Loading...
HomeMy WebLinkAboutCOM 0868.000 1998-2000 YY «I, William G. Davis Stephen K. Yamashiro - Managing Director Mayor • Henry Cho •~ir', +~o- L Deputy Managing Director f pj M~ Courtty of Ahfuzal 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakhti Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 July 21, 2000 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-104 (REZ 633) Applicant: Keauhou Sunset Corporation (formerly LURI Corporation) Request: Amendment to Condition E (Start Construction) Tax Map Key: 7-8-14:90 Change of Zone Application (REZ 00-004) Applicant: K.R.S. Development, Inc. Request: A-40a to A-5a Tax Map Key: 6-2-1:91 Change of Zone Ordinance No. 99-79 (REZ 767) Applicant: Big Island Country Club & Estates Request: Amendment of Condition M and M(2) (Complete Construction) Tax Man Key: 7-1-5•various As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, +e r Stephen . Yamhiro 4 0 Mayor L070700MAY Q/„(L Enclosures Comm. No, VW ll/ cc: Planning Department File No. z Biel a` It( het', To. -f l l 10 -ql, o JUL 2 5 2Qd11 fY M•y_ ,i• Stephen AK....Y.~amaehiro (fIlttfr u ~ttfuii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %7204252 (805) %1-8258 • Fax (BOB) %1-%15 CAUL 2 1 20x0 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 99-79 (REZ 767) Applicant: Big Island Country Club & Estates Request: Amendment of Condition M and M(2) (Complete Construction) Tax Man Key: 7-1-5:various The Planning Commission, after a duly held public hearing on July 7, 2000, voted to recommend for your approval the proposed legislative bill to amend Condition M and M(2) (complete construction of community park, recreational center and fire station facilities) of Change of Zone Ordinance No. 99-79, which amended Ordinance No. 94-78, which changed the district classification of approximately 425.69± acres of land from Unplanned (U) to Agricultural (A-la). The property is located on the northwest (makai) side of Mamalahoa Highway opposite the Puu Lani Ranch Subdivision at Puuanahulu Homesteads, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The purpose of this request is to amend the performance requirements of Ordinance No. 99-79 which amended Ordinance No. 94-78 (REZ 767) to ensure that the applicant is not in violation with the time conditions. The inability of the applicant to comply with the requirements of Condition M and M(2) of Change of Zone Ordinance No. 99-79 which amended Ordinance No. 94-78 (REZ 767) is the result of conditions which could not have been foreseen or are beyond the control of the applicant. The applicant has completed plans for the community center and will be submitting them for Plan Approval review and building Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 permit processing within the next week. The construction plans for the access have been completed and are now under review by the State Department of Transportation. The grading plan for the community park should be completed within the next two weeks. The on-site infrastructural plans, (i.e. water, sewer, and electricity), should be finalized within the next month. Thus, from this date, the applicant anticipates a 7-8 month period for completion of the community center and park. Accordingly, the applicant states that construction of the community center will begin no later than December 1, 2000 and completed no later than March 1, 2001; and construction of the volunteer fire station will begin no later than March 1, 2001 and completed no later than July 1, 2001. In support of the request, the applicant states, "We would like to emphasize that the applicant has been making every reasonable effort - in spite of the years of sagging economic condition - to fill its obligation not only to the various conditions of approval but to the community. For example, the 10-acre park site has already been conveyed to the Puuanahulu Community Association. After receipt of input from the community, the construction plans for the community center have been completed and will be processed next week. We have also been working with the community to assist in their efforts to develop a educational and cultural center on State land in Puuanahulu. We trust that these activities - and more - are indicative of the applicant's efforts to fulfill its obligations to the community and the applicable conditions of approval." Approval of this amendment request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. The General Plan designation for the area has remained as "Intensive Agricultural" and "Extensive Agricultural." The applicant has continually worked to secure the necessary approvals from the various departments for the required improvements within and beyond the boundaries of the project site. Over the years, the applicant has shown perseverance in managing the many requirements which they have had to deal with. The applicant secured Final Subdivision Approval on January 18, 2000 for the Pu'uanahulu community park site. Subsequently on April 20, 2000, the applicant conveyed the Warranty Deed for said park site to the Pu`uanahulu Community Association, as required by condition of approval. The applicant has either complied with, or initiated the process of compliance with other conditions of approval within the subject ordinance. Further, it should be pointed out that the applicant has also extended its commitment to the community by involving the residents in the area with job opportunities and training at the project site. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Therefore, a favorable recommendation of the request to amend the completion of the community park, recreation center, and the volunteer fire station will be consistent with the original reasons for the granting of the change of zone. For your favorable consideration, an amendment to Ordinance No. 99-79, which amended Ordinance No. 94-78, of the County Zoning Code is transmitted. We are enclosing a copy of the request, a copy of the staff background and additional correspondence for your information. Sincerely, LL Richard B. Baker, Jr., Chairman Planning Commission Lbiccerez767#2K Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply West Hawaii Office Kazu Hayashida, Director/DOT-Highways, Honolulu BBigisOl. emm/agk-06/30/00 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BIG ISLAND COUNTRY CLUB AND ESTATES AMENDMENT TO CONDITION M AND M(2) CHANGE OF ZONE NO 99-79, WHICH AMENDED ORDINANCE NO 94-7$ Big Island Country Club and Estates has submitted a request for amendment to Condition M and M(2) (complete construction of community park, recreational center and fire station) of Change of Zone Ordinance No. 99-79, which amended Ordinance No. 94-78, which changed the district classification of approximately 425.69± acres of land from Unplanned (U) to Agricultural (A-la). The property is located on the northwest (makai) side of Mamalahoa Highway opposite the Puu Lani Ranch Subdivision at Pu`uanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-5:9, 10, 22, 26, 28-34, 39-41, 58 & 59. GENERAL INFORMATION 1. Land Ownership: Lands within the project site are owned by Big Island Country Club and Estates (BICCE). RELEVANT BACKGROUND INFORMATION 2. July 6, 1994: Effective date of Ordinance No. 94-78, which rezoned approximately 425.69± acres of land from Unplanned to Agricultural - 1 acre with 24 conditions of approval. However, the effective date of rezoning for the subject parcels is on July 3, 1996, which is when the applicant met compliance with Condition B regarding the establishment of a water source. 3. July 3, 1996: Tentative Subdivision Approval issued for revised Subdivision Application No. 90-189 for a 121-lot subdivision. The pending subdivision does not exceed the 106 agricultural lots as limited by Condition C of Change of Zone Ordinance No. 94-78. The additional 15 lots are for the golf course and its related improvements, archaeological, utility, road and other related infrastructural lots. Based on the effective date of the rezoning which is July 3, 1996 and in accordance with Condition C of Ordinance No. 94-78, Final Subdivision Approval shall be secured by July 3, 2001. 4. December 9, 1997: Planning Director grants administrative extension of time until December 31, 1998 pursuant to the Community Benefit/Impact Fee requirements Agreement, to complete full construction of the proposed facilities as required by Special Permit No. 863, Use Permit No. 74 and Condition M of Change of Zone Ordinance No. 94-78. A condition of this agreement permitted the partial opening of the golf course on January 1, 1998. 5. June 25, 1998: Effective date of Agreement executed between the applicant and the Planning Director for the interim opening of the golf course and the deferral of pertinent conditions of Change of Zone Ordinance No. 94-78, Use Permit No. 74 and Special Permit No. 863 subject to terms outlined in Agreement as follows: a. $1 million would be satisfied through the provision of the community park and improvements thereon before December 31, 1998. The estimated cost breakdown of this contribution was established at: 1) 5 acres of land (5 x $125,000/acre $ 625,000 2) Site Work $ 100,000 3) Community Facility (includes fire house) $ 250,000 4) Roadway Improvements $ 200,000 5) Water and Electrical System $ 50.000 Total $ 1,225,000 b. The remaining $2 million would be paid out of escrow to the County of Hawaii in conjunction with the sale of each lot. Based on 100 lots, this would be approximately $20,000 per lot. In either case, all of the required sum would be due and payable before December 31, 2001 or approximately a maximum of five (5) year period. Based on this Agreement, the golf course was allowed an interim opening on January 1, 1998. 6. November 23, 1998: Applicant's letter submitting a revised park plan and request to amend Condition No. 4 of Use Permit No. 74, which would increase the park area from 4.4 acres to approximately 10 acres for a passive and active recreational area. -2- 7. June 23, 1999: Ordinance No. 99-79 was approved by the County Council which amended Condition M (complete construction of proposed facilities). This required the applicant to subdivide and convey approximately 10 acres to the Pu'uanahulu Community Association or designee within six months from the effective date of the ordinance or by December 23, 1999. (See Exhibit A) 8. January 6, 2000: Planning Director grants administrative extension until June 23, 2000 to complete final subdivision approval and to convey, record and title search the property. 9. January 18, 2000: Final Subdivision Approval granted for the Pu'uanahulu Community Park site. 10. April 20, 2000: Warranty Deed dated February 20, 2000 conveys the 10-acre park site to the Pu'uanahulu Community Association. 11. Condition M and M(2) of Change of Zone Ordinance No. 99-79 states the following: "To ensure the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall: "(1) Subdivide and convey in fee, approximately 10+ acres of land within the project site, to the Pu'uanahulu Community Association or its designee for development as a community park within six (6) months from the effective date of this amendment. The applicant shall be responsible for payment of the park's real property taxes and liability insurance for a two year period after its conveyance to the Pu'uanahulu Community Association; "(2) as represented by and committed to by the applicant, the community park, a community recreational center and volunteer fire station shall be completed by December 1, 2000; and "(3) the applicant shall provide metered potable water service equal to three (3) units of water, as units are defined by the County Department of Water Supply for use at the community park. Upon the County's request, the applicant shall also -3- provide a minimum of one (1) unit of water to its property line to accommodate a public rest stop. "All necessary approvals to allow the construction of the proposed facilities within the project site shall be applied for and secured by the applicant with the completion of its construction by December 1, 2000; APPLICANT'S REQUEST 12. In support of the request, the applicant states: "The plans for the community center have been completed. We will be submitting them for Plan Approval review and building permit processing next week. The construction plans for the access have been completed and are now under review by the State Department of Transportation. The grading plan for the community park should be completed within the next two weeks. Relative to the on-site infrastructural plans, (i.e. water, sewer, and electricity), they should be finalized within the next month. "Thus, from this date, we anticipate a 7-8 month period for completion of the community center and park. Accordingly, we would like your and the Commission's favorable consideration to the