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HomeMy WebLinkAboutCOM 0039.001 2000-2002 DEPARTMENT OF PUDLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: March 9, 2001 i~~,C~t4~L~Q;~ZG~ccrT2 TO: Leningrad Elarionoff, Chair Public Works and Intergovernmental Relations Hawaii County Council FROM: Galen M. Kuba, Engineering Division Chief SUDJECT: DEDICATION DOCUMENTS Reference: Communication 39 (Res. 12-01) Resolution Accepting the Dedication of Roadway Lot A, _ along with Three Drywells Subdivision No.: 96-026 _ ~ , Location: Puukapu, Waimea, S. Kohala, Hawaii Tax Map Key: 6-4-01:042 DPW Folder No.: 64157 We transmit nine copies of the following items to clarify questions and concerns raised in the January 9, 2001 committee meeting: 1. Letter to Parker Ranch dated 9/9/98 regarding final construction inspection punchlist. 2. Memo to G. Takase dated 2/1G/99 regarding the review of the dedication deed. 3. Memo to G. Takase dated 3/1/99 regarding the revised and acceptable dedication deed dated 215/99. 4. Memo to G. Takase dated 3/28/00 regarding the re-inspection of subdivision and notice of the security agreement to maintain the grass swales and the bond (security check) to reconstruct the two dry wells. The two dry wells were constructed to dedicable standards at an elevation that would accommodate the future concrete curb, gutter, and sidewalks under the commercial zoning. However, Ordinance No. 99-24 removed (formally condition H) the improvement requirement of curb, gutter, and sidewalks and therefore the two dry wells required reconstruction to meet the future grade without the sidewalks. Note: The two dry wells have subsequently been reconstructed. ~®av~~e N~ ia~ Memo to Leningrad Elariorroff Page 2 March 9, 2001 5. Ordinance No. 99-24 dated 2128199. 6. Security Agreement regarding the maintenance of grass swales by Parker Ranch signed by former Mayor Yamashiro1/31/00. 7. Deed description dated 2/5199. Noie: confusion arose when course 11 was mistaken for course 10. 8. Portion of sheet 4 of construction plan showing the locations of the three (3) dry wells that are to be dedicated to the County of Hawaii. 9. Memo to the Engineering Division from Stanley Haraguchi (inspector) dated 1128/01 that all work for the subject subdivision was completed. Note: the street name sign (Waikelehua Place) has been installed for the subject subdivision. The street name signs that were not yet installed are those for the private roads of a subsequent subdivision. KG Enclosures c: Corporation Counsel (wl enclosures) Planning Department (w/o enclosures) ,MAY OF k~~Y ~LWk- Donna Fay K. Kiyosaki Chid Engineer Stephen K. Yamasltiro Mayo. ~ Jiro A. Sumada ~P,1 F,CF.;N'~T Deputy Chief Engineer C~II>lzrit~r >~f ~r~~tt DEPARTMENT OF PUBLIC WORKS 25 Aupuni Street, Room 202 • Hilo, Itawaii 96720-4252 (808)961-8321 • Fax (806)961-8630 Septernbcr 4, 1998 MR RILEY SMITH PARKER RANCH I' O I30X 458 KAMUELA HAWAII 96743 SUBJECT: FINAL CONSTRUCTION INSP)CCTION Subdivision No.: 96-026 TMK: 6-4-0 l :042 Folder No. ~-1-~ ~04~5'l We will consider roadway dedication once the followirrg items have been completed. 1. Submit dedication deed. 2. Submit dedication location map. 3. Submit as-built tracings and four (4) sets of as-built construction plans including street name. 4. Submit DOH drywell documents: UIC permit application, authorization construct drywells, final engineering report and authorization to operate drywells. 5. Submit surveyor's certification of street monuments. 6. Relocate stopline to a point 8 feet from Marnalalroa Highway edge of pavement line. 7. Clean or replace stop sign (R1-1). 8. Install street name sign when the street name becotnes available. 9. Install street lights. 10. Replace existing 15 mph speed limit signs with 25 mph signs. Speed limit in residential areas other than 25 mph must be approved by the Hawaii County Council. Letter to Riley Smith ' Page 2 September 9, 1998 11. Cleats road of all debris. 