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HomeMy WebLinkAboutCOM 0477.000 2000-2002 a1~~Y;.~' ~:~y. Harry Kim ~ ° iV~ Dixie Kaetsu Mayor Managing Director ~ _a. - ~ ~ s ~ ~ Peter T. Young °®~°ee?'B1 j ~ ~ P.'D~r~y ~p{e¢tging Director ~y~tl"t f t 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 • F~rea~B}p~8~9~1 j655,~! ~ ' KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 961 (808) 329-5226 • Fax (808) 326-5663 January 9, 2002 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: Proposed Street Name -Hale Ke`eke`e Subdivision Ala Ke`eke`e Place Tax Map Key: 8-1-3:32-34; portion of 50 (SUB 7276) Amendment to Change of Zone Application (REZ 00-013) Applicant: Kam Center Specialty Corporation Request: Agricultural (A-20a) to Family Agricultural (FA-Sa) Tax Map Key: 7-3-24:1 and 2 Change of Zon€ Ordinance No. 96-117 (REZ 715) Applicant: County of IJawaii -Dept. of Parks & Recreation Request: Amend- Condition. C ~f Drclinance Na. 96-117 Public: Park and Kecreational .Purposes Site(s) Tax ?vlap hey: 6-2-1:9; 6-7-1:por of 25; 6-7-2:9, 48 ~i por of 17 & 6-8-l:por 1&8 State Land Use Boundary Amendment Application (SLU 01-007) Request: Agricultural to Urban Change of Zone Application (REZ 01-014) Request: Agricultural (A-Sa) to Neighborhood Commercial (CN-10) Applicant: David S. DeLuz, Sr., Enterprises Profit Sharing Plan Tax Map Key: 7-3-S:Portion of 32 and 33 State Land Use Boundary Amendment Application (SLU 01-009) Request: Agricultural to Rural Change of Zone Application (REZ 01-017) Request: Agricultural (A-Sa) to Residential & Agricultural (RA-2a) Applicant: Phil Delmer Tax Map KeX: 6-2-11:8 , ~r>rn€° 2oT~ _ _ _ _ l! ~tl~ Igo. Ref° fio: I~ef. I3~t~ _ _ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 January 9, 2002 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, A Harry Kun Mayor L120701 Enclosures cc: Planning Department Ha K1Yt1 ~~~tv.oa N,~ rry ~ 9. Mnya. yldJ~i ,f a;`-;; ~ 1~:-1YL•M :J P ?t OF ~PeO'~ ~®>~~x~~ ~w~ii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax (808)961-8742 „y, Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-117 (REZ 715) Applicant: County of Hawaii -Dept. of Parks & Recreation Request: Amend Condition G of Ordinance No. 96-117 Public Park and Recreational Purposes Site(s) Tax Map Kev: 6-2-1:9: 6-7-1:por of 25; 6-7-2:9, 48 & for of 17 & 4-~ ~:por 1 & 8 The Planning Commission, after a duly held public hearing on December 6, 2001, voted to recommend for your approval the proposed legislative bill to amend Condition G (Public Park and Recreational Purposes Sites) of Change of Zone Ordinance No. 96-117, which amended Change of Zone Ordinance No. 92-65 for Parker Ranch, Inc. The subject ordinances cover the development of the Parker Ranch 2020 Plan which included approximately 25 acres of industrial lands, 100 acres of commercial lands, 218 acres of residential lands and over 30 acres of parks and open space. The request to amend Condition G provides flexibility in determining the location of the park and recreational purposes outside of the geographical area covered by the ordinance. The current wording requires that the sites be situated south of the Waimea Airport and the Waimea Business Park. The subject areas covered by the ordinance are situated in the Waimea, Lalamilo, Puukapu, Lanikepu, Waikoloa and Ouli, respectively, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: Change of Ordinance No. 96-117, which amended Ordinance No. 92-65, governs the development of the Parker Ranch 2020 project in the Waimea area. Condition G of the ordinance, required Parker Ranch to provide approximately 30 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 acres of land for public park and recreational purposes outside of the geographical area covered by the ordinance, provided the site was located south of the Waimea Airport and the Waimea Business Park. The Department of Parks and Recreation in discussions with Parker Ranch, Inc. has identified two possible sites which are located north of the Waimea Airport. The two separate areas being looked at are approximately 1) 25 acres south of the Lalamilo Farm Lots and 2) 5 acres of land along the Waikoloa Stream as part of the right-of--way for the Waimea Trails and Greenways project. The applicant's request to amend Condition G in regards to securing flexibility in locating the park and recreational sites is the result of conditions which could not have been foreseen or are beyond the control of the applicant. Although, the intention was to locate a regional park outside the development area, the Department of Parks and Recreation has expressed a preference to have the park located north of the Waimea Airport in the vicinity of the Lalamilo Farm Lots. Ongoing discussions between the Department of Park and Recreation and Parker Ranch, Inc. have identified the possibility of two sites north of the airport, which include a 25-acre site in the vicinity of the Lalamilo Farm Lots and a 5-acre area along the Waikoloa Stream as part of the right-of--way for the Waimea Trails and Greenways. It is proposed that Condition G be amended as follows: "(G) the applicant shall provide 30 plus or minus acres of land for public park and recreational purposes outside of the geographical area covered by this ordinance, provided that the site(s) be situated south of the Waimea Airport and the Waimea Business Park, unless mutually a eed 1Q the ~plicant and the Planning Director, in ~gns~zltation with the D~artment of Parks and Recreation. The applicant shall identify the proposed site(s) prior to the receipt of tentative subdivision approval of the first residential increment of the subject property. The Planning Director, in consultation with the Department of Parks and Recreation, shall review and approve the location of the site(s) prior to final plan approval or final subdivision approval of the three hundredth(300`") residential unit/lot within the RS and/or RM zoned areas of the subject property. Furthermore, said site(s) shall be