following requests on the applicable conditions of the various permits: a. Construction of the community center to begin no later than December 1, 2000 and completion no later than March 1, 2001; and b. Construction of the volunteer fire station to begin no later than March 1, 2001 and completion no later than July 1, 2001. "We would like to emphasize that the applicant has been making every reasonable effort - in spite of the years of sagging economic condition - to fill its obligation not only to the various conditions of approval but to the community. For example, the 10-acre park site has already been conveyed to the Puuanahulu Community Association. After receipt of input from the community, the construction plans for the community center have been completed and will be processed next week. We have also been working with the community to assist in their efforts to develop a educational and cultural center on State land in Puuanahulu. We trust that these activities - and -4- more - are indicative of the applicant's efforts to fulfill its obligations to the community and the applicable conditions of approval." 13. Supportive Information: In support of the request, the applicant submitted: (See Exhibit B - Letters dated April 27, 2000and June 30, 2000) STATE AND COUNTY PLANS 14. State Land Use District: The subject properties are located within an area classified as "Agricultural" by the State Land Use Commission. 15. General Plan LUPAG Map: The LUPAG Map designates the area for "Intensive Agricultural" and "Extensive Agricultural" uses. Land designated Intensive Agricultural have relatively fertile soils and are basically used for sugar, orchard, diversified agriculture and floriculture. Extensive Agriculture basically refers to pasturage and range lands. 16. County Zoning: Agriculture 1-acre (A-la). 17. Special Management Area: The subject property is not situated within the Special Management Area boundary. PUBLIC FACILITIES AND SERVICES 18. Access: Access to the property is from Mamalahoa Highway, a two-lane highway having a pavement width of 24-feet within a 50-foot right-of-way. 19. Water: Water is available to the property. 20. Wastewater: Individual wastewater disposal system will meet with the requirements of the Department of Health. 21. Solid Waste: Solid waste generated by the project will be disposed of at the new County landfill at Pu'uanahulu. 22. Public Services: The County's police and fire services as well as medical and educational facilities are located in Waimea and Kailua-Kona, approximately 20 - 25 miles away. 23. All other essential utilities and services are or will be made available to the property. AGENCIES' COMMENTS 24. Department of Public Works (June 13, 2000 Memo): -5- "We have reviewed the subject application and have no comments." 25. Police Department (June 2, 2000 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 26. Fire Department (May 23, 2000 Memo): "We have no comments on the above-referenced Change of Zone Ordinance, Use Permit and Special Permit Applications." 27. Real Property Tax Office (May 17, 2000 Memo): "Possible rollback taxes. "Agricultural use assessment removed for 1994. "Delinquent/Amounts $85,268.76. Amount includes tax, penalty, & interest up to 5/31/00. "All of these parcels are delinquent for 2/20/00. Tmks: 7-1-005-034 and 039 were dropped into par. 31." Applicant's Response: (See Exhibit C - June 7, 2000 Letter) 28. Department of Land and Natural Resources, Historic Preservation Division (May 26, 2000 Letter): "Thank you for your Memo of May 15, 2000 and the opportunity to review and comment on the subject application. "The applicant is seeking a time extension to complete a community park and a volunteer fire station. The request for additional to fulfill the conditions of the original permits will have `no effect' on historic properties. 29. State Department of Transportation (June 20, 2000 Letter): "Thank you for requesting our review of the proposed time extension amendments to the Change of Zone Ordinance, use Permit, and Special Permit. "We have no objections to the proposed time extensions. However, we request that 20 feet of the designated 30 feet setback along Mamalahoa Highway be set aside for future roadway widening and related improvements. Please also inform the applicant that we require the submittal of construction plans for any work done within Mamalahoa Highway's rights-of-way." -6- 30. State Land Use Commission (May 19, 2000 Letter): "We have reviewed the subject requests forwarded by your memorandum dated May 15, 2000, and have no comments to offer at this time. "We appreciate the opportunity to comment on the subject requests." AGENCIES - NO RESPONSE 31. Department of Water Supply, Department of Parks and Recreation, State Department of Health, Department of Land and Natural Resources-Land Management, Pu`uanahulu Community Association PUBLIC COMMENT$ 32. The Department has not received any written objections or comments from the public or adjacent land owners on the subject request. -7- r COUNTY OF HAW1I -O' STATE OF HAWAII . .f: . " BILL NO. 67 (Draft 2) ORDINANCE NO. 99 r 9 AN ORDINANCE AMENDING ORDINANCE NO. 94-78, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) TO AGRICULTURAL (A-l a) AT PUUANAHULU HOMESTEADS, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41, 58 & 59. = BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-78 is amended as follows: "SECTION 1. Section 25-86, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puuanahulu Homesteads, North Kona, Hawaii, shall be Agricultural (A-1 a): Beginning at a set rebar and cap at the Easterly corner of this parcel of land, on the Southwesterly side of a 25-foot wide Road Reserve (Homestead Road) and on the Northwesterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PANINI" being 1006.94 feet North and 5250.91 feet East and running by azimuths measured clockwise from True South: Thence along the Northwesterly (makai) side of Mamalahoa Highway for the following four (4) courses: 1. 62° 13' 00" 8.13 feet to a rebar and cap; Thence along a curve to the left with a radius of 2045.65 feet, the chord azimuths and distance being; 2. 60° 40' 46" 101.76 feet to a rebar and cap; 3. 59° 08' 54" 846.01 feet to a found pipe; 4. 59° 1 P 00" 149.89 feet to a found pipe in concrete; EXHIBIT 5. 149° 08' 00" 326.37 feet along Lot C to a found pipe in concrete; 6. 59° 10' 50" 399.40 feet along Lot C to a found pipe in concrete; 7. 