and distance being: 2 . 298° 34 ' 831 . 43 feet to a point ; 3 . 262° 26 ' 397 . 26 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645 . 00 feet , the chord azimuth and distance being: 4 . 277° 14 ' 329 . 53 feet to a point ; 5 . 292° 02 ' 85 . 32 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of -5- EXHIBIT "1" 30 . 00 feet, the chord azimuth and distance being : 6 . 337° 02 ' 42 .43 feet to a point ; 7 . 22° 02 ' 35 . 26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being: 8 . 6° 12 ' 384 . 70 feet to a point ; 9 . 350° 22 ' 60 . 05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: 10 . 6° 42 ' 30" 362 . 96 feet to a point ; 11 . 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius or 705 . 00 feet, the chord azimuth and distance being: 12 . 6° 06 ' 411 . 07 feet to a point ; 13 . 349° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point ; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645 . 00 feet , the chord azimuth and distance being : -6- EXHIBIT "1" 14 . 3 ° 07 ' 311 . 35 feet to a point ; 15 . 17° 05 ' 307 . 17 feet along the remainders of Grant 1464 to Ialua and Grant 1576 to Lohi to a point ; Thence, following along the remainders of Grant 1576 to Lohi, Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130 . 00 feet, the chord azimuth and distance being: 16 . 349° 47 ' 1036 . 55 feet to a point ; 17 . 322° 29 ' 272 .49 feet along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870 . 00 feet, the chord azimuth and distance being: 18 . 352° 50 ' 30" 879 . 41 feet to a point ; 19 . 23 ° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 20 . 78° 08 ' 30" 958 . 38 feet to a point ; Thence, following along middle of stonewall and along Grant 1162 to F . 0. Shulze, the direct azimuth and distance being: 21 . 57° 14 ' 50" 1532 . 00 feet to a point ; -7- EXHIBIT "1" Thence, for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole : 22 . 160° 00 200 . 00 feet to a point; 23 . 149° 00 ' 452 . 00 feet to a point ; 24 . 160° 51 ' 628 . 00 feet to a point ; 25 . 152° 30 ' 327 . 00 feet to a point ; 26 . 182° 19 ' 313 . 00 feet - along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27 . 171° 27 ' 400 . 00 feet to a point ; 28 . 161° 20 ' 606 . 00 feet to a point ; 29 . 175° 16 ' 440 . 00 feet to a point ; 30 . 182° 42 ' 30" 1190 . 00 feet to a point ; 31 . 155° 00 ' 489 . 00 feet to a point ; 32 . 181° 00 ' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 33 . 153° 00 ' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 34 . 179° 00 ' 126 . 72 feet along the remainder of Royal Patent 1670 to John D. -8- EXHIBIT "1" Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 35 . 247° 00 ' 285 . 65 feet along Grant 1651 to Charles Hall to a point ; 36 . 254° 30 ' 930 . 00 feet along Grant 1651 to Charles Hall to a point ; 37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John Peters to the point of beginning and containing an area of 372 . 010 Acres , more or less . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof herein after referred to as "subject property" ) . SECTION 3 . 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 . B . The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District . C. The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property with the acceptance of the prevailing facilities charge for the 499 units of water by the Department of Water -9- EXHIBIT "1" Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the 500th lot within the development area, the applicant shall secure the necessary "Water Commitments" and comply with the Department of Water Supply' s "Water Commitment Policy" for the remaining units of water for the proposed subdivision and golf course development . D . Subdivision plans for any portion of the subject property for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance . E . A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable . F . All electrical and communication utilities and systems within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site . G. A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property. -10- EXHIBIT "1" H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans : 1 . an archaeological data recovery plan for the sites to undergo data recovery, 2 . a detailed interim protection/preservation plan for the sites to undergo preservation, and 3 . an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. 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 it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of -11- EXHIBIT "1" Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to and approved by the Planning Director prior to final subdivision approval , or any land alteration activity, whichever comes first . The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses, parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e .g. , Conservation District Use Approval , Special Management Area Use Permit, etc . ) ; provided, further, that the applicant shall be responsible to comply with the following terms and conditions : 1 . An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from -12- EXHIBIT "1" the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; 2 . Upon opening the first phase of the park area, a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike . The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and 3 . The public shoreline access plan shall also integrate where appropriate, any public accessway (s) to interpretive trail system (s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district . -13- EXHIBIT "1" L. Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails; provided, that restrictions will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area' s pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions . This condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264 , Hawaii Revised Statutes; M. Roadway improvements and access (es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki' i Street intersection; -14- EXHIBIT "1" 2 . determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the applicant' s reimbursement to the county for the acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki ' i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; 4 . construct the extension of Haleki ' i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the -15- EXHIBIT "1" Department of Public Works . If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki' i Street improvements . The purpose of this condition is to prevent the use of Haleki' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and 5 . provide roadway stub-outs, generally shown in Exhibit "Be, to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein -16- EXHIBIT "1" and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to the subject property; N. In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements . -17- EXHIBIT "1" 0. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads . The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments . If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment . The fair share contribution for each lot , except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of building sites as determined by the zoning of such lot . 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 $7, 239 .16 per lot. Based upon the applicant' s representation of intent to subdivide and develop up to 400 lots, the indicated total fair share contribution is $2, 895, 664 .00, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. -18- EXHIBIT "1" The fair share contribution shall be allocated as follows : 1 . $3 , 490 . 85 per lot , for an indicated total of $1, 396, 340 . 00 to the County to support park and recreational improvements and facilities; 2 . $168 . 40 per lot , for an indicated total of $67, 360 . 00 to the County to support police facilities; 3 . $332 . 61 per lot, for an indicated total of $133, 044 . 00 to the County to support fire facilities; 4 . $145 . 62 per lot , for an indicated total of $58, 248 . 00 to the County to support solid waste facilities; 5 . $3 , 101 . 68 per lot , for an indicated total of $1, 240, 672 . 00 to the State or County to support road and traffic improvements . The fair share contributions 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 (HOPI) . In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. The cost of constructing the improvements required in Conditions J, K and M shall -19- EXHIBIT "1" be credited against the sum specified in Condition 0 (4) for solid waste facilities, Condition 0 (1) for parks and recreation, and in Condition 0 (5) for road and traffic improvements . For purposes of administering Condition 0, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies . P. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. Q . 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 . R. 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. -20- EXHIBIT "1" S . 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 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. 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 or more appropriate designation. -21- EXHIBIT "1" SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: e COUNCIL MEMBER, AUNTY OF HAW I Hilo, Hawaii Date of Introduction: December 15, 1995 Date of 1st Reading : December 15, 1995 Date of 2nd Reading: January 3 , 1996 Effective Date : January 15 , 1996 APPROVED GVED rs to jL7;'. ^nd £ -ALM( DEPu .L, CCrCOUNSEL. CCJNTY OF HAWAII Date.2/5/17 -22- EXHIBIT "1" .i r' Y .wJ• .',. ^i T1 i r1 1�� ,, ft r:'I -,.."•.' ... I r_, .a .,.,„.....:,......„. a, 1. , 11/ . S • L t br. '� N t. t� rla k. r /�� i ,� r' I 0 i f V _._.�_®_ C 5` t / X r tom. -- ®- C -, , •, /J '',�� ` 'e-._.� Y.. „ '> j� . ........_....t.,'•••••" r n — «^ o.z f ,,,u,..«.6.•„„„„,,,,,,,,,win..........................”- I .I.. ..... -- .• \ �-- _ _ rr. ---------—- i 1;-� ,.a ••., f I r .�� N �'. int �..� _LI. �;__s- ~- �__ �_�_� l:• f: • r �_ r I c ,.. Gi ' .«. N 1 L_ i ! .. ...... ., //�• :ter• ,L =I -° ... ` --..,•.. .... ,.. t , , r'' # o ... i )1 r nI w C L vn L V ,.r. ,, a.. c •A ,,1, ! s'-• II ri I � 1. i!!= 11 Ip 1 i' i i T t X c V L I J•. 11 ! !i 11. ‘g i Fl t. 1` ri ; : -PC _- • ii e,-,, 1! d r e t t s _ li ' S !! 1. ':.� :=Yzzi Zit 1 h • i I = Z t,r.;tile' :D iet:ls i t s i i i% t t p ° I. .i/ f •i'� i x : - tt : m iii, fiNii a 3s g.1_ - r I • • EXHIBIT "1" ,• Ezi 0 ' 7* --"er*I'14. s' 5.--'4.4v-.4"1„' '-. ‘2 .. -.",-;_......._s_' 2 ) .-... • k•-: '\'`v•-' •''.• - 1 , ,. > = .i c ) ,\ (,--r,,I., :44:.1/4„, , , • 1,./. 7-- • —7: y 1; '"•=4 ' ' --4'irk,:-.: ..:••=\::•,.. /i,,),'''...k,«i, :•;,i,..t.i. .c 0 c - , ,•?,, )73---7")i- •••- , , ----- .../ ( i Ji l' - ,:.•••:, ,isi .k 1 ? 'f•••4-k .i ii,. J••• . ,..q ,..:_. . - , , , t } -1-:,`• IL:4: Z v.....1eloolog F.,.._ ,, .-‘cr_2, --...,-- 1- '7, Cifj 0 '','4s',i, Ft.:izirh.t4-i-, 4:. .... ' • ..._. ..7.4_2.. ,... , ; g.). 4-- -..,.''.. i °1- . • P.'-,,. 111 $ ) ) 1 f Skil-)tl'' 's •-•-' ' .4) • •'. ' , r . 0 \A•i••t•, .,,,f ..--..t.- '`' ..; -'-k • '• .,7ft , i ' :?q- ' 'c-•" --., ... • - , s••• r ; C 3\'''`.'T• s"....?9,t4.4,j i • •pL, -":".'i-••... i 1 ; ''''`J., Mt: . .- , i--;#1,-, ••• ( •( i -• -! , ?.. . _ „ • , , k...: ...---". ;:, . tilran„ • ' ..., . ••• ) .--*•-•-•1.--.4......1, i____j -74114 ,-4:1,. I i -_ .\ 4/ ajok, - . . - : 4••. 1•-•,- ,-„„„,. j • • '7'••.--, t 11%. , . ,. ,......., / •' •• - - • ' - I. . ' 'i ''''''•' 0 • ' I ' . 7 ; 4 •. / . 7 ' iki, ... • .• / ' 4 it 1 -. i %• ' '' •• . . 7 • Ar• . ,A stV ' :•'"-' . . :,..,..-.:. , \. , .1,, ' ;. .0:9 / # '''' ' .. ' ,,, .,,,i -.4•S 0 ' . ' •- - ...Or 0 ' a° •Z ' • Or' •ir...,...r. 1 . I • ;-•,- 1 *. -'1.' ' p,,, .-.f - • , g • - a .,- • _ fj - 71-7--- . 1 • \.`• - ...„- _ . :...)". i ••• -1'.' .,£"-. -5- • ,•r-; , k. ''ik•"" --I's '-' !--. • -(.2../ -'1144;H. I ,- ', 1.,,.',,r .5" 11.2„.....i"'"•)-.Ps-1,..-7--1\----1,,\j:: • At-r • - ""; .< - . -,-• .i !. ‘-.., ,,,iwi ...i .„ .,„.40 --'' ,..-„iir-rof . i. ? , .....i ' i - IF -,---% -• ,. - . ,- ' ,/ . 1, N ,,44,,,r1411,,, , ; ''''-----4,--__1_,.: ' 1 s -tr-- I 1 . •• 'F. • ' /1. I ".. • , ,- • i. ••' ..)'' NA‘'..., 1161 1 "• • i . -). ,- .‘„,..............,......,.. .. ,. t. .„„, itiop,r; „,1. , , i ii........ ...............,1 1 ...... r A .. IR ...,, ,f., i it' ‘• ; -.C. --_, . to,;_cr,mirilt k ' 1 'c I , ,,, , N . , ...,/,.............."...., .. ..,, , lir dr,.. . .; , \ . •-f--,..-1-•••./ Ns, , • .. _ 7 9.-,!IP -= - -- - .„, ,, , .,•}3 •••••••'', r , l'. •,' ` ' 1 / ' r -- - / -, 1 _ • 7-..zs•., .,..A0 L ••--( .it t. .11/.......A •tf Mitr-ave •',:„...1 ''1 • '-, ' - ,l'r .''' -a....."41'44feAL !'--: ------• ' vw • . L V,,,V --Nt ) d,', )4 '• 1 1 I • I 'Ir - • ....•''t i ' ...7-"--''""';'''`''' . ,. L,c7 ,.i.L.'S' el , . A . .' •,' •,m AP , 4411T , .".•-. ,,, %III kkg•-"-1. ) (, r )•:., % f •A/? , s,' ArrO „A ' - : ..„:410....". ;.. .,'..., ' , ,,,.,11 i ;;;J, on wpm .- , , Ips. • ' , -r---c,,,... 1 (. i it._ , . ''''' .7--frfr:-.., -e.Q.4.1:41,,? r.1,1 ; j - Irthi,"1---traf 0,' yi IC - ....'• '''/ Er k (• .- • ,...‘; .,\\•,, ,,170 i, );) t 1 , , ). • • ----- - - ,.., ., -! ..-; r f . ..-Ax:p." . ...-- -k„..- raj ' ' / . •1' '-'--7,,..4,- .-r \!))1;Jiffs, ;- -cy-i,, - ,,,,....,,•• .N i• ''' . ,-, '1. ,Je(k „--er, at .- -i. iur, - ' .."?'14 C; .. 21if •t''.' ...,A jil ' WWII .'' 1, .."111 :454.‘ -- ----,.. ......,..-'i, ... , it, ,,, u•,7,; ...:., .2, - , .) , .,•,,,, , i / s,,,,k,......s.‘',....,./ -.... :- i - `,1 151111". 11C . .1.' raw 0 22 -1 A 111 . A .4''''•'-'` 4.. .0',4fItifib4-1-kr q -4. 1, , . „-•fro .iiii:0)4+. ; A 17- 4:',.'Z....--, -- -- 2c).., ‘4,,. - ,t, .101101 -argititt 's•ii0 (#)• • - . III • •-I - t •- ' '5 - ... , IR.- ' " '''""•4 - * ' 'li -IIII '*LP.. ''ll'ilf id,4 • eTi • ''.4`• - ti'kit 411 , r ').;\ f te , i 4 -4-` - . -L.P -• - • f--,-,Y, • --, % 141 ,- • .:dart-Au- ,, )- % 1 I•2f( , ..',., -,.,r/ i l ,, . • II i L.,„;- ,f,-,• k, l'•,/, .6. illtIV..g %%_.ik `'. , ,,,-, .riy4141/te r- ..., -'0,r _ - , lip tte;.,,,,,,,,..-4,.i-,,,0„,..1' ' ,....14-1 -‘ —i-Ozo ri,‘ cl- ./,;-(4P,11'•% ., . ,......„ ,..., p 4r.,,,..v„• 1 . . l' .... .... air # py, , •••7-,-,,,,....., ...4 , ra., "" III - ••, ‘‘,IL , ( i , %:.'' , 0 '-•"" ' '''' • eiies•.,, i" 4'6," •-, r . 1 Ili s-sp ., 4f4ror- .±144 40, z, A \,,, 41 .,, _‘, , u (Ci7/?/ 1, J• r ' .11-r l'...0t -fer-sof --.4iw dif ,., _ , ,, •,, , „, , ,,\, „ . _,..,,, .. ..k) ' ' rig flfixts ., el /4 ....._ . le”Ba,, v )0,,y f (, l'/ Cr?'` c'irli(') ,, ....; - -- , .--, ,11 , .4 vr. •FAfA- ..... ,.• - „va -,5.\ ' 4: - • r..”. k, 400/6 ..Altrilef OW I / 1 m ,, . , e ,_ iitcti,-, ,lt c) 2, wa\sv.rgw.i. .,., ' C 4,• , , , / Qiik \. 0 ,-/d",, k ! ' -", '1" '''', '' Ai t X' ' 7°''j '., I 1611 "" f t-1.,1-._ i ,„ti,.. . ,,4",, -1-i ,....i •\''''-i '''''''..'1,4., Pkiv,0%, 110-1, ', : e - 57, ' 141 ////jir.,5'i 1, \ s"' *:) \ V‘ . . 4 .. , ,Ast ,- .1=-• : • . ;: ' .-;;;;;05 V.•i 4,2' ' .....4 taint , -- ... ,\ , . ,,\ ? ... 4,:•.t. : ;,,.e .,‘ .4...0.,,,g,....!: : •,, ,,.. _,... • . ,. . .... - • • 1/4-- , -,• ,-,.- \ ,lit = m Y ' I •i,..e 1-. ,„ 1. 1 • •, WA lig % . ..: : 7 ...\:**3%1 ,, . 9, ( 1 21 Atli ( 0 Fii .4.,.. ,10„ el f: ' - ( -, - /,1,.1 , ... ., Almri. : II,' ( 7 : ; e ,:, ',...Y " Flu I. k i I :' Y / 41 ,-, ep, • -..__4-(....,-.2,27.\_. \ ---;-. . .\ , X X V 01 - 1 n 1.1,:,,t44 %....:,- ,_,Nk ' • . • - .-_-____\, - '' •i ____•.,7...:•-..4- / -._ /-- Lift,„,x,. . . •••••;•.g.• •-,; .., '.., ._ \ \ , -4,77---:, ' * '- ' --' . -1.— ' ....y,' II ii.re..Ai,4 ' , ... • 1 . i 'f .• ,. 4.,' I •..,.: *,:::•.;" '''. .:.„' :-', ., 1_•,,,,,,Y at 7 Z m 1 0:y- ee... ic., ' ;-''4*- `,1.1 r .:.- , /4"I • - t • ) • --. ; ,r„,i_____L____ 0 t ,•1 ••-•,ftL-...., N.,,,,,,,,_ --c;''• 2 '''-",n-(` • ..1 - ' ' 1 - 1' n- ' i- • .4( . ..' , . ' *i.. • c 3.( -- 1-?... ..,. zit ----..:"N, - , .- .. . ' . 1 ___,,,.....'<, --`• ' ••'...,,:, s , t , i . .. . 1 ' 4 , • ftions 1 ,. - - .:,_.•_ . ... ....., i • • \, - , ,•• /---7,77.-- . - $-- - --••,' -:.-_ . 4 - - -_,. ......-- a• : ' co rn co ' • .:!-;- . . . --.. , • i . -4 x 0 \,,,•,, ........ . , ..... . • ). - ...1._ c -si c "-- . -•— cc; 171 ..11 - - "" ,.. .• , _ 1 .„„. . ',• _ %.0 CO __IIT "1" ' - • s."-' '•-• (5"4HIB �iii 1)J ,� ' ,y '� 111i� ,*IA d ,' �.' /i'; \ \�l\11 ) )IIIA ` . • ,, ,,------„ A 1/4‘oPmetriressys,5xtrr r;-e-15-e, ?...,,'!.‘' /lit A',./..-..,' •' 7-1-7"--1"/( kr.:-1 -- • 'te '\ , r ,f,, / ., 91 t•: `,• 1 \ �1:I', N�,1..„,1 '. (/ '.S,, •...„.... i I\ I•, . „).. li:,.,c •1\.... 1 ' • 4- alit P .' ' '''''''.1 ... ,. --,_..,:...i....---,-:_...L ..._(,/r-- • - i :` sf ..,'.. , _ I \: o.. ice: • r 111 1 s� 1 L } p�. c „Nisi.-- J 1 J''., Vis ,i 2;•�, --� _ 1�, 1 .- • ' ' e�'V pp , Tr'ia V-- ---',••••.':•-•.. /t �.• , ,l ` �` J .i �/ ! ,,,in*Va' ,74 d y9 •� •T ft. /,./ '� r `r• ( '`r /r 1... _ . -i . � ' ! r /.off \`/ - a r// • 1 )• ,, 7 / IV > n'' '14114Ltra/.. ) \----------. --•'':---1: ' '•'d--1 • • 'i -s; . ,,... .., •r • . , .:.,, 11 A : -).4, • ..- •• . . • ( )77q : \• i \.., 0 __ F. - x='74.. = 1' t'••i , :-:-•'A t• . r • ,� ,... • 4.:_;,..,,... ' it p, , 1 -, , `-••••--..-._:L- .sr :*, . :i ly.:) Z ,)'t , -,,..: .• • :. (,,,,itto :,r, • : . , ',- t. :> t,..„ 1 �/e.. - ' • 9,0-*.44,....wiireir .): •''. 4; .. ; ' ,i5,,,,,,,jort.eii,),--:,,, ...,,..-,,.:,,,,,....:„.„, ,, r .-t `_• �C , • tt,.. , ,i,,-,1 , f 1. 'f 1- 11'Siii,r , /�i`•� (,S; ... J'-. F� • 7 'ir C acD,,¢¢ UI ,� 11�' 1 ,1`1 01, J/, i' ,.r /lC 'ir' ~ • rl Yk } a r . -p ',All( l•M •.� /� ` '. ' 11��JJ/• ' CC.): - Y` .r a• , •-:tl,j`. • ./././t : i•r),III•111 �����\Il\ - Fi••l•1.-�, -..-.i n,• ` I*' C. �, rte. i0•R 1:.1/ .: '�r 1 - \1 \. \\, !-\I 1 ,.'1;\ • 1 (1 ,;:t • !• ♦ 111111 // \ � ‘i ‘.\\`7'\\:,.,--:' , j,•:1:7, ,( ' ' ` \ .I .^ +,.:++_ T' �' i... -/-' ....-..1•; \ \ ''^^ •1 \ •i�J. ' • ,• .f'�• '•-/••• . ' EXHIRIT "I", 0r� Y' , OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii !- ' ' r (DRAFT 4) '36 JAN 16 Hill 7 57 I5*. CALL VOTE } cI.LRIc AMIN if YNQ,:�w dls EX Introduced By: Takashi Domingo _Arakaki X Date Introduced: December 15, 1995 First Reading: December 15, 1995 Bonk-Abramson X Published: N/A Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X • 7 2 0 0 ( DRAFT 5 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4, 1996 Returned: January 16, 1996 Arakaki X Effective: January 15 , 199 6 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith x 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. ( ,.:( .)./d,-- 2-44...",____ COUNCIL CHAIRMAN Ait‘ -A( ,',"%f--.----- — COUNTY CLERK /69- Appr ved/Ikisreppoved this day o ,I9 146 . All WeeizooL pe R,COUNTY /b•WAII Bill No.: 158 (Draft 5 ) Reference: C-734/PC-88 56-1157 Ord.No.: EXHIBIT "1" COUNTY OF HAWAII STATE OF HAWAII 181 BILL NO. (Draft 6) ORDINANCE NO. 96 8 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST,NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87,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 Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 1: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions,being also a point on the division between North and South Kona,the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by azimuths measured clockwise from True South: 1. 71° 45' 902.30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2. 152° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; EXHIBIT "2" Thence, for the next seven (7) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3. 251° 23' 30" 224.69 feet to a point; 4. 250° 35' 58.35 feet to a point; 5. 255° 17' 131.07 feet to a point; 6. 240° 43' 26.91 feet to a point; 7. 257° 50' 172.57 feet to a point; 8. 243° 13' 30" 21.91 feet to a point; 9. 256° 57' 98.95 feet to a point; Thence, for the next twelve (12) courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo: 10. 338° 17' 30" 158.36 feet to a point; 11. 257° 24' 102.95 feet to a point; 12. 255° 40' 30" 171.35 feet to a point; 13. 261° 29' 101.46 feet to a point; 14. 346° 30' 30" 54.40 feet to a point; 15. 343° 21' 30" 152.40 feet to a point; 16. 346° 20' 165.46 feet to a point; 17. 343° 29' 30" 80.88 feet to a point; 18. 357° 13' 57.51 feet to a point; 19. 345° 53' 30" 154.41 feet to a point; 20. 333° 53' 114.71 feet to a point; 21. 345° 43' 43.78 feet to the point of beginning and containing an area of 22.251 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A"). -2- EXHIBIT "2" The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 1. 172° 44' 35.46 feet to a point; 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251° 15' 39.58 feet to a point; 5. 259° 25' 18.68 feet to a point; 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271° 10' 30" 50.61 feet to a point; 12. 261° 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262° 38' 30.23 feet to a point; 15. 258° 17' 37.28 feet to a point; 16. 254° 45' 21.32 feet to a point; EXHIBIT "2" 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 21.89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° 07' 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; 23. 250° 03' 30" 91.17 feet to a point; 24. 257° 28' 88.18 feet to a point; 25. 253° 37' 30" 14.36 feet to a point; 26. 271° 49' 7.86 feet to a point; 27. 243° 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; 30. 265° 31' 13.70 feet to a point; 31. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259° 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259° 49' 30" 85.74 feet to a point; 37. 266° 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 272° 05' 60.95 feet to a point; 40. 269° 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; -4- EXHIBIT "2" 43. 272° 21' 30" 28.45 feet to a point; 44. 277° 12' 46.47 feet to a point; 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; 50. 261° 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' 166.66 feet to a point; 55. 261° 47' 108.98 feet to a point; 56. 243° 34' 33.10 feet to a point; 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262° 59' 118.99 feet to a point; 60. 256° 19' 39.78 feet to a point; 61. 262° 44' 82.08 feet to a point; 62. 267° 50' 34.11 feet to a point; 63. 265° 25' 63.09 feet to a point; 64. 273° 36' 30" 112.92 feet to a point; 65. 268° 50' 151.03 feet to a point; 66. 274° 59' 30" 35.27 feet to a point; 67. 268° 30' 30" 48.40 feet to a point; -5- EXHIBIT "2" Thence, for the next three (3) courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makahiki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven(7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73. 333° 41' 55.11 feet to a point; 74. 341° 52' 42.41 feet to a point; 75. 350° 21' 65.77 feet to a point; 76. 357° 11' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81. 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83. 356° 37' 108.84 feet to a point; 84. 358° 09' 110.66 feet to a point; 85. 6° 27' 30" 75.31 feet to a point; -6- EXHIBIT "2" 86. 357° 30' 30" 143.26 feet to a point; 87. 8° 45' 30" 30.57 feet to a point; 88. 359° 52' 108.27 feet to a point; 89. 265° 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight (8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90. 357° 33' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point; 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; 96. 329° 39' 30" 32.22 feet to a point; 97. 326° 06' 51.01 feet to a point; 98. 324° 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; -7- EXHIBIT "2" 104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105. 82° 05' 30" 51.64 feet to a point; 106. 83° 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91 ° 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; 111. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; 113. 268° 21' 280.72 feet to a point; 114. 259° 47' 379.67 feet to a point; 115. 260° 53' 149.26 feet to a point; 116. 259° 07' 153.59 feet to a point; 117. 266° 02' 30" 90.63 feet to a point; 118. 250° 32' 115.64 feet to a point; 119. 240° 54' 54.22 feet to a point; 120. 246° 41' 140.89 feet to a point; 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; 123. 245° 12' 30" 66.16 feet to a point; 124. 257° 45' 30" 34.33 feet to a point; 125. 239° 59' 72.54 feet to a point; 126. 250° 39' 30" 70.76 feet to a point; -8- EXHIBIT "2" 127. 246° 08' 111.93 feet to a point; 128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four(4) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions: 129. 64° 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.78 feet to a point; 133. 154° 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet, the chord azimuth and distance being: 138. 149° 59' 30" 473.03 feet to a point; 139. 163° 16' 839.35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; -9- EXHIBIT "2" Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet, the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A") SECTION 2. Section 25-88,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 Halekii and Keekee 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 3: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision,Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit II (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 2. 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii) to a point; 4. 266° 28' 187.31 feet along Lot 3 (Government Land - County of Hawaii) to a point; -10- EXHIBIT "2" Thence, for the next eleven(11) courses following along middle of stonewall: 5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 8. 91° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; Thence, for the next four (4) courses following along Grant 866 to Kapule: 10. 86° 02' 30" 309.93 feet along Lot 2 to a point; 11. 80° 19' 207.35 feet along Lot 1 to a point; 12. 75° 14' 183.86 feet along Lot 1 to a point; 13. 79° 02' 674.13 feet along Lot 1 to a point; 14. 177° 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 15. 75° 14' 1,338.05 feet along Grant 977 to Panaunau to a point; 16. 150° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251° 45' 902.30 feet along Grant 865 to John Nakookoo to a point; -11- EXHIBIT "2" Thence, for the next thirty-six (36) courses following along middle of stonewall and along Grant 865 to John Nakookoo: 18. 250° 02' 30" 41.72 feet to a point; 19. 238° 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253° 29' 121.82 feet to a point; 22. 257° 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to a point; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 110.46 feet to a point; 28. 258° 29' 24.30 feet to a point; 29. 274° 56' 30" 31.91 feet to a point; 30. 260° 18' 30" 148.31 feet to a point; 31. 253° 43' 47.09 feet to a point; 32. 243° 21' 30" 89.60 feet to a point; 33. 263° 53' 30" 70.49 feet to a point; 34. 254° 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241° 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point; 40. 216° 24' 30" 55.73 feet to a point; 41. 238° 55' 30" 27.24 feet to a point; -12- EXHIBIT "2" 42. 255° 23' 30" 29.74 feet to a point; 43. 271° 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271° 04' 85.71 feet to a point; 47. 277° 42' 30" 71.32 feet to a point; 48. 269° 46' 21.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pacel 3 as shown on Exhibit "A") The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze,the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78° 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: -13- EXHIBIT "2" 3. 203° 12' 488.09 feet to a point; Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth and distance being: 4. 172° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell, and Grant 1576 to Lohi on a curve to the right with a radius of 1,130.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 8. 183° 07' 311.35 feet to a point; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to Ialua to a point; Thence, following along the remainders of Grant 1464 to Ialua and Grant 1175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 411.07 feet to a point; 11. 203° 03' 162.63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to Kamakahiona on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 12. 186° 42' 30" 362.96 feet to a point; -14- EXHIBIT "2" 13. 170° 22' 60.05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five (5) courses following along the remainder of Grant 1176 to Kini: 15. 202° 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 16. 157° 02' 42.43 feet to a point; 17. 112° 02' 85.32 feet to a point; Thence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 18. 97° 14' 329.53 feet to a point; 19. 82° 26' 397.26 feet to a point; Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 20. 118° 34' 831.43 feet to a point; 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; -15- EXHIBIT "2" Thence, for the next three (3) courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244° 12' 628.00 feet to a point; 26. 330° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona to a point; 30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old railroad: 31. 353° 25' 54.23 feet to a point; 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa to a point; Thence, for the next six (6) courses following along the remainder of Grant 1175 to Nakauwaa: 36. 350° 55' 30" 47.80 feet to a point; -16- EXHIBIT "2" 37. 260° 45' 8.34 feet to a point; Thence, for the next four(4) courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. 1° 03' 30" 50.75 feet to a point; 40. 4° 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four(4) courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to H. N. Greenwell to a point; Thence, for the next twenty-six (26) courses following along the remainder of Grant 787 to H. N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten (10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340° 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342° 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332° 23' 82.87 feet to a point; 53. 324° 00' 11.13 feet to a point; 54. 332° 36' 30" 113.50 feet to a point; -17- EXHIBIT "2" 55. 347° 43' 24.68 feet to a point; Thence, for the next four (4) courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 344° 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6) courses following along middle of stonewall: 61. 341° 48' 30" 54.25 feet to a point; 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 111.89 feet to a point; 65. 325° 21' 106.90 feet to a point; 66. 62° 18' 30" 29.22 feet to a point; Thence, for the next three (3) courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337° 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: 71. 338° 26' 168.87 feet to a point; 72. 337° 34' 153.12 feet to a point; -18- EXHIBIT "2" 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof(herein after referred to as "subject property"). SECTION 3. 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; (B) The effective date of the rezoning shall be upon: (1) the execution of an agreement, between the applicant, Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty (180) days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within four (4) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five (5) years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, -19- EXHIBIT "2" Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (H) A final comprehensive public access plan, t4 be developed in consultation with community groups, shall be submitted to and approved by the Planning Director prior -20- EXHIBIT "2" to final subdivision approval,or any land alteration activity,whichever comes first. The final comprehensive public access plan shall Ile developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses,parkiDg area(s), signage, emergency response considerations,restrictions on use(if any),provision Qf recreational and restroom facilities at appropriate locations, and related improvements [The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No. 345 issued to the applicant on November 5, 1993]; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e.g., Conservation District Use Approval, Special Management Area Use Permit, etc.); provided, further,that the applicant shall be responsible to comply with the following terms and conditions: [(1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345, subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources, prior to Final Subdivision Approval, or any land alteration activity, whichever comes first;] X1,1[(2)] An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; [(3) No more than a total land area of twelve(12) acres shall be permitted to be constructed, operated and maintained as part of the applicant's golf course, approved as Use Permit No. 115, and included within the coastline park or the existing conservation district lands;] (2)[(4)] [A] Upon opening the first phase of the park area, A minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant's adjacent lands at the -21- EXHIBIT "2" principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike. The number of parking stalls shall be increased commensurately with the approval of additional park ... . . . .. s W. s s . . ' - . ..' and [(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s)to interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (I) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of[the] its privately owned coastline park and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised Statutes,] will be allowed to be established by the applicant, subject to the approval of the Planning Director,to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant,pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the] coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway, trail or Qther rights-of-way, which are deemed public highways Qr trails as defined in Chapter 264, Hawaii Revised Statutes; (J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; -22- EXHIBIT "2" (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass [road as shown in Exhibit "C",] bctwecn the approximate vicinity of Kcauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion] of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit "C",] in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided furthcr that the section of the Murnalahoa Highway Bypass between Keauhou and Haleki'i Street shall be completed and available -23- EXHIBIT "2" fcr public use prior to the occupancy of any dwelling unit withjn the entire prQ1eco t area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit"B", which phasing of improvements shall be approved by the Department of Public Works. [A] If, before the completiQr . 14 411- 1.1 • • 1- - 1 • 1/ .JI. . 10. 14 .' 1 . . : •. . •• 41.• 1 • • bypass is completed and opened. and said portion provides a connection to Haleki'i Street, a barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements_ [prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion [the Phase 1 section ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahog Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and 5 [(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property, [the Alii Highway, and southern extensions there from;] and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and] standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works. The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to -24- EXHIBIT "2" reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition,design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C", meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road, meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;] -25- EXHIBIT "2" CM---)1(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] aunty Qfwaii; iNj[0)] To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (0)[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; [(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; in[(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable, foliage, and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: -26- EXHIBIT "2" (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; (Q)[(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot; provided that this shall not preclude the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; [(T)] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size 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 -27- EXHIBIT "2" any combination thereof shall have a maximum combined value of$ 4,701,205.74. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall,at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ] The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads. The amount of the fair share contribution shall he the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot,and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution for each lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of building sites as determined by the zoning of such lot... 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$7.239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to 40Q lots, the indicated total fair share contribution is $2,895.664.00. however. the total amount shall be increased or reduced in p1.oportion with the actual number Qf subdivided lQts according to the calculation and payment provisions set forth in this Condition 0. The fair share contribution shall be allocated as follows:. (1) $3,490,$5 per lot, for an indicated total of$1.396,340.00 to the County to support park and recreational improvements and facilities; -28- EXHIBIT "2" S168.40 per lot, for an indicated total of$67360.00 to the County to support police facilities; (3) $332.61 per lot, for an indicated total of 5133.044.00 to the County to support fire facilities;, (4) 1145.62 per lot, for an indicated total of$58,248,00 to the County to support solid waste facilities; $2,101,68 per lot,for an indicated total of$1,240,672.00 to the State or County to support road and traffic improvements., The fair share contributions 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 improvements/facilities related to parks and recreation, fire. police, solid waste disposal facilities. and roads within the region impacted by the proposed development, subject to the approval of the planning director. The cost of constructing the improvements required in Conditions H.K and J, shall be credited against the sum specified in Condition R(1) for parks and recreation. Condition R(4) for solid waste facilities. and in Condition R(5) for road and traffic improvements. For purposes of administering Condition R.the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director. upon consultation with the appropriate agencies. [(U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject property; ] (.5..)[(T)] In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; -29- EXHIBIT "2" ( [(W)] Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; [(X)] 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; M[(Y)] 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, (W)[(Z11 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 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 -30- EXHIBIT "2" (5) should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF 11,f, All Hilo, Hawaii Date of Introduction: December 15 , 1995 Date of 1st Reading: December 15 , 1995 Date of 2nd Reading: January 3 , 1996 Effective Date: January 15 , 1996 AFTROVED as to gF' M arca GAMY i.E.G.,.../.7„,•4- j,.....— D CORPO;ATON COUNSEL COUNTY OF HAWAII Date // 5//k! .�.. --- -31- EXHIBIT "2" ' i i s . 1 i ' _ ' # ' _ Y_ 1 5111.. gi ' i ° } till1 1 i ( I if id 1 } _ ; iiii /I'll ° ; — Y _ ; ' • s� eft ."It"i1 f i 1• 0 j 3 11 itv •.o..• • • - e:4 ea. f . f 11 e. e•z� �J� / I i .. 4 1211 , • 1 ;; , f t . pllll j #L ill 1 1 i • flJfflIiiJb' \ I r I. .40• JJJI it �T Nil —.-- • 3 .;e`�• �- __ . �;I I Ir. ` a. 1� I MOW 0 M �.•! �° ` ^ ,....t -.. ': i. S e. x v ~ .— v •a;o r •�. :+_I.=_'— Iv / `ILIU —�iia •' h• if •wr f .� `t Si et-- V ..•a. - as .n. IT M�v ���, .: z----______4 f /. . �.— l2 J ee� 1 _ • ^ 1111":64...4. 1 . / noes s •,'•• tr s • 1 x L_ ..c:!_ --..—::.- w M •.L ii Y.. J •� r� i t - •Mem •°•Lh • Z . x , v�Qsl•ot✓' �� 4 P �i ,--. H , A ..• •••r •• ---. .- imr..- ` aem_r 7 •ii.• i• 1• / .•ii J.1 f.. - 11 t'••1 1 1 1 1 1 1.1 1 .. some 1 :1,,....;;1• icy 11. 0..:9.160 ��•�• dsC A:•• u1...•. rt• I • I• r '�"—' d 1fl•1••? ileo•1•p so. •:.•• Is 1,t •••,1.1 1 1 1`'� / I l ,It; ut lA.' .••.. I �__ t 1' r 19, • �0. .J M 1 1 11 !r • .. ••. .. _ WO. Ln 11 t /sr • M e�.! ;_ ^ J et•, r . .... n 4 ..., .::. 1 -------- •. ••••t Y%° • 'i,..*es n tees.•.". I,I ��.. .e _.e.. - II..I '.1. 4144%11 N .7 `—y et 1 ;VA I I1lJ 11 1 •• ►oat• •p•o.w•.•••° ..ewg••l $ tIi`I`�j ip•y1e"y ae i s6ai'Lf6R� I l l 11/1 S 1 1b , e I rr • -: r.. a • 0 • I, 7.-'4-,'-----'1—.7‘.. :, * , * ••,:•''' 1, -', •",.-'1 ...,.„_a_ttl•--: _y 1 .' s - r •' / '''' - MI maw =I 6 a • F. ‘.1.4. 1/4„ \ , , ,49.0 ,P �' '� is''(,: //..'2, '"() '-'••f �I. `:fir. ,),i . . �4,"�c-- . ,, ',. J � ` D 04 co[��; a ( ,140 I ,�t• Tom. ! , I • w. ILI '.,,C/ l/:���ll�(l�',\/%tier 1S' � yup, ►� ' i * l��f Afra `,,/.1) t. r ° , ';' �:_' �1i1 11-, 4-/- 1, re' �:�sJ! , a \IL ► a �r ��rrpp s ti ,� I��,) '7l J 1 ( �. � �t . \l, 1 Y Qi fi A 1",/ ;tom' i�-? i1' et 1 age 1 o f1 .�pt, )5 • l* * ":' .1,,' - ` Y '" y h :e.- r*/i f h 1 ,:'- LU tit . tit F. • O ,, L ' $ , ,1 ted' '.� • .`_ ?,.y'� 'sr.:. r (..- Y, ._.moi .i 1 ; des,'� .. .,& t o ' , ��" 'i1. aed�.a ,,l,�i/ dam, „ _ F L r '' l'S \:.\ f xa' ..F': •, /,'((-. i�� i . ' N , ;:.n om ,•',c.. ` J ,l / • ` ; �x is J / 1_f •1 ` I -1.-4,,...;.- ,� `yam ' " a � T. r/, , <.:o 717:' yami.. ;�' , •.� • \ e �� ,.,.,,,,-.... • .•-• -- -,,- . - ,, _ .,........• ..,„ / - , „ye�id3 r•ef !. '7� ,d 1 i •slF���r i `'' 091 1 ).--„:4, ,;11!",,,,,,,A. ' „,....,-- 4- ,...Y......--/-N.2.,......_:•• •,A•t.,, .....,/_/., ..i , .,, . ,', • 1., Llk-._.,•11..... • . s, ,‘ '' .i. .' .H;le", ,-.' 17---, , ,.._ ,.......,. z „„.„,,t, ,, 1-- . , f ti Iwo• I ,.,: _.•,Y,A { < ,. ' J6 _ ..4.- ..,. .. .- • . -P-- - ?- •• i -- r 2.,., ..."---'5•;-; r Via' _2.` j-->--` > C1r.( -244.44.11;... ./.13 I :.wwwwt gig.\.�. �r • l �`T�/ ��•�Y� /•�') 4 l- ' cl $ill q.1:',4' i:_. 'Ala , AAI--3.4.4. : *71 1 0 I I1Y: -`'.., `"'•:- :. t: l'. 1,i - -- ' -**i•l% ' 1,- r-,'•' ' . .. .: ,r) f _ 7, , i„,.„ ., ,,,, . ,, . ,.„..... 0 EXHIBIT "2" LI 0 - , 1' .,..- , 1— Z ,.., C ' - ‘1,,.•,,-,-,...... f. • co , --- . . ...,.: . , ‘4 ...... z., - - . _,: . - - .. • ' ' , :. -,\ . -1 • = D . , .• • •:- *;--„ ::-. • • I. • • , ,- ;.. ,• ---. ,,. • - I . . . . • ...,.i-• ,--... ,t- - = -,-.4. •., . - , , . . ',.'p...,-.."7"- - , . , -•.., , .-..1 . : , • -- • ' - ' I-- - ''I•, -,•-...:: ,...-:-:-.,. . _ . • , , .,. , .1 •,, 1 N4.7 . ....::::...----x,..;424:- '14 'T-3• , • .1., , ''' ' • • ., .,;_i.- '' 1 ••••/.5---.1 r71 c ) . -`; . \ ' ....„>;.--,(,..,.-----1-•.--,_...J---.- (i) .t)• - . ° ' ' , . / , iv I) .1. 1 1 3 /ce,IA,A,177:7-;* 1 . .... LIU • 1 ;• • '' 4i. " , .„ L, , r •. ' /'. i, I,// ;.•'•i ' 1 (../ s ••• . N`••••,),, CC ;: ; ',..4., Lr.....,.....:,, ' I ....1 -- \ ; ' \ k - • , ••,,./ .,., ,: ,' 1 ) .1 —I • ',' • , ).- -, •• ' / '---4.-z77 ... ' ) j. ('4i,.`;,•‘'.17-41i,: :,....! i 1 11 ' / f -7--:+4---1-•-— • . : : ' ,', •-• ••••'.. ,;!I, ..„._ -' ' -7,,,N,7.1';','.1. •••,:.i-•••••.• •••5 i . 1 °: / t > t \ • •flu—— --- -- -.--7L ; . ••'7 -*/11 ‘ -1:d '`f•:'.. .4- •:• • ' ' i 'ii ' ul '' '• '' -- /7-- , = ',, , ' :-',--\•74. • '• s•,:',.•%,.• -, :- '' , , / 1), : :11\ i r.t.' '-'7.' '22(7/.'• / i ••••s• %''. ' C ),';'),I \/ : j‘+7.4.1.: '''f'. ' .".'. t ji) 11 iSi . :( .. 5 !t,i, . ...... . i--- 1.* R--L\\\ s'\ \'::-=-•- •;;;;.•,:-,,`) • d , :e.' : ,... .r--..., ,- t.....lit 4 • . ,-4'i -)...',t . \i . VN.....\\, Ill,/'. •, ')i • .1 ' 4,,,,,, .,......vt,,, .._ • ) .L.,--,' .." ' ' • . . „. . .... 4, . ;‘,.,,'., f 1')•. , '-------=‘\\ \\N, -"t•,-P,),1 1,11' • ; 4.; , ' ,',,i/i,t „,"1.11,. Nr. i 1 • . i ) , .. ' i ) iyi, ;:;,),„7.....7..,.......,,....,.,.,7,_.•,,/•,--1.:(,,,..••• 4,0•,:. lif,A140,00 . ..5- -', ,,.g 1.. ..it.,,.. 1 i ..• •. • .c i: 1r ' . -.,.'rr..'\'!t. .,1 ,,i,(4, r,.,,,';',Iirr',',.4" •I, i (1)- r.;LY ' . ..)1';''''))('';1)( '• ''' ''. ll el V • . vi ;.1 ,., :',...,. i / .t. •.1' . • • 1 , '/K/ 'c1-A-4/,'/...1(::' •'' .' " • i 24 .11 .-.1 h !.2 ,f „ . • ... .:... , ..,,.‘ :i ,,... ,, . . • 7:I/ /- 7 '-i''., Q,!. '11,',,,I't' .40,4.,. I iai;.' ' "I.....,.... !lir tf?t•\'Y.:: i. ' ,k. -"i' 1,-- if I '..,. ','‘.'1': I ... ' 'ill 4' . /-11:f".” , ''O',,,:,-.-''' ''',;,1\ . `..,). I/ 1; V.I., '§';.(1:','..:,.k...;',.. S. --t;.' • ', , .' 7 ,,.,• ..-, ,.0 )9yr . i-,,,, - .. . yi, • . I. .r, .,:g,.41,: :, -1--6i. -4''' '•-- l'• •x ..•:. ,... k- • •,:-:.„.;'i.,•-'..° A 4 co ... r .tr... .. t io.., . • • .6,. i .,. , 1st!... / 1 •l.., "":4‘,, .,..,...,.....‘: 0 co , k•- -N., • . .74,74,'.-7--- .... .1' . 3''7...""."''''''. .1 / '..'' . 4,-.. -- .', ... ..--;-,... ---. ,,k t; ' '`•--- / I •1... . ., is r•,:" • '.. % '.. titi.•,'(,6•1 .i: I t ' '! .-.)..* .;_.....,,_:.:-..• , .,C < '' '' tr" '. r \ 1-=•• i •• r....1-r z • ,r.c,- ,c,44 "4. f..,* ;7 tI ..i , . ' .." Ac s) .i. .....‘' ..,..: i‘.„,. 0 co 1--. - .J-' .. --...:.,„/---4...-4 . ..,.. 0, •....,•,;.J ...... • ' ..^ •V"- `'y in CVi'-.,,- 1 -- ,• '1/4 '.'''''` '‘',,Vi.. 1-A4•'.:- p, SI'1 1 1 '-'.•-''.....). . . •..."" •. . .. ..I.a . , , r 1 'k) ' fa'a.‘•:• .1•,':"' 1' 41'),^ /'Ns '. " il • ta.: , ('•••••• I Yi' ( / ' 1 : 'LV.•,'i •Ila-1. '‘.• .,-' , \:'. ) I 1 ti! . Ai i / i i ...."*"."° ' —..,.. ,. ., j....4-••.1••- •.2.1 : i' ,'‘. .1 1;;‘, (4, • ;,^10:-/, ,-'4.\ "-•• ''''' _/•••;-•r-----••A••:•t li ' -; / 2 5 . ,iFt,'::::, .1' . .../ ;,?/...\•;::.?*• - .1•?'' •'. ''I ' I .'-) --'''-'7.1..'s'. `` I ,..1:.;:, '''' il i ' ":44::::. ,.1 .!1-- / ..' •' 4, •'. ''''' I . '': ' ' --.47-• );.. : ' , . . '.''. ‘k5.S 4'•' " '''')1 ›, '"-' . tai I 1k 2. ..Z........• .. .....g. ; v.....:.:. „,..., '-, '' - , .-----/ -I'kell 1.4$) ' s• •' • •.. :1; 1 4'74'4% k• ;7:::::: .•L./..4--: , i ' •• • , ' r` ; •''..':, 1T,4-1-'4fi-'t '{ 1i / , / ' . ,- 1 ../i f.( I'-4•'••••• , s \ 'I, -. '..!. 2' . %'.. i ‘ 1 V ; , .4.4 • I j' ' ' 4/'- y I/ ... ' // ..., • ' 'i, .•'•.• " ;'. •••.'.• •''''• 1 i • ../.1S. ... --'..' ..‘• s . • i 6._,C.-4.;..1:.• ',-3 i;...'_I‘-' • , i • - -'r , . .. . 1 / /..-. 4.,/ , •, , • ...k.......k ..... ,. ,., 3-- IT - 1 '.i • . , i . •). ,I.': .'s'' - '1/4 V-TZji.-6;• I' f : • - en Ul ;---1 I ,,..r.<...j; ' • / ;/ .- ./ Sr!.••••1 ):3\••'•• ', \'''-- ! ...'”)' . .• df.--- •' C.) C.) ••','', 7---...o • • •1 -jr-- .,,-,,," ' ' ' 9t. ' ,.. r.,.4 t I. •g;;t1'-7r.tl.ci,-- '‘ '1 • •-/A '' ' - rli , ,. :;t.r-x•F fr . .._ .. •-fr.-4 ) -7:444 .-' ' 1 . • \ . • .-1 . .] —7.— ) . c...../.,0 ; \— , '., .,.',7'. .Y.10. s; 1 -4.,.. :..r• ') .., 1 "..7y4 j-,...z.z.......j---7,-,,,,i,,f,„„.„ .'.,.. ..\ 1 -\r• •K,;"7,.. .i.:. •;-..-i.s.77 •5117)4 <-).A..,.:A,, 1/4, '1/4, N'‘•-•, ) ,, i: , ;v,... ,..( el) i,s, ' )\u ; t •.--'*•• ...( I'I . )'.4.):1 .°' ....A.,..._,-,._/ : ""•-• 'P, •'. 1 '-' '''"' Y I l• ','/, c a 1.1,t; 5 0;. . J'i , ..,,,.14.44,...•4.... i'l'.,'\O \ -,' .1 1). ' 1 1 ' ' '-.-- ..'' ,' .-,,,.., JAI,. 1 ,11, ' -/7-----••..-.)._,..; /, •') •At" . r ., ,iff4)r,„._ ,; )1.'f.N.11445.1;',1r,..''';',;•;`;:. :ifi• \ ,, 4*\ s:),',., 1' r'1-')) }1.,,:l' 1 (-- , 1, ;,vii‘ 7rri.'i „ ;,-- • ti,,,11.,;,;,', ,i ,, ‘.,,z 1-1,_;-,.V,g<, • ) , -,L,, .••,./ ,- , -,--- 77 ' •1:/'Aix-,'"4 V.,;•t*-,*-..J" ,,VcsrAdiliflist,..011112,04; iikt*Ilir.t:' • - , , ,_ ,,- , ..-,,,,-„--,,._ ,, ../„. ..,n‘rktK,...,,,,t,..,• `.. '. . art,,, _. .., ,,11.1.it.,.... , 4, v.,.. /41 ,1 rr " !ha's( \ 1-.1/I. • --• '' (.." -.../'P ' ON,frc.))\\\`,1,,,,..,,,i‘ ,,,A,,:-.L.3.\-. - ‘.. -..,. EXHIBIT "2" OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii C r i ( Di ff )16 Pili 7 57 JFFICE r :ROLL,c4kEtypITE COUNT DAY8VoINcTs ABS EX Introduced By: Takashi Daningo Arakaki Date Introduced: December 15, 1995 X Bonk-Abramson X First Reading: December 115 1995 N/A Childs X Published: De Lima X REMARKS: Domingo X Osorio X Rath _ X Ray X Smith X J 7 2 0 0 ( DRAFT 6 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4, 1996 Returned: January 16 , 1996 Arakaki X Effective: January 15 , 1996 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved BoiSVpruvrat this day 41 ' ' _ ,19916' . OF it OR,COUNTY .46 All Bill No.: 181 (Draft 6 ) Reference: C-821/PC-91 Ord.No.: 96 5 EXHIBIT "2" EXHIBIT "B" ELIZABETH A. STRANCE 4715 Corporation Counsel Electronically Filed LERISA L. HEROLDT 7519 THIRD CIRCUIT Deputy Corporation Counsel 3CCV-23-0000123 LAUREEN L. MARTIN 5927 27-JUN-2023 Deputy Corporation Counsel, Section Chief 04:06 PM Office of the Corporation Counsel Dkt. 85 REPLY County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: lerisa.heroldt@hawaiicounty.gov Attorneys for County Defendants IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, COUNTY DEFENDANTS'REPLY TO Plaintiff, MEMORANDUM IN OPPOSITION TO DEFENDANT COUNTY OF HAWAII'S MOTION TO DISMISS(MAY 25, 2023), vs. FILED JUNE 22, 2023 MKT. 53]; DECLARATION OF LERISA L. HEROLDT; COUNTY OF HAWAII; COUNTY OF EXHIBIT "6"; CERTIFICATE OF SERVICE HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL HEARING: CAPACITY AS DIRECTOR OF THE Date: June 30, 2023 COUNTY OF HAWAII, PLANNING Time: 8:45 a.m. DEPARTMENT; 1250 OCEANSIDE LLC; Judge: Hon. Robert D.S. Kim JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE No Trial Date Set PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants. EXHIBIT "B" COUNTY DEFENDANTS'REPLY TO MEMORANDUM IN OPPOSITION TO DEFENDANT COUNTY OF HAWAII'S MOTION TO DISMISS(MAY 25, 2023), FILED JUNE 22, 2023 IDKT. 531 County Defendants hereby submit their reply to Plaintiff's Memorandum in Opposition to Defendant County of Hawai`i's Motion to Dismiss (May 25, 2023), filed June 22, 2023 (Dkt. 53) ("Opposition"). I. Plaintiff Is Not A Third-Party Beneficiary to the Development Agreement Plaintiff's argument "common principles of contract law" override Haw. Rev. Stat. § 46- 127(a)'s express limitation of development agreement enforcement rights is meritless. Opposition, at 9-10. Incredibly, Plaintiff's Complaint lacks a breach of contract claim. "Generally, third parties do not have enforceable contract rights. The exception to the general rule involves intended third-party beneficiaries." Ass'n of Apartment Owners of Newtown Meadows et rel its Bd. of Dirs. Ventura 15, Inc. et al., 115 Hawai`i 232, 269, 167 P.3d 225, 262 (2007) (citation omitted) (emphasis in original). Plaintiff is not an intended third-party beneficiary to the Development Agreement and, therefore, it has no enforceable contract rights under the same. "A third party beneficiary is one for whose benefit a promise is made in a contract but who is not a party to the contract." Newtown Meadows, 115 Hawai`i at 269, 167 P.3d at 262 (citation omitted) (holding association did not have enforceable contract rights, as a third-party beneficiary of subcontracts). A"prime requisite"to third-party beneficiary status under a contract is the contracting parties "must have intended to benefit the third party, who must be something more than a mere incidental beneficiary." Id. at 270, 167 P.3d at 263 (citations omitted). For a third party to have an enforceable contractual right, the contracting parties must have intended to confer direct benefits on a third party. Id. The party claiming to be an intended third-party beneficiary bears the burden of proving such status. Id. at 271, 167 P.3d at 264 (citations omitted). Even where the parties are aware a contract-or, in this case, a provision in a contract-is designed to benefit others, "it is not enough that that parties know, expect[,] or even intend that such people may benefit or that they are referred to in the contract." Id. at 272, 167 P.3d at 265 (citations omitted) (alteration in original). "Hawai`i courts, however, are reluctant to find intended third-party benefit status absent a clear recognition of the third party and the conferred benefit." Cooper v. Bank of New York 1 Mellon, 2011 WL 3705058, *17 (D. Haw.Aug. 23, 2011) (citing Laeroc Waikiki Parkside, LLC v. K.S.K. (Oahu)Ltd. P'ship, 115 Hawai`i 201, 215 n. 15, 166 P.3d 961, 975 n.15 (2007) (finding no third party beneficiary status in part because "the Agreement does not indicate that the [contracting parties] agreed between themselves to bestow a benefit upon the [third parties] . . ." (internal quotation marks omitted)); see also Pancakes of Hawai`i, Inc. v. Pomare Props. Corp., 85 Hawai`i 300, 309, 944 P.2d 97, 106 (Haw. Ct.App. 1997) (finding no third party beneficiary status where "nothing in the terms of the lease or in the record indicates [that the third parties] would benefit in any way from the lease agreement"). To resolve third-party beneficiary claims, Hawai`i follows the framework set forth in Restatement(Second) of Contracts ("Restatement 2d") § 302 (1981), titled"Intended and Incidental beneficiaries", which provides : (1) Unless otherwise agreed between promisor and promisee, a beneficiary of a promise is an intended beneficiary if recognition of a right to performance in the beneficiary is appropriate to effectuate the intention of the parties and either (a) the performance of the promise will satisfy an obligation of the promisee to pay money to the beneficiary; or (b) the circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance. (2) An incidental beneficiary is a beneficiary who is not an intended beneficiary. Restatement 2d § 3021; see Jou v. Dai-Tokyo Royal State Ins. Co., 116 Hawai`i 159, 168-69, 172 P.3d 471, 480-81 (2007). Although no Hawai`i appellate case applying the third-party beneficiary theory or Restatement 2d § 302 to a development agreement subject to the Statute, Haw. Rev. Stat. ch. 46, part VII, Plaintiff cannot meet the Restatement's requirements where the Development Agreement does not obligate the County to pay Plaintiff money nor does it indicate the County intended to give Plaintiff its claimed benefit. 1 "In most contracts with private persons or entities the government is the promisee, the party for whom some service is being performed or to whom some product is being delivered." David M. Lawrence, Third-Party Beneficiaries of Contracts Entered into by Local Governments, 126 U. N.C. Loc. Gov't L. Bull. (2011), at 6. "It is the other party to the contract who is the promisor. And it is the promisor, not the promisee, who might face a lawsuit from an outsider claiming to be a third-party." Id. 2 Other jurisdictions have determined it is intention of the parties to a development agreement which is paramount. See The H.N. &Frances C. Berger Foundation v. Perez, 218 Cal. Rptr. 3d 434, 439 (Cal. Ct.App. 2013); City and Cty. of S.F. v. W. Air Lines, Inc., 22 Cal. Rptr. 216, 224-225 (Cal. Ct.App. 1962). Berger Found. is persuasive. In Berger Found., a contract between a county and developer required the developer to build a road and other improvements through several lots, most of which plaintiff owned. Berger Found., 218 Cal. Rptr. 3d at 437. A surety company issued bonds to guaranty completion of the road. When developer failed to complete the project, the county and surety company agreed to complete some of the improvements, but not all. Plaintiff filed a lawsuit against the developer, county, and surety company to compel performance of all improvements, claiming to be a third-party beneficiary under the original contract and bonds. Id. The court sustained defendants' demurrer based on its review of the contract and bonds. Id. at 440-41. Plaintiff was not a third-party beneficiary because it was not a named party, intended signatory, or expressly identified in any capacity. Further, the documents "[did] not reference any benefits to be conferred to third persons in the general class of private property owners of the affected tract." Id. at 440. Nothing in the documents stated development of the property"[was] intended to benefit plaintiff or the class of property owners of the lots in the affected subdivision. Any such benefits [were] unspecified and merely incidental to the purpose and intent of the Agreements." Id. at 441. Like in Berger Found., Plaintiff's Complaint fails to sufficiently allege the parties to the Development Agreement intended to confer a direct benefit upon Plaintiff According to the Development Agreement, Plaintiff was not a named party, not an intended signatory, not even expressly identified in any capacity, let alone as a third-party beneficiary. The Development Agreement does not reflect the contracting parties' intent to confer any of the rights or impose any of the obligations of the Development Agreement to anyone or any group or class other than themselves. In fact, paragraph 33 of the Development Agreement expressly restricts enforcement to the parties, consistent with Haw. Rev. Stat. § 46-127(a) and HCC § 30-10(a). More importantly, the Development Agreement does not reference any roadway"access" benefits to be conferred to the third persons like Plaintiff who are in the general class of private property owners of the adjacent properties located to the north, south and outside of the Hokuli`a Project. Regarding the stub-outs, the Development Agreement only states: "Oceanside shall 3 provide roadway stub-outs . . . to provide future connections between the [Project] and its adjacent north and south boundaries." Development Agreement, ¶ 16 (Exhibit "3"; Dkt. 23). The Development Agreement only states the stub-outs'purpose to provide "connections" to the Hokuli`a Project's "boundaries"; it never says the stub-outs'purpose is to provide Plaintiff direct "access"to Plaintiff's property through Hokuli`a Project. Id. Roadway connections and roadway access are entirely distinct and separate concepts. Moreover, the Development Agreement's express references to "benefit[s]"pertain exclusively to the "construction of the Bypass Highway". Development Agreement¶ 15.d (Exhibit"3"; Dkt. 23). It states developments from Keauhou to Milolii "will benefit in varying degrees from the construction of the Bypass Highway" and describes the benefit as "congestion relief provided by the Bypass Highway to Mamalahoa Highway/Kuakini Highway" and the provision of"direct access to the land along the Bypass Highway corridor." Id. The benefit provisions fall within Section 15 of the Development Agreement, entitled "Reimbursement of Construction Costs for the Bypass Highway". The County shall assess and collect fair share contributions, or similar fees, from developers and landowners benefiting from the Bypass Highway and reimburse a part of the same to Oceanside. Id. § 15. Nowhere does the Development Agreement speak to Plaintiff's alleged benefit of direct access to its property through the Project, Connector Road or stub-outs. The Development Agreement references to "access"pertain only to the "Public Access Plan", see Development Agreement, ¶¶2.ah, 17, 18.a, 18.c, or the "direct access to the land along the Bypass Highway corridor"mentioned above. Id. ¶ 15.d. Similarly, the Zoning Ordinances do not mention Plaintiff's alleged benefit; rather"access" as used in the Zoning Ordinances only relates to the "public access plan", "public access"to the "coastline park and trails" and access to Oceanside's property. See Ordinance 96-7, Conditions K, L, M (Exhibit"1"; Dkt 22); Ordinance 96-8, Conditions H, I, L(Exhibit "2"; Dkt. 22). Tellingly, Plaintiff's Complaint only refers to public access, not access for the property owners of the adjacent properties to the north and south. See Complaint¶¶ 12, 13, 28, 121, 125, 126, 132, and at 34, 35 (Dkt. 1). And its references to "benefit[s]"relate solely to the community's, Oceanside's or the County's benefit, not Plaintiff's or the adjacent property owners'. See Complaint¶¶ 14, 27, 28, 32, 37 (including Plaintiff as part of the community), 56 (stating dedication is for the "County and its citizens (including the Plaintiff'), 72. 4 Plaintiff's alleged third-party benefits are unspecified and merely incidental to the Development Agreement's overarching and fundamental public purpose and intent to construct the Bypass Highway to improve existing traffic conditions in the region and to construct and develop the coastline park. Development Agreement, Recital K(Exhibit"3"; Dkt. 23). Based on the above, Plaintiff fails to state a third-party beneficiary claim for roadway access to its property through the stub-outs under the Development Agreement. II. Plaintiff's Zoning Enforcement Claims Are Unripe This is a zoning enforcement action. Plaintiff seeks enforcement of the Zoning Conditions pertaining to the Roads set forth in the Zoning Ordinances. Plaintiff, however, mislabels the action as one for contractual breach so it be free of the ripeness doctrine's "final agency action"requirement, circumvent Planning's legislatively mandated administrative review of its zoning violation claims under Haw. Rev. Stat. 46-4(a),Kona Old and Paysek and force declaratory judgment from this Court. See Memorandum in Opposition to Defendant 1250 Oceanside LLC Motion to Dismiss (May 11, 2023), filed June 22, 2023 (Dkt. 39) ("Opposition to Oceanside")), at 7-8 (stating Plaintiff's claims are based on "lack of fulfillment of a contract"; "[t]his case concerns the enforcement of. . . a contract."); Opposition, at 15 (incorporating into the Opposition Plaintiff's ripeness argument contained in its Opposition to Oceanside). Plaintiff's sleight of hand cannot be condoned. This is not a contract action. Plaintiff is not a party to the Development Agreement, see Dkt. 23, at 3, it has no private of action to enforce it, see Haw. Rev. Stat. § 46-127(a), nor does its Complaint assert a breach of contract claim. Yet Plaintiff's argument against ripeness is based on the fallacy this is not a zoning enforcement action but rather one for breach and enforcement of a private contract. Opposition, at 15;Memorandum in Opposition to Defendant 1250 Oceanside LLC's Motion to Dismiss (May 11, 2023), filed June 22, 2023 (Dkt. 39) ("Opposition to Oceanside"), at 7-8 (professing Plaintiff's claims are based on "lack of fulfillment of a contract", "[t]his case concerns the enforcement of. . . a contract.", and [i]t is . . . contractual consideration . . . at issue in this case"; and referencing inapposite "private contract cases" and suits). Plaintiff has never submitted its claims involving the Zoning Ordinances, Zoning Conditions,Variance and/or Resolution to Planning's Declaratory Rulings administrative process established in Planning Rules, Rule 3. Plaintiff cannot seek judicial review here because there is no final agency action from the Planning Director or the Board of Appeals regarding these claims 5 and issues. See Office of Hawaiian Affairs v. Housing& Ginty. Deu Corp. of Hawai`i, 121 Hawaii 324, 339, 219 P.3d 1111, 1126 (2009) (holding asserted claims unripe for adjudication because no final action regarding land parcel under Haw. Rev. Stat. § 171-64.7). And although the County entered into the Development Agreement with Oceanside's predecessor nearly 30 years ago, the parties' consideration for the Development Agreement in no way constitutes final agency decision on Plaintiff's zoning enforcement claims. See Opposition to Oceanside, at 8. Plaintiff's zoning enforcement claims are not"primarily legal"issues. Rather, the material facts need significant development; and the Planning Director can base an order on those determined facts regarding the Zoning Conditions'intent and meaning, whether the Variance is void or valid and Oceanside's compliance, among other matters. See Haw. Rev. Stat. § 46-4(a) (granting counties power to enforce zoning laws); Charter §§ 6-7.1, 6-7.2, 6-9.2 (placing zoning administration and enforcement issues without special competence of Planning Director and Board of Appeals); Planning Rules, §§ 3-1 through 3-6. The required administrative review of Plaintiff's zoning enforcement claims involves Planning's interpretation of the Zoning Conditions regarding the Roads set forth in the Zoning Ordinances and would result in final agency action including the interpretation. See Rees v. Carlisle, 113 Hawaii 446, 452, 153 P.3d 1131, 1137 (2007) ("When interpreting a municipal ordinance, we apply the same rules of construction that we apply to statutes."). The Declaratory Rulings'process will require the Planning Director to ascertain and give effect to the County Council's intention regarding the Zoning Conditions obtained primarily from the Zoning Ordinances'language. See Carlisle v. One (I) Boat, 119 Hawaii 245, 256, 195 P.3d 1177, 1188 (2008) ("[W]here the statutory language is plain and unambiguous, our sole duty is to give effect to its plain and obvious meaning.");Rees, 113 Hawaii at 452, 153 P.3d at 1137 ("The purpose of the ordinance may be obtained from the language of the ordinance itself."). If the Zoning Ordinances'language is ambiguous, the Planning Director could consider extrinsic aids to determine legislative intent, such as legislative history, or the reason and spirit of the law. Carlisle, 119 Hawaii at 256, 195 P.3d at 1188 ("[W]hen there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists."); Barker v. Young, 153 Hawaii 144, 149, 528 P.3d 217, 222 (2023) ("the meaning of the ambiguous words may be sought by applying other methods of statutory interpretation, such 6 as the in pari materia canon, or by resorting to extrinsic aids in determining legislative intent, such as legislative history, or the reason and spirit of the law.") (cleaned up). Here, an ambiguity may exist if there is doubt, indistinctiveness and/or uncertainty regarding the applicability of the dedication requirement set forth in Ordinance 96-8, Condition M, to the lands subject to Ordinance 96-7. More specifically, Ordinance 96-7 applies to the Hokuli`a Project's western/makai lands, which contains a portion of what Plaintiff calls the Connector Road. See Complaint 115; Exhibit"6". Ordinance 96-8 applies to the lands comprising the Project's eastern/mauka lands. Exhibit "6". Ordinance 96-7 contains no condition requiring Oceanside dedicate to the County the "extension of Halekii Street"through the Project or the roadway stub-outs, whereas Ordinance 96-8 does. Compare Ordinance 96-7, Conditions M(4), M(5) (Exhibit"1", Dkt. 22) with Ordinance 96-8, Conditions L(4), L(5), M (Exhibit "2", Dkt. 22). Thus, an ambiguity in the Zoning Conditions'meaning and intent arises from the fact a portion of Plaintiff's claimed Connector Road is not subject to Ordinance 96-8, Condition M's dedication condition. Furthermore, although Ordinance 96-8, Condition M requires roadway dedications, Condition M does not require the roadway improvements listed in Ordinance 96-8, Condition L be designed or constructed to the County's dedicable standards, nor does the condition establish a deadline for the dedication. Given the ambiguities, extrinsic evidence showing the County Council's intent for the Zoning Conditions could be presented at the Rule 3 hearing forming the record upon which the Planning Director's "final action"would be based. Moreover Plaintiff has not invoked the Declaratory Ruling process for a determination on their zoning and inextricably intertwined constitutional claims involving the Variance. The Variance is indisputably relevant to Plaintiff's zoning enforcement claims and would fit into the scope of a Declaratory Rulings process. The Planning Director should have the opportunity to determine whether the Variance is void-because it was issued ultra vires-or lawful,particularly considering Plaintiff's due process claims regarding the Variance, the conflict between the Variance the Zoning Code's requirements for amending ordinances, see HCC ch. 25, div. 4 (detailing the process for amending zoning ordinances through County Council), and the invalidity-under Haw. Rev. Stat. § 46-127(b)-of any amendment to ordinances governing the uses of land and forming the subject matter of the Development Agreement. 