dedicated to the County upon its request. The value of dedicated land and any improvements provided on the said site(s) shall be credited against the applicant's fair share contribution of the parks and recreation assessment required in Condition H herein;" Approval of this amendment request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 applicant has either complied with, or initiated the process of compliance with other conditions of approval within the subject Change of Zone Ordinance No. 96-119 of the project site. Although optional sites are presently being looking at, the approval of this request does not imply that the selection of the actual park and recreational sites has been made. This request to amend Condition G for flexibility in identifying a site(s), does not involve the actual selection of a site, which would occur at a later date, in consultation with the Planning Director prior to final plan approval or final subdivision approval of the 300`" residential unit/lot within the RS and/or RM zoned areas. Therefore, a favorable recommendation on the request to amend Condition G will be consistent with the original reasons for the granting of the change of zone. For your favorable consideration, an amendment to Ordinance No. 96-117, which amended Section 25-95a (North and South Kohala Districts Zone Map) and Section 25-95e (Lalamilo- Puukapu Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance No. 92-65 is transmitted. We are enclosing a copy of the staff background for your information. Sincerely, ~~--yy U~ Geraldine M. Giffin, hairman Planning Commission Lp&rsmartrez715#2PC Enclosures cc: Patricia Englehard, Director/P&R Mr. Carl Carlson Department of Public Works Department of Water Supply Planning Department - Kola Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BP&RparkerRanchOlskg-11/27/01 C OUIOTTY OF I3t~~VAII PLA1®TATIIOTG DEP~TIVIEN'~ ~ACI~GI20IJI~1D IPOI~T COUNTY OF IIAV6~AII DEPARTMENT OF PARKS AND RECREATION (REZ 715 AMENDMENT TO CONI3ITION G (PUBLIC PARK AND RECEATIONAL SITES) CIIANGE OF ZONE ORDINANCE NO. 96-117, VVIIICII AMENDED ORDINANCE NO. 92-65 COUNTY OF IIAWAII _ DEPARTMENT OF PARKS AND RECEATION has submitted a request to amend to Condition G (Public Park and Recreational Purposes Sites) of Change of Zone Ordinance No. 96-117, which amended Ordinance No. 92-65 for Parker Ranch, Inc. The subject ordinances cover the development of the Parker Ranch 2020 Plan which included approximately 25 acres of industrial lands, 100 acres of commercial lands, 218 acres of residential lands and over 30 acres of parks and open space. The request to amend Condition G provides flexibility in determining the location of the park and recreational purposes outside of the geographical area covered by the ordinance. The current wording requires that the sites be situated south of the Waimea Airport and the Waimea Business Park. The subject areas covered by the ordinance are situated in the Waimea, Lalamilo, Puukapu, Lanikepu, Waikoloa and Ouli, respectively, South Kohala, Hawaii, TMK: 6-2-1:9; 6-7-1: Portion of 25; 6-7-2:9, 48 and Portion of 17; and 6-8-1: Portions of 1 and 8. The property is located on the northwest (makai) side of Mamalahoa Highway opposite the Puu Lani Ranch Subdivision at Pu`uanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-5: 9, 10, 22, 26, 28-34, 39-41, 58 & 59. GENERAL INFORMATION 1. Land Ownership: The subject properties affected by Change of Zone Ordinance No. 96-117 are owned by Parker Ranch, Inc. DACKGROUND INFORMATION 2. April 20, 1987 -The State Land Use Commission (SLUG) issued its Decision and Order to a petition (LUG Docket No. A86-601) filed by Richard Smart Revocable Personal Trust to redesignate the State Land Use District boundary from Agricultural to Urban for approximately 404.34 acres for the proposed master planned development ~_~li~(r.3,; of the Parker Ranch 2020 Plan. 3. June 15, 1992 Effective date of Ordinance No. 92-65 which rezoned lands in and around the village of Waimea for the proposed master planned development of the Parker Ranch 2020 Plan. Changes included the approval of additional RA-la, RS-7.5, RS-10, RM-5.0, CV-7.5, ML-20 zoned lands. The master plan was designed to maintain the area's ranching heritage while meeting the existing and future needs of the Waimea community for the next 35 years. 4. July 3, 1996 Effective date of zoning for the subject ordinance based on the fact that the water source at Parker Well No. 1, located north of Church Road, was completed and ready for the pump and piping improvements which would connect this source to the County water system. 5. September 26, 1996: Effective date of Change of Zone Ordinance No. 96-117, which amended the original Ordinance No. 92-65. The original Rural/Residential Area was deleted and rezoned back to its previous Agricultural (A-40a) zone designation, and the zoning designations in the Town Center Area were amended to conform with updated changes to the Parker Ranch 2020 Plan. The revisions reduced the residential density from 997 to 729 residential units and provided for 30 acres of land for public park and recreational purposes off-site and south of the Waimea Airport and Waimea Eusiness Park. It also amended certain conditions within Ordinance No. 92-65. The amendments were instituted to ensure that Parker Ranch was in compliance with the performance conditions, amended certain conditions to allow for a more efficient phasing of the project to ensure that impacts of the project were addressed in a way that was fair to both the County and to Parker Ranch. (See Exhibit A Conditions of ®rdanance No. 96-117 and snap of area) AI'PLICANT'5 REQUEST 6. Request: The Department of Parks and Recreation submitted a letter to request that Condition G of Change of Zone Ordinance No. 96-117 be amended to allow flexibility in selecting the park and recreational site(s) as required by the ordinance. Parker Ranch, Inc. concurred with the request by co-signing the letter submitted. Although, -2- _ _ the intention was to locate a regional park outside the development area, the Department of Parks and Recreation has expressed a preference to have the park located north of the Waimea Airport in the vicinity of the Lalamilo Farm Lots. Ongoing discussions between the Department of Park and Recreation and Parker Ranch, Inc. have identified the option of two sites north of the airport, to include a 25- acre site in the vicinity of the Lalamilo Farm Lots and a 5-acre area along the Waikoloa Stream as part of the right-of--way for the Waimea Trails and Greenways project. Please note, however, that this request to amend Condition G for flexibility in identifying a site(s), does not involve the actual selection of a site, which would occur at a later date, in consultation with the Planning Director prior to final plan approval or final subdivision approval of the 300"' residential unit/lot within the RS and/or RM zoned areas. 7. Additional Information: In support of the request, the applicant submitted the following: (See Exhibit ~ ®Letter dated September 17, 2001 with map requesting an amendment to Condition G of Ordinance No. 96-11`~ 8. Annual Progress Report: In compliance with Condition K, the applicant has submitted as annual progress report. (See Exhibit C _ Letter dated November 13, 2001 providing 2001 Annual Progress Report) AGENCIES' COMMENTS 9. Police Department (November 26, 2001 Memo): "Staff has reviewed the above-referenced proposal and found that there are no concerns regarding the proposed request." 10. Fire l~partment (November 20, 2001 Memo): "We have no comments regarding the above-referenced Change of Zone Ordinance. " AGENCIES - NO RESPONSE 11. Department of Public 6Vorks, Department of Perlis and Recreation, Real Property Tax Office, State Department of I~ealth, and Department of Transportation, Waimea Community Association. -3- PLTPLIC COl0~dl0~IENTS 12. William Paakaula Kalawaianui: Submitted four (4) large maps with attached statement on map of High Chiefess Grace K.W. Kahoalii Dead -Traced Descent to Keawe, King of Ancient 1-Iawaii. (See Exhibit D -Note: 1l~Iaps too large to copy) -4- ~ 1 Y ~ COUNTY OF HAti~1~'~.II STATE OF HAWAII BILL \r0. 316 _ (Draft OP~DIIVANCE NO. 1.17 AN ORDINANCE A1~fENDING SECTION 25-93A (NORTH AtiD SOUTH KOf-i.-~L.-~ DISTRICTS ZONE NfAP) AND SECTION 23-9~E (LALA1tifIL0-PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 23 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 92-63 BY' CHA~'~'GING THE DISTRICT CLASSIFICATION FROi~1 AGRICULTURAL (A-=f0a) AND (A-3a); SINGLE F.ANIILY RESIDENTIAL (RS-7.3), (RS-10), (RS-1~) AND (RS-20); DOUBLE FA.:~fILY RESIDENTIAL (RD-~); iv1ULTIPLE FAMILY RESIDENTIAL (R.1'~f-?) AND (R~f-3); VILLAGE COMMERCIAL (CV-7.5); A:vD LIMITED INDUSTRIAL (ML-20) TO AGRICULTURAL (A~Oa), RESIDENTIAL AND AGRICULTURAL (RA-la), SINGLE FAIv1ILY RESIDENTIAL (RS-7.~) AND (RS-10); MULTIPLE FAMILY RESIDENTIAL (R'~f-3.0); VILLAGE COMMERCIAL (CV-7.~); AND LIMITED INDUSTRIAL (ML-20) AT OUI:I, LANIKEPU, LALAMILO, WAIKOLOA AND PUUKAPU, WA.Liv1EA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAp KEY 6-?-01:9; 6-7-O1:PORTION OF 2~; 6-7-02:9, 48, AND PORTION OF 17; AND 0-8-01: PORTIONS OF 1 AND 8. BE IT ORDAIIVED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-6~ is amended as follows: "SECTION 1. Section 2~-9~A, Article 3, Chapter 2~ (Zoning Code) of the Hawaii County Code, [is] atld Ordinance No. 92-6~ are amended to change the district classification of properties described hereinafter as follows: (Il`AI~~f A TOWjV CENTER AREA The district elassifcation of the following area situated at GYaikoloa, Gi~aimea, South Kohala, ffawaii, shall be it'Iulttple Family Residential (RM-3J: PARCEL 2: Beginning at the North corner of this parcel of land, the coordinates of said point of beginr.ino rzferred to Government Survey Triangulation Station "GYAIri~tEA EAST BASE" being 63?.T8 fzet South and 13,E=16.99 feet Guest, thence running by azimuths measured clockwise from True SECTIO~~+ With the e'CCeD[lon Of Section ~ ~ela(InU i~7 the Rlir~l R^'Ci~~nr~~l 1 which zoning shall take effect upon the effective dare of this ordinance these changes in district classitication are conditioned upon the following: OVER.~LL DEVELOPI~IE~1T: (A) [he applicant, successors or assigns shall be responsible for complying with al! of the stated conditions of approval; (B} within three years from the enactment of this ordinance [the effective date of the rezoning, except as otherwise conditioned in the following subsections, shall be (1) when) the applicant shall 1)t'ovide [provides] assurance satisfactory to the Department[s] of Water Supply and L~Planning Director, upon consultation with the State Department of Health and the Department of Land and ~latural Resources, that a water source(s) of sufficient qua(iry and quantity [has (have) been) can be establishedy [within two years from the enactment of this ordinance; provided that a maximum one-year extension may be ;ranted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source and its water transmission and distribution system within one year from the official date of compliance with Condition B(1); provided that gone-year extension may be granted by the Planning Director with reasonable and sufficient justification;) The effective d~ of the ~anQe~ in d' tric classifcation(s? shall be the date on which the Pl~~ni~„ Dir cl~~.~S~.~.~d such assurances to be satisfacrorv Such satisfa rnrv ssur nce C~„~be met by the actual drilling and testip~of a well site of rh water ~r ~r by the s mittal of a hvdrolo~ical s ~ v certifv,~.