HomeMy WebLinkAboutCOM 0221.000 2000-2002 ~tY Of
Harry Kim ~;c:~ ~W'.;• Dixie Kaetsu
Mayor Managing Director
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Peter T. Young
'~*s Of •bA'~ ~ Deputy Mlt~zbgir{g Director
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-821 ] • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
May 10, 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment (SLU 873, 874, 875 and 876)
Planning Director Initiated Action -Reclassify Lands from State Land
Use Urban to Agricultural District
Change of Zone Ordinance No. 94-63 (REZ 764)
Planning Director Initiated Action -Reclassify TMK: 4-8-6:43 and Portions of 9 & 11
from V-18, V-43, A-la, and RS-15 to A-40a
Applicant: Royal Coast Resorts Corporation & Silverlink Holdings, Ltd.
Tax Map Key: 4-8-f:13, 43 and Portions of 9, 11 and 44
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely,
~~-c~v~
Harry Kim
Mayor
L042001 MAY
Enclosures
cc: Planning Department
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Comm. No. _
File No. c=' ~ ~ ~
Ref. To:, C-
R~rf SAY 1 ~ 2001
Ha Kim ~Psa~~ ®F M,~.
'
Mayor
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 • Fax (808)961-8742
~~~Y 3. 31~x
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment (SLU 873, 874, 875 and 876)
Planning Director Initiated Action -Reclassify Lands from State Land
Use Urban to Agricultural District
Change of Zone Ordinance No. 94-63 (REZ 764)
Planning Director Initiated Action -Reclassify TMK: 4-8-6:43 and Portions of 9 & 11
from V-18, V-43, A-1 a, and RS-15 to A-40a
Applicant: Royal Coast Resorts Corporation & Silverlink Holdings, Ltd.
Tax Man Key• 4-8-6.13 43 and Portions gf x,11 and 44
The Planning Commission, after a duly held public hearing on Apri120, 2001, acted on the
above-referenced request for the subject parcels.
The Commission voted to recommend the approval of the Planning Director initiated requests to:
a) Reclassify lands from the State Land Use Urban to Agricultural District, covered
by Tax Map Key 4-8-6: Portion of 9 and 11;
b) Reclassify lands from State Land Use Urban to Agricultural District, covered by
Tax Map Key 4-8-6:Portions of l 1 and 43;
c) Reclassify lands from Single Family Residential (RS-15), Resort-Hotel (V-18 and
V-43), and Agricultural (A-la) to Agricultural (A-40a) covered by Tax Map Key
4-8-6:43 and portions of 9 and 11.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The properties are the site of the formerly proposed Amanresort development
located within Kukuihaele, makai of the Honokaa-Waipio Road (Highway 240)
and the old government road, Waikoekoe and Kanahonua, Hamakua, Hawaii
The Commission concurs with the following findings as recommended by the Planning Director:
State Lan~Use Boundary Amendment
In 1994, Royal Coast Resorts Corporation and Silverlink Holdings, Ltd. applied
for four State Land Use Boundary Amendments, a Change of Zone and a General Plan
Amendment in order to develop the Aman Resort. The General Plan Amendment was
withdrawn after the Planning Director determined the area to be a Retreat Resort. The
proposed development would have involved approximately 98 acres of land in
Kukuihaele Town, including lands both makai and mauka of the Old Government Road.
The original proposal included the development of a 47-unit resort, 38 one-acre
agricultural lots and 10 units of employee housing and related improvements. The
existing Manager's House was proposed as a Bed and Breakfast operation. State Land
Use Boundary Ordinance Nos. 94-64, 94-65, 94-66 and 94-67 were approved by the
County Council, effective June 8, 1994, reclassifying the State Land Use Boundaries Map
from Agricultural to Urban for TMK: 4-8-6: Portions of 9, 11, 43, & 44. Change of Zone
Ordinance No. 94-63 was also approved by the County Council, effective June 8, 1994
reclassifying TMK: 4-8-6: 13, 43, and Portions of 9, 11 and 44 from RS-15 to V-43 and
from A-40a to RS-7.5, RS-15, V-18, V-43, & A-la. The applicant applied for an initial
administrative extension of time for Conditions D (water source) and T (deeding of lands
to Tiger Camp) and was granted an extension until June 7, 1997. However, subsequent to
that time no activity has taken place nor has the department received a request for an
additional time extension.
Subsequently, in September 2000, portions of the original lands to be used for the
Amanresort, more specifically, lands mauka of the Old Government Road are proposed to
be developed by a new landowner, Trees of Kukuihaele (Tom Heers). The new
development involves TMK: 4-8-6: 3, 13 and Portion of 44. The applicant requested a
change of zone from V-43 to V-25 to develop a retreat resort with 40 detached units or
hales over the approximately 32-acre site. Ordinance No. 01-22 was recently approved
by the County Council, effective March 6, 2001 for the new development.
Based on inactivity of the original Amanresort development and upon request by
the County Council, the Planning Director is initiating that TMK: 4-8-6: Portions 9, 11 &
43 be reclassified back to their original State Land Use Designation of Agricultural.
Concurrently, he is initiating action to reclassify the existing zoning designations of
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
RS-15, A-la , V-18, and V-43 back to A-40a. The zoning designations for
TMK: 4-5-6: 13 and Portion of 44 are proposed to remain designated as V-43 and RS-7.5
and State Land Use Urban in order to preserve the basis for the recent action by the
County Council to approve Ordinance No. 01-22. These parcels have subsequently been
rezoned to V-25.
Further, we have on file a letter dated February 4, 2001 from Mr. Eugene McCain
Jr., the original applicant, who has stated no intent to develop the subject parcels.
Based on the above findings, approval of the Planning Director's initiated action
to reclassify lands from the State Land Use Urban to the Agricultural District, covered by
TMK: 4-8-6: Portions of 9, 11 and 43 would be consistent with existing surrounding
lands and would be in the best interest of the general public at this time.
Chan a off' Zone
In 1994, Royal Coast Resorts Corporation and Silverlink Holdings, Ltd. applied
for four State Land Use Boundary Amendments, a Change of Zone and a General Plan
Amendment in order to develop the Amanresort. The General Plan Amendment was
withdrawn after the Planning Director determined the area to be a Retreat Resort. The
proposed development would have involved approximately 98 acres of land in
Kukuihaele Town, including lands both makai and mauka of the Old Government Road.
The original proposal included the development of a 47-unit resort, 38 one-acre
agricultural lots and 10 units of employee housing and related improvements. The
existing Manager's House was proposed as a Bed and Breakfast operation. Change of
Zone Ordinance No. 94-63 was approved by the County Council, effective June 8, 1994
reclassifying TMK: 4-8-6: 13, 43, and Portions of 9, 11 and 44 from RS-15 to V-43, and
from A-40a to RS-7.5, RS-15, V-18, V-43, and A-la. An initial administrative extension
of time applied for and was granted for Conditions D (water source) and T (deeding of
lands to Tiger Camp) until June 7, 1997. However, since that time no activity has taken
place nor has the department received a request for an additional time extension.
Subsequently, in September 2000, portions of the original lands to be used for the
Amanresort, more specifically, lands mauka of the Old Government Road are proposed to
be developed by a new landowner, Trees of Kukuihaele (Tom Heers}. The new
development involves TMK: 4-8-6: 3, 13 and Portion of 44. The applicant requested a
change of zone from V-43 to V-25 to develop a retreat resort with 40 detached units or
hales over the approximately 32-acre site. Ordinance No. O 1-22 was recently approved
with conditions by the County Council, effective March 6, 2001 for the new
development.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Based on inactivity of the original Amanresort development and upon request by
the County Council, the Planning Director is initiating that TMK: 4-8-6: 43, Portions 9 &
11 be reclassified back to their original zoning designations of Agricultural (A-40a).
Conditions of Ordinance No. 94-63 are recommended to be repealed since the
Amanresort will not be developed. The zoning designations for TMK: 4-8-6: 13 and
Portion of 44 are proposed to remain designated as V-43 and RS-7.5 in order to preserve
the basis for the recent action by the County Council to approve Ordinance No. 01-22.
These parcels have subsequently been rezoned to V-25 and Ordinance No. O l -22 includes
appropriate conditions and requirements that specifically affect this development.
Further, we have on file a letter dated February 4, 2001 from Mr. Eugene McCain
Jr., the original applicant, who has stated no intent to develop the subject parcels.
Based on the above findings, approval of the Planning Director's initiated action
to reclassify lands from Single Family Residential (RS-15), Resort-Hotel (V-18 and
V-43), and Agricultural (A-la) to Agricultural (A-40a) covered by TMK: 4-8-6:43 and
Portions of 9 & 11 would result in an appropriate land use pattern and would be in the
best interest of the general public.
For your favorable consideration, draft bills to amend the State Land Use Boundaries Map
(H-34) and Section 25-8-15 (Hamakua District Zone Map) are transmitted.
For your information, the applicant, Trees of Kukuihaele, LLC requested to amend Ordinance
No. 94-63 by deleting parcels identified as TMK: 4-8-06:13 and 44; amending
Conditions B -incremental development, I -delete reference to plantation manager's house, and
R(1)-delete reference to Plantation Inn, Residential-Resort; and deleting in its entirety Conditions
E -construction time requirements, H -submittal of plans for plantation manager's house,
P(1) -provide in perpetuity 11.5 acres for recreation, T -deed 4.1 acres to adjacent lot owners,
and V - grant a lifetime residence; and appropriate realphabetizing and renumbering of
conditions. The initial public hearing with the Commission was continued until appropriate
landowner signatures could be secured, which have been received by the Planning Department.
Rather than amend Ordinance No. 94-63, as the applicant has requested, the Planning Director
recommended denial of the request and that the parcels not included in the Trees of Kukuihaele
development be reclassified back to their original zoning designations of Agricultural (A-40a).
More specifically, the affected parcels include TMK: 4-8-6:43, Portions of 9 and 11. At the
hearing, the applicant requested to withdraw its request to amend Ordinance No. 94-63. The
Commission voted to accept the applicant's withdrawal of its request.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
We are enclosing copies of the staff backgrounds and public correspondence for your
information.
Sincerely,
'
.j d ~c...j
Geraldine M. Giffin, Chairman ~ ~
Planning Commission
Lroyalcoastpdini2pc
Enclosures
cc: Mr. Sidney Fuke
Department of Water Supply
Department of Public Works
Brian Minaai/DOT-Highways, Honolulu
State Land Use Commission
West Hawaii Office
Mr. Augusta H. Stange
Very Reverend Joseph A. Grimaldi
Ms. Mazgazet Griggs
Mr. Tom Heers
BPDinitRoyalcoast0 t .skg-4/9/01
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PLANNING DIRECTOR INITIATED ACTION
STATE LAND USE BOUNDARY AMENDMENT TO RECLASSIFY LANDS FROM
THE STATE LAND USE URBAN TO AGRICULTURAL DISTRICT
CHANGE OF ZONE TO RECLASSIFY LANDS FROM SINGLE FAMILY
RESIDENTIAL (RS-15), RESORT-HOTEL (V-18 &V-43) AND AGRICULTURAL (A-1 a)
TO AGRICULTURAL (A-40a)
FOR ROYAL COAST RESORTS CORP. & SILVERLINK HOLDINGS LTD
THE PLANNING DIRECTOR has initiated action of the following:
a) Reclassify lands from the State Land Use Urban to Agricultural District, covered by
Tax Map Key 4-8-6: Portion of 9;
b) Reclassify lands from State Land Use Urban to Agricultural District, covered by Tax
Map Key 4-8-6: Portions of 11 and 43;
c) Reclassify lands from Single Family Residential (RS-15), Resort-Hotel (V-18 and
V-43), and Agricultural (A-la) to Agricultural (A-40a) covered by TMK: 4-8-6:43
and portions of 9 & 11.
The properties are the site of the formerly proposed Amanresort development located
within Kukuihaele, makai of the Honokaa-Waipio Road (Highway 240) and the old government
road, Waikoekoe and Kanahonua, Hamakua, Hawaii.
GENERAL INFORMATION
1. Owners: The Roman Catholic Diocese of Honolulu is the owner of TMK: 4-8-6: 11 &
43. Mr. Augusta H. Stange and Ms. Margaret Griggs are the owners of TMK: 4-8-6: 9.
Mr. Tom Heers is the owner of TMK: 4-8-6: 13 and 44, which are the parcels affected by
the proposed development for the Trees of Kukuihaele. It should be noted that both
TMK: 4-8-6:13 and Portion of 44 were originally included in the Amanresort and rezoned
as V-43 in 1994.
BACKGROUND INFORMA~jQN
2. Change of Zone Ordinance No. 94-63 and State Land Use Boundary Ordinance
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~.,:r~~ ,r~~~ ~ .
Nos. 94-64 to 94-67: In 1994, Royal Coast Resorts Corporation & Silverlink Holdings
Ltd. (Royal Coast) applied for a Change of Zone to reclassify lands from RS-15 to V-43
and from A-40a to RS-7.5, RS-15, V-18, V-43, and A-la. They also applied for four
State Land Use Boundary Amendments from Agricultural to Urban District and a General
Plan Amendment in order to develop the Amanresort. The General Plan Amendment
request was withdrawn after the area was determined to be Retreat Resort by the Planning
Director under the floating zone concept. The subject properties involved were TMK:
4-8-6: 13, 43, and Portions of 9, 11 and 44. The change of zone and state land use
boundary amendment applications were approved by the County Council, effective
June 8, 1994. The approvals allowed Royal Coast to develop the Amanhideaway which
would have included the following development and related amenities on approximately
98 acres of land:
A. Develop a 36-unit retreat resort;
B. Convert the existing plantation manager's house into a 4-unit inn;
C. Establish seven one-acre residential-resort lots and up to 10 units of
employee housing units on the site; and
D. Create 38 one-acre agricultural lots.
The total number of resort units proposed were 47 units, with for a total density of 85
units on the subject properties. As conditioned by Ordinance No. 94-63, the applicant
was required to convey additional land located to the reaz of the adjoining RS-15 and
RS-7.5 zoned residential lots, including the owners within Tiger Camp. An initial
extension of time to comply with Conditions D (water source) and T (deeding of lands to
Tiger Camp) of Ordinance No. 94-63 were applied for and granted by letter dated
November 13, 1996, for 18 months until June 7, 1997. Subsequently, no request for an
additional time extension has been received. (See Exhibit A ~ Change of Zone
Ordinance No. 94-63 and State Land Use Boundary Ordinance Nos. 94-64 to 94-67
approved for subject properties)
3. Change of Zone Ordinance No. 01-22: The Trees of Kukuihaele, LLC (Tom Heers)
applied for a change of zone in September 2000 to reclassify TMK: 4-8-6: 3, 13 and
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Portion of 44 from RS-15 and V-43 to V-25 in order to develop 40 hales on
approximately 32 acres. Concurrently, they requested that reference to TMK: 4-8-6: 13
& 44, the parcels proposed for the Trees development and also referenced in Ordinance
No. 94-63, be deleted. This would relieve their parcels from being encumbered by the
ordinance that covered the Amanresort. That request to amend Change of Zone
Ordinance No. 94-63 was continued in order that landowner authorizations could be
secured to process their request.