7 Neither the Planning Director nor Board of Appeals has issued final agency action on any of these issues; and it remains to be seen whether such final agency action will inflict an actual, concrete injury on Plaintiff. Indeed, the intense factual development of such issues through the Declaratory Rulings process would greatly aid a Circuit Court adjudicating an administrative appeal under Haw. R. Civ. P. Rule 72. Plaintiff mistakenly argues the Planning Director's action in a Rule 3 Declaratory Ruling proceeding will not"actually effectuate a change", Plaintiff"cannot obtain any further administrative relief'; and it decries the Planning Director's purported lack of authority to declare material breach of the Development Agreement. Opposition to Oceanside, at 10-11. Plaintiff's arguments are not based in fact. The Planning Director has the power to administer and enforce the Zoning Ordinances, Zoning Conditions and render decisions on variances, see Charter § 6-7.2(b), HCC § 25-2-35 (describing Planning Director's administrative enforcement powers and procedures), and"may issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the Department" Planning Rules, § 3-1(a). In the Declaratory Rulings process, the Planning Director"shall either deny the petition in writing, stating the reason for such denial or issue a declaratory order on the matters contained in the petition[.]" Planning Rules, § 3-1(c). The Planning Director may order a hearing be held on a declaratory ruling petition following a written request from the petitioner or any party in interest and Planning's published and mailed service of notice of the petition and hearing date. Planning Rules, §§ 3-2, 3-3. The hearing shall afford all interested persons a reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing and submit written statements, relevant data, maps, charts, tabulations, comments, and recommendations so as to obtain a clear and orderly record. Planning Rules, § 3-4. Importantly, the Planning Director has the power and duty to take "final action" after considering all relevant comments and material of record. Planning Rules, § 3-5. The Planning Director's order disposing of a petition shall only be applicable to the petition's described factual situation or set forth in the order. Planning Rules, § 3-6. Any person aggrieved by the Planning Director's order in a Declaratory Ruling process may appeal the order to the Board of Appeals. HCC § 25- 2-20. Following a full hearing consistent with Haw. Rev. Stat. ch. 91, any person aggrieved by a 8 Board of Appeals' decision may appeal such action to the Circuit Court of the Third Circuit, State of Hawai`i,pursuant to Haw. Rev. Stat. ch. 91. HCC § 25-2-25. The above considerations confirm Plaintiff's claims are far from fit for judicial decision. Additionally, Plaintiff fails to articulate the specific substantial harm Oceanside's purported lack of roadway dedication suffers upon it. Opposition to Oceanside, at 12-13. Plaintiff's claims of "[w]ithholding review", "systemic interest in postponing relief", "legal uncertainty", indefinite delay"in obtaining the increased access [Plaintiff's] property", id. at 12, is not enough particularly where Plaintiff has failed to avail itself of the Declaratory Rulings process throughout the twenty-four years following the Roads' construction. III. Dismissal of this Action and a Referral of the Subject Issues to Planning Under the Primary Jurisdiction Doctrine is Proper Plaintiff's arguments against application of the primary jurisdiction doctrine fail for many of the same reasons its arguments against ripeness fail. Plaintiff's zoning enforcement claims do not arise from the Development Agreement to which it is neither a party nor an intended third- party beneficiary. They arise from the Zoning Ordinances over which the Planning Director clearly has the power and authority to administer and enforce. Therefore, it is of no importance the Planning Director lacks the power to find and determine whether a principal to a development agreement has committed a material breach of the agreement's terms or conditions under Haw. Rev. Stat. § 46-125(a) and HCC § 30-6. See Opposition, at 10, 11. As mentioned in Section II, supra, Plaintiff's zoning enforcement claims do not merely implicate pure questions of law, rather there are technical and policy questions not within the courts conventional experience which call for Planning's special competence. Planning has not issued final agency action setting forth its views on the Zoning Conditions'meaning, requirements or applicability, or Oceanside's compliance and whether substantial compliance is sufficient. IV. Final Agency Action May Moot Plaintiff's Constitutional Due Process Claims Plaintiff concludes its protectable property interest"comes from its interest in the Required Public Roads", Opposition, at 8, without specifically identifying the source of law from which its property right stems from. It provides no supporting authority for its legal conclusion the Zoning Ordinances create a protectable property right in Plaintiff's unreasonable expectation of direct access to its Property through the stub-outs in addition to access from the Bypass 9 Highway. Legal conclusions are not enough to make a good procedural due process claim which can withstand a Rule 12(b)(6) challenge. See Bank ofAm., N.A. v. Reyes-Toledo, 143 Hawai`i 249, 428 P.3d 761 (2018) ("in weighing the allegations of the complaint as against a motion to dismiss, the court will not accept conclusory allegations concerning the legal effect of the events the plaintiff has alleged"). Nevertheless, the ripeness doctrine prevents courts from entangling themselves in disagreements where the agency's determination could obviate the need to reach the constitutional issues. See County Defendants'Mem. in Supp. of Mot., at 8 (Dkt. 21). Thus, Planning should take first pass on Plaintiff's Variance claims, and this would save, rather than waste, the Court's limited resources. Plaintiff's response to the County's argument against Plaintiff's Fifth Amendment's due process claim is bewildering. See Opposition, at 8. The Complaint's only claim under the Fifth Amendment is one for violation of the due process clause, not the takings clause. See Complaint ¶ 145 ("The Fifth . . . of the United States Constitution . . . provides that no personal shall be deprived of life, liberty, or property without due process of law.") (Dkt. 1). The inapplicability of the Fifth Amendment's due process clause to state or local governments is indisputable. Lee v. City of L.A., 250 F.3d 668, 687 (9th Cir. 2001) ("The Due Process Clause of the Fifth Amendment and equal protection component thereof apply only to actions of the federal government-not to those of state or local governments."). Takings claims seeking just compensation do not come within the Fifth Amendment's due process clause, rather they arise under the Fifth Amendment's takings clause. See U.S. Const. amend. V ("nor shall private property be taken for public use, without just compensation"). Plaintiff's Complaint gives no fair notice of a Fifth Amendment takings claim. Thus, the Complaint contains no basis for a Fifth Amendment claim, and Plaintiff's Fifth Amendment due process claim must be dismissed. V. CONCLUSION For the foregoing reasons, and those set forth in the Motion (Dkt. 21), County Defendants respectfully request their Motion be granted. Dated: Hilo, Hawaii, June 27, 2023. /s/Lerisa L. Heroldt LERISA L. HEROLDT Deputy Corporation Counsel Attorney for County Defendants 10 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAI`I C & J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, Plaintiff, DECLARATION OF LERISA L. HEROLDT vs. COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants. DECLARATION OF LERISA L. HEROLDT I, LERISA L. HEROLDT, declare as follows: 1. I am a resident of the State and County of Hawai`i, over the age of 21 years, employed as a Deputy Corporation Counsel with the County of Hawaii and am licensed to practice law before all courts with the State of Hawaii. 2. I represent Defendants COUNTY OF HAWAII ("County"); COUNTY OF HAWAII, PLANNING DEPARTMENT ("Planning"); and ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT (collectively "County Defendants") in the above-captioned action. 3. I make this Declaration based upon my personal knowledge gained in my capacity as a Deputy Corporation Counsel representing the County Defendants in the above-captioned action and am competent to testify concerning the matters set forth below. 4. Attached hereto as Exhibit"6" is a true and correct copy of the Planning's response to my request for a visual aid depicting the land areas covered by County Ordinance Nos. 96-7 and 96-8, effective Jan. 15, 1996 (collectively, "Zoning Ordinances"), based on the metes and bounds description set forth in the Zoning Ordinances. 5. Exhibit "6" contains a map showing the land areas covered by each of the Zoning Ordinances and Planning's e-mail describing the map and how Planning created it. I declare under penalty of law the foregoing is true and correct. Dated: Hilo, Hawai`i, June 27, 2023. /s/Lerisa L. Heroldt LERISA L. HEROLDT Deputy Corporation Counsel 2 From: Kay,Christian Sent: Tuesday,May 9,2023 3:24 PM To: Heroldt,Lerisa;Jackson,Maija Cc: Watanabe,Kelsey Subject: RE:Coupe v.County et al-privileged,confidential attorney-client and/or work product communication Attachments: REZ Extent Map.pdf Aloha Lerisa, Our GIS mapping system includes a shapefile that shows the outline of the land area for rezones.The attached map shows the extent of two ordinances outlined in different colors and labeled. Please let me know if this is what you are looking for or if you need something else. Mahalo, Christian Christian Kay, Planner County of Hawaii Planning Department Aupuni Center, 101 Pauahi Street, Suite No. 3 Hilo, Hawaii 96720 Phone: (808) 961-8136 Fax: (808) 961-8742 Email: christian.kay@hawaiicounty.gov Website: https://www.planning.hawaiicounty.gov/ 4.0 County of Hawai'i SON" Zoning& Subdivision Code Update 4 Project Website:COHcodeupdate.com EXHIBIT 6 • -t [+ • ` t•'. ` ) Zn A• L + ►' soa • c —..r;en i moi, ......` 1996-008 \� .. 1996-007 b . ifik ,„....,,41,.y',,,:,;',.:,.:4, EXHIBIT 6 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, Plaintiff, CERTIFICATE OF SERVICE vs. COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following on the date and by the method of service noted below: Served electronically through JEFS on June 27, 2023. DAMON KEY LEONG KUPCHAK HASTERT KENNETH R. KUPCHAK TOREN K. YAMAMOTO JONATHAN N. MARCHUK 1003 Bishop Street, Suite 1600 Honolulu, Hawaii 96813 CARLSMITH BALL LLP PATRICK K. WONG DEREK B. SIMON IAN R. WESLEY-SMITH 1001 Bishop Street, Suite 2100 Honolulu, HI 96813 Dated: Hilo, Hawai`i, June 27, 2023: /s/ Lerisa L. Heroldt LERISA L. HEROLDT Deputy Corporation Counsel V H , y 4dO w CC V O N LLC d H '= V M N W ° aL 2 Z 0 I-7' 0 > > caco y -0 H C.) VO • O Z} 1o . ct x D d 0 W H M N O � 0Wo Z W CA y HHv) W^ g CO � ao OW Q w Z ~cc..) 4 0 W� HN p O o N 0 U Q.i, a.N - 0Cimw c/]ci) a N W 4 W o O�w ow Z 1.-1HH4 C oad= �Q 0 `-WW � mon o., 0N ON g ~J O „,DU p N O ° O O co ro ct o v C5 cv on 4OZW O> '� o p�wp 2 Hd � y CO) 0 Q • ci •o W�� o .- o C 3 W �� ° 3 • o N ZQ • mW aW� o wZc4v) N ZZto • o O W w o cn d� O v, ct o N dN0. W W �fw �i t ,� Wz E" ,.o u, cc c''cuo o Zd H� ) .-g - • cC Cl 11 •yo O H a d N 'N UCw Q �, aOd NW pa 00. c.1 tid4O v) V, a.) = y o ' pU dj • 0 U y�O OWW 7 cn U oH ,-4 C) pp oo oo - P , G = H c-, 44 3,-; ti k; y o y -0 0F" •H H Z Z U as N qd S�, U U U U N A 7— C� = "0 U y A 0 +y•am, U 0 E0 0 c4 U 0 O bdA ,A 0 o '-i 0 U U g .O bA y o y g E. U 1--1 N 4-, O N EXHIBIT "C " CARLSMITH BALL LLP PATRICK K. WONG 5878 Electronically Filed 75-5722 Kauakini Highway, Suite 208 THIRD CIRCUIT Kailua Kona, Hawaii 96740 3CCV-23-0000123 Tel. No. (808) 329-6464 27-JUN-2023 Facsimile No. (808) 329-9450 10:23 PM pwong(&,,carlsmith.com Dkt. 87 REPLY DEREK B. SIMON 10612 1001 Bishop Street, Suite 2100 Honolulu, Hawaii 96813 Tel. No. (808) 523-2500 Facsimile No. (808) 523-0842 dsimon@carlsmith.com IAN R. WESLEY-SMITH 10626 121 Waianuenue Avenue P.O. Box 686 Hilo, Hawaii 96721-0686 Tel. No. (808) 969-8416 Facsimile No. (808) 935-7975 iwesley-smith@carlsmith.com Attorneys for Defendant 1250 OCEANSIDE LLC IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED CIVIL NO. 3CCV-23-0000123 PARTNERSHIP, DEFENDANT 1250 OCEANSIDE LLC'S Plaintiff, REPLY IN SUPPORT OF ITS MOTION TO DISMISS COMPLAINT, FILED vs. MARCH 31, 2023 [DKT. 1], FILED MAY 11, 2023 [DKT. 15]; COUNTY OF HAWAII; COUNTY OF DECLARATION OF COUNSEL; HAWAII, PLANNING DEPARTMENT; SECOND DECLARATION OF MICHAEL ZENDO KERN, IN HIS OFFICIAL K. VITOUSEK; EXHIBITS "D" - "I"; CAPACITY AS DIRECTOR OF THE CERTIFICATE OF SERVICE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; HEARING: JOHN DOES 1-10; JANE DOES 1-10; DOE DATE: June 30, 2023 CORPORATIONS 1-10; DOE TIME: 9:00 a.m. PARTNERSHIPS 1-10; DOE ENTITIES 1-10; 4859-0518-5644.1.051730-00058 EXHIBIT "C" JUDGE: Hon. Robert D.S. Kim Defendants. TRIAL: No Trial Date Set JUDGE: Hon. Robert D.S. Kim DEFENDANT 1250 OCEANSIDE LLC'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS COMPLAINT, FILED MARCH 31, 2023 [DKT. 1], FILED MAY 11, 2023 [DKT. 15] 4859-0518-5644.1.051730-00058 I. INTRODUCTION Plaintiff's' Opposition to Oceanside's Motion to Dismiss ("Opp." or"Opposition")2 fails to establish that dismissal of its Complaint is not proper. While the history of Hokuli`a, the Ordinances, and the Development Agreement is long and complex, the legal infirmities Plaintiffs Complaint suffers from are not. Knowing this, Plaintiff's Oppositions attempt to muddy the waters in hopes of avoiding dismissal, by employing creative characterization of its claims and incessantly repeating the unsupported conclusion that the parties agree the Ordinances and Development Agreement have been breached. Once Plaintiff's attempts at obfuscation are addressed, it is clear that Plaintiff's Complaint should be dismissed. II. ANALYSIS A. Neither Oceanside nor the County Have "Admitted" that the Ordinances or the Development Agreement Have Been Breached. Plaintiffs Oppositions rely heavily on self-serving, ipse-dixit statements that Oceanside and the County have admitted that the conditions of the Ordinances and Development Agreement have been breached such that the County no longer has any role in their administration and enforcement. Oceanside and the County have admitted no such thing. First, all of the Hokuli`a Roads have been constructed, and with the exception of the Makai Haleki`i Extension and Connector Road, all have been dedicated. Oceanside is in ongoing consultation with the County regarding the Makai Haleki`i Extension and Connector Road and there are five years remaining on the term of the Development Agreement. Ex. A at 9. With respect to the stub-out for the Connector Road to Plaintiff's property, the Ordinances provide that: "Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall . . .provide roadway stub-outs, generally shown in Exhibit `B', to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works." Ex. D at 14, ¶M (emphasis added); Ex. E at 23, ¶L. Critically, the Development Agreement provides that the Unless otherwise indicated, Oceanside hereby incorporates the defined terms from its Motion to Dismiss Complaint, File March 31, 2023 [Dkt. 1], filed May 11, 2023 [Dkt. 15] ("Motion"). 2 Plaintiff concurrently filed its Opposition to Defendant County of Hawaii's Motion to Dismiss [Dkt. 53] ("County Opp." or "County Opposition"). Both cross reference and incorporate certain section of each other, and are collectively referred to herein as the "Oppositions." 4859-0518-5644.1.051730-00058 "roadway stub-outs shall be constructed in phases and in conjunction with the completion of subdivision improvements on adjacent Property." Ex. A at 16, ¶16 (emphases added). Thus, both the Ordinances and Development Agreement provide for phased construction of the stub- outs for"future connections" to adjacent properties, which is to coincide with the actual development of those properties. While the stub-out was completed years ago, Plaintiff's property remains vacant and undeveloped without any subdivision improvements. Exs. F-G. In other words, there are no "subdivision improvements" for the stub-out to connect to. Second, on the issue of construction standards, neither the Ordinances nor the Development Agreement state the standards to which the Hokuli`a Roads are required to be built. Rather, Ordinance No. 96-8 states that"[aill roadway improvements . . . shall be dedicated to the County of Hawaii," (Ex. E at 26, ¶M), and both Ordnances state that the roadways "shall meet with the approval of the Department of Public Works." Id. at 23, ¶L; Ex. D at 14, ¶M. The Ordinances thus left it to the discretion of the County to determine the acceptable construction standards for the roadways. While Plaintiff notes that the County Code sets certain standards for dedicable roads, Plaintiff ignores that the County Code also explicitly allows for variances from those standards. HCC § 23-14. That is precisely what the County did when it approved construction plans for the Hokuli`a Roads (except for the Bypass Extension)more than 12 years ago,pursuant to Variance 10-10-027 issued on January 31, 2011. Pl. Ex. C. B. This Case First and Foremost Concerns the Enforcement of the Ordinances; Plaintiff Cannot Re-Characterize Claims to Survive Dismissal. Plaintiff's Oppositions engage in a circular shell game of selectively characterizing and re-characterizing its claims in a transparent attempt to avoid dismissal. For example, when arguing that it has a private right of action and standing to seek declaratory and injunctive relief, Plaintiff characterizes its claims as seeking the enforcement of the Ordinances.3 On the other hand, when arguing that its claims are ripe and against application of the primary jurisdiction 3 E.g., Opp. at 5 (Plaintiff"seeks to enforce . . . Ordinances 96-7 and 96-8, through its private right of actions an affect adjacent landowner under HRS § 46-4(a), its claims are cognizable in this Court."); County Opp. at 9 ("Consequently, the Court recognizes that property owners have standing to enforce and seek redress for zoning ordinances and land use decisions that affect the owner's property."); id. ("Defendants' admitted non-compliance with the Incorporated Ordinances means that Coupe Family has a clear right to seek declaratory relief against ongoing violations."); id. ("Moreover, the plain language of HRS § 46-4(a) further shows the Legislative intended that landowners have the power to enforce violations of zoning ordinances."). 4859-0518-5644.1.051730-00058 2. doctrine, Plaintiff re-characterizes its claims as purely contract enforcement claims that do not involve any administrative decision making and do not require completion of the County's administrative process for declaratory rulings.4 Plaintiffs doublespeak cannot save its claims. With respect to ripeness and the primary jurisdiction doctrine, the substantive obligations concerning the Hokuli`a Roads that Plaintiff seeks to enforce are indisputably found in the Ordinances, not the Development Agreement. Plaintiff readily admits this. See n.3, supra. Any determination of whether Oceanside is in compliance with the Development Agreement necessarily involves first determining whether Oceanside is in compliance with the Ordinances. That is a determination that must first be made by the County. The fact that Plaintiff alleges it also has claims based on purportedly being a third-party beneficiary under the Development Agreement does not change this result. C. Plaintiff's Claims Are Not Ripe for Adjudication by this Court. As explained in Oceanside's Motion, Plaintiff's claims are not ripe for adjudication, for multiple reasons. Plaintiff does not dispute that it has failed to seek the Planning Director's formal, definitive position on Oceanside's compliance with the Ordinances, and by extension the Development Agreement, through the County's declaratory ruling process. Nor has Plaintiff established that it would experience any cognizable hardship if it were required to first seek a declaratory ruling from the Planning Director and allow Oceanside to complete its efforts to amend Ordinance No. 96-8. Moreover, Plaintiffs unsupported claim that it is being harmed because it is purportedly being denied access to its property is a complete fabrication and makes clear that, at most, Plaintiff complains of a speculative financial loss that is insufficient to establish hardship, as a matter of law.5 1. Plaintiffs Claims Fail Under the Fitness Prong. "The fitness element requires that the issue be primarily legal, need no further factual 4 E.g., Opp. at 7 (Plaintiffs "claims do not involve agency action,but are based on the lack of fulfillment of a contract and a total absence of administrative decision making"); id. at 10 ("Appealing to the Planning Director cannot be the final decision in this case as the Planning Director's decision will not affect the fact that the Development Agreement contract has been breached."); County Opp. at 10 (Planning Director and BOA lack"any authority to determine that Oceanside has not lived up to its Development Agreement promises."); id. at 12 ("If anything, enforcement of the Development Agreement falls within the specialized knowledge of the Court. Development agreements are contracts between developers and the state."). 5 Because Plaintiff indisputably is first and foremost seeking to enforce the Ordinances, the ripeness standards for contract disputes are inapplicable and irrelevant. See Opp. at 7-9. 4859-0518-5644.1.051730-00058 3. development, and involve a final agency action." Blake v. Cnty. of Kaua`i Planning Comm'n, 131 Hawai`i 123, 131, 315 P.3d 749, 757 (2013). "[F]inality for purposes of ripeness involves a decision of the agency whose `definitive position' on a matter is being challenged." Id. at 133, 315 P.3d at 759 (emphasis added). Plaintiff has not sought, and therefore cannot yet challenge, the County's "definitive position" on Oceanside's compliance with the Ordinances, and by extension, the Development Agreement. See Leone v. Cnty. of Maui, 128 Hawai`i 183, 193, 284 P.3d 956, 966 (Ct. App. 2012) ("The Director's decision satisfied the finality requirement for ripeness by setting forth a definitive position regarding how Maui County will apply the regulations at issue to the particular land in question."). Plaintiff does not dispute that the Planning Director is the head of the agency entrusted with special competence and expertise in the administration of zoning ordinances, including compliance with conditions of approval. Nor does Plaintiff dispute that Rule 3-1(a) of the Hawai`i County Planning Department's Rules of Practice and Procedure ("PD Rules")provides a declaratory ruling process through which significant fact finding can occur and Plaintiff can obtain the County's definitive position on Oceanside's compliance with the Ordinances. Instead, Plaintiff strangely suggests that it is somehow not seeking to enforce the Ordinances, but instead contractual rights as a purported third-party beneficiary under the Development Agreement. That argument is a transparent attempt to circumvent the County's standard administrative process. Nowhere does Plaintiff explain how it can seek the enforcement of the Development Agreement without necessarily seeking the enforcement of the Ordinances, which contain the substantive obligations related to the Hokuli`a Roads that Plaintiff seeks to enforce in this lawsuit. Simply put, Plaintiff cannot establish noncompliance with the Development Agreement without first establishing noncompliance with the Ordinances. None of the cases cited by Plaintiff support the argument that Plaintiff is not required to first seek the County's definitive position on Oceanside's compliance with the Ordinances, and should instead be allowed to speculatively infer that position based on what Plaintiff unilaterally perceives to be unjustified delays and approvals improperly granted more than a decade ago. Leone involved a takings claim based on the Maui County Director of Planning's formal decision rejecting SMA assessment applications on the grounds that the developments proposed conflicted with the applicable community plan, as expressly prohibited by the Maui County SMA regulations. 128 Hawai`i 183, 284 P.3d 956 (Ct. App. 2012). In reversing the circuit 4859-0518-5644.1.051730-00058 4. court, the ICA held that"[t]he Director's decision satisfied the finality requirement for ripeness by setting forth a definitive position regarding how Maui County will apply the regulations at issue to the particular land in question." Id. at 193, 284 P.3d at 966 (emphasis added). Blake also concerned a challenge to official, final action taken by an agency. There, the Kaua`i Planning Commission granted final approval of a subdivision that involved a breach of a historic road that, at the time of the final approval, was believed to be owned by the county. Blake, 131 Hawaii at 315 P.3d at 749. However, after the plaintiff filed his initial complaint challenging the approval, it was determined that the wall was actually owned by the State and that an easement was required for the subdivision to proceed. Based on that revelation, the State was granted summary judgment after arguing that, notwithstanding final subdivision approval from the Planning Commission, the claims were not ripe because the developer was "prohibited from going forward on [the development] until such time as [it] receives approval from the [BLNR] for an easement across Hapa Road." Id. at 129, 315 P.3d at 755. The ICA affirmed on the grounds that"there was no final agency action,"but the Supreme Court reversed, holding: [I]it is clear that the Planning Commission's final approval of the . . . subdivision application was `final agency action'for purposes of ripeness. . . . Although BLNR would need to grant an easement over Hapa Road, the pendency of that approval does not 'per se affect the finality of the [Planning Commission's] approval of the [subdivision application] for purposes of appeal' because Blake is challenging the Planning Commission's action, and not the action of BLNR. Id. at 133-34, 315 P.3d at 755-56 (emphasis added). The court also pointed to the fact that "aside from challenging violations of specific terms or conditions of an otherwise valid permit . . . there appear to be no further administrative remedies by which to challenge the Planning Commission's determination to grant final subdivision approval." Id. at 134, 315 P.3d at 756. That lack of available administrative remedies was significant in determining whether the plaintiffs claims were ripe because, unlike this case, the plaintiff in Blake sought to challenge a final approval itself, not the subsequent enforcement of the conditions of the approval. In sum, Plaintiff is indisputably seeking to enforce the Ordinances, not purported contractual rights under the Development Agreement. The authority to enforce the Ordinances lies with the Planning Director. As a consequence, a petition for a declaratory ruling from the Planning Director and completion of review by the Board of Appeals ("BOA")provides Plaintiff with a clear administrative process for obtaining the County's "definitive position" on Oceanside's compliance with the Ordinances. See Leone, 128 Hawai`i 193, 284 P.3d at 966 4859-0518-5644.1.051730-00058 5. ("The Director's decision satisfied the finality requirement for ripeness by setting forth a definitive position regarding how Maui County will apply the regulations at issue to the particular land in question."). Because Plaintiff has failed to seek such a ruling from the Planning Director and, if necessary, review by the BOA, its claims are not fit for adjudication and therefore not ripe. Off. of Hawaiian Affairs v. Hous. & Cmty. Dev. Corp. of Haw., 121 Hawai`i 324, 339, 219 P.3d 1111, 1126 (2009) ("Inasmuch as the fitness prong of the ripeness test has not been satisfied in this case, Osorio's claims are not ripe for adjudication, and it is not necessary to examine whether the hardship prong has been met."). 2. Plaintiff Cannot Satisfy the Hardship Prong As explained in the Motion, Plaintiff cannot demonstrate that it will suffer"direct and immediate hardship [that] would entail more than possible financial loss" if it were required to first complete the declaratory ruling process and allow Oceanside to complete its efforts to obtain an amendment to Ordinance No. 96-8. See Blake, 131 Hawai`i at 131, 315 P.3d at 757. Plaintiff's Complaint is devoid of any allegations that Oceanside's alleged non-compliance with the Ordinances and Development Agreement is harming Plaintiff in any discernible way. Apparently aware of that shortcoming, Plaintiff has changed its story. While Plaintiff's Complaint makes vague allegations regarding the purportedly unsafe conditions of the Hokuli`a Roads,6 Plaintiff's Opposition now makes clear that it is not concerned with public safety, but instead with what it perceives to be potential financial loss. Plaintiff's Opposition argues that it"is being delayed indefinitely in obtaining the increased access to his [sic] property as promised by the Development Agreement." Opp. 12. Although Plaintiff summarily claims this purported deprivation"is an immediate direct harm to [its] property rights that is more than potential financial harm," nowhere does Plaintiff explain why or how. Opp. at 13. Plaintiff's claim of harm is a total fabrication for at least two reasons. First, under the Development Agreement, access to the south (where Plaintiff's parcel is located)via the stub-out for the Connector Road is not triggered unless and until Plaintiff completes its own subdivision improvements. The Development Agreement provides that the "roadway stub-outs shall be constructed in phases and in conjunction with the completion of subdivision improvements on adjacent Property." Ex. A at 16, ¶16 (emphasis added). Plaintiff's property is vacant, undeveloped, and contains no subdivision improvements, roadways or 6 See, e.g., Compl., ¶¶24, 112, 127. 4859-0518-5644.1.051730-00058 6. otherwise. Exs. F-H. Plaintiff therefore has no basis to claim any"direct and immediate hardship [that] would entail more than possible financial loss" at this time. Second, Plaintiffs property already enjoys significant frontage along, and direct access off of, the Mamalahoa Bypass Road. Attached hereto as Exhibit H are photographs of two existing gates providing ingress to and egress from Plaintiffs undeveloped property. Moreover, notwithstanding that the Connector Road has terminated at the boundary of Plaintiffs property for years, to this day there are no subdivision roadways on Plaintiffs property connecting to the location of the stub-out. See Ex. F-G. Plaintiffs claims fail under both the fitness prong and hardship prong, and are therefore not ripe for adjudication. D. The Primary Jurisdiction Doctrine Bars Plaintiff's Claims at this Time. 1. Plaintiff is Seeking to Enforce the Ordinances and therefore a Declaratory Ruling from the Planning Director is Required. Plaintiff does not dispute that the Planning Director is the head of the agency entrusted with special competence and expertise in the administration and enforcement of the Ordinances. Nor does Plaintiff dispute that it can obtain a declaratory ruling from the Planning Director on Oceanside's compliance with the Ordinances, or that it can appeal that ruling to the BOA, where it would be entitled to a contested case hearing and the ability to appeal to this Court. As such, this lawsuit presents precisely the type of administrative dispute subject to the primary jurisdiction doctrine. See Paysek v. Sandvold, 127 Haw. 390, 395, 398, 279 P.3d 55, 60, 63 (Ct. App. 2012) (under primary jurisdiction doctrine,plaintiffs alleging neighbors were violating, and planning director was failing to enforce, zoning ordinance were required to seek a declaratory ruling from the planning director and complete administrative appeals process before seeking relief in court). Plaintiffs creative pleading and selective re-characterizations of its claims as contractual in nature does not change that result. See United Pub. Workers, AFSCME, Local 646, AFL-CIO v. Abercrombie, 133 Hawai`i 188, 201, 325 P.3d 600, 613 (2014) ("emphasis in the application of the doctrine of primary jurisdiction [i]s on the issues raised by the claim, rather than the claim itself'); id. at 202, 325 P.3d at 614 (dismissal granted because "the question of whether Defendants violated the HWPA and Free Speech Clause are [sic] inextricably intertwined with the question of whether Defendants engaged in a HRS § 89- 13(a)(4)prohibited practice."). Dismissal is proper under the primary jurisdiction doctrine. 4859-0518-5644.1.051730-00058 7. 2. Plaintiff's Arguments Against Applying the Primary Jurisdiction Doctrine Have no Support in Law or Fact. All of Plaintiff's arguments against application of the primary jurisdiction doctrine are grounded in two false premises: (a)Plaintiff is not seeking to enforce the Ordinances, but instead purported contract rights under the Development Agreement such that there is no role for the Planning Director and BOA; and (b) the parties agree that the Development Agreement has been breached.7 Neither has any basis in law or fact. See Sections II(A)-(B), supra. First, Plaintiff argues that the "Planning Director has no discretion to take any consequential administrative action in this case"because his "power to issue declaratory rulings only extends to 'the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the Department." County Opp. at 11 (quoting PD Rules § 3-1(a)). It is indisputable that the obligations related to the construction and dedication of the Hokuli`a Roads are contained in the Ordinances, which fall squarely within the purview of the Planning Director's authority under PD Rules § 3-1(a). Plaintiff cannot avoid this result simply because the Ordinances were later incorporated into the Development Agreement. Second, Plaintiff argues that "it is the mayor, and not the Planning Department who has 'the power and authority to administer the Development Agreement.'" County Opp. at 11. Plaintiff presents the law as it wishes it was,rather than what it actually is. Plaintiff ignores that HRS § 46-123 authorized the Mayor to "[d]esignate a county executive agency to administer the agreements after such agreements become effective." That is precisely what occurred when County of Hawai`i Office of the Mayor Rule 1 Development Agreements was promulgated, which provides that the Planning "Department shall be responsible for the overall administration of the [Development] Agreement." Ex. I. The Planning Department's delegated authority to administer the Development Agreement is expressly stated in the Development Agreement itself, which similarly provides that "[t]he Planning Department shall be responsible for the overall administration of this Agreement." Ex. A at 26, ¶52. And the Development Agreement makes clear that the Planning Department (as well as the Mayor) has the authority to declare a material 7 See County Opp. at 10 (argument that primary jurisdiction doctrine requires obtaining a declaratory ruling from the Planning Director and completing the BOA's review process "fails on two different fronts. First, neither has any authority to determine Oceanside has not lived up to its Development Agreement promises. . . . Second, the parties admit that the Required Public Roads were not built to County dedicable standards that they have not been dedicated). 4859-0518-5644.1.051730-00058 8. breach of the Development Agreement. Id. at 20, ¶25(a). Indisputably, the Planning Department has delegated authority to administer and enforce the Development Agreement. Plaintiff knows this, as evidenced by the fact that all of its correspondence regarding the Development Agreement prior to this lawsuit was directed to the Planning Department. Pl. Exs. E-1, E-2, G. Third, relying on Pac. Lightnet, Inc. v. Time Warner Telecom, Inc., 131 Hawai'i 257, 278, 318 P.3d 97, 118 (2013), Plaintiff argues that primary jurisdiction should not be applied because its underlying rationales would not be served. That case concerned a"billing dispute" between two telecommunication carriers, where the circuit court dismissed the case based on primary jurisdiction after a jury verdict had been rendered. The Hawai`i Supreme Court held that dismissal was not proper because: (a) the dispute centered on whether one of the carriers was billed for services it never received (or an "entitlement to bill issue") and the issues were therefore "within the ordinary expertise of courts;" and (b)the case did"not require the exercise of administrative discretion" and "would not impact the result in any other cases, inasmuch as the facts and circumstances are unique to these parties and their asset purchase agreements[.]" Id. at 278, 318 P.3d at 118. Here,the obligations related to the construction and dedication of the Hokuli`a Roads are contained in the Ordinances, not a contract between two private parties, and those obligations are grounded in the interpretation and application of County regulations falling squarely within the special competence of the Planning Director. Moreover, rezoning ordinances are not unique to Hokuli`a, and the Planning Director undoubtedly interprets and enforces countless rezoning ordinance conditions related to the construction and development of roadways. Therefore, uniformity and consistency of the regulatory process will be served by applying primary jurisdiction in this case. Fifth, Plaintiff argues that "[r]emanding the case back to the Planning Director would also be a waste of resources"because "it is clear that the Defendants have already made their opinions on the matter known and there is no further discretion that can be acted upon." County Opp. at 13-14. In other words, Plaintiff's argument is grounded in nothing more than a cynical and speculative assumption on how the Planning Director might rule. But if that were sufficient, primary jurisdiction could never be invoked, to the extent that one party likely always believes the regulatory agency will be a less favorable forum. That is not and cannot be the law. Finally, Plaintiff argues that if primary jurisdiction is invoked, its lawsuit should be stayed, and not dismissed,because the County has purportedly already"expressed its view on 4859-0518-5644.1.051730-00058 9. this matter" and "further judicial proceedings will be necessary." County Opp. at 14. Threats of future litigation and the fact that agency rulings are generally adverse to one side of a dispute cannot possibly provide a basis to not invoke primary jurisdiction. And while Plaintiff alleges that it"may be prejudiced"by a dismissal as opposed to a stay, nowhere does Plaintiff explain how exactly it would be prejudiced. County Opp. at 14. E. Plaintiff Cannot Obtain the Mandamus Relief it Seeks. Plaintiff's Opposition fails to discuss,much less distinguish, the ICA's decision in KOkua Council for Senior Citizens v. Dir. of the Dep't of Health, 143 Hawai`i 524, 432 P.3d 3 (Ct. App. 2018), which held that jurisdiction to issue mandamus relief compelling a public officer to fulfill an official duty rests exclusively with the Hawai`i Supreme Court! Nor does Plaintiff dispute that that it cannot meet the mandamus standard under the facts of this case, as a matter of law. See Hanabusa v. Lingle, 119 Hawai`i 341, 351, 198 P.3d 604, 614 (2008) ("Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available."). Finally, none of the cases cited by Plaintiff involved mandatory injunctive relief compelling a public official to exercise discretionary authority, as opposed to prohibitory injunctive relief enjoining an official action from occurring. See County Opp. at 15. III. CONCLUSION Oceanside respectfully requests that the Motion be granted. DATED: Honolulu, Hawai`i, June 27, 2023. /s/Derek B. Simon PATRICK K. WONG DEREK B. SIMON IAN WESLEY-SMITH Attorneys for Defendant 1250 OCEANSIDE LLC 8 The Hawai`i Supreme Court rejected a petition for writ of certiorari to review the decision, which is significant given that it concerned the jurisdiction of all circuit courts. Kokua Council for Senior Citizens v. Dir. of Dep't of Health,No. SCWC-17-0000850, 2019 WL 1307360, at *1 (Haw. Mar. 21, 2019). 4859-0518-5644.1.051730-00058 10. IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAI`I C &J COUPE FAMILY LIMITED CIVIL NO. 3CCV-23-0000123 PARTNERSHIP, DECLARATION OF COUNSEL Plaintiff, vs. COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE ENTITIES 1-10; Defendants. DECLARATION OF COUNSEL I, Derek B. Simon, declare: 1. I am a partner with the law firm Carlsmith Ball LLP, attorneys for Defendant 1250 Oceanside LLC. 2. I am authorized and competent to testify to matters set forth herein, and unless otherwise indicated, I make this declaration based upon personal knowledge. 3. Attached hereto as Exhibit D is a true and correct copy of County of Hawai`i Ordinance No. 96-7, signed into law by the Mayor of the County of Hawai`i on January 15, 1996. 4. Attached hereto as Exhibit E is a true and correct copy of County of Hawai`i Ordinance No. 96-8, signed into law by the Mayor of the County of Hawai`i on January 4859-0518-5644.1.051730-00058 15, 1996. 5. Attached hereto as Exhibit I is a true and correct copy of County of Hawai`i Office of the Mayor Rule 1 Development Agreements, signed into law by the Mayor of the County of Hawaii on March 16. 1995. 6. I declare under penalty of law that the foregoing is true and correct to the best of my knowledge and belief. DATED: Honolulu, Hawai`i, June 27, 2023. ls/Derek B. Simon Derek B. Simon 4859-0518-5644.1.051730-00058 2. EXHIBIT 4 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 158 (Draft 5) ORDINANCE NO. 96 7 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-1a) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-12 :4 , 11 AND PORTION OF 3 AND 8-1-4 :PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Section 25-87, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A-1a) : PARCEL 1 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5,408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South: 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S. W. Makahiki to a point : Thence, following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the right with a radius of 470 . 00 feet, the chord azimuth and distance being: EXHIBIT 4 2 . 316° 23 ' 15" 424 . 98 feet to a point ; 3 . 343° 16 ' 839 . 35 feet along the remainders of Grant 2029 to S . W. Makahiki, Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point ; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 4 . 329° 59 ' 30 " 473 . 03 feet to a point ; 5 . 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point ; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270 . 00 feet, the chord azimuth and distance being: 6 . 345° 33 ' 1224 . 95 feet to a point; 7 . 14° 23 ' 350 . 20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 8 . 354° 32 ' 30" 699 . 21 feet to a point; 9 . 334° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, for the next three (3 ) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : -2- 10 . 66° 00 ' 770 . 00 feet to a point ; 11 . 74° 30 ' 930 . 00 feet to a point ; 12 . 67° 00 ' 285 . 65 feet to a point ; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall : 13 . 179° 00 ' 416 . 28 feet to a point ; 14 . 149° 00 ' 221 . 00 feet to a point ; 15 . 52° 00 ' 205 . 00 feet to a point ; 16 . 67° 00 ' 304 . 00 feet to a point ; 17 . 80° 00 ' 573 . 00 feet to a point ; 18 . 102° 00 ' 259 . 00 feet to a point ; 19 . 136° 00 ' 441 . 00 feet to a point ; 20 . 120° 00 ' 641 . 00 feet to a point ; 21 . 137° 00 ' 256 . 00 feet to a point ; 22 . 168° 20 ' 1123 . 00 feet to a point ; 23 . 163 ° 30 ' 456 . 00 feet to a point ; 24 . 206° 00 ' 214 . 09 feet to a point ; 25 . 243 ° 00 ' 693 . 46 feet to a point ; 26 . 193° 00 ' 282 . 00 feet to a point ; 27 . 222° 00 ' 513 . 00 feet to a point ; 28 . 210° 19 ' 324 . 00 feet to a point ; 29 . 198° 00 ' 497 . 68 feet to a point ; 30 . 181° 00 ' 307 . 60 feet to a point; 31 . 258° 00 ' 140 . 74 feet to a point ; 32 . 188° 49 ' 30" 106 . 80 feet to a point ; 33 . 170° 53 ' 443 . 95 feet to a point ; -3- 34 . 268° 39 ' 20 . 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35 . 272° 51 ' 57 . 35 feet to a point ; 36 . 267° 36 ' 189 . 05 feet to a point ; 37 . 269° 43 ' 203 . 15 feet to a point; 38 . 275° 15 ' 223 . 35 feet to a point; Thence, for the next three (3 ) courses following along middle of stonewall and along Royal Patent 1098 , Land Commission Award 614 to Charles Hall : 39 . 268° 14 ' 434 . 20 feet to a point ; 40 . 275° 04 ' 236 . 30 feet to a point; 41 . 262° 13 ' 206 . 40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less . (Refer to Parcel 1 as shown on Exhibit "A" ) . SECTION 2 . Section 25-88 , Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Halekii , Keekee 1st and 2nd, Ilikahi , Kanakau 1st and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st , South Kona, Hawaii, shall be Agricultural (A-1a) : -4 - PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1587 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 601 . 01 feet North and 2 , 479 . 11 feet East and running by azimuths measured clockwise from True South: 1 . 334° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point : Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left with a radius of 705 . 00 feet , the chord azimuth and distance being: 2 . 298° 34 ' 831 . 43 feet to a point ; 3 . 262° 26 ' 397 . 26 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being : 4 . 277° 14 ' 329 . 53 feet to a point ; 5 . 292° 02 ' 85 . 32 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of - 5- 30 . 00 feet, the chord azimuth and distance being: 6 . 337° 02 ' 42 . 43 feet to a point ; 7 . 22° 02 ' 35 . 26 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being : 8 . 6° 12 ' 384 . 70 feet to a point; 9 . 350° 22 ' 60 . 05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: 10 . 6° 42 ' 30" 362 . 96 feet to a point ; 11 . 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point ; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius or 705 . 00 feet , the chord azimuth and distance being: 12 . 6° 06 ' 411 . 07 feet to a point ; 13 . 349° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point ; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being: -6- 14 . 3° 07 ' 311 . 35 feet to a point ; 15 . 17° 05 ' 307 . 17 feet along the remainders of Grant 1464 to Ialua and Grant 1576 to Lohi to a point; Thence, following along the remainders of Grant 1576 to Lohi , Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130 . 00 feet, the chord azimuth and distance being: 16 . 349° 47 ' 1036 . 55 feet to a point ; 17 . 322° 29 ' 272 . 49 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870 . 00 feet , the chord azimuth and distance being: 18 . 352° 50 ' 30" 879 . 41 feet to a point ; 19 . 23° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 20 . 78° 08 ' 30" 958 . 38 feet to a point ; Thence, following along middle of stonewall and along Grant 1162 to F . 0. Shulze, the direct azimuth and distance being: 21 . 57° 14 ' 50 " 1532 . 00 feet to a point ; -7- Thence, for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole : 22 . 160° 00 ' 200 . 00 feet to a point ; 23 . 149° 00 ' 452 . 00 feet to a point ; 24 . 160° 51 ' 628 . 00 feet to a point; 25 . 152° 30 ' 327 . 00 feet to a point; 26 . 182° 19 ' 313 . 00 feet along the remainders of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point ; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27 . 171° 27 ' 400 . 00 feet to a point ; 28 . 161° 20 ' 606 . 00 feet to a point; 29 . 175° 16 ' 440 . 00 feet to a point ; 30 . 182° 42 ' 30" 1190 . 00 feet to a point ; 31 . 155° 00 ' 489 . 00 feet to a point; 32 . 181° 00 ' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point; 33 . 153° 00 ' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 34 . 179° 00 ' 126 . 72 feet along the remainder of Royal Patent 1670 to John D. -8- Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 35 . 247° 00 ' 285 . 65 feet along Grant 1651 to Charles Hall to a point; 36 . 254° 30 ' 930 . 00 feet along Grant 1651 to Charles Hall to a point; 37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John Peters to the point of beginning and containing an area of 372 . 010 Acres, more or less . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof herein after referred to as "subject property" ) . SECTION 3 . 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 . B . The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205 , Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District . C . The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property with the acceptance of the prevailing facilities charge for the 499 units of water by the Department of Water -9- Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the 500th lot within the development area, the applicant shall secure the necessary "Water Commitments" and comply with the Department of Water Supply' s "Water Commitment Policy" for the remaining units of water for the proposed subdivision and golf course development . D . Subdivision plans for any portion of the subject property for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance . E . A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable . F . All electrical and communication utilities and systems within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site . G. A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property. -10- H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans : 1 . an archaeological data recovery plan for the sites to undergo data recovery, 2 . a detailed interim protection/preservation plan for the sites to undergo preservation, and 3 . an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. 1 . Should any unidentified sites or remains such as artifacts , shell , bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of -11- Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to and approved by the Planning Director prior to final subdivision approval, or any land alteration activity, whichever comes first . The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses , parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e .g. , Conservation District Use Approval, Special Management Area Use Permit, etc . ) ; provided, further, that the applicant shall be responsible to comply with the following terms and conditions : 1 . An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from -12- the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course ; 2 . Upon opening the first phase of the park area, a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents , guests, and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike . The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and 3 . The public shoreline access plan shall also integrate where appropriate, any public accessway (s) to interpretive trail system (s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district . -13- L. Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails; provided, that restrictions will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area ' s pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions . This condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264 , Hawaii Revised Statutes; M. Roadway improvements and access (es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki' i Street intersection; -14 - 2 . determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the applicant ' s reimbursement to the county for the acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes , provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki ' i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; 4 . construct the extension of Haleki' i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the - 15- Department of Public Works . If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki' i Street improvements . The purpose of this condition is to prevent the use of Haleki ' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and 5 . provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein -16- and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose ; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant , less the pro rata portion attributed to the subject property; N. In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements . -17- 0 . The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads . The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments . If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment . The fair share contribution for each lot , except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of building sites as determined by the zoning of such lot . 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 $7, 239 .16 per lot. Based upon the applicant ' s representation of intent to subdivide and develop up to 400 lots, the indicated total fair share contribution is $2, 895, 664 . 00, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0 . -18- The fair share contribution shall be allocated as follows : 1 . $3 , 490 . 85 per lot, for an indicated total of $1, 396, 340 . 00 to the County to support park and recreational improvements and facilities ; 2 . $168 . 40 per lot, for an indicated total of $67, 360 . 00 to the County to support police facilities ; 3 . $332 . 61 per lot, for an indicated total of $133, 044 . 00 to the County to support fire facilities; 4 . $145 . 62 per lot , for an indicated total of $58, 248 . 00 to the County to support solid waste facilities ; 5 . $3 , 101 . 68 per lot, for an indicated total of $1, 240, 672 . 00 to the State or County to support road and traffic improvements . The fair share contributions 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 and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development , subject to the approval of the director. The cost of constructing the improvements required in Conditions J, K and M shall -19- be credited against the sum specified in Condition 0 (4) for solid waste facilities, Condition 0 (1) for parks and recreation, and in Condition 0 (5) for road and traffic improvements . For purposes of administering Condition 0, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies . P. Comply with all applicable laws, rules , regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. Q. 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 . R. 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. -20- S . 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 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. 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 or more appropriate designation. -21- SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: 14.00110046mogiLit) .4m440000440ftwil COUNCIL MEMBER, LINTY OF HAI Hilo, Hawaii Date of Introduction : December 15 , 1995 Date of 1st Reading: December 15 , 1995 Date of 2nd Reading: January 3 , 1996 Effective Date : January 15 , 1996 Af•Tr:OvED cs to CC`Rr?_ .,iT:ON COUNSEL CC.:NTV OF HAWAII Date -22- .- . ..-••...•'- ii •• - . -,.:. ,...; ••,-.... , V .4 i a,j... ... .. ....... ;: 1 I LPI:l.i.:. f I *"'.'") i , .i•..n.:9 '.:-.**"" 4-"7"2717:: WI/; ii 1• r: i I. -.... ' i I : s... 0....1 1 ! \-• .. : ,, ----J----1 • - 'V.--1,-,•-•-.1..• 1:::$ • ' "--e:.-!..1. ‘ "--1.2r-......._----—..... .............. -__ -4....._71-. .%-.1- .1 ..--____ „-.1.21 , °• - • talt-- / „' •,. 44. 11 c..'''....171., i ............ ......,...m..... r r'e:.. • ••r. . r /1 ‘. • •••-• ..... Ar. €. •....:-• lir,---••- ''t 1... -''• --- .."7--7....- . r / i .ti .p 2 frt ••.,.... ••••• .... ....1 1.4. i: atr4L-_,.' 7.---.4r----7- ,.,---•••,..• .•-= ..I *nu I .............., / E -V ....• .-.- -.'. ;., ,„....."-,:•...,. :. ./ „ :.; ... ,..... ri ..F •lillate I kk. n -----........_41 .... .1 ..V 1 92 t ie,'•••- • .•' • .:1; 4 , .. ‘... 2 I /•.• . . :.-....:: I'Ifi t ../..)..... .<...1 ri. .... :•-• 4 1''' ' • = 41 !:, P,i, ....",..... .. I ••• ..,..7.. 144'• 3: . , r -........ ..... ,,, f , ,s,,,,,. ; n ----.1 71 %., I ......... -. -,„ .. $ V 11.• ........ ... .,...—.--.m.... ........ ,__.......-..—.. .. .._ 1•-•:'.... * r7,;-______-,-- • - 4 •......_ 1.••• .. ) II ; / I ................ .........-......-..-.".- '-1 11 ; • 1 ........-... n V 01( V .-..1 \1 '\....'"?..... f• ; 57""..... .2 ... in ... • / ' 61 L in ........ .... -.-.-... ,.---- "'•-.._... ... •! .7- z,\. II ... I :1-„ .. • f •••••••••_r_eft.....•,s--.* —. . ..-- ••••-•---"-- _ ................. A ....----1: t• i ___ ... ••.: ,•• I! -,L. `,..;.1 r----7.---: .1i to.-:-_•‘... - ----1--"." ---- 1 ..... .. -...: •. -•--- ". - - •: It!-- ---- ,r......, .4-:. ..1 • s .xc"7"-----:-1-:----.--..---------- 7 • :4' .1. L - ... .... rii .... --.„, ____ ,t, ,•. f• IN . .1 f , 4... .4-.....7.7....--- „, z z • g •..... ....-. ' •I 1..."." • 1: „ .-7" ..• .................._.......---"--.2 I.. ...... .... .. .....- -• ••• I. . -- •-- -..•.-• r --1- .'"./........":.".' if y ,. ..• 14 I I ..." ..!:,;.-1..••,-• a —1 1..._- — •• ..:. ..-CNN. • \ • ..."•....., II/ : :: ,•r F. .; ....I i P 3 . • ,..... ...-........... ... ......... 11 it I at. girS” .'... •••.. •••••-.orb • • It — •,.4— .., • :I .... ti : .... W ..'.' " I. , 4,. J•• It•••• 4 :.... :14•• .... . I ... I.....-.. . •••••••• ... . ..— ;/54 :II i ••-•--•'•"--...-.-'"L"...-.......--."-'- I il pi; n t. . ! I if. ,":• i 1;.1 i f i ! I ,!... . i J. .11 4. NI I. 1 1,, . ir ii 7rt ... . 1 • i• •i' I; 2.. --- ., - - :—----------- • 1 •; . • • ----. • : •• : A ...v . " • 1 .1' ',<.•. .'........:••• .... .... - . . „,...,. ..... .. E trt •. , /I,i !•v.., = • A :7 i = it - T : - 1•: 1 ; . I ::, ; - . - - - iii = • : i : - ; f I-I. I 1 r.,,r CI ; -:' I: ii! .T ;s i - i ; : i • ; ,. - -1-„; iii , ' it lI : I 5 A i ii-r-i ;I B 1 t • /4. _-.1 • • 1 is i • zi - ; it• :1 ,4 01,0 :1] :E• ! :5". Id111 Iiiiii - .. 1 •. : . ... ! .. .! ,, t • . a Int" .1, if f(.1 1 irrr • s!z;L7. , !IE :If l 'zijii .it ' .. iiirt. r , ;:• •7• 1Z r fill7 .4!11.11 !':; = - i ; Ei .7 . : 111 rj Z ?I 1 Il'ii 1 ; ! .. .i . ' ' -. 'n l,. 11 .• • ' ; 7 i : ; Fa 7 : • I- : 1 • 1 L: ; • : r 5.. 0 • • . '' ; : 2C .... 1 1 A . . _ , 8 .4. i ----7.-4( ,... . •:,.,ca,—,;,-,_...;1.41. co) 0 7-1-0144. ,..02)1.- •".,... v..- --- • . - , - • ,.: . r I ,4-....447 i . `•$ . ',''',..L-1, 151 " 4-i-tZT .; t":... • j.. -\• ' ...::.c.-... :- )'' t... •- iVralleft, ... ,f,• Y ) '1,.. , •7-• it,,..;;.1\,....1.,,,,,,,,i- 1 0 7--r.--4 ,14...71,:.1. ,. .'-::: ..,\, ;`,:,.- -,,-., -2 ) . :::-'114-•.d. 7. .-,Viii,.:',/,',r.,, ,,17.` L. _ ; i , OA-, e, r,j - _`_ ,a, E+s f . .� ,�O , 7 e ' ..1 -pi -4 . .-•nirilt , , .-- •. ' • ' h, lt. '1 ...� i l ,fir • - . 4-' .4:... r ..-7.-`- .'l ::.'3,.;.. . i'fiM14N\J--•,..4-• .'" , ,,4M1.1Ireti.,... -1A,... .-1--1---..--- -.1:___ 4—, , ,r--1-. \, 11) .r. ,-. , , ,,,,, . /.. , ,.. , , ,...-/ f.,„ „,H , -1..7-..;-....4:10.tm, 1, -• .(. if. ,/ .1 .....;.• i, ' i -,„,,,,,,;, . , it .0 -.-7- 04qt i .), to'-:, , . 1 f .' '-', • • , •..-: 7 q '' ,•'4 w..`,,.. •,?� 1 ) i, I r i TT z---'041017 , 11811V1w` I. t ..r,:_4.\-; 4. ` .',>(/, ,,. • .- ' ''� Lei r. '`� •� .4. -' . -1 r i° } '' .1\ '10 -),1 1-% 71 if. 414 3�� A- : ,^ ' c1- 1�, t4,i+'A COaz! + -. �l':` k g, r. .�,k •• ,,�, ,),i } ..,,i ) , MI ,,,,-.7"-"" V gm .1 A Aiii • =Err7f' `� API. „+., i ,„If., �{ �0.4 � ..,,ely,„ 4.:3.... , ,:,-.: 1 f � fff1r H1i 4v , ,,. 'd'.�1f • /r " �'i- ..V . -. • �- vis , ON._ � , Yr/ li'r7 i � A ' �r1ifaiy 1ikr1 i PA � .,•,-M r+(1((4til • lik ir 0 t. .- ,4.iv--"if i !. ziw pvlrivRf)aiieirsmahwFiliv;)\ yip , f 1/, r I-4 )ii c%) ' r% rffy� —44,--5,.»,-. a i_ y. �} ✓ +.. 1.- • 4T'r ,i.'' I I �` II? ,ct; ww + .,: `. Y ;'/-F .4...o. ,,'/• ` 1 7,,,01!77 � (G' . J• , �n ' Xr �! I { . ! jam' 'r.' : .- i,.1 .,;,\. ;!/ }} x ii: '.'' " 15_4;." ',.. .:---LA:,... •, ..t'') ': • j ,.-:. " (:.;• - • _'' ......L.--,-=.•4,4, Ir ! G 1.1 �:�/ ., "....� , i _ • r. J ...i. ,-.: ,b• 1 •... .\ ` *its- f 5 'r •1• .�,��, Z }!l7 4 , h` ��.-�'•..- _ 111 c- p • ... ,-2__ ,' CV1m _ / • • , z }' 't`11iA .,''''"If74 , '+ '1 ;�.)c; 4Lr� , •.r:� +'rin'l`�•\11 )111 ' +;,. .11' w,t, ..i orir{41�Il5�1+��1u• \o • --„'d,/,r ' . :••R + .`.1"”` 'a .z.- •'( 4N, f�0%.1)+'.fl, y�r 4^Wel l r; r.. 4•• H • /l -'C�' .H 1„.�[I1'• r",',-/.''1 f �_• �p}! iq ... • '.• ., / 1 , 7• 4 ,r' ',,,i, ,'" '.,, 1.4-; •:::.Z.f., t, c. ),.1•• ).6.S ' '...,3:. , )4- •• • ..... .. . -r•....,..._.?., •, .. -: . , ,,.. . . .. lk... itrAlik pa. F • (../'•....,,,.. ; • • ' 1 ( "7Z-— to r ... ` �( f ice...... t�i t• \._.., .......1.-.:,� : ':t om. \ti . r• •..'•• / .:�''- r".."411111n". N }'; /.. • -C,,i+-., itOsr .., / -r�. s' .. .ra1.,.. .»'�` :a4 \ ..1.I...+....0' _.i.. j:'. I •r, 1 , . X" -",• •o \ ' !Lr 6� ,j t r r•` �� r r. 1 .,1 t. _ -‘ 0 i .- ,,,,,;.„. 2,. ,c' Cs . ; i•,:. 1 r),_#&,-1,}7',...,. '. ..' .. ........- .. t 'r. ..(' . / ,••K.. ,,,,,.. , •,., ,,:t• • E; iir.. , . ,_•41, ,....•;), . . ,•.. - .. „.. ,..-7. ... _ ,, ...„:. ... •. • ),74. 1' • T •. • S..., ,, . 41, •-•..- �. ,, JR r- l'''- ---/-T'- :0, : y" }} kt • Yd 9 1 � �'a. '": I� l i /'�'4 P7P, r lie 1++1 ,;ff t r II • r.,1.) ' •• # "A' e ,r.4.2*,..., . urnif. A. . . p ! . li' ./ '' ', ' 4f.i ' i I\\' . .' ' ' ir'') (itte—i.. ' ". '17.r-".,'. 1, '-.. ; !...'---:.'.. • i ` . i ,. 1. �. ' ,. r �•,J ..,,.,,,,,...0,.(..i,„: r 4I/ '�.i` ..•` ,,,,,,,...:-.2.:,',,,,,..:.„).::::\.-:.,:---, f� l� 1 • ii,.......;4_...,1;,..... ,,,,i...,i.k.... ••• ..., ' i ,.. ,.. ,.. - :..,,•,,,,.v ,, \ ,r,„,. ,,,,, , _, .,, ) .',T;.. ., (:il. c4 ,.. • „,„ ,1 • , •,.••• • , .„.• , ,,,,.. , , .. ,•,. „,,...•,‘ t•.,,-..-.),,, ,, , , \ --4_,,,,- ,, ,:„... ),..,,,,,, ,, , ...._.,.„.,,,,,,, , ,,..,.,,,, i n } .1 ti Ir "y--/ _. . `r '.--ic'.�r--�.,— —.'i. �• r ' • 14 f• v ,�• _~` � I :•(ti• ! '•i: ,--C/-C., \ 1 . ... :.e••••�'.% •-' / • j• ,t .. r • Dm OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , HawaiiR E C ~ , r (DRAFT 4) 'S6 JON 16 Rill 7 57 I3? . ALL VOTE CLERR Mee N I'YNQESi 5 W Aff/S EX Introduced By: Takashi Dcmingo Arakaki X Date Introduced: December 15, 1995 December 15, 1995 Bonk-Abramson X First Reading: Childs X Published: NIA De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 ( DRAFT 5 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996 Returned: January 16, 1996 Aralcaki X Effective: January 15 , 19 9 6 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. f COUNCIL CHAIRMAN A/Irre.iltee_----- COUNTY CLERK ek Appr ved/Aisappraved this Arday of ,19 616 . FR, COUNTY F WAII Bill No.: 158 (Draft 5 ) Reference: C-734/PC-88 96 7 Ord.No.: A s. € --.' a F 1 Fi )__t;:icall3 i '' ' I i -. ,,,,,, :, t -..-...= iel u" _? oll 3 rl 1-1—'' `a__ ,. a... ,n..n,,„ JET w..� , x S y 1 1 `� -�nb \ w-��cy �w J 1 -.1�� J ,. - - H .EIS ,. -- .EPIE ;� .,..._._ :.,..:7-- _ y sq 4 .% e - `Y'rar nag iiiipft H •_ .' ems^ 1 '10I As ah `pI J ar -173 /m 0 7 3 .. c. d 1 r B H4 5 �,L Jam_~ � _ 53 rr 1II p .a.�.., — 3 GM.2 '� Ili m�H -,u.b ��� kr`�i.ill m 2 --nwx n> .;- g r- i=t _ gg ,r,, =''-- '+, r .,..a 22 w.,.... " ., a .,,,�,>K acvt .e^"-W.n 9 g I i ~ }S 1 m _ •- - V.4% d4-v S - 7.Y ].� J®T F w _ ; .r _� ,16,!=,..,.....,c,.... -�- —---- Jf _ —_ �,.,:.,.., ,.+ r` �,t�}'. ,s ! Ff} s a1+.1, it a 6 f.;'rt" {�,.A ' ,pc., Lir..: J .... ._. k.Jr. -- o-w.. .m ,. F 35le 1 L Yi e`' r. 6,1 m ,.°'4'"..:""o'r.-4' ii il: ..., , ..°. \ ''''''61 V Ill �_.,-- Ie. /If '' 1 f 0 � ny ' .•••• „. .. t Jar. _un l 3,=. R O E = S' °•9€s _S f---- 1 - i • ee; in ti Y S is P 3 - 2. .8J G 'mow J \4__________JSF ) ' `ti 4 i i `_� ..r.."r ,.. 6 e { 8W'r ' C. ti C. U I =NP - i i _u rHeW vnn, ,1.• 18 •.U 28881•. :6 ` a i0 9 S•6 .^x� m .. ., w z GI ° i s P` £ 'iI 2 m y 4 cgs e� "8,, u _ o _ .. z ” `f2 i 4g r4. p g 8 - 0 m �,R Ia ! 8 mei gAc =E. N i R 7 o s 7, m m „ Ep _ ,. "s W o r, u ffeW nN a "m o• y 8 .1 I.$ 3 ry o o N N J EXHIBIT 5 COUNTY OF HAWAII STATE OF HAWAII 181 BILL NO. (Draft 6) ORDINANCE NO. 96 8 AN ORDINANCE AMENDING SECTION 25-87(NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL(A-5a)AND UNPLANNED (U) TO AGRICULTURAL (A-1a)AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST,NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3,4, AND 5 AND 8-I-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87, 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 Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 1: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions,being also a point on the division between North and South Kona, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by azimuths measured clockwise from True South: 1. 71° 45' 902.30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2. 152° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; EXHIBIT 5 Thence. for the next seven (7) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3. 251 ° 23' 30" 224.69 feet to a point; 4. 250° 35' 58.35 feet to a point; 5. 255° 17' 131.07 feet to a point; 6. 240° 43' 26.91 feet to a point; 7. 257° 50' 172.57 feet to a point; 8. 243° 13' 30" 21.91 feet to a point; 9. 256° 57' 98.95 feet to a point; Thence, for the next twelve (12) courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo: 10. 338° 17' 30" 158.36 feet to a point; 11. 257° 24' 102.95 feet to a point; 12. 255° 40' 30" 171.35 feet to a point; 13. 261° 29' 101.46 feet to a point; 14. 346° 30' 30" 54.40 feet to a point; 15. 343° 21' 30" 152.40 feet to a point; 16. 346° 20' 165.46 feet to a point; 17. 343° 29' 30" 80.88 feet to a point; 18. 357° 13' 57.51 feet to a point; 19. 345° 53' 30" 154.41 feet to a point; 20. 333° 53' 114.71 feet to a point; 21. 345° 43' 43.78 feet to the point of beginning and containing an area of 22.251 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A"). -7- The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hail, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 1. 172° 44' 35.46 feet to a point; 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251 ° 15' 39.58 feet to a point; 5. 259° 25' 18.68 feet to a point; 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271° 10' 30" 50.61 feet to a point; 12. 261 ° 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262° 38' 30.23 feet to a point; 15. 258° 17' 37.28 feet to a point; 16. 254° 45' 21.32 feet to a point; 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 21.89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° 07' 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; 23. 250° 03' 30" 91.17 feet to a point; 24. 257° 28' 88.18 feet to a point; 25. 253° 37' 30" 14.36 feet to a point; 26. 271° 49' 7.86 feet to a point; 27. 243° 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; 30. 265° 31' 13.70 feet to a point; 31. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259° 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259° 49' 30" 85.74 feet to a point; 37. 266° 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 272° 05' 60.95 feet to a point; 40. 269° 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; -4- 43. 272° 21' 30" 28.45 feet to a point; 44. 277° 12' 46.47 feet to a point; 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; 50. 261° 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' 166.66 feet to a point; 55. 261° 47' 108.98 feet to a point; 56. 243° 34' 33.10 feet to a point; 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262° 59' 118.99 feet to a point; 60. 256° 19' 39.78 feet to a point; 61. 262° 44' 82.08 feet to a point; 62. 267° 50' 34.11 feet to a point; 63. 265° 25' 63.09 feet to a point; 64. 273° 36' 30" 112.92 feet to a point; 65. 268° 50' 151.03 feet to a point; 66. 274° 59' 30" 35.27 feet to a point; 67. 268° 30' 30" 48.40 feet to a point; -5- Thence, for the next three (3) courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makahiki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73. 333° 41' 55.11 feet to a point; 74. 341° 52' 42.41 feet to a point; 75. 350° 21' 65.77 feet to a point; 76. 357° 11' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81. 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83. 356° 37' 108.84 feet to a point; 84. 358° 09' 110.66 feet to a point; 85. 6° 27' 30" 75.31 feet to a point; -6- 86. 357° 30' 30" 143.26 feet to a point; 87. 8° 45' 30" 30.57 feet to a point; 88. 359° 52' 108.27 feet to a point; 89. 265° 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight (8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe: 90. 357° 33' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point; 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; 96. 329° 39' 30" 32.22 feet to a point; 97. 326° 06' 51.01 feet to a point; 98. 324° 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; -7- 104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105. 82° 05' 30" 51.64 feet to a point; 106. 83° 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91 ° 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; 111. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; 113. 268° 21' 280.72 feet to a point; 114. 259° 47' 379.67 feet to a point; 115. 260° 53' 149.26 feet to a point; 116. 259° 07' 153.59 feet to a point; 117. 266° 02' 30" 90.63 feet to a point; 118. 250° 32' 115.64 feet to a point; 119. 240° 54' 54.22 feet to a point; 120. 246° 41' 140.89 feet to a point; 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; 123. 245° 12' 30" 66.16 feet to a point; 124. 257° 45' 30" 34.33 feet to a point; 125. 239° 59' 72.54 feet to a point; 126. 250° 39' 30" 70.76 feet to a point; -8- 127. 246° 08' 111.93 feet to a point; 128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four(4) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions: 129. 64° 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.78 feet to a point; 133. 154° 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet, the chord azimuth and distance being: 138. 149° 59' 30" 473.03 feet to a point; 139. 163° 16' 839.35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; -9- Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet, the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A") SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 3: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit II (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 2. 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii) to a point; 4. 266° 28' 187.31 feet along Lot 3 (Government Land - County of Hawaii) to a point; -10- Thence, for the next eleven (11) courses following along middle of stonewall: 5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 8. 91° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; Thence, for the next four (4) courses following along Grant 866 to Kapule: 10. 86° 02' 30" 309.93 feet along Lot 2 to a point; 11. 80° 19' 207.35 feet along Lot 1 to a point; 12. 75° 14' 183.86 feet along Lot 1 to a point; 13. 79° 02' 674.13 feet along Lot 1 to a point; 14. 177° 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 15. 750 14' 1,338.05 feet along Grant 977 to Panaunau to a point; 16. 150° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251° 45' 902.30 feet along Grant 865 to John Nakookoo to a point; -11- Thence, for the next thirty-six (36) courses following along middle of stonewall and along Grant 865 to John Nakookoo: 18. 250° 02' 30" 41.72 feet to a point; 19. 238° 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253° 29' 121.82 feet to a point; 22. 257° 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to a point; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 110.46 feet to a point; 28. 258° 29' 24.30 feet to a point; 29. 274° 56' 30" 31.91 feet to a point; 30. 260° 18' 30" 148.31 feet to a point; 31. 253° 43' 47.09 feet to a point; 32. 243° 21' 30" 89.60 feet to a point; 33. 263° 53' 30" 70.49 feet to a point; 34. 254° 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241° 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point; 40. 216° 24' 30" 55.73 feet to a point; 4I. 238° 55' 30" 27.24 feet to a point -12- 42. 255° 23' 30" 29.74 feet to a point; 43. 271° 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271° 04' 85.71 feet to a point; 47. 277° 42' 30" 71.32 feet to a point; 48. 269° 46' 21.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pacel 3 as shown on Exhibit "A".) The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78° 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: -1 3- 3. 203' 12' 488.09 feet to a point; Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth and distance being: 4. 172° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell, and Grant 1576 to Lohi on a curve to the right with a radius of 1,130.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 8. 183° 07' 311.35 feet to a point; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to Ialua to a point; Thence, following along the remainders of Grant 1 464 to Ialua and Grant 1 175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 411.07 feet to a point; 11. 