12. Cut grass within shoulder area. 13. Dedication field inspection by the Department of Public Works to determine whether repair, mai?itenance, or cleaning is necessary prior to dedication. Should you have any questions or concerns, please contact Kelly Gomes of our Engineering Division at 961-8327. ~ GALEN M. KUBA, Division Chief Engineering Division KG c: Planning Department ENG-KON DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, t-iAWAII DATE: February 16, 1999 r~~L~lrltt3 Z TO: Gerald Takase, Deputy Corporation Counsel FROM: 4.0~ Galen M. Kuba, Engineering Division Chief SUBJECT: DEDICATION DEED Grantor: Trustees of Richard Smart Trust Subdivision: Richard Smart Trust -Parcel 42 Subdivision No.: 96-026 Location: Puukapu, Waimea, S. Kohala, Hawaii Tax Map Key: 6-4-01:042 DPW Folder No.: 64157 ' We gave reviewed the subject deed (enclosed) and provide the following comments: We recommend deferral of dedication until tl~e following are submitted or completed: 1. Revise deed description: Course #11 should read "curve to the right with a radius of 45.00 feet, Include a notary statement for the mayor. Does tl~e notary for the Department of Public require a seal? 2. Submit DOH authorization to operate underground injection wells (a.k.a. dry wells). 3. Rectify all outstanding final inspection punch list items. 4, Completion of dedication field inspection by the Department of Public Works to determine whefl~er repair, maintenance, or cleaning is necessary prior to dedication. The previously submitted dedication location map is acceptable. A copy is enclosed. Please refer questions to Kelly Gomes at ext. 8327. KG Enclosures (deed; location map) c: Parker Ranch (Riley Smith) ENG-KON DBt'Af~TMENT OF PUBLIC WORKS COUNTY OF HAWAII N(LO, HAWAII ~j? / DATE: March 1, 1999 Il L~6?~(7~ L TO: Gerald Takase, Deputy Corporation Counsel FROM: ~ Galen M. Kuba, Engineering Division Chief . SUBJECT: F2EVISED ®E®ICATION ®EED Grantor: Trustees of Richard Smart Trust Subdivision: Richard Smart Trust -Parcel 42 Subdivision No.: 96-026 Location: Puukapu, Waimea, S. Kohala, Hawaii Tax Map Key: 6-4-01:042 DPW Folder No.: 64157 The revised deed dated 2/5/99 you faxed 2/25/99 is acceptable. We concur with DWS that corrections pertain to course #11. We recommend deferral of dedication until remaining items in memo to you dated 2/16!99 are completed. Please refer questions to Kelly Gomes at ext. 8327. KG c: Parker Ranch (Riley Smith) ENG-KON r t,. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 28, 2000 ~~CG1 Z 4~`LG>r~2G~Gf-vt2 TO: Gerald Takase, Deputy Corporation Counsel FROM: Galen M. Kuba, Engineering Division Chief SUBJECT: DEDICATION OF F20AD LOT A Road Lot A: Waikelel~ua Place by Resolution 99-7G Subdivision: Richard Smart Trust -Parcel 42 Subdivision No.: 96-026 Location: Puukapu, Waimea, S. Kohala, Hawaii Tax Map Key: 6-4-01:042 DPW Folder No.: 64157 We have re-inspected the subject subdivision and recommend dedication. This subdivision has a security agreementto maintain the grass shoulders and swales and a bond to reconstruct two dry wells near tl~e intersection of Waikelehua Place and Mamalahoa Highway. Enclosed is the dedication location map. Questions may be referred to Kelly Gornes at ext. 8327. KG Enclosure c: HWY TRF ENG-KON Planning Department Parker Ranch (P.O. Qox 458, Kamuela, HI 9G743) r ~°sQUNTY OF I-IAWA7~ ~ ' ~ S7°~.TE O~ ~.WAII ~ ~ BILL NO. 329 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-11 (LALANIILO - PWKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AND VILLAGE COMMERCIAL (CV-7.5) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-O1:PORTION OF 42. BE IT ORDAINED BY THE COUNCIL OF TI~iEE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classificatioa of property described hereinafter as follows: The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Single-Family Residential (RS-10): parcel 1 Beginning at a 1/2-inch pipe at the Southeasterly comer of this parcel of land, on the Northerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 87.94 feet South and 2,521.35 feet East, thence running by azimuths measured clockwise from True South: 1. 70° 21' 423.69 feet along the Northerly side of Mamalahoa Highway; 2. 160° 21' 10.00 feet along the remainder of Grant 4834 to Kahoohanohano; 3. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 205° 21' 42.43 feet; 4. 160° 21' 30.40 feet along the remainder of Grant 4834 to Kahoohanohano; 5. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 154° 44' 53.83 feet; 6. 149° 07' 146.54 feet along the remainder of Grant 4834 to Kahoohanohano; 7. 59° 07' 305.25 feet along the remainder of Grant 4834 to Kahoohanohano to a rebar in concrete (found); 8. 149° 07' 488.35 feet along Grant 4736 to Hee Akou; 9. 239° 07' 404.02 feet along the remainders of Grant 4834 to Kahoohanohano and Grant 4564 to Kaanaana; 10. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 121° 59' 55.5" 18.00 feet; 11. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 239° 07° 68.82 feet; 12. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 349° 10' 34.5" 27.44 feet; 13. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 325.00 feet, the chord _ azimuth and distance being: 340° 51' 30" 132.28 feet; I4. 