4. The Trees proposal involves using portions of the lot where the Old Plantation Manager's
House is located (TMK: 4-8-6:13) which is approximately 14.427 acres. The Manager's
House itself, however, will be used as the applicant's residence. The rezoning also
includes TMK: 4-8-6: Portion of 44 which is an odd shaped parcel approximately 9.16
acres where a majority of the hales will be constructed. Additional lands behind the
existing Tiger Camp, which total approximately 3.02 acres, were also included in order
that lands could be deeded to the affected lot owners. Both TMK: 4-8-6: 13 and Portion
of 44 were originally included in the Amanresort and rezoned as V-43 in 1994. Effective
March 6, 2001, the County Council approved Change of Zone Ordinance No. 01-22
reclassifying TMK: 4-8-6: 3, 13 & 44 from RS-15 and V-43 to V-25 for the Trees of
Kukukihaele development. (See Exhibit B -Change of Zone Ordinance No. 01-22
approved for the Trees of I{ukuihaele)
PLANNING DIRECTOR'~~NITATED ACTION
5. Request: The Planning Director is initiating action to a) reclassify TMK: 4-8-6: Portions
of 9, 11 and 43 back to their original State Land Use designations of Agricultural and b)
reclassify TMK: 4-8-6: 43 and Portions of 9 & 11 back to their original zoning
designation of A-40a due to inactivity and noncompliance with conditions of Ordinance
No. 94-63. The recommendation also proposes that conditions within Ordinance
No. 94-63 be repealed. The initiated action is also based on a written request submitted
by the County Council -Planning Committee. TMK: 4-8-6: 43, is presently zoned A-la,
RS-15 and V-43; TMK: 4-8-6: Portion of 9 is zoned V-18; and TMK: 4-8-6: Portion of
11 is zoned A- la. In essence the Planning Director's action is to downzone these lots to
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revert back to the original State Land Use Agricultural and County's A-40a zoning
designations. The two remaining parcels that were also rezoned in Change of Zone
Ordinance No. 94-63 and originally intended to be a part of the Amanresort are not
included in the Planning Director initiated action. It is proposed that the zoning
designation of V-43 for TMK: 4-8-6: 13 and the Urban designation along with the RS-7.5
and V-43 zoning for TMK: 4-8-6: Portion of 44 be maintained in order to preserve the
basis for Ordinance No. 01-22, recently approved by the County Council for the Trees of
Kukuihaele development. There would not be any conditions attached to the proposed
ordinances to reclassify the lands back to their original designations. (See Exhibit C -
Memo from County Council dated January 25, 2001)
6. Letter from Eugene McCain, Jr.: Further, although the above Ordinances were
approved in 1994 for the development of the Amanresort, there has been no recent
indication that the development is proceeding. Also, we have received a copy of a letter
dated February 4, 2001, signed by Mr. Eugene McCain, Jr. to Councilman Dominic
Yagong, that the applicant Royal Coast does not intend to pursue a resort development
and has no objections to the down zoning of the affected properties. (See Exhibit D -
Letter from Eugene McCain dated February 4, 2001)
7. ComuYUnity Considerations: There were two conditions originally included in
Ordinance No. 94-63 that have been preserved through the new Trees of Kukuihaele
Ordinance No. 01-22. One was a condition (P)(1) regarding dedication of the old social
hall site to the County of Hawaii upon request. Condition N was included in Ordinance
No. 01-22 to ensure that the old social hall will be made available to the community.
Also included in Change of Zone Ordinance No. 94-63 was Condition T, requiring the
applicant to convey adjacent land areas abutting parcels in Tiger Camp, lots adjacent to
the plantation manager's house and lots near the former grade school playground. The
Trees of Kukuihaele, in the purchase of TMK: 4-8-6: 44, has agreed to follow through
with the conveyance of additional land to each of the lot owners in Tiger Camp only.
This requirement was carried through in the new ordinance as Condition Q. The other
land areas will be reverting back to their original land designations and not be conveyed
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to adjacent lot owners.
8. Additional Information: The Planning Director has notified the landowners affected by
his initiated action as well as the surrounding property owners within 500 feet of
TMK: 4-5-6:13, 43, Portions of 9, 11 & 44. (See Exhibit E -Copy of second
notification letter with maps to surrounding property owners)
ST~,TE ,SAND COUN'T'Y PLANS
9. SLUG: Urban.
10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan
Land Use Pattern Allocation Guide (LUPAG) map designates the area as Low Density
Urban, however, the area was determined to be Retreat Resort by the Planning Director.
The General Plan document, itself, lists the Hamakua-Kohala Mountain Forest Reserve
area as a Retreat Resort area. As a result, the Planning Director, in 1994, determined the
subject area to be a floating zone for Retreat Resort, therefore, not requiring a General
Plan Amendment.
11. Retreat Resort Area: The General Plan document provides for a floating zone concept
for retreat resort areas, in order to take advantage of new concepts, trends, economic
influences, unique resources and other situations which may occur that would make a
retreat resort a viable option for an area. A Retreat Resort Area is identified in the
General Plan as "an azea which provides the user with rest, quiet, and isolation for an
environmental experience. It shall have sewer, water, roads, employee housing, and
recreational facilities, etc." The maximum hotel units allowable aze up to 100 rooms, as
determined by the zoning designation.
12. General Plan Consistency: Economic, Housing, Environmental Quality, Resort and
Land Use elements, goals and policies. The subject properties aze not listed in the
General Plan as sites or areas of scenic resources. However, the Waipio Valley and
Mauna Kea aze listed as scenic resources.
13. County Zoning: By Change of Zone Ordinance No. 94-63, effective June 8, 1994, the
properties to be reclassified are currently zoned as follows:
A. TMK: 4-8-6: Por. of 9 & 11 = V-18 (15 acres)
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B. TMK: 4-8-6: Por. of 11 = A-la (36.338 acres)
= RS-15 (36.478 square feet)
C. TMK: 4-8-6: Por. of 43 = V-43 (3.338 acres)
TMK: 4-8-6: Portion of 43 = A-la (15.43 acres)
= RS-15 (10,909 square feet or .25 acres)
14. By Change of Zone Ordinance No. 01-22 (Trees of Kukuihaele), effective March 6, 2001,
the properties not affected are zoned as follows:
A. TMK: 4-8-6: 3 = V-18 (approximately 7.529 acres)
B. TMK: 4-8-6: 13 = V-18 (approximately 14.427 acres)
C. TMK: 4-8-6: Portion of 44 = V-18 (approximately 9.16 acres)
= RS-7.5 (approximately 3.02 acres)
15. SMA: The property is not situated within the Special Management Area. The parcels are
located over one mile from the coastline.
16. Northwest Hawaii Community Development Plan: This plan was adopted as
Ordinance No. 445 in 1979 and did not include Zone Guide maps for the Kukuihaele
area.
17. Hamakua Regional Plan: Endorsed by the County Council on November 8, 1990. The
plan recommends the Kukuihaele-Waipio area for retreat resort (up to 100 units),
preserving the rural character and preserving the cultural and scenic integrity of the rim to
Waipio Valley.
DESCRIPTION OF SUB~TF.['T~~tOPERTV AND SUIZRniTNi~TNG A_itFA
18. Subject Properties: The subject properties involve TMK: 4-8-6: 43 ,Portions of 9 & 11
located in Kukuihaele, Hamakua and cover an area of approximately 55.36 acres. The
properties that will not be affected by the reclassification change lie between the Old
Government Road and the Honokaa-Waipio Road in the vicinity of the Old Plantation
Manager's House. The properties affected by the change lie adjacent to and west of the
Plantation Manager's House and makai of the Old Government Road. Although, the
lands along the Hamakua Coast were historically used for sugar cane cultivation, the
lands now remain fallow.
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19. U.S.D.A. Soil Type: The soils within the project area is Paauhau silty clay loams,
6%-12%. Run off is slow and erosion is slight. These soils were mostly used for
sugarcane.
20. Land Study bureau: The lands are rated "C" or fair.
21. ALISH: The property is Prime Agricultural lands; gulch areas are identified as Other
Important Lands. This designation referred more to the active cultivation of the lands at
the time the system was developed. The lands are no longer in active cane use.
22. FIRM: Zone X (area outside of the 500-year flood plain).
23. Surrounding Zoning/Land Uses: The village of Kukuihaele consists of about 60+
homes with a population of about 300. Single family residences are located to the south
of the properties, (Tiger Camp Plantation, Kona Camp and around the "Last Chance
Store"). Also in the vicinity is the old social hall, post office, the Roman Catholic
Church, Kukuihaele Park and. the Kukuihaele Cemetary. The subject properties are a
little over one mile from the Waipio Valley lookout and approximately 6.4 miles from
Honokaa Town.
PUBLIC FA~~.ITIES AND SERVICES
24. Access: The subject properties are accessed from the Old Government Road, which is
maintained by the county and is approximately 21 feet wide.
25. Water: Extensive on and off-site improvements would have been required to
accommodate the original Amanresort.
26. Sevdage Disposal: There are no existing municipal sewage systems in the area.
Cesspools are used as a means of disposal.
27. Protective Services: Police and fire protection is provided from the Honokaa town
stations approximately seven (7) miles from the development site.
,~NCIES'
COMMENTS
28. Police Department (March 29, 2001 Mem0):
"Staff has reviewed the above-referenced application for a change of zone and does not
foresee any adverse effect should it be granted. "
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29. Fire Department (March 30, 2001 Memo):
"We have no comments regarding the above-referenced State Land Use Boundary
Amendment and Change of Zone Ordinance."
30. Real Property Tax Office: (See Exhibit F -March 13, 2001 Memo)
31. State Land Use Commission: (See Exhibit G -March 21, 2001 Letter)
AGENCIES NQ RESPONSE
32. Department of Public 6Vorks, Department of d'Vater Supply, Civil Defense, Office of
housing and Community Development, Department of Health and State
Department of Transportation (Hilo and Honolulu).
~IIBLIC CQMMEIYTS
33. The Department has not received any written comments or objections from the general
public or adjacent landowners.
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.
COUNTY ~ , HAWAII ~TA~ Ht-~WAII
~ILI. NO. 2 3 9
(Draft
OIIDINANCE NO. 63
AN ORDINANCE AMENDING SECTION 25-96 (HAMAKUA DISTRICT ZONE MAP)
AND SECTION 25-98 (HAINA-HONOKAA-KUKUIHAELE ZONE MAP)
_ ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO RESORT-HOTEL (V-43) AND FROM
AGRICULTURAL (A-40a) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND
(RS-15), RESORT-HOTEL (V-18) AND (V-43) AN.D AGRYCULTURAL (A-la)
AT WAIKOEKOE AND KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP
KEY 4-8-06:13, 43 AND PORTIONS OF 9, 11 AND 44.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-96, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification.of properties described hereinafter as
f o 11 ows
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-18):
LOT 1:
Beginning at the Southeasterly corner of this parcel of
land along the Westerly side of L.C. Award 8559-B, Apana 2
to William C. Lunalilo, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU MAW NORTH" being 8,523.84 feet North and
1,440.08 feet East, thence running by azimuths measured
clockwise from True South:
1. 90° 30' 00" 1,167.96 feet along the remainder
of L.C. Award 11216,
Apana 50 to Kekauonohi to
the top of the pali;
f~~
2. Along the top of the Pali the direct azimuth and
distance being:
220° 03' 00" 259.91 feet;
3. Along the top of the Pali the direct azimuth and
distance being:
_ 217° 20' 00" 442.46 feet;
4. Along the top of the Pali the direct azimuth and
distance being:
231° 21' 00" 364.12 feet;
5. 279° 58' 00" 62.77 feet along the remainder
of L.C. Award 11216,
' Apana 50;
6. 269° 57' 00" 185.06 feet along the same;
7. 247° 03' 00" 191.95 feet along the same;
8. 236° 36' 00" 38.29 feet along the same to the
Westerly side of L.C.
. Award 8559-8, Apana 2;
9. 0° 30' 00" 873.63 feet along the Westerly
side of L. C. Acjard 8559-H,
Apana 2 to the point of
beginning and containing
an area of 15.000 acres.
(Refer to Lot 1 as shown
on Exhibit "A".)
The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 2a:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Lot A along the
Southerly side of the Old Government Main Road to Waipio,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,272.24 feet North and 1,929.16 feet East, thence
running by azimuths measured clockwise from True South:
2 e
1. 264° 40' 00" 121.66 feet along the Southerly sides
of the Old government Road t o
Waipio;
2. 278° 03' 00" 117.88 feet along the same to the
middle of the stream;
3. Along the middle of the stream in all its windings t4~xe
direct azimuth and distance
- being:
12° 11' 00" 400.00 feet;
4. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
1° 16' 00" 283.67 feet;
5. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
331° 25' 00" 179.78 feet
to the Northerly side of
Honokaa-Waipio Road;
6. 88° 34' 30" 66.45 feet along the Northerly
side of Honokaa-Waipio Road;
'7. 358° 34' 30" 20.00 feet along the Northerly
side of Honokaa-Waipio Road;
8. 88° 34' 30" 105.00 feet along the Northerly
side of Honokaa-Waipio Road;
9. 88° 34' 30" 45.00 feet along the Northerly
side of Honokaa-Waipio Road;
10. 88° 34' 30" 15.00 feet along the Northerly
side of Honokaa-Waipio Road;
11. 88° 34' 30" 45.00 feet along the Northerly
side of Honokaa-Waipio Road;
12. 88° 34' 30" 147.12 feet along the Northerly
side of Honokaa-Waipio Road
to the Easterly side of
L.C. Award 11219, Apana 50
to Kekauonohi;
-3-
13. 197° 30' 00" 230.76 feet along the Easterly
side of L.C. Award 11216,
Apana 50 and Lot A;
14. 193° 00' 00" 530.00 feet along the Easterly
side of Lot A;
15. 180° 30' 00" 131.70 feet along the same to the
point of beginning and
containing an area of
236,067 square feet.
(Refer to Lot 2a as shown
on Exhibit "A".)
The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 2b:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Parcel 2a along the
Southerly side of the Old Government Main Road to Waipio
in the middle of the stream, the coordinates of said point
of beginning referred to Government Survey Triangulation
Station "PW MAULl NORTH" being 7,267.04 feet North and
1,667.02 feet East, thence running by azimuths measured
clockwise from True South:
1. 278° 03' 00" 130.13 feet along the Southerly
side of the Old Government
Road to Waipio;
2. 292° 48' 00" 66.28 feet along the same to the
Westerly side of L.C.
Award 7877, Apana 2 to
Kaheenalu;
3. 5° 00' 00" 778.36 feet along the Westerly
side of L.C. Award 7877,
Apana 2 to Kaheenalu and
the remainder of L.C.
Award 8559-8, Apana 2 to
William C. Lunalilo to the
Northerly side of the
Honokaa-Waipio Road;
_q_
4. 88° 34' 30" 23.52 feet along the Northerly
side of Honokaa-Waipio
Road;
5. 358° 34' 30" 40.00 feet along the Northerly
side of Honokaa-Waipio
Road;
6. 88° 34' 30" 35.00 feet along the Northerly
- side of Honokaa-Waipio
Road;
7. 88° 34' 30" 35.00 feet along the Northerly
side of Honokaa-Waipio
Road;
8. 178° 34' 30" 30.00 feet along the Northerly
side of Honokaa-Waipio
Road;
9. 88° 34' 30" 33.55 feet along the Northerly
side of Honokaa-Waipio
Road to the middle of the
Stream;
10. Along the middle of the stream in all its windings the
direct azimuth and
distance being:
151° 25' 00" 179.76 feet;
11. Along the middle of the stream in all its windings the
direct azimuth and
distance being:
181° 16' 00" 283.67 feet;
12. Along the middle of the stream in all its windings the
direct azimuth and
distance being:
192° 11' 00" 400.00
feet to the point of
beginning and containing
an area of 162,883 square
feet. (Refer to Lot 2b as
shown on Ezhibit "A".j
-5-
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 4:
_ Beginning at the Southeasterly corner of this parcel of
land along the Northerly side of the Honokaa-Waipio Road
being along the Westerly side of Land Commission
Award 8559-8, Apana 2 to William C. Lunalilo, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 6,404.05 feet North and 1,239.40 feet Hast, thence
running by azimuths measured clockwise from firue South:
1. 88° 34' 30" 142.89 feet along the Northerly
side of Honokaa-Waipio
Road;
2. 178° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
3. 88° 34' 30" 450.00 feet along the Northerly
side of Honokaa-Waipio
Road;
4. 358° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
5. 88° 34' 30" 15.00 feet along the Northerly
side of Honokaa-Waipio
Road;
6. 88° 34' 30" 60.00 feet along the Northerly
side of Honokaa-Waipio
Road;
7. 88° 34' 30" 175.00 feet along the Northerly
side of Honokaa-Waipio
Road;
8. 178° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
_6_
9. 88° 34' 30" 32.82 feet along the Northerly
side of Honokaa-Waipio
Road;
10. 191° 23' 00" 211.57 feet along the remainder
of L.C. Award 11216,
Agana 50 to the Westerly
corner of Lot A;
I1. 274° 43' 30'• 875.84 feet along the Southerly
side of Lot A to its
Southeasterly corner along
the Westerly of L.C. Award
8559-8, Agana 2 to
William C: Lunalilo;
12. 17° 30' 00" 129.48 feet aloncj the Westerly
side of L.C. Award 8559-H,
Agana 2 to William C.
Lunalilo to the point of
beginning and containing
an area of 3.338 acres.