329° 12' 00" 331.12 feet along Lot C to a rebar and cap; Thence along the Northwesterly (makai) side of Mamalahoa Highway for the following three (3) courses; 8. 56° 55' 00" 3.37 feet to a rebar and cap; 9. 56° 55' 10" 716.93 feet to a found pipe; 10. 560 57' 00" 472.37 feet to a found pipe; 11. 121° 04' 00" 681.39 feet along TMK: 7-1-05:36, the remainder of Grant 7540 to a rebar and cap; 12. 8° 18' 00" 153.94 feet along fence and along TMK: 7-1-05:36, the remainder of Grant 7540 to a rebar and cap; 13. 13° 18' 00" 89.00 feet along fence and along TMK: 7-1-05:36, the remainder of Grant 7540 to a rebar and cap; 14. 24° 47' 00" 674.50 feet along fence, along TMK: 7-1-05:51 and 50, the remainder of Grant 6151 to a found pipe in concrete; 15. 94° 16' 25" 25.00 feet crossing end of 25-foot old Homestead Road to a rebar and cap; 16. 94° 23' 30" 154.28 feet along fence along Lot 26-B to a found pipe; 17. 94° 12' 30" 420.73 feet along fence along Lot 26A-1 to a found pipe at fence comer; 18. 4° 25' 25" 433.57 feet along fence along Lot 26A-1 to a found pipe; -2- 19. 53° 34' 00" 24.51 feet crossing the old Homestead Road (25-foot wide) to a rebar and cap; 20. 143° 41' 00" 270.50 feet along stonewall along Lot 27-B to a found nail at middle of stonewall; 21. 143° 24' 00" 310.24 feet along stonewall along Lot 27-B to a found nail and at middle of stonewall; 22. 32° 35' 50" 537.23 feet along Lot 27-B to a found pipe; Thence along an old fence line, along State of Hawaii lands for the following (15) courses; 23. 140° 17' 00" 502.04 feet to a found pipe; 24. 141 ° 54' 00" 369.02 feet to a found pipe; 25. 162° 04' 00" 643.50 feet to a set rebar and cap; 26. 167° 19' 00" 157.00 feet to a set rebar and cap; 27. 166° 09' 45" 473.02 feet to a set rebar and cap; 28. 177° 33' 50" 168.02 feet to a set rebar and cap; 29. 167° 19' 00" 157.00 feet to a set nail in a found on rock; 30. 171 ° 51' 00" 576.00 feet to a found pipe; 31. 211° 35' 00" 305.03 feet to a found pipe; 32. 2240 52' 00" 141.96 feet to a found pipe; 33. 223° 31' 00" 522.00 feet to a set rebar and cap; 34. 175° 56' 00" 606.79 feet passing over a set rebar and cap at 545.02 feet to a set nail in a found in a set stone; 35. 178° 24' 40" 801.47 feet to a found on rock; 36. 241° 51' 55" 677.87 feet to a found on rock; -3- 37. 245° 07' 50" 373.00 feet to a found on rock; 38. 241° 14' 05" 463.15 ,feet along State of Hawaii lands to a found pipe and rock marked "XXXVI"; 39. 261 ° 34' 25" 531.86 feet along State of Hawaii lands to a found pipe at fence line; 40. 256° 59' 35" 331.98 feet along a fence line and stonewall, along State of Hawaii lands to a found spike in rock and concrete at fence and wall junction; 41. 317° 36' 00" 591.70 feet along stonewall and fence line, along State of Hawaii lands to a set P.K. Nail at the West face of stonewall; Thence following near (paralleling) old fence line and broken stonewall, along State of Hawaii lands for the remaining eleven (11) courses; 42. 324° 55' 00" 684.18 feet to the middle "X" of a rock marked "XXXVII"; 43. 323° 29' 00" 232.10 feet to a spike in rock; 44. 325° 25' 00" 436.00 feet to a set rebar and cap; 45. 329° 34' 00" 250.00 feet to a set rebar and cap; 46. 330° 48' 00" 37.90 feet to a set rebar and cap; 47. 331 ° 33' 35" 910.42 feet to a set nail and cap in concrete; 48. 325° 13' 00" 120.00 feet to a set rebar and cap in concrete; 49. 301 ° 53' 00" 335.82 feet to a set P.K. Nail in rock; 50. 313° 10' 25" 34.65 feet crossing the end of an old 25-foot wide Homestead Road to a set P.K. Nail in rock; 51. 314° 46' 55" 528.79 feet along the Southwesterly side of the old Homestead Road to a found on rock marked "XXI"; -4- 52. 310° 58' 00" 327.75 feet to the point of beginning and containing an area of 425.69 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) The effective date of the rezoning shall be when: (1) The applicant provides assurances satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has been established within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; (2) An agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source and its water transmission and distribution system within one year for the official date of compliance with Condition B(1); provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification; -5- (C) Plans for the proposed subdivision shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of rezoning determined in Condition B. As represented and agreed to by the applicant, the proposed residential-agricultural subdivision shall not exceed a maximum limit of 106 one to five-acre sized lots. Prior to the issuance of Final Subdivision approval of any portion of the subject property, except for consolidation and resubdivision of existing parcels, the applicant shall submit to the Planning Director to initiate a change of zone application to reclassify all lands comprising the '27-hole golf course, the community park and related recreational facilities into an Open-zoned District classification, and the director shall initiate such rezoning upon the issuance of final subdivision approval; (D) It shall be demonstrated to the satisfaction of the Planning Director that agricultural activity is being conducted on the subdivided lots within three years from the date of Final Subdivision Approval. For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, and fruits that are propagated for economic or personal use. An agricultural activity will be considered satisfactory: (1) If such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; (2) If it provides a source of income to the person(s) who reside on the property or; -6- (3) If the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and a copy of the recorded deeds shall be filed with the Planning Department within one year from the date of Final Subdivision Approval; Each approved lot must comply with at least one of the above requirements to satisfy the conditions of approval of this ordinance; (E) As agreed to by the applicant, restrictive covenants in the deeds of all the proposed residential-agricultural lots shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval; (F) A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable; (G) A comprehensive drainage study of the subject property shall be prepared for the review and approval of the Department of Public Works, in conjunction with the submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval of the subject property; .7- (H) A final archaeological inventory survey and mitigation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division, prior to submittal of plans for subdivision review. The Plan shall consist of two subplans; (1) An archaeological data recovery plan for the sites to undergo data recovery; (2) A detailed preservation/interpretation plan for the sites to undergo preservation. The preservation/interpretation plan shall include buffer zones, signage, interim protection measures, and long-range preservation concerns. The Plan shall also detail measures to provide unrestricted assess to all individuals wishing to visit any burial sites which may be located within the project site. Proposed mitigation treatment (preservation in place or disinternment/reinternment) for burial sites must be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. The Planning Department and the State of Hawaii's Historic Preservation Division shall verify in writing the successful execution of the plan, prior to land altering activities in the area of historic sites; (I) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken; -g- (J) Access(es) to the project site shall be constructed in a manner meeting with the approval of the Departments of Transportation-Highways Division and/or Public Works, whichever is applicable. The proposed main project access roadway intersection with the Mamalahoa Highway shall be channelized with left turn storage lanes and acceleration and deceleration lanes with appropriate street lighting which shall be completed prior to Final Subdivision Approval for any portion of the Agricultural-zoned area within the project site. Guardrails shall be installed along the project site's Mamalahoa Highway frontage for all lots requiring protection from highway traffic; (K) In lieu of the actual construction of infrastructural improvements as required under Conditions F, G and J, the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; (L) The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to park, fire, police, solid waste disposal facilities, sewer and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the residential-agricultural lot counts are adjusted. The fair share contribution for each residential - agricultural lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities, or any combination thereof shall have a maximum combined value of $728,984.26. The fair share contributions described above -9- shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police, solid waste disposal facilities, sewers and roads with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of the subject property shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions; (M) To ensure the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall: (1) Subdivide and convey in fee, approximately [4.4+110 acres of land within the project site, to the Pu'uanahulu Community Association or its designee for development as a community park wi hin six (6) months from the effective date of this amendment The applicant shall be responsible for payment of the park's real 12=e 7y faxes and liability insurance for a two year period after its conveyance to the Pu'uanahulu CommuniV Association ; (2) as represented by and committed td by the applicant the community pm.L a community recreational center and volunteer fire station shall be [constructed within the community park site] completed by December 1. 2000; and (3) the applicant shall provide metered potable water service equal to three (3) units of water, as units are defined by the County Department of Water Supply for use at the community park. Upon the County's -10- request, the applicant shall also provide a minimum of one (1) unit of water to its property line to accommodate a public rest stop. All necessary approvals to allow the construction of the proposed facilities within the project site shall be applied for and secured by the applicant with the completion of its construction [prior to the opening of the golf course] by December 1 2004; (N) The applicant shall install pedestrian walkways and bike lanes within the proposed subdivision development as a means of addressing pedestrian and bicyclist safety. The location of these walkways and bike lanes, which shall be determined by the Planning Director in consultation with Na Ala Hele, shall be indicated on plans submitted for subdivision review; (O) A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the subject property. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works; (P) The applicant shall establish and maintain a landscaping program around the new electric substation located near the northeast boundary of the subject properties; (Q) The applicant, successors or its assigns shall recite in the deeds of all the proposed agricultural lots within the proposed agricultural lots within the project site, to be recorded with the Bureau of Conveyances, that all prospective lot -11- owners shall be responsible for paying any additional real property taxes owed as a result of withdrawing the property from dedicated agricultural use to residential use and shall inform the Director of Finance in writing of any such changes; (R) The applicant shall comply with the provisions set forth by the State Department of Land and Natural Resources for the acquisition of paper homestead roads relating to the public easement route; (S) Comply with all applicable laws, rules, regulations and requirements of the affected agencies; (T) Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. (U) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition 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; (V) An initial extension of time for the performance of conditions within the ordinance, with the exception of Condition B, may be granted by the Planning Director upon the following circumstances: -12- (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code; (3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); (5) Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. (W Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shall] ny initiate rezoning of the area to its original or more appropriate designation.'" SECTION 2. Material to be deleted is bracketed and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -13- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: May 25, 1999 Date of 1st Reading: May 25, 1999 Date of 2nd Reading: June 8, 1999 Effective Date: June 23, 1999 REFERENCE. Comm. 248.001 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -14- FOR IU'FFUICE ONLY ~I 1 j = tU 0 / C. I.JTVPLANNt~*J ~A. - a.. /A57FICJL.: ,jMAL (A-1a~ •L •.r~ MO N/~//r i y _ O (U) Y (u) 112°- AMENDMENT TO THE ZONING CODE ANISNOING' SMGT10N ~5-SC (NOFrrH AND SOUTH KONA DISTRICTS ZONl= MAP) AR7-1CLi= -a, C?IAPTc7R =5 (ZONING, COi7E) O1° THE HAWAII COUNT-' CODE; D7 C:1AI`lGING THE DISTRIC'T' CLASSiPtGAT10N FsROM UNPLANNED ~U) T'C' AGRfCL2LTVlQAL [A~ia) AT PUUANAHULU 1-tOMESTEADS, NORTH KONA, HAWAII. ' PROPARGa 1'3'Y' * P~-ANNING DE.