~ that a w~t,~ -61- crn~rr~(C) of cuffc~Pnt a~~1it~ and ~.v~ can .e Pstablished at the desi~narP~-i Inra~inn(~} ThP actua? ~PVeloTzment of the water source and its water U~i~einn anti distrihurinn ~v_stem shall be developed in coniunction with the :t~bdivision aDproval~rQcess Residential buildin~nermi~ shall not be issued ~ntii the anorwed water source is developed and its transmission and ~jslri ion~vstem,~oc Such s urce m the subject ~l~v has been constrrsct~d R~sid~ntial_F~i1d_ia1° permits ~v he issued for model home complexes. pm~~ided that such modeLhomPs will not he occupied lt~til the approved water so~t,C;.y is developed. (C} an historic preservation mitigation plan of each development area shall be prepared and subnutted for approval by the Planning Department, in consultation with the Department of Land and Natural Resources, prior to submitting plans for preliminary subdivision or plan approval review of each development area. The plan shall consist of an archaeological data recovery plan and a preservation plan. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations in the respective development area; (D) should any unidentified sites or remains such as artifacts, shelf, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or [walks] w~ 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 mitieative measures have been taken; (1?) to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Communit}~ Development and the Planning [Department]Dtrector to formulate -6Z- a housing plan for the development_[, which shalt be consistent .vith thz iaerim affordable housing policy of the County as contained in the Hawaii COI.lnCY Housing Agency Resolution No. b~ or subsequently adopted policies). This housing plan shall be approved by the County Housing Agency prior to Cinal subdivision approval of any portion of the residential zoned area (~~Vaimea Town Center Area and the Rural-Residential Area); proviiied that the applicant shall notiFy the County Housing Agency of any intent to sell, lease, assign. place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. In the event the applicant conveys an ownership, leasehold, or controlling development interest in any residential area prior to the approval of the housing plan by the Hawaii County Housing Agency, a pro rata portion of the affordable housing requirement, based upon unit density of the land affected by such sale, lease or conveyance, shall be satisfied by either an in-lieu payment, land, or any combination thereof by the applicant upon such conveyance of ownership, leasehold or controlling development interest of the residential areal. The hou~i~~an shall allow satisfaction of the r~~~[~rnPnrS in tha.~.con ition by in-lieu payment, land, or any combination thereof [for the residential area] shall be based on a maximum density for the residential area, as determined by the applicant with the concurrence of the Planning Director. (The amount and method of satisfying this requirement shaft be determined by the County Housing Agency. Furthermore, ful1J ~ affordable housing credits shall be given for the 4.7„~ acres (presently being) sec aside by the applicant ltd d~siicated ro the County for the 40 [-50] unit elderly housing site as well as any other future land or residential lots set aside for employees of the applicant who meet the prevailing income criterion for an affordable home. [Based upon 1991 dollars, the total value of the required contributions in either _~~e land, fee or any combination thereof, based upon the 997 residential unit density proposed by the applicant is 57,275,840J; ((F) as agreed to by the applicant, restrictive covenants in the deeds of alI the residential lots shall prohibit the construction of ohana dwelling units. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval prier to final subdivision approval of each residential subdivision. Written assurance for implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to the Planning Department prior to final subdivision approval of each residential subdivision. A copy of a typically recorded covenant shall be filed with the Planning Departrr?ment within one year from the date of final subdivision approval of each residential subdivision;] ([GJE) the applicant shall work with the State Department of Education and the Planning Department to provide its pro rata share for school facilities. In establishing the applicant's pro rata share, credit for contributions to public and private schools in the area shall be given to the applicant, subsequent to the (passage of this bill ordinance] ado~fion of Qrdsnance No. 92-6~. The pro rata share determination and its implementation (i.e. dedication of land, construction of classrooms or funding) shall be approved by the Planning Department, in consultation with the Department of Education, in conjunction with final subdivision approval of any residential lot subdivision for any area of development; ((H]~) the applicant shall provide 30 plus or minus acres of land for public park and recreational purposes outside of the geographical area covered by this ordinances vided than rhP c;rP(cl shall he ein~arPd South o~the Waimea Aic-oort and the Waimea 13usi~ ark. [Said area or areas shall be within a -64- mile radius of the perimzt~r boundary or the commerciall~~ _oned ~r~a covzre.i by this ordinance. The applicant shall submit the location of the proposzd sire _ or sites to the County Council, the Planning Department and the Parks and Recreation Department for its review and information prior to receipt of tentative subdivision approval of the first residential increment of this project. Each site shall consist of a minimum of l0 acres. Said site or sites shall be graded by the applicant and be available For use prior to receipt of final subdivision approval of t_he r~rst residential increment of this project. The farad and any improvements shall be credited towards satisrying a portion or all of the applicant's fair share contribution of one recreational assessment or any portion of the County's assessment relative to fire, police, solid waste disposal facilities, and roads as noted in Condition I below] The applicant shall identity the ~ronosed site(s) prior to receipt of tentative subdivisionn a~npmval of th fi,Ar_[__r, residential increm~6nt of the subject ~r_o_~rty The PlatLnina Dire . nr in con~ul~c~n with t_he Dement of Parks and Recreation, shall review and anorov~the lo~~.Iio~raf the site(s) prior to final l~.a.n a~~o~al~~ al ~tbdivi~ion ar~nroval ofd three hundredth (;00th) residential unit/lot witttjn t.