352° 36' 61.20 feet along the remainder of Grant 4564 to Kaanaana; -2- 15. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 150.00 feet, the chord azimuth and distance being: 250° 51' 30" 61.05 feet; 16. 239° 07' 306.80 feet along the remainder of Grant 4564 to Kaanaana; 17. 329° 07' 495.87 feet along Grant 4565 to H. Akona to a 1/2-inch pipe; 18. 70° 21' 100.00 feet along the remainder of Grant 4564 to Kaanaana to a 1 /2-inch pipe; 19. 329° 07' 150.00 feet along the remainder of Grant 4564 to Kaanaana to the point of beginning and containing an azea of 10.303 Acres. The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Village Commercial (CV-7.5): Parcel 2 Beginning at a 1 /2-inch pipe at the Southwesterly corner of this parcel of land, on the Northerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 284.84 feet South and 1,969.90 feet East, thence n~nning by azimuths measured clockwise from True South: 1. 149° 07' 231.79 feet along the remainder of Grant 4834 to Kahoohanohano to a spike; 2. 239° 07' 207.17 feet along the remainder of Grant 4834 to Kahoohanohano; 3. 329° 07' 146.54 feet along the remainder of Grant 4834 to Kahoohanohano; , 4. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the - right with a radius of 275.00 feet, the chord azimuth and distance being: 334° 44' 53.83 feet; -3- 5. 340° 21' 30.40 feet along the remainder of Grant 4834 to Kahoohanohano; 6. Thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 25° 21' 42.43 feet; 7. 340° 21' 10.00 feet along the remainder of Grant 4834 to Kahoohanohano; 8. 70° 21' 161.86 feet along the Northerly side of Mamalahoa 1-Iighway to the point of beginning and containing an area of 1.166 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: A. The petitioner, its successors or assigns, shall be responsible for complying with all conditions of the change of zone. B. 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 the change of zone ordinance. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. Prior to commencing construction in the Village Commercial zoned area, Final Plan Approval for the proposed commercial development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall -4- i comply with the Planning Department's Rule No. 17 relating to Landscaping Requirements for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. E. Access to the subject property from Mamalahoa Highway shall meet with the requirements of the Department of Public Works. The entrance roadway sight distance shall meet the requirements of the Statewide Design Manual. F. All proposed residential lots shall access from the interior roadways. No direct vehicular access other than a right turn in from Mamalahoa Highway and a right turn out from the subject property onto Mamalahoa Highway shall be allowed for the proposed commercial lots along the highway, as may be approved by the Department of Public Works. G. Mamalahoa Highway shall be improved with a channelized intersection meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy in the Village Commercial zoned area. [H. The subject property's Mamalahoa Highway frontage in the Village Commercial zoned area shall be improved with curb, gutter and sidewalks, drainage _ ' improvements, and relocation of utilities along the Mamalahoa Highway meeting with the approval of the Department of Public Works, prior to issuance of a certificate of occupancy in the Village Commercial zoned area. In lieu of constructing these improvements, the applicant may pay a fee in an amount equivalent to the cost of the requvred improvements to the County of Hawaii. Said fee shall be used by the County for the construction of similar improvements along Mamalahoa Highway in the vicinity of the project area, as determined by the County.] -5- [17 II. Should the road improvements under the terms of G [and H] qualify as a federally funded project, in lieu of the actual construction, the applicant shall deposit with the County an amount equal to the cost of construction which shall be paid in a manner meeting with the approval of the Finance Director and the Chief Engineer prior to the issuance of a Certificate of Occupancy in the Village Commercial zoned area. (J] I. A Drainage Study shall be prepared and submitted for review and approval to the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. [K] j. A Solid Waste Management Plan for the subject property shall be prepared and submitted for approval to the Department of Public Works prior to securing Final Subdivision Approval. (L] To ensure that the goals and policies of the housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, fiawaii County Code, relating to Affordable Housing, for • all residential lots that are not set aside for employees of the applicant who meet the prevailing income criteria for an affordable home. [Mj .Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been -6- taken. [N] M. (The applicant shall make its fair share contribution to mitigate the potential regional impacts of the residential lots within the project which are not set aside for employees of the applicant who meet the prevailing income criterion for an affordable home with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. 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 applicable lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the single family residential zoned lands or its increments. The fair share contribution for each single family residential lot shall be based on a maxim density for each applicable lot as determined by the zoning resulting front ibis change of zone. The fair share contribution in a form of cash, land, facilities or any coffibination thereof shall be determined by the County Council. Tbe fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the )Honolulu Consumer Price Index (I:iCPn. In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to roads, park, fire, police and solid waste disposal facilities within the region impacted by the proposed development with the approval of the appropriate agency(ies). Any contributions required by this ordinance and Ordinance No. 96-117 relating to the Parker Ranch 2020 project that exceed the fair share requirement of these proposed developments shall, at the applicant's request, be crcdited towards any of the applicant's developments that require infrastructural impact contributions.] The applicant shall makke its fair share contribution to mitigate potential regional imR~~s of the resid~,tial lots within tl~e nroiect which are not set~sid~~r ~lglovees of the atinlicant who meet the prevailing income criteria o an -7- affordable home with respect to roads narks and recreation fire police and ~Iid waste disnos I facilities. The amount of the fair share contribution shall be the sum which is the prod of muItiplyiDg the number of residential lots pr~.posed to be subdivides by the amounts allocated hereinbelow for each such lot and shall become due and oavable prior to final subdivision,~~nroval for anv portion of he subject~rop,~,}~or its increments. If the subjgc~t property is subdivided in two or more increments. the amount of the fair share contribution due and„pavable,prior to final subdivision ap~?roval, of each increment shall be a sum calculated in the same manner according to the number of nro~osed residential lots in each sixth increment Th fair Share contribution in a form of as land. facilities or anv~gmbi~tion thereof, ac~ept?ble to Lhe di c or in sotLUltation withh the affected agencies. shall be determined by the County ('~uncil The fair share contn'bution shall have a maximum combined value of $7 2 9 16..~r tin e-f mi dential_ t[.nit. Based upon the applicant's ~gnresentation of intent to develop~p to eight (81 residential units the indicated total of fair sha contribution it 7,913 28 for svngle family residential units. However twhe total amount ehatl be increased or reduced in proportion with the actual number of units according~o t_he ~alcuiation and payment provisions set forth in this Condition M The fair share contribution shall be allocatesl_a_s follow,s~ -Is $3 490 85 per singl~i1y residential unit for an indicated total of 27,926 80 to the County to suvn, Ort Dark and recreational i~plovements and facilities: ~ ~I68 40 per single-familyresidential u it for an indicated total of $1 347 20 to the~_n~y to support police facilities: ~ $332.61 r Ingle-familX residential uric fo an indicated total Q~ $2 660 88 to the Countx to support fire facilities' ~ 14 6 er single-family residential unit for an indicated total of ~~,164 96 to the County to s~poort solid waste facilities• and -8- a 101 68~gr singl -f wily residential unit for an indicated total of 524.813 44 to the State,~r Coun to support road and traffic improvements. The fair share contributions described above shall be adjusted annual bggj naming three years after the effective date of the change of zone. based on the percentage change in the Honolulu Conumer Price Lndex (}~Cp..l~. In lieu of p~ylag the fair share contribution. the applicant may construct and contribute improvements/facilities related to parks