203° 03' 162.63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to Kamakahiona on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 12. 186° 42' 30" 362.96 feet to a point; -14- 13. 1700 22' 60.05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five (5) courses following along the remainder of Grant 1176 to Kini: 15. 202° 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 16. 157° 02' 42.43 feet to a point; 17. 112° 02' 85.32 feet to a point; Thence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 18. 97° 14' 329.53 feet to a point; 19. 82° 26' 397.26 feet to a point; Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 20. 118° 34' 831.43 feet to a point; 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; -15- Thence, for the next three (3) courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244° 12' 628.00 feet to a point; 26. 330° 55' 956,00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' I.338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona to a point; 30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old railroad: 31. 353° 25' 54.23 feet to a point; 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa to a paint; Thence, for the next six (6) courses following along the remainder of Grant 1175 to Nakauwaa: 36. 350° 55' 30" 47.80 feet to a point; -16- 37. 260° 45' 8.34 feet to a point; Thence, for the next four (4) courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. 1° 03' 30" 50.75 feet to a point; 40. 4° 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four (4) courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to H. N. Greenwell to a point; Thence, for the next twenty-six (26) courses following along the remainder of Grant 787 to H. N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten (10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340° 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342° 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332° 23' 82.87 feet to a point; 53. 324° 00' 11.13 feet to a point; 54. 332° 36' 30" 113.50 feet to a point; -17- 55. 347° 43' 24.68 feet to a point; Thence, for the next four (4) courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 344° 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6) courses following along middle of stonewall: 61. 341° 48' 30" 54.25 feet to a point; 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 111.89 feet to a point; 65. 325° 21' 106.90 feet to a point; 66. 62° 18' 30" 29.22 feet to a point; Thence, for the next three (3) courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337° 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: 71. 338° 26' 168.87 feet to a point; 72. 337° 34' 153.12 feet to a point; -18- 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof(herein after referred to as "subject property"). SECTION 3. 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; (B) The effective date of the rezoning shall be upon: (1) the execution of an agreement, between the applicant, Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty (180) days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within four (4) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five (5) years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, -19- Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot Iess than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (11) A final comprehensive public access plan. to be developed in consultation with community groups. shall be submitted to and approved by the Planning Director prior -20- to final subdivision approvaLor any land alteration activity, whichever comes first. The final comprehensive ptblic access plan shall be developed in consultation with the Planning Director and the Department of Land and N_aturaLResources and shall include mauka-makai and lateral shoreline accesses. •arkina area(s). signage. emergency response considerations. restrictions on use (if any)�provigion of recreational and restroom facilities at appropriate locations and related improvements [The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No. 345 issued to the applicant on November 5, 1993]; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e.g., Conservation District Use Approval, Special Management Area Use Permit, etc.); provided, further, that the applicant shall be responsible to comply with the following terms and conditions: [(1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345, subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources, prior to Final Subdivision Approval, or any land alteration activity, whichever comes first;] W[(2)] An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; [(3) No more than a total land area of twelve (12) acres shall be permitted to be constructed, operated and maintained as part of the applicant's golf course, approved as Use Permit No. 115, and included within the coastline park or the existing conservation district lands;] 12)[(4)] [A] Upon opening the first phase of the park area. a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant's adjacent lands at the -21- principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike. The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and al[(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s) to interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (I) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of[the] its privately owned coastline park and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised Statutes,] will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the] coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264, Hawaii Revised Statutes; (J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire MamaIahoa Highway Bypass [road as shown in Exhibit "C",] between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion] of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit "C",] in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki'i Street shall be completed and available -23- for public use prior to the occupancy of any dwelling unit within the entire project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass;] L [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. [A] If, before the completion and opening of the entire Mamalahoa I Iighway Bypass. a portion of said bypass is completed and opened. and said portion provides aeonnection to f-laleki'i Street. &barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements [prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first,] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and A portion [the Phase 1 section ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and (5)[(6)] provide roadway stub-outs, generally shown in Exhibit "Be, to provide future connections between the subject property, [the Alii Highway, and southern extensions there from;] and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Mamalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and] standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works. The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to -24- reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit "C", meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road, meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;] -25- (M)[(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall he dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law] County of Hawaii; LN i[O)] To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (Q,)[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; [(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; [(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetable, foliage, and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: _26- (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; 1Q)[(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot; provided that this shall not preclude the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; MKT)] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size 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 -27- any combination thereof shall have a maximum combined value of$ 4,701,205.74. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ] The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation . fire. police. solid waste disposal facilities.and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject properly is subdivided in two or mere increments, the amount of the fair share contribution duo an_cd payable prior to final subdivision=royal of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution for each lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes shall be based on the maximum allowable density of building sites as determined by the zoning of such lot. The fair share contribution in a form of cash. land. facilities. or arkv combination thereof acceptable to the director in consultation with the affected agencies shall have a maximum combined value of$7.239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to 400 lots. the indicated total fair share contribution is S2-895-664.00. however. the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. The fair share contribution shall be allocated as follows: (11 $3,490.85 per lot. for an indicated total of$1.396.340.00 to the County to support park and recreational improvements and facilities; -28- (2) $168.40 per lot. for an indicated total of$67,36000 to the County to support police facilities; 13) 4, ..1 .-r 6 a . , 'ia' - . . .1 .. ', I 411 a t- t _ ii a _ soot fire facilities; (4) $145.62 per lot. for an indicated total of$58,248.00 to the County to support solid waste facilities; (51 $3.101.68 per lot. for an indicated total of SI-240.02.00 to the State or County to support road and traffic improvements. The fair share contributions described above shall he adjusted annually beginning three years after the effective date of this ordinance based on the percentage change in the Honolulu Consumer Price Index ()HPI). In lieu of paving the fair share contribution. the applicant may construct improvements/facilities related to parks and recreation. fire. police. solid waste disposal facilities. and roads within the region impacted by the proposed development. subject to the approval of the planning director. The cost of constructing the improvements required in Conditions H. K and L shall be credited against the sum specified in Condition R(1) for parks and recreation. Condition R(4) for solid waste facilities,and in ConditionR(5) for road and traffic improvements. For purposes of administering Condition R. the value of land contributed or the cost of any improvements required or made ix lieu of the fair share contribution shall be such amount as approved by the Planning Director. upon consultation with the appropriate agencies. [(U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the subject property; ] alf(T)] In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; -29- TW[(W)] Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; (U)[(X)] 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; [(Y)] 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, �Wl[(Z)] 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 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 -30- (5) should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: je..3........04..... COUNCIL MEMBER, COUNTY OF H All Hilo, Hawaii Date of Introduction: December 15 , 1995 Date of 1st Reading: December 15 , 1995 Date of 2nd Reading: January 3 , 1996 Effective Date: January 15 , 1996 A! PRCV D as to Fr P.N1 C:C'4% GAU TY DE CORP()ATV N COUN`:FL COUNTY Or HAWAII Date I/SI 1 -31- •—�. ._•. ' i 1 1 Y A J a~ 4 ob...1 • 1• 4 ; 1 01••1•I 1314i11i.1•141:18111:4 .� M••• I4•Nw•1 1 ..) ` `'4 H • 1•1 L• 1 !: .•f'• TIWw..•'!'t1 •f•,. ;11I•; 1•14.,.~.1 11� ..'�-• l JJ s _ ~� . . • In& r L JI 1 Y ' •":• 4•r ii r 1 .in A ) • "` • - •• ••••• 1) !... : ::::-:::- ii ~� Y , r ---4- s.y.•... f k1• A '+�_ r•1" 'att 44 7 i. r • 1 • �_ •"" stn. -iii 11,1:,3_!..... 0. Jfr• . i + i _ r; 1 J 11 { _ 1 • •1• 3 1 411 !All I f1 , i • • t •,•4. ,1.1• iii 1.1 ' ••,• 1 ,1•••,11 .....II / i, �f t 1 t,1• •••.i•itl •�.. 17 1� •1:;4�•� �,•�.'•`III) f ! n t ' 1 1• r 11: ii �•1 1 Yf iiiii....:!!!.! • ••:''l ,(A -- it s 77 >ICOw _ L_- _ .:::?"4 S f .a s . ,.•i-• I • C •'C �:; ' 1 +� • + Omni f-\ w 1•i • �_„�� Jt _ A 'ti• 0 . ci ------/ si h Y 11` iw > tI ••. Nip. 0 : i —a •. r• � �"ter- ti _��--::::%i4'.vil'.i...t'l:1.zl � S• „—. -'Li i i • � ��� r f� •� . . (JJf/Ji.....4 �- L� - Y•;:i _—______ .. .130/40 1•1 I E�l±� #•� w, Y �.1 11i,�;� + .. ._ ._ %1 J r 1 i. 1 III r�— • II :1:1..1..1,.. � �1�i� 1 i I i I I I t L Y • •J •• t• J int. /1 SO 10 II 1 fir . S e ! ii ! i'i ;1 =: ;i1 = vii rA , I iti s } ii 1 " 's_E , s - e r if ;WV i fiUiE4 : 3 ' . ' 3 ! E s • i I I: =c� i( 'i, if.f}rifiii^ f .E1 : •E . •= r 3 ; f t { i - F •'11*• 1 t `w. E i • E € 1 c r A 1 - - k ..1 It z _ • `` • _ _ _ • LU ;; i /tl. )C )) -• Vile- )))) ' •-'. •••,`, e r •T� ^lv !• r:; _,.. I - - rk_- .f•... • r 1 `, ! //y� 4' .:...i.,.,.,, .1. .izi. f . ' . I n'/ yam. w.. ming 1 ` ;� '� m =k '' i ,,r .�; ,e. 'c ,,-..,. ' ,• .x,7171r' , i, . ) ,. i':,. I./pi ; ,\, 11,,; r . i) ,..,y , ,..,.; LIU :A. ' . :111 ' \..'-',,,c-,, -.(yi-,,i-,7 . 1'Mr, „„ 18 .'7-'''---.,,.Y. '!.„,„,7 •eiraa't-ex',.-.:`,,,k.;...1 ;'.., ,A.,:i.... . = tfk � ` S • ^ r\ iL. � r � / r - , i' ` i' Gli• • •, -14 fifi';)! ]_ 7.•t l . `ryi % ‘ .� ....:t61 4 ,; vEl : . 1 ILI 1',l}�i; i'r/ )•/Y / ` ;11 MEP 1 ��j :t'� rtfi ;;r .yi�1�Fi / ) . !!�� V!'f/A( ` ' •, - , L /�►— - t- ,�YM� Gn i/; y p� Y,. y� °hf' r �a' .t .,, nc. r!tIi _ �'" i'/ill .. 4 '••.,'7.. .�4 J • r-' !•''�,. - 17 •;' Irk "r '/'.` 1,!, y� gyp.` G / /.4-, • 6,-,... ,..if • jp. ,•r r t` •`(.j� `' -;,2�Y a / • }},, y •A Z r P .,. , L `• •�.,, �ri�y `�Y3 / % ` ':� r : r - ‘ '•`'1' , • V 'i• c`` y�I O , .t•�y� / . 1 4 •..."4",......, ,ILZ r/I ' /r 1 '[/� , `1 ���/f1y yLL 7'� ..1,,..: t$f * r f, -14_•` i)14/(( lTO' 7,' 7 44"...'.j•:r s . 1 V Phi , Vi •'-• sv-. - k' 'lir. ' 1- ' '.**wi '' -' . '.' .. -i '..) 1'.‘','" .2.' ,1 . •) . lie 4. j.::awil:ti-Z. Im -441171461' 7 '/•rte `: �• !' �• , J;. 411444:7% Ii. ,, r ' I i f- fif ,..:.•-.:,•• -'1.._,-_ _.'\'./.-; r : ..• ,.' 'N14: 41 . .1- A+, //; / ". '' ' i •;.`'I; ,�•, • l "diA•I /, . l. r ! - .per 00 14( , ., , •1:.''-', --,-4-.. ,...4._i-. .y.,. ., .:1...1,,:i.....j... ..• ,:.-c -..i. ..: ii. ,:: ,.....;4,,,ik ,,- /t ..L, •••• 0„,, : ,, 14----+'--,.--, . --, 1 -''' -i 1 - •1. •• ',. 4f...)•. -. d.\ .�. rl 77.. i , p•. 11�y r�;•1.1`'" Sz. .y-:\', W ' '. •:� ` 1 1{ 1 ! -� /_yY+d �j.;C. L' I 1 ''•„ O CO) 7-- � '4E4 r` 1 • i\,\`;�. ,,r 'I S`4Y;r1s,r I ,�"" ,.;;:'..,‘ , .. ,,,,,,,,... ..1„. •♦ `` �;) t 1 Q rJ .1� :1.: ;':,r�� rlrj;:r( '• ,\ ':;` „�., 1 - \�.�;y,' �l _iJ V/ a P4, J.:--c�• i', . g • OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii REv ( D 71fl11)16 WI 7 57 r F I C Ei.,.,,RoLL,c4kityptTE COUNTY OAcYlISWAINOES ABS EX Introduced By: Takashi Domingo Arakaki X Date Introduced: December 15, 1995 Bonk-Abramson X First Reading: _ December 15, 1995 Childs X Published: N/A De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 ( DRAFT 6 ) ROLL CALL VOTE Second Reading: January 3 , 1996 AYES NOES ABS EX To Mayor: January 4 , 1996 Arakaki X Returned: January 16, 1996 Effective: January 15 , 1996 Bonk-Abramson X Published January 24 , 1996 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK ArAL Approved FlisiVprurrri this day of aft ,199G . / ge aiLD OR, COUNTY a�AII Bill No.: 181 (Draft 6 ) Reference: C-821/PC-91[ Ord.No.: 96 8 EXHIBIT 6 R-915 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED Development Agreement APR 30, 1998 08 :02 AM Between County of Hawaii and 1250 Oceanside Doc No(s) 98-060529 /s/CARL T. WATANABE Return to: ACTING REGISTRAR OF CONVEYANCES Benjamin A. Kudo Dwyer Imanaka Schraff Kudo Meyer & Fujim 900 Fort St. Mall Suite 1800 Honolulu, HI 96813 Modified April I, 1998 1250 Oceanside Partners 74-5620 A Palani Road Suite 200 Kailua-Kona,Hawaii 96740 EXHIBIT 6 Development Agreement Table of Contents Recitals 1 Agreement 24 Definitions 4 Headings 25 Effective Date 9 Administrative Act 25 Affected Land 10 Binding Effect 25 Permitted Uses 10 Entities Obligated 25 Density of Use 10 Partial Release 25 Maximum Height 10 Compliance Certificate 25 Maximum Size 10 Satisfaction 25 Benefits 10 Final Release 25 Acquisition 10 Administration of Agreement 26 Condemnation 11 Recordation 26 Donation 12 Counterparts 26 Bypass Construction 12 Facsimile Documents 26 Dedication of Bypass 13 Notices 26 Reimbursements 14 Public Dedication 26 Roadway Stub-outs 16 Public Access Plan 17 Coastline Park 17 Guest Houses 19 General Development 19 Subsequent Changes 19 Necessary Approvals 19 Conformance 20 Annual Review 20 Material Breach 20 Time Extension 21 Amendment 22 Discretion to Encumber 22 Obligation to Modify 22 Written Notice 22 Cooperation 22 Assignment 23 Enforcement 23 Waiver 23 Gender 23 Parties 23 Partnership 24 Applicable Law 24 Force Majeure 24 Good Faith 24 Computation of Periods 24 Severability 24 LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY MAIL (X) PICK UP ( ) To: BENJAMIN A. KUDO Dwyer Imanaka Schraff Kudo Meyer & Fujimoto 900 Fort Street Mall Suite 1800 Honolulu, HI 96813 TMK Nos: (3) 7-9-12: 03 (3) 7-9-12: 04 (3) 7-9-12: 11 (3) 8-1-04: 03 (portion) DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT("AGREEMENT"), made this .20411 day of A ID -: k 1998, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii, acting through its mayor("COUNTY"), and 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, dba OCEANSIDE 1250, whose principal place of business and mailing address is 74-5620A Palani Road, Suite 200, Kailua-Kona, Hawaii 96740 ("OCEANSIDE"). RECITALS: A. These Recitals refer to and utilize certain capitalized terms which are defined in Paragraph (2), herein. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Hawaii State Legislature, under Development Agreement Statute section 46-123, granted authorization to the COUNTY to enact an ordinance authorizing the executive branch of the B. The Hawaii State Legislature, under Development Agreement Statute section 46-123, granted authorization to the COUNTY to enact an ordinance authorizing the executive branch of the COUNTY to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property; C. The County Council enacted Ordinance No. 93-37 pursuant to Development Agreement Statute section 46-123, which ordinance was passed into law on April 27, 1993. D. Pursuant to the Development Agreement Statute and the Development Agreement Code, the COUNTY adopted rules governing Development Agreements on May 16, 1995. E. The Development Agreement Code and the Development Agreement rules establish the procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in property. F. OCEANSIDE is the owner in fee simple of a portion of the Property,and Lessee of the remainder of the Property. A map describing that portion of the Property owned by OCEANSIDE in fee simple and that portion that is leased is attached hereto and identified as Exhibit "A". G. OCEANSIDE or its related entity,affiliate or subsidiary plans to develop the Project on the Property. H. The Project will require a major investment by OCEANSIDE, for example, in public facilities and on- and off-site improvements, to make the Project feasible. 1. The Project was reviewed and planned according to the Land Use Regulations. J. OCEANSIDE has applied for and the COUNTY has granted a number of Approvals for the Project. K. As part of OCEANSIDE's applications for Approvals from the COUNTY: 1. The COUNTY has examined the Project's impacts on vehicular traffic conditions,and has determined that construction of the Bypass Highway will not only offset traffic impacts caused by the Project, it will also provide a public purpose by improving existing traffic conditions in the region. 2. The COUNTY has determined that the construction and development of a Coastline Park will be an asset to the COUNTY and the public by providing coastal recreational opportunities, preserving open space and archaeological sites within the Project, as well as meeting the Project's park requirements pursuant to Ordinance No. 96-7, Ordinance No. 96-8 and Special Management Area("SMA") Permit No. 345. L. The COUNTY has concluded that development of the Project will provide many public benefits to the COUNTY through the zoning, the SMA conditions of approval,and the imposition of on- 2 financing and/or installation and construction of infrastructure and the creation of job opportunities in and through the construction, development and use of the Project. OCEANSIDE shall not be obligated to adhere to and perform the terms and conditions of this Development Agreement("Agreement") until it has commenced construction of the Project and provided that any zoning approvals and permits that OCEANSIDE has received have not been challenged and overturned by or that such challenges are not pending resolution before a court of law or a comparable federal, state or county administrative body. For purposes of this paragraph, "commenced construction" shall mean that OCEANSIDE has been awarded final subdivision approval and has received all necessary construction permits for the Project. M. Pursuant to Sec. 46-12I, HRS, Hawaii County Code Chapter 30, and Hawaii County's Rule 1, relating to Development Agreements, the COUNTY and OCEANSIDE have entered into this Agreement. This Agreement will: (i)provide for the parameters within which the obligations of OCEANSIDE for public and other improvements will be met; (ii)provide assurances to OCEANSIDE that the project will not be restricted or prohibited by the subsequent enactment or adoption of more restrictive Land Use Regulations, including but not limited to changes in zoning classifications or revocation of OCEANSIDE's Approvals, except when, with the agreement of OCEANSIDE, it becomes necessary to preserve the public health, safety and welfare; and (iii)provide appropriate assurances to OCEANSIDE that it may complete the development and construction of the Project in accordance with all Land Use Regulations and Approvals applicable to the Project on the date of this Agreement, subject to OCEANSIDE's adherence to and performance of all material terms and conditions of this Agreement. N. Use of this Agreement will reduce or eliminate the uncertainty in the Project planning and development approval process, which in turn,would encourage the efficient utilization of resources and minimize the economic cost to the public; allow for the orderly planning of public facilities and services; and otherwise achieve the purposes and objectives for which the Development Agreement Statute and the Development Agreement Code were enacted. This Agreement clarifies the Land Use Regulations and Approvals,which in turn provide for the overall design,construction and development of the Project and all on-site and off-site improvements and appurtenances associated therewith, in the manner specified in this Agreement, including, without limitation,the design, construction and development of projects to provide benefits to the region and the COUNTY such as the Bypass Highway and the Coastline Park as set forth herein. O. OCEANSIDE submitted an Application to the Office of the Mayor on A 1 LA`--I- r7. , 1998 pursuant to Development Agreement Code section 5. 3 P. On PIA arc.1, 16 ��' a�d 3 ooh , 1998, pursuant to Development Agreement Code section 5(a)and Development Agreement Statute section 46-128,the County Council held a Public Hearing on the draft of this Agreement. Q. On A r-, I I s.4- , 1998, pursuant to Development Agreement Code sections 5(d)and 5(e)and Development Agreement Statute section 46-129, after review and comment by appropriate governmental agencies of the draft of this Agreement,and consideration of all evidence presented and heard at the Public Hearing pursuant to the Development Agreement Code, the County Council found and determined that this Agreement complies and is in accordance with the County General Plan, as amended,and any applicable community development plans adopted by the County Council as of the date of the Enacting Resolution. In connection with said findings, the County Council passed the Enacting Resolution approving this Agreement for execution by the Mayor. Now,THEREFORE, pursuant to the authority contained in the Development Agreement Statute, the Development Agreement Code, and the Development Agreement Rules, and in consideration of the mutual covenants and agreements set forth herein,the COUNTY and OCEANSIDE mutually agree as follows: 1. RECITALS. The recitals hereinabove are incorporated herein by this reference and made a part of this Agreement as though set forth in full herein. 2. DEFINITIONS. Whenever used in this Agreement,the terms defined below shall have the following meaning: a. AGREEMENT. "Agreement" shall mean this Development Agreement entered into by the COUNTY and OCEANSIDE, approved by the County Council through the Enacting Resolution, and executed by the Mayor on behalf of COUNTY. b. APPLICATION. "Application" shall mean the application for this Agreement submitted by OCEANSIDE to the Planning Department. c. APPRAISER. "Appraiser" shall mean any unbiased appraiser, licensed and certified in the State of Hawaii and appointed as provided herein. d. APPROVALS. "Approvals" shall mean any and all permits or approvals which have been or will be received by OCEANSIDE for the Project from the COUNTY,the State, or any other governmental or quasi-governmental agency pursuant to any Land Use Regulations as of the date of this Agreement, including, without limitation: (1) Change of Zone Approval (REZ 93-5),accepted by the County Council on June 15, 1994 as Bill 182, Draft 6 and signed into law by the Mayor on June 28, 1994 as Ordinance No. 94-73, attached hereto as Exhibit "S"; and amended and superseded by Bill 181, Draft 6 accepted by 4 the County Council on January 3, 1996, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-8 attached hereto as Exhibit "B" and incorporated herein by this reference. (2) Change of Zone Approval (REZ 95-12) accepted by the County Council on January 3, 1996 as Bill 158, Draft 5, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-7 attached hereto as Exhibit "C" and incorporated herein by this reference. (3) Special Management Area Use Permit Approval(SMA 93-1) granted by the Planning Commission on November 5, 1993 (SMA Permit No. 345) attached hereto as Exhibit "D" and incorporated herein by this reference. (4) Use Permit Approval (USE 93-2)granted by the Planning Commission on November 5, 1993 (Use Permit No. 115)attached hereto as Exhibit "E" and incorporated herein by this reference. (5) Special Management Area Use Permit Approval(SMA 95-3)granted by the Planning Commission on September 28, 1995 (SMA Permit No. 356) attached hereto as Exhibit "F" and incorporated herein by this reference. (6) Change of Zone Approval passed by the County Council on March 7, 1997 and signed into law by the Mayor on March 13, 1997 as Ordinance 97-36 attached hereto as Exhibit "G" incorporated herein by this reference. e. BOND. "Bond" shall mean a performance bond, cash bond, surety company bond, personal surety bond,or other financial assurance obtained or caused to be obtained by OCEANSIDE. Such bond shall be good for no more than five(5)years from the date the bond is issued, unless otherwise extended by the mutual agreement of the Director of the COUNTY Department of Public Works and OCEANSIDE in writing. f. BYPASS HIGHWAY. "Bypass Highway" shall mean that bypass highway between the approximate vicinity of Keauhou and Captain Cook,consisting of two(2) lanes with a sufficient Right-of-Way for a total of four(4) lanes required in part to satisfy the conditions of Approvals and to alleviate traffic congestion on the Mamalahoa Highway that has existed for many years. This Bypass Highway is also referred to as the "Mamalahoa Highway Bypass" under Ordinance Nos. 96-7, 96-8 and 97-36 attached hereto as Exhibits "C", "B" and "G", respectively. Further detail and description of the Bypass Highway is attached hereto as Exhibit"H" and incorporated herein by this reference. g. COASTLINE PARK. "Coastline Park" shall mean that coastline park required by the COUNTY to be established under Conditions 8 and 10 of SMA Permit No. 345,Condition li of Ordinance No. 96-8, and Condition K of Ordinance No. 96-7,and subject to the terms and conditions as set forth in this Agreement. 5 h. COUNTY. "COUNTY" shall mean the County of Hawaii, municipal corporation,and where applicable, the appropriate departments and agencies but does not include the County Council. i. COUNTY COUNCIL. "County Council"shall mean the County of Hawaii County Council. j. DENSITY."Density"shall have the meaning given such term in the Zoning Code. k. DEVELOPER. "Developer" shall mean a person,corporation, organization, partnership, association,or other legal entity constructing, erecting, enlarging,altering, or engaging in any development activity. I. DEVELOPMENT AGREEMENT CODE. "Development Agreement Code" shall mean Ordinance No. 93-37, which ordinance was passed into law on April 27, 1993 (now HCC chapter 30). m. DEVELOPMENT AGREEMENT RULES. "Development Agreement Rules" shall mean County of Hawaii Office of the Mayor Rule 1 regarding Development Agreements, approved by the Mayor on May 16, 1995 and filed in the Office of the County Clerk on May 18, 1995. n. DEVELOPMENT AGREEMENT STATUTE. "Development Agreement Statute" shall mean HRS sections 46-121 through 46-132. o. DIRECTOR. "Director" shall mean the Director of the Planning Department of the County of Hawaii. p. ENACTING RESOLUTION. "Enacting Resolution" shall mean Resolution No. 2414/ 98 (DY-a-(4 3approving this Agreement, adopted by the County Council on A p.-; I I s+ , 1998, a copy of which is attached hereto as Exhibit "I" and incorporated herein by this reference. q. EXACTION. "Exaction" shall mean any and all exactions; fair share contributions, impact or in-lieu fees or payments; dedication or reservation requirements; obligations for on-or off-site improvements or construction requirements for public facilities or infrastructure; or services called for in connection with the development or construction of the Project pursuant to the Land Use Regulations and Approvals. r. GOVERNMENTAL ENTITY OR AGENCY. "Governmental entity or agency" shall mean and include, without limitation, the legislative, administrative and executive branches of the local, statc and federal governments. s. HCC. "HCC" shall mean Hawaii County Code, as amended. 6 t. HRS. "HRS" shall mean Hawaii Revised Statutes,as amended. u. IMPACT FEE ORDINANCE. "Impact Fee Ordinance" shall mean a Unified Impact Fees Ordinance or similar ordinance setting forth criteria for the imposition of the exactions or the assessment of impact fees. v. LAND USE REGULATIONS. "Land Use Regulations" shall mean any and all State and County laws, ordinances, resolutions, rules and policies governing the permitted uses of the Property, including, without limitation, uses, density, design, height,size and building specifications of proposed buildings; construction standards and specifications for roads and utilities, roadway improvements; affordable housing; community benefit assessments; water utilization and all exaction requirements applicable to the development of the Property; made applicable and in force as of the date of this Agreement. w. LAND OWNER. "Land Owner" shall mean the equitable or legal holder of interest in real property or the lessee holding under a recorded lease. x. LAWS. "Laws" shall mean the laws of the State, the Constitution of the United States, the Constitution of the State,any federal, state or local codes, statutes,or executive mandates in any court decision, ordinances,or charter provisions or administrative rules and regulations of any applicable governmental entity or agency. y. LENDER. "Lender" shall mean any financial institution or entity providing funds for the Project, including but not limited to banks, savings and loans, investors and partners. z. MAYOR. "Mayor" shall mean the Mayor of the COUNTY. aa. OFFICE OF THE MAYOR. "Office of the Mayor" shall mean the Mayor of the COUNTY and the managing director. ab. OCEANSIDE. "OCEANSIDE" shall mean 1250 OCEANSIDE PARTNERS, a Hawaii limited partnership, dba OCEANSIDE 1250, whose principal place of business and mailing address is 74-5620A Palani Road, Suite 200, Kailua-Kona, Hawaii 96740, its successors and assigns. ac. PERSON. "Person" shall mean any individual, group, partnership, firm, association, corporation, trust,governmental official, administrative body,tribunal or any form of business or legal entity. ad. PLANNING COMMISSION. "Planning Commission" shall mean the Planning Commission of the COUNTY. ac. PLANNING DEPARTMENT. "Planning Department" shall mean the Planning Department of the COUNTY. 7 af. PROJECT. "Project" shall mean that agricultural lot community and its various components,also including but not limited to the lodge,golf course,golf clubhouse, and the coastline park, and more fully described and shown in Exhibit "J" attached hereto and incorporated herein by reference. Project shall not include the Bypass Highway. ag. PROPERTY. "Property" shall mean any and all conservation lands and areas which are the lands under the Change of Zone Approvals: (1) accepted by the County Council on June 15, 1994 as Bill 182, Draft 6, signed into law by the Mayor on June 28, 1994 as Ordinance No.94-73 attached hereto as Exhibit "S", and amended and superseded by Bill 181, Draft 6, accepted by the County Council on January 3, 1996, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-8 attached hereto as Exhibit "B"; and(2)accepted by the County Council on January 3, 1996 as Bill 158, Draft 5, and signed into law by the Mayor on January 15, 1996 as Ordinance No. 96-7 attached hereto as Exhibit "C"; that is, those lands which include the 711.2 acres of land (more or less) located on and in the Island and County of Hawaii, identified as Tax Map Key No. 7-9-12: 03, and the 580.63 acres of land (more or less) located on and in the Island and County of Hawaii and identified as Tax Map Key No. 8-1-04: 03 (portion), both of which OCEANSIDE owns in fee simple; and 260.8 acres of land (more or less) located on and in the Island and County of Hawaii, identified as Tax Map Key Nos. 7-9-12: 04 and 7-9-12: 11, and more fully described and shown in Exhibit "K" attached hereto and incorporated herein by this reference, which OCEANSIDE leases from Ackerman Ranch under the development lease dated July 28, 1989, a short form of which is attached hereto as Exhibit "L", and incorporated herein by this reference. ah. PUBLIC ACCESS PLAN. "Public Access Plan", also known as the "Public Shoreline Access Plan", shall mean that plan,developed in consultation with community groups and submitted to and to be approved by the Director, as required by the COUNTY pursuant to Condition 8 of SMA Permit No. 345, Condition H of Ordinance No.96-8, and Condition K of Ordinance No.96-7, and subject to the terms and conditions as set forth in this Agreement. ai. PUBLIC HEARING. "Public Hearing" shall mean the public hearing held for purposes of receiving public comments regarding the draft of this Agreement as required pursuant to Rule I-6(d)of the Development Agreement Rules. aj. RIGHT-OF-WAY. "Right-of-Way" shall mean the route required for construction of the Bypass Highway. ak. SEGMENT(s). "Segment(s)" shall mean that portion of Right(s)-of-Way falling within a parcel or parcels of land owned by Seller(s). 8 al. SMALL-LOT SUBDIVISION. "Small-lot Subdivision"shall mean the subdivision by OCEANSIDE of the Property into lots less than twenty(20) acres in size. am. STATE. "State" shall mean the State of Hawaii. an. TERM. "Term" shall mean the term of this Agreement as determined in Paragraph (3), herein. ao. UNIT OF CREDIT. "Unit of Credit" shall mean the present value of past or future payments or contributions, including, but not limited to the dedication of land or construction of roadway improvements toward the cost of existing or future public facility capital improvements being issued in lieu of payment for Segment(s)of the Right-of-Way. One(1)Unit of Credit shall be issued for each$3,101.68 value of land contributed toward the Bypass Highway. The value of the unit of credit shall be equivalent to the amount of roadway fair share contribution or road impact fee required to be paid for each dwelling or lodge unit at the time of redemption. The recipient of a Unit of Credit may redeem the Unit of Credit toward any roadway fair share contribution or toward any roadway impact fee should the COUNTY adopt such an impact fee ordinance. ap. ZONING CODE. "Zoning Code" shall mean HCC chapter 25 as it exists as of the date of this Agreement. aq. OTHER DEFINITIONS. Unless otherwise provided herein, other words and terms shall have the meaning set forth in the Zoning Code. To the extent that the definitions in the Zoning Code conflict with the definitions contained in this Agreement, the definitions in this Agreement shall be controlling. 3. EFFECTIVE DATE; TERM. The Term of this Agreement shall commence on the effective A gri l I s-4- , 2.02.2' date of the Enacting Resolution and shall terminate on JMONTH,DAY,YEARL [30 years from date of Enacting Resolution] unless sooner terminated: a. By agreement of the parties to this Agreement that the parties have satisfied all of the terms and conditions of this Agreement, as further evidenced by a resolution of the County Council pursuant to Paragraph(50), herein; provided that, OCEANSIDE has been reimbursed for the construction costs it incurred for the Bypass Highway pursuant to Paragraph(15); b. As a result of a material breach of OCEANSIDE pursuant to Paragraph(25), herein; or c. By cancellation of this Agreement pursuant to Paragraph (27), herein; or unless subsequently extended by mutual agreement of the COUNTY and OCEANSIDE; or d. By reimbursement of construction costs for the Bypass Highway paid to OCEANSIDE pursuant to Paragraph(15), herein; provided,however,that the parties to this Agreement have 9 agreed that both parties have satisfied all of the terms and conditions of this Agreement as further evidenced by a resolution of the County Council pursuant to Paragraph (48), herein. 4. AFFECTED LAND. The Property that is the land subject to this Agreement and the Right-of-Way for the Bypass Highway. 5. PERMITTED USES OF THE PROPERTY. Permitted uses of the Property shall be all uses permitted under the Land Use Regulations and Approvals, including, without limitation, the permitted uses in Chapter 205, HRS, the Zoning Code section 25-5-72, and all supplemental uses allowed under Zoning Code sections 25-4-1 through 25-4-14. 6. DENSITY OF USE. With the exception of that use described under Zoning Code section 25-4-9,one(I)dwelling unit per building site is permitted on the Property pursuant to Zoning Code section 25-5-72(a)(9). 7. MAXIMUM HEIGHT OF PROPOSED BUILDINGS. The height of the buildings proposed for the Property shall be limited to the maximum height restrictions contained in the Zoning Code. 8. MAXIMUM SIZE OF PROPOSED BUILDINGS. The size of buildings proposed for the Property shall be limited to the maximum size restrictions, if any, contained in the Zoning Code. 9. BENEFITS. The COUNTY acknowledges that OCEANSIDE is providing the benefits to the County and/or the Community. 10. ACQUISITION AND DEDICATION OF LAND FOR BYPASS HIGHWAY. a. The Bypass Highway has been determined by the COUNTY as providing a regional public purpose and will therefore benefit the COUNTY. OCEANSIDE shall be deemed to have satisfied the requirements of Condition M(2)of Ordinance 96-7 and Condition L(2)of Ordinance 96-8, if and when it has:(i) acquired all Segments of Right-of-way,or(ii)acquired one or more Segment(s)of Right-of-Way and the remaining Segments have been requested by OCEANSIDE for the COUNTY to condemn. b. OCEANSIDE shall attempt to negotiate a purchase price with any and all Persons. Should OCEANSIDE and any Person be unable to negotiate a mutually agreeable purchase price, then OCEANSIDE shall provide to the Person a list containing no less than three(3) and no more than five (5) qualified Appraisers to appraise the value of the Person's Segment(s)of the Right-of-Way. From the list of Appraisers, the Person shall select one(1) Appraiser to assess the value of the Segment(s). OCEANSIDE may offer to purchase the fee simple interest in the Segment(s) from the Person for a price at or near the appraisal value as determined by the Appraiser. Should OCEANSIDE and the Person be unable to select an Appraiser or if the Person and OCEANSIDE cannot decide on a price recommended by mutually selected Appraiser,then upon written request to the Mayor,the COUNTY shall be required to use its condemnation powers to acquire the Segment(s)from the Person pursuant to Paragraph(I I). 10 c. Notwithstanding Paragraph(10.b), if the Person fails to participate in negotiations with OCEANSIDE for the purchase of Segment(s) of the Right-of-Way from the Person despite OCEANSIDE's good faith attempts to negotiate, then OCEANSIDE may, in its sole discretion, submit a letter to the Mayor to have the COUNTY utilize its condemnation powers. Upon receipt of the written request, the COUNTY shall be required to use its condemnation powers to acquire the Segment(s)from the Person pursuant to Paragraph (11). I I. CONDEMNATION OF LAND FOR BYPASS HIGHWAY. Should the Person fail to participate in negotiations with OCEANSIDE over the purchase of Segment(s)of the Right-of-Way from the Person, or should OCEANSIDE and the Person be unable to agree, during their negotiations,to the purchase of the Segment(s) because of their failure to agree upon an Appraiser or on the purchase price of the Segment(s) or on the terms of the purchase, the condemnation powers of the COUNTY shall be required for the acquisition of the Segment(s). a. Upon OCEANSIDE's tender of a requirement of condemnation by letter to the COUNTY, the COUNTY shall within thirty(30) days begin to immediately and expeditiously exercise the same pursuant to HRS Chapter 101. OCEANSIDE's tender of such requirement of condemnation to the COUNTY shall constitute a"formal initiation of condemnation action" as the term is used in Condition L(2) of Ordinance 96-8 and Condition M(2) of Ordinance 96-7 and shall relieve OCEANSIDE of all further liability or obligation to purchase Segment(s)of the Right-of-Way directly from such Person. b. The COUNTY shall submit to OCEANSIDE a written request for payment of any and all reasonable costs and expenses incurred by the COUNTY for the acquisition of the condemned land in conjunction with the COUNTY'S exercise of its condemnation powers when OCEANSIDE has determined in its sole and absolute discretion that there is a need for possession or in the event that a Court orders payment for the acquired land. Within forty-five (45) days of written notice from the COUNTY, OCEANSIDE shall reimburse the COUNTY for any and all reasonable costs and expenses incurred by the COUNTY for the acquisition of the condemned land in conjunction with the COUNTY's exercise of its condemnation powers. OCEANSIDE shall not be responsible to reimburse the COUNTY for any and all costs relating to the salary of County personnel and administration and overhead, including but not limited to independent contractors and legal counsel, and any interest payments incurred by COUNTY as a result of COUNTY's failure to pay compensation to the Person within thirty (30) days of final judgment in the condemnation action. The written notice described herein from the COUNTY to OCEANSIDE shall contain a detailed verifiable accounting of any and all such costs and expenses. c. Should a dispute arise over the amount of monies owed by OCEANSIDE to the COUNTY,then both parties agree to first pursue settlement of the dispute by arbitration pursuant to HRS 11 Chapter 658. OCEANSIDE shall submit to the COUNTY a list of arbitrators to hear the dispute. The COUNTY has ten(10)calendar days to select one(1)arbitrator from OCEANSIDE's list. If the COUNTY fails to select an arbitrator, then OCEANSIDE may select an arbitrator to hear the dispute. I2. DONATION OF RIGHT-OF-WAY. Notwithstanding anything herein to the contrary, should a Person donate the Segment(s) of the Right-of-Way to OCEANSIDE for no consideration, the COUNTY shall: a. Grant the Person who contributes their land towards the Bypass Highway units of credit which may be used by the Person to off-set future roadway fair share assessment or impact fee requirements. Each unit of credit shall off-set the roadway fair share assessment or impact fee requirement for one(1)dwelling or lodge unit. The amount of credits shall be the total value of the Segment(s)for Right- of-Way divided by the per lot fair share assessment or impact fee requirement to mitigate road impacts for each$3,101.68 value of land contributed. The total value of the Segment(s)for Right-of-Way shall be based on the appraised value of the Segment(s) at the time the Person dedicates and/or donates the Segment(s)to OCEANSIDE as determined by the Appraiser selected using the procedures outlined in subparagraph(10.b). b. The COUNTY shall grant a density credit to Persons whose lands are donated for the Segment(s) of the Right-of-Way. The density credit is equal to the area of land that is utilized. The density credit shall be added to the Person's remaining property at the time the Person obtains land use approvals from the COUNTY. The density credit allows the Person to develop the total number of units that would be permitted under the applicable zoning at the time the Person obtains land use approvals as if the Person had not contributed land for the Right-of-Way c. The COUNTY shall impose no additional fair share assessments or any impact fee ordinance requirements relating to Regional highway Impacts on Persons whose lands have been donated to the County or sold for the Right-of-Way and who develop their lands in conformance with existing zoning. 13. CONSTRUCTION OF THE BYPASS HIGHWAY. The Bypass Highway shall consist of two(2) lanes with sufficient Right-of-Way for a total of four(4) lanes. The Bypass Highway shall be constructed to standards set forth by the Department of Public Works with such modifications as may be deemed necessary by the Department of Public Works;provided,however,that the expansion of the Bypass Highway from two(2)to four(4) lanes shall not be the responsibility of OCEANSIDE. a. OCEANSIDE shall obtain final approval from the County Department of Public Works for any and all necessary construction plans for the Bypass Highway. OCEANSIDE shall construct the Bypass Highway to the standards set forth in Exhibit "M" by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the County Department of Public Works and by OCEANSIDE. As required by the chief engineer of the County Department of Public Works, 12 OCEANSIDE shall provide a landscape buffer along highway sections where the highway is within five hundred (500) feet of dwellings existing as of January 1, 1998. b. Prior to the issuance of the first final Small-lot Subdivision approval for any portion of the Property, OCEANSIDE shall: (I) Post a bond in favor of the COUNTY to assure that the infrastructure improvements for the Bypass Highway and for the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection will be constructed; (2) Determine the final Right-of-Way for the alignment of the entire Bypass Highway, including the intersection areas. OCEANSIDE shall provide the Director with a metes and bounds description of each Segment of the Right-of-Way involved and evidence of ownership or control as deemed necessary by the Director. In lieu of OCEANSIDE obtaining or acquiring ownership or control of any segment of the Bypass Highway, the requirement shall be deemed fulfilled upon the COUNTY's formal initiation of condemnation action(s) pursuant to Paragraph (11) for such Segments. The COUNTY shall issue a letter attached as Exhibit "N"that acknowledges OCEANSIDE's satisfaction of the requirement to obtain or acquire ownership or control of the Right-of-Way for the entire length of the Bypass Highway, including those portions that the County has initiated condemnation proceedings and/or has ownership or control over, which removes the requirement from OCEANSIDE. (3) Provide a bond for relevant phases of the extension of Haleki'i Street, through the subject property as generally reflected in Exhibit"O", which phasing of improvements shall be approved by the COUNTY Department of Public Works. c. Prior to occupancy of any dwelling unit within the Property or prior to the issuance of an occupancy permit for the lodge, whichever occurs first,OCEANSIDE shall: (1) Complete construction of the roadway section from Keauhou to the makai extension of Haleki'i Street; and (2) Install a barricade or breakaway gate meeting with the requirements of the COUNTY Department of Public Works if,before the completion and opening of the entire Bypass Highway, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki'i Street; d. In any event from the time construction commences, the entire Bypass Highway shall be completed within five(5)years provided that those certain circumstances as articulated in Paragraph (39)do not exist. 14. DEDICATION OF BYPASS HIGHWAY. The Bypass Highway shall be dedicated to the COUNTY in phases, if any,upon completion and the COUNTY shall accept said dedication within sixty(60) calendar days; provided that the Bypass Highway,as constructed,complies with plans and specifications for 13 said highway as approved by the County. Following dedication of the Bypass Highway to the COUNTY, the COUNTY shall assume all responsibility and costs for operation,maintenance, repair or reconstruction of the Bypass Highway. 15. REIMBURSEMENT OF CONSTRUCTION COSTS FOR THE BYPASS HIGHWAY. a. Responsibility of Developer. OCEANSIDE shall be responsible for all costs associated with the design, land acquisition, construction of the Bypass Highway, including, without limitation, the costs associated with obtaining any necessary Approvals associated with the same ("Total Cost"); provided that, nothing herein shall be construed as preventing OCEANSIDE from seeking reimbursement for such costs and the total amount of reimbursement received by OCEANSIDE shall not exceed the difference between the Total Cost of the Bypass Highway and the "Project Impact Cost", as described in further detail in Paragraph(15.a.1). (1) Based on a development constituting seven hundred thirty(730) lots and eighty(80) lodge units("Project Unit Count"),the Project constitutes approximately thirty-eight(38) percent of the total capacity of the Bypass Highway based upon a Level of Service "D" ("Project Impact"). Should OCEANSIDE develop less or more than the Project Unit Count,then the percentage of traffic attributable to the Project shall be adjusted accordingly. The Total Cost of the Bypass Highway multiplied by the Project Impact shall determine the Project Impact Cost. For example, if the Total Cost of the Bypass Highway is $1.0 million and the Project Impact is thirty-eight(38%) percent, the Project Impact Cost is $380,000.00. In such a case,OCEANSIDE shall then be eligible to receive no more than$620,000 of reimbursement($1.0 million minus $380,000). (2) The remaining balance of the Total Cost of the Bypass Highway after deducting OCEANSIDE's and Kealakekua Development Corporation's share shall be reimbursed to OCEANSIDE with funds from income sources identified in Paragraph (15.c.1) for costs incurred by OCEANSIDE in the land acquisition, design, planning, construction, development and approval of the Bypass Highway. b. Adoption of a Impact Fee Ordinance. Should the County Council adopt a Impact Fee Ordinance,OCEANSIDE shall receive one(1)unit of credit for every$3,101.68 it has spent toward the construction of the Bypass Highway and the Haleki'i Street intersection improvements. The credits may be applied toward the requirements of an Impact Fee Ordinance. c. Funds for Reimbursement. During the course of this Agreement, if the COUNTY approves new rezonings in the vicinity of Mamalahoa Highway,then the COUNTY shall assess those new developments a "Fair Share" contribution in accordance with Council policy, or similar fee, to address the regional impacts of their development on road facilities. In the event that the COUNTY collects funds for 14 such "Fair Share" contributions, or similar fees, as may be allowed by the rezoning ordinances, and as identified in Paragraphs(15.c.I. and 15.c.2. herein) from developers and landowners whom the County has determined as benefitting from the Bypass Highway,the COUNTY shall reimburse OCEANSIDE from such funds as they are collected. (1) Funds to reimburse OCEANSIDE shall be from, but not limited to, the following sources: (a) "Fair Share" contributions paid to the COUNTY to address potential regional impacts of their development on road facilities; (b) Upon the adoption of a Impact Fee Ordinance that assesses or imposes an impact fee either for the COUNTY as a whole or for the region extending from Keauhou to Milolii, that portion of the impact fee necessary to address potential regional impacts on road facilities; (c) Any other monetary contribution paid to the COUNTY from developers or land owners, whom the COUNTY determines as benefiting from the Bypass Highway, to address potential regional impacts of such developer's or land owner's development on road facilities; (2) In addition to the reimbursement funds identified in Paragraph (15.c.1), OCEANSIDE shall be entitled to "Fair Share" contributions in the amount of$3.6 million, as may be adjusted from time to time,paid to the COUNTY by Kealakekua Development Corporation or its successors to address potential regional impacts of Kealakekua Development Corporation's project, less $1.3 million representing contributions toward Mamalahoa Highway Improvements and improvements to Greenwell Park as required by Conditions K and N(2), respectively, of Ordinance 95-70,as may be amended. (3) Should the COUNTY Council adopt an Impact Fee Ordinance, developers and land owners whom the COUNTY determined as benefitting from the Bypass Highway shall receive Highway Credits to be applied toward the requirements of a Impact Fee Ordinance. (4) As long as the COUNTY shall assess those new rezonings in the vicinity of Mamalahoa Highway a fair share contribution in accordance with Council policy,or if adopted,an impact fee,to address the regional impacts of their developments on road facilities, OCEANSIDE acknowledges and understands that should any funds or options identified in the preceding sections 15.b and c. fail to materialize or fail to meet the remainder of the total cost of the Bypass Highway,the COUNTY shall not be held responsible for any reimbursements. d. "Benefit" to Other Developments. The COUNTY finds that certain geographic portions of Mamalahoa Highway are currently congested and that any new development is severely restricted because of traffic considerations. Developments within the geographic region extending from Keauhou to the north and to Milolii to the south will benefit in varying degrees from the construction of the Bypass 15 Highway. This benefit is based on the congestion relief provided by the Bypass Highway to Mamalahoa Highway/Kuakini Highway as well as by providing direct access to the land along the Bypass Highway corridor. Accordingly, the amount of the"benefit"of the bypass Highway will vary by geographic region. (1) Amount of Reimbursement to OCEANSIDE. The amount of the COUNTY's reimbursement to OCEANSIDE shall be based on a percentage of those income sources identified in subparagraph(15.c)which are collected or assessed by the COUNTY from other developers and land owners whom the COUNTY has determined as benefitting from the Bypass Highway. The percentage paid shall be in accordance with the geographic areas as described below, and as more particularly shown on Exhibit"P". Area Description Percentage 1. Keauhou 25%* 2. Honalo-Captain Cook- Existing Mamalahoa Hwy Corridor 80% 3. Honalo-Captain Cook- Mauka Area I00% 4. Honalo-Captain Cook- Makai Area 100% 5. Captain Cook to Milolii 65% *In recognition of the existing Keauhou road and traffic improvements, any "Fair Share" contribution, impact fee or similar fee assessed on new rezonings by the County Council in the Keauhou Area may be satisfied in the form of cash, land and/or facilities, or any combination thereof acceptable to the director. (2) Collection of Funds. Any Reimbursement Funds received by COUNTY shall be held in trust for OCEANSIDE and promptly remitted to OCEANSIDE by the COUNTY no later than ninety(90)days following the COUNTY's receipt of such remittance. e. Private Agreements. The provisions of this Paragraph shall not preclude OCEANSIDE from entering into private agreements with the State and/or such other developers or landowners to allocate the payment of Reimbursement Funds related to the Bypass Highway directly to OCEANSIDE. OCEANSIDE shall submit receipts of such payments to the COUNTY. f. Reimbursement Agreement. The provisions for reimbursement contained in this Agreement shall constitute an agreement for reimbursement between COUNTY and OCEANSIDE, which agreement shall satisfy the mandates of Condition L of Ordinance 96-8,and Condition M of Ordinance 96-7. 16. ROADWAY STUB-OUTS. OCEANSIDE shall provide roadway stub-outs,generally shown in Exhibit "Q", to provide future connections between the Property and its adjacent north and south boundaries. Such roadway stub-outs shall be constructed in phases and in conjunction with the completion of subdivision improvements on adjacent Property. 16 17. PUBLIC ACCESS PLAN. OCEANSIDE shall develop, in consultation with community groups, a final comprehensive Public Access Plan. The Public Access Plan shall be submitted to and approved by the Director prior to final subdivision approval of the first small-lot subdivision. a. The final comprehensive Public Access Plan shall be developed in consultation with the Director and the Hawaii State Department of Land and Natural Resources ("DLNR")and shall include mauka-makai and lateral shoreline accesses, parking area(s), signage,emergency response considerations, restrictions on use (if any), provision of recreational and restroom facilities at appropriate locations, and related improvements. b. In accordance with Ordinance 96-7 and 96-8, the Public Access Plan shall also integrate at the trail heads, shoreline access parks and the historical park, any public accessway(s) to the interpretive trail system(s)and to the historical and archaeological sites. Such a Public Access Plan shall be approved by the Director, in consultation with the DLNR. In developing the Public Access Plan, OCEANSIDE should attempt to protect both land and ocean resources and natural conditions, as reasonably practicable. 18. COASTLINE PARK. OCEANSIDE shall develop the portion of its lands in the Property located in the Conservation District for use as a Coastline Park for the benefit of the public pursuant to the Approvals. a. Construction and Development of the Coastline Park. OCEANSIDE shall be responsible for any and all costs associated with the design, operation and maintenance, construction and development of the Coastline Park, including, without limitation, the costs associated with obtaining any necessary Approvals associated with the same. Notwithstanding the foregoing, OCEANSIDE may transfer it obligations, in whole or in part, under this paragraph to the Project's "Homeowner Association"or other similar entity formed for the purpose of serving as the governing body for all the members and owners of the Project for the protection, improvement,alteration,maintenance, repair,replacement,administration and operation of the common areas, for the assessment of expenses, for the payment of losses, and for other matters as may be provided for in the Project's Declaration, the Homeowner Association's Articles of Incorporation,the Homeowner Association's By-laws,or the Project's Design Guidelines, The Declaration shall contain language providing for the perpetuity of the Coastline Park and its availability to the public for use in accordance with certain rules and guidelines that will be established in the public access plan as required under SMA Permit No. 345 to be submitted by OCEANSIDE to the Director for approval. Additionally, if requested by OCEANSIDE or the Homeowner Association,and if approved by the COUNTY, which approval shall not be unreasonably withheld, said Developer or the Homeowner 17 Association may assign its responsibilities, in whole or in part, under this paragraph to a foundation or other entity to assume the duties and obligations stated herein. b. The construction and development of the Coastline Park shall be completed in phases roughly proportional to the phases of the Project's development as may be approved by the Director pursuant to the Approvals and shall be subject to the obtaining of all necessary discretionary permits (e.g. Conservation District Use Approval, Special Management Area Use Permit, etc.). (1) An area comprising twenty five percent(25%)of the total Coastline Park as shown on Exhibit "R"attached hereto and incorporated herein by this reference, shall be developed and improved by OCEANSIDE in phases within five (5) years from the date final Small-lot Subdivision Approval is obtained on any portion of the Property. (2) The first phase of the Coastline Park shall be opened to the public within thirty(30)days following the opening of the golf course. (3) In accordance with Ordinance 96-7 and 96-8, upon opening the first phase of the park area, OCEANSIDE shall provide: (a) a minimum of twenty-five(25)public parking stalls,with separate parking stalls for residents and their guests, and separate parking stalls for the Coastline Park's employees. As may be imposed in permits necessary to complete the Coastline Park's improvements,the parking stalls shall, at OCEANSIDE's discretion,either be within the Coastline Park and/or within OCEANSIDE's adjacent lands. The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; (b) signage and provisions for public access for night fishing and marine food gathering purposes subject to restrictions which limit said uses to non-commercial and recreation uses only; and (c) other restrictions which provide for the health and safety of the public. c. In accordance with SMA Permit No. 345, upon the approval of the final comprehensive public access plan, draft covenants which detail the rights,obligations and privileges of the public,the County of Hawaii and OCEANSIDE, its successors or assigns shall be submitted to the Director for approval. The approved covenants shall be recorded in the manner required pursuant to SMA Permit No. 345. d. Prior to receiving final approval of the first Small-lot Subdivision, OCEANSIDE shall convey to COUNTY a perpetual easement for public access over and recreational use of the Coastline Park area pursuant to such restrictions as may be established by OCEANSIDE with the approval of the 18 Director,to promote public health and safety and the general security of the Coastline Park for residents and guests of the Project, to protect the area's natural condition, and to minimize any liability to OCEANSIDE, pursuant to HRS Chapter 520. e. OCEANSIDE's fee simple interest in the land area of the Coastline Park shall be retained by OCEANSIDE, who shall own and manage the Coastline Park; provided that OCEANSIDE, in its sole discretion, may transfer management responsibilities for the Coastline Park to any homeowners' association or other entity which may be formed for the Project subject to the aforementioned covenants. I9. GUEST HOUSES. Nothing herein shall be construed as prohibiting the construction of"guest houses"within the Project as the term is defined in Zoning Code section 25-1-5(55),as allowed under Zoning Code section 25-4-9,and pursuant to Chapter 205-6, HRS. 20. GENERAL DEVELOPMENT OF THE PROJECT. OCEANSIDE shall have the right to develop the Project, the Bypass Highway and the Coastline Park in accordance with the terms and conditions of this Agreement and the Approvals, and the parties shall have the right to enforce the provisions of this Agreement. The parties hereto acknowledge that this Agreement is intended to implement the intent of the parties and that OCEANSIDE shall have the right to develop the Project, the Bypass Highway and the Coastline Park pursuant to the Land Use Regulations and Approvals, subject to its adherence to and performance of all terms and conditions of this Agreement. In the event that a question arises regarding OCEANSIDE's and the COUNTY's responsibilities or their intent, the parties shall look toward this Agreement to clarify such issues. 21. SUBSEQUENT CHANGES IN LAND USE REGULATIONS. Any subsequent change in any applicable law adopted by the COUNTY or any other governmental entity or agency party to this Agreement, which alters or amends the Land Use Regulations, including, without limitation, any moratoriums, shall be void as applied to the Property; provided that this Paragraph shall not prevent the COUNTY or any other governmental entity or agency party to this Agreement from requiring OCEANSIDE to comply with laws, ordinances, resolutions, rules and policies of general applicability and not specific to OCEANSIDE enacted subsequent to the date of this Agreement, if, under prior law, such laws, ordinances, resolutions, rules and policies could have been lawfully applied to the Property or any uses thereof as of the date of this Agreement if the COUNTY or any other governmental entity or agency party to this Agreement finds it necessary to impose the requirements because a failure to do so would place the residents of the Project or the immediate community in a condition perilous to the residents' health or safety, or both. 22. NECESSARY COUNTY APPROVALS. a. With regard to any applications to the COUNTY by OCEANSIDE for any and all appropriate COUNTY Approvals required for the construction or development of the Project, the Bypass 19 Highway and the Coastline Park, the COUNTY shall process such applications under the Land Use Regulations and issue to OCEANSIDE all such approvals; provided that such applications are consistent with and conform to the standards,terms and conditions of this Agreement and the Land Use Regulations; and provided further,that the COUNTY shall not impose on OCEANSIDE any further Exactions or requirements other than those already existing as of the date of the Enacting Resolution under the Approvals. b. The COUNTY shall accept and process expeditiously any application(s)submitted under this Paragraph or otherwise required under the terms of this Agreement within such time frames as specified within the Land Use Regulations; provided, however, that if the Land Use Regulations do not contain a specific time frame for processing such application(s),the application(s)shall be processed within a reasonable amount of time from the date of receipt of a complete application(s) by the COUNTY; and provided further that if, for any reason,the application(s)as submitted by OCEANSIDE is/are not complete, the COUNTY shall promptly request from OCEANSIDE any information or materials necessary to complete the application(s). 23. CONFORMANCE WITH THE COUNTY GENERAL PLAN AND COMMUNITY DEVELOPMENT PLANS. By virtue of the County Council's approval of the Enacting Resolution, the County Council finds that as of the date of this Agreement, this Agreement is consistent with the COUNTY's General Plan as amended,and any applicable community development plans adopted by the County Council and in effect as of the date of this Agreement; provided, however, that in the event of any inconsistency between the County General Plan and any applicable community development plan by ordinance, the County General Plan shall prevail. 24. ANNUAL REVIEW. On or before January 14th of each and every year following the execution of this Agreement,OCEANSIDE shall submit an annual report of its compliance with the terms and conditions of this Agreement to the Planning Department,or such agency as the COUNTY designates in writing to OCEANSIDE; provided further,that the Planning Department or such designated agency shall review such report for adequacy and accuracy and shall forward a copy of the annual report together with its findings and any other comments to the Mayor,County Council,OCEANSIDE and any other parties to this Agreement within sixty(60)days. 25. MATERIAL BREACH BY OCEANSIDE. a. Within thirty (30)days after the Planning Department or the Office of the Mayor determines on the basis of the periodic report that OCEANSIDE has committed a material breach of the terms or conditions of this Agreement,the Planning Department or the Office of the Mayor,as applicable, shall inform OCEANSIDE in writing of the same, setting forth with reasonable particularity the nature of 20 the breach and any and all evidence supporting the finding and determination; provided, however, that OCEANSIDE shall be given a reasonable time period in which to cure any such material breach. b. OCEANSIDE shall have one hundred eighty(180)days to cure the material breach. If OCEANSIDE fails to cure the material breach within that time,the COUNTY may terminate or modify the terms of this Agreement in accordance with HCC section 30-6; provided, however,that the Office of the Mayor shall have first given the OCEANSIDE the opportunity: (1) To rebut the finding and determination by the Office of the Mayor of the existence of the material breach;or (2) To consent to amend this Agreement according to such terms as the Office of the Mayor may elect to propose in order to cure the material breach; provided, however, that such amendments must be accepted and approved by the County Council pursuant to Paragraph(27), herein. c. Upon the mutual agreement of the parties to the Agreement, this Agreement may be terminated by County Council resolution if: (I) OCEANSIDE does not agree to such amendments proposed by the Office of the Mayor or as subsequently modified by the County Council pursuant to Paragraph (27), herein; or (2) The County Council reasonably rejects the amendments proposed by the Office of the Mayor and the County Council states its reasons, in writing, for rejecting the proposed amendments. d. Should the County Council terminate this Agreement, OCEANSIDE will have the right to appeal such a decision to a court of law, in which case the standard of review shall be whether the County Council acted reasonably in its termination of this Agreement. The termination of this Agreement pursuant to this Paragraph shall not preclude any rights or remedies that would have existed had this Agreement not been entered into. 26. EXTENSION OF TIME. a. Pursuant to Ordinances 96-7,96-8 and 97-36,upon written request of OCEANSIDE to the Director, any dates of commencement or completion for the Bypass Highway or the Coastline Park may be extended by the Director at OCEANSIDE's request. b. Notwithstanding any extension limitations set forth herein,upon written request by either party for an extension of time in which to complete its obligations hereunder which request is made due to a delay in the performance of any of the obligations of either party, a reasonable extension of the commencement,completion,or termination dates shall be granted by the other party for the performance of the terms of this Agreement; provided, however, that the delay in performance must be due to an unforeseeable cause or causes beyond the control and without the fault or negligence of either party, 21 including, without limitation, acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes or walkouts, freight embargoes, or unusually severe weather. c. Nothing in this Agreement shall be construed to preclude the parties hereto from further extending any commencement, completion or termination date hereunder by mutual agreement, or from entering into subsequent agreements subject to the approval of the County Council. 