°Af~riYt !-'N ~ ~ courvT7' or HAWAII TM IS = 7-(-05 = 9. IO.;_.~G. Z8 -34. 39-41. $H f. S' Pg.~.. 4, t7°,4 EXHIBIT „Q11 (9T Olaf! pp VGLOPM L-MT Co eR` r`FFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii (DRAFT 2) -r r ROLL CALL VOTE BIOTA 3AI E6 EX Introduced By: Bobby Jean Leithead-Todd Arakaki x ,ii Date Introduced: May 25 1999 Chung First Reading: May 25 1999 Elarionoff X Published: N/A Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong x 8 1 0 0 Second Reading: June 8. 1999 ROLL CALL VOTE To Mayor: June 14, 1999 AYES NOES ABS EX Returned: June 23, 1999 Arakaki X Effective: June 23, 1999 Chung X Published: July 6 1999 Elarionoff X Jacobson X REMARKS: Leithead-Todd x Pisicchio X Smith X Tyler X Yagong x 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted'by the County Council published as indicated above. APPROVED AS TO F;7 AND LE.GA I DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII / COUNCIL CHAIRMAN Date (,7L/ (f AI / / WNTYCLERK ApprovecA9r r e+ 'this 23 day of . I9 Bill No.: 57 (Draft 2) JTO CO Y OF HA [vAll Reference: C-298/PC-27 99 -I Ord. No.: I 100 Pauahi Street. Suite 212 • Hilo, Hawaii 96720 • Piannina • vary Telephon- 308) 969-1522 • Fax: (808) 969-7996 • Subams~ I P-; • Envirorvnenral = April 27, 2000 - Ms. Virginia Goldstein. Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Request for Time Extensions - UP 74 and Ord. 99-79 Big Island Countrv Club & Estates The referenced Use Permit and Ordinance required Big Island Country Club and Estates to convey a 10-acre park site to the Pu'uanahulu Community Association by December 23, 1999. As this could not be done, a 4-month time extension was approved by the Planning Commission and your office, respectively to April 23. 2000. Please note that the warranty deed for the park site has been sent to the Association April 20. 2000. This condition, we believe, has thus been satisfied. At the same time, said permits also required the completion of the community park by July 31. 2000 and the volunteer fire station by December 1, 2000. Regrettably, this timetable cannot be achieved. Relative to the community nark, these are the major activities to date: 1. The architect has completed a layout of the park and community center, and said center has been reviewed and accepted by the Association. A copy of the approved preliminary floor plan and site plan is enclosed. 2. The architect is now working on the construction plans of the project. and the required electrical, mechanical. and plumbing plans are being finalized. A soils engineer will also shortly be retained to provide the needed technical analysis of the ground upon which the improvements will be made. 3. A civil engineer also has been retained to work on the drainage, access. and related infrastructural work for the park, center. and volunteer fire station. There has been some delay on this aspect of the project, as an updated topographic survey of the site is still needed. It is hoped that this survey will be done within the nest month. EXHIBIT Ms. Virginia Goldstein April 27, 2000 Page 2 Based on the above, it is anticipated that plans will be ready for permit processing in the next 2 months, and construction could begin during the summer. Under that schedule. the estimated completion date for the recreation center would be closer to December. On the matter of the volunteer fire station, please note the following: 1. Its general floor plan and site plan have been prepared and generally accepted by the Association. 2. The Association still has to coordinate its efforts with the County Fire Department relative to training and other requirements to establish a volunteer station. This will take time. As such, it may not be prudent to rush its completion of this facility at this stage. Although the site pad and access are proposed to be done in conjunction with the recreation center, the applicant is requesting that this requirement also be deterred. Specifically, then, the applicant is requesting: a. Condition 4(b) of Use Permit No. 74 be amended by the Planning Commission by requiring the community park and recreation center to be completed by December 31. 2000 and the volunteer fire station by July 1. 2001. This would result in a 6-month extension; and b. Condition (M) and (M)(2) - if it cannot be administratively considered pursuant to Condition (V) - be amended to grant a time extension so that the completion dates for the aforementioned facilities are similar (i.e., December 31,2000 for the community park and recreation center and July 1. 2001 for the volunteer fire station). Please also find enclosed a list of surrounding property owners within five hundred feet of the project site; filing tees of $250 for the Use Permit and $250 for the zoning extension; and the real property tax clearance form. Ms. Virginia Goldstein April 27, 2000 Page 3 Thank you very much for your attention on this matter. Should you have questions on this matter, please feel free to contact me. Thank you very much. Sing L Y M. FUKE Enclosures cc Ms. Noriko Saiga w/o encl. Ms. Ku'ulei Keakealani, President Pu' uanahulu Communitv Association / r- ` ~ o I . ~ stir ~ ' \ 11 'L-'T \ ~ ~ •I 1 ~ \ ~ ,rJ I , y ~ - r ~ ~i ~ ~ ~ I I I' / j 1 ~ I ~ j f / I ' ~ ~'Y_ olas, ~ 1 I x~w~s' I ~ o£ E ~ >i~~~ i Y / ~ - ~ ~~Y ~ C ?OOO g:~ a 2 e~ a a a ~y ~ 4 p UC o~ J ~g~ KSt ~ s 4a ro (OQ V a i' a ~ gig ~J ~ t p a (r~ a ~ ~ t (m Q Q > w° J of ~ a o~ W • L LL~ re a ~ ?u?9 un iuuuuu qa°,.r e n.