and recreation. fire. police. solid waste di~posai facilities and roads wi the region j~ c~a ted by the ~r_oposed development subject to the approval of the director. The cost of providing and cnnstn,cr;na the ;mprovements required in ConditioA,~ E F and G shall be credited against the sum sPgcified in Condition M (~l for road and traffic improvements For purposes of administerin~~Condition M. the fair market value of land contributed or the cost of a_n_y improvements required or made in Lieu of the fair share contribution shall be subject to review and appgoval of the ~jrector upon consultation with the appropriate a envies. A11~contributions required by this ordinance and Ordinance 96-117 relating.to the Parker Ranch 2020 projPer that exceed the fair share ~gauirement of these proR4sed development shall at the applicant's request, be credited towards any of the ~DDllcant's developments that require itLfrastructural impact contrib.~tior~s, . uDO.., n approval of the fair share contributions or in lieu vontributi~ns by the director the director shall submit a f na_I report to the Council for its information that identifies the ~pe~ifc approved fair share and/or in lieu contributior~ as allocated an further implementation requirements [O] j~.Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria -9- far the imposition of exactions or assessments of impacts fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. [PJ Q. Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. [Ql An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. [RJ Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance (i.e. , a condition to be performed -10- within one year may be extended for up to one additional year). [S] Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED Y: ' - ~ Cc~~~ " COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: [vavember 18, 1998 Date of 1st Reading: t3oveml~r 18, 1998 Date of 2nd Reading: February 17 , 1999 Effective Date: ~~~~ud~-y 2 8 , 19 9 9 R~FFRFNC~ Comm. PPR ED AS TO FORM AND LEGALITY CORPORAT~I,O/N COUNSEL DATED: ~f 2 3~~~ -11- -.f. / /i ~ ~i I I I ~ w . i. p - ~r, A I I w ~ ~ w f • A f w • ; ` •'f• I . I 4 r I A I CN 1.! Cy ~ I I i , O ~ ~ CM 1.f ~ / I Af•~ CM 1.f I 4° 7° ~ CY-10 KO^+ueb ; I cNi-t. I Cv so I ~ C M t. f ~Ai1A~ A- f _-n~97y~ [ S i , I ~ CN ~O I O CN t.f ~~RY tS If I ! [S IO CM t.f A A1• A-1• CM1.f O rO HOn y y A s . 0 284.84 S 87.94 5 1,969.90E 2.521.35E A . , . W£ST @J~S~ ~ ~ WEST 3IlSE' 0 es to Y O r A • ! • es • .o A • s. PARCEL 1 is •.o A,GRI(~JLTURJ?1. (A-5c) es io TO 51NGLE-FAIdILY R>:SiDENTLRL (RS-10) AAA: 10.303 lLC8f3 A - 1 A-'' PARCEL 2 ~urA-F,~O A8aR1CllLTIdRAL (A-Sa) TD VILLAGE ~o CC~4l~lERCIAI. (CV°7.5) AE~At 1.1 ~ A~3 es-lo cs-lo I I ~MN~~9~T T~ ~~NI~~ G~~- AMENDING SECTION 25-8-i 1 (LALAt~ILO - PUUKAPU ZONE l~AP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODEt BY CHANGING THE DISTRiC7 CLASSIFICATION FROM AGRICULTURAL (A-5®) TO SINGLE-FAMILY RESIDENTIAL (RS-10) AND VILLAGE COMI•AERCIAL (CV-7.5) AT PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII. PREPARED ®Y PIANNING DEPARTI,AENT COUNTY OF HAWAII T?.IK 6-4-01: Portion of 42 OCTOBER 7, 1998 j (PARKER WV+C?i.lnc.) EXHI®IT A" „rFICE OF THE COWTY CLERK County of Hawaii Hi ~ o ,Hawaii ROLL CALL VOTE- AYES NOES ABS EX Introduced By: 3obby Jean ~e~ `^ead-"'odd Arakaki ~ Date Introduced: November '_8, 1998 Chung X First Reading: November 18 , 1998 ElarionofT X Published: November 30, 1998 Jacobson X Leithead-Todd X REMARKS: Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 (DRAFT 3) Second Reading: February 17, 1999 ROLL CALL VOTE To Mayor: February 19, 1999 AYES NOES ABS EX Returned: March 4 , 19 9 9 X Ef=fective: February 28, 1999 Chung X Published: March 10 , 19 9 9 ElarionoPf X Jacobson X REMARKS: Deferred - 12/23/98 X Leithead-Todd Pisicchio X Smith X Tyler X y~~g X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO AN LEGALITY• PUTY CORPORATION COUNSEL - COUNTY OF/HAW/ApII CIL CHAIRMAN Date Z( 2- 3( 1 OUN LERK Approved/11ise{~veved this ~ ~ day BiIINo.: 329 (Draft 3) ~l(( - ~~.r~~V~~~ A1.4YOR. COU11(~Y OF HAW,411 Reference: PC-'_ 61 /C-104 8 Ord. No.: ~ ~ ~ SECURITY AGREEMENT THIS SECURITY AGREEMENT, made, executed and delivered this loth day of March , 1998, by and between the COUNTY OF HAWAII, whose business address is 25 Aupuni Street, Hilo, Hawaii, hereinafter called the "County", through its Department of Public Works, and the RICHARD SMART REVOCABLE PERSONAL TRUST, hereinafter called the "Developer", whose business address is Parker Ranch, 67-1185 Mamalahoa Highway, Kamuela, Hawaii. WITNE