~~~dL~L~1_~.sia~d areal of the subject prow. Furthermore_ sari eirP~el ~ be riPrii~af,~,d to ~h_e Counrv upon its reouest. The value of deriir.ar~~t nd attd any..ig~ove~eni,~provided on the said site(s) shall be credited a~ains the applican)i't fair shams contribution of the arm ks and r reation a~~estment ~a~,red in Condition H herein; ([I]H) [the applicant shalt provide its fair share contribution to address regional irnpacts of the project with respece to fire, police, solid waste disposal facilities and roads. The fair share contribution shall be irutialiy based on the representations contained in the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. Until they are satisfied, the fair share contributions described below ~55- shal I be adjusted annually based on the percentage change in the Consumer Price Index (CPI). A pro rata portion of the contribution, based upon the unit density and commercial area of land affected, shall become due and/or payable, at -the discretion of the County, in the event the applicant conveys full controlling ownership, leasehold, or development interest in the affected land prior to receiving its initial subdivision or final plan approval of the affected land. Other•~ise, said contribution shall be satisTied in conjunction with the receipt of final subdivision or plan approval, as the case may be, of the affected land. The Fair share contribution for each residential lo[ or unit shall be based on a maximum density for each lot as determined by the applicant with the concurrence of the Planning Director. The fair share contributions in a form of cash, land, facilities, or any combination thereof shall have the following value: (a) 5470,000 for fire protective services and $255,000 for police protective services; (b) 56,034,000 to support state and county road and traffic improvements within the South Kohala region. Appropriate credits shalt be given for any of the applicant's land contribution associated with the proposed Waimea By-Pass and Waimea-Kawaihae Roads; the accelerated construction of the proposed town center arterial road and related intersectional improvements; with the exception of any other intersectional improvements directly serving the subject project, any off-site road and traffic related improvements required in this ordinance; and (c) 5216,000 to support county solid waste disposal functions; The applicant is encouraged to provide land for a landfill or solid waste transfer station site as a means to satisfy this requirement. Any contributions required by this ordinance that exceed the fair share requirements of this project shall, at the applicant's request, be credited towards any of the applicant's future developments that require infrastructural impact contributions;] -66- the aooficant shaft make its fair share c~~ntributi~~n m mitie~r~ -„~~~t imoacts of the subject oror~em with res c~ : to narks an recr~~rinn r~r, oolice solid waste disrlosa! Facilities and roads The amo~~nr nr rho ra[~ contribution shall be the sum which is rhz t~mducr nF mulrinly~ the n~~~_y~,r~ residential units ~roonsed ro be developed by the am unrs alto ar~ri h.~r~rnF,~~ w i~nr each such unit and shall become due and fZavahl prior to i•znai ,~rhdi~~i~~,p a~2roval or tinal flan aRoroval. as aR~licable. for anv [?ortinn of rho c~~ti~~~t ~1"'~v or its increments If the subject ~IZ~r~v is developed two nr increments the amount of th~rair share contribution due and savable on r rr, final subdivision approval or foal lC~~orovat of each incre*nent shall h~ sum calculated in the same manner according ro the num er of inrooocP~i residential units in each such increment. The fair share contribution may .n a form of cash. land. facilities or anv combination thereof acce¢tab[_ e~~ the Planning Director in consultation with the affected agencies The fair cnar~ contribution shall have a maximum combined value of X4.645.2 net multi~n„Ia~ farm v residential unit and X7.239.16 er single-family residential unit Based upon the applicant's representation of intent to develo~~ 9 ,~sidential units. the indicated total fair share contribution for 2~6 m l~(t~ farm v residential units is $1,189.194.20 and for 473 single family resirtPnr;a~ unit~is $3 424,122.60 whichever is agn[icable. However. the total amrn~nr shall be ~ncreased or reduced in ~or?ortion with the actual number of lots/units according to.~h~-alculation and ~a men ~rovi~ions set forth in this ('onditiop H The fairs are co~tczbution ,hall be allocated as follows: ~ ~Z 291 39.~er mult~e-fa ~ residential unit for an indicated total or &.~~~9; 84 and 490 85 Der s-f~nifv resddenti~ unit for an i~,i~ate dotal ~ 1.651172.00 to the Countv to suDOOrt Dark and r r final ~ DCOVeme~rs and facilities: _ _ . 5%2 a2 per multiple-family residential unit for n indi arPri rural ~-~f 81$ 539 and X168 40 per singi~-family residential uni,~fnr an - i_r?d~ated total of~79 65~ ZO to r~S~~n_tY to s 1RnoLY_Rolic~acilities~ ~Izer multi~e~ami v residential.~~nie for an indicated total of ~~7.029.12 and 8332 51 ~ r~..~.s.i~b_l~familrv r si ential unit for an indicated total of 817 X24 ~~to he ~n~v c~ su~nort fire facilities: 4 899.29 net multiRle-famil.~r~sidential uni~'or an indicated total of ~2~.418.24 and 514 6~ ner.s.l,nb~le-fam~v ~sidential uni~for an indicated total of 868.878.26 to the County to support solid waste facilities: ~ ~1 Q59~ng mul ~Al~~ami)sv r si Pntial unit for an indices total of ~~41.~b11 ~2 and 8~1QL bf~r2eL.,dingle-f~tn.il„Lresic~nt~ urLt for an indicated totaLof 81.467.094, 60 ro the ~ or County o suR orr read ~,nd traffic improvements. ~1~e .fir share contributions described above shall a ~ ste nnually b~gr~.ielg three nears after theeffective date of the chanffe of zone base on the Rercent~ge change in the Honol l ~ onsumer Pt:ic~~ nd x (I~~PI) In lieu of paving the fair hard contribution th~~olicant may ons p,i an on r~~cg land improvements/faci[hies r~[atP,~d to parks and recreation. fire. police. solid wastesi]SDOSai facilities. and roads within the region impacted by the ~rop~~ ~~,n~.t subject to the ap rn oval of the Plannin~Director. ~'he cost of cnn~tructinQ the~ttllzrQve~lent~ na d the.