¦¦o "3 ~r , s $6 iw00 w¦? in cl ]00000 g_~ f o-.e WON I N 0 W I ~ S lLl . ~a ZC Xw ° 0A 9 g k W IC Z V V Cf iC 4 2M 0 A N O OJ ~LL iF Q a 0 r~r.n Y e a~ I 47 m Al~ ~ I Q B~$FY~ 3~ 0 a 6 ~ ~ I I I ~ I n lip d'- s 13 D J (aJ (Qj o a §e@ ~p~$i p~ tt, y u. a k a ~SSi ~ 11 [ pp r " a : >i4 sgtl: 5 ONNO A•.W 4 J \ x LI F Ir Q W o ° II ; W 4 r 1- $ el = > L 0 w tY L I.L. S t~ I- ~ o Ll IdneyFuke, Planning Consultant AmJr J,r =7 S 100 Pauahi Street Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permit: ~~QJ tI ~IV • Environmental 8eports June 30, 2000 30 OPI 8 5F7 PLANNING DEPAR "VIE COUNTY OF HA' i NT WAII Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Time Extension Requests - Big Island Country Club & Estates Thank you for your and your staff s time yesterday to review the subject matter with me. This letter is to confirm our discussion as well as to request your and the Commission's consideration for additional time to complete the construction of the community center and park. The plans for the community center have been completed. We will be submitting them for Plan Approval review and building permit processing next week. The construction plans for the access have been completed and are now under review by the State Department of Transportation. The grading plan for the community park should be completed within the next two weeks. Relative to the on-site infrastructural plans (i.e. water, sewer, and electricity), they should he finalized within the next month. Thus, given that scenario, here is our realistic estimate of the processing and construction schedule from this date: a 2 months for the completion of plans and their approval by the State/County e 1 month for the construction bid process • 1 month for the mass grading e 3-4 months for the construction of the community center. Thus, from this date, we anticipate a 7-8 m onth period for completion of the community center and park. Accordingly, we would like your and the Commission's favorable consideration to the following requests on the applicable conditions of the various permits: a. Construction of the community center to begin no later than December 1, 2000 and completion no later than March 1, 2001; and b. Construction of the volunteer fire station to begin no later than March 1, 2001 and completion no later than * 1, 2001. Ms. Virginia Goldstein, Director June 30, 2000 Page 2 We would like to emphasize that the applicant has been making every reasonable effort - in spite of the years of sagging economic condition - to fulfill its obligation not only to the various conditions of approval but to the community. For example, the 10-acre park site has already been conveyed to the Puuanahulu Community Association. After receipt of input from the community, the construction plans for the community center have been completed and will be processed next week. We have also been working with the community to assist in their efforts to develop a educational and cultural center on State land in Puuanahulu. We trust that these activities - and more - are indicative of the applicant's efforts to fulfill its obligations to the community and the applicable conditions of approval. Should you have questions on this matter, please feel free to contact me. Thank you again for your time and courtesies. incerely, SI NEY -Ml' FL7KE Planning Consultant cc Ms. Noriko Saiga, BICCE via FAX Ms. Ku'ulei Keakealani, Puuanahulu Community Association 100 Pauah' Street, Suite 212 - Hilo, Hawaii 96720 - Plannng - va Telephor 08) 969-1522 - Fax: (808) 969-7996 -Subdivisim - - Em menta June 7, 2000 i Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Big Island Country Club & Estates - Time Extension Requests REZ 767, UP No. 74, and SPP 863, TMK: 7-1-05: Various Thank you for sending me a copy of the Real Property Tax Office regarding the subject matter. The applicant is aware of the possible roll back tax relative to lots that are less than 5 acres in size (which do not apply to the 10 acre park site). Further, the applicant acknowledges the delinquent taxes for the most recent billing cycle and will be taking appropriate corrective actions in the very near future. Should you have questions or additional agency comments on this matter, please feel free to contact me. SincexelY SIDNEY Planning Consultant cc Ms. Noriko Saiga, BICCE .XHIBIT j Sid eyFUke, Planning Consultant ,Rrw 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 - Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • SubdiViSiOO • Land Use Permits • Environmental Reports April 27, 2000 Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Kilo, HI 96720 Dear Ms. Goldstein: Subject: Request for Time Extensions - UP 74 and Ord. 99-79 Big Island Country Club & Estates The referenced Use Permit and Ordinance required Big Island Country Club and Estates to convey a 10-acre park site to the Pu'uanahulu Community Association by December 23, 1999. As this could not be done, a 4-month time extension was approved by the Planning Commission and your office, respectively to April 23, 2000. Please note that the warranty deed for the park site has been sent to the Association April 20, 2000. This condition, we believe, has thus been satisfied. At the same time, said permits also required the completion of the community park by July 31, 2000 and the volunteer fire station by December 1, 2000. Regrettably, this timetable cannot be achieved. Relative to the community park, these are the major activities to date: 1. The architect has completed a layout of the park and community center, and said center has been reviewed and accepted by the Association. A copy of the approved preliminary floor plan and site plan is enclosed. 2. The architect is now working on the construction plans of the project, and the required electrical, mechanical, and plumbing plans are being finalized. A soils engineer will also shortly be retained to provide the needed technical analysis of the ground upon which the improvements will be made. 3. A civil engineer also has been retained to work on the drainage, access, and related infrastructural work for the park, center, and volunteer fire station. There has been some delay on this aspect of the project, as an updated topographic survey of the site is still needed. It is hoped that this survey will be done within the next month. Ms. Virginia Goldstein April 27, 2000 Page 2 Based on the above, it is anticipated that plans will be ready for permit processing in the next 2 months, and construction could begin during the summer. Under that schedule, the estimated completion date for the recreation center would be closer to December. On the matter of the volunteer fire station, please note the following: 1. Its general floor plan and site plan have been prepared and generally accepted by the Association. 