ETH: WHEREAS, the Developer is constructing a County dedicated roadway in connection with the subdivision of that certain real property situated at Puukapu, Waimea, South Kohala, County and State of Hawaii, identified by Tax Map Key No. 3rd Division 6-4-001: 042, hereinafter called the "Parcel 42 Subdivision"; and WHEREAS, in order to retain the rural character of Waimea, the Developer desires to construct said roadway to include a 20-foot wide paved travel way with 15- foot wide grassed shoulders on either side, all in accordance with the Typical Road Section detail attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the County normally requires the shoulders of a roadway to be paved; and WHEREAS, the County has agreed to permit the Developer to construct the roadway within Parce142 Subdivision with 15-foot wide grassed shoulders in accordance with the Typical Road Section detail attached hereto as Exhibit A upon the condition that the Developer's obligations to complete and maintain the specified improvements be secured by a good and sufficient surety bond (other than personal surety), certified check, or other security acceptable to the Chief Engineer of the Department of Public Works and approved by the Corporation Counsel. NOW, THEREFORE, the parties hereto agree as follows: 1. The Developer agrees to construct the Parcel 42 Subdivision roadway in accordance with the Typical Road Section detail attached hereto as Exhibit A. The establishment of shoulder grassing shall be completed within six (6) months of the dedication to the County of the 20-foot wide road travel way. 2. The Developer agrees that it shall provide or, by deed covenant require a Parcel 42 Subdivision lot owner to provide, paved and widened driveway aprons at all mailbox locations within the County right of way in accordance with one of the alternative layouts attached hereto as Exhibit B and incorporated herein by reference, as approved by the Postmaster of the United States Post Office in Kamuela, Hawaii. 3. The Developer agrees that it shall maintain, or by deed covenant require the Association of Parce142 lot owners to maintain, the 15-foot wide grassed shoulders on either side of the Parcel 42 Subdivision roadway in accordance with the Typical Road Section detail attached hereto as Exhibit A. Said maintenance shall include, without limitation, grass cutting, repair and/or backfilling of any and all rutted areas, and periodic grading and regrassing of the shoulders to ensure that there is adequate drainage in the event that there is an accumulation of soil runoff within the roadway shoulder areas. 4. The Developer further agrees to be responsible for maintaining three (3) roadway drywells (as shown on the Parcel 42 Subdivision roadway construction plans approved by the County) for a period of six months or until the turf is established whichever occurs later. Thereafter, the County shall accept dedication of these three (3) drywells from the Developer from which time on the County shall be responsible for the maintenance thereof. 5. In order to secure the performance of the above obligations, in lieu of a surety bond, the Developer has agreed to grant the County a security interest in real property having a tax assessment value equal to 150% of the cost of constructing 15- foot wide paved shoulders in accordance with Standard County Typical Road Section details. The Developer therefore hereby grants the County a security interest in all of the following property in which the Developer now has any rights: That certain 46,391 square foot parcel of land known as Lanakila Park, situated in Waimea, South Kohala, Island and County of Hawaii, State of Hawaii, identified by Tax Map Key No. 3rd Div. 6-5-003:005. The Developer grants the County the right to sell the above mentioned secured property to satisfy any unfulfilled obligations to maintain the 15-foot wide grassed shoulders of the Parce142 Subdivision roadway, as provided herein. Should a property sale be necessary, the Developer further guarantees to pay the County an amount by which the cost of reconstructing the Parcel 42 Subdivision right of way with 15-foot wide paved shoulders (in accordance with the standard County Typical Road Section detail) exceeds the proceeds from the sale of said secured property. Provided, however, that in the event that the Developer elects to satisfy its obligation hereunder by paving the shoulders in accordance with the standard County Typical Road Section detail and dedicate the same to the County then, in such event, this Security Agreement