27. AMENDMENT OR CANCELLATION OF AGREEMENT. This Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to this Agreement, or their successors in interest,as further evidenced by County Council resolution; provided that if the County Council determines that the proposed amendment would substantially alter the original terms of this Agreement, a public hearing on the amendment shall be held by the County Council before it consents to the proposed amendment. Non-substantive or technical amendments which affect only procedural requirements under this Agreement or do not materially alter the original terms of this Agreement shall only require the approval of the Office of the Mayor,without action by the County Council;and provided further that cancellation of this Agreement pursuant to this Paragraph shall not preclude any rights or remedies that would have existed had this Agreement not been entered into. 28. DISCRETION TO ENCUMBER. This Agreement shall not prevent or limit OCEANSIDE, in any manner and at OCEANSIDE's sole discretion, from encumbering all or any portion of the Property,or any improvement on the Property by any mortgage,deed of trust,or other security device securing financing with respect to the Property or any improvements located thereon. 29. OBLIGATION TO MODIFY. The COUNTY acknowledges that any Lenders providing financing under Paragraph (28), herein, may require certain modifications to this Agreement, and the COUNTY agrees, upon request from time to time,to meet with OCEANSIDE and/or representatives of such lenders to negotiate in good faith any such requirement for modification. The COUNTY shall not unreasonably withhold its consent to any such requested modification,and any such modifications shall be subject to the provisions of Paragraph (27), herein. 30. ENTITLEMENT TO WRITTEN NOTICE OF DEFAULT. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering all or any portion of the Property and their successors and assigns shall, upon written request to the COUNTY,be entitled to receive from the COUNTY written notification of any default by OCEANSIDE of the performance of OCEANSIDE's obligations under this Agreement which has not been cured within such time period as set forth in Paragraph (25), herein. 31. COOPERATION. The COUNTY shall not impede OCEANSIDE in carrying out the transactions contemplated herein and in obtaining all required approvals, authorizations, and clearances. Furthermore, the COUNTY shall cooperate with OCEANSIDE in executing and delivering in recordable 22 form all documents, instruments, or copies thereof; in providing non-financial and/or non-proprietary information deemed reasonably necessary or useful by the other party or parties; in delivering prompt payment of any monies required to be paid to the other party or parties under this Agreement; and to process, in a timely manner, any and all construction, permit or other applications relating to the Project, the Bypass Highway or the Coastline Park. With regard to any application(s)submitted by OCEANSIDE to any other governmental or quasi-governmental agency having jurisdiction over the Project, the Bypass Highway or the Coastline Park for any and all appropriate Approvals required for the construction or development of the Project, the Bypass Highway, or the Coastline Park the COUNTY shall not impede OCEANSIDE in obtaining such Approvals. 32. ASSIGNMENT. OCEANSIDE shall have the right to sell, assign or transfer, in whole or in part, this Agreement, and all of its rights, duties and obligations hereunder, to any entity, subsidiary, or partner of OCEANSIDE at any time during the term of this Agreement upon written notice to the Director. Such a transfer shall be considered a non-substantive or technical amendment that does not alter the material terms of this Agreement and which does not require action by the County Council, nor the approval of the Office of the Mayor. 33. ENFORCEMENT. Unless terminated pursuant to Paragraph (25) or canceled pursuant to Paragraph (27) herein, this Agreement, as amended or modified, shall be enforceable by any party hereto, or its successors in interest or assigns, notwithstanding any change in any applicable law, which alters or amends the Land Use Regulations or Approvals, the Development Agreement Statute, the Development Agreement Code,or the Development Agreement Rules,that is adopted by the COUNTY or any other party to this Agreement after the date of the Enacting Resolution. 34. WAIVER. The failure of any party to this Agreement to insist upon strict performance of any of the covenants or conditions herein, or to exercise any option herein conferred, or the waiver of a breach, shall not be deemed a waiver of such party's right to demand strict compliance by such other party in the future, nor shall it be deemed a relinquishment or waiver for the future of any rights, covenants, conditions or options under this Agreement. 35. GENDER. The terms "COUNTY" and "OCEANSIDE", wherever used herein, or any pronoun used in place thereof, shall mean and include the masculine or feminine or neuter gender, the singular or plural number,jointly and severally, individuals, firms or corporations,and their and each of their respective successors, legal representatives and assigns, according to the context thereof. 36. No PARTY DEEMED DRAFTER. No party shall be deemed the drafter of this Agreement. If this Agreement is ever construed by a court of law, such court shall not construe any provision thereof against any party as drafter. 23 37. No PARTNERSHIP. Nothing contained in this Agreement is intended,nor shall be construed to establish an agency relationship, a partnership or a joint venture between the parties hereto. 38. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Hawaii both as to interpretation and performance. 39. FORCE MAJEURE. In the event that either party shall be delayed or hindered in or prevented from the performance of any duties, obligations or conditions provided for and required under this Agreement by reason of strikes or other disturbances, lockouts, labor troubles, riots, insurrection, war or civil disturbance, fire or earthquake,tidal wave,acts of God,the elements, government legislation, regulation or controls, or economic controls, making it impossible to complete any duties, obligations, or conditions provided for and required under this Agreement, then performance of such duty, obligation, or condition shall be excused for the period of the delay and the period for the performance of any such duty,obligation, or condition shall be extended for a period equivalent to the period of such delay. Under no circumstances shall this provision operate or be construed to excuse either party from the payment of any sum required to be paid to the other party. OCEANSIDE or the COUNTY shall notify the other in writing of any force majeure event upon which OCEANSIDE or the COUNTY intends to rely upon for an extension of the period for the performance of any such duty,obligation,or condition,and shall also notify the other in writing of the date on which any such force majeure event ended. 40. GOOD FAITH. Either party to this Agreement shall perform its duties under this Agreement in good faith. 41. COMPUTATION OF PERIODS. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays; provided, however, that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or state or national holiday,such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. 42. SEVERABILITY. If any provision of this Agreement,or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of any provisions thereof to other persons or circumstances shall not be thereby affected. 43. ENTIRE AGREEMENT. This Agreement embodies the entire agreement of the parties hereto and supersedes any other agreements or understandings with respect to the subject matter hereof that may ever have existed between the parties. 24 44. SECTION AND PARAGRAPH HEADINGS. Section and paragraph headings are inserted only for convenience and reference and in no way define, limit, extend or describe the scope of intent of this Agreement, or any provisions thereof. 45. ADMINISTRATIVE ACT. The approval of this Agreement shall, under Development Agreement Statute HRS section 46-131, be deemed an administrative act of the COUNTY and any and all governmental agencies or entities party to this Agreement. 46. BINDING EFFECT. The terms and conditions of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to,all successors in interest to and assigns of the parties hereto, and the covenants contained herein shall run with the land. 47. ENTITIES OBLIGATED. Except as provided to the contrary herein, individual lot purchasers or builders, mortgagees or beneficiaries shall not have the obligation or duty under this Agreement to perform the obligations of OCEANSIDE or other affirmative covenants of OCEANSIDE hereunder,or to guarantee such performance. 48. PARTIAL RELEASE. Any terms and restrictions of this Agreement which are satisfied as of the annual review shall be released upon request of OCEANSIDE; provided that any such release shall be in recordable form that OCEANSIDE may record in the Office of the Assistant Registrar of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances, as applicable, within twenty (20) days of the execution of such release. 49. COMPLIANCE CERTIFICATE. If,during the annual review conducted pursuant to Paragraph (24), herein, the Planning Department finds compliance by OCEANSIDE with the terms of this Agreement, the Planning Department shall issue a certificate of compliance in recordable form that OCEANSIDE may record in the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances, as applicable. 50. SATISFACTION. Upon the satisfaction of the terms and conditions of this Agreement, and upon request by the Office of the Mayor and OCEANSIDE, the County Council shall propose and approve a resolution indicating that this Agreement has been satisfied. 51. FINAL RELEASE. The COUNTY agrees that upon written request of OCEANSIDE and payment of all fees and performance of the obligations of OCEANSIDE under this Agreement with respect to all or any portion of the Property, the COUNTY shall execute and deliver to OCEANSIDE appropriate release(s) of OCEANSIDE from any and all further obligations under this Agreement in such form and substance necessary to effect such release and to record the same with the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or the State of Hawaii Bureau of Conveyances, as applicable; provided that any such release shall be recorded within twenty(20)days of its execution. 25 52. ADMINISTRATION OF THIS AGREEMENT. The Planning Department shall be responsible for the overall administration of this Agreement. 53. RECORDATION. The Planning Department, or such other executive agency designated in writing to OCEANSIDE by the Mayor, shall file or record copies of this Agreement and any amendment or modification hereto in the Office of the Assistant Registrar of the Land Court of the State of Hawaii or in the State of Hawaii Bureau of Conveyances,or both, whichever is applicable,within twenty(20)days after the execution of this Agreement, or twenty(20) days after any amendment hereto. 54. COUNTERPARTS. The parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same instrument, binding all of the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterparts. For all purposes, including, without limitation, the recordation, filing and delivery of this Agreement,duplicate, unexecuted and unacknowledged pages of the counterpart may be discarded and the remaining pages assembled as one (I) document. 55. FACSIMILE DOCUMENTS. The parties agree to accept facsimile executed documents as if they were originally signed documents. Any party submitting facsimile signatures shall provide the other parties with originally signed replacement documents within five(5)business days from the date of receipt by such other parties of the facsimile executed documents. 56. NOTICES. Unless otherwise provided herein, any notice to either party given under this Agreement shall be in writing and given by delivering the same to such party in person, or by sending the same by registered, certified or express mail, return receipt requested, first class postage prepaid, to the party's address as first noted herein, or as otherwise provided through written notice to the other party. 57. PUBLIC DEDICATION. Unless otherwise provided by OCEANSIDE in writing, this Agreement shall not be deemed a gift or dedication of the Project or the Property,or any portion thereof, to the general public, for the general public,or for any public use or purpose whatsoever, it being the intention and understanding of the parties that this Agreement be strictly limited to and for the purposes expressed herein for the development of the Project and the Property as private property. 26 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. COUNTY OF HAWAII "COUNTY" Approved as to form and legality: Corporation Counsel By . 7 tC• yglu45444 Its Mayor 1250 OCEANSIDE PARTNERS "OCEANSIDE" Approved as to form and legality: By RED HILL 1250, INC. Its Gener. '•rtner r .Its Legal Counsel By Richard T. Frye Its Vice President 27 STATE OF HAWAII ) ss : COUNTY OF HAWAII ) On this ;),A day of Pk'pv1l , 19 9& before me, rkVyNAt.e.h K• Y�1oi , the undersigned Notary Public, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii ; that the seal affixed to the foregoing instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of COUNTY OF HAWAII by authority given to said Mayor of the County of Hawaii by Section 5-1.3 (g) of the County Charter, County of Hawaii (1991) , as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII . • i o44.ai LNotar Public,' State of Hawaii My commission expires : gliqa001 L.5 • STATE OF HAWAII SS: COUNTY OF HAWAII rh•K.•K. On this 19442 day of PhD,, , 1998, before me appeared Richard T. Frye,`te, who, being by me duly sworn, did say that he is the Vice President of Red Hill 1250, Inc., general partner of 1250 OCEANSIDE PARTNERS dba OCEANSIDE 1250, a Hawaii limited partnership, that the foregoing instrument was signed in the name of and in behalf of said partnership, and said Richard T. Frye acknowledged that he executed the same as his free act and deed and as the free act and deed of said partnership. Notary 1Public,;Stat of Hawaii My commission expires: a//c/ao o S. 29 List of Exhibits Exhibit Description A Map describing portion of the Property owned by OCEANSIDE in fee simple and that portion that is leased. B Ordinance No. 96-8 C Ordinance No. 96-7 D SMA Permit No. 345 E Use Permit No. 115 F SMA Permit No. 356 G Ordinance No. 97-36 H Mamalahoa Highway bypass detail and description. I Enacting Resolution approving the Agreement (not available until after Council acts). J Project Plan - Agricultural lot community and its various components, including the lodge and coastline park. Excludes the Mamalahoa Highway Bypass. K Map identifying 260.8 acres as TMK 7-9-12:04 and 11, which is leased from Ackerman Ranch. L Short Form of Ackerman Ranch lease. M Construction standards for the Mamalahoa Highway Bypass. N Sample Letter releasing OCEANSIDE from all further responsibilities and obligations with respect to segments of the Mamalahoa Highway Bypass. O Map of the relevant phases of the extension of Halekii Street through the Property. P Map of geographic areas for reimbursement. 1 List of Exhibits Exhibit Description Q Map of roadway stub-outs providing future connections between Property and its north and south boundaries. R Coastline Park S Ordinance No. 94-73 T1 Mamalahoa Highway Bypass TMX Map T2 Mamalahoa Highway Bypass TMX Map 2 • '� `0 .4 rI - ' `die. c ` , ' '., ; .'_� ;'%` - , •A �,:-•.Lr^,c VASt 7 � - �.. 'lir -�.��}�. _J i: .� _ - .•.-l��Y_L r'�•`'1 1::::1::: •\' - .= .•gyp` ,. :� i :1 .. \ :./.�i. s,1M h it• t. -1 .�( '22 , 1.1 :_ /. t; I. • •'�• � •... •.•.� b' (�` \ �. mac• `� �� ` '_ ) --..5 .p. i ii , . i 1, AC • I- "Nrn k\ .4 i.: I:;-. • C i: 7 . : - • .„:: , 2 • r +J 1:4 ....7, . \ :. - . • k 7 • r• I • t — `(i• 1 . 1 — —t_ o (SIi 1 1 Y r , •i •• ,• J ; ��� • - i^ -C will J . • t i i J I .. ji _ o 1 8- 41: �I �� --O 0 3r A 12:4.6!Al i• 4 z -; /01.111 0 . L......___ _ — e -( . I14.\ . 1 : 1 � I • '41 -41gi r 1.4 i 1 . _: : : : • • :„..,..,.•••„: C) ib ;1*. .. I.\I: • ( .. ::: L , LEASE AREA EXHIBIT A COUNTY OF HAWAII STATE OF HAWAII BILL NO. 181 (Draft ORDINANCE NO. 96 8 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND UNPLANNED (U) TO AGRICULTURAL (A-1a) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND. KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA. HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-73 is amended as follows: "SECTION 1. Section 25-87, 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 Kanaueue 1st and 2nd. North Kona. Hawaii, shall be Agricultural (A-1a): PARCEL 1: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions, being also a point on the division between North and South Kona, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by azimuths measured clockwise from True South: 1. 71 • 45' 902.30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 2. 152• 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; EXHIBIT B Thence, for the next seven (7) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3. 251 ° 23' 30" 224.69 feet to a point; 4. 250° 35' 58.35 feet to a point; 5. 255° 17' 131.07 feet to a point; 6. 240° 43' 26.91 feet to a point; 7. 257° 50' 172.57 feet to a point; 8. 243° 13' 30" 21.91 feet to a point; 9. 256° 57' 98.95 feet to a point; Thence, for the next twelve (12) courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo: 10. 338° IT 30" 158.36 feet to a point; 11. 257° 24' 102.95 feet to a point; 12. 255° 40' 30" 171.35 feet to a point; 13. 261 ° 29' 101.46 feet to a point; 14. 346° 30' 30" 54.40 feet to a point; 15. 343° 21' 30" 152.40 feet to a point; 16. 346° 20' 165.46 feet to a point; 17. 343° 29' 30" 80.88 feet to a point; 18. 357° 13' 57.51 feet to a point; 19. 345° 53' 30" 154.41 feet to a point; 20. 333 53' 114.71 feet to a point; 21. 345° 43' 43.78 feet to the point of beginning and containing an area of 22.251 Acres. more or less. (Refer to Parcel 1 as shown on Exhibit "A"). _1. The district classification of the following area situated at Honuaino 3rd and 4th. Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona. Hawaii. shall be Agricultural (A-1a): PARCEL 2: Beginning at the Northwesterly corner of this parcel of land, being also a point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall. the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: Thence, for the next sixty-seven (67) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: I . 172° 44' 35.46 feet to a point; 2. 250° 06' 26.01 feet to a point; 3. 245° 26' 19.20 feet to a point; 4. 251 ° 15' 39.58 feet to a point; 5. 259° 25' 18.68 feet to a point; 6. 246° 50' 16.35 feet to a point; 7. 254° 27' 40.28 feet to a point; 8. 323° 16' 7.32 feet to a point; 9. 249° 32' 44.32 feet to a point; 10. 265° 01' 30" 16.93 feet to a point; 11. 271 ° 10' 30" 50.61 feet to a point; 12. 261 • 46' 30" 67.77 feet to a point; 13. 256° 32' 30" 36.61 feet to a point; 14. 262• 38' 30.23 feet to a point; 15. 258' 17' 37.28 feet to a point; 16. 254• 45' 21.32 feet to a point; -3- 17. 257° 35' 30" 36.22 feet to a point; 18. 265° 03' 2L89 feet to a point; 19. 263° 53' 30" 45.49 feet to a point; 20. 266° 14' 44.43 feet to a point; 21. 249° OT 32.29 feet to a point; 22. 256° 49' 30" 41.74 feet to a point; 23. 250° 03' 30" 91.17 feet to a point; 24. 2570 28' 88.18 feet to a point; 25. 253° 37' 30" 14.36 feet to a point; 26. 271° 49' 7.86 feet to a point; 27. 243° 18' 30" 43.30 feet to a point; 28. 252° 36' 45.75 feet to a point; 29. 262° 29' 35.65 feet to a point; 30. 265° 31' 13.70 feet to a point; 3I. 260° 35' 30" 76.29 feet to a point; 32. 268° 05' 30" 59.53 feet to a point; 33. 253° 44' 30" 12.40 feet to a point; 34. 259° 40' 25.69 feet to a point; 35. 264° 02' 51.71 feet to a point; 36. 259° 49' 30" 85.74 feet to a point; 37. 266° 56' 48.70 feet to a point; 38. 265° 44' 61.02 feet to a point; 39. 272° 05' 60.95 feet to a point; 40. 269° 19' 30" 91.04 feet to a point; 41. 275° 29' 26.42 feet to a point; 42. 280° 52' 30" 26.76 feet to a point; -4- 43. 272° 21' 30" 28.45 feet to a point; 44. 277° 12' 46.47 feet to a point; 45. 273° 22' 30" 84.54 feet to a point; 46. 273° 04' 30" 57.99 feet to a point; 47. 270° 29' 30.67 feet to a point; 48. 275° 46' 30" 91.01 feet to a point; 49. 267° 54' 30" 87.48 feet to a point; 50. 261° 05' 30" 28.16 feet to a point; 51. 266° 13' 128.24 feet to a point; 52. 270° 26' 114.47 feet to a point; 53. 260° 09' 81.24 feet to a point; 54. 262° 27' _ 166.66 feet to a point; 55. 261° 4T 108.98 feet to a point; 56. 243° 34' 33.10 feet to a point; 57. 259° 14' 30" 37.03 feet to a point; 58. 265° 34' 30" 77.10 feet to a point; 59. 262° 59' 118.99 feet to a point; 60. 256° 19' 39.78 feet to a point; 61. 262° 44' 82.08 feet to a point; 62. 267° 50' 34.11 feet to a point; 63. 265° 25' 63.09 feet to a point; 64. 273' 36' 30" 112.92 feet to a point; 65. 268• 50' 151.03 feet to a point; 66. 274• 59' 30" 35.27 feet to a point; 67. 268' 30' 30" 48.40 feet to a point; -5- Thence, for the next three (3) courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S. W. Makahiki: 68. 15° 00' 431.60 feet to a point; 69. 0° 23' 223.30 feet to a point; 70. 333° 44' 145.20 feet to a point; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John Cavanah: 71. 319° 08' 63.63 feet to a point; 72. 327° 12' 30" 92.54 feet to a point; 73. 333° 41' 55.11 feet to a point; 74. 341 ° 52' 42.41 feet toapoint; 75. 350° 21' 65.77 feet to a point; 76. 357° 1 1' 30" 87.84 feet to a point; 77. 7° 46' 82.65 feet to a point; 78. 17° 59' 209.88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, for the next ten (10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawc: 79. 15° 46' 30" 221.91 feet to a point; 80. 350° 40' 30" 86.03 feet to a point; 81 . 346° 02' 30" 127.39 feet to a point; 82. 347° 43' 68.36 feet to a point; 83. 356° 37' 108.84 feet to a point; 84. 358° 09' 110.66 feet to a point; 85. 6° 27' 30" 75.31 feet to a point; -6- 86. 357° 30' 30" 143.26 feet to a point; 87. 8° 45' 30" 30.57 feet to a point: 88. 359° 52' 108.27 feet to a point; 89. 265° 47' 29.79 feet along the remainder of Grant 1463 to Keawe to a point; Thence. for the next eight (8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keaw.-e: 90. 357° 33' 107.96 feet to a point; 91. 352° 21' 72.88 feet to a point; 92. 356° 43' 30" 32.40 feet to a point; 93. 353° 27' 38.77 feet to a point: 94. 350° 36' 29.09 feet to a point; 95. 339° 51' 130.13 feet to a point; 96. 329° 39' 30" 32.22 feet to a point; 97. 326° 06' 51.01 feet to a point; 98. 324° 59' 10.48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 99. 320° 39' 115.81 feet along the remainder of Royal Patent 5336, Land Commission Award 9413 to Kahana to a point; 100. 67° 26' 30" 92.41 feet along wire fence and along Grant 992 to W. Whitmarsh to a point; 101. 70° 35' 63.69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 102. 67° 10' 30" 124.47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point; 103. 72' 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to a point; -7- 104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to a point; Thence, for the next twenty-three (23) courses following along middle of stonewall and along Grant 992 to \V. Whitmarsh: 105. 82° 05' 30" 51.64 feet to a point; 106. 83° 18' 181.52 feet to a point; 107. 84° 58' 30" 118.82 feet to a point; 108. 85° 30' 30" 145.13 feet to a point; 109. 91 ° 09' 79.55 feet to a point; 110. 82° 04' 95.77 feet to a point; 1 1 1. 82° 31' 45" 212.72 feet to a point; 112. 359° 15' 512.31 feet to a point; 113. 268° 21' 280.72 feet to a point; 114. 259° 47' 379.67 feet to a point; 115. 260° 53' 149.26 feet to a point; 116. 259° 07' 153.59 feet to a point; 117. 266° 02' 30" 90.63 feet to a point; 118. 250° 32' 115.64 feet to a point; 119. 240° 54' 54.22 feet to a point; 120. 246° 41' 140.89 feet to a point; 121. 256° 30' 30" 95.53 feet to a point; 122. 240° 04' 30" 52.97 feet to a point; 123. 245° 12' 30" 66.16 feet to a point; 12-1. 257° 45' 30" 34.33 feet to a point: 125. 239° 59' 72.54 feet to a point; 126. 250° 39' 30" 70.76 feet to a point; -8- 127. 246° 08' 111.93 feet to a point; 128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next four (4) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions: 129. 64° 12' 628.00 feet to a point; 130. 79° 26' 602.00 feet to a point; 131. 77° 00' 987.00 feet to a point; 132. 72° 13' 704.78 feet to a point; 133. 154' 42' 918.93 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with a radius of 1,030.00, the chord azimuth and distance being: 134. 174° 32' 30" 699.21 feet to a point; 135. 194° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1,270.00 feet, the chord azimuth and distance being: 136. 165° 33' 1,224.95 feet to a point; 137. 136° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1,030.00 feet, the chord azimuth and distance being: 138. 149° 59' 30" 473.03 feet to a point; 139. 163° 16' 839.35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; -9- Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the left with a radius of 470.00 feet, the chord azimuth and distance being: 140. 136° 23' 15" 424.98 feet to a point; 141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to the point of beginning and containing an area of 295.539 Acres. (Refer to Parcel 2 as shown on Exhibit "A".) SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South Kona, Hawaii, shall be Agricultural (A-la): PARCEL 3: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2.272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise from True South: 1. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34 of Kona Scenic Subdivision, Unit I1 (File Plan 1591) and along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Pan 4, Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki'i Street to a point; 2. 78° 30' 470.15 feet along Lot 3 (Government Land - County of Hawaii) to a point; 3. 348° 30' 438.70 feet along Lot 3 (Government Land - County of Hawaii) to a point; -1. 266° 28' 187.31 feet along Lot 3 (Government Land - County of Hawaii) to a point: -10- Thence, for the next eleven (1 1) courses following along middle of stonewall: 5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 7. 70 45' 30" 174.98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 8. 91 ° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; Thence, for the next four(4) courses following along Grant 866 to Kapule: 10. 86° 02' 30" 309.93 feet along Lot 2 to a point; 11. 80° 19' 207.35 feet along Lot 1 to a point; 12. 75° 14' 183.86 feet along Lot 1 to a point; 13. 79° 02' 674.13 feet along Lot 1 to a point; 14. 177° 38' 634.16 feet along the remainder of Grant 977 to Panaunau to a point; 15. 75° 14' 1,338.05 feet along Grant 977 to Panaunau to a point; 16. 150° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 17. 251 ' 45' 902.30 feet along Grant 865 to John Nakookoo to a point; -11- Thence, for the next thirty-six (36) courses following along middle of stonewall and along Gram 865 to John Nakookoo: 18. 250° 02' 30" 41.72 feet to a point; 19. 238° 11' 30" 99.82 feet to a point; 20. 246° 13' 93.37 feet to a point; 21. 253° 29' 121.82 feet to a point; 22. 257° 51' 121.61 feet to a point; 23. 249° 33' 59.76 feet to a point; 24. 245° 51' 177.23 feet to a point; 25. 248° 02' 30" 92.17 feet to a point; 26. 240° 26' 30" 60.37 feet to a point; 27. 254° 58' 1 10.46 feet to a point; 28. 258° 29' 24.30 feet to a point; 29. 274° 56' 30" 31.91 feet to a point; 30. 260° 18' 30" 148.31 feet to a point: 31. 253° 43' 47.09 feet to a point: 32. 243° 21' 30" 89.60 feet to a point; 33. 263° 53' 30" 70.49 feet to a point: 34. 254° 39' 30" 21.88 feet to a point; 35. 269° 41' 41.10 feet to a point; 36. 288° 24' 45.97 feet to a point; 37. 255° 29' 30" 27.38 feet to a point; 38. 241 ° 21' 30.35 feet to a point; 39. 227° 12' 30" 53.91 feet to a point: 40. 216° 24' 30" 55.73 feet to a point: -11 . 238° 55' 30" 27.24 feet to a point: -12- 42. 255° 23' 30" 29.74 feet to a point; 43. 271 ° 22' 69.73 feet to a point; 44. 265° 04' 29.52 feet to a point; 45. 275° 29' 30" 98.69 feet to a point; 46. 271 ° 04' 85.71 feet to a point; 47. 277° 42' 30" 71.32 feet to a point; 48. 269° 46' 21.84 feet to a point; 49. 270° 48' 110.24 feet to a point; 50. 268° 22' 91.02 feet to a point; 51. 258° 19' 92.53 feet to a point; 52. 270° 26' 57.58 feet to a point; 53. 265° 38' 177.70 feet to the point of beginning and containing an area of 94.387 Acres, more or less. (Refer to Pacel 3 as shown on Exhibit "A".) The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-1a): PARCEL 4: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northerly boundary of Grant 1 162 to F. O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise from True South: 1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2. 78* 08' 30" 1,407.43 feet along middle of stonewall and along Grant 1 162 to F. O. Schulze to a point; Thence, for the next three (3) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: -13- 3. 203° 12' 488.09 feet to a point; Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth and distance being: 4. 172° 50' 30" 879.41 feet to a point; 5. 142° 29' 272.49 feet to a point; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell, and Grant 1576 to Lohi on a curve to the right with a radius of 1,130.00 feet, the chord azimuth and distance being: 6. 169° 47' 1,036.55 feet to a point; 7. 197° 05' 307.17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 8. 183° 07' 31 1.35 feet to a point; 9. 169° 09' 54.98 feet along the remainder of Grant 1464 to lalua to a point; Thence, following along the remainders of Grant 1464 to lalua and Grant 1 175 to Nakauwaa on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 10. 186° 06' 41 1.07 feet to a point; 11. 203° 03' 162.63 feet along the remainder of Grant 1 175 to Nakauwaa to a point; Thence. following along the remainder of Grant 1 175 to Nakauwaa and Grant 1 177 to Kamakahiona on a curve to the left with a radius of 645.00 feet. the chord azimuth and distance beinc: 186° 42' 30" 362.96 feet to a point: -14- 13. 170° 22' 60.05 feet along the remainder of Grant 1 177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1 176 to Kini on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 14. 186° 12' 384.70 feet to a point; Thence, for the next five (5) courses following along the remainder of Grant 1176 to Kini: 15. 202° 02' 35.26 feet to a point; Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 16. 157° 02' 42.43 feet to a point; 17. 112* 02' 85.32 feet to a point; Thence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth and distance being: 18. 970 14' 329.53 feet to a point; 19. 82° 26' 397.26 feet to a point; Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705.00 feet, the chord azimuth and distance being: 20. 118° 34' 831.43 feet to a point; 21. 154° 42' 342.97 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 22. 252° 13' 704.78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point; -15- Thence, for the next three (3) courses following along Grant 865 to John Nakookoo: 23. 257° 00' 987.00 feet to a point; 24. 259° 26' 602.00 feet to a point; 25. 244* 12' 628.00 feet to a point; 26. 330° 55' 956.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions to a point; 28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a point; 29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona to a point; 30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona to a point; Thence, for the next six (6) courses following along the Westerly side of old railroad: 31 . 353° 25' 54.23 feet to a point; 32. 346° 06' 95.32 feet to a point; 33. 342° 16' 30" 289.54 feet to a point; 34. 341 ° 04' 132.29 feet to a point; 35. 345° 33' 48.71 feet along the remainders of Grant 1 177 to Kamakahiona and Grant 1 175 to Nakauwaa to a point; Thence. for the next six (6) courses following along the remainder of Grant 1 175 to Nakauwaa: 36 350° 55' 30" 47.80 feet to a point; -16- 3 7. 260° 45' 8.34 feet to a point; Thence, for the next four(4) courses following along the Westerly face of stonewall and along the Easterly side of old railroad: 38. 353° 43' 30" 58.69 feet to a point; 39. 1 ° 03' 30" 50.75 feet to a point; 40. .1° 06' 30" 32.09 feet to a point; 41. 9° 18' 30" 46.75 feet to a point; Thence, for the next four(4) courses following along the Northerly face of stonewall: 42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell to a point; 43. 63° 01' 30" 205.62 feet along Grant 787 to H. N. Greenwell to a point; Thence, for the next twenty-six (26) courses following along the remainder of Grant 787 to H. N. Greenwell: 44. 58° 15' 190.84 feet to a point; 45. 95° 12' 30" 36.26 feet to a point; Thence, for the next ten (10) courses following along the Westerly face of stonewall: 46. 340° 55' 30" 51.47 feet to a point; 47. 336° 12' 30" 95.40 feet to a point; 48. 340° 54' 85.38 feet to a point; 49. 338° 48' 30" 46.81 feet to a point; 50. 342' 23' 65.75 feet to a point; 51. 334° 35' 30" 65.95 feet to a point; 52. 332' 23' 82.87 feet to a point; 53. 324* 00' 11.13 feet to a point; 54. 332' 36' 30" 113.50 feet to a point; -17- 55. 347* 43' 24.68 feet to a point; Thence, for the next four (4) courses following along the Westerly side of old railroad: 56. 338° 19' 61.45 feet to a point; 57. 327° 39' 30" 17.91 feet to a point; 58. 347° 16' 94.25 feet to a point; 59. 3440 55' 30" 113.58 feet to a point; 60. 267° 05' 30" 16.83 feet to a point; Thence, for the next six (6) courses following along middle of stonewall: 61. 341 ° 48' 30" 54.25 feet to a point; 62. 346° 24' 30" 109.52 feet to a point; 63. 330° 20' 62.30 feet to a point; 64. 336° 48' 11 1.89 feet to a point; 65. 325° 21' 106.90 feet to a point; 66. 62° 18' 30" 29.22 feet to a point; Thence, for the next three (3) courses following along Westerly face of stonewall: 67. 337° 28' 30" 112.46 feet to a point; 68. 337° 08' 183.98 feet to a point; 69. 337° 36' 30" 153.52 feet to a point; 70. 254° 02' 30" 25.45 feet along the Southerly face of stonewall and along Grant 787 to H. N. Greenwell to a point: Thence. for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146. Land Commission Award 8452 to A. Keohokalole: 71 . 338° 26' 168.87 feet to a point; 72. 337° 34' 153.12 feet to a point: -18- 73. 335° 16' 30" 329.74 feet to a point; 74. 336° 16' 30" 122.94 feet to a point; 75. 334° 38' 30" 193.93 feet to a point; 76. 335° 59' 267.46 feet to a point; 77. 329° 13' 30" 141.50 feet to the point of beginning and containing an area of 271.415 Acres. (Refer to Parcel 4 as shown on Exhibit "A".) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part ereof(herein after referred to as "subject property"). SECTION 3. 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; (B) The effective date of the rezoning shall be upon: (1) the execution of an agreement, between the applicant, Lyle Anderson, and the County through its Department of Water Supply and Planning, to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty (180) days from the effective date of this ordinance: (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within four (4) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five (5) years from the effective date of this rezoning as determined in Condition B. For the purpose of this ordinance, -19- Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) 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; (E) All electrical and communication utilities lines within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; (F) A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the subject property; (G) An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones. signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (H) . • • • u .reh • .ve . • - • al • • • V Of • •1 p . .• • W . • •� •• I• V • • • • • 9 II• • • . •• . •• •V . •V . • 1 • 1 . /• • • •• • I. u••-v- '• • a.• •va • . • a d . - r. • i • wi • V • lie Ile - I• • •• . e• • •v- . .cce • B. .: • V • . . '• • • at.. • %%' • Planning Director and the Department of Land and Natural Resources and shall include r auka-makai and lateral shoreline accesses. parking area(s). signage, • - 11 - • - • - •• . - •I - I '•1 II . - • I . •V . • • • • •• . 1. - eon • •. • 111 . ' Ii , I• • • 11 • •V" si [The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No. 345 issued to the applicant on November 5, 1993]; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e.g., Conservation District Use Approval, Special Management Area Use Permit, etc.); provided, further, that the applicant shall be responsible to comply with the following terms and conditions: [(1) The applicant shall develop and submit a comprehensive public shoreline access plan for the subject property and the properties described in the SMA Permit No. 345, subject to the review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources, prior to Final Subdivision Approval, or any land alteration activity, whichever comes first;] M[(2)] An area comprising twenty-five percent (25%) of the total park area, as shown on Exhibit "E" attached hereto and made a part hereof, shall be developed and improved by the applicant or its agent in phases within five (5) years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; [(3) No more than a total land area of twelve (12) acres shall be permitted to be constructed, operated and maintained as part of the applicant's golf course, approved as Use Permit No. 115, and included within the coastline park or the existing conservation district lands;] L21[(4)] [A] Upon opening the first phase of the park area. a minimum of twenty-five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant's adjacent lands at the -21- principal shoreline access parking area(s), signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike, The number of parking a i. • • 11111 - 1 [% x • 1 I . •• •V. • . ••' ' la • ; phases in accordance with the public access plan; and M[(5)] The public shoreline access plan shall also integrate where appropriate, any public accessway(s) to interpretive trail system(s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district. (1) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of[the] its privately owned coastline park and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised Statutes,] will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area's pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4, Hawaii Revised Statutes. The applicant shall retain ownership of its [own the) coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions. This condition shall not be applicable to any roadway, • • • - 1 -• -w. ' w.' • . - • - - u - • • • i' iw. ' • a . • i • •i Chapter 264. Hawaii Revised Statutes; (.11 Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits. human burials. rock or coral alignments. pavings or walls be encountered. work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken: -22- (K) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (L) Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property. the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway.. Haleki'i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass [road as shown in Exhibit "C",] between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control. The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment [within the Phase Two portion] of the Mamalahoa Highway Bypass [road], the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action for such segments and an agreement has been entered into [to] between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; (3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in Exhibit "C",] ' - , - , , . . • • ,'•,• v. .'., • . - - Be • .• Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further that the section of the Mamalahoa Highway i .. • . . • • • tie . • So • • n • - • . se •V. .• -23- • • • • • . •1• • 1 - • •. • • • ow- � • �' • . - • project area; [(4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Marnalahoa Bypass;] (4) [(5)] construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. [A] If. before the completion . •• • •." • • • • • - - • - ►/ • i•e • I•• . • I W.v ;ye. • •.•U•• • .•• • • •. • 1• • - - • .•• • •- • - • . •• • • •• ! • • • •v'. - • • • • • • • Haleki'i Street. a barricade or breakaway gate, meeting with the requirements of the Department of Public Works, shall be installed by the applicant as pan of the required Haleki'i Street improvements, [prior to the completion of Phase 1 of the Marnalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first.] The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion [the Phase 1 section ]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and L5.)[(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property, [the Alii Highway, and southern extensions there from;) and the adjacent properties to the north and south: provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. The applicant shall construct the Marnalahoa Highway Bypass to [State Department of Transportation-Highways Division Standards for a regional arterial bypass highway or segments thereof, and] • •. • . • ■ • .v • - - •• i •• - • • • ' W• : • .'• •w.vw • • n •. • • • • ••a . • ' •• • • " • ' .v • Pe•all• - i • Public Works, The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to -24- reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations[. Roadway segments providing the bypass's connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii County Code, instead of the State DOT standards for major arterials, in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways]; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass [Highway] and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass [Highway] incurred by the applicant, less the pro rata portion attributed to the subject property; [(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit "D" except for the golf course, golf clubhouse, lodge and related facilities, the applicant shall: (1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes as shown in Exhibit `C', meeting with the approval of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division; and (2) complete the construction of the Mamalahoa Bypass channelization improvements at its intersection with Mamalahoa Highway and Napo'opo'o Road, meeting with the requirements of the Department of Public Works, in consultation with the State Department of Transportation-Highways Division;) -25- fM'[(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall be dedicated to the [appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall by offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the County, as provided by law) County of Hawaii; (N1[O)) To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide [a maximum of] two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (Q)[(P)] In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L,[and M,] the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; [(Q) The Applicant 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 road and traffic impacts, as required in Conditions L and M]; _MR)) It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purposed of this condition. "agriculture" shall be defined as the cultivation of crops. including but not limited to flowers, vegetable. foliage. and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: -?6- (1) if such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) if it provides a source of income to the person(s) who reside on the property; or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval. Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; (Ql[(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot; provided that this shall not preclude the construction of a guest house as defined under Chapter 25 of the Hawaii County Code. 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. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; (Rl[(T)] [The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park., fire, police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size 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 -27- any combination thereof shall have a maximum combined value of S 4,701,205.74. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; ] • •• • 1 Ie 11e :- . 1• - Si i• 11 • 11• • 1 - • - / _. - 'al • •a • 1 - •. • • /: l • 1 - • - • •e . . 1• - 1 • IN. - • •• . • • •.I• •.• 11 eIle . 1 I 1 - e• le_ - •1 u • ' Si the sum which is the product ofmultiplying the number of lois proposed to be subdivided by the amounts allocated hereinbelow for each such lot. and shall become due and payable prior to final subdivision approval for any portion of the subject property- or its increments. If the subject properly is subdivided in two or more increments. the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution for each lot. except for lots larger than ten acres in size or which arc committed exclusively foLgol[ourse and park purposes. shall be based on the maximum allowable density of building sites as determined by the zoning of such lot. The fair share contribution in a form of cash. land. facilities. or any combination he - • . - • • • - t• l - •. - • •1 •1 .t-411 N, ' a 1 ai tea a' - l 1 lave a maximum combined value of S7.239.16per lot. Based upon the applicant's • - • , •e1 • 1 - 1 • •Ae•v'• - • l• • -v- • e • • ' 11 • 1 - •1 • a e• • • • 1 • • 1 i• • 1 • : ' 11 1•w-v- 1 - • . e 11• 1 •• • - '1 • reduced in proportion with the actual number of subdivided lots according to the a U . .• 1 • 1 • •. 'II - 1 • •v. .• 1 • t , l , l• • l • II contribution shall be allocated as follows: 1 4'1 : - • - • • 1 -1•' .1 • t• . • 1' 41.11 t 1 151v 5 • • i •• : 1• 1 • .1/ %' 11 1 • l. . -28- (,2-1 1 . 41 • • • • 1 •••• . - • • • • . . 1 11 • - • • i c • police facilities: (.� . • • • . • •••. . • • . • 3 1 .411 • • fire facilities: 141 , 4 • • - • • . • .•.. . - . • . • • : 11 • • - • s ••• O solid waste facilities; L51 53.101.68 per lot. for anindicated total of S1.24Q-672.0Q to the State or County Jo support road and traffic improvements. The fairshare contributions de.ctibedabove shall be adiusted arytually beginning • - .r • l - 1 - - i - •v- . - • I- • .•I, 1 - e - 4 • • • - •- • , 1 •• the Honolulu Consumer Price Index LHCPIL In lieu of paving the fair share contribution. the applicant may construct improvements/facilities related to parks and recreation. fire. police. solid waste disposal facilities. and roads within the region •• •. • I I - • • •.• • . V • ••• - • • • • - • •• IV. • • • • • • • director. The cost of constructing the improvements required in Conditions H. K and •e • - - . • • • S . . II I. - • '1 • 1•• ••• • I •., : • II recreation. Condition R(4) for solid waste facilities and in Condition RLS for road and traffic improvements. For purposes of administering Condition R. the value of land contributed or the cost of a.ny improvements required or madejn lieu of the fair share contribution shall be such amount as approved by the Planning Director. upon consultation with the appropriate agencies. [(U) The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Codc, in the construction of dwellings within the subject property; ] S1[(T)] In the event that the State Department of Education adopts an educational facilities impact fee program, the applicant shall participate in the requirements of the program; -29- LD[(W)] Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, and the Department of Water Supply; (U1[(X)] 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; (V�[(Y)] 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, (W)[(Z)] 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 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 -30- (5) should the Applicant require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: jo....4.....44.........Lz COUNCIL MEMBER, COUNTY O2Li..4...+_,l iawaii fIntroduction: December 15 , 1995 •f 1st Reading: December 15 , 1995 .f2nd Reading: January 3 , 1996 iveDate: January 15 , 1996 APPROVED as to Fr'•R6,s;: cr:71., GAL1TY 7:-:--c -,...... -,....i.- CO2P0r:L.TICN COUNSEL COUNTY CF HAWAII Dote .1/V 1/ -31- { 11 t i • • a i - - - i i s I I.. / 1 l� A r ; _ : : l1• i . ii : is= Z Zo �- - w N - - - ---- - o x �- t • - • i'.. u-) w cn /- S..1.• ''' .. ... -•••• I . -�.1 'i, I :4.-.I. -• _- • - ;1 f j - - — • -11:7F7/-) --• .1.0 *- ' s •••:::,. / 1' I. ji• .. • - -; � -) --. . -iy. p..(., `�: X11 � . <,i oiN •) p '--\ k, , - f . , .� � acs <. � ��.' .- i'4 , ita /of- :to) iii N.)}s..p,„ --i*I' A\tti. . ---, 1 ')'ig?i? 1., .it P dt. ri:4117gLetk. IT... 111 IVilkr',-(''(1911 . / vsit 21r� gr ��.�/�/ `•l 'i'O, .."4, *.ICI"°frtir ts Ake ,..,: , �/ •�• .:25 � 'e / /e:- . ' & .? • : ' .'• *--'s'l- ' • ---''resigIVIIP" 1.441 "..:1_2 p 0% ; -".: • ' c4A 4511- •• ••• •-• •1 s'-', 4 Y 10--.:-. ;,' 1 4";3-4 1-'••' 3 ( f1 - %fir'! T y !�� �. �' — 0ti• ��.` a' ,"�-}{ - } .) .. pi trif .. .: -.-- -. ,‹ 1-- iii„...A. it. -:f_�;- 11 yi't j •1 ",—lL _ _ __ Q v ,l r ��+gip' �_ t 1 •`( 1 l •:y- _ �' �==a''� t'. r•,S ice;c� • • ., (..,._. • is ~ -.-7- r, ‘ ,id! i"I/ �' .0 o•:' irr411111V:.'\<••____.-...:11 -.,i / • .. -_, . .._ , -----.., , ...;_ • •-11 , '-:: • •Wrik •,••••. ...:„.... / „ .• : ,/. •,---• ..„I • .\ • ' — e't . , _ - ,_.,-------0, =.: , .. : /. 1 t% i • ce' re...... i� 11 "% . - • . .4,..,. ,___ ....,,' :117 ,. -'. -'A • fw �r e - _.cam'_ , .111114. ' �' -• . . • -L-z-•-• ., ir-s I • _, �.• • • ' ��.,.,••rjT�;�•1‘.••1 _. C� w 14.:C• -.4----.--- r . 17 . .. i 1.:,:-J .!C .... 1)I ,.., •--.--•._)_../.... . . .c, ..,,,Al_ r..i..-J-1. -1. .. -) 1 __..r.,,•1. rni 0 _ 1,y. ..*„..\*-4.... .�:c!/)r_ : :ny1 _ -.• y: --t•--..\- ....A..; _:. - }-- Q ; ,1 \--Cay 1•. 0 H OFFICE OF THE COUNTY CLERK County of Hawaii REQ' ' Hilo , Hawaii - - ( DiriErah )16 fill 7 57 -ROLL CA Yd ,;FFICE itTi_ Q COUNT f °AYIS:1AINOES ABS E iuced By: Takashi Domingo Araka i X Introduced: December 15, 1995 Bonk-Abramson X Reading: December 15, 1995 Childs X shed: N/A _ De Lima X Domingo X ARKS: Osorio X Rath X Ray X Smith X 7 2 0 ( DRAFT 6 ) ROLL CALL VOTE id Reading: January 3 , 1996 AYES NOES ABS f ayor: January 4 , 1996 Arakaki X -ned: January 16 , 1996 X tive: January 15 , 1996 Bonk-Abramson shed January 24 , 1996 Childs X De Lima X ARKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 ) HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as rated above. r-, .A.&. .,/,Fg---, COUNCIL CHAIRMAN JMiGE.- / -tom( COUNTY CLERK -oval B-I pprvard this day al , 199e- . )6i,L, if ,e 4%.4,4_, OR COUNTY • ATI Bill No_ 181 (Draft 6 1 Reference C-821/PC-91 Ord No: 96 8 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 158 (Draft 5) ORDINANCE NO. 96 7 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII , KEEKEE 1ST AND 2ND, ILIKAHI , KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-9-12 : 4 , 11 AND PORTION OF 3 AND 8-1-4 : PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-87, Article 3 , Chapter 25 (Zoning Code) • of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A- 1a) : PARCEL 1 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall , the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5 , 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South : 1 . 345° 15 ' 189 . 91 feet along Grant 2029 to S . W . Makahiki to a point : Thence , following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the right with a radius of 470 . 00 feet , the chord azimuth and distance being : EXHIBITC 2 . 316° 23 ' 15" 424 . 98 feet to a point; 3 . 343° 16 ' 839 . 35 feet along the remainders of Grant 2029 to S . W. Makahiki , Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030 . 00 feet, the chord azimuth and distance being: 4 . 329° 59 ' 30" 473 . 03 feet to a point; 5 . 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270 . 00 feet, the chord azimuth and distance being: 6 . 345° 33 ' 1224 . 95 feet to a point; 7 . 14 ° 23 ' 350 . 20 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030 . 00 feet , the chord azimuth and distance being : 8 . 354 ° 32 ' 30" 699 . 21 feet to a point ; 9 . 334 ° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point ; Thence , for the next three (3 ) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : - 2- 10 . 66° 00 ' 770 . 00 feet to a point ; 11 . 74 ° 30 ' 930 . 00 feet to a point ; 12 . 67° 00 ' 285 . 65 feet to a point; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall : 13 . 179° 00 ' 416 . 28 feet to a point ; 14 . 149° 00 ' 221 . 00 feet to a point ; 15 . 52° 00 ' 205 . 00 feet to a point ; 16 . 67° 00 ' 304 . 00 feet to a point ; 17 . 80° 00 ' 573 . 00 feet to a point ; 18 . 102° 00 ' 259 . 00 feet to a point; 19 . 136° 00 ' . 441 . 00 feet to a point ; 20 . 120° 00 ' 641 . 00 feet to a point ; 21 . 137° 00 ' 256 . 00 feet to a point; 22 . 168° 20 ' 1123 . 00 feet to a point ; 23 . 163° 30 ' 456 . 00 feet to a point ; 24 . 206° 00 ' 214 . 09 feet to a point ; 25 . 243° 00 ' 693 . 46 feet to a point ; 26 . 193° 00 ' 282 . 00 feet to a point ; 27 . 222° 00 ' 513 . 00 feet to a point ; 28 . 210° 19 ' 324 . 00 feet to a point ; 29 . 198° 00 ' 497 . 68 feet to a point ; 30 . 181° 00 ' 307 . 60 feet to a point ; 31 . 258° 00 ' 140 . 74 feet to a point ; 32 . 188° 49 ' 30" 106 . 80 feet to a point ; 33 . 170° 53 ' 443 . 95 feet to a point ; -3 - 34 . 268° 39 ' 20 . 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4 ) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin : 35 . 272° 51 ' 57 . 35 feet to a point ; 36 . 267° 36 ' 189 . 05 feet to a point ; 37 . 269° 43 ' 203 . 15 feet to a point ; 38 . 275° 15 ' 223 . 35 feet to a point ; Thence , for the next three (3) courses following along middle of stonewall and along Royal Patent 1098 , Land Commission Award 614 to Charles Hall : 39 . 268° 14 ' 434 . 20 feet to a point ; 40 . 275° 04 ' 236 . 30 feet to a point ; 41 . 262° 13 ' 206 . 40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less . (Refer to Parcel 1 as shown on Exhibit "A" ) . SECTION 2 . Section 25-88 , Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Halekii , Keekee 1st and 2nd , Ilikahi , Kanakau 1st and 2nd , Kalukalu 1st, 2nd and 3rd and Onouli 1st , South Kona , Hawaii , shall be Agricultural (A- la) : - 4 - PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1557 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station " PUU CHAU" , being 601 . 01 feet North and 2 , 479 . 11 feet East and running by azimuths measured clockwise from True South : 1 . 334 ° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point : Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left with a radius of 705 . 00 feet, the chord azimuth and distance being : 2 . 298° 34 ' 831 . 43 feet to a point ; 3 . 262° 26 ' 397 . 26 feet along the remainder of Grant 1176 to Kini to a point ; Thence , following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being : 4 . 277° 14 ' 329 . 53 feet to a point ; 5 . 292° 02 ' 85 . 32 feet along the remainder of Grant 1176 to Kini to a point ; Thence , following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 5 - 30 . 00 feet , the chord azimuth and distance being : 6 . 337° 02 ' 42 . 43 feet to a point ; 7 . 22° 02 ' 35 . 26 feet along the remainder of Grant 1176 to Kini to a point ; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705 . 00 feet , the chord azimuth and distance being: 8 . 6° 12 ' 384 . 70 feet to a point ; 9 . 350° 22 ' 60 . 05 feet along the remainder of Grant 1177 to Kamakahiona to a point ; Thence , following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645 . 00 feet, the chord azimuth and distance being : 10 . 6° 42 ' 30" 362 . 96 feet to a .point ; 11 . 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point ; Thence , following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius or 705 . 00 feet , the chord azimuth and distance being : 12 . 6° 06 ' 411 . 07 feet to a point ; 13 . 349° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point ; Thence , following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645 . 00 feet , the chord azimuth and distance being : -6 - 14 . 3° 07 ' 311 . 35 feet to a point; 15 . 17° 05 ' 307 . 17 feet along the remainders of Grant 1464 to Ialua and Grant 1576 to Lohi to a point ; Thence, following along the remainders of Grant 1576 to Lohi , Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130 . 00 feet, the chord azimuth and distance being: 16 . 349° 47 ' 1036 . 55 feet to a point ; 17 . 322° 29 ' 272 . 49 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence , following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870 . 00 feet, the chord azimuth and distance being: 18 . 352° 50 ' 30" 879 . 41 feet to a point ; 19 . 23° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole to a point ; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze , the direct azimuth and distance being : 20 . 78° 08 ' 30" 958 . 38 feet to a point ; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being : 21 . 57° 14 ' 50" 1532 . 00 feet to a point ; -7- Thence , for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole : 22 . 160° 00 200 . 00 feet to a point ; 23 . 149° 00 ' 452 . 00 feet to a point ; 24 . 160° 51 ' 628 . 00 feet to a point ; 25 . 152° 30 ' 327 . 00 feet to a point; 26 . 182° 19 ' 313 . 00 feet along the remainders of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point ; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah : 27 . 171° 27 ' 400 . 00 feet to a point ; 28 . 161° 20 ' 606 . 00 feet to a point ; 29 . 175° 16 ' 440 . 00 feet to a point ; 30 . 182° 42 ' 30" 1190 . 00 feet to a point ; 31 . 155° 00 ' 489 . 00 feet to a point ; 32 . 181° 00 ' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 33 . 153 ° 00 ' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 34 . 179° 00 ' 126 . 72 feet along the remainder of Royal Patent 1670 to John D. - 8- Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions to a point ; 35 . 247° 00 ' 285 . 65 feet along Grant 1651 to Charles Hall to a point; 36 . 254° 30 ' 930 . 00 feet along Grant 1651 to Charles Hall to a point; 37 . 246° 00 ' 770 . 00 feet along Grant 1587 to John Peters to the point •of beginning and containing an area of 372 . 010 Acres, more or . less . All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof herein after referred to as "subject property" ) . SECTION 3 . 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 . B . The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205 , Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District . C. The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject property with the acceptance of the prevailing facilities charge for the 499 units of water by the Department of Water - 9 - Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the 500th lot within the development area, the applicant shall secure the necessary "Water Commitments" and comply with the Department of Water Supply' s "Water Commitment Policy" for the remaining units of water for the proposed subdivision and golf course development . D . Subdivision plans for any portion of the subject property for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance . E . A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable . F . All electrical and communication utilities and systems within the subject property shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site . G . A Flood Study of the subject property shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the subject property . Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works , prior to the issuance of Final Subdivision Approval for the subject property . - 10- An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans : 1 . an archaeological data recovery plan for the sites to undergo data recovery, 2 . a detailed interim protection/preservation plan for the sites to undergo preservation, and 3 . an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property. Should any unidentified sites or remains such as artifacts, shell , bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken . J . A solid waste management plan shall be prepared meeting with the approval of the Department of - 11 - Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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 . A final comprehensive public access plan, to be developed in consultation with community groups , shall be submitted to and approved by the Planning Director prior to final subdivision approval , or any land alteration activity, whichever comes first . The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses, parking area (s) , signage, emergency response considerations, restrictions on use (if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements; provided, that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e .g. , Conservation District Use Approval , Special Management Area Use Permit , etc . ) ; provided, further, that the applicant shall be responsible to comply with the following terms and conditions : 1 . An area comprising twenty-five percent (25% ) of the total park area , as shown on Exhibit "E" attached hereto and made a part hereof , shall be developed and improved by the applicant or its agent in phases within five (5) years from - 12 - the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; 2 . Upon opening the first phase of the park area , a minimum of twenty- five (25) public parking stalls in addition to parking stalls for residents, guests, and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food gathering purposes over designated vehicular and pedestrian access routes subject to restrictions which limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike . The number of parking stalls shall be increased commensurately with the approval of additional park phases in accordance with the public access plan; and 3 . The public shoreline access plan shall also integrate where appropriate, any public accessway (s) to interpretive trail system (s) and to the historical and archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources in conjunction with the detail mitigation plan for the park area situated in the Conservation district . - 13 - L . Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of its privately owned coastline park and trails; provided, that restrictions will be allowed to be established by the applicant, subject to the approval of the Planning Director, to promote public health and safety and the general security of the premises for residents and guest of the project to protect the area ' s pristine condition, and to minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall retain ownership of its coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions . This condition shall not be applicable to any roadway, trail or other rights-of-way, which are deemed public highways or trails as defined in Chapter 264 , Hawaii Revised Statutes; M . Roadway improvements and access (es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : 1 . construct the channelization and signalization of the Mamalahoa Highway-Haleki ' i Street intersection ; - 14 - 2 . determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass , the requirement shall be deemed fulfilled upon the county' s formal initiation of condemnation action (s) for such segments and an agreement has been entered into between the applicant and the county providing for the applicant ' s reimbursement to the county for the acquisition of the lands condemned; 3 . construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Keauhou and Haleki ' i Street shall be completed and available for public use prior to the occupancy of any dwelling unit within the entire project area; 4 . construct the extension of Haleki ' i Street through the subject property as generally reflected in Exhibit `B', which phasing of improvements shall be approved by the - 15- Department of Public Works . If, before the completion and opening of the entire Mamalahoa Highway Bypass , a portion of said bypass is completed and opened, and said portion provides a connection to Haleki' i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki' i Street improvements . The purpose of this condition is to prevent the use of Haleki' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and 5 . provide roadway stub-outs, generally shown in Exhibit "B', to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works . The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works . The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings , as required by the chief engineer, to reduce the impacts of noise and light on the residents therein - 16- and to generally beautify the highway appearance in such locations ; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant , less the pro rata portion attributed to the subject property; N . In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, K, and M, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel . Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements . -17- 0. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads . The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot , and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments . If the subject property is subdivided in two or more increments , the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment . The fair share contribution for each lot, except for lots larger than ten acres in size or which are committed exclusively for golf course and park purposes, shall be based on the maximum allowable density of building sites as determined by the zoning of such lot . 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 $7 , 239 . 16 per lot. Based upon the applicant ' s representation of intent to subdivide and develop up to 400 lots , the indicated total fair share contribution is $2, 895, 664 . 00 , however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition 0. - 18- The fair share contribution shall be allocated as follows : 1 . $3 , 490 . 85 per lot , for an indicated total of $1, 396, 340 . 00 to the County to support park and recreational improvements and facilities ; 2 . $168 . 40 per lot , for an indicated total of $67, 360 . 00 to the County to support police facilities ; 3 . $332 . 61 per lot , for an indicated total of $133 , 044 . 00 to the County to support fire facilities ; 4 . $145 . 62 per lot , for an indicated total of $58, 248 . 00 to the County to support solid waste facilities ; 5 . $3, 101 . 68 per lot, for an indicated total of $1, 240 , 672 . 00 to the State or County to support road and traffic improvements . The fair share contributions 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 and contribute improvements/facilities related to parks and recreation, fire , police, solid waste disposal facilities , and roads within the region impacted by the proposed development , subject to the approval of the director. The cost of constructing the improvements required in Conditions J, K and M shall -19- be credited against the sum specified in Condition 0 (4 ) for solid waste facilities, Condition 0 (1) for parks and recreation, and in Condition 0 (5) for road and traffic improvements . For purposes of administering Condition 0, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies . P . Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. 0 . 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 . P . 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 . - 20- S . 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 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 . 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 or more appropriate designation . -21- SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 5 . This ordinance shall take effect upon its approval . INTRODUCED BY: i COUNCIL MEMBER, UNTY OF HAW I Hilo, Hawaii Date of Introduction: December 15 , 1995 Date of 1st Reading : December 15 , 1995 Date of 2nd Reading : January 3 , 1996 Effective Date : January 15 , 1996 A'-^^'"`,EJ cs to Li .•:EL c::-_: 1' 'I Dote 1l. / - 22- r : = ar : 1 • : : • / : :: • I:, ; , : . .. • •• • i : • -' . 2 I .:. i ! r • 7 : J • I ;• i ; !6_, i . r. - i - i : ; i I : • i . = i' 1 ? ts a 3 3 1 ! • • . : : 1 • 1 ' 2 22 r . i • f 3 : 1 . ; t' : :: : - 1 : : I- ; I : f ; ii : t • -% - -. IfUi f I 1 I•6 . : •" 21' Ill tile I i s :„,.. . .. ;I;II ;.!