(Refer to Lot 4 as shown
on Exhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Agricultural (A-la):
LOT 5:
Beginning at the Southwesterly corner of this parcel of
land along the Northerly side of Honokaa-Waipio Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 6,359.76 feet North and 541.14 feet West, thence
running by azimuths measure clockwise from True South:
1. 182° 30' 00" 160.00 feet along the Easterly
side of the Honokaa-Waipio
Road;
2. 92° 30' 00" 13.61 feet along the Northerly
side of the Honokaa-Waipio
Road;
-7-
3. 187° 05' 00" 7,94 feet along the Easterly
side of Mud band to the
Westerly corner of
Executive Order 676;
4. 277° 05' 00" 268.06 feet along the Southerly
side of Ezecutive
Order 676;
5. 187° 05' 00" 325.00 feet along the Easterly
Side Of E$ecutive
Order 676;
6. 97° 05' 00" 268.06 feet along the Northerly
side of Executive
Order 676 to the Easterly
side of Mud Lane;
7. 189° 35' 00" 333.43 feet along the Easterly
side of Mud Lane to the
Southerly side of the Old
Government Road to Waipio;
8. 258° 51' 30" 547.80 feet along the Southerly
side of the Old Government
Main Road to Waipio to the
Northwesterly corner of
the West Hamakua Church
lot;
9. 3° 30' 00" 142.28 feet along the Westerly
side of the West Hamakua
Church lot;
10. 273° 30' 00" 210.73 feet along the Southerly
side of the West Hamakua
Church lot to the
Southwesterly corner of
Lot B;
11. 7° 05' 00" 50.05 feet along the remainder
of L.C. Award 11216,
Apana 50;
12. 279° 40' 00" 216.31 feet along the remainder
of L.C. Award 11216,
Apana 50 to the Westerly
side of Lot A;
-8-
13. 11° 23' 00" 665.18 feet along the Westerly
side of Lot A and
remainder of L.C.
Award 11216, Apana 50 to
the Northerly side of
Honokaa-Waipio Road;
14. 88° 34' 30" 167.18 feet along the Northerly
side of Honokaa-Waipio
Road;
15. 358° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
16. 88° 34' 30" 65.00 feet along the Northerly
side of Honokaa-Waipio
Road;
17. 88° 34' 30" 60.00 feet along the Northerly
side of Honokaa-Waipio
Road;
18. 88° 34' 30" 40.00 feet along the Northerly
side of Honokaa-Waipio
Road;
19. 88° 34' 30" 60.00 feet along the Northerly
side of Hon®kaa-Waipio
Road;
20. 88° 34' 30" 513.20 feet along the Northerly
side of Honokaa-Waipio
Road to the point of
beginning and containing
an area of 15.431 Acres.
(Refer to Lot 5 as shown
on Ezhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Agricultural (A-la):
LOT 6:
Beginning at the Southeasterly corner of this parcel of
land being the Southwesterly corner of Lot 1 of the
subdivision by Hawaii Housing Authority along the
-9-
Northerly side of the Old Government Main Road to Waipio,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,259.59 feet North and 250.94 feet West, thence
running by azimuths measured clockwise from True South:
1. 78° 51' 30" 217.70 feet along the Northerly
side of the Old Government
Road to Waipio to the
' Easterly side of L.C.
Award 9111 to N, Keau;
2. 191° 55' 00" 261.91 feet along the Easterly
side of L.C. Award 4111;
3. 101° 32' 30" 132.07 feet along the Northerly
side of L.C. Award 4111 to
the easterly side of
Grant 3354;
4. 175° 05' 00" 364.30 feet along the Easterly
side of Grant 3354 to the
Southerly corner of
Grant 932, Apana 2;
5. 193° 00' 00" 275.47 feet along the Easterly
side of the Grant 932,
Apana 2 to the tog of the
pali;
6. Along the top of the pali the direct azimuth and
distance being:
230° 25' 00" 283.80 feet;
7. Along the top of the pali the direct azimuth and
distance being:
254° 07' 00" 237.99 feet
to the Northerly corner of
Lot 1 along the Westerly
side of L.C. Award 7131 to
Kaai;
8. 354° 30' 28" 348.35 feet along the Westerly
side of Lot 1 along the
Westerly side of L.C.
Award 7131;
-10-
9. 270° 00' 00" 244.26 feet along the Southerly
side of Lot 1 along the
remainder of L.C.
Award 7131;
10. 175° 00' 00" 439.18 feet along the easterly
side of ,Lot 1 along the
remainder of L.C.
Award 7131 to the top of
- the Pali;
11. Along the top to the Pali the direct azimuth and
distance being:
238° 00' 30" 109.26 feet
to the Westerly corner of
Parcel 1; '
12. 270° 30' 00" 1,167.96 feet along the Southerly
side of Parcel 1 along the
remainder of L.C.
Award 11216, Agana 50 to
• the Westerly side of L.C.
Award 8559-N, Agana 2;
13. 0° 30' 00" 585.72 feet along the Westerly
side of L.C. Award 8559-N,
Agana 2 to the
Northeasterly corner of
the Catholic Church
Cemetery;
14. 85° 00' 00" 190.50 feet along the Northerly
side of the Catholic
Church Cemetery;
15. 4° 00' 00" 267.36 feet along the Westerly
side of the Catholic
Church Cemetery;
16. 90° 41' 00" 933.15 feet along the Northerly
side of the State Park and
Lot 5 and the remainder of
Land Commission
Award 11216, Agana 50;
17. 6° 59' 00" 109.84 feet along the remainder
of L.C. Award 11216,
Agana 50;
-11-
18. 95° 35' 00" 181.69 feet along the remainder
of L.C. Award 11216,
Agana 50;
19. 76° 19' 30" 392.46 feet along the remainder
of L.C. Award 11216,
Agana 50;
20. 352° 02• 00" 224.40 feet along the remainder
of L.C. Award 11216,
Agana 50 to the point of
beginning and containing
an area of 36.338 acres.
(Refer to Lot 6 as shown
on Exhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be Single
Family Residential (RS-15):
LOT 7:
Beginning at the Southwesterly corner of this parcel of
land being the Northwesterly corner of Lot 1 of the
subdivision by the Hawaii Housing Authority, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,432.06 feet North and 275.08 feet West, thence
running by azimuths measured clockwise from True. South:
1. 172° 02' 00" 50.25 feet along the remainder
of Land Commission
Award 11216, Agana 50;
2. 256° 19' 30" 392.46 feet along the same;
3. 275° 35' 00" 181.69 feet along the same;
4. 186° 59' 00" 109.84 feet along the same;
5. 270° 41' 00" 50.30 feet along the same to the
Northwesterly corner of
Lot 5;
6. 6° 59' 00" 164.15 feet along the Westerly
side of Lot 5 to the
.Northerly side of Lot 4;
-12-
_ _ ,
7. 95° 35' 00" 222.00 feet along the Northerly
side of hots 1, 2 and 4 to
the Northeasterly corner
of Lot 6;
8. 76° 19' 30" 388.97 feet along the Northerly
side of Lots 1 through 6
to the point of beginning
and containing an area of
36,478 square feet.
{Refer to Lot 7 as shown
on Exhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be Single
Family Residential (RS-15):
LOT 8:
Beginning at the Northwesterly corner of this parcel of
land being the Southwesterly corner of Lot B being also
the Southeasterly corner of the West Hamakua Church lot,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW N7AW NORTH"
being 7,130.36 feet North and 287.93 feet West, thence
running by azimuths measured clockwise from True South:
I. 279° 40' 00" 220.06 feet along the Southerly
side of Lot B to the
Westerly side of Lot A;
2. I1° 23' 00" 50.02 feet along the Westerly
side of Lot A;
3. 99° 40' 00" 216.31 feet along the remainder
of L.C. Award 11216,
Apana 50;
4. 187° 05' 00" 50.05 feet along the same to the
point of beginning and
containing an area of
10,909 square feet.
(Refer to Lot 8 as shown
on Exhibit "A".)
-13-
The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be Single
Family Residential (RS-7.5):
LOT 9:
_ Beginning at the Northerly corner of this parcel of land
along the Southerly side of the Old Government Road to
Waipio, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PW
MAUU NORTH" being 7,023.90 feet North and 2,330.88 feet
East, thence running by azimuths measured clockwise from
True South:
1. 292° 48' 00" 31.56 feet along the Southerly
side of the Old Government
Road to Waipio;
2. 293° 45' 00" 67.33 feet along the same to the
Northerly corner of
Lot ~6, Tiger Camp
Subdivision;
3. 23° 23' 00" 125.20 feet along the Westerly
side of Lot 16;
4. 293° 45' 00" 65.00 feet along the Southerly
side of Lot 16;
5. 296° 16' 00" 513.00 feet along the Southerly
side of Lots 8 through 16;
6. 293° 23' 00" 360.00 feet along the Southerly
side of Lots 2 through 7;
7. 23° 23' 00" 37.55 feet along the Westerly
side of Lot 1-A to the
Northerly side of
Honokaa-Waipio Road;
8. Along the Northerly side of Honokaa-Waipio Road on a
curve to the left with a
radius of 2,638.77 feet,
the cord azimuth and
distance being:
90° 07' 58" 143.47 feet;
-14-
9. 88° 34' 30" 156.13 feet along the Northerly
side of Honokaa-Waipio
Road;
10. 111° 46' 00" 224.38-feet along the remainder
of L.C. Aw. 8559-B,
Apana 2 to William C.
Lunalilo;
11. 122° 15' 00" 123.32 feet along the same;
12. 131° 38' 00" 266.Ob feet along the same;
13. 126° 18' 00" 66.68 feet along the same;
14. 172° 30' 00" 94.93 feet along the same;
15. 180° 30' 00" 129.00 feet along the same to the
point of beginning and
containing an area of
131,523 square feet.
(Refer to Lot 9 as shown
on Exhibit "A".~
SECTION 2. Section 25-98, Article 3, Chapter 25 (honing
Code) of the Hawaii County Cade, is amended to change the
district classification of property described hereinafter as
follows
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 3:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Lot B along the
Southerly side of the Old Government Main Road to Waipio,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAIJ[J NORTH"
being 7,256.65 feet North and 538.48 feet East, thence
running by azimuths measured clockwise from True South:
1. 269° 56' 00" 732.83 feet along the Southerly
side of the Old Government
Road to Waipio;
-15-
2. 264° 40' 00" 158.54 feet along the same to the
Westerly side of L.C.
Award 8559-8, Apana 2 to
William C. Lunalilo;
3. 0° 30' 00" 131.70 feet along the Westerly
side of L.C. Award 8559-8,
Apana 2 to William C.
Lunalilo;
4. 13° 00' 00" 530.00 feet along the same;
5. 17° 30' 00" 101.28 feet along the same;
6. 94° 43' 30" 875.84 feet along the remainder
of L.C. Award 11216,
Apana 50;
7. 191° 23' 00" 503.63 feet along the same to the
Southeasterly corner of
Lot B;
8. 191° 38' 00" 166.66 feet along the Easterly
_ side of Lot B to the point
of beginning and
containing an area of
14.427 acres. (Refer to
Lot 3 as shown on
Exhibit "A".)
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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) No more than thirty-eight (38) one-acre lots shall be
developed on the A-la zoned area and no more than
twenty-one (21) units shall be developed on the V-43 zoned
area;
(C) To ensure that the rural lifestye of the Kukuihaele
community is maintained, restrictive covenants in the deeds
of all the proposed agricultural lots within the project
-16-
area shall inform owners that possible odor, noise, and
other impacts may result from existing activities on
surrounding or nearby lands;
(D) On-site water system improvements, meeting with the
requirements of the Department of Water Supply shall be
installed prior to final subdivision approval. Off-site
water improvements shall be completed within eighteen (18)
months of the effective date of this ordinance. An
agreement shall be entered into between the applicant and
the County, through its Departments of Water Supply and
Planning within three months from the effective date of
this ordinance;
(E) The agricultural and residentia~I-resort lots subdivision,
the consolidation and resubdivision of the adjoining
residential lots, the resort and imp-rovements to the
Plantation Inn located within the V-43 zoned area, shall be
constructed within five years from the effective date of
this change of zone ordinance;
(F) The Amanhideaway located within the V-18 zoned area, sha 11
be constructed in such a way that it is not visible from
the Waipio Valley Heach and from the existing Waipio Valley
Lookout Parking Lot. Landscaping shall be provided for the
Amanhideaway, the Plantation Inn and the residential resort
units to maximize visual intrusion from any public road and
from adjacent properties;
(G) Safety improvements (i.e., signage, softening of the
curves, and pedestrian paths) to the existing Kukuihaele
Road (Old Highway 240) through the village shall be
constructed. Plans for the improvements shall be submitted
for the approval of the Department of Public Works.
Construction of the improvements shall be completed prior
-17-
to issuance of any certificate of occupancy or final
subdivision approval whichever comes first;
(H) Plans for the renovation of the plantation manager's house
shall be submitted to the Department of Land and Natural
Resources, Historic Preservation Division, for review and
approval in accordance with Section 6E-10, Hawaii Revised
Statutes, prior to commencement of any construction,
alteration or other improvement to the plantation manager's
house;
(I) A detailed historic sites mitigation plan for the treatment
of all significant historic sites in the project area,
except for the plantation manager's house shall be
submitted to the State Historic Preservation Division for
review and approval. The plan shall consist of two sub
plans:
(1) an archaeological data recovery plan (scope of work)
for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim
preservation measures, and long range preservation
concerns.
Verification of the approval of the plan by the State
Historic Preservation Division shall be submitted with the
plans for subdivision or grading permit. No land
alteration may occur within any area identified as
containing an archaeological site until the terms and
conditions of the preservation plan have been met;
-1&-
_
(J) Should any unidentified sites or remains such as artif acts,
shell, bone, or charcoal deposits, human burials, rock o r
coral alignments, pavings or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigative
measures have been taken;
(K) To ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant,
successors, or assigns shall:
(1) work with the Office of Housing and Community
Development to formulate a~housing plan for the
development, which shall be consistent with the
interim affordable housing policy of the County as
contained in the Hawaii County Housing Agency
Resolution~No. 65 or subsequently adopted policies.
If the Office of Housing and Community Development
determines that affordable housing units are required
for the development, any housing plan developed
pursuant to this condition shall be approved by the
County Housing Agency prior to the issuance of Final
Subdivision or Plan Approval of any portion of the
subject properties.
(2) The applicant, successors or assigns shall construct
ten (10) units of employee housing within the project
area as part of the housing plan for the development.
The employee housing shall be constructed within five
years from the effective date of this change of zone
ordinance;
-19-
(L) Restrictive covenants in the deeds of all the proposed
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
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;
(M) It shall be demonstrated to the satisfaction of the
Planning Director that agricultural use on the agricultural
zoned lots pursuant to the requirements of Chapter 205,
Hawaii Revised Statutes relating to agricultural lands has
been met and the deeds of each agricultural zoned lot
stating such requirements shall be duly recorded with the
State Bureau of Conveyances and a copy of the recorded
deeds sha21 be filed with the Planning Department within
one year from the date of Final Subdivision Approval.
Documentation or demonstration of compliance shall be
submitted to the Planning Department concurrently with the
plans for a building permit for each lot;
(N) A comprehensive drainage study shall be conducted to
determine the type of drainage improvements that would be
required given the topography of the area, the existing
drainage system, and the amount of water generated by all
portions of the proposed development. The study shall be
reviewed and approved by the Department of Public Works.
Drainage improvements shall be constructed meeting with the
requirements of the Department of Public Works prior to the
issuance of final subdivision approval of the subject
properties;
-20-
(O) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to final subdivision approval. The Plan shall include:, but
not be limited to, the management of construction soli d
waste as well as operating and domestic solid waste
generated by the subject properties, and provisions fo r t he
construction of a proposed solid waste transfer station to
be approved by the Department of Public Works. 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. In lieu of
providing a solid waste transfer station, the applicant may
contribute a monetary fee for its proportionate share of
its solid waste assessment;
(P) to ensure that'the Goals and Policies of the Recreation
Element of the General Plan are implemented, the applicant
shall:
(1) provide in perpetuity for approximately 11.5 acres of
land, TNII{: 4-8-06:3 and Portion 44, which includes the
social hall site, the field adjacent to it and lands
extending behind Tiger Camp which shall be dedicated
to the County of Hawaii upon its request. Until such
time that the land is dedicated to and accepted by the
County, there shall be adequate assurance, as
determined by the Planning Director and the
Corporation Counsel, by a recorded covenant running
with the land, to obligate the applicant to maintain
and accept all liability for the said lands in
perpetuity;
(2) construct improvements having the cash value of one
hundred seventy-five thousand dollars ($175,000) and
an additional cash value of two hundred thousand
-21-
dollars ($200,000) in lieu of affordable housing funds
as determined by the County Housing Agency prior to
Final Subdivision Approval, to be used for the social
hall facilities and park improvements in the
Kukuihaele area. Detailed recreation plans for the
improvements shall be developed in consultation with
the Department of Parks and Recreation and the
Kukuihaele community. The plan and an implementation
schedule for construction of the improvements shall be
submitted and approved by the Planning Department in
consultation with the Department of Parks and
Recreation prior to Final Subdivision Approval or
Final Plan Approval for any portion of the subject
properties;
(3) improve and maintain the existing county park on the
makai side of Kukuihaele Village prior to Final
Subdivision Approval or Final Plan Approval, whichever
occurs first. Improvements to the 3.97 acre county
park, TNIK: 4-8-06:10, may include fencing, lighting,
resurfacing of the existing basketball court, and
providing additional playground equipment. Detailed
recreation plans for the improvements and park
maintenance program shall be developed in consultation
with the Department of Parks and Recreation and with
the Kukuihaele community. The plan, an implementation
schedule for construction of the improvements, and the
maintenance program shall be submitted and approved by
the Planning Department in consultation with the
Department of Parks and Recreation prior to Final
Subdivision Approval;
(Q) A job training program for the operating phase of the hotel
shall be developed and submitted to the Planning Department
for review and approval within three (3) months of the
-22-
effective date of this change of zone ordinance.