shall terminate upon the County's acceptance of the dedication of said paved shoulders, the Developer shall have no further obligation hereunder and the County shall have no further security interest in the secured properties. Further, the parties hereto agree that the Develaper may, from time to time, amend this Security Agreement by providing the County with (i) security interest in substitute properties acceptable to the County or (ii) other types of security interests satisfactory to the county. Moreover, the parties agree that (i) pursuant to Exhibit C attached hereto, the cost of reconstructing the Parcel 42 Subdivision right of way with said 15-foot wide paved shoulders is estimated at $70,000 and (ii) pursuant to Exhibit D attached hereto, the current assessed value of the secured property is TWO HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED THIRTY AND NO/DOLLARS ($233,330.00). Therefore, since the assessed value of the secured property greatly exceeds 150% of said reconstruction costs, the parties hereby agree that the Developer can use the secured property as security under similar agreements with the County to the extent that the assessed value of the secured exceeds 150% of the cost of said reconstruction of the right of way shoulders, i.e., exceeds ONE HUNDRED TWENTY-EIGHT THOUSAND THREE HUNDRED THIRTY AND NO/DOLLARS ($128,330). IN WITNESS WHEREOF, the Developer has executed this Security Agreement the day and year first above written. RICHARD SMART REVOCABLE PERSONAL TRUST: By Its Trustee By Its Trustee B y ~t~:~~-~-~ .rte-s..~ Q' Its Trust "DEVELOPER" COUNTY OF HAWAII By TEPHEN K. AMASHIRO Its Mayor APPROVED AS TO FORM AND LEGALITY: G LD TAKASE Deputy Corporation Counsel 4 STATE OF HAWAII ) ss: COUNTY OF HAWAII ) On this 29th day of February 2000, before me, Myrleen K. Kaloi, the undersigned Notary Public, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affized to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed on behalf of County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. RLEEN K. LOI Notary Public, State of Hawaii My commission expires: 2/16/2001 1- . S *DESCRIPTION OF DOCUMENT* TITLE OR TYPE OF DOCUMENT:-SECURITY AGREEMENT- DOCUMENT DATE : -3/20/98- NUMBER OF PAGES : 10- PARTIES TO DOCUMENT : -COUNTY OF HAWAII/RICHARD SMART REVOCABLE PERSONAL TRUST- . E~iIBIT A I _ I < ~ ~ o ti ~ I ~ + ~ ~iJo< V J y~ ed ~ o i N ~ ~d 1 ~ ~ ~ I ~ t ~ ~ ~ O ~ ~ - ~ ~ ive 1~ p ~ y~.J ~ ~ ~ t~'~.' ~ Y~ ~ I ~ i ~ J N h ~ ~ ~ ~ ~ ~ H ~ U se ~ ?.1 V2 V ~ ~ ~ ~ ~ ~ ~ ~ ~v ~ ~ ~ ~ ~ i Z'j d ~ F U ~ < 4 W S yq N ~ N 5 ~ ~ ~ ! ~ o~~~ ~ ter ~o ~ ao~ U).! ~ ~ II Q \ I U i o~ I I ~ N rv j yob~ ~ W W W ' 9 N h' ~ ~ ~ ~ V ~ ,P ~ t ~ v f7 ~ CC I ~ W 4 ~ I g an Z~ ~ V 2 04C~ ip l y ~s V1 T. N N ~ ~ I ~ J O ~ N ~~'NO w r- ~ x V K i N LL' I ` ~~'ViD 1+ 1 1 h E7~iIBTT ~ ` i `~3 I ~ ~ > 'b . ~ ® ~ ® ~ ~ ~ ~ ~ ~ ~ ~ ~ t~ ~ ~ ~ ~ ~ 4 .w ° s i i'~° . ~ ~ ~ ,e ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ' ~ ~ ,~a ~ ~ 1 ~ , ~c u ~ ~ EXI-IIBIT "C„ Estimated Cost to Construct A.C. Pavement with Base Course Subdivision No. 96-026 cul-de-sac of 880' length w / 15' wide.,grassed shldrs (880' * 2 * 15'=2935 SY) Estimated Description Unit Quantity Unit Price Amount Excavation CY 490 $20.00 $9,800.00 Subgrade (prep) SY 2935 $3.00 $8,805.00 Base Course CY 325 $70.00 $22,750.00 A.C. TON 345 $80.00 $27,600.00 Total G 9 5.0 Say $70,000.00 EX]FIIBIT "C" _ EXHIBI°I' "D" r IXTilEH1Y HfF HIY iiE1~l. PR®P£ATY OYY. ~ ~ PIIi.f~1l Si~tEET u.s. ro:taaat r~ ' HIIA. 9872'0-4678 seeo.sax nzvzezae ceuoanr or nru~z ssaa~ s~oRwrr~ao a e~aoaESS cos~cno4a ~ ~ . 11fOTJCE OF PROPERTY ASSESSR~NT ®139T THIS lS NOT A elLL i - c - r ° 232*~ Z~o~ 0 243,$00 ..'~s~ a. 46,391 F OTf'H&R(1 TR94~T ii~~9 fiC0Y0C1CTIAl Il~l~~~ll9Q~aae1«il~l~~Ll~~~~i ~ ~r ~ e~ mr ~s~ ~ t9~e Tax Ksy Atoaer~: s-s-OQCi-~S-Q000 ~0 t~JHiY HII . - is Tt~ n~ ~ Boa/ ~ Q ~a oo~ i n,acn~ s~ oz sus ~s u,®a~ xxa~, tn®d ay rte. x. ®t at aocs~a ~ tatlgk . • mss i c;ITY 1 SS)lY'E / ~ 4 f CQUNYRY (Fa~n1_,,,_ i S1G8dATl9RE OV1YfiAA~PtiOfdEl ) ~ ~ If7T A IAND SI'IiTATID ON THE PIORZflERLY SIDE OF l41NQ~IAHOA HIGHWAY AT P(~AF°U, {~A, SOUII{ KOHAIA, ISIAPID OF HAWAII, HAFIAII BEING PORTIOIIS OF GRAPY 4564 7~D K7+ANAANA AND GRAPY 4834 'Ili . BEIYdG, ALSO, POFrITONS OF LL7PS 48 AP1D 49 OF PUUKAPU fiONIESTFADS, FIRSP SERIES Beginning at a i/2-inch pipe at the Southeasterly corner of this parcel of lard, on the Northerly side of Nlamalahoa Highway, the coordinates of which referred to Govexrm~ent Survey Triangulation Station 11WESP BASE"~ being 193.42 feet South and 2,225.93 feet East and nanriirxl by azi~ths measured clockwise from True South: 1. 