•:;' i I 1 . ii . :-\ei ii:ii• , , • 11 ..‹.: rt••••-g, 1 •;! ; .• SI....11.1 I i 1 V 1 — ,....„.. . ., : z • 3 • g • ! g . 11 • t.• - 1 : : : i li: 1 E : t a i I -; , i :. I : . : •, ci .,-'4"."-N. i i • - . r : : I L.J.- 14 I•.!!'::. : ! g• i 1 3 : ". a 4 3 i 1 il ..,.., •v I .. ... t" ...-. le ...... • • • • .. .-- •••• _. 'j —.• I .1 .. •• •••••'..../ . ..,.. ."• . or . . , .„ ....:„ ......... 0- I • : j : : . . I?. .................... ...—.-. I i • II 1 . •- ; ' • • • .r I . • ..hor . • II011 : : I . . ..-. •.10111 •i : : / I 1 1. .... ••• . Pr •- i. I ill •,!•1i1 ! • . I: .11Thi; : ! • 1 1 . h 11 ---- • _ fi1llip if ! , I ii —— =-•-__---:-:;---.. --I------- i = i: :;f.i :: : ! f - -----,. ._, __.._;,.•..i.• I_—._...•„_ ___L.u,-ll--...-...-..,"-•.. --_—..„ -__!:.1-ii. . i„ii,-i.,..t:.. , II.i/YiJir:1 - . .„, - „ ___ _ Lg . ..:-..-..-‹:,•'7-::,„-'/•'-.. • I1 • : .. _ _ , , ___________,_ ,___ , • ........ ...; •- - . _. .... _ ...., ._. :-, , ----I . , . , k , ..f*::!:.T...-=,-- ,:-.••••-• :i __ i - •. =, 77 i.,•••• •':• — ••• / — •• n_____ ..._ , _ , . i— ; :,-,-.• w• • , --.— — • -_. - . .— % - i •• - .. . :- - . - - '..—) :1 —_-5 . .. . I.,/ ,•.. _:...--- •• I .Nii?\1 - i .......•.....-. •-. ••1 ,------.......-.......-- ..--,..-.--....... ----- _.--._...- • - .... LI' _ _____ -. ‘____ ; .,1..11 , ...... . , ;! • , . . . . _ . . . . ,J .. .. ....._- , .• . I ; . . / . _ - , .. , _____, --c-r------------_._, .• %.• • . ---------- -----------, ..b. 1 .. I •---- /.. ; .!. 2 . '•\., • ...... .'"',... ". ...*1 • .. . i .., : I " & 1 '"'- li I • I i i*I ) . . . :_- --- . - ( r --___/-- '• - 1" 1 ..' - -- .-------__ .-- -..--- •-% ) ---- _:* — .. " / . -. . • r: ! • i _r...-_=,,,_• ' : s -,., • • . L.C......,e1. , ........... ... ...... - . •••----.-' L.! 4 H •I.--/::17_ ----.....-_. ...' ,•••• • • . •------: i..., -._ 1 -----.77---••• , ---.., . '7•:- ..‘--":i . -----.----__.......Jer.... . :,.-,:.3-...., . - -.---=-/ -. • ( ; 1----i---- :: ?\ I 1. : • : . / fs. ...! t :I 18 I-4 '• •.-- - : ' I • , s;!:I '.....:1 1 '''' :I : ';•4 .._ .• s—.. • . ..i - .. .. .. -- •• •'• • • ..•''''..-...j. 1 1.1. 7.!i tZ-) I '' z . Z p _ . m - _ 2zo - _ ` Lu 03 ,) . . 11.1C/) t 1. C1. - 1 f rf • ��.`'" : :;i, ( ^,� Vic `. C- ; l".,( / ---- — '.1• / . ' \ \ .. 4, : --s' •.:'s ---,:'• .— I I •-• 4.. -- - •).'-'_1 1-1 . TT , . j :----",--,-- -1i ..:- ;* -'''. -.17;;•!: :-,,,...,...m_.. ii i... •• , .. i -- --- , - .....7.4„4 .11;4:4?'::-• • *--ii;...,v.- •1-7•• '71 i>.. I- • t:‘ • 00- (--•,. . -t--------4--2 ----., • 1 -yli1 < � ! J i E : :f- „. • lin, e j iI • �..%i� ryi ,t .--_,..-____',/7..- %;:- '�?iAr ' .101p �." �i. } t - we. . ..dismi.44,00 -ta V.i. tee - --11...1.-1:.;%r i-.1§ %Pe • ��. 4 y e Ian. SCJ , , ,�tj, �\\i, !� a • ;/ 'r ,r I 1;,i,/,=/.-,7*flpy. -.L.N ;1)1 -&VA jrzA,A4k,g75/1491;ei ./.1j,$'"'-;- �mo�i• / f,..."....bffy -4 'i• ,I;i'',#) I fr /1 .'s ,0* Ail i . 1. :- t • 1 '�1 • 6., cb �-'.— 1...- _ ' iii t .'�-r '---'&t AA ,, L‘y-, . -, ---, •••- / tir „AP • .,. fi [12 evisocititi 15 ir ,a....,k_. -V; .( W.2,'%....r.. .78! ,/ ‘ , ,•< , :::( J -) Y • •; Al ir._ ,- . s.-" ..,..< ?:5 igilifla , i ‘..: . ,. a• - I f,e• '-....1.—:./.• j- V., ..:1';‘ .; -1 :. .---tia Tag.,, .,„. :-.4. -1.. !.i.i 1 te,,.. 464 II, 4, if, )4.i.srairir z,,--_,..•••-• .0 14 . jr.11.! .). .. • ,,. • •,,ai,4 .... ,„ .• /... .r , ....,_,.. . ,. . . ,, "' a,:. _L. V.1110 .-"r•••igotY V -,"— ‘0,1 -IY/0.41,f/.2s ealICR. 'A -*. .;,;.• -:• -.. -Si N , ,, -.. ..... , • , ,---,...... - iogsyskIr , , , - - i i , . .. . • .-;.. .._: „ --, c ,-..-...,1 2-- ( ! Ii,,411045- 047.......... i•--„;t • .f : N.• N....„0,,,ek \ % • •-, ' i,..n4 ii404" olip • : • . 4 . 7.• „ .., ::: \,,ii .-..o.' s, • ,....1...( ; --/ .. • ,i !---i C i i....!.. :., : I.T r. , - 4 ' ' '1 : ..1--4- V- ( --•,r-Y,-- -.r)4-14Egaia • -0 -. . ..$4.,. r ' „.. •I -", 1 .1. -----/.4.....j-i4:-.(..,. ...s .•;--1--4.I \ r $ 0 7.1 (..i, — '___f_. •-i___..._, a .�.`,-;:_lam' O H • 114/ 5.7-z.q-7 -.. 1 • s. 'N 1 -C.) . •• t. ( ------ , : • i--4 :,-.7 s ) 1 j L.•- ••••;-4 .1% •• I • • ;`1. ":77-4 ,' �ice,' f , ' f' : 1 ; i.) _; • i if *( • �.?.�-,• ter.. •. ; �:I •� v, _74, • r • _!I In • -1 ' ' : ••• rt . •• 1 • 7 .1 I. ..... . I , .;;\‘..,• Visici. . • ... I ...- 1. • • ' %•i..! II.. -.• .segt - • - • . g‘.. ''r ' ),.1 •. .. .. • .,r_ m,,,,k..• ,,,,,J,....41 , . ..:_.,F: . ) • . d. •:- "•., qtroz.fp•P• ,' =.1. , , ......., -. . ...../t:1•• ( / .I. .- E . '‘• :5- lilsir4 \\41 , " a_,„... . ‘...--,-:;---,:..:_______ ',' . , _` `i_ . !.. t ` ' `'1' ::i / . te. /' � r /. 1. • s, t. _ \ Y:. .' : -T— • • • • ( 4 •.-iii"� :'. • ;I. -- • l r - • /. �• lY:'1 • \ I-- '''''.: • . •••• t laifiLl‘-.'.1..... ..,t .... ..,.. • •••• I : ;.••.•;„-.7 : ..•7411411rait '1' • ) • ....C. • . -% •• .M * --.- _fi •�l ••• -..• _ • )rats. -.:r • �•Z-'1. • e �� • \\Zl.l•:: �! •,A •lam -J 11 ,Nt •1,,4 -pr . I7NC�� l . OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii R E C r. ' • (DRAFT 4) '96 JAN 16 f1111 7 57 ALL VOTE • /6.9 I-I T t'NGIt, w tvQS E luced By: Takashi. DomingoArakaki X Introduced: December 15, 1995 leading: December 15, 1995 Bonk-Abramson X :hed: N/A Childs X De lima X IRKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 ( DRAFT 5 ) ROLL CALL VOTE I Reading: January 3 , 1996 AYES NOES ABS E yor: January 4 , 1996 Arakaki X ied: January 16 , 1996 X ye: January 15 , 19 9 6 Bonk-Abramson hed January 24 , 1996 Childs X De Lima X RKS: Domingo X Osorio X Rath X Ray X Smith X 7 2 0 YEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as ted above. t -e(-2) •-. 4.,,.._______ COUNCIL A4/.4.e CHAIRMAN .ik COUNTY CLERK ,ed/Bi� pprr arvtd this /� day ZR"'"1--'47 , 19 (16 . 1.1C'C 1 L G1OIL :. COUNTY • •: WAIL• Bill No.: 158 (Draft S ) Reference: C-734/PC-98 S Ord No.: Yant,shiro .i`�y�_y- • Jam, y' -!/ al. �T:ESO &aunf' nd pZIfintii PLANNING COMMISSION 25 Aurum(Scrcu.Room 109 • 1(ito,llaw.i( 96720.425Z (806) 961.8286 Fa^(808)961-9615 fRTIFIED MAIL 'vember 5, 1993 . Richard Frye, Project Manager eanside 1250 -5620A Palani Road, Suite 200 ilua-Kona, HI 96740 ar Mr. Frye: ange of Zone Application (REZ 93-5) quest: Agricultural-5acre (A-5a) and .Unplanned (U) to Agricultural-lacre (A-la) ; e Permit Application (USE 93-2) quest: 27-Hole Golf Course, Golf Clubhouse, Driving Range and Related Improvements ecial Management Area (SMA) Use Permit Application (SMA 93-1) questr 27-Hole Golf Course, Driving Range, Public Shoreline Access and Related Improvements plicant: Oceanside 1250 K: 7-9--6:portion of 1; 7-9-12 :portions of 3 , 4 , 5 & 11 ; and 8-1-4 :portion of 3 a . Planning Commission at its duly held public hearing on tober 27 , 1993 , voted to recommend the approval of the )ve-referenced Change of Zone request to the County Council . a Commission also voted to approve the above-referenced Use and Special Management Area (SHA) Use Permit applications. subject properties are located makai of the Mamalahoa ;hway, makai of Kealakekua Village, Halekii , Keekee, North and ith Kona, Hawaii . Commission voted to recommend approval of the Change of Zone the County Council subject to the following conditions: EXHIBIT D + E Mr. Richard Frye, Project Manager November 5, 1993 Page 2 A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval . B. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this ordinance or relating to- or connected with the approval of the ordinance. C. The effective date of the rezoning shall be upon: (1) the execution of an agreement, meeting with the approval of the Water Commission of the County of Hawaii , to assign water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject properties within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by- the Department of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty (180) days from the effective date of this ordinance. D. Subdivision plans for any portion of the agricultural-zoned area within the project site shall be submitted to the Planning Department and Final - Subdivision Approval secured within five (5) years from the effective date of this ordinance as determined in Condition C. E. 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. F. All electrical and communication utilities and systems within the project site shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site. r. Richard Frye, Project Manager ovember 5, 1993 age 3 G. A Flood Study of the project site shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the Agricultural-zoned area within the project site. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the residential-agricultural development. H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans; (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the project area. 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 it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the 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. Mr. Richard Frye, Project Manager November 5, 1993 Page 4 K. Access (es) to the project site shall be constructed in a manner meeting with the approval of the Departments of Transportation-Highways Division and/or Public Works, whichever is applicable, for the following roadway improvements which shall be completed prior to the issuance of Final Subdivision Approval for any portion of the residential-agricultural subdivision within the project site: (1) the channelization and signalization of the project site's Mamalahoa Highway-Haleki'i Street intersection; (2) the construction of- the Mamalahoa Highway ByPass, consisting of two 'lanes with sufficient right-of-way to accommodate its expansion to four lanes, along its general alignment as shown in Figure 20 of the Villages at Hokukano Final Environmental Impact Statement (FEIS) dated September 1993 ; (3) the construction of channelization improvements to the ByPass at its intersections with Kuakini Highway, Mamalahoa Highway/Napo'opo'o Road and Haleki' i Street; and (4 ) the construction of the project's main access roadway extension from Haleki'i Street along the general alignment as reflected in Figure 4 of the FEIS with provisions for a stub-out along the project site's northern boundary to accommodate its future connection with the Alii Highway. L. Infrastructural improvements as required under Conditions E, G and K shall not prohibit the Applicant from participating in a Development Agreement or any other agreement together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, appropriate agencies or the County Council , whichever• is applicable, to ensure the provision of necessary infrastructural improvements to support the proposed development in a timely manner. M. The Applicant 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 road and traffic impacts, as required in Conditions K and N. N. The Applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to park, fire, police, solid waste disposal facilities, sewer and roads . The fair share Richard Frye, Project Manager )vember 5, 1993 &ge 5 ' contribution shall be initially based on the representations contained within the change of zone application and may be increased or 'reduced proportionally if the residential-agricultural lot counts are adjusted. A pro rata portion of the contribution, based • upon the density of the land affected, shall become due and payable, at the discretion of the Planning Director, in the event the Applicant conveys an ownership, leasehold, or controlling development interest in the land prior to receiving its subdivision approval of any portion of the agricultural-zoned area within the project site. Otherwise, said contribution shall be satisfied in conjunction with the receipt of Final Subdivision Approval of the affected land. The fair share contribution for each residential-agricultural lot shall be based on a maximum density for each lot as determined by the applicant with the concurrence of the Planning Director. The fair share contribution in a form of cash, land, 'facilities, or any combination thereof shall have a maximum combined value of $ 4 , 701, 205. 74 . In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies) . O. The Applicant shall conform, to the best extent practicable, with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code, in the construction of dwellings within the project site. P. The Applicant shall contribute its fair share of costs attributable to school facilities made necessary by the project, provided that the contribution of Applicant's fair share shall be paid no later than the date upon which Final Subdivision Approval is obtained for the two-hundredth and first (201st) lot of the small lot subdivision. Q. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. Mr. Richard Frye, Project Manager November 5, 1993 Page 6 R. 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. S. 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. T. 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 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. 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 or more appropriate designation. e Permit No. 115 is hereby issued to construct a 27-hole golf urse, golf clubhouse, driving range and related improvements . proval of the Use Permit is based on the following: In considering a Use Permit for a proposed 27-hole golf course and rel :-F---d improvements, Rule 7 of the Planning r. Richard Frye, Project Manager Dvember 5, 1993 age 7 Commission relating to Use Permits require that such action conform to the following guidelines: (a) The proposed use will still be consistent with the general purpose of the zoned district, the intent and purpose of this chapter, and the County General Plan; . (b) The proposed use will not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character or to surrounding properties; (c) The proposed use will not adversely affect similar or related existing uses within the surrounding area, community or region; and (ci) Thv Proroscd use will not unreasonably burden public agencies to provide voads and virecLu, sewer, water, drainage, schools, police and fire protection and other related infrastructure. Non-conformance with any of the above-mentioned guidelines would require that the requested Use Permit be denied. The establishment of a 27-hole golf course and related facilities within the County's Unplanned (U) zoned district will not be inconsistent with the general purpose of that zoned district, the intent and purpose of the Zoning Code, and the General Plan, provided adequate mitigating conditions are met. • The subject request will provide a form of perpetual open space, thus, maintaining the current open character of the surrounding area to the north and south along with its natural and scenic qualities. The proposed development would, therefore, be consistent with the policies of both the Recreation and Open Space elements of the General Plan which state that recreational facilities in the County shall reflect the natural, historic, and cultural character or the area , and that the recreational use should be compatible with the adjacent areas. The project site is characterized as predominantly pastureland used for cattle grazing. Located makai of the project site on the boundary of North and South Kona is the cinder cone Pu'u Ohau, or Red Hill which is a prominent feature in the middle of the property, near the coast. No improvements are presently being Mr. Richard Frye, Project Manager November 5, 1993 Page 8 proposed within this area, which is located within the State Land Use Conservation District. Also located makai of the project site along its northwestern boundary is the historic Hokukano Village. An archaeological inventory survey of the entire Villages at Hokukano project site located evidence of features associated with the Kona Field System, primarily the rectangular walled fields formed by kua' iwi walls. Other features associated with the walled fields consist of intermittent mound concentrations, terraces and modified outcrops. The Survey located 807 structural and non-strnr-tural features which were subsequently organized into 47., •ites and site complexes, some of which were Jr . Ited within the golf course project site. Of this total, 1 of these sites are recommended for preservation; sites are recommended for selective preservation, and 2:") sites are recommended for data recovery. These findings w'-re supported by limited subsurface testing conducted at nine probable and possible burial sites, one agricultural mound complex, and within two extensive lava tube systems. Fourteen sites within the project area were interpreted to be possible heiau or shrine structures, with one major structure known as "Ukanipo". Sites intended for selective preservation include the Kuakini Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the ahupua 'a boundary walls. Preservation is recommended for all confirmed burial sites, all confirmed and probable heiaus, and all major lava tubes. The Applicant intends to preserve the King's Trail or Ala Loa in its present location, with slight modifications if necessary. Possible burials, if not preserved "as is" , will be treated in a manner as prescribed by the State Department of Land and Natural Resources (DLNR) -Historic Preservation Division. A detailed archaeological mitigation and interpretation plan, meeting with the approval of the Planning Director in consultation with the DLNR-Historic Preservation Division, is recommended prior to the submittal of plans for Final Plan Approval review of the golf course or any land alteration activities . The granting of this proposal would complement the goals of the General Plan's Recreation Element which states to "Provide a diversity of environments for active and passive pursuits" and to "Provide a wide variety of recreational opportunities . be further achieved through the development sofe gaapublic ls 1play program at the propose golf course which will be implemented prior to commencing operations. • Ir. Richard Frye, Project Manager lovember 5, 1993 )age 9 Golf courses are permitted uses within the State Land Use Agricultural District provided that the affected lands are not classified either "A" and "B" soils by the Land Study Bureau. The Land Study Bureau's Overall Master Productivity rating for agricdltural use of the golf course project site is Class "D" and "E" or "Poor" and "Very Poor", respectively. Therefore, consideration of a golf course within these State land use parameters is permissible. The granting of the proposed use will not be materially detrimental to the public welfare hor cause substantial adverse impact to, the community's character or to surrounding properties. The character of land use in the immediate area consists largely of pasture and vacant lands to the north and south of the golf course project site. Located makai of the project site on the boundary of North and South Kona is the cinder cone Pu'u ohau, or Red Hill which is a prominent feature in the middle of the property near the coast. Also located makai of the project site along its northwestern boundary is the historic Hokukano Village. Pu'u Ohau and Hokukano Village or located within the coastal portions of the affected properties and designated Conservation by the State Land Use Commission. Located to the east (mauka) are the Kona Scenic and Keekee Estates subdivisions and the town of Kealakekua. Approval of the proposed golf course in this particular location would expand on the open space character to the north, south and west (makai) of the project site, thereby complementing the open space character of the Conservation District along the coastal area fronting the project site as well as reducing urban development pressure on the nearby historic Hokukano Village. The siting of the clubhouse, driving range, parking areas, maintenance facility and related improvements will consider the historical, open space, and cultural elements located within and adjacent to the project site during plan approval review. The Planning Department' s Guidelines for Golf Course Development will be utilized to assure that adjacent properties will not be adversely affected by direct play on the golf course (i . e. errant golf balls) . In addition, the central location of the clubhouse and its related facilities will take advantage of the landscaping elements within the golf course to mitigate any adverse visual impacts to surrounding properties as well as from coastal areas. Due consideration by the Applicant in the siting, height , bulk, color schemes, and landscaping of golf Mr. Richard Frye, Project Manager November 5, 1993 Page 10 course-related structures will be required to mitigate any adverse noise and visual impacts. The granting of the proposed use will not adversely affect similar or related existing uses within the surrounding area, community, or region: Kona Country Club, a resort golf course located in Keauhou, is the only existing course in the immediate region. The Kona Country Club golf course is oriented for resort and public play, while the proposed golf course will be oriented toward private membership play. Therefore, it is not anticipated that this approval would affect the operations of the Kona Country Club. Located approximately 16 miles to the south of the project site in Opihihale is the proposed Akahi Golf Course, which received the Planning Commission's approval in 1992.. While the proposed Akahi Golf Course is also planned as a private membership course; it is anticipated that the distance of these project sites from one another would assist to negate any adverse affect to the operation of either golf courses. All essential utilities and services required for the development of a golf course and related facilities arc or will be made available. Conditions of approval relative to the provision of such services are being proposed. Primary access to the golf course and clubhouse facilities will be provided through an extension of Haleki'i Street. Haleki'i Street, which has a pavement width of approximately 34 feet with gutters and sidewalks within an 80-foot wide right-of-way. Haleki' i Street is currently channelized as a "T" intersection with separate left and right turn lanes at its intersection With the Mamalahoa Highway. A Traffic Impact Study prepared by the Applicant found that the traffic signal warrant for this intersection has been marginally met based on existing traffic volumes. Therefore, it is recommended that signalization of this intersection and its attendant improvements be provided prior to commencing operations at the golf course. The General Plan Facilities Map delineates this Haleki' i Street extension as a major arterial in a makai, then north, direction to its eventual connection to the proposed Alii Highway Extension. This approval is also conditioned upon the extension and construction of this Alii Highway-Haleki' i Street extension along its general mauka-makai alignment as shown on the General Plan Facilities Map in accordance with county dedicable standards meeting with the requirements of the Department of Public Works, concurrently with the golf course development. No golf cart paths shall gain access Ir. Richard Frye, Project Manager november 5, 1993 Dage 11 across the this extension. Further, the Alii Drive-Haleki' i Street extension shall be open to the public or may be dedicated to the county. To eliminate impacts through the possible future development of residential lots along the Alii Drive-Haleki ' i Street extension, no direct access shall be permitted from lots adjoining this roadway. Main access to any residential lots shall be from interior roadway systems. The Department of Water Supply has issued the Applicant 499 water commitments, which is sufficient to support the golf clubhouse activities. A water assignment agreement and commitment payment will be required from the Applicant prior to the submittal of golf course plans for Plan Approval review. An "Evaluation of Water Resources for Hokukano Project" was conducted by the Applicant which found that for general planning purposes, the proposed golf course would demand approximately 900, 000 gallons of water per day for irrigation purposes. The Applicant has drilled an irrigation well within the project site to explore the use of brackish water to supplement its golf course irrigation needs . The pilot irrigation well indicated promising results for its possible use as a .brackish water source for irrigation purposes. In addition, the provision of on-site retention basins and storage reservoirs within the proposed golf course will provide another supplemental source of irrigation water through the use of excess runoff. A condition of approval will require the Applicant to establish an irrigation water source of sufficient quantity and quality to support the total irrigation needs of the proposed golf course, prior to the commencement of operations at the golf course. All other essential utilities and services are or will be made available to support the proposed golf course, golf clubhouse, driving range and related improvements. )roval of the Use Permit is subject to the following editions : 1 . The applicant, successors or assigns shall comply with all of the stated conditions of approval . 2 . The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or Ir. Richard Frye, Project Manager 4ovember 5, 1993 'age 12 relating to or connected with the approval of this permit. 3 . The Applicant shall provide assurance(s) satisfactory to the Planning Director, upon consultation with the Department of Land 'and Natural Resources-Commission on Water Resource Management and the Department of Health, that a water source(s) of sufficient quality and quantity to support the total irrigation needs of the golf course be established prior to the issuance of a certificate of' occupancy or opening of the golf course, whichever occurs first. 4 . Final Plan Approval for the proposed golf course and related improvements shall be secured from the Planning Director. In the design and review of any improvements, noise and visual impacts shall be minimized through appropriate siting, height, bulk, color schemes, and landscaping. The Planning Director shall determine the related improvements and accessory uses to the golf course not inconsistent with the applicable provisions of the Zoning Code at the time of plan approval review. 5 . Construction of the golf course and related improvements shall be completed within five (5) years from the date of receipt of Final Plan Approval . 6 . A detailed drainage study shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of plans for Plan Approval review of the golf course. The Study shall take into consideration the tile drainage system, retention basins and "Reduced Turf" design to be incorporated within the golf course. A drainage system shall be installed meeting with the approval of the Department of Public Works , prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first . • 7 . In the design of the golf course, the County of Hawaii Planning Department's Guidelines for Golf Course Design (November 1989, as amended) shall be utilized. The Planning Director shall determine appropriate setback requirements ( i .e. building and property line) at the time of plan approval review. Easements for golf course purposes over and across abutting lots, either Richard Frye, Project Manager )vember 5, 1993 •ge 13 existing or proposed, shall not be permissible, except as may be approved by the Planning Director. 8 . The Alii Drive-Haleki' i Street extension shall be constructed as an arterial along its general mauka-makai alignment as shown on the General Plan Facilities Map to County dedicable standards, meeting with the approval of the County Department of Public Works. The mauka-makai alignment of Alii Drive-Haleki' i Street shall be installed prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first. The Alii Drive-Haleki' i Street extension shall allow for perpetual public use by easement or be dedicated to the county. No golf cart path shall be permitted to cross over the Alii Drive-Haleki' i Street extension, except as may be approved by the Planning Director and Chief Engineer. Furthermore, direct access from future residential lots adjoining this alignment will not be permitted. 9 . Intersection improvements at the Mamalahoa Highway-Haleki' i Street intersection, including traffic signals and channelization, shall be installed in a manner meeting with the approval of the State Department of Transportation and the County Department of Public Works, prior to issuance of a certificate of occupancy or golf course opening, whichever occurs first. 10. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations , prior to submitting plans for plan approval review. The Plan shall consist of three subplans; (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3 ) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alteration activity within the project area. The Plan shall also include a detailed map of known lava tube/cave systems located within the project site and Mr. Richard Frye, Project Manager November 5, 1993 Page 14 mitigative measures to ensure that the golf course and related drainage systems do not impact these cave systems. 11. Should any unanticipated archaeological sites or features be uncovered during land preparation activities, work within the affected area shall immediately cease and the Planning Director immediately notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director. 12 . The use of pesticides and herbicides in conjunction with all phases of operation shall conform with the applicable regulations of appropriate governmental agencies. 13 . During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices Utilized during construction projects of the State of Hawaii . 14 . Prior to construction, the applicant shall demonstrate to the satisfaction of the Planning Director that all proposed off-site construction material such as topsoil or sand are being supplied from an approved quarry or resource site. 15. A program for public play at the proposed golf course shall be developed meeting with the approval of the Planning Director, prior to the issuance of a certificate of occupancy or the opening of the golf course, whichever occurs first. The Program shall include, but not be limited to, the provision of public play, at kama'aina rates, at least one (1) day per month. 16. The Applicant shall establish a program for employee housing and which shall be submitted for the review and approval of the Planning Director and Housing Agency together with the submittal of plans for plan approval of the golf course and clubhouse. The program shall include provisions for on-site or off-site housing for the employees at a ratio to be determined by a study of surrounding housing opportunities and employee needs. The ratio shall be no less than 10% and no more than • r. Richard Frye, Project Manager ovember 5, 1993 age 15 50t of the number of employees . The program may also include consideration for other alternatives such as rental housing subsidies or housing allowances. The approval of the program shall be secured prior to the issuance of a certificate of occupancy with the golf course. 17 . A job training program for the operating phase of the golf course and golf clubhouse shall be developed and submitted to the Planning Director for review and approval prior to the issuance of a certificate of occupancy or opening of the golf course, whichever occurs first. 18 . Comply with all other applicable laws, rules, regulations and requirements, including those of the Departments of Health and Public Works. 19 . An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. •This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. • 20. An initial extension of time for the performance of conditions within the permit may be .granted by the Planning Director upon the following circumstances: a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, ' and that are not the result of their fault or negligence; b) the granting of the time extension would not be contrary to the general plan or zoning code; c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) the time extension granted shall be for a period not to exceed the period originally granted for performance ( i . e. , a condition to be performed within one year may be extended for up to one additional year) . Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke the permit. Mr. Richard Frye, Project Manager November 5, 1993 Page 16 Special Management Area (SMA) Use Permit No. 345 is hereby issued to construct a 27-hole golf course, driving range, public shoreline access and related improvements. ;pproval of the Special Management Area (SMA) Use Permit is based Dn the following: The purpose of Chapter 205-A, Hawaii Revised and Rule 9, Special Management Area Rules and Regulationssof the County of Hawaii is to preserve, protect, and, where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within an area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options. One of the criteria for approving :a development within the Special Management Area (SMA) is that it is consistent with the General Plan and Zoning Code. The construction of portions of a proposed 27-hole golf course, driving range, public access improvement and other related improvements within the Unplanned (U) zoned district will not be inconsistent with the general purpose of the Zoning Code, and the General Plan, provided adequate mitigating conditions are met. The subject request will provide a form of perpetual open space, thus, maintaining the current open character of the surrounding area to the north, south and west (makai) along with its natural and scenic qualities. The proposed development would, therefore, be consistent with the policies of the Recreation and Open Space elements of the General Plan which state that recreational facilities in the County shall reflect the natural, historic, and cultural character of the area, and that the recreational use should be compatible with the adjacent areas. The project site is characterized as predominantly pastureland used for cattle grazing . Located makai of the project site on the boundary of North and South Kona is the cinder cone Pu'u Ohau, or Red Hill which is a prominent feature in the middle of the property near the coast. No improvements are presently being proposed within these areas, which are located within the State Land Use Conservation District. Also located makai of the project site along its northwestern boundary is the historic Hokukano Village. The proposed golf course will not encroach upon lands located makai of the project site within the State Land Use Conservation District . An archaeological inventory survey of the entire Villages at Mr. Richard Frye, Project Manager November 5, 1993 Page 17 Hokukano project site recommended that of the 473 site and site complexes located, 179 are recommended for preservation, of which 17 are recommended for selective preservation, and 289 sites are recommended for data recovery. With the approval of an archaeological mitigation and interpretation plan by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, archaeological features will be incorporated within the golf course project site through historic parks, interpretive programs and an extensive pedestrian trail system. According to plans, an internal roadway within the northern portion of the project site will provide a public access roadway and parking area in the vicinity of the proposed 8th and 9th holes of the golf course. It is recommended that the Applicant develop and implement a comprehensive coastal public access plan for the review and approval of the Planning Director. With the approval and implementation of the comprehensive coastal access plan and the establishment of the public access area within the Conservation District, the proposal would not have any adverse effect on public access to the shoreline and would complement the goals of the General Plan' s Recreation Element which states to "Provide a diversity of environments for active and passive pursuits" and to "Provide a wide variety of recreational opportunities . . . . " Another criteria in reviewing an SMA Use Permit application is that "The development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not limited to, the potential cumulative impact of individual developments, each of which taken in itself might not have a substantial adverse effect and elimination of planning options . " The proposed improvements are not anticipated to create substantial adverse ecological effects to the affected area . No endangered species of flora or fauna were located within the project site nor were any special habitats identified. Air emissions generated during the construction phase can be mitigated by existing construction regulations. As proposed by the Applicant, native plant species, such as the Prosopis tree, Capparis, and Wili Wili tree, shall be preserved or utilized to the furthest extent possible for landscaping in and around the golf course . The use of such native plantings will be detailed in a landscaping plan to be required oC the Mr. Richard Frye, Project Manager November 5, 1993 Page 18 Applicant . Applicable and appropriate governmental regulations will be adhered to in the application and use of pesticides and herbicides within the project site. The project site is located approximately 300 feet from the shoreline. Any potential runoff or discharge which could reach ocean waters can be handled by existing construction regulations during the construction phase and on-site drainage systems during operations. Wastewater generated by the golf course clubhouse will be disposed of within a wastewater' treatment system meeting with the approval of the Department of Health. As recommended by the Department of Public Works, appropriate drainage systems will be required to accommodate runoff generated by the proposed improvements . To ensure that bo significant adverse impacts to coastal systems are generated, a groundwater and coastal water monitoring plan (s) will be required. The proposed golf course will not have an adverse impact to cultural or historical resources within the area. An archaeological inventory survey of the entire Villages at Hokukano project site located 473 sites and site complexes, some of which were located within the golf course project site. of this total , 179 of these sites are recommended for preservation of which 17 sites are recommended for selective preservation, and 289 sites are recommended for data recovery. Sites intended for selective preservation include the Kuakini Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the ahupua'a boundary walls. Preservation is recommended for all confirmed burial sites, all confirmed and probable heiaus, and all major lava tubes. The Applicant intends to preserve the King's Trail or Ala Loa in its present location, with slight modifications if necessary. Possible burials, if not preserved "as is", will be treated in a manner as prescribed by the State Department of Land and Natural Resources (DLNR) -Historic Preservation Division. - These archaeological mitigative measures were recommended by the Applicant and it' s archaeological consultant. A detailed archaeological mitigation and interpretation plan, meeting with the approval of the Planning Director in consultation with the DLNR-Historic Preservation Division, is recommended prior to the submittal of plans for Final Plan Approval review of the golf course or any land alteration activities. Mr. Richard Frye, Project Manager November 5, 1993 Page 19 Due to the open nature of the proposed golf course, viewplanes within the area will not be significantly affected by the proposed improvements. To further ensure that viewplanes will not be adversely impacted, all electrical and communication systems will be placed underground, with the exception of the 69 KV line from the Mamalahoa Highway to the proposed substation site. approval of the Special Management Area (SMA) Use Permit is subject to the following conditions: 1. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; 2 . The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or . relating to or connected with the approval of this permit. . 3 . An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for plan approval review. The Plan . shall consist of three subplans; (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alteration activity within the project area . The Plan shall also include a detailed map of known lava tube/cave systems located within the project site and mitigative measures to ensure that the golf course and related drainage systems do not impact these cave systems. Mr. Richard Frye, Project Manager November 5 , 1993 Page 20 4 . Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock . or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. 5. A detailed drainage study shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of plans for Plan Approval review of the golf course. The Study shall take into consideration the tile drainage system, retention basins and "Reduced Turf" design to be incorporated within the golf course. A drainage system shall be installed meeting with the approval of the Department of Public Works, prior to issuance of a certificate of occupancy or golf course opening, Whichever occurs first. 6 . The use of pesticides and herbicides in conjunction with all phases of operation shall conform with the applicable regulations of appropriate governmental agencies . 7. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance With construction industry standards and practices utilized during construction projects of the State of Hawaii . 8 . A final comprehensive public access plan, to be developed in consultation with community groups, shall be submitted to the Planning Director in conjunction with golf course plans submitted for plan approval review. The final comprehensive public access plan shall be developed in consultation with the Planning Director and the Department of Land and Natural Resources and shall include mauka-makai and lateral shoreline accesses; parking area (s) , signage, emergency response considerations, restrictions on use ( if any) , provision of recreational and restroom facilities at appropriate locations, and related improvements. Within one ( 1) year from the date of approval of the final comprehensive public access plan by the Planning Director, the Applicant shall apply for a Conservation Tr. Richard Frye, Project Manager fovember 5, 1993 'age 21 District Use Permit; Special Management Area Use Permit and other applicable permits/approvals to allow for the implementation of the recommendations of the approved Plan. 9 . The Alii Drive-Haleki 'i Street extension shall allow for perpetual public use by easement or be dedicated to the County. • 10. Areas of the affected properties located within the State Land Use Conservation District shall be set aside as public shoreline access areas in a manner consistent with the approved final comprehensive public access plan via covenants recorded with the Bureau of Conveyances . Upon approval of the final comprehensive public access plan, draft covenants which detail the rights, obligations and privileges of the public, the County of Hawaii and the applicant, its successors or assigns shall be submitted to the Planning Director for approval . The approved covenants shall be recorded prior to the receipt of Final Plan Approval for the golf course or the subdivision of any portion of the Agricultural-zoned area within the project site, whichever occurs first. These covenants shall be encumbrances running with the land and shall be binding on all parties and persons claiming under them. 11 . Prior to the commencement of construction of any portion of the proposed golf course development, an overall monitoring plan on the potential pollution to groundwater and coastal waters shall be submitted to the Planning Director for approval in consultation with the Department of Health. A Golf Course Best Management Plan and Integrated Groundwater Monitoring Plan shall be component parts of this overall monitoring plan. 12 . The Applicant shall prepare and submit to the Planning Director for approval a Landscaping Plan for the golf course and golf clubhouse along with plans submitted for plan approval review. The Plan shall discuss the method of preservation and/or propagation and use of native plants, such as the Prosopis tree, Capparis, and Wili Wili tree, within and around the golf course and golf clubhouse facilities. Mr. Richard Frye, Project Manager November 5, 1993 Page 22 13 . All electrical and communication utilities and systems shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site. 14 . Comply with all other applicable laws, rules , regulations and requirements; 15. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with . This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; 16. An initial extension of time for the performance of conditions within this permit may be granted by the Planning Director upon the following circumstances: (a) ' the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (b) granting of the time extension would not be contrary to the General Plan or the Zoning code; (c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and (d) the time extension granted shall be for a period not to exceed the period originally granted for performance (i. e. , a condition to be performed within one year may be extended for up to one additional year) . Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke this permit. hese approval do not, however, sanction the specific plans ubmitted with the applications as they may be subject to change iven specific code and regulatory requirements of the affected gencies. Mr. Richard Frye, Project Manager November 5, 1993 Page 23 Should you have any questions, please feel free to contact Rodney Nakano of the Planning Department at 961-8288 . Sincerely, Wilton Wong, Vice Chairman Planning Commission DSA: jdk LOcean01 .PC xc: Honorable Stephen K. Yamashiro, Mayor Planning Director PSR Hawaii , Inc. Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office Office of State Planning, CZM Program w/background Department of Land and Natural Resources Department of Transportation-Highways Division Department of Parks & Recreation Fire Department Police Department Department of Health Department of Education Office of Housing and Community Development Plan Approval Section Subdivision Section Illi K. YrnuNharo OP2. •fl l uiiltfu uf LI�1rLIti PLANNING COMMISSION 25 Aur,,..t$neer, Ron... 109 . 11:4‘.114..r11 96720.4252 (ROR)961 8288 r., (808) 961-9615 IZTIP1CI) MAIL 416 228 850 cptcnlbcr 28, 1995 .. T. "Dick" Frye, Project Manager 250 Oceanside Partners 1-5620A Palalii Road, Suite 200 ailua-Kona, I11 96740 tear Mr. Frye: licant: Oceanside 1250 dba 1250 Oceanside Partners ial Management Area Use Permit Application No. 95-3 -quest: To Allow Development of Portions of a 730-Lot Agricultural Subdivision and its Related Improvements aX..1`1al)KCy.:_7-9-12:11 and PoCtiaus_oC3 11u1 4: R-1 4:l'ortiotlsy[�_ he Planning Commission at its duly held public hearing on September 14. 1995, "cited-t approve c above-iefctenced application. Special Management Arca 11c (SMA) Permit Nus 3 1s hcicby sued to allow the development of portions of die pioposcd 400-lot acricultural subdivision and lased infrastructure improvements and facilities On apploxrluately 110 acres of land. The plication reps eSents a portion of the approximately 1,540 acres Master planned community known the Villages of Ilokukano. The property is Io.:ated makai of i Iauualalloa IIIghwat• and ealakckua Village, Ilaleki'i, Keekee, North and South Kona, Hawaii. rproval of this request is based on the following: The purpose of Chapter 205-A, liawaii Revised Statures. and Rule 9. Special Management Arca Rules and ReculationS of the County of Hawaii ['(:►.unit Cuniutission is to prcSC1 te, ploteet and, where possible. to restore the natural ICSoutccs of the cuaaal zone areas. "I'11c1cfore, special contlohs on development within an arca along the shoreline ate necess:►ty to avoid permanent loss of valuable resources and the foreclosure of ut:utatzeutent options. One of the criteria for approving a development within the Special t Ia11aLtentent Alea (SMA) is that it is consistent with the General Plaut and Zoning Code. The subject arca is designated fur Orchards and Extensive Agricultural uses by the General flan Land Use Pattern Allocation Guide (LUI'AG) Map. 'flee applicant's proposal to develop agricullutatl lute otte•acie and large' i11 siie i, cottistent with the Gcnetal Plaut Goals. Policies and EXHIBIT F • T. "Dick" Frye, Project Manager ) Oceanside Partners . _6e 2 LUPAG Map. Such agricultural-type of development provides opportunities for a mix of residential and limited-scale agricultural activities. The project site has historically been marginally used for cattle grazing purposes. The applicant is exploring options aimed at integrating agricultural zones on portions of the agricultural zoned lots in a manner that would allow for an efficient management operation for select crops and/or orchard uses. h is anticipated that these agricultural zones will be provided to farmers through a leasing arrangement at a nominal cost initially, with the applicant to provide the necessary infrastructural development to sustain such agricultural activity. Along with the provision of residential sites, the proposed 011C-acre lots can provide opportunities for gardening, hobby activities and reasonable-scaled agricultural endeavors on these marginal agricultural lands. This combination of uses will provide a balance between the agricultural potential of the project site and the residential and commercial uses located in the Kealakekua area: The construction of approximately (00 agricultural tots and related farm dwellings, related infrastructure improvements, trails, signs and landscape improvements associated with implementation of an archaeological preservation program within the Agriculture 1-acre (A-Ia) zoned district will be consistent with the general purpose of the Zoning Code and tine General Plan, provided adequate mitigating conditions are met. The subject request will be compatible with the proposed golf course development in maintaining (he current open character of Else surrounding area to the north, south and west (ntakai) along with its natural and scenic qualities. The proposed development would, therefore, be consistent with the policies of the Housing, Land Use Agriculture, Recreation and Open Space elements of the General Plan which state that recreational facilities in the County shall reflect the natural, historic and cultural character of the area, and that the housing, agriculture and recreational use should be compatible with the adjacent areas. Another criteria for reviewing the SMA Use Permit is that, "Tho development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent piacticahlc and clearly cuuweighed by public. health. safety or compelling public intenest. Such :calve, c_ effects shall include, Dili nut limited to. the potential cumulative impact of individual developments, each of which taken in itself might not have a substantial adverse effect and elimination of planning options." The proposed development is part of the Villages at L-lokukano master planned community. The preliminary development plan includes a 27-hole golf course, clubhouse and related facilities, a future members lodge with up to 80-units, au approximately 140 acre coastal pat k, open space elements and community facilities, and approximately 730 agricultural lots with associated dwelling and agricultural uses, including approximately 100 lots within the SMA. • The proposed development is not anticipated to have any substantial adverse environmental or ecological effects. Surveys conducted for biological resources, historic and cultural tcsources, visual impacts, public access and recreation aspects and socio-economic impacts support this conclusion. The goals and objectives of tate SMA with respect to coastal, recreational, scenic, historic and economic mesuurces can be met with an apptoval with conditions. f The proposed project will not have anv adverse impact to et:ltttral or 1tistot i;.,l re:,+urcec within the protect at ca An atcl,aeoloeical tnvrnttorY survey of the cutinc '•mll:,i �•; "Dick" Frye, Project &tanager Oceanside Partners tngc3 at Ilokukauo project site located 408 sites and site cotnplexe.c. Of (his total, 161 of these sites are recommended for preservation, 17 sites are recommended fur selective preservation, and 228 sites arc recommended to be available for data recovery and 2 recommended for no further study. Sites intended fur selective preservation include portion of the Kiakit►i Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the altupua'a boundary walls. Preservation is recommended fur all co►tfir►ned burial sites, all confirmed and probable I►eiaus, and all major lava tubes. The applicant intends to preserve die King's Trail or Ala Loa in its present location, with some modifications, including possible breaches, as approved by the Planning Director in consultation with the State Department of land and Natural Resources (DLNR). Possible burials, if not preserved "as is," will be treated in a manlier as prescribed by the I)LNR-(liswric Ptcscrvation Division. A detailed archaeological mitigation and interpretation plan, meeting with the approval of the Plan►ti►►g Department in consultation with the ULNR-1 Iistoric Preservation Division, is recommended prior to the submittal of plans for subdivision review or any land alteration activities. The project site is situated east (nnauka) of the Conservation District which extends along the shoreline and will be retained as a coastal park. The proposed agricultural lots will he (nutter buffered from the shore by the proposed gulf course, which was previously approved by the Planning Commission. Potential negative iutpacts on coastal waters during site preparation and construction can be mitigated (lttough compliance with existing ordinances and regulations. Runoff or discharge generated by the proposed subdivision development which could reach ocean waters can be handled by on-site drainaue improvements meeting with the approval of the Department of Public Works. Wastewater generated by die project will he disposed of within a wastewater treatment system meeting with the approval of the Department of Ilealtlt. To further ensure that no significant adverse impacts to coastal systems are generated, a groundwater and coastal water monitoring plan(s) will be required. Vicwplanes within the area will not be signilicantly affected by the proposed improvements. The visual character of the subject arca and the ;ore;ts directly ntauka will be low profile, with landscaped dwellings integrated with compatible agricultural uses. The coastal area within the State Land Use Conservation District is planned to remain primarily as a natural open space with minimal improvements to support park activities. To further ensure that vicwplanes will not be adversely impacted, all electrical and communication systems will be placed underground with the exception of the 69 KV transmission line front the Matrtalahoa highway to the proposed substation site. Based on the foregoing, the proposed construction of portions of an agricultural subdivision and other related improvements will not have a substantial adverse impact on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205-A, IIRS, relating to Coastal Zone Management and Rule 9 of the Planning Commission relating to the Special Managentent Area. ►pt oval of this request is subject to the following conditions: The applicant, successors of assigns shall be responsible for complying with all of the stated conditions of.approval; T. "Dick" Frye, Project Manager -0 Oceanside Partners .ge 4 2. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or relating to or connected with the approval of this permit. 3. The effective date of this Special Management Arca Use Permit shall be the effective date of the Change of Zone. 4. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by (he Planning Director, in consultation with the Department of (.arid and Natural Resources-1-Iistoric l'tescrvaticn Division and Hawaiian comnarrrity organizations, prior to submitting plans for plan approval review. The Plan shall consist of three subplans; (A) an archaeological data recovery plan for the sites to undergo data recovery, (I3) a detailed interim protection/preservation plan for the sites to undergo preservation, and (C) an interpretation plan which shall include buffer zones, signage, and long-range preservation concerns ivlticlt may be submitted at a later date. Approved mitigation ateasuies shall be implemented prior to or in conjunction with any land alteration activity within the project area. The flan shall also include a detailed map of known lava tube/cave systems located within the project site and mitigative measures to ensure that the proposed development does not impact these cave systems. 5. Should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected arca shall cease, and the Planning Director immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. 6. A Natural Resources Management Plan shall he subnritmed for review and approval by the Planting Director, in consultation with fire Department ol Land and Natural Resources, prior to securing Final Subdivision Approval. • 7. A detailed drainage study shall he prepared by the applicant fur review and approval by the Dcparuncitt of Public Works prior to submittal of phots (or Subdivision Approval review of the agricultural subdivision. A drainage system shall be installed meeting with the approval of die Depattrrrent of Public Works. pricer to securing (sinal Subdivision Approval. 8. Use of pesticides and het bicides in conjunction with all phases of operation shall conform with the applicable regulations of the appropriate vovernurcmt ,Dent i• . R. T. "Dick- Frye, Project Manager ') Oceanside Pat triers . 5 9. During constructions, measurer. 'II be •::I;cn W minimize the potential of both fugitive dust and runoff sedinti tion. Such measures shall be in compliance with construction industry standard• ,d practices utilized during construction projects of • the State of Ilawaii. JO. Prior to Final Subdivision Approval of any lands within the project site, an overall monitoring plait on the potential pollution of groundwater and coastal waters shall be submitted to die Planning Director fete approval in consultation with the State Department of Ilcaltls. 11. All electrical and communication utilities and systems witltinn the project site shall I,c placed underground, with the exception of the main 69 KV transmission line from the lvlausalalwa Highway to the proposed electrical substation site. 12. A wastewater disposal system shall be cous(ruc(ed in a manner meeting with the approval of (lie State Depatttnen( of Ilealth and/or the Dcparuttcnt of Public: Works, whichever is applicable. l3. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this pestnit. The report shall include, but not be limited to, the status of the development and to wha( extend the conditions of approval arc being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports arc not required. 1'I. Au extension of time fur the performance of conditions within this permit tnay he granted by the Planning Diteclor upon the following circumstances: (A) (lie non performance is the result of conditions that could not have been foreseen ur arc beyond the couluol of Ilie applicant. succcssms or assigns, acid that are not the result of their fault or negligence; (II) granting of die time extension would not be contrary to the Central Platt or Zoninng Code; (C) granting of the time extension would not be contrary to die original reasons for the granting of this permit, (D) the time extension granted shall he fun a pct iud not to exceed the period originally granted for perforniance (i.e., a condition to be performed within one year may be extended fur up to one additional year). Should any of the conditions not be tact or substantially complied ‘vi(Ii in a timely fashion, the Director shall initiate pioccdures to revoke this permit. is approval dues not, however , sanction'(lie specific plans submitted with the application as they y be subject to clsatsgc given specific code and segulatury requitemetds of the attested agencies. .. T. "Dick- Frye. Project Manager 250 Oc,cansidc Panncrs agc 6 hould you haus any questions. Please feel frcc to contact Alicc Kawaha or Susan Gagorik of the anning Dcpannncnt at 96l-8288. nccrcly, . . e - vrd E. Crook. Chairman Inning Commission ::syw :cxnO1.PC Honorahlc Stcphcn K. Yatnashiro, Mayor Planning Director Department of Public Works Department of Watcr Supply County Rcal Property Taz Division Wcc( Hawaii Office Office of Mate Planning, CZM Program wfbackground Department of Land and Natural Resources, Historic Preservation Division Plan Approval Section Mr. James Leonard/PDR Hawaii ' Department of Hcalth COUNTY OF HAWAII STATE OF HAWAII BILL NO. 373 (D r51-(57----- ORDINANCE 5 tORDINANCE NO. 97 36 AN ORDINANCE AMENDING SECTION 25-88 (SOUTH KONA ZONE MAP). ARTICLE 3. CHAPTER 25 (ZONING CODE) OF THE HAWAJI COUNTY CODE. BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1a) TO RESORT(V-6.0) AT KEEKEE 2nd, ILIKAHI, KANAKAU 1st and 2nd, and KALUKALU 1st, 2nd and 3rd. SOUTH KONA. HAWAII, COVERED BY TAX MAP KEY 8-I-04:PORTION OF 3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Section 25-88, Article 3. Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following subject arca situated at Keckcc 2nd, llikahi, Kanakau 1st and 2nd. and Kalukalu 1st, 2nd and 3rd. South Kona, Hawaii, shall be Resort (1-6.0): Beginning at the Northwesterly corner of this parcel of land at a point bearing 300' 33' 20- 399.34 feet from an angle point on the Easterly boundary of the State Land Use Conservation District, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,636.53 feet South and 1,386.52 feet East and running by azimuths measured clockwise from True South: Thence, for the next fifteen (1 S) courses following along the remainder of Grant 1745 to John Cavanah: 1. 226° 00' 604.00 feet to a point; 2. 3 16° 00' 319.00 fcct to a point; 3. 353° 00' 80.00 feet to a point; 4. 16' 00' 290.00 feet to a point; 5. 67' 00' 275.79 feet to a ,o.itt; 6. 157' 00' 5027 feet to a point: EXHIBIT G 7. 67° 00' I44.00 feet to a point.; 8. 337° 00' 174.00 feet to a point; 9. 247° 00' 10536 fcct to a point; 10. 3337° 00' 725.39 feet to a point; I I. 89° 00' 447.00 feet to a point; 12. 157° 00' 238.00 feet to a point; 13. 146° 00' 303.00 fcct to a point; 14. 191* 00' 362.00 feet to a point; ' 15. 182° 4T 30" 255.00 feet to the point of beginning and containing an arca of 14.854 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon thc following: A. The applicant. its successors or assigns shall be responsible for complying with all of thc stated conditions of approval. B. Thc cifectuation of thc water commitment rights in the'Kealakckua Source Agreement to thc current landowners of the subject arca with acceptance of the prevailing facilities charge by the Department of Water Supply of thc required water commitment payment shall be in accordance with its "Water Commitment Policy- prior to the issuance of Final Plan Approval. C. Subdivision plans for any portion of the subject arca shall be submitted to the Planning Director and Final Subdivision Approval secured within five (5) years from the effective daft of this ordinance. D. Final Plan Approval for thc proposed development within thc subjcci arca shall be secured within five (5) years from the effective date of this ordinance. E. A wastewater disposal system for the subject arca shall be constructed in a manner meeting with the approval of the Statc Department of Health and/or thc Department of Public Works, whichever is applicable. F. All electrical and communication lints within the subject arca shall be placed underground. - G. A Flood Study of the subjcc:t arca shall be submitted to the Planning Director in conjunction with plans submitted for subdivision or plan approval review, whichever occurs first, for any portion of the 14.8 acre arca. Drainage improvements shall be constructed meeting with the approval of the Dcpart ncnt of Public Works, prior to the issuance of Final Subdivision or Plan Approval for the subject arca. H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision or plan approval review, whichever occurs first. The Plan shall consist of three subplans: • (1) an archaeological data recovery plan for the sites to undergo data tern vc ry; (2) a detailed interim protection/preservation plan for the sites to undergo preservation; and -3- (3) an into prctation plan which shall include buffer zona, signage and long-range preservation concerns which may be submincd at a later daft. Approved mitigation mcasures shall be implemented prior to or in conjunction with any land alterations within the subjcct arca 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 arca shall cease and the Dcpartrncnt of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient mitigative measures have been taken. �- A Solid Waste Management Plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision or plan approval review, whichever occurs first. 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 within the subject arca_ Approved recommendations and mitigation measures shall be implemented meeting with the approval of the Department of Public Works. K. Accesses) to the subjcct arca shall be constructed meeting with the approval of the Depart ncnt of Public Works. The following roadway improvements between Haleki'i Strcct and the 14.8-acre subject area shall be completed in conjunction with the issuance of a certificate of occupancy for any development within the subjcct arca: (I) II c �hannelization and signalization of the project sites Marr a:-hoa Highway-Halcki'i Strcct intersection; .4. (2) the extension of Halekui Street shall be constructed as an arterial along its general mauka-makai alignment, as shown on Exhibit -B-. which phasing of improvements shall be approved by the Deparunent of Public Works. If. before the completion and opening of the entire Marnalahoa Highway Bypass, a portion of said bypass is complctcd and opcncd, and said portion provides a connection to Halcki'i Street, a ban-icadc or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Halcki'i Strcct improvements. The purposc of this condition is to prevent the use of Halcki'i Strcct as a vehicular thoroughfare bcrwccn the existing Marnalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been complctcd and opcncd for general public use; (3) the roadway segment from. the Halcki'i Strcct extension to the subject arca shall be constructed prior to the certificate of occupancy for any development within the 14.8 acre subject arca. Also, the Mamalahoa Highway Bypass shall be constructed in its entirety between the approximate vicinity of Kcauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes, provided further, that the section of the Mamalahoa Highway Bypass between Kcauhou and Halcki'i Street shall be completed and available for public use prior to the issuance of a ccrliftcatc of occupancy of the proposed development within the subject arca. L. Infrastructural improvements as required undcr Conditions C. E. F. G, .1, and K shall not prohibit the applicant from participating in a Development Agreement or any other erg mcjt t. gethcr with the appropriate bond, surety or other security deemed acccptablc by the Planning Director, appropriate agencies or the County -5- Council, whichever is applicable, to ensure the provision ofneccssary infrastructural improvements to support the proposed development in a timely manner. M. The applicant shall establish a program for employee housing which shall be submitted for the review and approval of the Planning Director and Housing Agency together with the submittal of plans for Plan Approval for the proposed lodge. The program shall include provisions for on-site or off-site housing for the employees of the lodge in an amount to be determined by a study of surrounding housing opportunities and employee needs. Thc program may also include consideration for othcr alternatives such as rental housing subsidics or housing allowances. The approval of the program shall be secured prior to the issuance of a certificate of occupancy of the lodge within the subject arra N. The applicant shall make its fair share contribution to raitigatc the potential impacts of the proposed development within the subject arca with respect to parks and recreation, fire, solid waste disposal facilities and roads. Thc amount of the fair share contribution shall be the sum which is the product of multiplying thc,nwnber of units proposed to be developed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final plan approval or final subdivision approval, whichever occurs first, for any portion of the subject arca or its increments. If the subject arca is developed in two or more increments, the amount of the fair share contribution due and payable prior to final plan approval of each increment shall be a sum calculated in the same manner according to the number of proposed units in each such increment. Thc fair share contribution may be in a form of cash. land, facilities, or any combination thereof acceptable to the Planning Director in consultation with the affected agencies. The fair share contribution shall have a maximum corub:ncd value of 57,966.90 per resort unit. Based upon the applicant's representation of intent to develop up to 80 units, the indicated -6- total fair share contribution is 5637,272.00. However, the total amount shall be increased or reduced in proportion with the actual number of lots/units according to the calculation and payment provisions set forth in this Condition N. The fair sharc contribution shall be allocated as follows: 1. 