Preference shall be given to the displaced workers f rom
Hamakua Sugar and the Kukuihaele area in the job training
program and employment opportunities;
(R) Prior to the issuance of the certificate of occupancy fo r
any portion of the subject properties, the applicant shall:
(1) construct a new primary access to the project site
(Plantation Inn, Residential-re-sort, Amanhideaway, and
the agricultural lot subdivision), from the State
Highway on the west side of Waikoekoe stream to
Kukuihaele Town Road meeting with the approval of the
Department of Public Works.
(2) construct improvements to the intersection of the
State Highway and the new primary access, meeting with
the approval of the Department of Transportation and
construct improvements to the intersection of the
Kukuihaele. Town Road and the new primary access,
meeting with the approval of the Department of Public
Works.
(3) improve portions of the Kukuihaele Town Road (old
Waipio-Honokaa Road) fronting the subject properties
and leading to the proposed development meeting with
the minimum standards and approval with the Department
of Public Works for two-way movement of traffic;
(4) improve portions of the Mud Lane Road between the
State Highway and the Kukuihaele Town Road, meeting
with the approval of the Department of Public Works;
and
-23-
(5) Pave the access of the Catholic Church cemetery from
the Kukuihaele Town Road to its existing right-of -way
width.
An internal traffic circulation plan shall be submitted for
review and approval by the Planning Director in
consultation with the Department of Public Works prior to
submitting plans for plan approval, subdivisions, or
grading. Such circulation plan shall include provisions
for access to the landlocked 2.1193 acre parcel (parcel 55)
abutting the project site and public access along the
portion of the Kukuihaele Landing access road within the
project site;
(S) Wastewater disposal facilities shall meet with the approval
of the State Department of Health;
(T) As represented by the applicant, a total of 4.1 acres of
land, with the consent of lot owners at Tiger Camp, lot
owners adjacent to the plantation manager's house, and lot
owners near the former grade school playground shall be
deeded to the respective lot owners within eightteen (18)
months from the effective date of this ordinance;
(U) As represented by the applicant, a total of approximately
1.15 acres of land shall be dedicated to the Hawaii County
cemeteries and the Catholic Church cemeteries delineated as
fifty (50) feet wide strips of land on two sides of each of
these cemeteries prior to final subdivision approval or
final plan approval, whichever occurs first; and
(V) As represented by the applicant, a lifetime residence shall
be granted to Mr. Lino Reynon who resides on the property
described as TMK: 4-8-06:44. Documentation shall be
submitted to the Planning Director prior to final
-24-
subdivision approval or final plan approval, whicheve r
occurs first;
(W) 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-agricultur a 1
lot counts are adjusted. In lieu of paying the fair share
contribution, the applicant may construct such f aciliti e s
related to park, fire, police, solid waste disposal
facilities, sewers and roads with the approval of the
appropriate agency(ies); '
(X) The applicant shall conform to the best extent practical®1 e
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;
(Y) Comply with all applicable laws, rules, regulations and
requirements, including those of the Department of Health,
Fire, and the Department of Water Supply;
(Z) 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;
(AA) An annual progress report shall be submitted to the
Planning Department prior to the anniversary date of the
approval of this change of zone. The report shall address
x25_
in detail the status of the development of each area
(including number of lots created, number of units
constructed) 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 Department acknowledges that further reports
are not required;
(BB) An extension of time for the. performance of conditions set
forth in this ordinance may be granted by the Planning
Director upon the following circumstances:
1) the non-performance is the result of conditions that
could not have been foreseen or are beyond the control
of the applicant, successo=s 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) if the applicant should require an additional
extension of time, the Planning Director shall submit
the applicant's request to the County Council for
appropriate action.
-2 6-
Further, should any of the conditions of the respective
development areas not be met or substantially complied with
in a timely fashion, the Director shall initiate rezoning
of the applicable area to its original or more app rop riat ~
designation.
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 approv a 1.
INTRODUCED BY:
COUNCYL MEMBE COUNTY F HAWAII
Hilo, Hawaii
Date of Introduction: May 18, 1994
Date of lst Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
ORPORATI ~ COUN L
DATED : G
_2~_
J~YY:Of h~L
O.' ~ ?
4,• 4
ROBIN J. YAHIKU - ~5'6iw=' CONSTANCE R. KIRIU
County Clerk r•' Deputy Caunfy Clerk
%i4r°,...w~P``• • BOBBY JEAN LEITHEAD-TODD
t os'a? Lcgisfatiuc Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii Counfy Building
25 Aupuni Street
Hilo, Hawaii 96720
NOTE
On Eill No. 239, Dr. 4, Ordinance No. 94-63 reference is
made to map attached hereto, marked Ezhibit 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.
Robin`. J. (Yahiku
COUNTY OLEI2K
1
i
OFFICE OF ~'HE COL'N'I'Y CLERK
County of Hawaii
x i l o ,Hawaii ; , . ~ , ~ .
'9~f JL'i ~ Fiji `r L1
(DRAFT 2pFF)!?~ ~ ~^1`"'T!' ==iCK
Rb~,i'cA%L voTE
Introduced By: Takashi Domincro
Date Introduced: M av 18 , 19 9 4 AYES N®ES ABS g,X
First Reading: M av 18 . 19 9 4 ARAx~?IQ
Published: N/A BONKABRAMSON X
CHILDS
DE LIMA X
DOMINGO
HALE X
RATfi X
ROSEHILL X
SCHU~I'E X
(DRAFT 4)
Second Reading: June 1 R 1994 ROLL CALL VOTE
To Mayor: June 6 , 19 9 4
Returned: June 8 , 19 4 AYES N®]ES ~S ~
Effective: June 8 , 19 9 ARAKAId X
Published: June 16 , 19 9 soNK.a?BRAMSON
CHILDS
DE LIMA
DOMINGO
HALE
BATH X
ROSEHILL
SCHUTPE X
2 1
I DO HEREBYCERTIFYthat the fore®oing BILL was adopted by the County Council and published as
indicated above.
APi'ROVE ns o
Foy ~ r~r
C;O:'F~J .~,ic,:;r: ~:.;`J~ySEI C NCIL
ccu~i•r o ,1~±wAn
Dofe U ~ 1994
C U LE
App ved/ roved this ~ day
~f 1 , 19
•
~ ;
R, CO F HAWAII Bill No.: 2 3 9 (Draft 4 )
Reference: C-
1~0
Z_5 PC- 115
Ord. No.:
COUI~IZ°Y O~ I-~AVV'AII~,,,.w~~*y~~~AT~ OF I~[A~V.AII
BILL 1,T0. 240
ORDINANCE NO. 9`~
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-34
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT' AT
KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-8-06:
PORTIONS OF 9 AND 11.
BE IT ORDAINED BY THE~COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-34 for
the County. of Hawaii, is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii; shall be Urban:
Lot 1:
Beginning at the Southeasterly corner of this parcel of
land along the Westerly side of L.C. Award 8559-B, Apana 2
to William C. Lunalilo, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU MAW NORTH", being 8,523.84 feet North and
1,440.08 feet East, thence running by azimuths measured
clockwise from True South:
1. 90° 30.' 00" 1,167.96 feet along the remainder of
L.C. Award 11216, Apana 50
to Kekauonohi to the top of
the pali;
2. Along the top of the pali the direct azimuth and _
distance being:
220° 03' 00" 259.91 feet;
3. Along the top of the pali the direct azimuth and
distance being:
217° 20' 00" 442.46 feet;
4. Along the top of the Pali the direct azimuth and
distance being:
231° 21' 00" 364.12 feet;
5. 279° 58' 00" 62.77 feet along the remainder of
L.C. Award 11216, Apana 50
to ICekauonohi to the top of
the Pali;
6. 269° 57' 00" 185.06 feet along the same;
7. 247° 03' 00" 191.95 feet along the same;
8. 236° 36' 00" 38.29 feet along the same to the
westerly side of L.C. Award
8559-E, Apana 2;
9. 0° 30' 00" 873.63 feet along the Westerly
side of L.C. Award 8559-~,
Apana 2 to the point of
beginning and containing an
area of 15.000 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
-2-
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
s •
COUNCIL MEMBER, COUN OF HAWAII
Hilo, Haraaii
Date of Introduction: May 18, 1994
Date of 1st Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
~ / /1
rl5stsrAr~ CORPORAI`ION CO r SEL
DATE: y-~2/-~1`~
-3-
,NtV•CF h,W
p~'~_' 7i
ROBII`T J. YAHIKU ~a'W~ CONSTANCE R. KIRIU
County Clerk Deyuly County Clcrk
. =:t..
BOBBY JEAN LEITHEAD-TODD
ECF NP lL81 c1RfiLC /tYditOr
OFFICE OF THE COLINTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
TE
On Bill 2Jo. 240 Ordinance No. 94_64 , reference is
made to map attached hereto, marked Ezhibit
Said Ezhibit 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.
obin J. Yahiku
~COUN ~LERFC
CLLgtK - - • . ` .
~ Cp"VNrty '
TI3~ av ;
. - - ~ ~ ':1
RQLL VQ'~ EX
A~ NQ~~
X
~ Damin ° ~~'~~oN
,~aka,sh 199` ~Ntc-AB
ucedBY~ Ma ~ 1894 ~yL~3 X
antra ~t~dnccd: M a Li~A
st R~~in~ N ~ ~ X
F~ ed.
~os~xlz~.
GMs: s~`r
aa~,L 'v°~ ~
~ ~o~
A
ndRes~'p~' ~nneg? ~9~~ ~ g X
mayor: ~ ~ ~1~ X
~b
~'ed: NTH
RQ5~It1L1+
tishe~ a5
C~,trti~ end
~1L~ w~ a~,typted ~ the
that f~.e~oi'n•9
I ~~By GE
,~,~dL~ated ~~~e. gMgN
~'RQ~~~ ~s Y C~UNGIL ~
P.p an ~,~G
F~~`
N~g~`
G~RpQ~,p,11 pf HAwp~l C
GG~}~1TY ~
pate ~ ay
the
vedi~ ,19
A~'~ 2 ~ P ~ _ x,1.1
~f ~ i3i11 No.: G 'p~6
CC • L
~ R~fexen
COUNT' O.F .HAWAII -STATE OF ~IA~VAII
EILT.~ NO. 24i
ORDINANCE NO. S~
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-34
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRICULTURAL TO THL URBAN DISTRICT AT
KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP
KEY 4-8-06:PORTION OF 11.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-34 for
the County of Hawaii, is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be Urban:
LOT 7:
Beginning at the Southwesterly corner of this parcel of
land being the Northwesterly corner of Lot 1 of the
subdivision by the Hawaii Housing Authority, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH",
being 7,432.06 feet North and 275.08 feet West, thence
running by azimuths measured clockwise from True South:
1. 172° 02' 00" 50.25 feet along the remainder of
Land Commission Award
11216, Apana 50;
2. 256° 19' 30" 392.46 feet along the same;
3. 275° 35' 00" 181.69 feet along the same;
4. 186° 59' 00" 109.84 feet along the same;
5. 270° 41' 00" 50.30 feet along the same to the
Northwesterly corner of
Lot 5;
6. 6° 59' 00" 164.15 feet along the Westerly
side of Lot 5 to the
Northerly side of Lot 4;
7. 95° 35' 00" 222.00 feet along the Northerly
side of Lots 1, 2 and 4 to
the Northeasterly corner of
Lot 6;
_ 8. 76° 19' 30" 388.97 feet along the Northerly
side of Lots 1 through 6 to
the point of beginning and
containing an area of
36,478 square feet.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. In the event that any portion of this
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 R, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 18, 1994
Date of 1st Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
~i ORPORATIO COUNSE
DATE : / 1 ~ ' y y
-2-
.
OFFICE OF THE COUNTY CLERK
County of Hawaii - -
Hilo. ,Hawaii _ ~ ti
ROI;I: CALL VO~~ ~ ~ ~
Introduced *d'y: Takashi Domingo
Date Introduced: May 18 , 19 9 4 AYES N®ES ARS
First Reading: May 18 , 19 9 4 ARAxAia ~ X
Published: N / A SONIC
ABRAMSON X
CHILDS X
DE LIA3A X
DOAdI1VG0
HALE X
BATH X
ROSEHILL X
SCHUTI'E
2 1 0
Second Reading: June 1. 19 9 4 ROLL CALL VOTE
To I~Isyor: June 6~, 199 4
Returned: June . 9 9 4 AYES N®ES ABS EX
Effective: d u n e 8. 19 9 4 A~A~
Published: sal f<f+~ 16 . 19 9 4 BONK
ABRAMS®N X
C'HYLDS
D1E LIMA
DOMYNGO
HALE
RATH X
ROSEHILL
SCHU°I`Y~ X
7 2 0 0
I DO HEREBY CERTIFY that the fore®oing BILL was adopted by the County Council and pubdislaed as
indicated above.
APF~G cD to
FO M es~ :II T Y
COU CIL CHAT
CORPO~ZAT~O:J C:~L'r~SEf.
COU' NTY O` HA~'~All
t~
l~
~ l. 1 v
Dote
OU C RK
Appr ve / ed this ~ .,day
of , 19
OR, CO OF HAWt1II Eill No.: 2 4 1
Reference: C- 102 7 / PC-112
Ord. No.: ~
JptY Oi N,~
G~• • ~ ~ ti
ROBIN J. YAHIKU CONSTANCE R. KIRILT
County Clerk : • Deputy County Clerk
°~;T w• BOBBY JEAN LETTHEAD-TODD
E °F•HO. Lcgislativr Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
NOTE
On Bill No. 241 Ordinance No. 94-65 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 viecaing in the
Office of the County Clerk.
If further information is needed, call 961-8255.
r t~ ~
i
t
-Robin .7. ;Yahiku
COUN QLEI2K
.
COLTNT~' O~ AWAII; . STATE Old I~i~.vVAII
]BILL NO. 242
- - - OI~DINANC~ NO.
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES NEAP, H-34
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT
KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP
KEY 4-8-06:PORTION OF 43.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-34 for
the County of Hawaii, is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area
situated at ICanahonua, Hamakua, Hawaii, shall be Urban:
LOT 8:
Beginning at the Northwesterly corner of this parcel of
land being the Southwesterly corner of Lot B being also
the Southeasterly corner of the West Hamakua Church lot,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU MAUU NORTH",
being 7,130.36 feet North and 287.93 feet West, thence
running by azimuths measured clockwise from True South:
1. 279° 40' 00" 220.06 feet along the Southerly
side of Lot B to the
Westerly side of Lot A;
2. 11° 23' 00" 50.02 feet along the Westerly
side of Lot A;
3, 99° 40' 00" 216.31 feet along the remainder of
L.C. Award 11216, Apana 50;
4. 187° 05' 00" 50.05 feet along the same to the
point of beginning and
containing an area of
10,909 square feet.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. In the event that any portion of this
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 EY:
COUNCIL N!E ER, C TY OF HAWAII
F3ilo, Hawaii
Date of Introduction: May 18, 1994
Date of lst Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: ~ June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
~
~CORPORATI~ COUN L
DATE: ~
-z-
. JMYY OF H4
+ 40 . i ~14
\LGik. ~
ROBIN J. YAHIKU ~ CONSTr'+tiCE R. KIRIL'
Gnunty Clerk ~
J ~r+7uty C+•unly C j~•rK
?.oT ue.% BOBBY JEAN LEITHEAD-TOD
.rosa~
Lcg+<!a!ire Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 9b720
NOfiE
On Bill No. 242 Ordinance No.94-66 reference is
made to snap attached hereto, marked Eshibit ".,~,P~" .
Baid Ezhibit is not part of the duplicate copies of this
ordinance, due to its sire, but is available for viewing in the
Office of the County Clerk.
If further information is needed, call 961-8255.