~.~r ar ~1 value of land contributed in ~onditis~ G and M(1) shall be credited against the sum specified nd~ion Ll) for Darks and recreation and in .Qndition Hl5) for road and traffic improvements I=or.~u1-.Izose~~administering Condition H the fair -68- maCket ~`alUe Of land ii)CItC!DUt'v Or f1r' 'i~C' ._~i. ,~3iy !m~r~~'Je.;-~e~r~ r-~niti-~-~ made in lieu of the fair share~o_r,tnbution shall be subject to she revi~w_a~ apnroval of the PlarLnin~ Director ur?nn consultation with she app~~~~ aoen ies: ~ 1 In lieu of actual construction nr ~nfrastr~icniral ~mpmvements a_ s rrq ~;~P~ her->~r, the applicant may enter inro an a~.[eement with the Plan_nin~ Dire~r~~ ~r,d the ~e~.lZa~ment of Public Works and the Department of Water Suppjv ;t an~j,S~.hle to assure the County that t~'~e intra4.ir~ac ral impmvemenrs will he instructed tosether with the~~~priate bind surety or other s;.curirv de~m~~ acceptable to the Planning Director and Corporation Counsel Upon exPriir;nn of S i agreement and/or filin~of th s ~~ri[v with the County fi~,~ subdivjs~oLn apnroval and/or final Ip an approval as applicable for the ~ ~h;~ prODe or portions thereof. may be granted prior to the actual conStr9,cr;nn ~f ~~j~~,~nfrastructural improvements ur less otherwise restricted herP;n~ [ (J) comply with the conditions of the State Land Use Commission's Decision and Order; (K) comply with all other applicable laws, rules, regulations and requirements;] [(L)].(,I~ should the council adapt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein [may, at the developer's election, be satisfied by performance in accordance with] skull be cred~~,~6d towards the requirements of the Unified Impact Fees Ordinance; [(M)]~ an annual progress report shall be submitted to the Planning [Department] Director prior to the anniversary date of the approval of this change of zone_ -(~1° The report shall address, in detail, the status of the development of each area (including number of lots created, number of units constructed, developed and undeveloped commercial and industrial areas) 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] Director acknowledges that further reports are not required; [(ti))J~ an extension of time for the performance of conditions within each development area 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, successors or assigns, and that are not the result of their fault or negligence; (2) granting of the time extension would no[ 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 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. Further, should any of the conditions of the respective development areas not be met or substantially complied -70- within a timely fashion, the pla r,in~ Director shat! initiate rezoning or the applicable area to its original or more appropriate designation; and ((D)J(~ The following specific conditions shall be applied to the [individualdistrict] jAdjvidual district classification changes: (1) WAI~fEA TOWN CENTER AREA - (a) upon compliance with Condition B[(1) and (2)J, the Waimea Town Center area shall be [Zoned] deve o ed in two increments. The first development increment shall consist of a maximum of X79 residentia[ units/lots and the commercial zoned areas. The second develo nr increment shall consist of the remaining number of residential units/lots wi hin the Single Family (RS) and Multi fp e Family (RM) on d districts. [The effective date of zoning for] Development of the second increment shall occur only afrer there is fiscal assurance that[, that section of the proposed Waimea By-Pass Road through Waimea Town will be constructed;] the prooosed connector road. co.II,~~~g~a two-12ne collector standard within an SO-foo~wide ri®ht-of-way (to allow d~velo~ment of se~arat~bi_ke and ~~destrian faciliti~.Z,~~.endin~v f. _rorn the western intersection with Mamalahoa Him w x~n the vicinity ~f the Vacuum ooli g Plan~to its north_~rn i_nterse ion with either tCa~~~ Street or Mamalahoa Hi~hwav in the vicinity o~th.~ W~mea ivi~ enter f~~~.j.~f;[~r referred to sa_ the ("con_nector road") is ~omoleted ~n p~t~vided further that occupancy of ~ units within the second ~ev~ ent increment does not precede the completion of the [Waimea Ry-Pass Road] r~op.~sed connector road described above; [a nd [hat development has occurred in the first increment as determined by the Planning Director. "Development" means that building permits have _71_ been issued for dwelling lots/units and construction has been partiaily completed to the extent that roofs have been constructed on a minimum _ of.twenry-five percent of the number of lots/units proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed by way of a surety bond, certified chec4~ or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted prior to the actual construction of the dwellings in the first increment;] (b) the entire [town ce;ter arterial road,) connector road and its iiZS~rsectionfs) [consisting of two lanes within an 80-foot right-of-way,] shall he [constructed in conjunction with the] identified by the aR Iicant with the approval of the Department of Public Wor~.c rior~,~ final subdivision approval of any residential development within the and/~r_B.,~Lzoned areas within th~,~uk~j..P,s~Lpvem (Waimea Town Center) or prior to issuance of a certificate of occupancy for any portion of the commercial [area) the sublet orooerty. whichever comes first. In the event that federal. state or other~overrrmental fundi,nQ ~r financin~,.~~r,~~able to the ap_plicant~~rome~v_ailable for the construction of the entire connector road inclu~i.ng_ mnrovem~nrs rn arc ~~.~rsecti~~s the ap.p.