51.94/74 per resort unit for an indicated total of 5155,419.20 to thc County to support park and recreational improvements and facilitics; 2 587.99 per resort unit or an indicated total of 57.039.20 to the County to support fire facilities: 3 543.02 per resort unit for an indicated total of 53,441.60 to the County to support solid waste facilitics; a 55.892.15 per rcsott unit for an indicated total of 5471,372.00 to the Statc or County to support road and traffic iroprovcmcnts. The fair share contributions described abovc shall be adjusted annually beginning three.years after the effective date of thc change of zone, based on the percentage change in the Honolulu Consumer Pricc Indcx (HCPI). In licu of paying thc fair share contribution, thc applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Planning Director. The cost of constructing the improvements and the fair market vatuc of land contributed rcquircd in Condition K shall be credited against the sum specified in Condition N(4) for road and traffic improvcmcnts. For purposes of administering Condition N. the fair market value of land contributed or the cost of any tmprovcments rcquircd or crude in lieu of the fair share contribution shall be _7_ subject to thc review and approval of the Planning Director, upon consultation with thc appropriate agencies. O. Comply with all applicable laws, rules, regulations and requirements, including those of the Dcparcmcnt of Health, Fire Department and the Dcparo-ncnt of Water Supply. P. Should the Council adopt a Unified Impact Fccs Ordinance s-ctting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance. Q. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zonc. 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 arc not required. R. An initial extension of time for the performance of conditions within the ordinance, with the exception of Condition B, may be granted by the Planning Director upon the following circumstances: (1) The non-performance is the result of conditions that could not have bccn foreseen or arc beyond the control of the applicant, successors or assigns, and that is 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. -8- (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). S. Should any of the conditions not be met or substantially complied within a timely fashion, the Director may initiate rezoning of the subject arca to its original or more appropriate 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: // 1 ;3 /. ---4---V OLrja MEMBER, COUNTY OFW HA AJ 1 Hilo, Hawaii Date of Introduction: F bru y 19, 1997 Date of 1st Reading: February 19, )997 • Dale of 2nd Reading: I-larch 7• 1997 Effective Date: Mazda -3 1997 APPROVED AS TO FORM AND LEGALITY -Lf / tet`.-11--Z/ CORPORATION COUNSEL DATED: 3ic;/7 7 -9- 11 ill �_ fairs/MOP ifib -== :::-7. s% lir 11141Pit "II ,0111.1•111111 is„ r a I IIII ..s.;V gli fit ri 1 I „f1I1� :=„z ;;w#4 iirf i IMP E N tValliinill l'''' 11111 • I dir Afig&RV."' ( - /-so - i U ' !' / a • _ , IN • A-S. I /1-I_ r.......:11/1) A-S. A_! _ A-I. a- -C 0 _ ' z I A-I. O a d Ur 1.-..J -C , ..0Z 2 2 p 1.636.53 S " 1.3a6sz E AGRICULTURAL. (A- 1a) Puu ower AS E ) x TO ^-I. RESORT (V--6.0) O ' o �� � AREA: 14.854 ACRES -Pull oHAlr • r�' .,e S E w AMENDMENT TO THE ZONING CODE MENDING SECTION 25-88 (SOUTH KONA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING ODE) OF THE HAWAII COUNTY CODE. 131 CHANGING THE DISTRICT CLASSIFICATION FROM GRICULTURAL (A-1a) TO RESORT (V-6.0) AT KEEKEE 2ND, IUKAHI, KANAKAU 1ST ANO ND AND KALUKALU 1ST, 2ND AND 3R0, SOUTH KONA. HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII a--t—..PORTION or [1-11817 7,41:* OGTo6ER v. t1. o r .. tocc ..ac ...• - • • - .- _ lb• c -_,........„, 4. _ x- -rI;_._..:_,-.?:-.rE1 {. �1:� %. •' 1 ,�• - lr rim-736f.4tr e.1i 4:t:' 1 ; `-) .*-.-.. -f0• •� '41,iftailiiir"- --C647',Z."iler -41% / ;'. ' . At44,) _•• — - __ et'z �- 1.11S Ilfratter .1, '-' 4. \• - - ko, il .1•:- '2.req 0 tVatlii4.4 j .1 1# :41•1717.i ftlialig-• -lag-cJ-11 tiO 71.irit-thl ifil 11.19.04M "4 v• :MP "11 l� : icer►?_ �/ '- Ia.. - '��,. t _ — XVII .•� �St,. `!u' �+=� j?:� 4 ;moi ," _ •46 �4 +pct' �y�''-r`l�er, � , Ilr �i ' P ..P .- . 1f ? Ft •" et - .. 1' - - _ _ 1 -*) .- Til 1' kkiii-2.= .PP. p, ,-...: • r1/2- , • . - .. .3 - -.._ .1,, ik ..„,..„,„, . .• .; ...t., ....- .. .. . ri., .. :._.. • 5,-- ,•i_ -,.,7 to 0- 1% �_{ - -•-- . ! % f .. '- S i W«'j��� :.+•.r. ~.. �ilk IO �'�". +1'u" a .. ..... -- e.e.-f-:".Z::---..c, n ,,,,,,- . -., t. 1 t tr Ili , ; A A ( ••••, ,: f• -c ;:-7 t I_ 7•',_..-.. .=:_-_-_ - /..9 , 4(I f sfp.`a.. -.1'•-•-:-k‘,.. --.._ ,, i ... 7 ro r--z-__Q_ _(.. 11 II_` -_ r- � Au �; , T` : • off :f}l , -\� --�• -/.. - .... •'. j • t ••,I 1:_• • • ♦ •' • •i� "•JI it .•.-/-.,..., -__ . ... - ..• 4 :. i "-'''... :_r. • .... • . .."7....oire 7 1 . :... --- -:•;• • tfl .: .. ..d------.,..„........,.— --i„--.-t s. L, ..44. e. - ,•7------ - . , % _e-_;- • • D. ! I. - - ' t 'N1.1:, '.. . /i . 7.1949-1 er., • - • 1I-tet: ''_' 'r -- ", s. -n -...1 .1 . . �. -% ;(' -4„:• I .:,/ ._ a -I`-j• I _ . p -,-- s 4 �-.s'c I.--'4^ - _ • _ •— . . ' ' =a •i •- OFFICE OF THE COUNTY CWu( County of i21,-raii _ Kilo , ticwcrr =(� - R- -.,.' 9 D, - s) ' 97 PIE P, 13 ill 2 1 7 ROLL CAL -[E-1.- • --• AYES 1Ar1S-1'11 )duccd By: _ Jean Lie thead-Todd Ari.kIntroduced: February 19. 1997 Chungi X zading: February 19. 1997 Chung X P. istird: February 28. 1997 Lei thead-Todd X Ray x + ARXS: Reynolds X Ir Santangelo X Smith x Tyler X _Yaponz X - 9 0 0 1 ( ROLL CALL VOTE ,d Reading: March 7, 1997 - 1 ayo- March 7, 1997 AYES NOES ABS I EX ncd: March13� 1997 _Arakaki X I Eve: Mardi 13, 1997 Chun. X •hcd Hardt 21, 3397 ' Lei thcad-Todd X IRKS: Ray X Reynolds X I Santangelo X I I Srai th X I 1 - TYler I X I - yagong X 1 8 1 1 I o 1 0 • YEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as ted above. APPROVED AS TO F7 AND LE ITY: 4. DEPUTY CORPORATION COVNSE ••r CIL C>�/R�LtN COUNTY OF HAWAII 11. COUN YCLERK cd/_ ` (his 13 .. � day 19 97 . ..L___ co J-r F H,1 w,A 1 37 3 (Draft S ) -c HEREBY CERTIFY that above Ii . Bill Na_ true and correct copy of the origlo.t Rc/,.,.-„« C-1474/1996/PC-27 now on file in ray office_ Ord. No. ,4-,1.(.EQ „Q_. .G r....-.r. c:—i `� ; / r 4L\ vLk I.. . st."W \\ \ \v. "r `1 - 6) --NP . ' 1 k. • -, , , -, , 1 • , 1... ,. N , . • ,\ .., , , : \ g, 3 . Jii.,:-.. . .v, • \ , sl f 104' ?? .0• A- . ' w U ,. ir,,,,,,,- 1.\\ t. . • a ''. " if-11117 eierill%k II 4' litilS 0* it i\ li 2 ; 4-thtneWlb \ og o L'-i!.i.. rakirlastlit -\ ."n1111014,P, 1 li ' i a' Th5?c.--. itt 191 1. k s .,\ -, i 4* Yei er#t,.: `.i"'re•21- ( 1 1 ‘ e a cliT•6441 iliv, - - $ etitif .0.- , . 146 _ . ergialiaL, ) i ,5';1 S \ r , ingq,sk\i a nNo ,jil ›.= - .hoot- \ , ) ) , : • Miti . LI. ( ( - if: • • ,,, \ ‘iivitilinri itreAr÷ / Wilt Ine":41101*Allt #fit \'' -\ ‘ Nitill% \ -.11411110" --% 1W1 S\ \ iAtiot . ,,t�.mo _ ' ' ) � - �• ifi ... f lA - ...f3 ( K ) IC i p , c.11:170ii lift . *. iL . j \ „ s" ..\ 0 04* I Ilk .6,„.- . . ) --,:).\ ) w.,‘„,„di ." '4 .1%' ii?(icti) 4, 17,4:Uct-t I \, i'. ( -40 . Mr, \-•\.-\ - \‘-, tat Lffia, . % -, `-c. \ ‘4, a 1 ‘,0, -, ' 4% ) ' ) vgipkrtr\- ,_? \;. .. A. , ; , . .s . ‘ ._.. .. : • •:::: r.. ,. , , 'Si. ‘sA\-------,..s. 7 -__1 . . :Ai )1/4 i .1 % ,( ,uuir:i; Q PE ;_ ''s• COUNTY OF HAWAII ,s=- STATE OF HAWAII RESOLUTION NO. 244 9 8 (Draft 3) A RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO A DEVELOPMENT AGREEMENT WITH 1250 OCEANSIDE PARTNERS. WHEREAS, the Hawaii State Legislature, under section 46-123, Hawaii Revised Statutes, granted authorization to the County of Hawaii (County) to enact an ordinance authorizing the executive branch of the County to enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property; and WHEREAS, pursuant to 46-123, Hawaii Revised Statutes, the Hawaii County Council enacted Ordinance No. 93-37 (Chapter 30, Hawaii County Code) establishing the requirements for Development Agreements, which ordinance was passed into law on April 27, 1993; and WHEREAS, pursuant to Section 46-123, Hawaii Revised Statutes, and Chapter 30, Hawaii County Code, the County adopted rules governing Development Agreements on May 16, 1995; and WHEREAS, 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250 (Oceanside) is the owner in fee simple and lessee of certain lands situated in North and South Kona, Hawaii County, Hawaii,TMK: (3)7-9-12:03, (3) 7-9-12:04, (3)7-9-12:11 and (3)8-1-04:03 (por) (" Property")and more particularly described in Exhibit "A", as modified, of the Development Agreement(Oceanside Development Agreement), which is attached hereto and incorporated herein; and WHEREAS, Oceanside or its related entity, affiliate or subsidiary, plans to develop the Property and has submitted a development agreement and application to the Office of the Mayor; and WHEREAS, Oceanside's development will provide many public benefits to the County through the zoning, Special Management Area conditions of approval, and the imposition of on- and off-site development requirements; and WHEREAS, pursuant to Section 30-5(d), Hawaii County Code, the Mayor, through the Planning Director, has submitted a final draft of the Oceanside Development Agreement to the County Council for its action; and WHEREAS, pursuant to Section 30-4(b), Hawaii County Code, the Mayor may enter into development agreements on behalf of the County; and EXHIBIT Z WHEREAS, pursuant to Section 30-5(1), Hawaii County Code, a public hearing was held by the County Council on March 18, 1998 and continued on March 30, 1998 at the Kona Surf Resort and Country Club, which is located in the Council district affected by the proposed development. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the provisions of the Oceanside Development Agreement are consistent with the County General Plan, as amended. BE IT FURTI-IER RESOLVED that the County Council hereby approves the Oceanside Development Agreement as submitted in accordance with Section 30-5(d) of the Hawaii County Code, and as further modified by the County Council. BE IT FURTHER RESOLVED that the Honorable Stephen K. Yamashiro, or his designee, is hereby authorized to execute said Oceanside Development Agreement, as modified, on behalf of the County. BE IT FINALLY RESOLVED that the County Clerk is hereby directed to forward copies of this Resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of I Iawaii and 1250 Oceanside Partners. Dated at Hilo, Hawaii this 1st day of April ,1998. INTRODUCED BY: G'(>ifi ; ;.t/1 COUNCIL MEMBER, COUNTY OF I IAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X (HUNG X reby certify that the foregoing RESOLUTION was by the LEITH EAD-TODD X icated to the right hereof adopted by the COUNCIL of the RAY X of Hawaii on April 1, 1998 • REYNOLDS X T: SANTANGELO X SMMITtt X TYLER X YAC:ONG X 8 1 0 0 Reference C-7 5 9 . 10 FY CLERK . HAIRMAN & PRESIDING OFFICER RESOLUTION NO. 244 98 (DRAFT r :,,, . ...r<p*, ." ". ; 1 r i s 71•. - .44run6iiv. "•••14 :7.0"\ -., v. :. „., . , .. . .,- . • 0,......47-7-...,,-.. ..,.....„.7. ,:• .., , ., .., : •_, , ..k:•A • J.,,-. 4":1'4.0,fy Ici i., 1 '., .,y-i ..,.. .a... . • ,. .. 1.4.1:. ...-.: ,s .:,!.r.;„ • 7,.... ...• • _4, ..,.. . •• . ;.1 ••„-•, , 0 . •••• Yer �.• � A MTS. •r, i v � i 41 • 1;-...:::-:::, .. %'}rpt • l :•• ,' ` • ;; •a '��r'+4 •-- -• • •: . all ` -:::', �._ .r:.�F tv�:...� : �•L. \i„-:-..a ; _�. -• •rsi : 'i w ( • •• b'•.`- - KA:::-,t42; .. '171' 4 ' r J-!,I ;`-�,�•, ' - ,...42,p.,','4*,,fy- .f. , .l • ;,tea ,.y� Tti i.: � f'�• � �- '- •:,' i � .+ l r.'~•, ,�_-.pint•.• ....pre:. • S • F- • • 1 i, •� r •i 1 ,r '� t jp, a _ - 4, p..-, .tp.i \ •1 * ....1' •:i ..,::eek y... : .:s••.'may\ 1; 1. . . •�, ...� /•_ r` � .. ii•T.`, .• ".`. _ ltd ,:7 • 7 /p�:_ i.��.c . thz ik . r,itiltdte. .. .-. ',../ ' _, :-.1:ficitik.:_,e1441 .... , Je i....„ ... . ..„ .. , .... , ,_w,,,--- 1,.?„1.--F---.1::. , .„.1,...., rt-i ...:-:;-.- .AT' :'..t le.:. 1. ' I / 0:tea . -.._-liii'''''.''.. ' 'N,_t1/2 .,—,0,,, ; f • µ 7. -,",-..,..!:,f.:-..,� Vii' ::: ,s:.. B1r��,Q) `!!'rIq• a4��:Y���`: ...$5.E.'' %• \.:"..7:......":11:1:41.-:-.....:17::1 �':is},.�. - r' . • u, � t S t ' 1 1 ,it ' i :� • .•� � , % _. 1T. • • I.: •{ i. F' 1ai� � •• -. , _ J, . 0 Q1 ixill ` ,Il I I 'i ( IIice?. Y� i a . _ , ''-t'• ' 1 f • • 1 11 �}L , W/8-1--04:5 '. Ti 1. 11 . \ ''. - .‘5.4. A91 ..., MI r..,— • le " :f' 14 .::::_, ...:, ..:./!1;i1:..... \ .. :, ).... k k , ` f, ---„,__Hl i k , • /: . : -(.1-, • 7.1 : .....: r; .: ( .:... • • • a` li • • 0 ♦ _ ; J)I - 1 I I 1 ' ...1 ••••.) I �i 1 1 8- 7-041:03i♦� F v . % 2 . : . •,...414:41.> 1141;• it___ • O. -- �� FEE 'AC f 1: 0- o ? ..10.K." 1 .....r . 'I . •. i Y ` x J I e7. A .11 t L 1 • LEASE AREA EXHIBIT K U • • • • • • • • • • • • • LAND COURT SYSTEM ter Recordation. Return b REGULAR SYSTEM Y Mail ( ) Pickup ( ) ACKERMAN RANCH INC. P. O. BOX SSS TG : ACCOM KEALAKEKUA, HI 96750 TGE: 881010819 4TTN: JAMES J. ACKERMAN LILY BRUME 'LE OF DOCUMENT: MEMORANDUM OF DEVELOPMENT LEASE TIES TO DOCUMENT: ACKERMAN RANCH, INC. , Lessor LYLE ANDERSON, Lessee 'ERTY DESCRIPTION: LIBER/PAGE: DOCUMENT NO. : . TRANSFER CERTIFICATE OF : TITLE NO(S). : EXHIBIT L MEMORANDUM OF DEVELOPMENT LEASE THIS INDENTURE made this rXt day of ( l.(/c/ 19 sI by and :ween ACKERMAN RANCH, INC. , a Hawaii corporation, (hose principal place of isiness is in Kealakekua , Hawaii and whose post office address is 0. Box 555, Kealakekua, Hawaii 96750, hereinafter called the "Lessor", and 'LE ANDERSON, husband of Kerri Anderson, whose principal place of business d post office address is 7373 N. Scottsdale Road, Suite C226, Scottsdale, izona 85253, hereinafter called the "Lessee". WITNESSET H: That in consideration of their mutual covenants and agreements , the ssor does hereby demise and lease unto the Lessee, and the Lessee does reby accept and lease from the Lessor the property described in Exhibit "A" [ached hereto (herein the "Property") ; TO HAVE AND TO HOLD the same for the term and upon the rents , 'enants, agreements and conditions contained in that certain unrecorded 'elopment Lease between the parties dated as of July 28 , 1989, all of the )visions of which are incorporated by reference. This Memorandum of Lease is executed for the purpose of giving notice the existence of the Development Lease. Reference is made to the •elopment Lease, as it may now or hereafter be amended, for the full cription of the rights and duties of the Lessor and the Lessee. This lorandum of Development Lease shall not affect the terms and conditions of Development Lease, as now or hereafter amended, or the interpretation of rights and duties of Lessor and Lessee under the Development Lease. The Development Lease further grants to the Lessee the following hts, privileges and powers: DEVELOPMENT OF PROPERTY (1 ) Permits and Governmental Approvals. The Lessee may file all lications and take all actions necessary or desirable to obtain lassification under the state land use law and changes in or variances of zty master and development plans and zoning for all purposes and uses witted the Lessee under this lease; seek subdivision and consolidation -ovals and permits required for the initial subdivision of the Property and ;equent subdivision and development of the Premises; and seek grading , .ding and other permits necessary for the demolition of existing -ovements and the construction of new improvements on the Premises. The ;or will join into, cooperate with, support and assist the Lessee with all ications for such reclassifications, changes, variances , zoning , ivisions and permits provided that the Lessee pays all costs as described e. The Lessee shall not be required to -pay any money to or for the Lessor btain the Lessor's cooperation. If and when requested by the Lessee, the or shall execute all applications, consents or other such forms or ruments necessary or desirable to accomplish any of the aforesaid, uding, without limitation, obtaining governmental approvals or permits. -2 (2) Dedications by the Lessor. From time to time during the development id subdivision of the Premises and upon receipt of written request from the .ssee, the Lessor will, without the payment of additional compensation, •dicate from the Premises such streets, parks and other improvements for iblic or private use as reasonably designated by the Lessee in connection th the development of the Premises , convey portions of the Premises to such blic utility companies , governmental agencies or improvement districts as e Lessee shall reasonably designate , including without limitation the well to within a portion of the Property described in Exhibit A, and grant any sements which the Lessee reasonably deems necessary for the respective rvices . The Lessor shall not encumber its interest in the land or this ase in a manner which shall interfere with such dedication. (3) Power of Attorney. The Lessor irrevocably, for the term of the ase, makes and appoints the Lessee (and his successors and assigns ) his Corney-in-fact to do and accomplish for and on behalf of the Lessor the llowing: (a) In order to facilitate the applications, actions and approvals described in Paragraph A(1 ) above to sign and deliver any document requiring the Lessor's signature that is related to matters before the Hawaii County Planning Commission, the State Land Use Commission, the Real Estate Commission of the State of Hawaii and any successor to such agencies or other administrative agency from which approvals or permits are required for land use changes, zoning, subdivision or development of the Premises, provided that all plans are in accordance with the uses permitted in Paragraph B below; (b) In order to facilitate the actions described in Paragraph C(1) below, to join in, sign and deliver the declarations , bylaws and other instruments and amendments thereto and to sign and deliver apartment leases to the extent the Lessor is required to do so by the provisions of the Development Lease; and (c) In order to facilitate the execution and delivery of the covenants , conditions and restrictions described in Paragraph C(2), to sign and deliver the documents containing such covenants, conditions and restrictions. (d) The power provided for in (b) and (c) above shall be exercised only after the intended action has been submitted in writing for review by the Lessor and has been approved by the Lessor in writing or the Lessor has failed to respond either approving or disapproving the proposed action within 20 days of receiving the submittal; provided, however, that no third person shall need to confirm that such approval was obtained in order to rely on an exercise of the power by the Lessee. 'equested by the Lessee, the Lessor (and its successors and assigns ) shall ver separate, executed limited powers of attorney containing the same rs and authority described above. -3- USE OF THE PREMISES (1 ) Specific Use Allowed. The Premises shall be occupied and used by the ssee for grazing, agriculture and any uses consistent with the "Urban" State nd Use Classification and the Hawaii County Alternate Urban Expansion signations, including residential and multi-family residential uses , private .ibs , resorts, commercial uses , public or private support facilities , golf lrse, parks and all other similar urban uses. CONDOMINIUM DEVELOPMENT, CONDITIONS, COVENANTS AND RESTRICTIONS (1 ) Submission to Condominium Property Regime. If requested by the ;see, the Lessor will join into a declaration of condominium property regime leclaration"), bylaws and other instruments required by law to subject such Lcts as specified by the Lessee to the Condominium Property Act , Chapter IA, Hawaii Revised Statutes , or any successor law, in order to establish a izontal property regime for any of the uses permitted under this lease. Lessor agrees to assent to amendments of the declaration and bylaws of the ject and the apartment lease requested by the Lessee, including , without citation, requests made in order to comply with Law or to incorporate nges which are reasonably required by a mortgagee under a loan commitment finance the construction of improvements or the purchase of apartments , vided amendments required by mortgagees do not substantially and adversely ect the Lessor's interest under this lease or any replacement lease, or in Premises. With respect to apartments for which no apartment lease has n issued, the Lessee shall be deemed to be the owner of the apartments for purposes of the declaration and bylaws and shall have all rights , vileges and obligations of an owner, including membership and vote in the ociation. Apartment leases may either be direct leases from the Lessor or leases under this lease. (2) Covenants and Restrictions; PUD. The Lessor will also, from time to join with the Lessee in submitting Tracts or the Premises to covenants , iitions and restrictions not inconsistent with the Development Lease which tide for the development of the area in an orderly and aesthetically ising manner and for the maintenance of common areas by a community )ciation or provide for development of portions of the arca as planned unit :lopments. In order to facilitate the execution and delivery of such :pants, conditions and restrictions, the Lessor will irrevocably appoint Lessee as its attorney-in-fact to sign and deliver such documents raining any such covenants , conditions and restrictions. TRANSFERS (1) Assignment and Subletting. The Lessee may assign or sublet or part • possession of all or any part of the Premises without the prior written ent of the Lessor, provided, however that (i) no assignment or sublease of portion of the Property to be surrendered to the Lessor upon Initial ivision (as defined in the Development Lease) shall be made, and ( ii ) no gement shall be permitted during the initial five years of the term out the Lessor's prior written consent except an assignment to an liate of the Lessee or a partnership in which the Lessee or his Affiliate a general partner. Upon any assignment or sublease to an Affiliate or ird-Party, a true copy of the assignment or sublease shall be promptly livered to the Lessor. Upon an assignment of this lease to a Person whose t worth and financial condition is substantial given the nature and the tent of the obligations to be assumed by the assignee, the Lessor shall lease the Lessee from all further liability under the lease with respect to portion assigned. (2) Partial Assignments. The Lessee may assign the lease with respect to Tract or Tracts on the same conditions as are stated in Paragraph D(1 ) , ,vided that (i) if the Tract is not a Developed Tract , the Minimum Annual A under the partial assignment shall be in the proportion that the area of Tract or Tracts so assigned bears to the area of Premises immediately or to assignment, and (ii) if the Tract is a Developed Tract at the time of ignment, the rent shall be determined in accordance with the Development se. (3) Consent to Mortgage. The Lessee may from time to time without the sent of the Lessor mortgage this lease to any lender as mortgagee, or ome the beneficiary of carryback financing liens with respect to the sehold interest in connection with assignments of all or portions of this se. (4) Notices. After receipt of an executed copy of a mortgage of the ;e, the Lessor shall send the mortgagee a copy of any notice sent by the ;or to the Lessee pursuant to this lease. (5) Enforcement of Mortgage. A mortgagee of this lease may enforce its :gage and acquire title to the leasehold estate in any lawful way, and ling foreclosure of the mortgage (or pending sale of the lease in lieu of :closure of the mortgage) , may take possession of and rent the Premises . i foreclosure of the mortgage or assignment in lieu of foreclosure the gagee may, without consent of the Lessor, sell and assign the leasehold to by assignment in which the assignee shall expressly assume and agree to rve and perform all the covenants of the lessee under this lease, and such gnee may make a purchase money mortgage of this lease to the mortgagee or other Person provided that a true copy of the executed assignment and any gage shall be delivered promptly to the Lessor. The mortgagee or any nt of the mortgagee pending foreclosure shall be liable to perform the gations imposed on the lessee by this lease only during the period such on has possession or ownership of the leasehold estate. Nothing contained he mortgage shall release or be deemed to relieve the Lessee from the full faithful observance and performance of any covenant and condition lined in the lease and on the Lessee's part to be observed and performed From any liability for the nonobservance or nonperformance of such tants or conditions nor a waiver of any rights of the Lessor under the e. Should there be any conflict between the provisions of this lease and mortgage, the former shall control except as hereinabove set forth. .6) Protection of Mortgagee. The Lessor will not exercise the Lessor 's . to terminate the lease with respect to all or any portion of the ses because of any default by the Lessee under the lease if the mortgagee -5- 1r its assigns, within one hundred twenty days after receipt of written notice rom the Lessor of its intention to terminate the lease for any such cause, hall cure such default if the default consists of a failure to make any ayments required under the lease. Notwithstanding anything to the contrary n this lease, whenever the leasehold interest is encumbered by a mortgage or eed of trust, this lease shall not be subject to termination with respect to he entire Premises or any portion of the Premises for any default that does of consist of a failure to make any payments required under the lease, but he Lessor shall continue to have its remedies under the lease as well as the emedy of injunction when irreparable harm is threatened. Upon foreclosure ale of this lease or assignment in lieu of foreclosure, the time for erformance of any obligation of the Lessee then in default not consisting of le failure to pay money shall be extended by the time reasonably necessary to )mplete such performance with due diligence. The ownership by or for the une Person of both the fee and leasehold estates in the Premises shall not 'feet the merger of those estates without the prior written consent of any >rtgagee affected by the merger. (7) Lessee's Bankruptcy. If a bankruptcy proceeding is commenced by or ainst the Lessee, the mortgagee shall have the option and the Lessor shall cognize the mortgagee's right , within the statutory period , to obtain or use the Lessee or the trustee in bankruptcy to obtain (i) an abandonment of e leasehold estate by the Lessee or the trustee in bankruptcy pursuant to e provisions of the Bankruptcy Code, or any successor law having similar feet , or (ii) an assumption of the lease pursuant to the provisions of the nkruptcy Code, or any successor law having similar effect. The Lessor reel to extend the limitation period for the trustee to assume or reject the ase for a period of not more than sixty days. All such extensions are on e continuing conditions that all rent and other charges under the lease are id when due. (8) New Lease. If this lease shall terminate prior to the expiration of term (whether due to bankruptcy of the Lessee, operation of law or lerwise), the mortgagee (or the senior mortgagee, if there is more than one) X11 have an option to obtain from the Lessor (i) an instrument recognizing, 'firming, and giving legal effect to the continued existence of the lease m "Lease Confirmation"), or (ii) a new lease of the Premises demised by the se in favor of the mortgagee or its designee (the "New lease") upon the lowing terms and conditions: (a) Within sixty days after the mortgagee receives written notice from the Lessor of the termination of the lease, the mortgagee shall make a written request to the Lessor for a Lease Confirmation or a New Lease, and the mortgagee or its designee shall enter into the applicable document within thirty days after receipt of the document from the Lessor. (b) As a condition to and upon the execution and delivery of the Lease Confirmation or the New Lease, the mortgagee shall pay to the Lessor (i) any and all sums which are then due under the lease (whether or not terminated), (ii) all expenses, including advances made under the lease to protect the Premises and reasonable attorneys ' fees incurred by the Lessor in connection with the Lessee 's default, the rejection or termination of -6- this lease and the recovery of possession of the Premises and all expenses incurred in the preparation, execution and delivery of thei)Lease Confirmation or the New Lease. (c) The New Lease shall have a term commencing as of the date of termination of the lease and coinciding with the remaining term of this lease and be at the same rent and upon the same terms, covenants and conditions as contained in the lease , as it may have been amended prior to the date of termination, except that the New Lease shall contain the promise of the lessee to indemnify the Lessor from and against all claims , demands or liability for loss or damage arising out of or in connection with the issuance of the New Lease and to reimburse the Lessor for its costs and expenses, including reasonable attorney's fees, incurred in connection with the defense of any such claims , and the five year provision in Paragraph D(1 ) shall not be applicable to the New Lease. (d) Concurrently with execution of the New Lease, the Lessor shall assign to the new lessee Lessor's interest in and to any existing subleases , if applicable, the subtenants of which have attorned to and been recognized by the Lessor. During the period between the termination of the lease and the execution of the New Lease, the Lessor shall not amend or modify the subleases or take any action with respect to the demised Premises which will impair the property which is the security for the mortgage. (e) The Lease Confirmation or the New Lease shall have the same priority with respect to any mortgage, lien, charge or encumbrance on the fee of the Premises as the lease had immediately prior to its termination, and the lessee under the New Lease shall have the same right, title and interest in and to the Premises and the buildings and improvements thereon as the Lessee had under the lease immediately prior to its termination; provided, however, that the Lessor makes no representations, warranties or covenants with respect to encumbrances, liens or other matters not within the control of the Lessor that impair or may impair the lessee's right, title and interest under the New Lease; (f) The mortgagee, if it is the initial new lessee. may assign the New Lease without the Lessor's consent by an assignment in which the assignee shall expressly assume and agree to observe and perform all the covenants of the lessee under the New Lease, and such assignee may make a purchase money mortgage of the New Lease to the mortgagee. A true copy of the executed assignment and any mortgage shall be delivered promptly to the Lessor. No other or further assignment or mortgage of the New Lease for which the written consent of the Lessor is required shall be made without such consent; (g) If the mortgagee shall demand a New Lease, the Lessor agrees, at :he request of, on behalf of, and at the sole expense of the mortgagee to join in any proceedings (and if required by law, such )roceedings to be brought in its name) to oust or t emo e� ny the o peita original .essee from the Premises, but not any subtenants actually occupying the 'remises who have attorned to and been recognized by the Lessor. -7- (h) The provisions of this Paragraph D(8) are intended for the exclusive benefit of the mortgagee or any Person acquiring the Lease upon or in lieu of foreclosure of the mortgage and is not intended to and shall not be deemed to, confer any rights or benefits upon the Lessee or the Lessee's trustee in bankruptcy. (i) Mention of this Paragraph D(8) may be placed of record, and any and all mortgages or other liens , charges or encumbrances on the Lessor's interest in the Premises arising after the date of recordation or filing shall be subordinate to the provisions of this instrument. Any New Lease issued pursuant to the provisions of this instrument shall be prior to any such mortgage or other lien, charge, or encumbrance to the fullest extent permitted by law. (9) Amendment or Surrender of Lease. During the continuance of a rtgage of which the Lessor has notice, no agreement hereafter made between e Lessor and the Lessee amending, correcting or surrendering the lease shall effective without the prior written consent of the mortgagee. (10) Liability of Mortgagee. (a) No mortgagee of this lease shall be or become liable to the Lessor as an assignee of this lease or otherwise for the payment or performance of any obligation of the Lessee until the holder expressly assumes by written agreement the payment or performance of such obligation. No assumption of liability shall be inferred from or result from foreclosure or other proceedings in the nature of foreclosure or as a result of any other action or remedy contained in a mortgage, or from a conveyance or assignment pursuant to which any purchaser at foreclosure shall acquire the rights and interests of the Lessee under the terms of this lease. (b) The Lessor and the Lessee agree for the benefit of any holder of a mortgage of this lease that they will not subordinate this lease to any mortgage that may hereafter be placed on the fee interest in the real property which comprises any portion of the Premises or amend or alter any provisions of this lease or consent to any prepayment of any rental or additional rental without securing the written consent of any such mortgagee. WELL SITE OPTION (1) During the lease term, the Lessor grants the Lessee an option to lire twenty thousand square feet of land on the portion of the Property -endered to the Lessor upon completion of the Initial Subdivision to be I expressly for the purpose of a potable water well. The exact location of well site will be as mutually agreed upon so as not to unreasonably !rfere with the use of Lessor's property when and if the Lessee determines a well on the Lessor's mauka property is desirable for the Lessee 's )oses in developing the Premises. The Lessor understands that in order to :in potable water, the Well Site must be located at an elevation which is mated to be between nine hundred and twelve hundred feet above sea level . -8- 3 ie Lessee shall have the right to assign this option for the Well Site to the iter Commission of the County of Hawaii and either the Lessor or the County Hawaii shall have the right to develop a water well with associated squired facilities on the site. In addition to the Well Site, this option ►all include the right to easements for access , electric transmission lines id water transmission lines from the Well Site across the Lessor's property water storage facilities to be built on the Premises or other property of e Lessee. Access to the Well Site shall , to the extent reasonably possible, across the Lessee's property. The Lessee (1) shall pay all expenses sociated with the conveyance and development of the site, (2) shall covenant at any intrusion and disturbance to the Lessor will be minimized, and (3) ter construction, shall restore the Lessor's land surrounding the Well Site d transmission lines to even grade and good condition to the extent asonably possible. The Lessor agrees to cooperate with the Lessee, his ents and the Water Commission of the County of Hawaii in the selection, Ddivision and development of the site and to give reasonable access for the astruction and maintenance of the facility. Access to the Well Site and )urtenant easements and rights of way by the Lessee shall be limited to -poses reasonably related to the construction, use, operation, maintenance, )air and replacement of the well , electric and water transmission facilities ! appurtenant facilities. Any determination that this Paragraph E is 'alid or unenforceable shall not in any respect affect any other provisions this lease. (2) The consideration to purchase the Well Site shall be $4,590.00. consideration shall be paid in cash upon acquisition of title. FIRST REFUSAL TO PURCHASE. (1) If the Lessor shall decide to sell in whole or part its interest in Property or shall receive a bona fide offer from a Third Party to purchase or a portion of the Lessor's interest in the Property which the Lessor is ling to accept , the Lessor shall first give written notice to the Lessee, :h notice shall state the price, terms and conditions upon which the Lessor =rs its interest in the Property for sale (which price, terms and iitions shall not vary from those of any bona fide. Third-Party offer to :hale) and which notice shall contain a true copy of the bona fide offer, .uding the offeror's name and address. Such notice shall constitute an :vocable offer to sell such interest to the Lessee on the same terms as :ained in the notice from the Lessor. If within sixty days from the .ipt of the Notice the Lessee shall agree in writing to purchase the land the Lessor, the Lessor must sell and transfer the land to the Lessee upon terms and conditions set forth in the notice. If the Lessee does not e in writing to purchase within the sixty-day period, the Lessor is free ell and transfer the land to a Third Party, provided, however, that the or shall not make such a transfer at a price or upon terms or conditions favorable than those upon which the interest was first offered to the ee. If the Lessee agrees to purchase the land, the purchase shall be unmated within sixty days after the date of acceptance by the Lessee, ect to extensions for matters beyond the control of a party. If this e expires or is terminated in any manner or for any reason, all rights of -9- l 'we Lessee under this Paragraph shall cease, provided, however, that the first !fugal right shall continue with respect to lands surrendered to the Lessor lrsuant to the Development Lease for the balance of the lease term. This ight may not be assigned separately from the Development Lease. This right wall not be exerciseable by the Lessee if he is in default hereunder either the time the notice is given to the Lessee or on the date for closing the file. This right does not extend to transfers to the descendants of James and -ace Ackerman, but upon such transfer, this right in favor of the Lessee tall be binding upon said descendants in all respects as it was binding upon le Lessor. IN WITNESS WHEREOF, the parties hereto have executed these presents e day and year first above written. ACKERMAN RANCH, INC. , a Hawaii corpor tion B (:4-97((-, eY /1 !c - Its President BY it j/1/7/le- �1,f144 er- s Secretary-Treasurer Lessor i( ./ /irt.ztA,/,--- LYLE I,RSON "Lessee- -10- ATE OF HAWAII ) ) SS. LINTY OF HAWAII ) On this -X. dayof -(om , 191') , before me appeared A. ACKERMAN and GRACE B. ACKERMAN, to me personally known, who, being by me ty sworn, did say that they are the President and Secretary-Treasurer, :pectively, of ACKERMAN RANCH, INC. , a Hawaii corporation, and that the seal .ixed to the foregoing instrument is the corporate seal of said corporation I that said instrument was signed and sealed in behalf of said corporation authority of its Board of Directors, and said officers acknowledged said trument to be the free act and deed of said corporation. >G' (14 Notary Public, State of Hawaii My commission expires : I -/.q-$y T OF ARIZONA . ) TY OF �p�(1 d } ) S S. On this day of( -J , 192a, before me personally ared LYLE ANDERSON, to me knee the person described who uted the foregoing instrument, and acknowledged that he executed the dsame is free act and deed. -- (-1\fir\A : 6.1).\.11S) (I. Noary Public, in and for said County and State My commission ex. ' ; d ` �My _ -ll - EXHIBIT "A- All arcels (onuaina 4th and those certain Honuaina3rd, North of Kona ,rd Hawaii ,at de no ate , , the Tax Maps for the County of Hawaii as Tax Ma designated n -9-12 : 5 (approximately 246 . 75 acres) , 7-9-12 : 4 P Key Nos . 7 . 4 acres) , 7-9-12 : 11 (approximate) 22 . 664 approximataly -9-06 : 01 (approximately 60 . 546 acres) , togethercrwit and h uildings, gates , fences , waterlines and other improvements all xisting thereon . is now SUBJECT, HOWEVER, TO: 1 . Reservation in favor of the State of Hawaii of 11 mineral and metallic mines . 2 . Unrecorded lease dated January 31 , 1981 , between :kerman Ranch, Inc . , as Lessor , and Kealakekua Ranch , Ltd. , as :ssee, expiring on January 31 , 1991 . 081689 7052H w V) CC WD cn o LU c U W O W o CCUv) U Z W CO O cn m OL W U Q D WF- CD V) 7 C W ---1 F- /- CD 2 - I Q Q cn < < Q co m -4• oo co R z -co Co' _0 . P 0 W ccnn b3 = V) co II s%; >-- 2 iv\ f Q i � "` Q ON # IIII N / > N i;; V) cn Q 1,% 1--- CC f�, Z 140 A0 >-- 0 %0 CO cn O % o LN % I III 1 CO 1 N = 1 ' d Q. I- )._ ..__.- I__. W & W cr ~' D - cr W O N _J> - U3 U U _ >- cn CO X• a O u p N -COWti- I m tD W --1Z � in a Q FO- Q E5 C' _ !• d N IL I-- -up O - < CD CC N (Co 0 w CC CC 4 C r._ ( Cr)WD a- t- D 1- DU U0 1-1-i O W _ , 0 UU UU (n N Z U Q - - Z w co - Ct O O cn CO U < U < D 1-- CO I- 1.1.1 m (n J J I— J 1-- F- < J Q 1 < Q J J � = Q Q U) n- < a U) U) < u) Q Q < CO < CO m i/ N cD .� 00 cD z II% O J `` I to 1i' W N z j1 N 2 N � IA }- Q CO IA 0 'IAW W N 11 N > I '' LO 1 (n Q tIA V) Nz '°` 06 CLiQ o P > F- 6 o = 1 CO (/) (1) i w J Q (I) cr N 0 X 4 cc OG U- ui N• a e tD Mr. Richard Frye Oceanside 1250 74-5620A Palani Road Suite 200 Kailua-Kona, Hawaii 96740 Re: TMK Nos: (3) 7-9-12: 04 (3) 7-9-12: 11 (3) 8-1-04: 03 (3) 8-1-04: 56 Dear Mr. Frye: This letter is to acknowledge that 1250 Oceanside Partners, a Hawaii limited partnership, dba OCEANSIDE 1250 has obtained or acquired ownership or control of the Right(s)-of-Way for the entire length of the Bypass Highway and has satisfied the requirements as described in Paragraph 13 of that certain Development Agreement dated entered into by and between OCEANSIDE 1250 and the County of Hawaii. OCEANSIDE 1250 is hereby released from all further responsibilities and obligations with respect to said segment of the Bypass Highway. Very truly yours, COUNTY OF HAWAII EXHIBIT N -a~� /— ��^ _ `moi- 1�— _ • . _ / !-_i `. _ - - �_ \ 1.J �1 � .7--1,..-_ilv_ l, • - o- - ..- Cmo` ���- J: - i .,` -- • • .°: - `�:'.� _' _ �' c ..wahxy -1-:.-=--'-'.' '', - em -, -,,. , . ,.. , ,.,...,,, ,..,,,1- ....a -- ------- :;_,-..! -• ! r y h. V ►Z`� i it _ p • `: ' I" -tel• ...--• y. .�•►- .•.- +..d� \.� `.411N. --,";:r.)--:1-1--• a%?."• -...- •- ' _ \ G• �-fir_ �L' a.'�i - , ` .\ •�' �_ _�•�` �[sgw sN. em .%• 44,�. • -i'v�• - r `_ _ r 'fie .,4.1,�a� i L -- •,, �' L=2c'' - .. , - • .• a 4"140 .. � _- s • Ii. `..•/ �_ . '_�e ` `rte J`� \ +s 4,,J - C • _ _ J ,:5�!!M; � +syyl _ ,� wa b�K,.v �� B' }p}p��� '�yy�'�J � to d � C=.• �. ,s,���•- ��' ' ,i. ! _ �� �` r ,trK • '• ` t , P • r: r . � i. Y .,E- \ i —a • � ` _ ' � *Ci.:1:\-...7.: .''‘`•• ) i • r•ok - Ck 1 ' :. • I t wilkl .4 tom- 'r * t _, - _- T• • `•.1 - e . 4 ..t • /, EXHIBIT o Allocation of Fair-Sha sessments for the Proposed Mam 3 Bypass Road 44Y+r •'..-,'"''.:,:.'"..'"'..',:.,:*':*::::,".:.•;:.•,.:. .n X/ C T. 1 �F 7 S. f : 1).. � L w • =J >4. C: C' .. 1 \ ',a P .° +YAM, x<c CPa .: �C'' 44y�JJ4kx t,+k� " 4 ,' i• i4 Vii"` >`` : x 4 _ �Ay�• t <_ {i. �+y, r 'p er'k '',i.P.l.`•Y }.. C ) CC40 fW = rJ sw� �m ,- , • cu 4 ., L vJ in { Xmm , } Z i x O t9 P�3ayP ` ) �a� • q O m mai p tII '� • o0 � } ohm Z tal4 oc¢ �� 2U� o w x2 °re SU • x �' ' : COCI I — 111) co ' of ` x2 C O l9 �[ O Y 2UwO 3 . N i -( i 1- n cn 9m���� t l. ll2 go ° �° tl:�►1111IIIII 11111 a o E 1. ONS CKERHOFF EXHIBIT P t...7•- - i •' I 1' : .2".t.. \:•',-7•'::.""•;.. ... ' :- -_...•-,-----___ _,•' -- • ., .: -L.do-,.. .-N.•‘,... - • - • • - ••--•••' ••7•-•__- - --1! • • • •-: „ • Ii• - ' /1.....,••=. , , - • • e . • • ..-. : • i . • - ) - ..__ . .1,..e.- •• ..-, 3; •-- ".•- • - -..'•••;7 : . - T L / ' : .. --v.,..- t t: _..c.: • --___..--..-..,.z. __•-- _ 7....• . t ;- - - • - . ..,....... / -- • . ...... . • : ..., :,.. •— ---1.._ .- --- ____ :.. . •- ----_, ..--.:----..._ ,-. c--- .. . .. . __ . • --_, . • -. - .•... ,...-- , — - 1./--",, --:- _- :- A4s• `,;•••• ..--_„- ........L...;:::... -- • -, • -1 • - i 7--t: ',._...„-- -7-•Z 1- •—. , • -•-... 1•••:•- : - --..;.,• •Ir 3'.. '"'' --•::7.:.. . • _ - ••r---------- 1 t. ••• ..• ----r-r-: .. -- ••-•-• - -'p_....,-...*•4.,-. _--- _ -- ... j•- , 7.--_-....A • : - :-.....,iii•x--.-._ '- -ii. • -' ' - - 777, 4 ..I • ' .„. . - ---- -1----- ..•C'eP-.1"11 -L.."..,.. . -".\ N ._.,‘••. -1 ...,,.„_,/ _,• •.. ---,!..... ' --• - • • ••••... j_ Lo ...--, --.----•‘•...---• -..._•.-,,... : ... .•-•",-..,,":_,..-:>...... i • N._••••••• ... . • - , . • •-•f . qt-Tk.,....7.-••• •-•‘• ..__. ..:.,'f',"' -..._. ..... --••'- .4.:_--__ '. - - • 3. •••••.; .- N' •--•-...---•••••• ----'••- ,.'1 - L: . . - • • • ' • I..-Z ' ., • • • . • . . - _ - ••••••1 ,.... -f"--- ? - . . .0•: . f"--------f,-- • - - --.: ••••..... • 4 •-••••••.. •••• ••••••, • - ••••.. i • .. • • ' • .....- _ ........., . ...... • -•;,. .. _ .: • - - • ••••-•••--••••'............ .._...-..-.,LL . ' - . - -- -- •„.__.• ..---. ..•: .......1. -•••-.s., • - .. ... - . . -. .... • - • . • - ,.- . . ,. ....- . •S"."-•---7.%•-..4".,:--4i. i--• . -- •••••....\ •• • ‹.. T •• - • ,. ,„....! - ,•• ,-. • - ...-/ . ._ _ . - -..._____ ••...-._.••••.! .-.44tra.‘,.-illi ••..--:--7`..?"-2: - • . l - .. .....Z_ -t---• .• • ' - --. _ — --" .•• ••-•••••• .-.-"I•-•.671; •-'•••--I•/••-•.-• .• . •-••..... • • " 1 - _ _ _ 7:----N.,'-‘ • • . - .. • -- ,-,:.::.•---, _. .- ' s--.;.-2" '-- -,1 1 - -El t 'WI ' _____„,...._. _ ,......„,.., . . . . • - , • r- --:.---:--.. - -.- -- • .--• . ,-/;_7:5--=.' -.•-..'••:.7.-..--:;7. -• - :- ' ' ENSI*— d IIS A- - ••- • • • • , \,.._____' - •• i--,,... -• :-..: - 1- •*c.-....:N::-.- \ .., •- - •....--•I • . ......_ _ - -' -4-",--41 .4.-- Z.---:--:-..:__I i •--- '' • ' - ---->- _ -..„ ie .s ..•-..-.....— ...,. —."-.. . f•F J. r"--.. ..:.--it;:.•.--- ?-ip- .-v...w;drur.;7•7!--'17.' .•- %- .-":,'Irl'"'-r. ,_.,..3;,t-t" _-, _,._-_• -;,--•:..-_-,---.. .....z._.-----: _1. : .- . • ..-•-= •---,'--- t..,: ,z.•:-.. -• •-•.•;,,--.• • - - - • (_....:--. ..._...---..._------..-z-....:.:- •.._-:. ...-• ,---)-1. . ..L--., ..-• ...-„--.........._' .,.:,..:4_4.:.1 .' ,I.: ...,§_..... ._ ..!:,,, - --...... f ...\\y__...e••••••.10-fi• -. ..-... ...:_-'--__•..-.::::•-'••• ,-- •- '.-,-=.g• --- •Ts..„--••• .." •: - .. -?......,.-., .-.N. • -..-- , .---, ..*.kr....t.s: ,1-1 -,_...,...„-,›.-,••• - PAAcEl.'3,-1-;--...:-- . Z. '•--,',PAPCEI 0-- %.• • -\t' ,..;‹ - r.--:tis a's" '''. ' - ,.,..1.-,.c-4 . .- -..'' - 7.•sl--r / • .i... „.........w. • • -1 - •:- .---.;11,ALE.1--7 - - .---z. ."--;:a --•-: -, '."4.-.. • •-k•-_-.4.---;-• -----f ' )2it.. , . .. s ...,,__Lt:....,..-,..,..; :2.mi - ......x4-,;:„..._ . ........._.,.• - ...., ,,... . _ t-,,,,,_,,,,-_..f, O :r__,,--._.- latritai., ,. i.,______..",...,.,,.•....._.,.......,...... ,... _ --_,,,__ .... ,..... ...,__,.. , . -. - -`-t`,...-: -..., ...-.`-•, \41,(:..A• 2-'''•••- ze--- ' ----`41t.\- --,'-'..Ah.„..-..7.... ..1 •N ,s----,-----r-•-• _ ' T,--"t34*',7...,7- 1 •••:.:--*=-•-x.ts-r\_• •t.'...93e-'g'....."7::--.1,' --lt•----0•- ,,, "..--... "' • ••Air k••• ..------.-- -1 ll oh-,‘13 • • - ‘..•z 4 ---•- ::' -1' WAA-44rAr -- . A ---------z--;, - ..--.7,—.;-----.--- -7<P-- • .=-70 , :_:_i . SI) ._ ' . _ :;-__..tzT 4, ; . ...-7:. ...... :•,;::, -41,...---5.------ --1'`..A - • , ,. • . -- ,- -. .-1-1,-",., -3,*',4 at-.,,,,, ,....,,,,, _ ,„,,, •..;.1.\... .::.•• ....,,..... .-4-....77,"-_,...:4.--.-:5, t .. : .- i .. 0,./..E.P...EL' C :' . ••••••--..-": --,-..'? :13/,‘;,pti.". ,„..." :',,,,..0.Fiat....-._,- ,4qtr."-.(.4-'7.-:i "! --..7,-.. -::. , 1••':,-".1 N-r7.,'' "•T .:- ' :- T.V--`';'-''- --'. -‘%. "" •- --N.-.14.45.47.47•N-..-•a..2-4 11..vi- - -- _,---• '' . _• • s ..t71.94 ..::016%"Nic.i s.. ,--'. •-• - -."7-1-=', -<---AT). '•-:. -- - -,.••••......: - ,.e. '‘.. „.''...--. .rs 4V-z(gth.... ;7•/".... - ''• -j . • 1 - - / V.c -co•••:- .'-•s'itt-' - - :`• i oft:- .- •.__, s .;.... - ':-.:- •=-4.-.____ 11 `..eLt..._,,,,--t-L., -.. f,....,,h,..'''ik::--'-__; ,.. _..- ,,,. • . 'SR --- .1_,,'• 1)-.) ct‘... i k-• ,"-' •i s -w. ....,... i.-..-71, 4c; ..' •: ..-11 . :,s- -z-----," " - .011z4vIirIA. -3-.0 1 Si5-•-•7----/-- . ..-••! '-- - (" rPARCEI.E ' [ '.41-ftiz........ • .. ." C 1.. - .r....,00.72.. . ) \ - •--, . " ... . __ -- - .....xy!'- -•• -• 4X ... •.#".--- -... :-,,,,,,,.. • •''.1:N*C•V-- 1",m, • A.7407415 .-•-•ak --2-\\• -• ,a- _awe L-'-' -- , . . - • .:, •. --414,..-dr--.1.- - 'IKA- Ezite ",-' 9-i' r - tkiV-*-. r...••er: -. --- -- ..°-11... if -' '.'- .-. 6.A... •;... .-1. - -444.41:14- -i -043.. * er6i,br •••••.--- --tgaiza.-116, • .-1—- :1T-p-°- eV4e::".. -es -... NitrAW:h: --v--. 4,-'1'..-" ,...---1:1Dir--...... .__ -- . . • , • .-- - .... -.t.-••.• \se • 0 1,. . .,,....,*.t. ---- " '--, ..- ---fv, '''' __-ziki,--. .\.,s„:---"*. ' --""-,...t•-•'e ---,:d-:-..:-..,--- -Le" 4- I-- . • '- 1'? . • t••••11iN' , •A •- . 7'4', ...lip:0,1i .." •,10Y,.. ....-..F.,..-,-••4:1-._.'\•••-••_%77:40.1"014,...\** -'-- ------N=rf...1„,n .1--_,V.45k._:,-/'''.- ' - •.- • :-. -Zs) I--14t6 :-. .5 - - ' i Ililk ..°,07 p''="` - • .1‘.., ...--lie .s.--.. 7': ..--. 2. . 41111, z - ., • .,Vici' '.., I.-J.,. -, '4116' t!.. ,0-,...,...,.— 1--'°.,-.: ..Nithip. %Nif, -43 ,--=-,,''' . • • e`.= , • ..e..,, ,- • aa ". . „.. •• -1><••••Akilint.'i..1:44.4"2"::::‘15" ' •'../-••-':‘1111 "•!....,..„:- -.7::"44 , '..k.- i''. Clat.'N ii--F••-----------.7.-..1.-- /7:-1-:'^•;'1/.....:1: • .• .•:-- -- \N '. ...0-•-....‘...\\ 7, -'... '.--" (S.' i• - •;•---'&1•,...4'`,. ....--e....• i ..-..,.. ,..--•z--%•jrCk'•%. -••.. .--1-P.,t.'.:•- -• ; - ,,.• ,-.. - • ..,.. • • .4%:,_ •-••• • .*: .r... ...,... 't. al.' ,,k.••• ,.\.„ - , ,N . .,•-4-.---- •-• , ,F...' ,.. / . - ,• •N \•- •-•'4 i .. .1 "Zr:•• ' rAti'. .,:.01' .• 1(7-2-• "I..' •'•••• "• ...,y.er-..- ...., _.,. .\ .?• r.•\5..„‘...• ). :N.;,.. 1 4-1 4:://r-4..1)"I' _thidi1 • • ''''' „„_V• '..,. .._••:_:,-%., ••4•--. '`..:4._ : _. -- ,a -' A „. N, ,,_, Jp,!. .(' ...1. -•••• 4•„,(.1...r., - --'1, ...,1 .._. -4 • • 1• A IS - , , ...j.-.................7 ,e1 ' ..'. • 5 . ' '•••'- - N. - • -1' tgi•'"I'L‘Cir..1- :-:-... . 1 _ • \ r--* • A.- ''.. • .4 7,,,,,•7; -...4 Nii 0 • ''' f...PCS", -'.%•'" -:.....\ .,.. _. L.-•• •• .-.,N %. ...: .. k.;_-__..: ....--'"_s 3. c • .4 .. ..t , .. - ..'•r- .-- - • Y -':- %-, ... IL. ., --• C' . . -....... c.-.............1--.‘ •-!0,.. .....,___-_.__ . , .., . .., -7"kr-• re\f'-‘,"•_,. --...- ....„ s.--1....•-•-.‘" - p EXHIBIT Q •'^L • / .1 -• ��; - • . • - -:- _-.. ::--p•---. •7\•. �` .Z.�-, ` - o , —`a_ :fes= t •__ - . `-- -- .--- - - i _ - _ ..t.,...__-_(N__"1- _ • • • - �-^1_ ----1.__ _ �_ - `` - - - ,. �4�,` C� ..✓ `� •-•,.: .-1�-;. �.�' ...- _•_ _i_Y--.1 •--t...:•,..__,....:-_-,:--,--: `it v` r ' ���i� � ' _tip '1 - -.7,- �� "�-- �• ". -'1 • �v. -...--•- p'•-i:.-r..,. ( 7. •`- (('y , i-•--Z 1.... - r __,...... 1 ........„......isti. •• _,...._....,.....,,..1.. ..,.."....,,.... _,............ :,..„..., _.,747,..„„......v,.. ..„ ., _ . . . . • _ _ _. ,..t ,__:...„, . .... . ,4 .,t,.-,h.,4„--_- .... , ....,.. ...,/nt. , .. . _ --. 1... .. • -,...-....., -ei,: -'•`•_ .\. -i ,-%c 1\..-`.,----- tis, �g lec .•- ...,-,......A...,...... l ,' .-• > _ .uC. ..ynoana.c �. tw� �}/ �- n., -- " i� Ilitrdrigr s � � _ t `� 1 [J ; - .= :i NC. �, .\• _ • _ ' tt �-•' P►..T.„,,,..4.-.._. ...,.....„4,, a1MI” S BC . -. - � �S)� �.-- t - •,..�(I�' A . _w•.e`:2:p4,`,...„*"a �a�` l•,\- _r " 1� '',•-•:::.',--- -- • sr � �` `' �`v -/\ :_LY., k.-�,`i_'�,„--... Q ...,.':.4... .- _ �ksVtr T , 43'� 7 P • *As revitA.,„„ � \ < f s..L., •� a!" .- a � iO`K•� . c'f`' -` l ' � Y it-e_ r1r �\ , • . '.V0'44.1 A evi,:a174' .1.4 -. .. •1 ) , .v.,... .A...‘, ,.., ,,, ,,, fit, .... e. .. • -•- u • 1,1-W 11 - . AI lir -• 7772 COASTLINE PARK EXHIBIT K COUNTY OF HAWAII STATE OF HAWAII BILL NO. (Dr, ORDINANCE NO. _ 94 73 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-88 (SOUTH KONA ZONE MAP) , (ZONING CODE) OF THE HAWAII COUNTYCODE, BYECHANG NGTTR.i.•25 DISTRICT CLASSIFICATION FROM AGRICULTURAL UNPLANNED (U) TO AGRICULTURAL (A-Sa) AND HOKUKANO 1ST 2ND, KANAUEUE(A-la) AT HONUAINO 3RD AND 4TH, AND 2ND, IANDAH NDN 1ST AND 2ND, HALEKII AKAU 1ST AND 2ND, KALUKALU 1ST, 2NDNAN 1ST AN 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, Y TAX MAP KEY 7-9-06 : PORTION OF 1, 7_ HAWAII , COVERED By AND 8-1-04 : PORTION OF 3 . 9-12 : PORTIONS OF 3 , 4 , AND 5 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-87 , Article 3 , Chapter 25 (Zonin Code g 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 Kanaueue 1st and 2nd , North Kona , Hawaii , shall be Agricultural (A-la) : PARCEL 1 : Beginning at the Southeasterly corner of this land , being also a point on the Northerl paryel of Royal Patent 1670 to John D. Y boundary of Commission Award 387 , Parish on a portion of Land of Commissioners for Foreign4 �Missions Section 2 to being alsooaa point on the division between Noth and SouthKona , ta point coordinates of said point of beginningthe o Government Survey Triangulation StationrePUU OHArred U- being 1 , 704 . 58 feet North and 6 , 126 . 02 feet East and running by azimuths measured clockwise from True South: EXHIBIT S 1 . 71' 45 ' 902 . 30 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions to a point; 2 . 152° 14 ' 1, 055 . 02 feet along the remainder of Grant 865 to John Nakookoo to a point; Thence, for the next seven (7) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 3 . 251` 23 ' 30" 224 . 69 feet to a point ; 4 . 250° 35 ' 58 . 35 feet to a point ; 5 . 255 ° 17 ' 131 . 07 feet to a point ; 6 . 240° 43 ' 26 . 91 feet to a point; 7 . 257° 50 ' 172 . 57 -feet to a point ; 8 . 243 ` 13 ' 30" 21 . 91 feet to a point ; 9 . 256° 57 ' 98 . 95 feet to a point ; Thence , for the next twelve (12) courses following along middle of stonewall and along the remainder of Grant 865 to John Nakookoo : 10 . 338` 17 ' 30" 158 . 36 feet to a point ; 11 . 257" 24 ' 102 . 95 feet to a point ; 12 . 255" 40 ' 30" 171 . 35 feet to a point ; 13 . 261 ° 29 ' 101 . 46 feet to a point ; 14 . 346" 30 ' 30" 54 . 40 feet to a point ; 15 . 343 ° 21 ' 30" 152 . 40 feet to a point ; 16 . 346" 20 ' 165 . 46 feet to a point ; -2- 17 . 343 ° 29 ' 30' 80 . 88 feet to a point ; 18 . 3570 13 ' 57 . 51 feet to a point ; 19 . 345 ° 53 ' 30` 154 . 41 feet to a point ; 20 . 333 ° 53 ' 114 . 71 feet to a point ; 21 . 345 ° 43 ' 43 . 78 feet to the point of beginning and containing an area of 22 . 25J. Acres , more or less . (Refer to Parcel 1 as shown on Exhibit "A" . ) The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanaueue 1st and 2nd , North Kona , Hawaii , shall be Agricultural (A-la ) : PARCEL 2 : Beginning at the Northwesterly corner of this parcel of land , being also a point on the Southerly boundary of Royal Patent 1098 , Land Commission Award 614 to Charles Hall , the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUJU OHAU" being 5 , 408 . 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South : Thence , for the next sixty-seven ( 67) courses following along middle of stonewall and along Royal Patent 1098 , Land Commission Award 614 to Charles Hall : 1 . 172° 44 ' 35 . 46 feet to a point ; 2 . 250° 06 ' 26 . 01 feet to a point ; 3 . 245° 26 ' 19 . 20 feet to a point ; 4 . 251" 15 ' 39 . 58 feet to a point ; 5 . 259° 25 ' 18 . 68 feet to a point ; 6 . 246° 50 ' 16 . 35 feet to a point ; -3- 7 . 254 " 27 ' 40 . 28 feet to a point ; 8 . 323 " 16 ' 7 . 32 feet to a point ; 9 . 249 ° 32 ' 44 . 32 feet to a point; 10 . 265 ' 01 ' 30" 16 . 93 feet to a point ; 11 . 271" 10 ' 30" 50 . 61 feet to a point; 12 . 261 " 46 ' 30" 67 . 77 feet to a point ; 13 . 256 ' 32 ' 30" 36 . 61 feet to a point ; 14 . 262° . 38 ' 30 . 23 feet to a point ; 15 . 258 ` 17 ' 37 . 28 feet to a point ; 16 . 254 ° 45 ' 21 . 32 feet to a point ; 17 . 257' 35 ' 30 " 36 . 22 feet to a point ; 18 . 265 ° 03 ' 21 . 89 feet to a point ; 19 . 263 " 53 ' 30" 45 . 49 feet to a point ; 20 . 266 ' 14 ' 44 . 43 feet to a point ; 21 . 249 ° 07 ' 32 . 29 feet to a point ; 22 . 256 ' 49 ' 30" 41 . 74 feet to a point ; 23 . 250' 03 ' 30" 91 . 17 feet to a point ; 24 . 257° 28 ' 88 . 18 feet to a point ; 25 . 253 " 37 ' 30" 14 . 36 feet to a point ; 26 . 271° 49 ' 7 . 86 feet to a point ; 27 . 243 " 18 ' 30" 43 . 30 feet to a point ; 28 . 252 ' 36 ' 45 . 75 feet to a point ; 29 . 262" 29 ' 35 . 65 feet to a point ; 30 . 265 ' 31 ' 13 . 70 feet to a point ; 31 . 260' 35 ' 30" 76 . 29 feet to a point ; 32 . 268 " 05 ' 30" 59 . 53 feet to a point ; -4- 33 . 253 " 44 ' 30" 12 . 40 feet to a point; 34 . 259 ° 40 ' 25 . 69 feet to a point; 35 . 264 ° 02 ' 51 . 71 feet to a point; 36 . 259 ° 49 ' 30" 85 . 74 feet to a point ; 37 . 266 ° 56 ' 48 . 70 feet to a point ; 38 . 265 ° 44 ' 61 . 02 feet to a point ; 39 . 272 ° 05 ' 60 . 95 feet to a point ; 40 . 269 ° 19 ' 30" 91 . 04 feet to . a point ; 41 . 275 ° 29 ' 26 . 42 feet to a point ; 42 . 280° 52 ' 30" 26 . 76 feet to a point ; 43 . 272 ° 21 ' 30" 28 . 45 feet to a point ; 44 . 277 ° 12 ' 46 . 47 feet to a point ; 45 . 273 ° 22 ' 30" 84 . 54 feet to a point ; 46 . 273 ° 04 ' 30" 57 . 99 feet to a point ; 47 . 270° 29 • 30 . 67 feet to •a point ; 48 . 275 ° 46 ' 30" 91 . 01 feet to a point ; 49 . 267° 59 ' 30" 87 . 48 feet to a point ; 50 . 261° 05 ' 30" 28 . 16 feet to a point ; 51 . 266 ° 13 ' 128 . 24 feet to a point ; 52 . 270° 26 ' 114 . 47 feet to a point ; 53 . 260° 09 • 81 . 24 feet to a point ; 54 . 262° 27 ' 166 . 66 feet to a point ; 55 . 261° 97 ' 108 . 98 feet to a point ; 56 . 243 ° 34 ' 33 . 10 feet to a point ; 57 . 259 ° 14 ' 30" 37 . 03 feet to a point ; 58 . 265 " 34 ' 30" 77 . 10 feet to a point ; -5- 59 . 262' 59 ' 118 . 99 feet to a point; 60 . 256" 19 ' 39 . 78 feet to a point ; 61 . 262° 44 ' 82 . 08 feet to a point ; 62 . 267" 50 ' 34 . 11 feet to a point ; 63 . 265 ° 25 ' 63 . 09 feet to a point ; 64 . 273 " 36 ' 30" 112 . 92 feet to a point : 65 . 268 ° 50 ' • 151 . 03 feet to a point ; 66 . 274 °. 59 ' 30" 35 . 27 feet to a point ; 67 . 268 ° 30 ' 30" 48 . 40 feet to a point ; Thence, for the next three (3 ) courses following along the Westerly side of old railroad and along the remainder of Grant 2029 to S . W. Makahiki : 68 . 15 ' 00 ' 431 . 60 feet to a point ; 69 . 0" 23 ' 223 .30 feet to a point ; 70 . 333 " 44 ' 145 . 20 feet to a point ; Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Grant 1453 to John • Cavanah: 71 . 319 " 08 ' 63 . 63 feet to a point ; 72 . 327° 12 ' 30" 92 . 54 feet to a point ; 73 . 333 ° 41 ' 55 . 11 feet to a point ; 74 . 341 " 52 ' 42 . 41 feet to a point ; 75 . 350" 21 ' 65 . 77 feet to a point ; 76 . 357' 11 ' 30" 87 . 84 feet to a point ; 77 . 7" 46 ' 82 . 65 feet to a point ; -6- 1 78 . 17° 59 ' 209 . 88 feet along the Westerly side of old railroad and along the remainders of Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence , for the next ten ( 10) courses following along the Westerly side of old railroad and along the remainder of Grant 1463 to Keawe : 79 . 15° 46 ' 30" 221 . 91 feet to a point ; 80 . 350° 40 ' 30" 86 . 03 feet to a point ; 81 . 346° 02 ' 30" 127 . 39 feet to a point ; 82 . 347° 43 ' 68 . 36 feet to a point ; 83 . 356 ° 37 ' 108 . 84 feet to a point ; 84 . 358 ° 09 ' 110 . 66 feet to a point ; 85 . 6 ' 27 ' 30" 75 . 31 feet to a point ; 86 . 357° 30 ' 30" 143 . 26 feet to a point ; 87 . 8 ' 45 ' 30" 30 . 57 feet to a point ; 88 . 359 ° 52 ' 108 . 27 feet to a point ; 89 . 265° 47 ' 29 . 79 feet along the remainder of Grant 1463 to Keawe to a point; Thence, for the next eight ( 8) courses following along the Easterly side of old railroad and along the remainder of Grant 1463 to Keawe : 90 . 357° 33 ' 107 . 96 feet to a point ; 91 . 352" 21 ' 72 . 88 feet to a point ; 92 . 356 ' 43 ' 30" 32 . 40 feet to a point ; 93 . 353 ' 27 ' 38 . 77 feet to a point ; _7_ 1 j 94 . 350° 36 ' 29 . 09 feet to a point ; 95 . 339° 51 ' 130 . 13 feet to a point ; 96 . 329 ° 39 ' 30" 32 . 22 feet to a point ; 97 . 326 ° 06 ' 51 . 01 feet to a point ; 98 . 324 ° 59 ' 10 . 48 feet along the Westerly face of stonewall and along the remainder of Royal Patent 5336 , Land Commission Award 9413 to Kahana to a point ; 99 . 320° 39 ' 115 . 81 feet along the remainder of Royal Patent 5336 , Land Commission Award 9413 to Kahana to a point ; 100 . 67° 26 ' 30" 92 . 41 feet along wire fence and along Grant 992 to W. Whitmarsh . to a point ; 101 . 70° 35 ' 63 . 69 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point ; 102 . 67° 10 ' 30" 124 . 47 feet along middle of stonewall and along Grant 992 to W. Whitmarsh to a point ; 103 . 72 ° 45 ' 45" 371 . 54 feet along Grant 992 to W. Whitmarsh to a point ; 104 . 79 ° 49 ' 199 . 17 feet along Grant 992 to W. Whitmarsh to a point ; Thence, for the next twenty-three (23 ) courses following along middle of stonewall and along Grant 992 to W. Whitmarsh: 105 . 82' 05 ' 30" 51 . 64 feet to a point ; 106 . 83 ' 18 ' 181 . 52 feet to a point ; - 8-- 107 . 84 ' 58 ' 30" 118 . 82 feet to a point ; 108 . 85 ° 30 ' 30" 145 . 13 feet to a point ; 109 . 91° 09 ' 79 . 55 feet to a point ; 110 . 82' 04 ' 95 . 77 feet to a point ; 111 . 82° 31 ' 45 " 212 . 72 feet to a point ; 112 . 359 ° 15 ' 512 . 31 feet to a point ; 113 . 268 ° 21 ' 280 . 72 feet to a point ; 114 . 259 ° 47 ' 379 . 67 feet to a point ; 115 . 260° 53 ' 149 . 26 feet to a point ; 116 . 259 ' 07 ' 153 . 59 feet to a point ; 117 . 266 ° 02 ' 30" 90 . 63 feet to a point ; 118 . 250° 32 ' 115 . 64 feet to a point ; 119 . 240° 54 ' 54 . 22 feet to a point ; 120 . 246 ° 41 ' 140 . 89 feet to a point ; 121 . 256 ° 30 ' 30" 95 . 53 feet to ' a point ; 122 . 240° 04 ' 30" 52 . 97 feet to a point ; 123 . 245 ° 12 ' 30" 66 . 16 feet to a point ; 124 . 257° 45 ' 30" 34 . 33 feet to a point ; 125 . 239 ' 59 ' 72 . 54 feet to a point ; 126 . 250° 39 ' 30" 70 . 76 feet to a point ; 127 . 246° 08 ' 111 . 93 feet to a point ; 128 . 332° 14 ' 1 , 055 . 02 feet along the remainder of Grant 865 to John Nakookoo to a point ; -9- Thence, for the next four (4 ) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions : 129 . 64 ° 12 ' 628 . 00 feet to a point; 130 . 79 ° 26 ' 602 . 00 feet to a point; 131. 77° 00 ' 987 . 00 feet to a point; 132 . 72° 13 ' 704 . 78 feet to a point; 133 . 154 ° 42 ' 918 . 93 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the right with • a radius of 1, 030 . 00, the chord azimuth and distance being : 134 . 174 ° 32 ' 30" 699 . 21 feet to a point ; 135 . 194 ° 23 ' 350 . 20 feet along the remainder of Grant 1587 to John Peters to a point ; Thence, following along the remainders of Grant 1587 to John Peters and Grant 1463 to Keawe on a curve to the left with a radius of 1, 270 . 00 feet , the chord azimuth and distance being : 136 . 165° 33 ' 1 , 224 . 95 feet to a point; 137 . 136 ° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point ; -10- Thence , following along the remainder of Grant 1463 to Keawe on a curve to the right with a radius of 1, 030 . 00 feet , the chord azimuth and distance being : 138 . 149 ° 59 ' 30" 473 . 03 feet to a point; 139 . 163 ° 16 ' 839 . 35 feet along the remainders of Grant 1463 to Keawe, Grant 1453 to John Cavanah and Grant 2029 to S. W. Makahiki to a point; Thence , following along the remainder of Grant 2029 to S . W. Makahiki on a curve to the left with a radius of 470 . 00 feet , the chord azimuth and distance being : • 140 . 136° 23 ' 15" 424 . 98 feet to a point; 141 . 165 ° 15 ' 189 . 91 feet along Grant 1651 to Charles Hall to the point of 'beginning and containing an area of 295 . 539 Acres . (Refer to Parcel 2 as shown on Exhibit "A" . ) SECTION 2 . Section 25-88 , 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 Halekii and Keekee 1st, South Kona , Hawaii , shall be Agricultural (A-la) : -11- PARCEL 3 : Beginning at the Northeasterly corner of this parcel of land , being also the Northwesterly corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point on the Southerly boundary of Grant 865 to John Nakookoo , the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 2 , 272 . 75 feet North and 8 , 616 . 61 feet East and running by azimuths measured clockwise from True South: 1 . 350° 44 ' 55" . 482 . 03 feet along Lots 39 , 38 , 37 , 36 , 35 and 34 of Kona Scenic Subdivision, Unit II (File Plan 1591) and along the remainder of Royal Patent 1670 to John D . Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions and along the Westerly end of Haleki ' i Street to a point; 2 . 78 ' 30 ' 470 . 15 feet along Lot 3 (Government Land - County of Hawaii ) to a point; 3 . 348 ° 30 ' 438 . 70 feet along Lot 3 (Government Land - County of Hawaii ) to a point ; 4 . 266 ` 28 ' 187 . 31 feet along Lot 3 (Government Land - County of Hawaii) to a point; Thence, for the next eleven ( 11) courses following along middle of stonewall : - 12- 5 . 4 " 59 ' 157 . 50 feet along Lots 22 and 21 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 6 . 17° 24 ' 30" 102 . 93 feet along Lots 21 and 20 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 7 . 7 ° 45 ' 30" 174 . 98 feet along Lots 20 and 19 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point ; 8 . 91' 17 ' 30" 56 . 46 feet along Lot 18 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; 9 . 355 ° 54 ' 30" 333 . 18 feet along Lots 18 and 17 of Keekee Estates (File Plan 2087) and along the remainder of Grant 977 to Panaunau to a point; Thence, for the next four (4 ) courses following along Grant 866 to Kapule: 10 . 86 ° 02 ' 30" 309 . 93 feet along Lot 2 to a point ; 11 . 80° 19 ' 207 . 35 feet along Lot 1 to a point; 12 . 75" 14 ' 183 . 86 feet along Lot 1 to a point ; 13 . 79 ° 02 ' 674 . 13 feet along Lot 1 to a point ; -13- 14 . 177° 38 ' 634 . 16 feet along the remainder of Grant 977 to Panaunau to a point; 15 . 75 ° 14 ' 1 , 338 . 05 feet along Grant 977 to Panaunau to a point; 16 . 150° 55 ' 956 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land • Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions to a point; 17 . 251° 45 ' 902 . 30 feet along Grant 865 to John Nakookoo to a point; Thence, for the next thirty-six (36) courses following along middle of stonewall - and along Grant 865 to John • Nakookoo : 18 . 250° 02 ' 30" 41 . 72 feet to a point; 19 . 238° 11 ' 30" 99 . 82 feet to a point ; 20 . 246° 13 ' 93 .37 feet to a point; 21. 253 ° 29 ' 121. 82 feet to a point ; 22 . 257° 51 ' 121 . 61 feet to a point; 23 . 249° 33 ' 59 . 76 feet to a point; 24 . 245° 51 ' 177 . 23 feet to a point ; 25 . 248 ° 02 ' 30" 92 . 17 feet to a point; 26 . 240° 26 ' 30" 60 . 37 feet to a point ; 27 . 254 ° 58 ' 110 . 46 feet to a point ; 28 . 258° 29 ' 24 . 30 feet to a point ; -14- n 29 . 274 " 56 ' 30" 31 . 91 feet to a point; 30 . 260° 18 ' 30" 148 . 31 feet to a point; 31 . 253 " 43 ' 47 . 09 feet to a point ; 32 . 243 ° 21 ' 30 " 89 . 60 feet to a point ; 33 . 263 ° 53 ' 30" 70 . 49 feet to a point ; 34 . 254 ° 39 • 30" 21 . 88 feet to a point ; 35 . 269° 41 ' 41 . 10 feet to a point; 36 . 288° 24 ' 45 . 97 feet to a point ; 37 . 255° 29 ' 30" 27 . 38 feet to a point ; 38 . 241° 21 ' 30 . 35 feet to a point; 39 . 227° 12 ' 30" 53 . 91 feet to a point ; 40 . 216° 24 ' 30" 55 . 73 feet to a point; 41 . 238 ° 55 ' 30 " 27 . 24 feet to a point; 42 . 255 ° 23 ' 30" 29 . 74 feet to a point; 43 . 271° 22 ' 69 . 73 feet to 'a point ; 44 . 265 ° 04 ' 29 . 52 feet to a point; 45 . 275° 29 ' 30" 98 . 69 feet to a point; 46 . 271° 04 ' 85 . 71 feet to a point; 47 . 277 ° 42 ' 30" 71 . 32 feet to a point ; 48 . 269 ° 46 ' 21 . 84 feet to a point ; 49 . 270° 48 ' 110 . 24 feet to a point; 50 . 268° 22 ' 91 . 02 feet to a point; 51 . 258° 19 ' 92 . 53 feet to a point ; 52 . 270" 26 ' 57 . 58 feet to a point ; -15- 53 . 265 ` 38 ' 177 . 70 feet to the point of beginning and containing an area of 94 . 387 Acres , more or less . (Refer to Pacel 3 as shown on Exhibit "A" . ) The district classification of the following area situated at Halekii , Keekee 1st and 2nd, Ilikahi , Kanakau - 1st and 2nd , Kalukalu 1st, . 2nd, and 3rd and Onouli 1st , South Kona , Hawaii , shall be Agricultural (A-la) : PARCEL 4 : Beginning at the Southeasterly corner of this parcel of land , being also a point on the Northerly boundary of Grant 1162 to F. O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 4 , 046 . 78 feet South and 6 , 502 . 93 feet East and running by azimuths measured clockwise from True South : 1 . 65° 45 ' 54 " 1, 071. 96 feet along middle of stonewall and along Grant 1162 to F. O. Schulze to a point; 2 . 78 ° 08 ' 30" 1, 407 . 43 feet along middle of stonewall and along Grant 1162 to F. O . Schulze to a point; Thence, for the next three (3 ) courses following along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole: 3 . 203 ° 12 ' 488 . 09 feet to a point; Thence , following on a curve to the left with a radius of 870 . 00 feet , the chord azimuth and distance being : - 16- 4 . 172` 50 ' 30" 879 . 41 feet to a point ; 5 . 142° 29 ' 272 . 49 feet to a point ; Thence, following along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole, Grant 1160 to H. N. Greenwell , and Grant 1576 to Lohi on a curve to the right with a radius of 1, 130 . 00 feet, the chord azimuth and distance being : 6 . 169 ° 47 ' 1 , 036 . 55 feet to a point ; 7 . 197° 05 ' 307 . 17 feet along the remainders of Grant 1576 to Lohi and Grant 1464 to Ialua to a point ; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a radius of 645 . 00 feet, the chord azimuth and distance being : 8 . 183 ° 07 ' 311 . 35 feet to a point ; 9 . 169 ° 09 ' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point ; Thence , following along the remainders of Grant 1464 to Ialua and Grant 1175 to Nakauwaa on a curve to the right with a radius of 705 . 00 feet, the chord azimuth and distance being : 10 . 186° 06 ' 411 . 07 feet to a point ; -17- 11 . 203 ° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point ; Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to Kamakahiona on a curve to the left with a radius of 645 . 00 feet, the chord azimuth and distance being : 12 . 186° 42 ' 30" 362 . 96 feet to a point ; 13 . 170° 22 ' 60 . 05 feet along the remainder of Grant 1177 to Kamakahiona to a point ; Thence , following along the remainders of Grant 1177 to Kamakahiona and Grant 1176 to Kini on a curve to the right with a radius of 705 . 00 feet, the chord azimuth and distance being : • 14 . 186° 12 ' 384 . 70 feet to a point; Thence, for the next five (5) courses following along the remainder of Grant 1176 to Kini : 15 . 202° 02 ' 35 . 