;3~obin J. Yahiku
~ CO ~LERK
OFFICE OF THE COUN'I'I' CLERK
County of Hawaii -
Hilo ,Hawaii • ~ ~ ~ ' ~
~J l U li : • I -
ROLL CALL VOTE
troduced By: Takashi Dominq~® AYES NOES ABS EX
ate In4roduced: M
ay 1$ . 19 9 4
•st Reading: MM ell 8 19 9 4 ARA1cAHI
blished: M/A BONKABRAMSON
CkiILDS
MARICSv DE LIMA X
DOMYNGO
HALE X
RATH X
ROSEHILL X
scHU°!'Y'E X
6 2
end Reading-. June 1, 19 9 4 ROLL CALL VOTE
iay®r: June 6 , 19 9 4
rased; June 8 , 19 9 4 AYIES NOES AIDS EAC
:five: June 8 , 19 9 4 wRAxAIa X
fished: J u i~ a 16 , 19 9 4 BONK-AEItAMSON X
CREEDS X
DE LIMA X
DOMINGO X
HALE
BATH X
ROSEHILL X
SCHUITE
7
' DO HEItEEY CERTIFY that the foregoing BILL was adopted by the County Council and published as
ited above.
C CIL C
:ORPORAT~JN CJL',.;:~L
COU1vTY O% HA~'JAIi i
s;1 ~ i
, r=
C U CLE
~d~13~I~77~ed this day
,~is1.L , 19
L~
CO OF HAWAII Bill No.: 2 4 2
Reference 1028 /PC-113
Ord. No.: ~fi
- -..-,a.
- f
COUN~'~ O.~ A.W~~I:;;:~K~~At~'~ O~ ~IA.W~II
s:
SILL I'`TO. .243
- ORDINANCE N®. 9~
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, 1LF-34
FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRYCULTURAL TO THE URBAN DIS~'RYCT AT
KANAYiONUA AND WAIKOEKOE, HAMAKUA, HAWAII, CO`7ERED BY T°AX MAP
KEYS~4-8-06:pORTION OF 43 AND PORTION OF 44.
BE IT ORDA%NED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-34 for
the County of Hawaii, is amended to change the district
classification of properties described hereinafter as follows:
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be Urban:
LOT 4:
Beginning at~the Southeasterly corner of this parcel of
land along the Northerly side of the Honokaa-Waipio Road
being along the Westerly side of Land Commission Award
8559-B, Apana 2 to William C. Luna,lilo, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "PW MAW NORTH", being
6,404.05 feet North and 1,239.40 feet East, thence running
by azimuths measured clockwise from True South:
1. 88° 34' 30" 142.89 feet along the Northerly
side of Honokaa-Waipio Road;
Z. 178° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio Road; _
3. 88° 34' 30" 450.00 feet along the Northerly
side of Honokaa-Waipio Road;
4. 358° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio Road;
5. 88° 34' 30" 15.00 feet along the Northerly
side of Honokaa-Waipio Road;
6. 88° 34' 30" 60.00 feet along the Northerly
side of Honokaa-Waipio Road;
`7. 88° 34' 30" 175.00 feet along the Northerly
side of Honokaa-Waipio Road;
8. 178° 34' 30" .10.00 feet along the Northerly
side of Honokaa-Waipio Road;
9. 88° 34' 30" 32.82 feet along the Northerly
side of Honokaa-Waipio Road;
10. 191° 23' 00" 211.57 feet along the remainder of
L.C. Award 11216, Apana 50
to the Westerly corner of
Lot A;
11. 274° 43' 30" 875.84 feet along the Southerly
side of Lot A to it's
Southeasterly corner along
. the Westerly of L.C. Award
8559-B, Apana 2 to
William C. Lunalilo;
12. 17° 30' '00" 129.48 feet along the Westerly
side of L.C. Award 8559-8,
Apana 2 to William C.
Lunalilo to the point of
beginning and containing an
area of 3.338 Acres.
The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be Urban:
LOT 2a:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Lot A along the
Southerly side of the Old Government Main Road to Waipio, _
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,272.24 feet North and 1,429.16 feet East, thence
running by azimuths measured clockwise from True South:
1. 264° 40' 00" 121.66 feet along the Southerly
side of the Old Government
Road to Waipio;
-2-
2. 278° 03' 00" 117.88 feet along the same to the
middle of the stream;
3. Along the middle of the stream in all its windings the
direct azimuth and distance
being
12° 11' 00" 400.00 feet;
4. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
1° 16' 00" 283.67 feet;
5. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
331° 25' 00" 179.78 feet
to the Northerly side of
Honokaa-Waipio Road;
6. 88° 34' 30" 66.45 feet along the Northerly
side of~Honokaa-Waipio Road;
7. 358° 34' 30" 20.00 feet along the Northerly
side of Honokaa-Waipio Road;
8. 88° 34' 30" 105.00 feet along the Northerly
side of Honokaa-Waipio Road;
9. 88° 34• 30" 45.00 feet along the Northerly
side of Honokaa-Waipio Road;
10. 88° 34' 30" 15.00 feet along the Northerly
side of Honokaa-Waipio Road;
11. 88° 34' 30" 45.00 feet along the Northerly
side of Honokaa-Waipio Road;
12. 88° 34' 30" 147.12 feet -along the Northerly _
side of Honokaa-Waipio Road
to the Easterly side of
L.C. Award 11219, Apana 50
to Kekauonohi;
13. 197° 30' 00'• 230.76 feet along the Easterly
side of L.C. Award 11216,
Apana 50 and Lot A;
-3-
14. 143° 00' 00" 530.00 feet along the Easterly
side of Lot A;
15. 180° 30' 00" 131.70 feet along the same to the
point of beginning and
containing an area of
236,067 square feet.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. In the event that any portion of this
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, COUNT OF° HAWAII
Hilo, Hawaii
Date of Introduction: May 18, 1994
Date of 1st Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
- ~
CORPORATI Z:OUNS -
DATE: ~~-~~-~'y
-9-
vFFICE OF THE COUN'T'Y CLERK
County of Hawaii ~ - -
H i 10 ,Hawaii i ~ _
- ce.,~r.a
Rozi-cAL~ voTE
IntroducedRy: Takashi Domingo
Date Introduced: May 18 , 1994 AYES NOES AHS EX
First Reading: May 18 , 19 9 4 ARAKAIQ
Published: ~ /A EONK
AHRAMSCiN
CHdLDS X
DE LIMA J{
DoMaxco
HALE x
xa~
xosEHrLL X
scHV~rr~
6 2
Second Reading: June 1_, 1994 ROLL CALL VOTE
1°01~I8gyor: ,~7u~ f 1 994 .
Retaarnet3: .T~in~ R_. 19~~, AYES N®ES AHS
Effective: i n s ,~j,~, 1 9 9 4 ARAKAKi X
Published: .T ~ i n A 1 1 9 ~ ~ BONK
ABRA14tSON
CI3ILDS X
REM1lRKSr DE LYMA
DOMTAYGA X
HALE X
RAT't3 X
ROSEHILL X
SCHLTI°i`E X
I DO HERESY CEItI'IFY that the fore®oirag SILL was adopted by the County Couracal and published as
indicated above.
~P:~P.DV to
FO~~ L`= ;1.ifTY
COUNCIL CHAT
CORPO;tATION COUNSEL
COUNTY OF tiA~VAlI
JUN 7 1994
Ccte OU CLE
Appro . isapproved this day
of , 19
1}' R, CO F 1-iAWAII 13111 No.: 2 4 3
Reference: C- 1029/PC- 114
Ord. No.: ~ ~
JMS'~'~~ h'!k.
_
ROBIN J. YAHIKU ~au~u,' CONSTANCE R. KIRTU
County Clrrk ~ • Drputy County Clr~k
•~r`~t 4: BOBBY JEAN LEITHEAD-TODD
4>E °i NPai Lcgiclalive Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
On Sill No. 243 Ordinance No. 94-67, reference is
made to map attached hereto, marked Exhibit
Said Ezhibit is not part of the duplicate copies of this
ordinance, due to its size, but is available for viewing in the
Office ®f the County Glerk.
If further information is needed, call 961-8255.
t
Robin J~yahiku
~COLTN C([,ERK
COUNTY O~ HAWS STATE OE I~AWAII
BILL NO. ~ ~
(Draft 4)
~ ~
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL
(RS-15) AND RESORT-HOTEL (V-43) TO RESORT-HOTEL (V-25) AT WAIKOEKOE AND
KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-8-6:3, 13, AND
PORTION OF 44.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-15, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Waikoekoe and
Kanahonua, Hamakua, Hawaii, shall be Resort-Hotel (V-25):
Parcel 1:
Beginning at a point at the northeast corner of this parcel of land being also the
northwest corner of R.P. 6703 and R.P. 6709, L.C. Aw. 7877 Ap. 2 to Kaheenalu and on
the southerly side of Government ILtain Road the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PUU MAUU NORTH" being
7,223.13 feet North and 1,856.97 feet East and Running by azimuths measured clockwise
from true South:
1. 5° 00' 778.36 feet along R.P. 6703 and R.P. 6709, L.C.
Aw. 7877 Ap. 2 to Kaheenalu and along
remainder of L.C. Aw. 8559-B Ap. 2 to
Wm. C. Lunalilo, (Certificate of Boundary
No. 33) to a point at the northerly side of
Honokaa-Waipio Road (Project No. 240
A-01-71);
2. 88° 34' 30" 23.52 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-01-71);
3. 358° 34' 30" 40.00 feet along a jog in the Honokaa-Waipio
Road (Project No. 240 A-01-71);
4.. 8$° 34' 30" 35.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-O1-71);
5. 88° 34' 30" 35.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-01-71);
6. 178° 34' 30" 30.00 feet along a jog in the Honokaa-Waipio
Road (Project No. 240 A-01-71);
7. 88° 34' 30" 100.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-O1-71);
8. 358° 34' 30" 20.00 feet along a jog in the Honokaa-Waipio
Road (Project No. 240 A-01-71);
9. ~ 88° 34` 30" 105.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-01-71);
10. 88° 34' 30" 45.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-O1-71);
11. 88° 34' 30" 15.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-01-71);
12. 88° 34' 30" 45.00 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-01-71);
13. 88° 34' 30" 147.12 feet along the northerly side of Honokaa-
Waipio Road (Project No. 240 A-01-71);
14. 197° 30' 129.49 feet along remainder of L.C. Aw. 11216
Ap. 50 to M. Kekauonohi (Certificate of
Boundaries No. 33);
15. 94° 43' 30" 875.84 feet along remainder of L.C. Aw. 11216
Ap. 50 to M. Kekauonohi (Certificate of
Boundaries No. 33);
-2-
16. 191° 23' 503.63 feet along remainder of L.C. Aw. 11216
Ap. 50 to M. Kekauonohi (Certificate of
Boundaries No. 33);
17. 191 ° 38' 166.66 feet along remainder of L.C. Aw. 11216
Ap. 50 to M. Kekauonohi (Certificate of
Boundaries No. 33) to a point at the
southerly side of Government Main Road;
18. 269° 56' 732.83 feet along the southerly side of Government
Main Road;
19. 264° 40' 280.20 feet along the southerly side of Government
Main Road;
20. 278° 03' 248.01 feet along the southerly side of Government
Main Road;
21. 292° 48' 66.28 feet along the southerly side of Government
Main Road to the point of beginning and
containing an area of 23.585 Acres.
Parcel 2
Beginning at a point at the northwest corner of this parcel of land being also the
northeast corner of Lot 2b and on the southerly side of Government Main Road the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU MAW NORTH" being 7,223.13 feet North and 1,856.97 feet East and
running by azimuths measured clockwise from true South:
1. 292° 48' 471.33 feet along the southerly side of Government
Main Road;
2. 356° 10' 587.61 feet along portion of L.C. Aw. 8559-B Ap. 2
to Wm. C. Lunalilo;
3. 91° 30' 540.00 feet along portion of L.C. Aw. 8559-8 Ap. 2
to Wm. C. Lunalilo;
4. 185° 00' 757.69 feet along portion of L.C. Aw. 8559-B Ap. 2
to Wm. C. Lunalilo to the point of beginning
and containing an area of 7.529 Acres.
-3-
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, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
(B) Water for the proposed development shall meet with the approval of the
Department of Water Supply. The required water system shall be implemented
prior to receipt of final subdivision approval or occupancy permit for the proposed
units.
(C) The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
(D) Final Subdivision and/or Plan Approval shall be secured within five (5) years
from the effective date of this change of zone. Plans shall delineate a 50-foot
wide future roadway between the Honokaa-Waipio Highway and the old
government road as well as a 10-foot wide strip for no-vehicular access planting
screen easement along the property's frontage bordering the Honokaa-Waipio
Highway, except at the approved access point(s). A 10-foot future road widening
setback along the properties fronting the old government road shall be shown on
all plans, meeting with the approval of the Department of Public Works. Said
area shall be dedicated to the County upon its request.
(E) Aside from routine maintenance purposes, any removal of the existing stand of
eucalyptus, jack fruit, and banyan trees shall be subject to the submittal and
acceptance of a detailed landscaping plan by the Planning Director.
-4-
(F) The access driveway(s) from the Honokaa-Waipio Road for the project site shall
be constructed in a manner meeting with the approval of the Department of
Transportation.
(G) No new access for the subject development shall be allowed from the old
government road.
(H) If required, a drainage study shall be conducted to determine the type of drainage
improvements that would be required given the topography of the area, the
existing drainage system, and the amount of water generated by all portions of the
proposed development. The study shall be reviewed and approved by the
Department of Public Works. Drainage improvements shall be constructed
meeting with the requirements of the Department of Public Works prior to the
issuance of final subdivision and/or plan approval of the subject properties;
(I) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for Final Subdivision
and/or Plan Approval.
(J) 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.
(K) An archaeological clearance letter for the subject properties shall be secured from
the Department of Land and Natural Resources -Historic Preservation Division
prior to the start of any land clearing activities.
(L) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
-5-
.
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the (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.
(M) Comply with all applicable laws, rules, regulations and requirements, including
those of the Department of Health, Department of Transportation, Fire and
Department of Water Supply.
(N) To ensure that the Goals and Policies of the Recreational Element of the General
Plan is implemented, the applicant shall work with the community to ensure that
the old social hall (TMK: 4-8-06: 3) is made available for community use at little
or no cost, subject to certain terms and/or restrictions relating to hours of use and
type of beverage. .
(O) To ensure that the Goals and Policies of the Housing Element and the Resort
requirements of the General Plan are implemented, the applicant shall formulate a
Housing Plan meeting with the requirements of Chapter 11, Article 1, Hawaii
County Code relating to Affordable Housing Policy. This Housing Plan shall also
address Employee Housing needs and shall be submitted to the Office of Housing
and Community Development and the Planning Department and be approved by
the County Housing Agency prior to Final Plan Approval.
(P) A job training program for operating the Trees of Kukuihaele Resort shall be
developed and submitted to the Department of Civil Service and the Planning
Department prior to securing Final Plan Approval for any portion of the
development.
-6-
(Q) As represented by the applicant and in Change of Zone Ordinance No. 94-63,
lands behind the Tiger Camp (TMK: 4-8-06: Portions of 44), shall be consolidated
and resubdivided and deeded to the respective lot owners within two (2) years
from the effective date of this ordinance. This requirement shall be credited
against Condition N.
(R) The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire, and
solid waste disposal facilities. The amount of the fair share contribution shall be
the sum which is the product of multiplying the number of units proposed by the
amounts allocated hereinbelow for each such unit and shall become due and
payable prior to the issuance of the building permit for any portion of the
proposed development. 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 be determined by the County Council. The fair
share contribution shall have a maximum combined value of $8,666.89 peg unit.
Based upon the applicant's representation of intent to develop up to forty (40)
units, the indicated total of fair share contribution is $346,675.60. However, the
total amount shall be increased or reduced in proportion with the actual number of
units according to the calculation and payment provisions set forth in this
Condition R. The fair share contribution shall be allocated as follows:
1. $2,113.70 per unit for an indicated total of $84,548.00 to the County to
support park and recreational improvements and facilities;
2. $95.73 per unit for an indicated total of $3,829.20 to the County to
support fire facilities;
3. $4b.80 per unit for an indicated total of $1,872.00 to the County to
support solid waste facilities; and
4. $6,410.66 per unit for an indicated total of $256,426.40 to the State or
County to support road and traffic improvements.
-7-
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
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, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the improvements required in Conditions D, and F shall be
credited against the sum specified in Condition R (4) for road and traffic
improvements. For purposes of administering Condition R, the fair market
value of land contributed or the cost of any improvements required or made in
lieu of the fair share contribution shall be subject to review and approval of the
director, upon consultation with the appropriate agencies.
Should any other permitted uses, other than resort, be developed on the subject
property, the fair share contribution shall be adjusted accordingly.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements.
(S) No more than forty (40) units shall be developed on the 32.14 acres of land.
(T) Plans for the renovation of the plantation manager's house shall be submitted to
the Department of Land and Natural Resources, Historic Preservation Division,
for review and approval in accordance with Section 6E-10, Hawaii Revised
Statutes, prior to commencement of any construction, alteration or other
-8-
improvement to the plantation manager's house.
(U) 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.