70° 21' 110.00 feet along the Northerly side of P9amalahoa Highway to a 1/2-inch P1P°-' i 2. 160° 21' 10.00 feet alor~ the remainder of Grant 4834 to to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohana, on a au.-ve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 3. 205° 21' 42.43 feet, to a 1/2-inch pipe, thence; 4. 160° 21' 30.40 feet alor~ the remainder of Grant 4834 to Kahoot~anohano to a 1/2-inch PiP°; thence alorr~ the remainder of Grant 4834 to Kahoohanohano, on a auve to the left with a radius of 275.00 feet, the chord azimuth atxi distance being: 5. 154° 44' 53.83 feet, to a 1/2-inch pipe, thence; 6. 149° 07' 270.30 feet along the remainde= of Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Katioohanohano, on a alive to the right with a radius of 325.00 feet, the chord azimuth and distance being: 7. 160° 51' 30" 132.28 feet, to a 1/2-inch pipe, thence; 8. 172° 36' 126.20 feet along the remainder of Grant 4834 to Kahoohanot?ano, to a 1/2-inch / pipe; ~1 ~ I ~1 ~ I~ , q ~ thence along the r~nai~ters of G~~Gd ~ ~ r Grant 4834 to aYY1 t~ + Grant 4564 to Kaanaana, on a ctiu.'ve h _ to the left with a radius of 275.00 feet, the c3~ord azimuth and distance being: 9. 160° 51' 30" 111.93 feet, to a 1/2-iric:h pipe; thence along the remainder of Grant 4564 to Kaanaana, on a curve to the COUrSe 10 left with a radius of 40.00 feet, the chord aziimxth arXl distance being: 10. 129° N ' 03' 25.5"' ' ' - 27.44 feet, to a 1/2-lndZ pipe; resumed course 10 the along the remainder of Grant p _ ~ 4564 to Kaanaana, on a curve to the right with a radius of 45.00 feet, ~ the chord azi~th arxi distance course 11 11. 239° 07' 68.82 feet, to a 1/2-inch pipe; . _ ~ thence alorr3 the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 12. 349° 10' 34.5" 27.44 feet, to a 1/2-inch pipe; thence along the remainder of Grant 4564 to Kaanaana, on a au~ve to the right with a radius of 325.00 feet, the chord azimuth and distance bei~: 13. 340° 51' 30" 132.28 feet, to a 1/2-inch pipe, thence; 14. 352° 36' 126.20 feet along the remairxiers of Grant 4564 to Kaanaana and Grant 4834 to to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a au.-ve to the left with a radius of 275.00 feet, the chord azimuth arr3 distance beim~: 15. 340° 51' 30" 111.93 feet, to a 1/2-inch pipe, thence; 16. 329° 07' 270.30 feet along the remainder of Grant 4834 to , to a 1/2-inch ' Pipe thence alorg the remaitxler of Grant 4834 to Kahoohanohano, on a curve to the right with a radius of 325.00 feet, the chord azimuth ar?d distance being: 17. 334° 44' 63.62 feet, to a 1/2-inch pipe, thence; 18. 340° 21' 30.40 feet along the remairxier of Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 19. 295° 21' 42.43 feet, to a 1/2-inch pipe, thence; 20. 340° 21' 10.00 feet along the remainder of Grant 4834 to Kahoohanohano to the point of be<7inning and oontaininq an area of 1.070 Acre. n~N S. TF~o .y Description Prepared By: / ~ ,;::;,~r„ FNGINEE32.S SURVEYORS HAFIAII, INC. , 1 1 V ~ J S. 'Perada 900 Halekauwila Street ~ Professional I~txl Surveyor Honolulu, Hawaii 96814 Certificate Number 5080 FebruaLy 5, 1999 95-125 _ 1 ~ - ~ r C ~ ~.,1' ~ ti ~ ~ ~ "S ~ ~ ~ 1 .ra ~ ` z~ - ~ ~i d~ Q d I I f4J`1V ~ ` Ii ' L` ~ ~ ` ' ` i ~ - , V Yi u ~ { i., ~ ~i s~, 1 S' 1 6 590 r Z J Z~C ~ Q ti,,.~ 1 \ i, a ~ o Z - Ndu: ~j N O` f.- Opp i ~i d p ` ~ O `C c X ` N y, ; ~ ~ ~ ll- W iS o° o ';o } 1 ~ J T-~ a O oo~' ` -PWO)r ~ VM - _ s. ~ " ~ ( ~ r . ~ a o~ ~ .tix5 n ~ ~ , , - y ,..i, a , 1. 11 1_ ®EPART1rAENT ®F PUBLIC VIP®RKS COUNTY OF HAWAII HILO, HAWAII DATE January 28, -288A- e u T dal To :Kelly Gomes Engineering Division Department of Public Works FROM :Stanley Haraguchi Department of Public Works Engineering Division Kona SuB.lEC7 ;DEDICATION FIELD INSPECTION .Subdivision: Richard Smart Trust-Parcel 42 Subdivision No.: 96-025 Location : Puukapu, Waimea, s. Kohala, Hawaii Tax IVlap Key: 6-4-01-042 DPW Folder No.: 64157 Inspection of Subdivision was done again on January 26, 2001 and found that all work for subject Subdivision was done except for the street signs for roads. Spoke to Mr. Bobby Hons of Willocks Construction and he said that the street name -7. si_ cans did-not arrive as yet and soon as they receive them, he assured me that they will install them as per plans and specifications and will call us for confirmation of installation. Questions may be referred to Stanley Haraguchi at 327-3530 JV KE ~ `30`0 1 C~ ~NG~.~-c fin. s ~rG~n ~ '~c~ ~ ~`-~sc. a~f c. '"~-c. i'~ ° ~ . o z S ~aS~o~-, C~~-ozs~ .