2. The Association still has to coordinate its efforts with the County Fire Department relative to training and other requirements to establish a volunteer station. This will take time. As such, it may not be prudent to rush its completion of this facility at this stage. Although the site pad and access are proposed to be done in conjunction with the recreation center, the applicant is requesting that this requirement also be deferred. Specifically, then, the applicant is requesting: a. Condition 4(b) of Use Permit No. 74 be amended by the Planning Commission by requiring the community park and recreation center to be completed by December 31, 2000 and the volunteer fire station by July 1. 2001. This would result in a 6-month extension; and b. Condition (M) and (M)(2) - if it cannot be administratively considered pursuant to Condition (V) - be amended to grant a time extension so that the completion dates for the aforementioned facilities are similar (i.e., December 31,2000 for the community park and recreation center and July 1, 2001 for the volunteer fire station). Please also find enclosed a list of surrounding property owners within five hundred feet of the project site; filing fees of $250 for the Use Permit and $250 for the zoning extension, and the real property tax clearance form. Ms. Virginia Goldstein April 27, 2000 Page 3 Thank you very much for your attention on this matter. Should you have questions on this matter, please feel free to contact me. Thank you very much. LS' cerely, II AA S :Y M. FUKE Enclosures cc Ms. Noriko Saiga w/o encl. Ms. Ku'ulei Keakealani, President Pu'uanahulu Community Association . ~ g r I a, f I ~I ~ i ~ ~ Piles 1 ~~tiiL3s Y r' a - ~ a 1s @ o q59 w ii -I a Ye~i I 9¢" 5 iiio S ...o 3 2 -i- - }g ~ 3 Y R8 :t W A C) fgg $ ~ a Q 6W ~R ~Y I i~ ~ F ~ ~ C mY u u ~~g u aQ) m~ d I ~ r rw 1 - 7 w ~z L u w Iz; ui~ r~r a Rµ' R `PIBp9t}}pq ~ it ~ ~ ~ ~ ~ <y (n Q N 'y~~ FBFbL ~ ~~i U I ~ '1fA1 io >t~Qi 3~Q Ind gGe d ?oooo? dYY ~m•_ ? &D z<, i~ ~ ~ = s °o°iiio;d Q gg ?ooop? Aga 'o~,„: 681 B II 3 a a J \ o Q ij! III - - r O o~„ - IY £yO ~0 ~QVn w 3y~~W .0-.OI 0iA Q- ]oooo? Oil Ye i SO 108 1.1110'r o 21 k ionooo(U~ 93 e n W. ca --~-,z ui N ~-r Z Ll ~o - i - LC - z c ~ a a ~5~ I IJ~\\w nn s~ p4-0~j (a) (m~ a; a ~~1$ d ~~~~s a ~w~~o e~ ~bd~OCOyy B ~i~~ uP~mp ~LLrv .I-.fl .Y.FI „f-.61 A _ - F1 Q X_ _Ji 2 d O O F ttkk77" ~ is w ( -I~ (I D1 3 L-I SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning - Variance - Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits • Environmental Reports 2000 JUL 5 PM 3 55 July 3, 2000 PLANNING DEPARTMENT COUNTY OF HAWAII Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Big Island Country Club & Estates - Time Extension Requests Please find enclosed for your information a receipt from the County Real Property Tax Division, dated July 3, 2000, noting that the real property taxes - plus penalty - for the subject properties have been cleared. The total amount due and paid was $89,616.70. Should you have further questions on this matter, please feel free to contact me. Thank you very much. Sincerely, SIDNEY M. FUKE Planning Consultant Enclosure cc Ms. Noriko Saiga w/o enclosure via FAX oj)6 X92 06/30/2000 17:22 8083250150 BICCE PAGE 02 REAL PRCi'ERfY TAX ,5l l,,N' 0f? FULANI STREET NKO, iii 9M, 3024 3 0.63"1[54 Rf aDEL?M1CiUE;rT G/%03!110 1,E60.OB fi' - rh:Lihl.~C-,•i 0 ,w,~ 6,4.10.4._ R" DEJUNIAU NT V/034/00- "1511.03 .,_7...I-01±5-022- 0090- 001 RF' - DELINDANT 07/03/00 3 , 31.Ck 3-7--1-005.0L6-0000-001 RP - DEt. Pi ENT 01103/00 5,43932 k'r' i;El_1N Eh T 0?f05/N, 47060.34 3-?-1-00. 024-fu10;-1101 RF' DELI` TENT 07/0,40 ;.elr"-1.-405-O'~J-OJta -Ol), RP DFUNA" "OT 07/03/00 3-7-t-r 031-001x0 001 "F' uELIi:~UcNT 0`~%0311'0 ',011.'5 R" - DF-'-.ir'0:!ENF 07!0.3!0^ 2,'Ii.86 3-7°1-005-033-11000-OOi RF DELINf~EN? U7f0;./00 5362.52 z r-1-(r)5-0v8-~'-001 R6 D_LINVADT 010POC ;.805.7y 3-5-i-Ot~S 141-Ou00-C~~d =P - icLI?IDT 017/03f(i0) 343.7) 3-7-i -095-058-0000-1111! 400.40 -0-000, 601 TOR H9.`m "0 Jul 6 '00 14:53 P.01 FAX COVER SHEET Pu'uenabulu comrnuNW A"awaNon MO OC 71-1581 Memelahoa Hwy 6 p KWIus-Kona. Hi 98740 P"I~N/A/p ,l O J (808)329-0028 or (808)885-9238 COUN Y OFp 11 SENT _ SEND 70 County of Hawsh Flom CANNING COMMON Cmwm*Amocmdon AMmtion Oafs 74W 6ftabcaban 1AM Fax number number 181-8744 f~7 (MMSM-MorMPAWOM ? opwo U ft*ASAP ? FNawae wmm M&IMM W&w ? FwpwMkrwaaaa Tdal pop", hdud og oom 3 COlM1EN7S _ . Subaliltpl.ofWANM_Testla y,byPuWnahulu_COmmarify!Mwdotlon,on BiphhndpquM .Gubond,,,.,,,..,...... Estatss.Re~uest fw-Time.FaRenefon an J!!1~!.7,.2000_bMon 1ha Plonninp Commhsbn, 9 d m,..l~_IN~una...... Bay Hotel e1M BurpMOwa, Ballrooms-la 11 sntl III • BS-1~OU Msuns Lmi. dNe~ Kohala Coast, t90uUt KoMI@ Mahelo_Nu. ~ ~ . _ xc yia hx,b Sidnhr_F - uka .........4q TAG 090),",*.I II, Jul 6 '00 14:54 P.02 Pu'uam thulu Community Association 71-1591 Mamalaboa Hwy Kailua-Kona, HI 96740 July 6, 2000 Chairman of the Hawaii Planning Commission COUNTY OF HAWAII 25 Aupuni St. Hilo, M 96720 Dear Mr. Chairman: Subject: Notice of time extension request - Condition 4b & 4d, Use Permit #74; Condition M and M(2), Ord. #99-79; Condition 3, Spec. Permit 863, Big Island Country Club Estates, TMK 7-1-5; 9 etal. The Puuanahulu Community Association (PCA) is supportive of a time extension request providing this is an absolute final time that BICCE submits to complete the construction of our community park, recreational center and fire station facilities. PCA will not support any fiwdw extensions. This process began January, 1990. It is July 6, 2000, we have just received title to the parcel of land. The community still does not have our community park, recreational center and fire station facilities! PCA considers it has been more than reasonable in supporting the developer during their financial difficulties. However, we am impatient and want to see those facilities promised to the community as mitigation for the development. Sincerely, -61> Kam" Ku'ulei eakealani President Puuanahulu Community Association Jul 6 '00 14:54 P.03 Puuanahulu Community Association 71-1581 Mamalahoa Hwy Kailua-Kona, HI 96745 BOARD OF DIRECTORS NAME; OFFICER: QUALIFICATIONS OF BOARD: Ku'ulei Keakealani President Keakealani Family Scott Hooper Vice-president Hooper Family Euvonne Hao Treasurer Han Member Debbie Kailiwai- Ray Secretary Five (5) Years Sally Rice Ten (10) Years Gordon Alapai Alapai Family Liwai Mitchell (sub-Sheree Mitchell) Mitchell Family Noriko Saip BICCE