(V) An annual progress report shall be submitted to the Planning Department prior to
the anniversary date of the approval of this change of zone. The report shall
address in detail the status of the development (including number of units
constructed) 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 Department acknowledges that further reports are not
required.
(W) An initial extension of time for the performance of conditions within the
ordinance, may be granted by the Planning Director upon the following
circumstances:
(1) The non-performance is the result of conditions that could not have been
foreseen or are 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.
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-9-
.
(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.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
SECTION 3. The conditions contained in SECTION 3 of Ordinance No. 94-63 shall not
apply to properties covered by this ordinance.
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:
..G, ~,CC
CO ~ CIL MEMBER, COUNTY bF HAWAII
Hilo, Hawaii
Date of Introduction: February 5 , 2001
Date of 1st Reading: February 5 , 20 O 1
Date of 2nd Reading: February 22, 2001
Effective Date: March 6, 2001
iG t3f7!.
APPROVED AS TO FORM AND LEGALITY
CORPORA O OUNSEL
DATED: 27
- l 0-
n ~o.
o Q
goy
~ II
z
w
~ " \ ~
r- v ~ O`~ n-,O.
~ V-IB
A~~o.
-.B
A -'o. 7,223.13 N
A - la
~ 1,856.97 E
A-1. 1 A-~o.
~ "PUU MAUU NORTH" LD
n-I, 1
RS 15 1
A - COs L---
A - 10a _~~J A - 10•
5 I RS - 15
RS - 15 L~-'~
~p R5-15 R;-15~
_ ~
A - 1•
A-10• 5 5 I
Rs-15 A- ` A-~o.
RS - 15
A-COs , A-10s A-1~ / V-57 -~O\~~
HOHOKM - WNPIO o IFoo
RS 15 A - ~O•
A ~Oa A 10•
PARCEL 2
siNCLE FaMilr
RESIDENTiA! (RS-15)
TO RESORT (Y-25)
AREA = 7.529 ACRES
PARCEL 1
. RESORT (V-43)
TO RESORT (V-25)
~ '
A - , o. AREA = 23.585 ACRES
\ ~
j
AMENDING SECTION 25-8--15 (HAMAKUA DISTRICT ZONE MAP) ARTICLE 5, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, DY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE FAMILY RESIDENTIAL (RS-15) AND RESORT (V-43) TO RESORT (V--25) AT
KANAHONUA AND WAIKOEKOE, HAMAKUA, HAWAII.
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 4-8-6: 3, 13 & POR. 44 NOV. 14, 2000
~/e f"1~~~ l ee~n (TREES OF KUKUIHAE LE. LLCj
I'
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii
( DRAFT 4 )
ROLL CALL VOTE
AYES NQ.~S„ ABS EX
Introduced B~•: Bobby Jean Leithead-Todd (B/R) prakaki X: ~ .
Date Introduced: February 5, 2001 Chung X
First Reading: February 5, 2001 Elarionoff X
Published: February 14 & 20, 2001 Jacobson X
Leithead-Todd X
RE,1 L-1RI~.5`
Pisicchio X
Safarik X
Tyler X
Yagong X
I 7 ? 0 0
Second Reading: February 22, 2001 ROLL CALL VOTE
To Mayor: Feh ri ~ a r~ ~ ti ~ ~2n 1
AYES NOES ABS EX
Returned: _ March 7 . 2001 X
Effective: March 6, 2001 Chung X
Published: March 15. 2001 Elarionoff X
RLi1 L4Rh,S'• Jacobson X
Leithead-Todd X
Pisicchio X
Safarik X
Tyler X
Yagong X
6 2 1 0
I DCU HERI'BY (:ERTIFY that the. foregoing BILL was adopted by the Co~~nry ('~~1~ncil p~~hlished as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEP~~• PO ION COUNSEL
COUNTY OF HAWAII C'OC/ C'IL C'HAIRALA.N
Date O y~~ / ~ ~ ~
C7J'/NTI' C'LE'RIC'
.lpprni~e l•DL~•approi~ecllhis y day
- .
of ~ ~h":i~1'~ ~
,
J ~ Bill No.: 16 (Draft 4 )
11.19 ~yUR,.('UII,N7ti' (IF HAG~AII Reference: C-59/PC-7
Ord. No. he°''~
oJNtr^o~
N4~'
BOBBY JEAN LEITHEAD-TODD Phone: (808) 961-826;
Cou~iciln:ember FAX: (808) 969-329;
qTB OF •NPYI
~ P~1 1?- yQ
COUNTY COUNCIL ~T
County of Hawaii L~;i_,; , ~ j `vr ~
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
January 25, 2001
TO: Chris Yuen
Planning Director
l
FR: Bobby Jean Leithead-Todd
Planning Committee Chair
Re: Trees of Kukuihaele
TMK: 4-8-6:3, 13 and 44
As discussed at the January 23, 2001 Plaauung Committee meeting, could you please
initiate the downzoning for the remaining pazcels, named in Ordinance No. 94-63, which
are not affiliated with Trees of Kukuihaele.
Your eazliest attention to this matter will be greatly appreciated. A copy of the Planning
Committee Report is also attached for your information.
Please feel free to call me at extension 8267, or Barbaza FIashimoto at extension 8493 if
you have any questions.
Thank you.
Hllfi
REPORT O[~ THE
C'Oi~-Itif[TTF:E ON PL,~INNING
U,=1"I-E: .[anu~u-ti 23. 2001 RE: C-39/Bill No. 16
PLACE: Councilroom
T1~~[E: l 7 p.m.
Chair and :Members
Hawaii County Council
f-Iilo, 1-Iawai`i 96720
Your Committee on Planning, to which was referred Bill No. 16, transmitted by Mayor
Harry Kim per Communication No. 59, dated January 10, 2001, regarding the Change of Zone
request by Trees of Kukuihaele, LLC (Torn Heers), at Waikoekoe and Kanahonua, Hamakua,
Hawaii, TMK: 4-8-6:3, 13 and Portion of 44, reports as follows:
Bill No. 16 amends Section 25-8-15 (Hamakua District Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code, by changing the district classification for
approximately 31.114 acres of land from a Single Family Residential (RS-15) and Resort-hotel
(V-43) to a Resort-Hotel (V-25) zoned district.
The irregular-shaped subject property, owned in fee by Tom Heers dba Trees of Kukuihaele,
LLC, is located within the village of Kukuihaele between the Honokaa-Waipio Road (Highway
240) and the Old Government Road.
In 1994, Royal Coast Resorts Corporation & Silverlinks Holding Ltd. (Royal Coast) applied for a
Change of Zone from A-40a and RS-15 to V-43, V-1$, A-1 a and RS=7.5; a State Land Use
Boundary Amendment from Agricultural to Urban and a General Plan Amendment in order to
develop the Aman Resort (TMK: 4-8-6:13, 43 and Portions of 9, 11 and 44). The Planning
Director then determined that a General Plan amendment was not required as the proposed
development is within the Hamakua-Kohala Mountain Forest Reserve, which is identified as a
Retreat Resort Area in accordance with the Ha~~-ai`i County General Plan.
On June 8, 1994, the County Council approved the state land use boundary and change of zone
amendments, which permitted the development of the Amanhideaway (a 36-unit retreat resort,
the conversion of the existing plantation manager's house into afour-unit inn, and seven one-acre
residential-resort lots and up to 10 units of employee housing units on the site). The total number
of proposed resort units was 47 units with an additional 38-one acre agricultural lots, for a total
density of $5 units on the subject properties. As conditioned by Ordinance No. 94-63, the
applicant was required to convey 4.1 acres of land to the lot owners adjacent to the plantation
manager's house and near the former grade school playground in Tiger Camp. On November 13,
1996, an extension of time to comply with Conditions D and T was granted for eighteen months
until June 7, 1997.
Tom Heers acquired the subject three (3) parcels, two (13 and 44) of which were part of the
Royal Coast project, in order to develop a 40-unit resort development over a period of time.
Because parcels ] 3 and 44 were originally part of the Royal Coast development under Ordinance
No. 94-63, the applicant has also sought to amend said ordinance to delete any conditions which
PC-7
PC'-7 Page ? Jamiaiy 23, 2001
affect the subject T~IK: ~-8-6:3, 13 and 44, in order to remove itself completely from the
previous development. The proposed amendments to Ordinance No. 94-63, which is still being
processed by the Planning Department, are as follows:
1. Deleting parcels identified as TMK: 4-8-6:13 and 44;
2. Amending Condition B regarding incremental development;
3. Amending Condition I by deleting reference to the plantation manager's house;
4. Amending Condition R(1) by deleting reference to Plantation Inn, Residentia!-
Resort;
5. Deleting Condition E regarding construction time requirements;
6. Deleting Condition I-I regarding the submittal of plans for plantation manager's
house;
7. Deleting Condition P(1) which provided in perpetuity 11.5 acres for recreation;
8. Deleting Condition T which deeded 4.1 acres to adjacent lot owners;
9. Deleting Condition V which granted a lifetime residence; and
10. Renumbering remaining Conditions.
Should the proposed amendment to Ordinance No. 94-63 be approved, the remaining conditions
within the said ordinance would affect only TMK: 4-8-6:9, 11, and 43.
The applicant would like to construct at least 20 units and the office building immediately upon
receipt of all approvals. Construction is anticipated to occur in Spring 2001, with facilities
available to guests by the end of 2001 and a full build out within aten-year period. Estimated
cost for the first phase is $3-5 million and the entire project is estimated to cost over $8 million.
The applicant is working with the community in regards to using the existing social hall located
on TMK: 4-8-6:3 and at possibly conveying the area immediately mauka of Tiger Camp
(TMK: 4-8-6:Portion of 44) to the Tiger Camp residents.
Access to the subject parcel would be from the Honokaa-Waipio Road. The applicant wishes to
discourage the use of automobiles on the premise, therefore, a system of golf carts or similar type
vehicles will be used on the grounds. Although not proposed for the subject development, a
future road reserve is shown on the plans, and located at the western end of the property to allow
for a possible connection between the main Highway and the Old Government Road.
The State Land Use Classification is Urban. The General Plan Land Use Pattern Allocation
Guide (LUPAG) Map designates the area as Low Density Urban, however, the area was
reclassified to Resort in 1994. The Planning Department interpreted that the retreat resort
designation includes TMK: 4-8-6:3, which was not a part of the original Royal Coast
development but is a part of this measure. The General Plan lists the Hamakua-Kohala Mountain
Forest Reserve area as a Retreat Resort area; therefore, the Planning Director, in 1994,
determined the subject area to be a floating zone for Retreat Resort.
PC-7
PC'-7 Page 3 January 23, 2UO I
The General Plan provides for a floating zone concept for retreat resort areas to take advantage of
new concepts, trends, economic influences, unique resources and other situations which may
occur that would make a retreat resort a viable option for an area. As defined in the General
Plan, a '`Retreat Resort Area" is "an area which provides the user with rest, quiet, and isolation
For an environmental experience. It shall have sewer, water, roads, employee housing, and
recreational facilities, etc." The maximum hotel units allowable are up to 100 rooms as
determined by the zoning designation.
Ordinance No. 94-63, approved on June 8, 1994, zoned Parcels 13 (14.427 acres) and portion of
44 (8.5 acres) as V-43. Prior to 1994, Parcels 3 and 13 were zoned RS-15, and Parcel 44 was
zoned A-40a.
The property is not situated within the Special Management Area and is located over a mile from
the coastline.
The Northwest Hawaii Community Development Plan, adopted as Ordinance No. 445 in 1979,
did not include Zone Guide maps for the Kukuihaele area. The Hamakua Regional Plan, adopted
on November 8, 1990, by the County Council recommends the Kukuihaele-Waipio area for
retreat resort (up to 100 units), while preserving the rural character and preserving the cultural
and scenic integrity of the rim to Waipio Valley.
Parcels 3 and 44 have frontage on both the Honokaa-Waipio Road and the Old Government
Road. There is a dwelling on Parcel 44, however, the majority of the parcel is covered with old
cane. The majority of the hales will be on Parcels 44 and 13. Parcel 3, site of the old social hall,
is partially cleared with a parking area to the rear of the building, and the remainder of the land is
in cane and forest. The applicant would like to refurbish the old social hall into, perhaps, a
restal~rant. The Old Manager's House and a guest house are located on Parcel 13, and• will be
reserved as the owner's residence and guest house for the manager/owner's guests respectively.
The Manager's Estate is on the State Register of Historic Places and will not be a part of the
proposed development.
The elevation of the subject property is approximately 840 feet along the Honokaa-Waipio Road
and slopes downward at less than 15% towards the Old Government Road.
The USDA soil classification is Paauhau, which is a silty clay loam with slow runoff and slight
erosion. These soils were used mainly for sugarcane cultivation.
The Agricultural Lands of Importance to the State of Hawaii (ALISH) classifies the property as
Prime Agricultural Lands, while the gulch areas are identified as other Important Lands. The
Land Study Bureau's Detailed Land Classification System classifies the soil as "C" or Fair.
The subject property is located within Zone "X", an area determined to be outside the 500-year
flood plain.
PC-7
PC'-7 Pa~~e
January 23, 200 t
On the subject property are banyan, eucalyptus, macadamia nut, and avocado trees in addition to
other oc•namental and te-opical tlo~vering plants. Char and Associates, botanical consultants for
Hamakua Su;ar Company, conducted field studies of the subject properties in February and
iVlarch 1991. and none of the native plants identified are either threatened or endangered.
A survey of avifauna and feral mammals conducted in 1993 by Reginald David found one
endemic species (I`o or Hawaiian Hawk), two indigenous seabirds (White-tailed Tropicbirds and
Great Frigatebird), and one indigenous migratory bird (Pacific Golden Plover). A broader area
survey conducted by Phillip Bruner found the Hawaiian duck, the American coot, the common
amakihi and short-eared owl.
In an archaeological survey conducted by Paul H. Rosendahl, Ph.D, Inc., two sites were
identified on Parcel 3: a habitation terrace significant for information content with further data
collection recommended, and the Plantation Manager's house which is identified as a historic
site.
Surrounding lands include the village of Kukuihaele, which consists of approximately 60 homes
with a population of roughly 300. Single family residences are located to the south of the
properties. Also located in the vicinity are the old social hall, post office, the Roman Catholic
Church, Kukuihaele Park and the Kukuihaele Cemetery. The Waipio Valley lookout is located
about a mile away and Honokaa Town is located approximately 6.4 miles away.
The applicant has noted that if the development is not approved, the site would remain in its
present condition, and lands would continue to be used for intermittent grazing and a large
residential estate. Under the existing RS-15 and V-43 zoning, one parcel could be subdivided
into twenty to twenty-four 15,000 square foot lots, and the V-43 zoning would allow 12 hales.
Water is currently serviced by the County Department of Water Supply's Kukuihaele system, but
there is a limited number of water commitments available to the subject property. According to
the Department of Water Supply, extensive on and off-site improvements would need to be
constructed.
Wastewater will be processed through a septic system or a system approved by the Department of
Health.
The Waikoekoe stream bisects the western portion of Parcel 13, and residents have reported that
so~i~e flooding has occurred in the area. For this reason, the applicant proposes to accommodate
on-site generated runoff as welt as to protect the site from any potential overflow from the
stream.
Electrical and telephone services are available to the property, and police and fire protection are
provided from the Honokaa town.
PC-7
PC-7 Page 5 January 23, 2001
In the cover letter from the Planning Commission, Your Committee has learned that in addition
to the ~l0 detached units or hales, the applicant will construct support facilities and amenities
such as a restaurant, office building, swimming pool, tennis courts, parking, landscaping and
related improvements. Each hale would have two bedrooms and a main living area with a small
kitchen. The single story hale would be perched on a structure that resembles a tree,
approximately 1~ feet off the ground, and less than 35-feet tall. The trees would have a 60-foot
span with branches no taller than 50 feet. All hales and trees would be constructed to building
requirements.
Bill No. 16, Draft 2, which included the following amendments was circulated and approved by
Your Committee:
I . Deletes Conditions B and C, and inserts new language as new Condition B:
"Water for the proposed development shall meet with the approval of the
Department of Water Supply. The required water system shall be implemented
prior to receipt of final subdivision approval or occupancy permit for the proposed
units."
2. Renumber remaining conditions.
3. Amends new Condition D to read as follows:
"Final Subdivision and/or Plan Approval [for the initial phase of development]
shall be secured within five (S) years from the effective date of this change of
zone. Plans shall delineate a 50_foot wide future roadway between the Honokaa
Waipio Hi~hway and the old government road as well as a 10-foot wide strip for
no-vehicular access planting screen easement along the property's frontage
bordering the [State highway and the old government road.] Honokaa-Waipio
Hi~hway. extent at the approved access point(s). a 10-foot future road widening
setback along the properties fronting the old government road shall be shown on
all plans, meeting with the approval of the Department of Public Works. Said
area shall be dedicated to the County upon its request "
4. Amends new Condition E to read as follows:
"[Improvements to] The access driveway(s) from the Honokaa-Waipio Road [and
the access driveway(s),] for the project site shall be constructed in a manner
meeting with the approval of the Department of Transportation."