(icant~lall ~i[ize the f3tn~ing:or fi anti ~ o construct the connector road in a sin~l~e hp ace .whit shall be cam rPrl within t1~~~ ~~.L,,~~~ece,i,~~f said ndi Q or financing In the event s.t~t th~a ove Federal. state~r,..Qther ~overnrnentai funding is not available or acceptable to the at?olicant. the conn~tor ro shal(~i constructed by the ap~tzant in three Rhases. Phase 1 of the connecr~r -72- ri~ad shall b~ Ii~Cc1tZ'1 her~4'~~(, the 'tir~f1~I1~~S ref Pu ~Uyala~l ~ '~~li' '~r -i Kaom~loa Street and shall e c nsmicted In c~n~unrrinn with rho d~velo~ment of the in2mediately Burr unding areas ~mvided h~,-rh> [ha[ Phase l of the cnnnecrnr read shall h rnrnPlerrri nn IarPr ~h < h issuance of the huildin~ Hermits fir thz singl -fami v dwellinoe or rho issuance of tonal ~1~, an apprnvaf f~~r the multiple family unity a; applicable for the three hundredth (~OOth) residential snit/Inr wirhi~ ~ti~ RS and~or R'~I zoned areas Phase ~ of the cn ne~~nl r ad ~haii h~ located between the Pu'ukalani R~aci extension and rho nnrrh?rn intersection~f the connector road with either Kamama[ StrPPr nr rho Mamalahoa Highway in the vicinity of the Waimea Civic ~'~nr>r anti shall be constructed in coniunc[ion with the development immediately surroundia~areas. provided fiurrher rhar Phacm 7 nF rho connecror road shall be completed no later than the issuance of the building permit for the single-family dwellings or the iSS tanrP of final 1~ an a~~roval for the multi le fami v units. as a lR~ic_able.~or rhP tn~~r h_undred~ifrieth (450th) residential unit/lot within the RS and/or R'~i zoned areas. Phase Hof the connector road shall be Ic~cared hPrween rhP exter~sion of Kaomoloa Street and the western intersecti n of rhP ~~~~tP~tor road with Mamalahoa Highway in the vicinity of the Vacuum C ,ling Plant. and shall be c2nstru~t~d in conjunction with the d~vg~opment of the immediately surrounding areas. p~vided farther t~~~hase 3 of the connector road shall be tompleted r1o Later than the i,s~suance of the build~gg~ermit for the single-family dwellin~s~o~~ issua of,~inal ~n ~p~oval for the m,~~i~,(e fa,~ily t~tits as a~pl.~ icalzj~, foLth.~L~tv_~~hundred seventy-ninth (579th) residential Inr/unit the firS~,~e_v~l en ~crement of the Waimea Town Cen~,~ In tie Pvenr rhar the,~onnector road shall intersect at its norther end with ,'~tnamalu Road t_he anpiican 1 improve within the ~~j,~t~n~„~ ria---.aht--=--o f- -?3- way. the onion of Kamamalu Road h~rween its irta~~ection wi h the connector road and Mamalahoa Highway meetinb with the ren~~mr me _ and aR rn oval of the Der~artment of Public Worker The cogs ~f c~~rh i~provement~shall be credited ~g~inst the applicant's fair share con[ribbs lion of th~rosd a~~e~sment r~uired in ('ondition H herein The [town center arterial road) ~IL~ Gonnecror read shall be constructed to the standards of the Department of Public Works; provided, however, • that should it be determined by the Pl. an_ni~~ Director in consultati n with the Department of Public Works that curbs, gutters and sidewalk improvements are needed, then, said improvements shall be installed along that portion of the road within the park, [and] commercial and residential zoned lands at the time of development of any portion of those zoned lands. [Access points from the residential and commercial zoned areas onto the town center arterial road shall be approved by the Department of Public Works.) All lots shall gain access from interior roadways unless otherwise permitted by the Department of Public Works. In lieu of actual construction of the C~2,A,t1~Glpr road the applicant may enter into an agreement with the Planni~ IZirector and the thief Engineer to assure the County that the apnlicabfe norri~n(cl nr the connector road will be constructed by w~v of a surety bond r-A~~~ check or other seG ~ri[~~ deemed acceptable to t_h_e Cornoratinn C'n~mcPl end the Plan_nin~Director noon final execution of such a°~?~~~ and filing of the security with the County. subdivis~n plans acid/or final p,(~ ~Ar~roval Mans for the next development Rha~,s may be suhmitte~ and ~~r ved prior to the actual const c ion of the a~tzlicable portion sl of ~ e connector roa~~~e prior phase; (c) intersection improvements, which may include channelization and trafclc signals, shall be provided at the [new town center arterial road- '~~lamalahoa. Highway intersections (Honokaa side and bona side)) -7~- proposed connector road at its weSr~rP jnfc'rCPrrinn w'I[h V11m~~~h„~ Hi~hwav in the vicinity of the Vacuum C'~nlino plant and i s n rth n . intersection with eith r K~mam~l ~ SrrP~~ nr rho iVfamal~hr, LI' 4.w V the vicinity of the W~mea Civic Cenr~,;, as required by the Department of Public Works. [Their exact locations shall be determined by the Department of Public Works prior to preliminary subdivision approval or plan approval of any portion of development within the first zoning increment. ]These improvements shall be constructed and installed j,II coniun~ ion with the construction of the immediate su~oundin~ o~ion(sl of the [town center arterial] connector road (and in conjunction with the final approval of any residential subdivision or prior to issuance of a certificate of occupancy for any portion of the commercial development, whichever comes first]. Should the ounty re uire improvements at the intersection o~Kaomoloa Street and Mamalahoa Hi~hwav the cosh of h C arirlirinnal nFf cirP rnari anri~Or intersection improvements shall be credited amain thy- a~~licant's fair share contribution of the road assessme~t~~~ired in ~'ondi ink [(d) the town center arterial road shall intersect with Kamamalu Road. Kaanamalu Road and its intersection with the town center arterial road shall be improved meeting with the requirements of the Department of Public Works and be constructed simultaneous with the construction of the town center arterial road and in conjunction with the final approval of any residential subdivision or prior to issuance of a certificate of occupancy for any portion of the commercial development, whichever cornes first;] [(e)]~ Roadway ate intersection imtzovements within Lindsey Road's ex~st,~in~ ~1,~~7.