HomeMy WebLinkAboutCOM 0251.000 2000-2002 JN(yOF h'46Y
~~I~L%:
Harry Kim y:~T. Christopher J. Yuen
Mayor ~ Director
\
~r'rE'oF~ P~ Roy R. Takemoto
Deputy Director
PLANNING DEPARTMIENT
25 A+.~pun.i S4rcet, Room 109 + ~331a Ha~~~ii 9~?^~^.•-,A?r,^
(8081 :`S1-S:LB~ » i~ax (808j 9fi".t-874.;
June 13 , 2001
Mr. William L. Moore
159 Halai Street
Hilo, HI 96720
Dear Mr. Moore:
Change of Zone Ordinance No. 96 60 (ItEZ 450)
Change of Zone ®rdinance No. 97 42 (REZ 849)
Special 1!!Ianagement Area Use Permit No. 385
Applicant: Towne Development of Ilawaii, Inc.
Tax Man Ivey: '7-`7-08:11, 30 -and 96
This is to acknowledge receipt of your letter dated February 2, 2001, relating to compliance
with requirements of the fair share contribution for parks and recreation.
We concur that the conveying of approximately 11.481 acres of land to the YMCA can be
credited against the fair share contribution for parks and recreation facilities, but subject to the
following:
1. The Parcel has been legally subdivided and will be conveyed to the YMCA by
quitclaim deed in an "as is" condition, without any warranties or representations
as to its permitted use or physical condition.
2. The quitclaim deed to the. YMCA will contain restrictions that prohibit the use
of the Parcel for other than recreational and YMCA program purposes.
3. The YMCA will develop the recreational facilities with its own resources or
from its own capital campaign.
(eorn~n, No,
ale No.
Ref. To:
Ref. Data ~ 4 2001
Mr. William L. Moore
Page 2
June 13, 2001
4. YMCA members shall have priority use of the facilities; provided, however,
that the general public shall be permitted to use the grounds when not used by
YMCA members under the same nominal terms as YMCA members.
5. The general public shall be eligible to join the YMCA upon your normal terms
and conditions; provided, however, that the use of the facilities located on the
Parcel shall be open to all individuals and shall not be based upon national
origin, sex, religion, age or ability to pay.
6. Incidental use of the park area will be allowed under the same terms and
conditions as YMCA members. Incidental uses include use of the park area for
family picnics or small groups playing catch or other similar activities that are
not on an organized basis.
7. Minimum improvements shall include restrooms, a passive recreational area, a
multi-purpose playing field and/or facilities for community recreation and family
activities. The passive recreational area shall be open for public use,- and shall
be designed in a manner that clearly shows its availability far public use. The
YMCA may enforce reasonable restrictions on the use and hours of this area.
8. The YMCA shall cooperate with Towne to enable it to receive a credit for the
fair market value of the Parcel towards its required "fair share" contribution due
to the County of Hawaii for the development of the Keauhou View Estates under
the applicable zoning Ordinances for the project.
9. Towne is prepared to deed the Parcel to the YMCA immediately; however,
physical access and utilities to the Parcel are dependent upon the development of
the area commonly known as "Keauhou View Estates, Unit 1, Phase IV"
("Phase IV") and Towne shall not be obligated to provide access or utilities to
the Parcel. The YMCA may provide its own access roadway or driveway to the
site so long as such access is consistent with the development of said Phase IV
and the remainder of the Keauhou View Estates development.
10. The YMCA shall use its "reasonable best efforts" to begin the first phase of the
park within two (2) years from the conveyance of the Parcel, and shall
commence substantial actual construction within 4 years from the conveyance of
the Parcel.
Mr. William L. Moore
Page 3
June 13 , 2001
11. Phase I shall consist of the parking, restrooms, a passive recreation use area, a
multi-purpose field and/or facilities for community recreation and family
activities.
12. The YMCA shall complete Phase I within seven (7) years from said
conveyance.
13. In the event that the YMCA does not commence substantial actual construction
or complete Phase I within the time limits, provided above, or does not use the
Parcel for recreational purposes, the County of Hawaii shall have the right to
enforce the deed covenants by an action in law or equity to enforce the
covenants and shall have an option to purchase the property from the YMCA for
$1.00 if the YMCA does not begin or complete Phase I on schedule. The
County may extend the time for the beginning or completion of Phase I without
waiving its rights to exercise its option.
14. In developing the Parcel, the YMCA shall comply with all County Ordinances
and State and Federal laws and regulations.
We understand that the amount of the credit will be based on the appraised fair market value of
the land.
We also acknowledge receipt of your February 22, 2001 letter, together with the approved
document entitled "Archaeological Mitigation Program for the Keauhou View Estates"
(October 1999). With this, the applicant has complied with Condition L of Ordinance No. 96
60, Condition K of Ordinance No. 97 42, and Condition No. 2 of Special Management Area
Use Permit No. 385 relating to archaeological preservation.
.
Mr. William L. Moore
Page 4
June 13 , 2001
Should you have any questions, please feel free to contact the or my staff, Alice Kawalia of
this Department at 961-8288.
Sincerely,
CHRISTOPHER''J. YUEN
Planning Director
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xc: County Council
Planning Commission
West Hawaii Office