Amends new Condition F to read as follows:
"No new access for the subject development shall be allowed from the old
government road."
6. Amends new Condition M to read as follows:
"To ensure that the Goals and Policies of the Recreational Element of the General
Plan is implemented. the applicant shall work with the community to ensure that
the old social hall (TMK: 6-8-6:3) is made available for community use at little or
no cost[.) z subiect to certain terms and/or restrictions relating to hours of use and
type of beverage."
PC-7
PC-7 Page 6 January 23, 2001
7. ,amends new Condition N to read as follows:
"To ensure that the Goals and Policies of the Housing Element and the Resort
requirements of the General Plan[,] are implemented the applicant shall formulate
a Housing Plan meeting with the requirements of Chapter I I ,Article 1, Hawai `i
County Code relating to Affordable Housing Policy. This Housing Plan shall also
address Employee Housing needs and shall be submitted to the Office of Housing
and Community Development and the Planning Department and be approved by
the County Housing Agency prior to Final Plan Approval."
8. Amends new Condition P to read as follows:
"As represented by [this] the applicant and in Change of Zone Ordinance No.
94-63, lands behind the Tiger Camp (TMK: 6-8-06:Portions of 44), shall be
consolidated and resubdivided and deeded to the respective lot owners within two
(2) years- from the effective date of this ordinance. This requirement shall be
credited against Condition N."
9. Deletes the existing language and inserts the standard fair share language in
Condition Q.
Two of the four people who testified at today's meeting were in favor of the development,
although they were against the original Aman project. One person who testified against the
project claimed that she does not want to have to look up to people in cement trees.
The applicant would like to create a development that would maintain the tropical ambiance of
the subject properties and maintain the rural character of Kukuihaele, unlike the original Aman
project. Representative for the applicant, Sidney Fuke, explained that the applicant wanted to
create a Mom and Pop type of inn, similar to one which he and his wife have had extensive
experience operating on the mainland. He also explained that the applicant purchased the
property in May, and "they posted notices at the two general stores in Kukuihaele, they had two
major meetings with the community association, and then they went door-to-door and tried to do
an extensive reach-out program to see what the community's thoughts were relative to their
proposed plan. And then they made some adjustments to that. And finally, they contacted" him
in September to prepare and process their rezoning application.
Mr. Fuke also explained that when the property was purchased, Mr. Heers wanted to separate
himself fi•om the Aman project and amend the conditions of Ordinance No. 94-63 so as not to
have his parcels included in the former ordinance. An amendment to Ordinance No. 94-63 was
submitted to the Planning Department to remove the conditions, which referred to the subject
parcels to ensure that the applicant would not be bound by the conditions of the previous
ordinance. At the same time, this measure was introduced with proposed amendments to
conditions in the 1994 ordinance, which applied specifically to Mr. Heers' properties.
Unfortunately, the accompanying bill with the amendments to Ordinance No. 94-63 was not
processed in time to accompany this measure to the Council level.
PC-7
PC-7 Page 7 .lanuary 23. ZUO 1
:~%lr. Fuke further explained that two-thirds of the subject property is extensively covered with a
forested area: therefore, the applicant will sculpture the "project around those landscaping by
constrticti~ig these individual units that would look like a tree but they would not be a tree.
Structurally, they would meet all of the structural standards as required by the County Building
Code and...tivould be somewhat camouflaged so that from far, it would look like a tree but,
obviously, it's not a tree."
Committee Member Curtis Tyler posed a question to Mr. Fuke regarding the Department of
Water Supply's comment about "the first increment shall not exceed the number of units of
water, which are available." He wanted to know how many units were available at the moment,
and Mr. Fuke responded that there were five. Mr. Fuke further explained that "the responsibility
for providing County potable water that would meet the requirements for Mr. Heers' project,
would be the responsibility of Mr. Heers. Whatever the Water Department required to provide
service, water service to the subject property, would be-would fall under the responsibility of
Mr. Heers, not the County." He then explained that the reason for the proposed language in
Condition B, in Drafl 2, is because "the existing language would limit it to, definitely, no more
than five units because one unit of water for every proposed hale. And one unit of water, as
defined by the Water Department, is 600 gallons per day."
Mr. Fuke futher explained that Mr. Heers, in his discussions with the Water Department's
engineers, tentatively envisioned the "construction of an on-site well that would be used to fill
the water, potable water, during none peak hours and that combined with a possible on-site well
that would be used for irrigation and fire protective and non-potable purposes".
Mr. Tyler also questioned Mr. Fuke about new Condition E regarding the language about
improvements to the Honokaa-Waipio Road, and Mr. Fuke responded that "the original Aman
Resort plan called for all of its access, all of the project's access, both mauka of the Old
Government Road and makai of the Old Government Road, to be accessed directly from the
main highway...But Mr. Heers' project is only that area that's sandwiched between the main
highway and the Old Government Road. It no longer affects the area makai of the highway,
which is also still subject to further development."
Mr. Tyler then posed a question to the Planning Department's staff on whether the annual reports
for the underlying zoning ordinance have been "compliant with the requirements of that
condition of that ordinance", and Ms. Alice Kawaha responded that the last Annual Report
received was dated June 1996. She further explained that a time extension was granted until
1997 for Conditions D and T, and that correspondence to the Kukuihaele Development Company
was mailed in August 1997, stating "that if they needed further extension they would have to
submit their filing fee and go through the process of time extension."
Committee Member Gary Safarik asked Mr. Fuke about the previous condition for housing for
employees, and Mr. Fuke responded that "at this point in time, Mr. Heers does not have any
specific plans for employee housing, per se. ...based on his discussions with residents within the
community, he has found, ...a number of individuals who presently are being employed by resorts
over on the West side that have expressed strong interest in being closer to home."
nr~
PC-7 Page ~ January 23, ?001
In response to Mr. Safarik's question, Mr. Heers explained that he is basically targeting families,
couples/honeymoon couples, and perhaps two couples traveling together to stay at the hales. He
hopes it ti~,~ill be a family retreat that is a private place where "yogi don't see your neighbor and it's
a place to get" to be '`with your family, not away from them." Mr. Heers also explained that he
leas done this kind of project before and although he is not clear as to who will frequent his
project, he usually targets "a certain group and that's what usually comes." Mr. Heers also stated
that they '`had palace themes for real elegant rooms and"...they "had log cabin rooms and then
everything in between." They "had 28 different rooms." "And what we're good at -my wife is
related to Walt Disney. What we're good at is making them look real. And, making them fun."
He also apologized to the Association in the Waipio Valley because he was unaware that there
was an Association there.
Committee Member Julie Jacobson stated that she is not in agreement with this measure because
"we made mistakes in the past and allowed zoning changes, doesn't mean that this is the right
thing or the pono thing to do to this community at this time."
Committee Member James Arakaki was concerned about this measure being carved out of
Ordinance No. 94-63, and was also concerned about the project being in compliance with ADA
standards, to which Mr. Fuke responded some units will be ADA compliant.
Your Chair stated that the other properties were rezoned under this floating resort concept, and
she believes that it was meant for only one resort. So she asked Planning Director Chris Yuen to
initiate a downzoning on the rest of the property listed in Ordinance No. 94-63 to prevent the
construction of two resorts in the area instead of one. She then stated that she would like to defer
this measure "in the interest of allowing Mr. Heers time to meet with the Waipio Community
Association and as well as giving Mr. Yuen a little bit of time to look at the underlying ordinance
and the related issues with Aman." Mr. Tyler agreed.
Committee Member Dominic Yagong then stated that this measure should be moved along
because if it isn't, the applicant is being perialized. He said there still would be enough time for
the applicant to meet with the community members before the first reading at the Council level.
Your Chair then asked the applicant if they could meet with the community within the next two
weeks and also asked the Planning Director if t~vo weeks was ample time to review the issues.
Since both agreed, she stated that she didn't "have a problem with moving it up to Council at this
point."
Committee Member Nancy Pisicchio was concerned that there were two or three issues going on
and the deferral may be justified. Mr. Heers mentioned that he is not a big corporation and he
has a limited amount of money, but atwo-week delay would allow him to do some important
thi~igs that were mentioned at today's meeting, but a long delay would be hard on him. After
further discussion on whether or not to defer, Mr. Fuke, after conferring with Mr. Heers, stated
that tl~e applicant "would have no problem" with the two week deferral.
PC-7
['C'- % Page 9 January 23, 20U 1
-Ir. T~ !er then asl:cd the Planning Director if he needed more time to review the situation, and
the Planning Director responded, "Well, it would certainly be helpful to look at these particular
issLles. I don't ~.vant to su~~gest that it is impossible to do this. AI1d ...the issues that I was raising,
I think ace fairly technical things with-to make s>.Ire that if you are going to pass out a bill that
has the effect of splitting this into two pt'ojects, that there's a set of conditions that attaches to the
old project as well as a set of conditions that attaches to the new project..." Prior to this
statement, in response to Mr. Tyler's question about a deferral, Mr. Ytten responded, "I'm at your
pleasure on that...."
For informational purposes only, Committee Member Nancy Pisicchio voted "kanalua" the first
time followed by "no". Committee Member Tyler boldly stood up and cast his "NO" vote
against this measure.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration for the Change of Zone request.
Your Committee on-Planning is in accord with the intent and purpose of Bill No. 16, Draft 2, anti
recommends it pass first reading.
AYES NOES A & E EX
1.EITFIEAD-TODD X Respectfully submitted
TYLER x
ARAK.aKI x COMMITTEE Or{ PLAN tNG
CFIUNG X r, _ -"7
ELARIONOFF X / ri?`. L.i.4.ur:~...-k~ " ~~y"~,~,
lACOBSON X BOB JEAN L 1TI-LEAD-TODD, CHAIR
PISICCHIO X
SAFARIK X PC REPORT NO. ~ 7
YAGUNG X ADOPTED:
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
March 22, 2001
Dear Surrounding Property Owners:
State Land Use Boundary Amendment (SLU 873, 874, 875 and 876)
Subject: Planning Director Initiated Action- Reclassify Lands from State Land
Use Urban to Agricultural District
Change of Zone Ordinance No. 94-63 (REZ 764)
Subject: Planning Director Initiated Action -Reclassify TMK: 4-8-6: 43 and
Portions of 9 & 11 from V-18, V-43, A-la, and RS-15 to A-40a
Applicant: Royal Coast Resorts Corporation & Silverlink Holdings, Ltd.
Tax Man Key: 4-8-6: 13. 43 and Portions of 9 11 and 44
This letter, hereby, notifies you that the public hearing has been scheduled by the
Planning Commission for the above-referenced actions that were initiated by the
Planning Director on February 22, 2001:
Date of Hearing: April 20, 2001
Place: County Building
County Councilroom -Room 201
25 Aupuni Street Hilo, Hawaii
Time: 9:30 a.m.
Subject Matter:
By letter dated February 27, 2001, we informed you that the Planning Director was
initiating procedures to reclassify TMK: 4-8-6: 43 and Portions of 9 & 11 back to their
original zoning and State Land Use designations. This action is twofold and involves
rezoning parcels TMK: 4-8-6: 43, and Portion of 9 & 11 back to the original zoning of
A-40a due to inactivity and noncompliance with conditions of Ordinance No. 94-63. In
1994, these parcels were originally reclas~sifi,~ foi ~oyal Coast Resort Corporation &
Surrounding Property Owners
Page 2
March 22, 2001
Silverlink Holdings, Ltd. to develop the Aman Resort. It is proposed that the zoning
designation of V-43 and RS-7.5 for TMK: 4-8-6: 13 and Portions of 44 be maintained
in order to preserve the basis for the proposed 40-unit resort development by the Trees
of Kukuihaele, LLC which was recently approved by the County Council. All
conditions within Ordinance No. 94-63, however, are proposed to be repealed.
Secondly, the Planning Director is proposing to reclassify the above parcels from the
State Land Use Urban District back to the Agricultural District. Again,
TMK: 4-8-6:Portion of 44 will remain in the Urban District in order to preserve the
Urban designation for the Trees of Kukuihaele resort development.
Although the above Ordinances were approved in 1994 for the development of the
Aman Resort, there has been no recent indication that the development is proceeding.
Also, we have received a copy of a letter dated February 4, 2001, signed by Mr.
Eugene McCain, Jr. to Councilman Dominic Yagong, that the applicant Royal Coast
Resorts Corporation does not intend to pursue a resort development and has no
objections to the down zoning of the affected properties. The properties are located in
the town of Kukuihaele, in the vicinity of the Last Chance Store and the Plantation
Manager's house, on the mauka and makai sides of the Old Government Road.
Should you have any major concerns or wish to provide oral testimony in support or
opposition of the subject matter, please make every effort to be present at the public
hearing. If you are unable to attend the public hearing, you may also submit written
testimony on the subject matter to the Planning Director prior to the date of the
scheduled public hearing.
We have included maps of the area and a copy of the Public Hearing Notice listing the
Planning Director's initiated action as Item 2 on the agenda. Please note, that also on
the agenda is a separate request by the Trees of Kukuihaele to delete references to their
properties, TMK: 4-8-6:13 and Portion of 44, in Change of Zone Ordinance No. 94-b3.
You will receive notification of this request under separate cover.
Surrounding Property Owners
Page 3
March 22, 2001
Should you have any questions regarding this matter, please contact Susan Gagorik or
Alice Kawaha of the Planning Department at 961-8288.
Sincerely,
~
.
CHRISTOPHER J. N
Planning Director
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Stephen K. Yamashiro Dixie Kaetsu
~ ~
Mayor ;.I'~ '•.i Director
L~ 11 ~ 1
J
r:1 Frank Manalili
oR•Ma J\1~ ~ , _ Deputy
? ~
COUII~ Of ~i~W~ll
DEPARTIO~IE1vI'I' OF FINANCE -AL PROPERTY TAX
865 Piilani Street • Hilo, Hawaii 96720-4679 • Fax (808) 961-8415
Appraisers (808) 961-8354 Clerical (808) 961-8201 ~ Collections (808) 961-8282
Date: March 13, 2001 Tax Map Key: 4-8-OOfi-013,043,009,011.,&044
To: Planning Director
Prom: Real Property Tax Office
Subj: Request for Comments and/or Review
Comments from the Appraisal Section:
~ Property is receiving agricultural use value
Property is dedicated to agricultural use
~ Possible rollback taxes
~ There are no comments at this time
Remarks:
Appraiser to Contact: Guy Ward Phone: 961-8354
Comments from the collection section:
® Status of real property taxes:
Current
Delinquent /Amounts $
Amount includes tax, penalty, & interest up to
Remarks: TMK 4-8-006-009 is delinquent. Taxes are due from 1994-95 to
the present. Amount is $40,954.67; see bill attached. All other Tax Map
Collection personnel to contact: Winifred Todd, Tax Clerk Phone: 961-8282
COUNTY OF HAWAII CASHIER'S COP
DEPARTMENT OF FINANCE WEDNESDAY MARCH 14, 200
DELINQUENT REAL PROPERTY TAX BILL 8:18:35 Al
OBH TAX MAP KEY HKGX
ISL ZON SEC PLAT PAR HPR TEN
3 4 8 006 009 0000 001
PENALTY AND INTEREST COMPUTED TO: MARCH 31, 2001
YEAR PR DATE DUE TAX AMOUNT PENALTY INTEREST PAY PER TOT YEAR TOTAL
94-95 1 08 20 94 719.00 71.90 1,202.17 1,993.07
2 02/20/95 719.00 71.90 790.90 2,783.97
95-96 1 08/20/95 2,158.00 215.80 3,038.46 5,412.26
2 02/20/96 2,158.00 215.80 2,373.80 7,786.06
96.-97 1 08/20/96 2,158.00 215.80 2,468.75 4,842.55
2 02/20/97 2,158.00 215.80 2,373.80 7,216.35
97-98 1 08/20/97 2,158.00 215.80 1,899.04 4,272.84
2 02/20/98 2,158.00 215.80 2,373.80 6,64 6.64
98-99 1 08/20/98 2,158.00 215.80 1,329.33 3,703.13
2 02/20/99 2,158.00 215.80 2,373.80 6,076.93
99-00 1 08/20/99 2,158.00 215.80 759.62 3,133.42
2 02/20/00 2,158.00 215.80 2,373.80 5,507.22
00-01 1 08/20/00 2,158.00 215.80 189.90 2,563.70
2 02/20/01 2,158.00 215.80 2,373.80 4,93 7.50
TAE ROVE PROPERTY (!ES) !S/ARC !N
lEOP RDY cJE BEING OLD FOR TAXE• I,
TOTAL AMOUNT 27,334.00 2,733.40 10,887.27 40,954.67 40,954.67
OUR CANCELLED CHECK IS YOUR RECEIPT.