26 feet to a point ; Thence, following on a curve to the left with a radius of 30 . 00 fee€ , the chord azimuth and distance being : 16 . 157" 02 ' 42 . 43 feet to a point ; 17 . 112° 02 ' 85 . 32 feet to a point ; Thence, following on a curve to the left with a radius of 645 . 00 feet , the chord azimuth and distance being : 18 . 97" 14 ' 329 . 53 feet to a point ; 19 . 82° 26 ' 397 . 26 feet to a point ; -18- Thence, following along the remainders of Grant 1176 to Kini and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions on a curve to the right with a radius of 705 . 00 feet , the chord azimuth and distance being : 20 . 118 " 34 ' 831 . 43 feet to a point ; 21 . 154 ` 42 ' • 342 . 97 feet along the remainder of Royal Patent 1670 to John D . Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions to a point ; 22 . 252 ° 13 ' 704 . 78 feet along Grant 1587 to John Peters and Grant 865 to John Nakookoo to a point ; Thence, for the next three (3) courses following along Grant 865 to John Nakookoo : 23 . 257" 00 ' 987 . 00 feet to a point ; 24 . 259 ' 26 ' 602 . 00 feet to a point ; 25 . 244 " 12 ' 628 . 00 feet to a point ; 26 . 330' 55 ' 956 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions to a point ; - 19- I 27 . 255" 14 ' 1, 338 . 05 feet along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4 , Section 2 to American Board of Commissioners for Foreign Missions to a point ; 28 . 357" 38 ' 634 . 16 feet along Grant 977 to Panaunau to a point ; 29 . 76" 40 ' 30" 1, 596 . 74 feet along Grant 1177 to Kamakahiona to a point; 30 . 76 " 40 ' 30" 44 . 81 feet along Grant 1177 to Kamakahiona to a point ; Thence, for the next six ( 6 ) courses following along the Westerly side of old railroad : 31 . 353 ` 25 ' 54 . 23 feet to a point ; 32 . 346" 06 ' 95 . 32 feet to a point ; 33 . 342' 16 ' 30" 289 . 54 feet to a point ; 34 . 341 ` 04 ' 132 . 29 feet to a point; 35 . 345" 33 ' 48 . 71 feet along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa to . a point ; Thence, for the next six ( 6) courses following along the remainder of Grant 1175 to Nakauwaa : 36 . 350` 55 ' 30" 47 . 80 feet to a point ; 37 . 260` 45 ' 8 . 34 feet to a point ; Thence , for the next four (4 ) courses following along the Westerly face of stonewall and along the Easterly side of old railroad : -20- 38 . 353 ` 43 ' 30- 58 . 69 feet to a point; 39 . 1 ' 03 ' 30" 50 . 75 feet to a point; 40 . 4 ' 06 ' 30` 32 . 09 feet to a point; 41 . 9 ` 18 ' 30- 46 . 75 feet to a point; Thence , for the next four (4 ) courses following along the Northerly face of stonewall : 42 . 79 ' 50 ' 28 . 51 feet along Grant 787 to H . N. Greenwell to a point; 43 . 63 ' 01 ' 30` 205 . 62 feet along Grant 787 to H . N. Greenwell to a point ; Thence , for the next twenty-six (26) courses following along the remainder of Grant 787 to H. N. Greenwell : 44 . 58 ' 15 ' 190 . 84 feet to a point; 45 . 95° 12 ' 30" 36 . 26 feet to a point; Thence , for the next ten ( 10) courses following along the Westerly face of stonewall : 46 . 340" 55 ' 30- 51 . 47 feet to a point; 47 . 336point; 12 ' 30- 95 . 40 feet to a . 48 . 340" 54 ' 85 . 38 feet to a point; 49 . 338" 48 ' 30- 46 . 81 feet to a point; 50 . 342` 23 ' 65 . 75 feet to a point; 51 . 334 ' 35 ' 30- 65 . 95 feet to a point ; 52 . 332' 23 ' 82 . 87 feet to a point ; 53 . 324 ' 00 ' 11 . 13 feet to a point; 54 . 332" 36 ' 30" 113 . 50 feet to a point; -21- i n 55 . 347" 43 ' 24 . 68 feet to a point; Thence, for the next four (4 ) courses following along the Westerly side of old railroad : 56 . 338' 19 ' 61 . 45 feet to a point; 57 . 327" 39 ' 30" 17 . 91 feet to a point ; 58 . 347" 16 ' 94 . 25 feet to a _ point ; 59 . 344 ` 55 ' 30" 113 . 58 feet to a point; 60 . 267`. 05 ' 30" 16 . 83 feet to. a point; Thence, for the next six (6) courses following along middle of stonewall : 61 . 341` 48 ' 30" 54 . 25 feet to a point ; 62 . 346" 24 ' 30" 109 . 52 feet to a point; 63 . 330" 20 ' 62 . 30 feet to a point; 64 . 336" 48 ' 111 . 89 feet to a point; 65 . 325` 21 ' 106 . 90 feet to a point; 66 . 62 ` 18 ' 30" 29 . 22 feet to a point ; Thence, for the next three (3 ) courses following along Westerly face of stonewall : 67 . 337" 28 ' 30" 112 . 46 feet to a point ; 68 . 337 " 08 ' 183 . 98 feet to a point ; 69 . 337 ' 36 ' 30- 153 . 52 feet to a point ; 70 . 254 ` 02 ' 30" 25 . 45 feet along the Southerly face of stonewall and along Grant 787 to H . N . Greenwell to a point ; -22- Thence, for the next seven (7) courses following along the Westerly side of old railroad and along the remainder of Royal Patents 4386 and 7146 , Land Commission Award 8452 to A. Keohokalole : 71 . 338` 26 ' 168 . 87 feet to a point; 72 . 337 39 • 153 . 12 feet to a point; 73 . 335" 16 ' 30" 329 . 74 feet to a point; 74 . 336 ° 16 ' 30" 122 . 94 feet to a point; 75 . 334 ` 38 ' 30" 193 . 93 feet to a point ; 76 . 335" S9 • 267 . 46 feet to a point; 77 . 329 ` 13 ' 30- 141 . 50 feet to the point of beginning and containing an area of 271. 415 Acres . (Refer to Parcel 4 as shown on Exhibit "A" . ) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof (herein after referred to as "subject property" ) , SECTION 3 . 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 approva (B) The effective date of the rezoning shall be upon : ( 1) the execution of an agreement between the applicant , Lyle Anderson, and the County through its Department of Water Supply and Planning , to assign water commitment rights in the Kealakekua Source Agreement -23- to the current landowners of the subject property within one-hundred-eighty (180) days from the effective date of this ordinance; provided that a maximum ninety (90) day extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) the acceptance by the DepartmenL of Water Supply of the required water commitment payment in accordance with its "Water Commitment Policy" within one-hundred-eighty ( 180) days from the effective date of this ordinance; (C) Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and Tentative Subdivision Approval secured within fourq ( ) years from the effective date of this rezoning as determined in Condition B; Final Subdivision Approval shall be secured within five (5) years from the effective date of this rezoning as determined in Condition B . For the purpose of this ordinance, Final Subdivision Approval shall be defined as the subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size within the subject property; (D) A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works , whichever is applicable; (E) All electrical and communication utilities lines within the subject property shall be placed underground , with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site; -24 - (F) A Flood Study of the subject property shall be, submi the Planning Department in tted conjunction with plans submitt for subdivision review for any portion of the sub 'ec property. Drainage improvements � t shall be constructed in manner meeting with the approval of the Department of Public Works , prior to the issuance of Final Subdivision Approval for the subject property; (G) An archaeological mitigation and interpretation plan shall be 'Prepared and submitted for approval by the Planning Director , in consultation with the Department of Land and Natural Resources-Historic Preservation Division , prior to submitting plans for subdivision review. consist of three subplans : The Plan shall ( 1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3 ) an interpretation plan which shall include buffer zones , signage and long-range preservation concerns which may be submitted at a later date . Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject property; (H) The applicant shall be responsible to comply with Condition No . 8 of SMA Permit No . 345 issued to the applicant on November 5 , 1993 ; provided , that the construction of the coastline park and access ways shall be subject to the obtaining of all necessary discretionary permits (e . g . , Conservation District Use Approval ; Special Management Area Use Permit , etc . ) ; provided , further, that the applicant -25- shall be responsible to comply with the following terms ar conditions : (1) The applicant shall develop and submit a comprehensiv public shoreline access plan for the subject propert and the properties described in the SMA Permit y No . 345 , subject to the review and approval by the Planning Director, in consultation with the Departmen of Land and Natural Resources , prior to Final Subdivision Approval , or any land alteration activity whichever comes first;. (2) An area comprising twenty-five percent (25%) of the total park area , as shown on Exhibit "E" attached hereto and made a part hereof , shall be developed and improved by the applicant or its agent in phases within five (5) years from the date Final Subdivision Approval is obtained on the subject property. The first phase shall be completed and open to the public within thirty (30) days following the opening of the golf course; (3) No more than a total land area of twelve ( 12) acres shall be permitted to be constructed , operated and maintained as part of the applicant ' s golf course , approved as Use Permit No . 115 , and included within the coastline park or the existing conservation district lands ; (4 ) A minimum of twenty-five ( 25 ) public parking stalls in addition to parking stalls for residents , guests , and employees within the subject property and the applicant ' s adjacent lands at the principal shoreline access parking area (s) , signage and provisions for public access for night fishing and marine food -26- gathering purposes over designated vehicular and pedestrian access routes subject to restrictions whic limit said uses to recreation uses only, and other restrictions which provide for the health and safety of the general public and residents alike; and (5) The public shoreline access plan shall also integrate 4.nere appropriate, any public accesswayks) to interpretive trail system(s) and to the historical anc archaeological sites to be approved by the Planning Director, in consultation with the Department of Land and Natural Resources and in conjunction with the detail mitigation plan for the park area situated in the Conservation district . ( Z) Prior to final approval of a small lot subdivision plat within the subject property, the applicant shall convey to the County of Hawaii by way of a perpetual easement the right to public access and recreational use of the coastline park and trails ; provided, that restrictions in accordance with Chapter 115 , Hawaii Revised Statutes , will be allowed to be established by the applicant , subject to the approval of the Planning Director, to promote public health and safety and the general security of the -premises for residents and guest of the project to protect the areas ' pristine condition, and to minimize any liability to the applicant , pursuant to Chapter 520, Section 520-4 , Hawaii Revised Statutes . The applicant shall own the coastline park and trails in fee simple and maintain all lands in the coastline park area and operate such facility for public recreational use in accordance with the above terms and conditions ; -27- n (J) Should any unidentified sites or remains such as artifacts shell , bone, or charcoal deposits , human burials , rock or coral alignments , ered pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified . Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; (K) A solid waste management plan shall be prepared meeting with the approval of the s Department of Public Works prior to submitting plans for subdivision review . The Plan shall include , but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works ; (L) Roadway improvements and access (es) to the subject property, including all plans and construction , shall meet with the approval of the Department of Public Works . Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall : ( 1) construct the channelization and signalization of the Mamalahoa Highway-Haleki ' i Street intersection ; (2) determine the final right-of-way alignment of the entire Mamalahoa Bypass road as shown in Exhibit 'C` , including its intersection areas and its acquired ownership or control . The applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed -28- necessary by the Planning Director . In lieu of the applicant obtaining or acquiring ownership or control of any segment within the Phase Two portion of the Mamalahoa Bypass road , the requirement shall be deemed fulfilled up, the county ' s formal initiation of condemnation action such segments and an a 9 reement has been entered into for between the applicantto and the county providing for the applicant ' s reimbursement to the county for the acquisitic of the lands condemned; (3 ) construct Phase One of the Mamalahoa Bypass , as showr in Exhibit "C" , consisting of two lanes with sufficient right-of-way for a total of four lanes ; (4 ) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Bypass ; (5) construct the extension of Haleki ' i Street through th subject property as generally reflected in Exhibit "B" , which phasing of improvements shall be approved by the Department of Public Works . A barricade or breakaway gate, meeting with the requirements of the Department of Public Works , shall be installed by the applicant as part of the required Haleki ' i Street improvements prior to the completion of Phase 1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit or golf course clubhouse facility, whichever occurs first . The purpose of this conditior is to prevent the use of Haleki ' i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and the Phase 1 section of the Mamalahoa Highway Bypass until the entire proposed Bypass has been completed and opened for general public use; and -29- (6) provide roadway stub-outs , generally shown in Exhibit "B" , to provide future connections between the subject property, the Alii Highway, and southern extensions there from; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public *Works . The applicant shall construct the Mamalahoa Bypass to State Department of Transportation-Highways Division standards for a• regional arterial bypass highway or segments thereof , and shall provide a landscape buffer along highway sections within five hundred feet of existing dwelling , as required by the chief engineer , to reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations . Roadway segments providing the bypass ' s connection with the existing highways at its north termini shall be built to county dedicable standards for secondary arterials , pursuant to Chatper 23 of the Hawaii County Code, instead of the State DOT standards for major arterials , in the case where the roadway segment is consistent with a Department of Transportation plan which provides for such segments to be a lesser, connector road and for the later extension of the arterial bypass highway to be substantially further north or south before merging with other arterial roadways ; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction , land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the By-pass Highway and which funds are available to the county for such purpose; and provided further , that the total amount of reimbursement due to the applicant shall not exceed the -30- total cost of land acquisition, design and construction the Bypass Highway incurred bythe applicant, less the rata portion attributed to the subject property; (M) Prior to Final Subdivision Approval of any portion wit Area 2 as shown in Exhibit 'D- except for the golf hi cours golf clubhouse, lodge, and related facilities , the applicant shall : ( 1) complete the construction of the Phase Two of the Mamalahoa Bypass consisting of two lanes with sufficient right-of-way for a total of four lanes a shown in Exhibit `C' , meeting with the approval of Department of Public Works , in consultation with the State Department of Transportation-Highways Divisio1 and (2) complete the construction of the Mamalahoa Bypass • channelization improvements at its intersection witt Mamalohoa Highway and Napo ' opo ' o Road , meeting with the requirements of the Department of Public Works , consultation with the State Department of Transportation-Highways Division; • (N) All roadway improvements stated in Condition L and M of this ordinance shall be dedicated to the appropriate government entity. Those improvements associated with tui Mamalahoa Highway Bypass shall be offered to the State Director of Transportation pursuant to Section 264-1 of t Hawaii Revised Statutes . Any connector roadways , and any protion of the Mamalahoa Highway Bypass not accepted by t State Director of Transportation shall be dedicated to th County, as provided by law; -31- (0) To ensure that the Goals and Policies of the Recreational Element of the General Plan are implemented, the applicant shall provide a maximum of two acres of land abutting the north side of Kona Scenic Park for public purposes prior to Final Subdivision Approval of the subject property. (P) In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, I: L, and M, the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond , surety or other security deemed acceptable to the Planning Director and the Corporation Counsel . Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements ; (Q) The Applicant 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 road and traffic impacts , as required in Conditions L and M; (R) It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval . For the purpose of this condition , -agriculture" shall be defined as the cultivation of crops , including but not limited to flowers , vegetable , foliage, and fruits that are propagated for economic or personal use . An agricultural activity will be considered satisfactory: (1) if such activity is implementing a conservation program for the affected the a ProPerty( ies) , as approved pplicable soil and water conservation dist directors and filed with the Soil Conservati Sect on Servic (2) if it provides a source of income reside on to the person(s) wh the property; or (3 ) if the property is dedicated for a accordance with a griculture uses in pplicable Tax Department procedures and that such agriculture dedication deed covenant and dulyshall be made recorded witha of Conveyances and a the State Bureau copy of the recorded deeds shall be filed with the Planning Department w' from1 thin date of Final Subdivision A one year the pproval , Each approved lot must •• comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; (S) Restrictive covenants in the deeds of all shall prohibit the construction of a the proposed lots on each lot ; second dwelling unit provided that this shall not construction of a Preclude the guest house as defined under Chapter 25 of the Hawaii County Code. A copy of the proposed covenant (s) to be recorded with the Bureau shall be submitted to the of Conveyances Planning Department for review and approval prior to final subdivision of the approved covenant shall be recited approval . A copy in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise Prior to final subdivision approval ; -33- • (T) The Applicant shall pay its fair share contribution to address potential regional impacts of the subject property with respect to park, fire, police , solid waste disposal facilities , sewer and roads . The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the agricultural lot counts are adjusted . The fair share contributions described :,elow shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI) . The fair share contribution for each agricultural zoned lot of the subject property less than ten acres in size shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone . The fair share contribution in a form of cash , land , facilities , or any combination thereof shall have a maximum combined value of $ 4 , 701 , 205 . 74 . In lieu of paying the fair share contribution , the applicant may construct such improvements/facilities related to park, fire, police , solid waste disposal facilities , sewers and roads with the approval of the appropriate agency( ies) . Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall , at the applicant ' s request be credited towards any of the applicant ' s future developments that require infrastructural impact contributions ; (U) The Applicant shall conform, to the best extent practicable , with the guidelines as provided within the Strategies for Energy Efficient Architecture by Hawaiian Design and the State Model Energy Code , in the construction of dwellings within the subject property; -34 - (V) In the event that the State Department of Education an educational facilities impact fee programadop. ram shall participateP g the applicz in the requirements of the program; , (W) Comply with all applicable laws , rules , regulations and requirements, including those of the Department ofal Fire, and the Department of Water Supply; Health • (X) 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; (Y) 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 , (Z) 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 contro] 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 ; -35- t (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 addi.ional 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 . 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 or more appropriate designation. SECTION 4 . In the event that any portion of the ordinance is aclared invalid , such invalidity shall not affect the other parts E this ordinance . -36- SECTION 5 . This ordinance shall take effect upon its approval INTRODUCED BY: • COUNCIL MEMBER, COUNTY 0m1 HAhIA I I Hilo, Hawaii Date of Introduction : May 11 , 1994 Date of 1st Reading : May 11 . 1994 Date of 2nd Reading : June 15 , 1994 Effective Date : June 28 , 1994 APPROVED AS TO FORM AND LEGALITY: • -tiCORPORATION COUNSEL DATED: //G 9 -37- J ROBIN I.YAHDCU • %ter' y ate.+ / 41V4M j' !: CONSTAN BOBBY JEAN LE OFFICE OF THE COUNTY CLERK County of I-/aw i Hawaii County Building 25 Aupuni Strcct Hilo. Hawaii 96720 NQI On Bill No . 182, Dr. 6, Ordinance No . 94-73 , reference is made to map attached hereto, marked Exhibit ` A Said Exhibit is not part of the duplicate copies of this ordinance, due to its size, but is available .for viewing in the Office of the County Clerk. • If further information is needed , call 961-8255 . i_ i ' . ...: 5icsi; 'ob. . J Yahiku •UNTY CLERK c = z z , ►-- u, - � --\ S • '1 O x I- - , ! - t (.1) w (f) • .,a -.) • - s _ . . — _ - _ J = • ,... .•____L=TIRS 1..- sl (• , -.N.„ „ ) .,),,- •• : . __ _ 1,-LA . 14-. j . • ' Irkifs:rj _ _ _ 1- ..t ;1.1 t-- . '••• / - ' \SPA Is4-".t.':-.: 'I.\ I - • 31. : ..::). 1) a 9 1. ii /t • it d ,; r �` .1•%.- :)•W i ; ;) 4 I,k. . 1 •;,-.1)' ...r. ifi:•*;L.41 '114.5"iftterMdt -,12-.60v.-a V.0,-.-ir 744.`� -; 1�i>/„. i +_�1/•ice/ �L�/j,. %v;MM `, , war-041.1 ipi, • �'ie C' r, �"+;� r �! (• � '.'. \;' `1\ •'�jr�e�,Is.� .. � ,{,moi / ;Yr? / ,1,�,• �• 110011.16 �ti��...D.P,4gEravii - :111, - '.---A. Ii• ate!%g �r �.�`� gr. iQ .• ft(.?....?: i -412i 1 7 . W CiralliktV.-.".. --. . ,VW/.-, P i r • , 1?-ii..-::. A girt i_ ,.__:,..,..... -,,,,,,f 41 , . ,_ d 1-•.-.• -- ti . — :fir ; BA.- , Vi -4 •t-• = t: not.- � .. l• ,,i/t01_, ,-. • ---1... .1-,) i pief,. .,. 1.11 Lii /*Opt • fir“iiiik,.7.41 c.4114;16041/4. .... . ,P:..N.'.\ . 1 ,I....:41 a •:.f -I H ,.,1,0. ivit .A.X • VIPIIF .C, I il' : • •-/N, , 2 , ..:, ,- (-. . ) Si . - • - < ime' i ,•!:P:. a --` -•• t,:?. - . r. 01; ft f. 1 1 i% \ ;_ .nl�,„„ �/ 1.t � ,-,,, _e ms 2---- •...,-.-____ • ) 1 ." \ .. ....-.... 4re/be . f • 7 , r•- of 1117 -...,. I: Ft. A . •• 7 . Y71.r. 4',...: : ',. :;, .../......': -- , ... , , - / •. /, -t •il, . .� • ( ,,; `mow. �; / �J/ _. iii, • p : 11)-.1;-:. -)--..- ( ... k- :.1...„,,,,,k( • -. 0 cr) p--;(---..( •A' ..- . 1 •:.___.,_..,. ....T......________:_,____L_,__j/ •-• e . .. _f•-.. L._ ,• • , ,, g 1 0 I ,r.- • • .:-_. —. 0 F- . 1 ., ),. : s.c\ \ . , 7tirvilasr 244210%--.,; _!. i A ,>_ .0 c b z a co ;i1 ., _ . • -ri,-. . .- , , .. §. , ±- - .. t.iiif, _ vet." 2 y iii 0 -. 5 1,Ili V p.- r .0,- ,.. "*10 VIVI' c° 6 f;:fat* s 10/02) g (/) ;;. \4. rili 4% lir a/1 pie isit._ A%Pill tr; i CD ; _VVIi illge 61% filliaills. -.-, r4..17•P;s i talc Lu(4 r.'fir. �' �IT *Itilitti011- 1411 I 4V14f1j!14E4 ! jilt las%titows. t •( -"acoill_ 11 -.1 . i , `1rpsol tiArsisula's , -lig 11.,-, - 5-quoit.% 4.:71ti IL - i ,.. ail a ...:: . . 1 1!Ni1!P1L .-; -\ a Y .1I! t.,, 6 ;[ . cii-- 1) • • •-,g0 ) , I i 5 .p Y I . ;#:(. .r Zs I '. -y\ 1 I ' t - . • • • 1 ` • • . . • .,-2—. .- , - =• :c ;:::: + •: . _: � �---� . . : `- 1 , ' ` .is •i:▪ •• :::' A ��.. .• `t .-L • F. jt , ':! ' ,�• . ;• i� •:.a • • I> -1 c fir' • =:.N. >: \ 1 '_` . • — % ••i• ''•:1:: (•'• ▪ 'iii ' .9 I 1 Via• \a' :��-� \ /— � Vii' Z_' `, ;• ` �' S: !i:wti�`y;�w F —i ; :• • . •:;•(••••• --•/.' ,,Th's i ••••-•-'d by •::••••.•," --Rf At,. > -2---A".. -; -:-.-_••••tI-•-i'• ( 1. - - CL L pot 3: •ia C\I ''i ?l Q l: , + =' 'Q l •• • �r ...-.; -%-) i i7 41.71,N - ' —'- •-• • .. I-1-/ f-,&,_ ail. : •,4,.:-...7.-In'. ;$41 ....../ley*••• irai '•••• 41: 1 . .1.3-k .. • ••i 11. . Shlia: A:":. 4 H. °•••• • '.:.et • _</, N !1_,N, , t . G• 7 0 •'' 7---1,10 1 IttPr'• . -xi.LL/ -:-...:,0:.:t.••.:_4.1.1t., .i: . r • . Jim, ,,Pag560 . a, it, . ,Ittyr,,,,,A,, . I-1-1 - Aim. it ' -. IT:___1 .W v --. .. -1,FS,-- -.. I -\,, rl . .10. !al; .s. . $ ..::•", ::.- Avtir...,-.. .- ..,,t 0 ., . . . �'. ::.• L.�J I.' • is• j. , . l Q •(.:VOoR N� ,•-i-----___ • ) „ i • .•.; :,16 .1:w..: . .-? .. ... .--.::,_▪:x, I aw if •:::::•:•:-Fy. • . .. •. ; • • - -- - .-. y : '34• •✓ •- ...- , .. ::::.•. .....:::::.-1.:.:.:_; tii.•••A. _ kr• •it`• . • . _ . - & - .` . IC:i. t ... :••:. :.• : • \n, ,I :. • ,`: ( I \'c: - ( I\ •• •; 11 7 •` ,.. ‘.:::- • I... . :. .. ic,.. IT' .... . t '; I; i! • .1 • N. `I:' • .� . •' - ... r.`�'J'i.7 J r IIS ;7. • .• , . . ,. ... , . : , 7 .,- _ . .. •,.. ., ,. f--.7 „- v.-. . -...- • .-..- : • . -„,i. ._ . . :.... .., . . ...,...k....... •_. _:. , . ., ... „ ... ... . _f. • ••• . ' / J 4/ / :i 2- T-: . \--T,-; - • %It :0 . •p '. Y,: Yl • t I, r . ..(‘ a vii vi,. , • •- t tt , 1 . . ... ..., 40,1..1 a. I:— !i .N.j....0...`• il . .1- r iMAI. • : . i ., 1 1 . "451_ i• ; ' -• Olff • ; -.4... ,";* -..! . '1::1 ") -----.-7 • • . : ! . •'jf< •', -.P."/M4•1 li. : i.l.!; 1. I ....7.N.,- . ••I : ' • Ut.'IL../E• IV VI,\2: -f ' ' ' . .- i ..1 ''-.4,-.‘'. 't Ziii I o /._... ._ • • '-': -1::,:.-,..- - , .0 . - % rte{ - J '- / T • �.•—, • ., .. ., �.Y.� . `` ,' I;�� X11 i i /1 .. • • -1_F: '----( -(-1 1 r.t .7 . 1 ��; -__ ice` • --1.4 f:::: '• :I..—._-_ 1. )s\'e( j ,, ;' .'':Ni., • -,.....••/••1/-?• OFFICE OF THE COUNTY CLERK .- - County of Hawaii " Hilo , Hawaii °1; ( .. - 3 F1 -; .. ( DRAFT 5 ) ROLL CALL VOTE cd By. Takashi Domingo oducad: May 11 , 1994 AYES NOES ABS EX din g: Hay 11 , 1994AIa 111131.1111111111.111111111 3: NA sOrnc-ABRAM sON CHLLDS X . DE LIMA _ 11 ; 1994 - Deferred DOM[NGO X HALE _ . RA - ROSEHILL - SCH TTE ,_411lMllMIIIIIIIIIIIIII n ( DRAFT 6 ) :aging: June 15 , 1994 • ROLL June 15 . 1 994 'VOTE June 28 , 1994 AYES June 28 , 1994 NOES AIIS EX • X July 7 , 1994 BONK_ABR .MSON X CHIL.DS DE LIMA X DOMINGO X HALE X RAIN X ROSEHILL x SCHLITTE X 5 4 D J HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as above. <0011, 'PROVED as Io tA ond LEG • LITY �� V // J COUNCIL CHAIRMAN O;tA110N Courts .<-9 } r^/�'. UNTY OF HAWAII J l I • , /(/ COU C Di. this _ day . , 19 `_SF OUNTY F HAWAII Bill No.: l C 2 I Dra f t 6 ; '' u J RG H ,) . N u A H 7 2ND J N u 1.4N o NG 6O:Z� 6 L 1 ti N eo: Ilk ). „I, � ------ . . 0 7 r 6 s 90— -L e PO.9p-6-L V 1 L e rl v u t a 4, oe SO:90-6—L , L f rl u u t A 7 r 61-.90-6—L - limaLO:90-6—L r"•" ..r•-•• • 'r A W A N u • 2 /y G Y ° )1, St 90-6-1 o� Xi �. �.. d ct I s \ --\ ' .4� ,. Sp:SO'6_L 0 o ,k- U / -=1 7 c, s � i C.-1 m .47J -\ / r o e .y ^` be.50,6-` ••41,y J 0. o / ill 90:S0-6-LHJ / al ipIIr s i -•, j� /,/ Otri r I'4 L-11 of t 'r F p of ..g1 U 6„) e i� r/ O -I. Li V a0 --.:L_ o ch Ci o /VcD N 1 Nr.0 /;"fro \ IJ 1 1( :1wit I. neeigiligi C ., 4 ... . x-11 - ,4.1,.....------- L______ po , 4....-- .., Nikir'"1-'!, a .. II iv, O v y c., cr) it m co 1f ap,pplir 0 o of o �' I ci -y, I / I O a I 1-- • col O \I v. • I rto CO ).'''''''''''---. . r n ,tr T- 0 O r d ^ I y w ff CO 1 \ 1�C` O N r \' If - IA Q IA _________..2. o col *Nil7 4'118/ Z r� 1-2 I i----•---................ 7Y \ r 1nw 4 oN I r m �Lair 7 V b \ .1. `J N v N o N Era / I_ ( ., 0 ��.r S Al .. A. �4111111111%� i - ••\ IIIIIIIID ilii t y ) a \ 1111111111ridiLU: .1 minium ����$ \ nulunu►���ia 3 ' \ o N 1111111 ///q4i \•• x • 1 y OAI Y \ t N 1 p d d r a o x iy 1 S a21 �s� \ s n N---"----- '-_l / \ C`.\ v N Y '90 , ,J L, epi x Q Q N O h 7 N• I Y Q / T \ Q \ n N ' O h h C .Z .Z.:,... .. c, \ EXHIBIT 7 Of Counsel: DAMON KEY LEONG KUPCHAK HASTERT Attorneys at Law Electronically Filed A Law Corporation THIRD CIRCUIT 3CCV-23-0000123 KENNETH R. KUPCHAK 1085-0 31-MAR-2023 TOREN K. YAMAMOTO 11520-0 01:33 PM 1003 Bishop Street, Suite 1600 Dkt. 1 CMPS Honolulu, Hawaii 96813 www.hawaiilawyer.com Telephone: (808) 531-8031 Facsimile: (808) 533-2242 Attorneys for Plaintiff C &J COUPE FAMILY LIMITED PARTNERSHIP IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED ) CIVIL NO. PARTNERSHIP, ) ) COMPLAINT FOR DECLARATORY Plaintiff, ) AND INJUNCTIVE RELIEF; ) APPENDICES "A"— "B"; SUMMONS vs. ) ) COUNTY OF HAWAII; COUNTY OF ) HAWAII, PLANNING DEPARTMENT; ) ZENDO KERN, IN HIS OFFICIAL ) CAPACITY AS DIRECTOR OF THE ) COUNTY OF HAWAII, PLANNING ) DEPARTMENT; 1250 OCEANSIDE LLC; ) JOHN DOES 1-10; JANE DOES 1-10; DOE ) CORPORATIONS 1-10; DOE ) PARTNERSHIPS 1-10; and DOE ENTITIES) 1-10, ) ) Defendants. ) ) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF COMES NOW Plaintiff C & J FAMILY PARTNERSHIP ("Plaintiff'), and for claims against Defendants COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE EXHIBIT 7 COUNTY OF HAWAII, PLANNING DEPARTMENT (collectively "County" or "County Defendants"); 1250 OCEANSIDE LLC ("Oceanside"); JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10 alleges and avers as follows: INTRODUCTION L Oceanside Breaches Promise to Create and Dedicate Three Standard Public Road Segments. 1. Decades ago Oceanside) promised the people of the Big Island, among other things, to design, construct and dedicate to County three new public road segments — all to the express requirements of County standards. 2. Not only has Oceanside failed to do so, but they and County appear to have actively attempted to circumvent and/or ignore these obligations which are specifically required by at least two zoning ordinances and a development agreement, all of which, by law, were adopted by the County Council and signed by the Mayor. 3. Specifically, in 1996, Oceanside received two rezoning's for 711.2 acres of land (more or less)just South of Keauhou (the "Hokulia Lands"), in the form of Ordinance No. 96-8 and Ordinance 96-7 (signed into law by the Mayor on January 15, 1996). The rezoning of Hokulia Lands, granted by Ordinance No. 96-8 and Ordinance 96-7, made it possible for Oceanside to begin developing a high-end luxury golf-course and ocean viewing residential development which would be situated on said rezoned land ("Hokulia"). 4. Ordinance No. 96-8 and Ordinance 96-7 were later incorporated by reference into a development agreement entered into between Oceanside and County Defendant, recorded in the State of Hawaii Bureau of Conveyances on April 30, 1998 ("Development Agreement"). Oceanside's predecessor in interest 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250, had been responsible for actions prior to 2008. Oceanside as we now know it picked up all responsibilities and requirements under the Development Agreement. 2 710088 5. At issue here, Ordinances No. 96-8 and 96-7 required Oceanside, at its sole expense, to design and build, to the dedicable County standards specified under Chapter 23 of the Hawaii County Code, three roadways as located on Exhibit "B" to Ordinance 96-8, attached hereto and incorporated herein, as Appendix "A": a. a North-South Connector Road(the "Connector Road"), b. an extension of the Halekii Street from the end of the then public portion thereof to the Mauka side of Mamalahoa By-Pass ("Mauka Halekii Extension"); and c. a continuation of Halekii Street Makai of the Mamalahoa By-Pass ("Makai Halekii Extension"). 6. All three of these roadways (collectively "Required Public Roads") are expressly required, under the Development Agreement and Ordinances No. 96-8 and 96-7, to be dedicated to County. 7. In order to accommodate for the impact of Hokulia and its anticipated influence on the population of Kona, County required the dedication of Required Public Roads as important public infrastructure; and, Oceanside, anticipating a significant development timeframe and a lengthy absorption period for sale of the luxury residences to be developed on Hokulia Lands, sought to freeze the zoning obtained in Ordinance 96-8 and 96-7, to ensure their would-be purchasers that the zoning would remain intact. 8. State law (see Haw. Rev. Stat. § 46-121) offers a legal tool which can toll a county's rezoning hand, often referred to as a development agreement. In order to justify the staying of government action under a development agreement, a county is to receive material consideration often including developers creating public infrastructure which inter alia, might help to defray the burden imposed on the county to ameliorate changes in the community influenced by the contemplated development. 3 710088 9. Oceanside and County entered into and recorded a Development Agreement on April 30, 1998, which incorporated by reference the County of Hawaii Ordinance No. 96-8 and 96-7 (hereinafter the "Incorporated Ordinances"). Under the Development Agreement, the Required Public Roads are among the specific consideration promised by Oceanside to justify County's agreement to freeze the then existing land use controls on Hokulia Land. Such roadways were to be built to County standards at Oceanside's sole expense and dedicated as public infrastructure to County. 10. Now, 25 years later, while County has made no efforts to unilaterally change or undo the zoning freeze under the Development Agreement (i.e. keeping the zoning for the development untouched), it has come to Plaintiffs attention that County and Oceanside have not complied with a number of the key terms of the bargain, causing a material failure of the considerations of the Development Agreement and Incorporated Ordinances. 11. Despite the requirements in the Development Agreement and Incorporated Ordinances to have the Required Public Roads built for dedication to the County, the roads have not been built to dedicable County standards, specifically, those prescribed in Section 23-86. 12. The dedication of Required Public Roads has also yet to be effectuated, despite the Development Agreement's impending end date. Additionally, Oceanside has erected a guard facility on the Makai Halekii Extension (the "Guard Facility") in attempts to privatize the community and, for too long, deprive the public free, unfettered access to these public roads. 13. Thus, not only has Oceanside (while avoiding incurring millions of dollars in construction costs) deprived the public of the safety inherent in County's road building and dedication standards, but they have also unlawfully, and in contravention of the express language of Development Agreement and Incorporated Ordinances, deprived the community public access altogether. 4 710088 14. Defendant Oceanside, however, continues to benefit from marketing and sales that tout Hokulia as a private gated community, in direct contradiction of the intent of the Development Agreement and Incorporated Ordinances. See Hokulia Advertisement, attached hereto as Appendix B and made a part hereof. IL Oceanside and County's Unlawful Attempt to Amend the Development Agreement and Incorporated Ordinances. 15. Development agreements and ordinances can be amended in a number of legal ways, listed out in the Hawaii Revised Statutes, county ordinances, and development agreements themselves. 16. Yet, at least twice over, Oceanside (misguidedly or intentionally) and County (apparently casting a blind eye) have sought to circumvent the timely design and build, to standards, of the Required Public Roads within Hokulia as required under the Development Agreement and Incorporated Ordinances. 17. First, Oceanside and County attempted to sub-silentio amend the requirements of the Development Agreement and Incorporated Ordinances by way of an improper, inferior, and illegal variance. Said variance was procedurally and substantively improper, yet it was granted by County in an unlawful attempt to afford the Required Public Roads amnesty from the County code's dedication standards. A variance is not a valid tool to amend a development agreement or ordinances in the way in which it was attempted here, even if it otherwise complied with the requirements for obtaining a variance, which it did not. 18. Second, the County, pursuant to a resolution, accepted the Mauka Halekii Extension in a substandard condition to the County Code. The acceptance of a substandard dedication was on its face improper and illegal, but also, in effect, moved to amend the Development Agreement and Incorporated Ordinances in a similar fashion to the above 5 710088 mentioned variance. Amendment of the Development Agreement, pursuant to this resolution, was procedurally and substantively improper, and not only straps the County's citizens with tremendous liability via maintenance and improvement costs (a burden that was supposed to be shouldered by Oceanside), but also creates a potentially dangerous condition for said citizens. 19. These efforts to circumvent and failures to enforce (each ill-conceived, ultra vires, and against the strict dictates of the law) the Incorporated Ordinances and Development Agreement, including the use of a variance to circumvent County dedicable standards and a resolution to accept substandard dedications, cannot be left unaddressed. 20. Moreover, attempts to amend (i.e. the variance and resolution) by deficient legal means were unconstitutionally processed by stealth, without proper notice to Plaintiff, a neighboring land owner and the public, thereby depriving Plaintiff and public of due process rights. 21. Residents of the Big Island, such as the Plaintiff, are entitled to the consideration promised for freezing their land use powers. They should not be asked to shoulder the burden of having to design, build, and acquire these promised public roads. 22. County, on behalf of its residents, has fairly and freely bargained for Oceanside to, at its expense, design, build and dedicate these public roads. 23. Oceanside, after presumably receiving significant compensation from selling residential lots within the development as a private gated community, cannot be relieved of its obligation and certainly should not be allowed to shift the burden to the tax paying public. Even more wanting for redress is the fact that Oceanside has tried to relieve itself of these crucial obligations through a pattern of bad acts stemming back almost from the inception of the Development Agreement. 6 710088 24. This complaint requests the Court declare that Defendant Oceanside remains obligated to provide these public improvements and requires the establishment of a schedule for prompt compliance, and Defendant County be required to enforce strict compliance of the Development Agreement and Incorporated Ordinances. NATURE OF THE ACTION 25. Plaintiff is C&J Coupe Family LTD Partnership, landowner of (with a material property interest in) TMK 3-8-1-7:045, the property directly south to and abutting the Hokulia Lands. Plaintiff as neighboring landowner has an interest in the enforcement of the Development Agreement and Incorporated Ordinances. 26. This case stems from two major issues: (1) a breach of the public's trust due to Oceanside's failure to comply with, and County's failure to enforce, the express requirements of the Development Agreement and the Incorporated Ordinances, and (2) Oceanside and County's improper, unconstitutional, and illegal sub-silentio attempts to amend the Development Agreement and Incorporated Ordinances via a variance and substandard dedication. 27. Development agreements are meant to be mutually beneficial situations in which a county (and, by extension, its citizens) as well as the developer benefit. The developer receives the benefit of a freeze on existing land development regulations and plans for a fixed period of years and, in exchange, a county receives agreed to public infrastructure and facilities. 28. In this case, the Development Agreement's Incorporated Ordinances contemplates the developer constructing Hokulia, a residential community in Kealakekua, Hawaii. As such, County agreed not to unilaterally change the land use contemplated by the Incorporated Ordinances for a set period of time, in exchange for, among other things, Oceanside providing benefits to the community through, inter alia, the public dedication of county standard roads and unfettered public access upon those Required Public Roads. 7 710088 29. Specifically at issue here, the Development Agreement and Incorporated Ordinances require the timely,public dedication of Required Public Roads within Hokulia. 30. Each of the three Required Public Roads were to be timely dedicated to County as important public infrastructure under the express terms of the Development Agreement and Incorporated Ordinances, and, as such, needed to be built in strict compliance to County dedication standards as dictated under Chapter 23 of the Hawaii County Code. However, rather than enforce these conditions, County has ignored their obligations without enforcement of any kind. 31. Oceanside has breached the Development Agreement and its Incorporated Ordinances by (1) building the Required Public Roads substandard to the requirements of the Code, (2) failing to timely, publically dedicate the Required Public Roads to County dedicable standards, and (3) erecting Guard Facility on the Required Public Roads in efforts to prey upon the unsuspecting public and market their community as a private gated community with security personnel on duty 24/7. 32. As such, Oceanside has been able to unlawfully profit by reaping the benefit of the Development Agreement without having to bear materials and costs, in the millions of dollars,required to comply with these most important burdens. 33. The second major issue here is the fact that County and Oceanside have twice over (as far as we know) attempted to sub-silentio unlawfully amend the Development Agreement and Incorporated Ordinances through improper, unconstitutional, and illegal means, via a variance and pursuant to a sham dedication. In both situations, Plaintiff, as a neighboring landowner, was not provided with the requisite notice of Oceanside and County's true efforts to circumvent the legal process. 8 710088 34. Oceanside sought a variance to the above mentioned requirements in contravention of the law. However, as neighboring property owner to Oceanside, Plaintiff was/is directly affected by said variance. Recognizing the effect of variances on neighboring property owners, the Hawaii County Code expressly requires variance applicants to provide neighboring property owners of their attempts to circumvent County Code, whether lawfully or unlawfully requested. Plaintiff was provided no notice of the variance whatsoever. 35. Following the variance (which required public notice) County and Oceanside once again attempted to remove the County's dedication standards from the terms of the deal. Specifically, Oceanside dedicated the Mauka Halekii Extension to the County, and the County accepted said dedication pursuant to a County resolution. Dubiously, the Mauka Halekii Extension was not built to dedicable standard as required by the Code as well as the Development Agreement and Incorporated Ordinances. 36. This was not a proper dedication and was, in actually, a thinly vailed attempt to once again amend the Development Agreement and Incorporated Ordinances, this time without any notice to the public. Because this "dedication", amended the Development Agreement and Incorporated Ordinances, proper notice should have been provided to the Plaintiff and the public at large. 37. This display of lethargy and evasion of legal requirements cannot continue. The Development Agreement and Incorporated Ordinances were enacted in order to provide essential benefits to the community, including the Plaintiff Oceanside knew what was expected, required, and agreed to, and, therefore, must be held to the negotiated terms, and the County, in the interest of the Plaintiff and the community at large, must be commanded to enforce the terms. 38. After all, this project was meant to be constructed to create a residential community as well as provide very important public infrastructure to the residents of the 9 710088 Kealakekua area. Oceanside and County should not be able to side step their responsibilities, nor should they be allowed to profit from the bad acts that are on display here. THE PARTIES 39. At all times relevant to this complaint, Plaintiff C & J Coupe Family Partnership ("Plaintiff') is and was the owner of interests in the following parcels with TMK No. (3) 8-1- 007-045 & (3) 8-1-007-057 located in Kealakekua, Hawaii, which is adjacent to the master planned residential development known as Hokulia. 40. Defendant County of Hawaii is a municipal corporation, and is legally responsible for the acts and omission of its departments, officials, and boards and the enforcement of its laws. 41. Defendant Planning Department of the County of Hawaii is created pursuant to Chapter 7 of the Hawaii County Charter is the agency charged with, among other things, enforcing zoning regulations on Hawaii Island pursuant to the Hawaii County Code, Chapter 25. 42. Defendant Zendo Kern is the Director of the Planning Department of the County of Hawaii, and, in performing his duties is and was, at all relevant times, acting under color of law. The Director is being sued only in his official capacity. 43. Defendant 1250 Oceanside LLC is a Delaware limited liability company licensed to do business in the State of Hawaii and is the developer of the residential community known as Hokulia(the "Project") located on the Kona coast in Kealakekua, Hawaii. 44. JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITITES 1-10 (collectively "Doe Defendants") are persons, governments, entities, agents or estates which are in some manner presently unknown to Plaintiffs and who are liable for the claims for relief set forth in this Complaint. Plaintiff is 10 710088 presently unaware of the true names and capacities of the Doe Defendants but will amend the Complaint as soon as they are ascertained. JURISDICTION AND VENUE 45. There is an actual controversy between and among the parties and this Court has jurisdiction to make binding adjudications of right pursuant to Haw. Rev. Stat. § 632-1 and Rule 57 of the Hawaii Rules of Civil Procedure. 46. Venue is proper pursuant to Haw. Rev. Stat. § 603-36(5) because a substantial part of the events or omissions giving rise to Plaintiff's claims occurred in this judicial district, and because the Project which is the subject of this action is located in this judicial district. STATEMENT OF THE FACTS L THE ORDINANCES. 47. On January 15, 1996, Ordinance No. 96-8 and Ordinance 96-7 were signed into law by the Mayor of Hawaii Island. Said ordinances rezoned Oceanside's land, making it possible to begin developing a high-end luxury golf-course and ocean viewing residential development. Ordinance No. 96-8 and 96-7 specifically conditioned their rezoning grant on set requirements. 48. Condition M(4) of Ordinance 96-7 requires Oceanside to "construct the extension of Halekii Street through the subject property . . . which phasing of improvements shall be approved by the Department of Public Works." Condition M(5) of Ordinance 96-7 requires Oceanside to "provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stub-outs shall be constructed in accordance with the construction phasing as approved by the Department of Public Works." 11 710088 49. Condition L(4) of Ordinance 96-8 (which amended certain provision of Ordinance 96-7 but importantly kept those at issue here largely unamended) reaffirmed the requirement that Oceanside "construct the extension of Halekii Street through the subject property[.]" Condition L(5) of Ordinance 96-8 also reiterates the requirement that Oceanside to "provide roadway stub- outs . . . to provide future connections between the subject property and the adjacent properties to the north and south[.]" these roadways were all to be constructed "[p]rior to the issuance of Final Subdivision Approval for any portion of the subject property." 50. Condition N of Ordinance 96-8 requires that "[alit roadway improvements stated in Condition L of this ordinance shall be dedicated to the County of Hawaii." Thus, since 1996, Ordinance 96-8 and 96-7 have required Oceanside to provide the County (1) the Mauka Halekii Extension, (2) the Makai Halekii Extension, and (3) Connector Road. IL THE DEVELOPMENT AGREEMENT. 51. The purpose of a development agreement, among other things, is to freeze existing land development regulations and plans for a fixed period of years in return for good and valuable consideration of, among other things, public infrastructure and facilities. See Haw. Rev. Stat. § 46-121; Hawaii County Code § 30-2; see also DAVID L. CALLIES, REGULATING PARADISE at 6 (2d ed. 2010). 52. On April 20, 1998, the County of Hawaii and 1250 Oceanside Partners (the predecessor in interest to Oceanside)2 entered into the Development Agreement, which was approved and consented to, pursuant to HRS § 46-121 et seq. and Hawaii County Code Chapter 30 and signed into law by the Mayor. Pursuant to the purpose listed above, this Development 2 Paragraph 46 of the Development Agreement provides: "The terms and conditions of this Agreement shall be binding upon,and the benefits of this Agreement shall inure to all successors in interest to the assigns of the parties hereto,and the covenants contained herein shall run with the land."Therefore, though entered into by Oceanside's predecessor in interest, the express terms of the Development Agreement and its Incorporated Ordinances continue to be binding upon Oceanside. 12 710088 Agreement (among other things) locked the rezoning granted under Ordinance 96-8 and 96-7 into place for a term of 30 years, in favor of Oceanside. 53. In exchange, the County was to receive a number of valuable considerations including the conditions of the Incorporated Ordinances, which were incorporated by reference in Section 2(d)(1) and 2(d)(2)respectively. 54. Recital M and N of the Development Agreement provides: M. Pursuant to Sec. 46-121, HRS, Hawaii County Code Chapter 30, and Hawaii County's Rule 1, relating to Development Agreements, the COUNTY and OCEANSIDE have entered into this Agreement. This Agreement will (i) provide for the parameters within which the obligations of OCEANSIDE for public and other improvements will be met; (ii) provide assurances to OCEANSIDE that the project will not be restricted or prohibited by the subsequent enactment or adoption of more restrictive Land Use Regulations, including but not limited to changes in zoning classifications or revocation of OCEANSIDE's Approvals, except when, with the agreement of OCEANSIDE, it becomes necessary to preserve the public health, safety and welfare; and (iii) provide appropriate assurances to OCEANSIDE that it may complete the development and construction of the Project in accordance with all Land Use Regulations and Approvals applicable to the Project on the date of the Agreement, subject to OCEANSIDE's adherence to and performance of all material terms and conditions of this Agreement. N. Use of this Agreement will reduce or eliminate the uncertainty in the Project planning and development approval process, which in turn, would encourage the efficient utilization of resources and minimize the economic cost to the public: allow for the orderly planning of public facilities and services, and otherwise achieve the purposes and objectives for which the Development Agreement Statute and the Development Agreement Code were enacted. This Agreement clarifies the Land Use Regulations and Approvals, which in turn provide for the overall design, construction and development of the Project and all on-site improvements and appurtenances associated therewith, in the manner specified in this Agreement, including, without limitation, the design, construction and development of projects to provide benefits to the region and the COUNTY such as the Bypass Highway and the Coastline Park as set forth herein. (Emphasis added.) 13 710088 III. DEDICATIONS UNDER HAWAII COUNTY CODE. 55. Hawaii County Code § 23-10 provides that the County "shall not . . . receive by dedication . . . any street in any subdivision . . . except in full compliance with the provisions of this chapter." The Incorporated Ordinances made clear that the Required Public Roads needed to be dedicated to the County. 56. In other words, Oceanside is required to construct the Required Public Roads, AND dedicate those roads to and for the benefit of the County and its citizens (including the Plaintiff). In order to properly dedicate these roads, they must be in full compliance with the requirements of the Hawaii County Code. 57. Upon information and belief, Oceanside has not constructed the Mauka Halekii Street Extension, the Makai Halekii Street Extension, or the Connector Road in accordance with the requirements of the Hawaii County Code. 58. Furthermore, Oceanside has placed the Guard Facility at the entrance of Hokulia, directly on the Required Public Roadways. The effect of said Guard Facility is the creation of a private gated community and, to the detriment of the public, the privatization of the Makai portion of the Halekii Street Extension and Connector Road. 59. Given that the Development Agreement and Incorporated Ordinances expressly required the Required Public Roads within Hokulia to be dedicated to the County (and the public at large), Oceanside has clearly breached the Development Agreement and Incorporated Ordinances by erecting the Guard Facility which, in effect, has allowed Oceanside to create and market Hokulia as a private gated community. The Makai Halekii Street Extension and Connector Road both being covered under the variance verify the information and belief of their substandard build. Worse yet, Oceanside illegally attempted to dedicate the Mauka Halekii Extension and the County unlawfully accepted said illegal dedication through County of Hawaii Resolution No. 317-12,despite said road not being in compliance with Chapter 23 of the Code and contrary to the Development Agreement and Incorporated Ordinances. 14 710088 IV. NO LEGAL AMENDMENT TO DEVELOPMENT AGREEMENT OR INCORPORATED ORDINANCES HAS BEEN ISSUED. 60. Paragraph 27 of the Development Agreement provides: This Agreement may be amended or canceled in whole or in part by mutual consent of the parties to this Agreement, or their successors in interest, as further evidenced by County Council resolution, provided that if the County Council determines that the proposed amendment would substantially alter the original terms of this Agreement, a public hearing on the amendment shall be held by the County Council before it consents to the proposed amendment. This language echoes both Haw. Rev. Stat. §46-130 and Hawaii County Code Section 30- 9's requirements to amend development agreements. 61. The process required to amend a County of Hawaii ordinance is a steeper hurdle. Ordinances are the laws of a county or municipality, and typically only amendable through a subsequent ordinance. (See Revised Charter of the City & County of Honolulu Section 3-204 (stating "[n]o ordinance shall be amended, revised or repealed by the council except by ordinance.")). 62. The County of Hawaii Charter lacks express language dictating the means to amend an ordinance. See generally County of Hawaii Charter (lacking similar language to the Revised Charter of the City & County of Honolulu Section 3-204). However, Section 2-2 of the County of Hawaii Charter states that "[a]11 powers of the county shall be carried into execution as provided by this charter or, if the charter makes no provision,by ordinance or resolution of the county council."Additionally, Section 3-8 of the Charter states that "[e]very legislative act of the council shall be by ordinance." 63. So, despite not expressly stating that an "ordinance shall not be amended, revised or repealed by the council except by ordinance", as the Charter of Honolulu does, the catchall provision of the County of Hawaii Charter creates a similar mechanism for amending ordinances. 15 710088 64. Neither the Development Agreement nor its Incorporated Ordinances have ever been lawfully amended, thus, Oceanside's obligations under both, specifically as to the design, build, and dedication of the Halekii Street Extension (both Mauka and Makai of the By-Pass Highway) and Connector Road, have never changed. 65. County and Oceanside are very much aware of the above detailed legal process of amending an ordinance, as they have previously amended the Incorporated Ordinance. On May 8, 2008, County enacted Ordinance 08-59 with the specific purpose of amending Ordinance 96- 8. 66. Ordinance 08-59 removed a requirement set in place by Ordinance 96-8 which called for a barricade of the Mauka Halekii Extension. In exchange for the removal of said condition, Oceanside was required to put in place a number of mitigation measures for the increase in traffic that the Mauka Halekii Extension would bring to the preexisting Halekii Street. County conducted a traffic study and held public hearings in order to determine the validity of said amendment. Following this legal ordinance amendment process, County Council and the Mayor signed Ordinance 08-59 into law. 67. However, despite being party to the proper amendment procedure back in 2008, County and Oceanside have since that time tried to circumvent the ordinance amendment requirements through a number of unpermitted and unlawful means (to be discussed in the following sections), misguidedly ignorant to, or maliciously ignoring, the clear and proper way to amend the Development Agreement and Incorporated Ordinances. V. THE VARIANCE 68. Sometime in or around 2010, Oceanside attempted to amend condition M-4 (Ordinance No. 96-7) and condition L-4 (Ordinance No. 96-8) by submitting Variance Application: VAR 10-027 (the "Variance"). Said application was an effort to circumvent 16 710088 dedication standards under the County Code prescribed under Sections 23-86 and 23-41 of the County Code. 69. Variance 10-027 was deficient for a number of reasons: (1) Oceanside failed to meet the specific criteria required for a variance under the County code, (2) the Variance unlawfully attempted to amend the Development Agreement and Incorporated Ordinances, and (3) Oceanside failed to provide Plaintiff with specific notice of the variance application. 70. Despite these deficiencies, County improperly and illegally issued the Variance on January 31, 2011. a. Conditions for Variance Were Not Met. 71. Section 23-15 of the Hawaii County Code states that all the following conditions must exist for a variance to be granted: i. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and ii. There are no other reasonable alternatives that would resolve the difficulty; and iii. The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties 72. These express requirements to grant a variance were not met here, inter alia, because the most reasonable alternative was for Oceanside to do as it promised and bear the burdens that they agreed to in the Development Agreement and Incorporated Ordinances and build the Required Public Roads to County dedicable standards. Passing the burden to the County, while Oceanside purely reaps the benefits, is not a reasonable alternative for a variance. 73. Further, it is well settled law that in order to show deprivation of property rights warranting a variance, an applicant must prove something more than financial burdens or 17 710088 economic hardships. Surfrider Found. v. Zoning Bd. of Appeals, 136 Haw. 95, 110 (2015). Oceanside pleaded these economic hardship grounds when applying for the Variance. In their variance application, Oceanside claims that due to the special and unusual circumstances of the property (the topography of the Hokulia Development) full compliance with the County Standards of Section 23-86 and Section 23-95 would "add considerable cost to [Oceanside]." This does not meet the requirement for deprivation justifying a variance. b. Variance is an Improper, Impermissible, and Illegal Means to Amend Development Agreement and Incorporated Ordinance. 74. In actuality, the Variance was a thinly veiled attempt to amend the Development Agreement and Incorporated Ordinances. A method of amendment that is improper, impermissible, and illegal. 75. Specifically, in granting Variance 10-027, Oceanside sought to circumvent the express language of the Development Agreement and Incorporated Ordinances, which requires Oceanside to dedicate the Required Public Roads to County dedicable standards, as important public infrastructure. 76. This very issue was highlighted in a Memorandum from Division Chief of the Engineering Division of the Department of Public Works, Ben Ishii, to Leithead Todd (County Planning Director at the time) ("Ishii Letter"), "the application does not acknowledge that Ordinance 96-8 Condition L and M required dedication of the connecting roads [(Required Public Roads)]. DPW object to granting a variance without specifying cross section details and distinguishing those streets. For example, Halekii street extension which is a collector street . . . shall be dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage system maintenance requirements and streetlights along with a surety in case of default should be imposed for roads required to be dedicated to the County." 18 710088 77. The Ishii Letter highlighted the fact that conditions on ordinances and requirements under development agreements are amended via the rules listed above, and may not permissibly be alleviated through simple variance. 78. To reiterate, the way to properly and legally amend an ordinance is via subsequent ordinance, not through variance. A fact that Oceanside and County are very well aware of, as they amended the Incorporated Ordinances in 2008 through Ordinance 08-59 (pertaining to barricading the Mauka Halekii Extension). 79. Thus, not only had Oceanside failed to meet the elements required to grant a variance, but they have also attempted to circumvent the law by impermissibly, improperly, and illegally attempting to amend the Development Agreement and Incorporated Ordinances. c. Improper Procedure: Failure to Provide Notice to Neighboring Landowners. 80. In addition, the Variance was also procedurally deficient. 81. Any and all applications for variances under the Chapter 23 of the County Code, requires specific notice to be provided to neighboring landowners. 82. Section 23-17 of the Hawaii County Code sets forth the notice provision of the subdivision variance procedure, expressly stating that in order for a variance to be issued, "the applicant shall serve notice of the application on owners of interest in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may find to be directly affected by the variance sought." 83. Plaintiff (a neighboring landowner) was not, upon information and belief'', provided specific notice of Oceanside's application for Variance 10-027 as is required by the clear dictate of the law, let alone notice sufficiently disclosing the Variance's true impact. Plaintiff did not receive specific notice of the Variance application and the variance files provided by County(for Variance 10-027)do not include a certified mail receipt corroborating any such notice having been provided to Plaintiff. 19 710088 84. Oceanside's failure to provide notice of the Variance is made even more likely given their pattern of behavior when it comes to providing Plaintiff with notice of adverse (relative to Plaintiff's interest) attempts to amend the Development Agreement and Incorporated Ordinances. 85. Specifically, on January 23, 2020, Oceanside sent Planning Department Director, Michael Yee, a request to amend Condition M of Ordinance No. 96-8 under which Oceanside would no longer be obligated to dedicate the Required Public Roads. Such request required Oceanside to also provide a list of neighboring property owners who would be affected by the requested amendment. 86. Merits of the 2020 request to amend Ordinance No. 96-8 (which froze zoning on the land for over two decades) aside, Oceanside "conveniently" failed to include Plaintiff on the required list of neighboring properties. 87. As highlighted by Michael Yee's response to Oceanside, dated February 11, 2020 (the "Yee Letter"), this omission was due to Oceanside only seeking to notify property owners located 1,000 feet from the road lots rather than 1,000 feet from all property boundaries. This duplicity allowed Oceanside to avoid providing Plaintiff's lot (TMK: (3) 7-9-012:004) notification of any attempts to amend. 88. Despite the Yee Letter informing Oceanside to include Plaintiff on any notice lists, Plaintiff only recently discovered the attempted 2020 amendment through independent investigation. That is to say, Oceanside once again refused to freely (as required by law) provide specific notice of an attempt to adversely affect Plaintiff's property interest. 89. The blatant evasion displayed in Oceanside's failure to provide notice for the attempted 2020 amendment further corroborates the premise that the Variance similarly lacked the requisite notice. 20 710088 90. Thus, not only did the Variance lack substantive merit, it was also procedurally deficient as well. In almost all perceivable aspects, the Variance was improper, impermissible, and illegal. VI. UNLAWFUL GRANT OF MAUKA HALEKII EXTENSION WITHOUT ADHERENCE TO DEDICATION STANDARDS. 91. An illegal variance was not the only act of subterfuge at play here. Oceanside also attempted to dedicate substandard roadways to County in an attempt to sidestep its obligations under the Development Agreement and Incorporated Ordinances, and the County, for its part, accepted. 92. The County attempted to receive the Mauka Halekii Extension from Oceanside in the form of three roadway lots, more particularly described as Tax Map Numbers (3) 8-1- 035:004, (3) 8-1-035:001, and (3) 8-1-036-001 (portions of) (i.e. lots 10-A, 1B and 3-A2, which respectively correspond to the TMK numbers). The physical road upon the Mauka Halekii Extension sits on top of these three roadway lots. 93. Oceanside unlawfully and impermissibly "dedicated" roadway lots as the Mauka Halekii Extension and, pursuant to resolution No. 317-12 the County accepted said "dedication" on November 9, 2012 (the "Resolution"). 94. Dedication of the Mauka Halekii Extension was improper for two reasons: (1) Mauka Halekii Extension was not built to County standards required for dedication, thereby breaching the Development Agreement and Incorporated Ordinances, and (2) the actual intent of this resolution/dedication was to unjustly amend the Development Agreement and Incorporated Ordinances, either of which require notice to Plaintiff and the Public. a. Attempted Dedication is Material Breach of the Development Agreement and Incorporated Ordinances. 21 710088 95. First, the Resolution makes a number of representations that are patently untrue about the condition of the Mauka Halekii Extension. The Mauka Halekii Extension was accepted under the express condition that said road was "in full compliance with the provision of Chapter 23 of the Hawaii County Code." 96. However, the Mauka Halekii Extension was not built to dedicable standards, failing to be in full compliance with Chapter 23 of the Hawaii County Code in a number of ways. 97. Specifically, Hawaii County Code § 23-86(b) requires that dedicable streets "shall be constructed in accordance with the specifications in this section and those on file with the department of public works." In addition, dedicable streets "shall be installed under the supervision of the director of public works and to permanent grades approved by him." 98. Upon information and belief, the Mauka Halekii Extension (1) was not "constructed in accordance with the specifications in 1§ 23-86]," (2) was not "constructed in accordance" with the specifications "on file with the department of public works," and (3) was not "installed under the supervision of the director of public works[.]" 99. This is confirmed by the Planning Director Leithead Todd in the issuance of Variance 10-027 on January 31, 2011 where she states that: "It should be noted that the extension of Halekii Street has been completed without full right-of-way improvements per construction plans approved by the Department of Public Works." 100. The Mauka Halekii Extension is displayed below: 22 710088 101. This is in stark contrast to the already existing Halekii Street, which lies east of the Mauka Halekii Extension (the "Old Halekii Street"). The Old Halekii Street provides a greater width of pavement and multiple improvements. To illustrate the differences, the Old Halekii Street has 36-feet of paved surface, curbs, gutters, sidewalks, and streetlights. In contrast, the Mauka Halekii Extension shown above is a 24-foot wide paved surface, but devoid of curbs, gutters, sidewalks, and streetlights. It also has no graded and paved shoulders and swales as is standard for dedicable streets. Displayed in the photographs below is a west facing view from the vantage point of the Old Halekii Street toward the Mauka Halekii Extension: = r r � ' F6N •� yj �� a YES a�}� IY + }+C41 F b 23 710088 , cR w .; � �^4c, ../4.,,jet, iE 1 - 1 n Afte % ��yy t S`rr. . � °i r\‘'.1'. ^tet r S -y f'::..171:1:°',.,t7' .. 4"Y g�v J t Itx r ' 102. To further highlight the differences between the Old Halekii Street and the Mauka Halekii Extension, below is a photograph taken of the Old Halekii Street facing East: y t a. _x G - - . m @ a,; 6b +fwS'....'°-, - 7� k‘40%,1714.i.:.': •,�,•y y '". 103. The drastic decrease in infrastructure is not only impermissible and improper for dedication, but also may cause confusion and create a hazard for drivers and pedestrians, thereby exposing citizens to unsafe conditions. 24 710088 104. Further, and perhaps more damning, upon information and belief, the Mauka Halekii Extension was not constructed to the Department of Public Work's standard and based upon detailed plans and specifications approved by the Chief Engineer of the Department of Public Works, as had been represented and as is expressly required under County Code, nor did the director of public works supervise the construction of the Mauka Halekii Extension to ensure that it meets County standards. Both of which are requirements for dedicable streets under Section 23-86 of the County Code. 105. As stated above, the road that is the Mauka Halekii Extension was built in the early 2000's, before Oceanside in its current iteration, far before this current County administration, before Ordinance 08-59 was implemented to allow the opening of the road to the public, and before the importance of Mauka Halekii Extension as a secondary arterial road was even considered. 106. Importantly, the Variance sought to "permit[] the retention of existing" roadways within Hokulia which were not built to County dedicable standard. This included, but was not limited to, the Mauka Halekii Extension. The Variance, already lacking in merit as indicated above, also once again highlights the fact that the Mauka Halekii Extension was not legally dedicated to the County. 107. The fact that an after-the-fact variance was requested for the Mauka Halekii Extension's substandard condition all but proves that the roadway was neither "constructed in accordance with the specifications in [Section 23-86] and those on file with the department of public works" nor was it "installed under the supervision of the director of public works and to permanent grades approved by him." After all, if the Mauka Halekii Extension had been constructed and supervised to dedicable standard, it would not have needed a variance in order to be"dedicable". 25 710088 108. It is therefore unlikely, if not impossible, for the Department of Public Works to have provided specifications before construction as well as supervision during construction of the Mauka Halekii Extension in the form in which it was "dedicated" (as a secondary arterial). 109. Because it failed to meet the dedicable standards of the County, the dedication of the Mauka Halekii Extension was, for all intents and purposes, a sham. 110. Despite the warranties of the County made in the Resolution, the County illegally attempted to accept the Mauka Halekii Extension far below the acceptable standards, in violation of the Development Agreement and Incorporated Ordinances. 111. By attempting to accept the substandard dedication of the Mauka Halekii Extension, County has publicly violated its own standards set forth in the Hawaii County Code § 23-10, bald-facedly misrepresented adherence to the Development Agreement and Incorporated Ordinances, and dubiously attempted to deceive the public at large. 112. Further, this substandard attempt at dedication has placed the onus of maintaining the currently deficient Mauka Halekii Extension, as well as liability stemming from the road, upon the County and, by extension, its citizens. Thus, not only has the County's subterfuge betrayed the public trust, but it has also strapped its citizens with millions of dollars in construction costs, liability and long term maintenance. 113. Thus, the Mauka Halekii Extension needs to be closed and rebuilt to the express requirements of Chapter 23 of the Hawaii County Code. This means an 80-foot width and 24-feet of pavement, sufficient base course, graded and paved shoulders and swales, streetlights, and, perhaps most importantly, thorough and in-depth input from the Department of Public Works in the form of specifications before, and supervision during, construction. b. Attempted Dedication is, in Actuality, a Faulty Attempt to Amend the Development Agreement and Incorporated Ordinances, Which Required Notice to Plaintiff. 26 710088 114. What acceptance of the Mauka Halekii Extension truly represents is another attempt (albeit less public and more dubious) to, like the variance, circumvent the legal requirements to amend the Development Agreement and Incorporated Ordinances. 115. A resolution is not a valid way of amending a development agreement or a county ordinance. 116. In addition, as has been stated before, amendments to a Development Agreement (in this substantial way) and Incorporated Ordinances (in any way) requires notice to be provided to the public. Perhaps in attempts to stealthily avoid such notice, County and Oceanside simply ignored the requirements of the County Code and signed the resolution accepting the dedication in this substandard form, no questions asked. 117. Whatever the motive or justification the County had for issuing the Resolution, it failed to amend either the Development Agreement or the Incorporated Ordinances. 118. Thus, even if County could accept the dedication of these substandard "roadway lots" being offered by Oceanside (which they cannot, as detailed above), this acceptance of "roadway lots"would not relieve Oceanside of its obligations under the Development Agreement and Incorporated Ordinances to design and build the Mauka Halekii Extension (and all Required Public Roadways for that matter) on top of said "roadway lots" to the express dedicable standards prescribed under the County Code, and at Oceanside's sole cost and expense. 119. The Resolution was, in actuality an unlawful and impermissible attempt to amend the Development Agreement and Incorporated Ordinances. Because no lawful amendment to the Development Agreement or Incorporated Ordinances has been effectuated in the Resolution, the obligations under those instruments to dedicate the Mauka Halekii Extension (to County standards)has not been satisfied. 27 710088 VII. UNLAWFUL DENIAL OF PUBLIC INFRASTRUCTURE. 120. Finally, at some point in time, Oceanside constructed the Guard Facility just west of the point at which the Mamalahoa By-pass Highway meets the Makai Halekii Extension, effectively creating the "private" community known and marketed as Hokulia. 121. Sometime in or around 2011, Hokulia installed the first iteration of the Guard Facility in efforts to impede public access to the Required Public Roads. The aerial photograph below depicts the first location of the Guard Facility in 2011. MEMO lams 44 ... - • 122. Over the years, this Guard Facility has continuously increased its fortification. Changing locations within Hokulia in order to increasingly bolster efforts for the privatization of said "private" community. The 2013 image below shows the first major shift in the Guard Facility's location along the public road entrance to Hokulia. This position allowed the simple, rudimentary Guard Facility to have a better strategic position for controlling egress and ingress into Hokulia: 28 710088 r4 • • 123. The current iteration of the Guard Facility was provided after-the-fact permitting approval on August 28, 2014 and passed final inspection on July 28, 2015. In the pursuit of which, Oceanside misrepresented the structure as a simple "Greeter Hale", created solely for the purpose of distributing information. However, misrepresentation or not, the County's grant of a permit for the Guard Facility makes them complicit in the privatization of roads that were expressly to be dedicated to the public. 124. To further highlight the bad acts here, as of 2023, this simple "Greeter Hale" comes equipped with electric gates and cameras. The Guard Facility is now firmly positioned between the ingress and egress point of Hokulia's entrance and members of the public are required to state a name and purpose for their visit to the "public roadway". 29 710088 125. It is clear that Oceanside designed and built the Guard Facility as a linchpin in keeping Hokulia "private". The current iteration of which, affords Oceanside a stranglehold on the public's access to their community, as the Makai Halekii Street Extension is the only road currently entering Hokulia. 126. This privatization, flies entirely in the face of a true "public dedication" as required under the express language of the Development Agreement and the Incorporated Ordinances, and also robs the citizens of Hawaii of the public access to the shoreline park located on the Hokulia Lands, which was bargained for under the Development Agreement. 127. Following a dedication to the County, the Makai Halekii Street Extension and Connector Road will be the responsibility of the County. The County (and by extension its citizens) should not be strapped with the liability and costs associated with maintaining the Makai Halekii Extension and Connector Road when said public roadways have, in effect, become the private property of Oceanside. COUNT I: DECLARATORY RELIEF (All Defendants) 128. Plaintiff hereby incorporates and adopts each and every allegation in all previous paragraphs. 129. An actual controversy exists between Plaintiffs and Defendants because Oceanside has not complied with the Development Agreement and its Incorporated Ordinances, and the County Defendants have not enforced the conditions of the Development Agreement and its Incorporated Ordinances mentioned herein. 130. County Defendants are indefinitely and arbitrarily refusing to enforce the conditions set forth in the Development Agreement and ordinances incorporated therein. 30 710088 131. A declaratory judgment will serve to terminate the uncertainty or controversy giving rise to this proceeding. 132. Plaintiff is entitled to a declaratory judgment that Oceanside has violated the Development Agreement and Incorporated Ordinances by (1) not timely designing, building and dedicating Required Public Roads according to condition M of Ordinance 96-7 as well as conditions L and N of Ordinance 96-8, and (2) developing, marketing, and selling subdivided lots as part of a "private gated community" against the public access requirements of the Development Agreement. 133. Plaintiff is entitled to declaratory judgment that County unlawfully granted Variance to amend conditions expressly required under the Development Agreement and Incorporated Ordinances, as well as impermissibly accepted the Mauka Halekii Extension via Resolution accepting three roadway lots despite the roadway on said lots failing to meet County dedicable standards. COUNT II: INJUNCTIVE RELIEF—MANDAMUS TO ENFORCE DEVELOPMENT AGREEMENT (County Defendants) 134. Plaintiff hereby incorporates and adopts each and every allegation in all previous paragraphs. 135. "Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual's claim is clear and certain, the official's duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available." In re Disciplinary Bd. Of the Haw. Supreme Court, 91 Haw. 363, 368, 984 P.2d 688, 693 (1999). 136. Enforcement of the Development Agreement is a ministerial act in that it leaves no discretion to the County Defendants in determining whether the conditions of the Development Agreement have been met. 31 710088 137. Paragraph 25 of the Development Agreement provides: [w]ithin thirty (30) days after the Planning Department or the Office of the Mayor determines on the basis of the periodic report that OCEANSIDE has committed a material breach of the terms or conditions of this Agreement, the Planning Department or the Office of the Mayor, as applicable, shall inform OCEANSIDE in writing of the same, setting forth with reasonable particularity of the nature of the breach and any and all evidence supporting the finding and determination, provided, however, that OCEANSIDE shall be given reasonable time period in which to cure any such material breach. 138. Upon information and belief, the County Defendants have failed to inform Oceanside of its material breach of the Development Agreement due to the fact that Oceanside has not constructed the Required Public Roads to County decidable standards. Upon information and belief the County has failed to give Oceanside reasonable time in which to cure its breach. 139. Plaintiff is entitled to an order preliminarily and permanently enjoining the County Defendants from refusing to enforce the Development Agreement. 140. Plaintiff is entitled to a mandatory injunction and mandamus relief requiring the County Defendants to enforce the conditions of the Development Agreement and require Oceanside to construct the roads listed in condition M of Ordinance 96-7 and conditions L and N of Ordinance 96-8 to dedicable County standards, within a timeframe determined as reasonable by the Court. 141. The County and Oceanside should be required to submit a plan to the Court detailing how and when Oceanside will come into compliance with the ordinances mentioned herein. 142. No other remedy is available because without constructing the Required Public Roads to County dedicable standards Oceanside is unable to comply with the conditions of the Development Agreement. COUNT III: DENIAL OF DUE PROCESS UNDER THE UNITED STATES AND HAWAII CONSTITUTIONS 32 710088 143. Plaintiff hereby incorporates and adopts each and every allegation in all previous paragraphs. 144. Plaintiff has a valuable and constitutionally protected property interest as the neighboring property to Defendant. 145. The Fifth and Fourteenth Amendment of the United States Constitution, as well as the Hawaii State Constitution, provides that no person shall be deprived of life, liberty, or property without due process of law. See also Haw. Const. Art. I, § 5 (stating same). 146. The basic elements of procedural due process of law require notice and an opportunity to be heard at a meaningful time and in a meaningful manner before governmental deprivation of a significant property interest. Sandy Beach Def Fund v. City Council of City & Cnty. of Honolulu, 70 Haw. 361, 378, 773 P.2d 250, 261 (1989) (citing Mathews v. Eldridge, 424 U.S. 319, 333 (1976)). 147. Pursuant to its rule making power under HRS § 91-2(a)(2), Hawaii County adopted Section 23-17 of the Hawaii County Code. Said section of the Code sets forth the notice provision of the variance procedure, expressly stating that in order for a variance to be issued, "the applicant shall serve notice of the application on owners of interest in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may find to be directly affected by the variance sought." Further, the Hawaii County Code requires such notice to list "the nature of the use sought and the proposed accompanying structures, if any[.]" 148. In this case, Plaintiff, an "owner[] of interest in properties within three hundred feet of the perimeter boundary of the applicant's property", was afforded neither notice nor an 33 710088 opportunity to be heard at a meaningful time and in a meaningful manner before being deprived by County of its significant property interest via the grant of Variance 10-027. 149. Due process also includes a substantive component that guards against arbitrary and capricious government action which has no substantial relation to the public health, safety, morals or general welfare. Lopez v. State, 133 Haw. 311, 322, 328 P.3d 320, 331 (2014) (quoting In re Herrick, 82 Haw. 329, 349, 992 P.2d 942, 962 (1996)). 150. By granting the Variance the County allowed Oceanside to sidestep the express requirements of the Development Agreement and the Incorporated Ordinances, which had been put in place for the public's health, safety and general welfare. The Variance was granted despite both Oceanside and County having knowledge of the proper procedure to amend ordinances, and acknowledgement of these very issues in a memorandum from Ben Ishii of the Department of Public Works. Thus, County's grant of Variance 10-027 was arbitrary and capricious and directly at odds with the principals of public health, safety and general welfare. 151. For the above reasons, Plaintiff is entitled to a judicial declaration that County has interfered with Plaintiff's procedural and substantive due process rights. RELIEF SOUGHT WHEREFORE, Plaintiff respectfully requests that judgment be entered in their favor and against Defendants as follows: A. For appropriate declaratory relief regarding the unlawful acts and practices of Defendants. B. For a mandamus and injunction (respectively) against the County and Oceanside for the compliance and enforcement of the Development Agreement and Incorporated Ordinances, specifically in regards to building and dedicating the Roads to County standards and the immediate cessation of restricted public access and removal of the Guard Facility and the 34 710088 adjoining walls, gates, etc. that serve to impede public access, in a timeframe the Court determines to be reasonable, as well as declaration that the Variance and Resolution accepting dedication of the Mauka Halekii Extension were illegal and therefore void. C. For the immediate closure of the Mauka Halekii Extension, from the point at which it meets the Old Halekii Street (on the upper east end) and down to the point at which it connects to the Mamalahoa By-Pass Highway, until said Required Public Roadway can be brought up to dedicable county standards, inclusive of construction plans and specifications approved by the Department of Public Works as well as supervision by County engineers at the Department of Public Works during construction of the Mauka Halekii Extension. Such closure is necessary to protect the general public's health, safety and welfare from travel over a substandard road. D. For an award of reasonable attorneys' fees and costs to be awarded on directed judgment. E. Such other and further relief as the Court deems just and proper. DATED: Honolulu, Hawaii, March 31, 2023. DAMON KEY LEONG KUPCHAK HASTERT /s/Toren K Yamamoto KENNETH R. KUPCHAK TOREN K. YAMAMOTO Attorneys for Plaintiff C &J FAMILY PARTNERSHIP 35 710088 APPENDIX "A" Z z _ _ _ O 1— _ �. `� Ia ,f' ai - .• 9..--1-..:y.-T ,... . . - • 4.4 • )y%s. 1' 1 �'\ � -1•,:-,;"•: `� /•� - - ': � '-��f � I'i:'% ..;� 1 ; j �� 1I �• I! 41 , ' ,'•,Y)X// t 1:,,,S. ..-r-. 41:. '. .:5;SC! • , :;9112' ` ,k, .„, , 10,_.,0.,;..,..I. .;.,...:,?__:__- ;;.....:.: ii:vii.,,,,4144.5,-,7v..-,..i....elatt- •,_-_-__-.. .,...,,..„1:4.; :„.iv.i,,, 7 14, „ . ?. -.' ":1 . .---; f ,tWife: tvar-0.• )- N...• AP IT .7 . --it'• .. .1•4:,k,. , iir, pr. -.Pia,,,, ,./4( ‘5f tagekvzsal....aiit,- (kuvivAli, -1;i/ 1F, { { �Jl, r` ��:� it'll �-V' 1' -f1 —=:�Ne;,-,,,, -,4,-;74.‘s ,� i..- ' ' L II > y F ; • ',';. � ./��1 mj�I�'"moi � �j/ .t la,, � l' r �' QI, "/ T' ., 'IJ• 011"— g � IA-• w,# ,' •moo' .;�,4; ! ► 7 . _ i , ;-, , . 2-')r N. --- 411,.. -rig 1.. .; .A IV. .t.- I— z -- ./ JA • -ii- - . -fir-:__ _ -?, :,..,..gto. ..i. .1. , co 01 0,-:cc , :. , • it , 1 ....z.. aim .. • 4.r., i .. . ,i. 1 , LI ‘z•-•,•;‘-pi,r- - • .. - va„L„. ,..wAitrift, •— co. ilt ,,,,,,..x,9,12, -Ai\ • „..,„.,. .....,, - -.4 g•N S)141/14 . / 2 791 PAD it 111 i.. }I ‘ ... /)k..1...t.\.,..:„..A 0,1‘.\‘q.: �.;r.•1, � .I EL 1 '.• J�/ V.-Z:4.731 8 `�: '}: I :• -., _,;„i•,... : - . Ai\ 1,,. 4_ ,fiis v. r ii, ,ipi.-- /Nly$ ..% .,. .r,-,:s• .1 i .:, a iLmv, wp ' • 1 � ' 1 •1 ..• '- fir, iM! /= / 1 i ••o _.. �.•• ./..,,;—� \`T • :v.ik� i`t om "./��. ,!��. ar • •�•. , Li J.. ,r ..• . .... le i .,,- .;.,Nr' ' 1. ���77•, -._•.-%• 1 : ----,1- '[r. 1 !1.A% ' t:--/,..‘1- ._, •, J~- e ter.r// ..•:,-:-i3" 41.. , .iy: ttigWer& 1-4 • ••• • • . / i .! i _+ S � {� >I ! _ • a� • c .,-/ -i..�_i.-- . • ; . ! z ". , . I r ....,,,„_ :„...% •,.. • , . • • !— rlilit' , _IterVi • , : , : .-!,. t° x i• .. ' �. ..—�_ y .r.;1= ' 1 :,.t•'I.4itsN_ it• 1y : o�� l: ': i( ......!. ' .....('—' i .. ' 1 iii: 0.'.. , . . 7, ',4. 1..:‘,..k. .z I 0 1 - • • -'.4 - • • •!. : JJ ..-: • *-----): . •••• 1)-• - 1,1ey,r :... - • ,••%. isa . • .1.-... ... .,- i , • • 4. d.l•.•� , •ti.• ( .. •• -1. v\ :)«". . ;t*--+•�.t iJ Cl) ti. .5.4-4.' `; =:-. •`r;l O r". A00563 APPENDIX "A" APPENDIX "B" ED Aie4iennethspringerLlisting�/ Big Island(/kennethspringerLlistingLg-island/)/ South Kona(/kennethsprinngerLlistings/big-islandLsouth-konaL)/ Hokulia(/kennethspringer/listings/big-island/south-kona/hokulia/) ,fir • • -,,,,,,_,-, •-- '''. •*.-144k-It-c:,,,,,&17-r141001401074-, likr • "` N. + ; '► -v Nom. r r� i -'.+b. "_".,___-"° 117u G 14t r 1 11 5 --A1.•---_ 't , aw w r " iy '' r. itf.',';r :/../'';'.:l/fJ'f. ,.'/f 1 / -° t)444'4 ".1/ / AAA ( ,��` wsS } 'tel 1 Y J/l/AY.',"/./„V„ !, , prey 0!- . � ' r s -- ,;,-- ,� :- .✓ y ` „+rte LI , - v f�A 1'�:1 ' ,k AZ , o- 4 44 ' N ../,'r ' Y --"''Y-r 'f"' {g I A A4 f,, -4'..!;4,4• 1 81-6511 LAUPAI WY in Kealakekua, Hawaii 9 Show Location(/kennethspringer/listings/81-6511-Iaupai-wy-kealakekua-hi-96750-1#map) Q Virtual Ti3ur(https:h tours.hawaiianvirtualtours.cam/1760809?idx=1) Print Page (https:h s3-us-west-2.amazonaws.com/rets- m is/feature_sheets/documents/000/136/964/original/136964_9694c307743f5a8df6b771 ca6268808 a.pdf? 1626479712) APPENDIX "B" $390,000 44,257 sq ft land 1.02 ac Est. Mortgage Payment$1,991 (/kennethspringer/listings/81-6511-laupai-wy-kealakekua-hi-96750- 1#mortgage calc) Fee Simple I Sold I Days on Market 94 Aloha! Niiim{JJ/J} t cbbr ,g� Kenneth (/kennethspringer) Springer (/kennethspringer) REALTOR SALESPERSON kennethspringer@hawaiilife.com (808)937-3535 „iip(Ilie r � L43.64( Mika (/mikaono) Ono (/mikaono) REALTOR SALESPERSON mikaono@hawaiilife.com (808)443-1281 r. A,. Aloha! ti . L Je f f(je f freid) Reid (/jeffreid) REALTOR SALESPERSON jeffreid@hawaiilife.com (808)339-6275 ACTIONS FOR 81-6511 LAUPAI WY ifik SET ALERT SEE THIS PROPERTY VIRTUAL OR IN-PERSON Located on the Kona Coast of Hawaii Island, Hokuli'a is a stunning 1,300 acre private residential community situated one of the world's most beautiful and culturally significant ocean-side properties. Hokuli'a extends three miles along the Kona Coast, rising from the dramatic shoreline up to an elevation over 700 feet with amazing ocean views. The Club at Hokuli'a is home to Jack Nicklaus Signature Design golf course and constantly ranked among the best courses in Hawaii. Polynesian styled pavilion with full bar and restaurant seating where seasonal whales, spinner dolphins and fishing vessels may be enjoyed. The sunsets are spectacular! Other Club Features are: Fitness Center Lap pool and Aquatics Tennis Courts Shoreline Park and Trails Locker Rooms and Lounges Akom and Massages Bocce Ball Courts The luxury amenity offerings available to members and their guests. Lot 183 is a superior 1.02 acre home site with panoramic ocean and whitewater views, gorgeous sunsets, views of Red Hill and the southern coastline with the waves crashing against the cliffs. Excellent home site for a great price. Elevation 579 feet. An equity membership in the Club at Hokuli'a, valued at $150,000, is included in the sales price. Hokuli'a is a gated community with security personnel on duty 24/7. PROPERTY DETAILS FOR 81-6511 LAUPAI WY TAXES FOR 81-6511 LAUPAI WY MLS # 647751 Tax Id 3810290350000 Property Type Land Gross Taxes $2,550 Lot Size (Ft) 44,257 Taxes For Tax Year 2020 Flood Zone X Pool N Water Source Municipal Topography Gentle Slope Solid Waste Disposal Private Contractor Listing Brokerage Windermere C&H Properties Hoa Fees $2,928 View Specify Coastline,Ocean,Ocean Horizon, Sunset County Data Click Here (https://gpublic.schneidercorp.com/Application.as... Appl D=1048&Layerl D=23618&PageTypel D=4&Pag... IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C & J COUPE FAMILY LIMITED ) CIVIL NO. PARTNERSHIP, ) ) SUMMONS Plaintiff, ) ) vs. ) ) COUNTY OF HAWAII; COUNTY OF ) HAWAII, PLANNING DEPARTMENT; ) ZENDO KERN, IN HIS OFFICIAL ) CAPACITY AS DIRECTOR OF THE ) COUNTY OF HAWAII, PLANNING ) DEPARTMENT; 1250 OCEANSIDE LLC; ) JOHN DOES 1-10; JANE DOES 1-10; DOE ) CORPORATIONS 1-10; DOE ) PARTNERSHIPS 1-10; and DOE ENTITIES) 1-10, ) ) Defendants. ) ) SUMMONS STATE OF HAWAI`I To the above-named Defendants: YOU ARE HEREBY SUMMONED and required to file with the Court and serve upon, KENNETH R. KUPCHAK, and TOREN K. YAMAMOTO, Plaintiff's attorneys, whose address is 1003 Bishop Street, Suite 1600, Honolulu, Hawai`i 96813, an answer to the Complaint which is hereby served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint. This Summons shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the general public, unless a judge of the above-entitled court permits, in writing on this Summons, personal delivery during those hours. A failure to obey this summons may result in an entry of default and default judgment against the disobeying person or party. DATED: Kailua-Kona, Hawai`i, CLERK OF THE ABOVE-ENTITLED COURT In accordance with theAmencans with Disabilities Act,and other applicable stale and federal laws,it you require e (1SPreasonable accommodation for a disability,please contact the ADA Coordinator at the Circuit Court Administration Off ce on OAHU-Phone No.808-539-4400,TTY 808-539-4853,FAX 539.4402,at least ten(10)working days prior to your hearing or appointment date_ 37 710088 STATE OF HAWAII CASE NUMBER CIRCUIT COURT OF THE SUMMONS THIRD CIRCUIT TO ANSWER CIVIL COMPLAINT PLAINTIFF VS. DEFENDANT(S) C & J COUPE FAMILY LIMITED PARTNERSHIP COUNTY OF HAWAII; COUNTY OF HAWAII, PLANNING DEPARTMENT; ZENDO KERN, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10 PLAINTIFF'S NAME&ADDRESS,TEL. NO. DAMON KEY LEONG KUPCHAK HASTERT KENNETH R. KUPCHAK#1085-0 TOREN K. YAMAMOTO#11520-0 1003 BISHOP STREET, SUITE 1600 HONOLULU, HAWAII 96813 TO THE ABOVE-NAMED DEFENDANT(S) You are hereby summoned and required to f le with the court and serve upon DAMON KEY LEONG KUPCHAK HASTERT, ATTN: KENNETH R. KUPCHAK, ESQ. and TOREN K. YAMAMOTO, ESQ. plaintiff's attorney, whose address is stated above, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the date of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint. THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M.AND 6:00 A.M. ON PREMISES NOT OPEN TO THE GENERAL PUBLIC, UNLESS A JUDGE OF THE ABOVE-ENTITLED COURT PERMITS, IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS. A FAILURE TO OBEY THIS SUMMONS MAY RESULT IN AN ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST THE DISOBEYING PERSON OR PARTY. OS C,4 The original document is f led in the Effective Date of 28-Oct-2019 q} Judiciary's electronic case management Signed by: /s/CherSalmo s a system which is accessible via eCourt Kokua r at: http:/www.courts.state.hi.us Clerk, 3rd Circuit, State of Hawaii ;fes o- ~ 0p •e- In In accordance with the Americans with Disabilities Act, and other applicable state and federal laws, if you require a reasonable accommodation for a disability, please contact the ADA Coordinator at the Circuit Court Administration Off ce on HAWAII-Phone No.808-961-7424,TTY 808-961-7422, FAX 808-961-7411, at least ten (10)working days prior to your hearing or appointment date. Form 1C-P-787(3CCT)(10/19) Summons to Complaint EliRG-AC-508(10/19) EXHIBIT 8a CARLSMITH BALL LLP Electronically Filed PATRICK K.WONG 5878 THIRD CIRCUIT 75-5722 Kauakini Highway, Suite 208 3CCV-23-0000123 Kailua Kona,Hawai`i 96740 12-JAN-2024 Tel.No. (808)329-6464 0314 PM Facsimile No. (808)329-9450 Dkt. 149 ORD pwong icarlsmith.com DEREK B. SIMON 10612 1001 Bishop Street,Suite 2100 Honolulu,Hawai`i 96813 Tel.No.(808) 523-2500 Facsimile N.Q. (808)523-0842 dsimon c(icarlsmith.com IAN R.WESLEY-SMITH 10626 121 Waianuenue Avenue P.O.Box 686 Hilo,Hawai`i 96721-0686 Tel.No. (808) 969-8416 Facsimile No. (808)935-7975- - iwesl ey-smithnacarlsmith.com Attorneys for Defendant -1250 OCEANSIDE LLC IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAI`I C&J COUPE FAMILY LIMITED CIVIL NO. 3CCV-23-0000123- PARTNERSHIP, ORDER RE:DEFENDANT 1250 Plaintiff, OCEANSIDE LLC'S MOTION TO vs. DISMISS COMPLAINT,FILED MARCH 31,2023 [DKT. 1],FILED COUNTY OF HAWAII; COUNTY OF MAY 11,2023 [DKT. 15] HAWAII,PLANNING DEPARTMENT; ZENDO KERN,IN HIS OFFICIAL HEARING: CAPACITY AS DIRECTOR OF THE DATE: September 15, 2023 COUNTY OF HAWAII,PLANNING TIME: 3:00 p.m. DEPARTMENT; 1250 OCEANSIDE LLC; JUDGE: Hon.Wendy M.DeWeese JOHN DOES 1-10;JANE DOES 1-10;DOE CORPORATIONS 1-10;DOE PARTNERSHIPS 1-10;DOE ENTITIES 1-10; JUDGE: Hon.Wendy M.DeWeese TRIAL:None set Defendants. - - 4895-9945-3057.2.051730-00058 EXHIBIT 8a ORDER RE: DEFENDANT 1250 OCEANSIDE LLC'S MOTION TO DISMISS COMPLAINT, FILED MARCH 31, 2023 [DKT. 11FILED MAY 11, 2023 [DKT. 151 Defendant 1250 OCEANSIDE LLC's ("Oceanside")Motion to Dismiss Complaint,filed March 31, 2023[Dkt. 1J, filed May 11, 2023 [Dkt. 15] ("Motion"), came on for hearing before the Honorable Wendy M. DeWeese on September 15, 2023 at 3:00 p.m. Kenneth R. Kupchak, Esq. and Toren K. Yamamoto, Esq. (via Zoom) appeared for Plaintiff C &J Coupe Family Limited Partnership. Lerisa L. Heroldt, Esq. appeared for Defendant County of Hawai`i ("County"). Patrick K. Wong, Esq., Derek B. Simon, Esq. (via Zoom), and Ian R. Wesley- Smith (via Zoom) appeared for Oceanside. The Court, having considered the Motion, the opposition, reply memorandum, the argument of counsel, and the records and files in this action, and good cause appearing therefor, hereby finds, concludes, and orders as follows: FINDINGS OF FACT 1. To the extent that any of the following Findings of Fact shall be determined to be Conclusions of Law, they shall be deemed as such. 2. Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief filed June 27, 2023 [Dkt. 83] ("Complaint"), alleges that Oceanside and the County have failed to comply with their obligations under County of Hawai`i Ordinance Nos. 96-7 and 96-8 (together, the "Ordinances"),, and the Development Agreement dated April 20, 1998, by and between the County and Oceanside's predecessor-in-interest, 1250 Oceanside Partners (the "Development Agreement"). 3. The Ordinances are incorporated by reference into "the Development Agreement, both of which relate, to the development of the residential subdivision known as Hokuli`a. - - - 4895-9945-3057.2.051730-00058 2 4. Plaintiff alleges that, as an adjoining landowner, it has suffered tangible harm arising from Oceanside's alleged failure to build certain roadways (including stub outs) to dedicable standards and provide adequate public access to the shoreline as required under the Ordinances and Development Agreement. 5. Plaintiff further alleges that it has suffered tangible harm, including deprivation of its constitutional due process rights, arising from the County's alleged failure to enforce the Ordinances and Development Agreement against Oceanside, and the County's alleged use of improper procedures for amending the Development Agreement. 6. Plaintiff's Complaint asserts the following three causes of action: (i) Count I (County and Oceanside) seeks a declaratory judgment that: (a) Oceanside has violated the terms of the Ordinances and Development Agreement; and (b) the __ County unlawfully granted a variance to amend the conditions of the Development Agreement and Ordinances, and unlawfully adopted a resolution accepting dedication of three roadway lots that do not meet County dedicable standards; (ii) Count II (County) seeks injunctive relief enjoining the County from refusing to enforce the Development Agreement; and (iii) Count III (County) seeks a declaratory judgmentthat the County has interfered with Plaintiff's procedural and substantive due process rights. 7. The Complaint does not assert a breach of contract claim, but Plaintiff uses its alleged status as a third-party beneficiary under the Development Agreement as a vehicle to argue that this Court has concurrent subject-matter jurisdiction under Haw. Rev. Stat. ("HRS") § 46-4(a). 4895-9945-3057.2.051730-00058 3 8. Oceanside's Motion seeks dismissal of Plaintiff's Complaint on a number of grounds, including under the primary jurisdiction doctrine. CONCLUSIONS OF LAW 1. To the extent that any of the following Conclusions of Law shall be determined to be Findings of Fact, they shall be deemed as such. 2. The Court and the County of Hawai`i Planning Department ("Planning Department") share concurrent jurisdiction over the subject matter of this action pursuant to HRS § 46-4, and venue is proper in this Circuit. 3. The primary jurisdiction doctrine is implicated when, as here, claims are originally cognizable by both the court and the administrative agency. Specifically, the primary jurisdiction doctrine comes into play when claims are originally cognizable in court, but where enforcement of the claims requires a resolution of issues, which under a regulatory scheme, have been placed within the special competence of an administrative body. 4. When the primary jurisdiction doctrine applies, the judicial process is generally suspended pending referral of the issues to the relevant admini§trative body for its views. 5. The Complaint's allegations warrant application of the primary jurisdiction doctrine because: a. the allegations raise issues of fact that are not within the conventional experience of judges and require the exercise of administrative discretion; b. application of the primary jurisdiction doctrine here will promote uniformity and consistency in the regulatory process; c. the- Court is not an expert in County zoning regulations, building standards, or the various other arcane nuances of County-level administrative procedures with 4895-9945-3057.2.051730-00058 4 • respect to complex development agreements, all of which are directly relevant to the determination of the issues raised in Plaintiff's Complaint; d. the Court is not the best-suited decision-maker for determining whether the Development Agreement and Ordinances were actually complied with, whether the Haleki`i street extension was built to dedicable standards, or whether the County's variance and resolution procedures allegedly used to amend the Development Agreement were proper amendments as contemplated by the,Development Agreement; and e. the Court may not substitute its judgment for the expertise of the Planning Department and County of Hawai`i Board of Appeals. 6. Application of the primary jurisdiction doctrine here requires Plaintiff to avail itself of the declaratory ruling procedure provided under HRS Chapter 91 and the Planning Department's Rules of Practice and Procedure by seeking a declaratory ruling from the County of Hawai`i Planning Director("Planning Director") regarding the County's enforcement of and Oceanside's compliance with the Development Agreement and Ordinances. 7. Even if referral of the issues raised in the Complaint to the County's administration process does not resolve Plaintiff's claims, at the very least it will develop a record in this case. The Planning Department's expertise and specialized knowledge is critical to the Court's ability to understand the issues raised sufficient to render an adequate and well- considered judgment in this case. This necessary perspective will only be available to the Court if the Court first refers the matter to the Planning Director.and the matter runs its course through the County's administrative process.. 4895-9945-3057.2.051730-00058 5 • ORDER GRANTING IN PART DEFENDANT 1250 OCEANSIDE LLC'S MOTION TO DISMISS COMPLAINT,AND FILED MARCH 31, 2023[DKT. 11, FILED MAY 11, 2023 [DKT. 15], AND STAYING PROCEEDINGS PENDING REFERRAL TO THE COUNTY OF HAWAII PLANNING DEPARTMENT Based upon the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. The Motion is hereby GRANTED, in part, under the primary jurisdiction doctrine; 2. Plaintiff shall avail itself of the declaratory ruling procedure provided under HRS Chapter 91 and the Planning Department's Rules of Practice and Procedure, and seek a declaratory ruling from the Planning Director regarding the issues raised in the Complaint, including Oceanside's compliance with the Ordinances and Development Agreement; 3. This action is STAYED pending the outcome of the County's declaratory ruling process; 4. Every six months following the entry of this Order, Plaintiff shall file a brief status report with the Court regarding Plaintiff's progress with the County's declaratory rulings process; Oceanside and the County may also submit similar reports. 5. All claims set forth in the Complaint remain in this action. DATED: Kailua-Kona, Hawai`i, Ire Z • JUDGE OF THE AB-71.—ENTITLED COURT 4895-9945-3057.2.051730-00058 6 - • �ECEWED JAN 1 Y 1(124 (LOB) APPROVED AS TO FORM: KENNETH R. KUPCHAK, ESQ. TOREN K. YAMAMOTO, ESQ. Attorneys for Plaintiff C &J COUPE FAMILY LIMITED PARTNERSHIP ELIZABETH A. STRANCE, ESQ. LERISA L. HEROLDT, ESQ. LAUREEN L. MARTIN, ESQ. Attorneys for County of Hawai`i C&J Coupe Family Limited Partnership v. County of Hawaii et al.; Civil No. 3CCV-23- 0000123; ORDER RE: DEFENDANT 1250 OCEANSIDE LLC'S MOTION TO DISMISS COMPLAINT, FILED MARCH 31, 2023 [DKT. 1], FILED MAY 11, 2023 [DKT. 15] 4895-9945-3057.2.051730-00058 7 Vrith7i,t3:7. 4 CEIVED LDB) DEC 0 6 2023 RECEIVEIEW JAN 12 2024 (LDBa EXHIBIT 8b ELIZABETH A. STRANCE 4715 Electronically Filed Corporation Counsel THIRD CIRCUIT LERISA L. HEROLDT 7519 3CCV-23-0000123 Deputy Corporation Counsel, Section Chief 19-JAN-2024 Office of the Corporation Counsel 10:11 AM County of Hawai`i Dkt. 151 ORDG 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: lerisa.heroldt@hawaiicounty.gov Attorneys for County Defendants IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII C &J COUPE FAMILY LIMITED Civil No. 3CCV-23-0000123 PARTNERSHIP, ORDER GRANTING IN PART Plaintiff, COUNTY DEFENDANTS'MOTION TO DISMISS THE COMPLAINT FOR DECLARATORY AND INJUNCTIVE vs. RELIEF,FILED MARCH 31, 2023 [DKT. 11, FILED MAY 25, 2023 [DKT. COUNTY OF HAWAII; COUNTY OF 21],AND STAYING PROCEEDINGS HAWAII, PLANNING DEPARTMENT; PENDING REFERRAL TO COUNTY ZENDO KERN, IN HIS OFFICIAL OF HAWAII PLANNING CAPACITY AS DIRECTOR OF THE DEPARTMENT COUNTY OF HAWAII, PLANNING DEPARTMENT; 1250 OCEANSIDE Hearing Held: LLC; JOHN DOES 1-10; JANE DOES 1- Date: September 15, 2023 10; DOE CORPORATIONS 1-10; DOE Time: 3:00 p.m. PARTNERSHIPS 1-10; and DOE Judge: Hon. Wendy M. DeWeese ENTITIES 1-10, Trial Date: None Defendants. 1 EXHIBIT 8b ORDER GRANTING IN PART COUNTY DEFENDANTS'MOTION TO DISMISS THE COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, FILED MARCH 31, 2023[DKT. 11, FILED MAY 25, 2023 [DKT. 21], AND STAYING PROCEEDINGS PENDING REFERRAL TO COUNTY OF HAWAII PLANNING DEPARTMENT County Defendants'Motion to Dismiss the Complaint for Declaratory and Injunctive Relief, filed March 31, 2023[Dkt. 1], filed May 25, 2023 [Dkt. 21] ("Motion") came on for hearing before the Honorable Wendy M. DeWeese on September 15, 2023, at 3:00 p.m. Kenneth R. Kupchak, Esq. and Toren K. Yamamoto, Esq. (via Zoom) appeared for Plaintiff C & J COUPE FAMILY LIMITED PARTNERSHIP ("Plaintiff'). Deputy Corporation Counsel Lerisa L. Heroldt, Esq. appeared for Defendant COUNTY OF HAWAII ("County"). Patrick K. Wong, Esq., Derek B. Simon, Esq. (via Zoom) and Ian R. Wesley-Smith (via Zoom) appeared for Defendant 1250 OCEANSIDE LLC ("Oceanside"). The Court, having fully examined and considered the pleadings, the Motion, the memoranda, declarations and exhibits filed in support of and in opposition to the Motion, the records and files herein, having heard and considered the arguments of counsel and having placed its ruling on the record on September 15, 2023, hereby FINDS, CONCLUDES AND ORDERS: FINDINGS OF FACT To the extent any of the following Findings of Fact are determined to be Conclusions of Law, they shall be deemed as such. 1. Plaintiffs First Amended Complaint for Declaratory and Injunctive Relief, filed June 27, 2023, Dkt. 83 ("Complaint"), alleges the County and 2 Oceanside have failed to comply with their obligations under County Ordinance Nos. 96-7 and 96-8 (collectively "Ordinances"), and the Development Agreement, dated April 20, 1998, by and between the County and Oceanside's predecessor-in- interest, 1250 Oceanside Partners ("Development Agreement"). 2. The Ordinances are incorporated by reference into the Development Agreement, and the Ordinances and Development Agreement relate to the development of the residential subdivision known as Hokuli`a ("Hokuli`a"), surrounding areas and roadways. 3. Plaintiff, as an adjoining landowner to Hokuli`a, claims it has suffered tangible harm arising from Oceanside's alleged failure to build certain roadways (including stub outs) to dedicable standards and provide adequate public access to the shoreline as required under the Ordinances and Development Agreement. 4. Plaintiff further claims it has suffered tangible harm, including deprivation of its constitutional due process rights, arising from the County's alleged failure to enforce the Ordinances and Development Agreement against Oceanside and the County's alleged use of improper procedures for amending the Development Agreement. 5. The Complaint asserts the following three claims: a. Count I (County and Oceanside): seeking, in part, a declaratory judgment Oceanside has violated the Ordinances' and Development Agreement's terms; 3 b. Count II: requesting injunctive relief enjoining the County from refusing to enforce the Development Agreement; and c. Count III: requesting a declaratory judgment the County has somehow interfered with Plaintiffs procedural and substantive due process rights. 6. The Complaint does not assert a breach of contract claim, even though Plaintiff uses its third-party beneficiary allegations as a vehicle to argue this Court has concurrent subject matter jurisdiction under Haw. Rev. Stat. § 46-4(a). 7. The County's Motion seeks a dismissal of Plaintiffs Complaint on various grounds, including the primary jurisdiction doctrine. CONCLUSIONS OF LAW To the extent any of the following Conclusion of Law shall be determined to be Findings of Fact, they shall be deemed as such. Pursuant to the foregoing findings of fact, the Court concludes: 1. The Court and the County of Hawai`i Planning Department ("Planning') share concurrent jurisdiction over the subject matter of this action pursuant to Haw. Rev. Stat. § 46-4, and venue is proper in this Circuit. 2. The primary jurisdiction doctrine is implicated when, as here, claims are originally cognizable by both the court and the administrative agency. The primary jurisdiction doctrine comes into play when claims are originally cognizable in court, but where enforcement of the claims requires a resolution of issues which, under a regulatory scheme, have been placed within a special competence of an administrative body. 4 3. When the primary jurisdiction doctrine is applied, the judicial process is generally suspended pending referral of the issues to the relevant administrative body for its views. 4. The Complaint's allegations warrant the application of the primary jurisdiction doctrine to this action because: a. the allegations raise issues of fact not within the conventional experience of judges, requiring the exercise of administrative discretion; b. Application of the primary jurisdiction doctrine here will promote uniformity and consistency in the regulatory process; c. the Court is not an expert in County zoning regulations, building standards or the various other arcane nuances of County-level administrative procedures with respect to complex development agreements, all of which are directly relevant to the determination of the issues raised in Plaintiff's Complaint; d. the Court is not the best-suited decisionmaker for determining whether the Development Agreement and Ordinances were actually complied with, whether the Halekii street extension was built to dedicable standards or whether the County's variance and resolution procedures allegedly used to amend the Development Agreement were proper amendments as contemplated by the Development Agreement; and e. the Court may not substitute its judgment for Planning's or the County Board of Appeals' expertise. 5 5. Application of the primary jurisdiction doctrine here requires Plaintiff to avail itself of the declaratory ruling procedure provided under flaw. Rev. Stat. ch. 91 and the Planning's Rules of Practice and Procedure (2021) by seeking a declaratory ruling from the County's Planning Director ("Planning Director") regarding the County's enforcement and Oceanside's compliance with the Development Agreement and Ordinances. 6. Even if referral of the issues raised in the Complaint to the County's administrative process does not ultimately resolve Plaintiffs claims, at the very least referral will cause the development of a record in this case. The Planning Director's expertise and specialized knowledge is critical to the Court's ability to understand the issues raised sufficient to render an adequate and well-considered judgment in this case. This necessary perspective will only be available to the Court if the Court first refers the matter to the Planning Director and the matter runs its course through the County's administrative process. ORDER GRANTING IN PART COUNTY DEFENDANTS'MOTION TO DISMISS THE COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, FILED MARCH 31, 2023 [DKT. 1], FILED MAY 25, 2023 [DKT. 21], AND STAYING PROCEEDINGS PENDING REFERRAL TO COUNTY OF HAWAII PLANNING DEPARTMENT Based on the Findings of Fact and Conclusions of Law herein, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. The Motion is hereby GRANTED, in part, under the primary jurisdiction doctrine; 6 2. Plaintiff shall avail itself of the declaratory ruling procedure provided under Haw. Rev. Stat. ch. 91 and the Planning's Rules of Practice and Procedure and seek a declaratory ruling from the Planning Director regarding the issues raised in the Complaint, including Oceanside's compliance with the Ordinances and Development Agreement; 3. This action is STAYED pending the outcome of Planning's declaratory ruling process; 4. Every six months following the entry of this Order, Plaintiff shall file a brief status report with the Court regarding Plaintiffs progress with Planning's declaratory ruling process; the County and Oceanside may also submit similar reports. 5. All claims set forth in the Complaint - •0 ai .' I this action. Dated: Kailua-Kona, Hawai`i 1111y9 _ 7 r■\ • frArelti JUDGE OF THE ABOVE-ENTITLED COURT APPROVED AS TO FORM: /s/ Kenneth R. Kupehak, Esq. Attorney for Plaintiff C & J COUPE FAMILY LIMITED PARTNERSHIP /s/ Derek B. Simon, Esq. Attorney for Plaintiff 1250 OCEANSIDE LLC 7 EXHIBIT 9 �•Y OIy William P. Keno/ �" �' BJ Leithead Todd Mayor Director `,,�•- rf g N 17irector ;I�•II Fr �: '7 � 2,-"ro;- . Margaret K.Masunaga #••••• Deputy • County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)9614288 • Fax(808)961-8742 January 31, 2011 Sidney Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: SUBJECT: Variance Application: VARIANCE(VAR 10-027) Agent: Sidney Fuke,Planning Consultant Applicant: 1250 Oceanside Partners Owner: 1250 Oceanside Partners Request: Variance from Chapter 23,Subdivisions TMK: 7-9-012:004,006,011,029 and 034; 8-1-004: 003, 064, 065, 068 and 070; 8-1-032: 054; 8-1-033: 013 through 017;and 8-1-026: 057 and 8-1-032: 054 After reviewing your Variance Application, the Planning Director certifies the approval of VAR 10-027 from minimum road improvements, subject to variance conditions. The variance is from Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets and Section 23-95, Right-of-way improvement. VAR 10-027 permits the retention of existing and construction of new private 20-foot wide roadways with 50 and 60-foot wide rights-of-way within a multi-phased residential subdivision (Hokulia). The requested road section would be to omit the requirement for grading and paving of the road shoulders and replace with grassed shoulders. The decision to approve VAR 10-027 is based on the following background information and findings. BACKGROUND 1- Location. The subdivision measures approximately 1,552 acres and is located on the border of the North and South Kona districts. Hawai•i County is an Equal Opportunity Provider and Employer FEB .i ?On EXHIBIT 9 Sidney Fuke Planning Consultant Page 2 January 31, 2011 2. Zoning. The property is zoned Residential-Agriculture — 1 Acre (RA-1A) by the County and designated Agriculture (A) by the State Land Use Commission (LUC). 3. Subdivision Application. The Hokulia subdivision proposes a maximum of 665 residential lots, a golf course and associated amenities. Roads within the development, both existing and planned, are intended to be privately owned and maintained. The development is broken into three general phases: Phase I, Phase II, and Phase III. Phases I and II have been completed and granted final subdivision approval. Phase III is further separated into three sub-phases, North, South and East, with Phase III North and South having received tentative subdivision approval. Phase III East is under review by the Planning Department. 4. Variance Application. On April 20, 2010, a variance application was submitted for review, concerning the existing and proposed roads. On July 6, 2010 the variance application was returned, in part due to the department's stance that variance approval was not needed for Phases I, II and III North and South. Construction plans, including roadways with grassed shoulders in lieu of the paved shoulders, had already been approved by the County Departments of Public Works and Planning. Bonding and/or improvements in many of these road sections had already been completed. Following further discussion with the applicant and the request to reconsider, in order to legitimize the deviations from the subdivision code, the variance application was resubmitted on July 29, 2010 and included such items as the application, fee, narrative, maps and other associated material. Supplemental materials were also subsequently provided on October 18, 2010. 5. Agency Comments and Requirements. a. The State of Hawai`i Department of Health (DOH) memorandum is dated December 23, 2010. Refer to SOH-DOH memo in VAR application file. b. The Hawaii Fire Department (HFD) memorandum is dated January 4, 2011. Refer to HFD Memo in Variance application file. c. The Department of Public Works (DPW) memorandum is dated January 5, 2011. Refer to DPW memo in VAR application file. Sidney Fuke Planning Consultant Page 3 January 31,2011 6. Public Notice. The applicant filed a copy of the notice sent to surrounding property owners within 500 feet of the subject property. According to the affidavit provided by the applicant and dated May 18,2010, notices were provided on May 17`h. Notice of this application was published in the Hawaii Tribune Herald and West Hawai`i Today on December 28, 2010. The applicant filed an affidavit dated May 18, 2010, in regards to posting a sign upon the subject site that included pictures of the installed signage and other information. 7. Comments from Surrounding Property Owners or Public. a. A letter from Devlyn Akau, dated May 24, 2010, was submitted and cites concerns with impacts of development on the environment. Refer to memo in VAR application file. b. A letter from R. Dvorak, dated June 20,2010, was submitted and requests that no variances or future approval should be granted until past commitments are met. Refer to memo in VAR application file. Aside from the above, no further comments in support of or in opposition to the request have been submitted to the department REVIEW CRITERIA Chapter 23, Subdivisions, specifically, Section 23-14, provides the Planning Director general authority to grant variances from Chapter 23. Section 23-14 states in part: "Variances from the provisions of this chapter may be granted; provided, that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. Further, Section 23-15, Grounds for variances, states that no variance will be granted unless it is found that: a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and b) There are no other reasonable alternatives that would resolve the difficulty; and c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially Sidney Fuke Planning Consultant Page 4 January 31, 2011 detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. DISCUSSION The subject subdivision known as Hokulia is located in Central Kona which spans over 1,552 acres and will consists of 665 residential/agricultural parcels. The applicant is proposing a 20 foot roadway within 50 and 60-foot wide right-of-ways with the balance of the road-right-of-way being grassed in lieu of the Department of Public Works recommendation for shoulders and swales to be graded and paved. More specifically the applicant is seeking relief from all roadways within the subject subdivision, existing or proposed, including the Halekii Street extension (Road Lot R-1). The average slope of the subject property ranges from 15-20 percent, with some areas exceeding 20 percent. Therefore, full pavement of the right-of-way would increase water runoff impacting the lower and adjoining properties. The applicant has indicated that grassed swales would not only be more visually compatible and consistent with the area's character but would also act as natural storm drain and impede the velocity of any potential storm water. In considering Criteria "c" above, the department cites the DPW memo, dated January 5, 2011, which states in part the following: "The applicant asks for relief for all Hokulia Subdivision roads, none of which have received a construction final approval. DPW recommends that planning confirm if correct TMMC parcels are included on the application. The application does not acknowledge that Ordinance 96-008 Conditions L and M required dedication of the connecting roads. DPW objects to granting variance without specifying cross section details and distinguishing those streets. For example Halekii Street extension, which is a collector street, (see General Plan and Kona Community Development Plan), shall be dedicated to the County as required by ordinance. Because of safety, liability and maintenance concerns, separate details should be provided for roads that do not specifically require dedication to the County by ordinance and those that do require dedication. Additional conditions such as roadside landscape and drainage s.}.steni maintenance requirements and streetlights along with surety in case of default should be imposed for roads required to be dedicated to the County". It should be noted that the extension of Halekii Street has been completed without full right-of- way improvements per construction plans approved by the Department of Public Works. Sidney Fuke Planning Consultant Page 5 January 31, 2011 Also, similar type relief from road right-of-way improvements have been granted in the past for subdivisions where the road right-of-way and all improvements therein would be owned and maintained by an entity other than the County of Hawaii. More specifically, the development of the Lualaci subdivision in Waimea was given relief from improvements by installing grassed swales within the road rights-of-way. This approval was granted with the condition that there would be a written assurance for a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. In order to subdivide the property, an applicant is required to provide road improvements meeting the minimum requirements of the Department of Public Works. In review of the road variance request, the cost for additional right-of-way road improvements would be putting excessive demands upon the applicant when a more reasonable alternative (i.e. allowing the existing road improvement to continue with ongoing maintenance provided by the private owners association)may be permitted under the general authority of the Subdivision. INTENT AND PURPOSE Chapter 23, Subdivisions, specifically, Section 23-14, permits and provides the Planning Director general authority to grant variances from Chapter 23. The intent and purpose of road/access requirements to a proposed subdivision is to ensure legal and physical access to the proposed lots that are clearly defined and accessible from a public road by domestic and farm vehicles, police, fire, and other service vehicles under various weather conditions without constant maintenance. Further intent of requiring full improvements within the right-of-ways is to minimize the cost of its maintenance by the County of Hawaii. The applicant's report has stated in part: "However, as the existing and proposed roads are intended to be private, its maintenance and associated liability will be the responsibility of the homeowners association,who will eventually end up owning and maintaining all of the roads. Thus, the County's concern of maintenance— resulting in the full right-of-way pavement requirement — is absent for private roads. It should also be noted that this variance would not compromise any safety concern. There will still be a 20-22 foot wide paved road, which will be sufficient to allow for emergency vehicles to access the entire project area. The approval of this variance should therefore not be inherently violative of the spirit and intent of the Subdivision Code". Sidney Puke Planning Consultant Page 6 January 31, 2011 Based on the foregoing findings, this variance request would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code and the County General Plan. Furthermore, it is felt that the variances sought to permit the subdivision will not be materially detrimental to the public's welfare and will not cause substantial adverse impact to the area's character and to adjoining properties in this subdivision or immediate area. VARIANCE DECISION---CONDITIONS The variance request concerns the Department of Public Works recommendation for 20-foot paved roadways within 50 and 60 foot rights-of-way, with the balance of the right-of-way (shoulders and swales) being graded and paved, for all existing and proposed roadways within the subject subdivision including the Halekii Street extension (Road Lot R-1). The variance request, to permit the shoulder and swale areas to be grassed in lieu of the grading and pavement, is approved subject to following variance conditions: 1. Road Variance. The sub divider, owners, their assigns, or successors shall be required to provide written assurance meeting with the approval of the Planning director, in consultation with the Department of Public Works, that there will be a maintenance program for the grassed swales. This program may include the requirements for a maintenance bond or other security to assure the work is done in a timely manner. The proposed lots shall form a Homeowner or Road Association or include appropriate deed language, being covenants, conditions, and restrictions, which affect the entire property and/or proposed lots arising from the approval of the pending subdivision application and be duly recorded at the Bureau of Conveyances of the State of Hawaii by the Planning Department at the cost and expense of the applicant: a. The applicant and/ or owner(s) shall indemnify and defend the State of Hawaii or County of Hawaii from any and all liability arising out of vehicular access to and from the subject property utilizing the paved road or utilities within the Hokulia subdivision. Upon written demand of the County of Hawaii, the applicant and /or owners, their assigns, or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements serving the proposed lot(s) arising out of the Hokulia Subdivision. Should the improvement district require acquisition of any privately owned rights-of-way fronting the lots arising out of the Hokulia Subdivision, such tights-of-way shall be dedicated to the County without cost and the value of the dedication credited to the fair share Sidney Fuke Planning Consultant Page 7 January 31, 2011 contribution of the respective lot owner(s). 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. b. The future lot owner(s) agree to participate in any road maintenance agreement or/and pay their fair share to maintain access and paved roadways within the Hokulia Subdivision. In the event that there are any amendments or changes to the subdivision after the agreement is signed, the applicant shall be responsible for informing the County Planning Department of such amendments or changes so that the agreement can be amended concomitantly. Further, the written or recorded agreement shall be binding upon the owner(s), their successors or assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease, or similar documents affecting the title or ownership of the existing property or approved subdivided lots. 2. The subdivision shall meet with all of the conditions of Ordinance No. 96 007 and Ordinance 96 008, Tentative Subdivision Approval conditions and requirements of the Hawaii County Zoning Code, Ordinance and Subdivision Code not covered by this variance. 3. The sub divider, owner(s), their assigns or successors shall pay any outstanding real property taxes and comply with all other applicable State statutes and County ordinances pertaining to building improvements and land use. Should any of the foregoing stated conditions not be complied with, the Planning Director may proceed to declare VAR, 10-027 null and void. Sincerely, //Liz/ BJ LEITHEAD TODD Planning Director GS:LN:nci P:1Adrnin Permits.Division\Variance12010 Files\VAR 10-027 1250 Oceanside Partners.doc Sidney Fuke Planning Consultant Page 8 January 31, 2011 ti cc: DPW—Engineering VAR 10-027 TMK File SUBDIVISION Files OPPONENTS EXHIBIT 10 tr^cs COUNTY OF HAWAII ..(4. 'L';‘;':•4'. STATE OF HAWAII . ,l�•OF•N+�• RESOLUTION NO. 317 12 RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOTS 10-A, 1-B AND 3-A-2, BEING TAX MAP KEYS: (3) 8-1-035:004(POR.)(LOT 10-A), (3) 8-1-035:001 (POR.)(LOT 1-B)AND (3) 8-1-036:001 (POR.)(LOT 3-A-2), SITUATED AT HALEKII AND KEEKEE 1,DISTRICT OF SOUTH KONA, ISLAND,COUNTY AND STATE OF HAWAII, FROM 1250 OCEANSIDE PARTNERS,A HAWAI`I LIMITED PARTNERSHIP. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, 1250 Oceanside Partners, a Hawai`i limited partnership, is the owner of the Road Lots 10-A, 1-B and 3-A-2,portions of which contains an area of 7.868 acres, 0.081 acre and 0.066 acre, more or less,respectively, identified as a portion of Tax Map Keys: (3) 8-1-035:004(por.), (Lot 10-A), (3) 8-1-035:001 (por.)(Lot 1-B)and(3) 8-1-036:001 (por.) (Lot 3-A-2), situated at Haleki`i and Keekee 1, district of South Kona, Island, County and State of Hawai`i, as delineated on Exhibit"A"attached; and WHEREAS, subdivision approval for Road Lots 10-A, 1-B and 3-A-2 was granted on August 10, 2012, with the understanding that these lots will be transferred to the County of Hawaii as a secondary arterial road(rural)connected to the Mamalahoa Bypass; and WHEREAS, 1250 Oceanside Partners, a Hawai`i limited partnership is desirous of dedicating the above roadway lots to the County of Hawaii for road and drainage purposes,and the roadway lots have been inspected and approved by the County of Hawai`i Department of Public Works,and received dedication approval from the Department of Water Supply, Planning Department and Department of Environmental Management;and EXHIBIT 10 WHEREAS,the subject road and drainage improvements have been completed according to County of Hawaii standards, and are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawai`i County Code; and WHEREAS, Section 23-10 of the Hawaii County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Section 23-41 of the Hawaii County Code prohibits the Council from receiving by dedication any streets that are less than the minimum right-of-way and pavement widths; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the council may accept gifts, which include the dedication of land, on behalf of the County of Hawai`i. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds the subject roadway lots are in full compliance with the provisions of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, and that it is in the public interest to accept such dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, and Sections 23-10 and 23-41 of the Hawai`i County Code, that the County of Hawaii accepts the dedication of Road Lots 10-A, 1-B and 3-A-2, portions of which contains an area of 7.868 acres, 0.081 acre and 0.066 acre, more or less, respectively, identified as a portion of Tax Map Keys: (3) 8-1-035:004 (por.) (Lot 10-A), (3) 8-1-035:001 (por.) (Lot 1-B) and (3) 8-1-036:001 (por.) (Lot 3-A-2) and, delineated on Exhibit "A" attached hereto for public road and drainage purposes. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawaii; (2) the Department of Public Works; 2 (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela; and (4) 1250 Oceanside Partners, a Hawai`i limited partnership, Post Office Box 2059, Kealakekua, Hawai`i 96750. Dated at Hilo , Hawai`i, this 9th day of November , 2012. INTRODUCED BY: 0/// COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i BLAS X FORD X I hereby certify that the foregoing RESOLUTION was by I IOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X 1 County of Hawai`i on November 9, 2012 ONISHI X PILAGO X ATTEST: SMART X YAGONG X A YOSHIMO"I'O X wicapmet(pi , , , 4. A: ', ' ). 8 0 1 0 U---, Reference: C-896/Waived PWIRC JUNTY CLERK CHAIRPERSON & PRESIDI G O . ICER RESOLUTION NO. 317 12 3 .416 2a r ‘0i J r$..5S1. 1•141 1111 i LOT 3-A-1-A LOT 1-A-1 —1 � �1 nor 6 4414 DEDICATION LOCATION MAP HOKULI'A, PHASE 1 TO BE DEDICATED:HALEKI'I STREET (LOTS 10-A, 1-B AND 3-A-2) TYPE OF ROAD:80-FT. WIDE RIGHT-OF-WAY WITH 24-FT. WIDE AC PAVEMENT LENGTH OF ROAD,4.284 FEET NUMBER OF LOTS: 2 AVERAGE LOT SIZE: 52 ACRES TAX MAP KEY: 8-1-035 (3RD DIVISION) SHEET 1 OF 1 DATE APRIL 7,2012 p.\18000-18459\1 400.31\d9n\164003Ird dgn EXHIBIT "A" EXHIBIT 11 �yy0 f NDLLNOd 40-1-9 001 WOAVH'01•100 MOOS ONV H1HON:N0LLV001 103rOJd H rV 00'"3H 1S31V1 1 3SVHd V,MNOH'3lLLL 10311ONd ry E. m�' r T al -fir CQ r^- 44 A5^ i. VJ 3l 0.W n! - ! r4 k 0. a t a V2ogsVEk 0."1 ' A _ 4,5 g� 8880 oozes ego ,..ggE W 1 k s , LY 1� z s ys'i O _aid' oHt-,e'ug a IIwI! aYW ssffilald illi $$il e`aR1 % d `$ I 1$ ii '. z N a GQ x n s sss5ss� _ 8:n >888188 bsss ' - ..W y y� „ ---- ---40 Q ' ++ 1.) O Z Q :irsj1GLL!II --E„,,,,,„„i'r ,,,,,q,,,,- s s a Z 51131�i /•EEffs Amo” o�F�...gtttgg- 1 yo ��o�F £osoo W�V::�i� 0- 0 x Q (Q�J7 tan-- � . , �» :::::131/3rhgRagagW Z T 2S 1=0,000.4."1.41144 "1141111 W" W00Z80S0081WWw 000 0WW008111111888"W O 0 T --1 �o Q 88 4$ $8 gen s " U `pJ vs 00 Q z 88RRkkkkoRgg2R $ ^ nip ��� E� i Qii RRRR J r1 Zir W ss -dg.add«su v ��_" ww ppp:LL:� ? R-.- -2M % Fri O ❑ ««kkkCkkLL mm: ». x 111111911111 084,- .i� 4 HCC1�/1 /� W Allis se5555/3. 10�1Wr'»>e�000�000g '�yt, bft' ''. a= hh��1l ` ' CO J w "^.^ w. ewe n-.4— agahhhh NU c cuainilud_a_age21A8 Y00H��'�"�`J ���G" `J�w��c3_3_ri330 0 o d�o�C000No y _ ¢ la Wco 5 O cc ���'3�'3o aw'C :3;3.5 ���Y� �Llo�o�����F �i��.na»W< _ LL 1100 000 0000 ono w ;����z$'i4a���oo '�a0 ����k� ��., o"�W¢o Z O xy ❑ LL W add .- >aaao _jam dans n -- 1 N*-m2p11wo I� <R eee. da a wwW a '" � "G€EBF �;; GGBou�1i€zzaizii. giii iii 0 x E. D Q 1m-' in ^. Jars 8/.,.. 8 -��s .,o„Faa na 438g ggd ...,..14T4 0 Y4 1001 O Q W(i) 08888 8iIM 82 Ll.. - FF g _ = a0.`CC`.C`.i;ik`P.`S.`k6`.`k`k6`. W J 2RRRoRRRRRRRR r ❑ (n Q 8sssss aasssa _ (n vaezg o$"":xx s sus - 8 $ $ ce Cl)J W- 8 ..88 ='C 8. _ '0 d. `k`G`k`G.`kG`,`k`G.C``C.`G`k`G`GC`, 'a a �0'.��.e..a aRao^- o..�.� g 8 `C.$ oi`„8,e'"„o z —= z ii1II1'4"144411'9R k5RRokC`.%� 8RQo�Rg.428, 84v8PRQQRRRRR SSaRSkk; oC 3 k 1111 1111 11,.0 20.osog?R 8888'88 8a8o0g8:YoRoggog8,p888 $RRag2Rg a4QoQ Q - :. �sg.. a ^ 444113 _Z c 5 yy yyyy �y�yy .C`.-W-iigg"^<`kt`�t`.`G.`P.G`, 1111 `CC`G`�kkCCCCk`t`.k`kkkkC `C.« -G`. W Q ...........3.44 i�14.`C`11.l I......`.kzzs .'R&««...S.4BP...:::z.2.a. GkG.� ti w O QO 8 -"._ 1 0 041Liiiiis ilii EMiiisii$ii$iiEEE:sisi:� $$sssiEEEEEEgii E & pC Q 01 0 1111020.2 72282,--.=------"2882888282 8222822828/,<2ss82882W 88222282 (3 of = goavoasaaaa -"- - -- -- d' � ap� X � �€.,„o^^000000aaaaaa1d_d > ..�daaaao> e Lij c4 N Z _ _ rads a� ^s s xaxk assess p r r ^ e"s"seaae� �� �s a s 33a a�$� .,tea.,........ _ s Z 1---- ---- . .4 8. 1, „,, o o I, 'I -' `1E �- d ,I 11. 1Z , v � � a .41 IE 1 0 1 11 �z U S F - 418 z 6 . , F--1 gi. I .,,,,..........„,,,,,„„„1 l a £ }z $�� 1 �' 1.e. 1 Z h ir- f G E 811 �oc, '` 1� eoc go wa wPo,a x,", • ::3 NT f dOH.NOLLNOd:HI-1- :mu WAWA'VNO)H(OS-OHON uVOOl1O3f'Oad C7 N06N38 15311,1 dS YHd V. f H 31lLL 1O3'OL P r l r ;IS A .51, 'sa + Ng W g Cr) W '• 439hs 2p P ''S gi Eire =mss • • �2 a II i t 888E o'6a Rg g " oo A I 24 '3 �. .` ,\ CO A U W g , a w L g v) � a =�� �� ,�,.�§gone ;�� ��€€€ � ' s; Ol s H,.,4 a - �L :iin4, nHUD 'niaIIH gg„ - _11 3 a /II, ' 1.P4a3 1 'w U" Aas!'" 1 N a r:C1 x e. .,....3ss: sssssss"" ,.this. a z .66 WW"WWW a 4'- g W § vv.4ggttvtvvvv------o a /—{ st g . ... - ttg gg:.Tggpggg gs�s3a33a33twv 01 s WW t-00.0$$ ggg4Tm T§TH ggaggg " isogggy ^ � Q o a z ® iiiiiitUsPii000iiiiigiiii it-t X 111 !_S E 3 ' a h�+� ► . . 1- ig w l▪iiiiii :133111! .,szu = ,W 151.1 iliosi5:1n, OZ ►� Q WWWWWWWWWWWWWW "" WWWWW2WR"WWWWW"R" WWWWWW1gWWWW"ahuWaaW 0 F- 1 U 0° Q 5 a Q I J .. 4 fac F= 0 W gaga e▪ N 3i33333iiRi oo .-- so •' '2 „"II(IP i__ 4 � (n J , $$$�$����i��_�.,." I��f���o�rroqq .a�ia��: a W �Vi ;;;0:4,: w W g 1 --------- o f ii a xis P,'<° 'Y 'i. ' I I iI1 i5`5 HN O x a Q Mar iii =TUT ick .T9." 9r - I I .iia.: O Q CO > Z §. IE R §§ d.5i111111: ' ! ! psi i, M''''6:11 li! Z N i n.,,,,, a ...O..]: .1 -- 7s„<1.11., R” II II iI'11^<„ 0 ^ ((/) 0 ( 7 R aua5$ I ou 1111 11:IIISS OQ W N USITT gRRR88o . W 3= egeR12 o£ R F— o (1).7( 88$„BSggRRR'.g85 ^ _ > R^ 8 0 8 (n �< � 8 8 ^g88RR -F< 8R SR.rB 88 8 8^ R R wW> 0 `ggg< gaga 8. !ogxaT.T.T. ^gooT-oavo==:-:�vogae2-g"<�oso : a Z >Q z ��a11 - .=o- g'2=gg.11gEE;;aagE42EaiWCWaxEW. .2t.4. 2:' - _ $$,31. `i3 'iiii3oegg!o1-sag". ---- R2.22 2R.-^ooQ.2.2gg QQ000QQ ''ge gg a O Q Q1/104-"447.4/ 1444'.17L<4«: «. ." =" ,<.,.,': �t-"t-" - ""V11 o2 s881: 888g888888g8R88888!88„8888 - 68-gi.eg � 8R . : ttCC8. 08 OWJZ - I L7< « ' . " C � Y gg UQ ..... "Ii" ttt ,,,M, , .11, ,, Z'ZI, _ w < NRR ;218_8ES a IoS RRS211RRREXRE8181111P8RRS818181181 g?? p-, � co co_j ,, - aGFg n i1, i TiTliiiiiiiiiiiiiiii iiiiTMTIiiiiiiiiiiiiii= iiT'i i N 05.7z o 1Ugg!E! MINN. a i I I I : V '. Z i +' \,'? ¢ ,� o s� T..,,�, .oma,..,., - _/1 4i, { ii z `11J ' 1i tz- 1 a1J a1 v. W m W $-i _ wo a' Zoj a , 0n � 1L/ j y J \ II cyl ir , . 3, 1\1� Iii 6� , i II " x3 1 ,-4,9 , 1 z � $ -1,. _ , y � FWE" ep.,EPl a, E+ ao i