AKE YOUR CHECK PAYABLE TO THE DIRECTOR OF FINANCE. TOTAL 40,954.67
AIL WITH CASHIER'S COPY OF BILL TO: REAL PROPERTY TAX DIVISION
Ilillllllllllllllllllllllllllllllllllllllillillillllllllllllllllllllllllllllillillllllllll 865 PIILANI ST:HILO, HI 96720:PH (808) 961-8282
3-4-8-006-009-0000 001
DDRESSEE: MC CAIN, EUGENE A JR
ADDRESS: P.O. BOX 548
KAMUELA, HI 96743
6~,^F M
~ k
.C~/' 1959 1
BENJAAAIN J. CAYETANO 1
ESTHER VEDA
GOVERNOR s EXECUTIVE OFFICER
~~QB®~p;~
9~
q0'~a~
ST,4TE O~ PirAWe411
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT 8 TOURISM
Les?ND USE COMMISSION
P.O. Box 2359
Honolulu, HI 96804-2359
Telephone: 808-587-3822
Fax: 808-587-3827 ~
,r'
'r:
March 21, 2001 _ -
c
- '
Mr. Christopher Yuen . = ' .n
Director - ~
Planning Department ~ -
. County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720 ~
Dear Mr. Yuen:
Subject: State Land Use 13oundary Amendment (SLU 873, 874, 875 and 876)
Subject: Planning Director Initiated -Reclassify Lands from State Land
Use Urban to Agricultural District
Change of Zone Ordinance No. 94-63 (REZ 764)
Subject: Planning Director Initiated -Amendment to Ordinance No. 94-
63 to reclassify TMK: 4-8-06: 43 and Portions of 9 & 11 from
V-18, V-43, Ala, RS-7.5 and RS-15 to A-40a
Applicant: Royal Coast Resorts Corporation & Silverlirilcs Holdings, Ltd.
TMK: 4-8-06: 13, 43 and Portions of 9, 11, and 44
Kukuihaele Hamaki~a Hawaii
We have reviewed the subject requests as transmitted by your memorandum dated
March 7, 2001, to reclassify and rezone certain parcels of the Royal Coast Resorts Corporation
project at Kukuihaele, Hamakua, Hawaii.
It is our understanding that the reclassification of the subject parcels back to their previous
designation within the State Land Use Agricultural District is due to the inactivity and
noncompliance with conditions on the part of Royal Coast Resorts Corporation. It is further our
understanding that new owner Trees of Kukuihaele intends to retain TMK 4-8-06: por 44 in the
State Land Use Urban District for its proposed 40-unit resort. The specific acreage and location
of this area should be clarif ed.
We have no further comments to offer at this time. We appreciate the opportunity to
comment on the subject requests.
~IIfi
_ _
- Air. Christopher Yuen
March 21, 2001
Page 2
If you have questions regarding this matter, please contact me or Russell Kumabe of our
office at 587-3822.
Sincerely,
BERT SARUWATARI
Acting Executive Officer
Apr-18-O1 10:54am From-ASHFORD W. JN 8085991506 T-001 P.O1/02 F-257
AS~IFU~Ia '~URYS'rON ~=~~1 f;'-''~
,r~~n
ATTORNEYS AT Y.AW
Street Address: P~~`: ~ aiii ~ddress:
1098 Alakea Street 14'" Floor Tele: (808) 539-0400 C%~~; ~ !~'~:.;Post_Offlcs Box 731
Honolulu, Hawaii 96813 ~ ` ` ` ~j~ l
` ~ i/ Pld[~oluAu," 96813
~ ;';i
~1~~~
2 P~Ci~~
(Including This Page)
To: Mr. Christopher J. Ytaen, ~orector l=ax: (808) 981 8742
County of Hawaii Planning l~epartrnent
From: Rolaert truce Gralham, Jr. lFax: (808) 599-1506
T®le: (808) 539-0440 ~-mail: bgraharna(,~awlaw.com
Operator: Michiko ~Ilorishige
Tale: (808) 539-0436
.t®: April 18, 2001
Reference: 7`MK 3/4-&-6:71 anal ~ (18020/0002)
®rclinanc® iVo. 94-63
ME~SAG~:
Faxed herewith is my letter to you of today's dat® re above matter. Hard copy will be mailed.
cc: Mr. Sidney t?uke FAX: (808) 969-7996
Mr_ Luke Yasaka FAX: 521-8428
.
C®NFII3~td'r1e4l.ITY N®TiFlCe4Tl®N
This fax is only intend®d for the addr®ssee named above and its contents may be privileged or otherwis® legally protected.
Any unauthorized use, disclosure or copying of this fax or its cant®nts is prohibited.
If you have received this fax by mistake, pl®ase notify us immediately by return fax or by toll®ct telephone caA.
Apr-18°01 10:54am From-ASHFORD W, ON 8085991506 T-001 P.02/02 F-25T
ASH~'~Rn ~ W~2ISTUN'
r1 I {,vll'i'!tD I.tABli.l'1'Y 1.1W 1'.lltl'n'I•:KlFlll+ LI.1•
.~1'TURNI:Yi A'1' LaW
Paul AoR~• R+d,en Brace Brarlam ,Ir.' James F Ma: Ja0/ Kd41uM1Uh~„ { + LynIICJ McGrvcr+l UenJ G. I'afrM1:r OF COUNSEL
Manoril: C.Y n.r franc; P. noynr Wtlyr>a Ivaeser pa,r~rx } n.+nem neon M.~numway Ntauno~, G Jewn, Ch++ru,r R. nsrrtoru
KIIA W Calpwcrl' RmraaK rcnc' CurlcrE ;{aar• O+;iN: R+~, Piay~,eu ikrun.A Krrmger JannA uukyrr•>,r'
Rosenvlry 1 faZw' Dra~~ ~ lusn,mott+' Mary i>,,yn M uyc.~a• Kann M y+r,l.rrno~e rollnsel f'aui A Tomar Alotrt n UrJawa'
Mienaei W Ton Gown C. K LWrl9' Kann W r4•rnlrp Ile•;.uu I I Nlou A. Janis Wn;ron Jr'
Ik,vtr, R ~hrNila 'n C.rwCarrxdrrrwl
April 1 S, 2001
`Y„
Mr. Christopher J. Yuen, Airector r^
~
County of k~iawaii Planning Depamnent C
25 Atcpuni Street ` ~ ~ ~ '
Room 109 ~
Hilo, Hawaii 9672a -
~
Re: TNdK (3) 4-8-6: 11 a>od 43 cs
Urdinaraca No. 9~d-b3 cn
Dear Mr. Yuen:
We are attorneys for the Roman Catholic Church In The State Of I~awaii, a Hawaii
nonprofit corporation, fee owner of certain properties at Kanahonua, Hamakua, Hawaii, including
TMK Parcels (3) 4-8-6:11 and 43.
This letter is to inform you that the Church has no objection to the reclassification of
TMK Parcels (3) 4-8-b:11 and 43 to the zoning and State land use designations existing in the first
half of 1994. The Church did not seek the reclassification in 1994 and does not oppose the
proposed restoration 1:o the status existing prior to June 8, 1994, when Ordinance No. 94-63 became
effective.
However, if the property is down-zoned and reclassified as proposed by the laepartment, the
Church and its property shoteld also be relieved of all conditions, exactions, obligations and
requirements irxiposed upon it or with respect to it by Ordinance 9463, without penalty or other
consequence by reason of the failure to provide the improvements contemplated by the Ordinance.
Please call me if you or your staff have any questions or tivish to discuss this matter further.
My direct line is (808) 539-0440.
Very truly yours,
ASH.PORD & WRISTON
A Luv[1"fED LInRIL17Y LpFV PARTNE SH1P P
By R e rue r.
cc: Mr. William L. >3ttrton, Jr.
Mr. Luke l-T. Yasaka
Ms. Robin L. NOIIa1CS•x
RBGI#278594
HONOLULU OFPICr suee[ naaress Tel: (808) 539-0400 KA{I un-KONA OFFICE 7e1: (808) 379-7706
Maumg Aooresa; Alil Piacc, Sui[e 1400 Fax' (808) 533.4945 Kuahiro Tower, Sm[e 208 Fax: (8Utl) 329-15?9
I'DSt Ohice [iox 131 1099 Aiakea S[ree[ Ema,l: at1y47r,wlaw.com !a-$?22 Kuak~lti riwy. ~nmd: kona~awiaw.cam
Honolulu, HI 96010 FSOnolulu, HI 96013 wwwash(ordwr,;tun cam Kadua-Kona, HI 98740 www.asntorawns[on.corn
APR-18-2001 WED 08 14 AM j County Clerk Office FAX N0. 8( i61 8912 P. O1
~04J1A/2001 21:14 8088870922 EUGENE MCCAYN PAGE 02
Il+~c~xat, j3'.
Post ~f6iee lac 5~S =
~ ~'j
Kunx~la,, Hawaie 9b7~3 ~ _,yT ~ ' ~ jrj ~ f ~
Apr1118, 2001 FC.- t;:. 2
Date ~ - .'~ri
emt
~5 A . R 109
a,811f 96 0
C~teie,
I writ,(ng cDan the down zoning beirt~ reCoaaatend®d 'by y®~
ton tip lar?da ga9evioualy xo~ed for the r~tnanres~t psoje+~t.
Aa ypu a~ aware ~t tkte time of the reaonis~ of theme lasad9 iR the early 90's,
the was enos~ac~as weuty aur! for the CYveg 909`0 of the
k6 ele ~muhanlty ®igned a pati~ost in kavo~ ~ the t+ezoniri~ and ~e
he were ov~rav ly filled with su of t}~ pt~eet. At the ~xaal
h A t% +e1de~ of YC~nsalutele, x~tin~ the Hawaiian, gapaneae,
p e~ arg tion~e axYd othe~t~ the ~®ua amps attended
tI~ hegs a:td made stsorng statesexerct$ in support of the os~
~"6te dax~ econoati.~ ti~aea of the 90'a and a e of ®vrnership o! r~
kept rtsp fulfl2li its canna obligatiar~ to rxmaaece the
devel®pmenk 13ut('this did nat cha~lga the support fox the
°I'he irabl~ity to $ce the project wa8 a gxeat dieappo3nhnent to any people ~
~:+~u3l~ele a~xd the Hasnalcua a~q?~in~anity who were look~g sward to jBb
opportYaname~ aLnd~a revitalization of tl~ area.
1~Ve were forl'uaaa~ t®1oc~te Asir. 71a®amas I~eePS vo+ho pic3ced ap w.D
Arta le#t df# and !s iagg ,with a spider, but still ~ea~tly
caebed pzoJe,~ tl~t ,provide saxa® o,¢ the ecoto®~ic be~6te Lv the a~a
t-the uxti was n ' on.'d°he oonU7nu~tity has also
averwh,e y pportsve of~. H~r'e project and the rezor it ltas
1
C.ht ~ of l~oye~ C®ast lz Cvrporat€on I sent a letter to Ceyuncid rvi~ber
leRr. Y ce~t~~taing tla~at tive wac~ld not lse seeking :~s®rt levelapatent on the
prope~es law I~3t, fiee~ P~'al~
You are n®w ~rec~
l~,vne~dir~ that all of tae aoxaixbg obtaiureed px~vaously be ~vlled
bzslc to the f~ees°a teal la~duse dasti3.ct and to-the $o~er 9eo~ing, I
believe this effcart ~ done withastt lea bent of eaattaatutity meetings to
w i.. ~ fix'
f
APR-18-2001 WED 08 14 AM ~-1 County Clerk Office FflX N0. 8~_ d61 8912 P• 02
04/10/2001 21:14 BOB86709Q2 EUC~NE MCCATN PAGE 03
r
aeRcertaiat will of ttte eon~nuxei .While the pup be a spttall n of
p~ideaef~ itt Kuka~ihaele tYeat would like $h~ prvpeety rolled ba~c to the for~aer
zpat3ng, I dm ~t ~(6elie~ thls ie will ztf the ~ajanty of tlae eo~tunity.
'I~a , ld~s! Mxa~aret (;a~g~s (my ~othex why ~fv+ea in Pe~aDco ~d 10~r.
~lttia Staxtge,~ whcs hues iaa Kona), ale going to be y fip~~aal
x
clasnaged by this i~li back 'Together theg~ awn the 11, aca+e paraal, ' ~ 4-8-6-
'lam p f®rxrterly a,g-~46 a1t~d was r~za~ned to r and ag,i. T raJ~
ba~[c of zopefng will eataa~ a seraovs ~o~c hax~daltip far these two pe~sosts
who are }nth y0's.
T tvaaai~l like to alI ask the Platuaixeg Llepartneepat sari trite aPlastrtixeg
Cieaiop9 to ce~+sidsr owing tEtis Date prly ~ at least keep ste a®: apt a
density pleat would allow the. to be divided land several IoPs, larch
pgr ,A,g-1 csr -3. T#tis would allow them to ~ divide their interest atrtd/®r
10) divide the imp ~veral ~g~ricultur®1 l~tg to be sold. 'T~eay have ®ver $1
~lli®n dollars w ch wall be lamely Iost iat this coal back 'They have also beam
wed prap~y'taXe'ra based ~yat tY4+®rt and eg°1 fox' the poet 6 yeat'e
which arxtouBt~ td ®v~ 5.50,000. of taxes due t®txee lti deztsity zax~g.
I knave that sill dnvalved in this down zoa ~ tryis~ ~ da what is
r3gatt by the uxtity and also f®llowirag the Coanty laws and x^~rgudatioavs. l3tat
gee are ales away that there are axt8xep l~jecfs that wveat; stalled to avo fault of the
owneas o~ devel all a~ the State of I~aw~i daaaireg tgte 1990°8. I oars
c~axteetned that vvh418sa1e dowaa x®nari~ axeay deprive the caatuatity of
TCaakexihaeae of ssr~ee of the economic benefits fleet watzld be derived fx°oae saw
deveiaeea:t axtd 4also eped~.cally hurt-the two individtaals e~v'ho invested in the
x,~~aaa ~~r v~~ 3a~te~etiop~.
when A~naseresar! beget tp have problex~ in the a~eid-9~8, . Ggig~s wnd .
Storage had the tat that t~ to ptall tleear property otat and sell, wi#h the new
~oreis~g f n place. s woaald, eve herd thepat, brat would leave gruYled the plug
on the Anea~a~or& pntccrject: l~ep ~ ~d that the eoptepnu~l.ty thrata a$ out au
these yeaa~ wvae helping aped aretidpat' that thi®praject w®udd ga lt. By
ltoad~g c~xe grad k th~r fn the proje~ $hese two istdividuals w
firy~stg to keep alive the opp ~r the o~rt to still be buiat.
I hope oar a®n un~.erstand the posidmae all ~f us were in who wire trying to
soave axd with the Amaxaa°aesart project. We ~d made tater<ts to the
eoa9nut~iitaty, `s'he ebnantunity very anuch wanted tlee prvjeet We all tied as a
t®a~t to 17Drixtg s8t ot~ n and it?veators at con~tued exre~ t+~ rztalee flail
dpearpe a reality, Tl~e fhtal d on ~ xtot capre as the neww ovvra~s ®f
.4~apiresorts tkte pr®pegty to be eo . 'late sa3e of a p®s~iaal ~ tl,e pity
to Thous Heels v+~as in a ell way a fieent o¢ late tcctertts ere lead.
xaeade, beat tl~ disa~pepipttment sold hinge monetapy losecs c®aild not be a~aided.
It would be a shade for these two pemple, A~ aa~st Griggs end A,ugusttas
Storage, who hav® wady sacrificed having ~ property tltd up far? years t®
APR-18-2001 WED 08 14 AM , 8 County Clerk Office FAX K0. 8~.. 961 8912 P. 03
04!10/2001 21:14 @088870922 EUGENE MCCAIN P~ 04
1r
J
I
xI9 ~ P~~ t~~the~r, would notiv wave th~r property shipped aE ~U
de~efaprn~tt ~ mad now ~ #uxtha se~}~taa~tlal low.
Irea y ~~f aU ~e food and siaa~ere ~ in ~e pia~ing ~G
t~ F! Co~hr~nissian ~d County C®ur?dt to canside~r adlowi~ than one
to b~ F~aiIy 1 or A,g-3
'Tl~axalc you frsr your o~i~de~tion of the tho~2at~ In this letter: X a ~ !e
~d what~ve~ deze~t°.s a~ made.
p~ce€~tty, 4
r~.e
~Ee~etta ~l.lVicrCa~, jr