~e-~i.r~~`.L~~Z~~ ~~S e~Pe~1_slC1P9 ~Pnt~ 1.~._!CL~~C.~~r~.IQ~I.~~,~..:~:~L~, ~~C71_afa~G~ -75- Highway to [t~5e town center arterial] its intersection with the co Hector road shall be constructed meeting with the requirements end aQpmval of _ the Department of Public Works. [Roadway improvements from the Lindsey Road-~lamalahoa Highway intersection shall be installed within the existing right-of-way meeting with the requirements of the Department of Public Works.) These roadway and intersection improvements. to be dedicated to the County shall be constructed and installed (concurrent] concurrently with [the] aw commercia_~ development of [any portion of] the immediately~~isoundin~ commercial [center] zoned area of ~he~b,~P~~roQenv and shall be completed prior to issuance of a certificate of occupancy for [any) Ih~i portion of the commercial development. [(f)J~ Lindsey Road extension from the (town center arterial Waimea By-Pass Road] connector road to the southeast bot~ndarv~ the subiect ~ 's State Land Ice Urban District ennSlstIno o~n~Q_foot wide riohr-nf wav with improvements meeting with the approval of the De artmP~~ .B~~Ws~E~. shall be constructed in conjunction with [final subdivision approval of any portion of Increment IIJ the completion of tha o ion Of the SCdte~s Waimea Bmass Read Incareri Pacr of rh JiihiK,~t nropeCR' as required by the Department of Public Works and S are nPpartme~~ ~f Transportation. and shall be dedicated to the C,~Inty u on its completion. upon the rea~iest of th~Department of Public Wor~,~~ Mate Depar[men~of Transportation the applicants a[1 submit for deslicatipn_t~ihe o n v or Stale. as applicahlP rhP Rfl-fnnr wide rivhr- of-wav for that DOrtion of the Lindsey Road extension between hP sour ast boundary of the sub,~ect ro ertv's Slate and t1~e Urban District and its interseCdio~with the State's Wai vp ss ~ with the value of dedicated end and im r v ments~crg~~~d a~inst the 3C?RI:L~~[1(_~,e 1`3_(° SS~a_rP ~n~l~~!hlI(I ~~'~.f CI!? T~~ a.~~PScs~~IlC,~.i,~C411.1.~~_I~? -76- _ Cond~ti~n H herein (The Linds~v Road extension alignment and improvements (i.e. channelization, traffic signals) shall be approved by _ the Departments of Public Works and Transportation-Highways Division prior to submitting plans for subdivision of Increment II]; [(g} pedestrian improvements shall be installed on the eastern (Town Center) side of ~lamalahoa Hi;hway from Waimea Elementary School ro the town center arterial Road-;Llamalahoa Highway intersection meeting with the approval of the Department of Public Works. These improvements shall be completed prior to or in conjunction with final subdivision approval of any residential subdivision;] [(h)]14 prior to development of any portion of the Waimea Town Center Area, a comprehensive drainage study shall be conducted to determine the type of drainage improvements that would be required given the area's flooding history, geological composition and the amount of water to be generated by the proposed commercial and residential development. The study shall be reviewed and approved by the Department of Public Works and approved recommendations implemented as the development proceeds. Accordingly, a drainage system shall be installed meeting with the requirements of the Department of Public Works; [(i)).(~ curb, gutter and sidewalk improvements shall be required within the cotnrtiercial areas as development proceeds. The Pl_ ar~ni..np Director in r sultation with the Department of Public Works, shall determine whether curb, gutter, and sidewalk improvements are needed within any or all portions of the residential areas at the time of plan approval or preliminary subdivision review of (any] Il~al portion (within the first zoning increment) s~f t~,~f~one,t~beino deve(ooe~. Should it be ;~er.ermine~l chat said improvetrtents are [requriedl r~,~tar~.c~, then; they ~77- _ shall be provided in conjunction with the development o[ the affected area(s); ((j)]~ within the commercial zoned area, a minimum of [seven) 1~ acres Qf jai shall be set aside for open space or park purposes for the Qeneral public. Said open space/park areas shall be inn the general location of the hPrit a~oark a~ delin~~~j,~xhi~it "D" and shall be im~rov~d wi multi-o~roose athletic field meeting with the approval of [reviewed and approved by) the Planning Director [Department and] in consultation w~ [he Department of Parks and Recreation[, prior ro submitting plans for subdivision or plan approval review and duly recorded with the Bureau of Conveyances as an open space/park easement, or similar legal encumbrance) ~e ark and open space shall be available for use by the public in conitlLlS~tlSZn with the receip~of final subdivision or final ar~ol~Yal for aqv develoom~nt withi~he sublets ~ronerN. A document ehail h,~ ~~I,v recor~~¢ w~t~~~u~a~f ~onvevances reserving said land in oero ~i~v a5 an,.~oen S>:Z~G~/Dark easement. or similar lemma n~~branc~, in favor of the~.ubli~rior to the opening of the open space/nark area; [(k)]~ a sewage treatment plant shall be constructed to service the residential and commercial developments meeting with the approva[ of the Department of Health; ((1)]~ the applicant shall provide [aminimum] as min~r~um of [IS] 3Q acres of land for pu~..tcsp~n s ace, park and recreational use within the Waimea ~°own Center sub,~ect to.~on itions an ]imitations ~~termine~...bv the a~olicant meeting with the ap~r(Zv_al_of the Planning Director in r,~nsultation withlhe Department of Parks and Rgcrealion(, of which the ~~sP r?°~rlenri~! i[e i0 be de°v'elot~ed ah"fl be fOr :3~P1~/P, r~'cientl(iCl~l -7$- uses]. The park or ope~t ~pac° site set aside in Condition TO~V~;" CENTER (h} [may] for public use shall be included in the [1~] ~Q-acre calculation. A concepr~~l .park recreational and oo ~ ~na~P ~i;d~. including the [The] location or the park. recreational and n n Snares site(s), accompanying land area, configuration, phasing of park site development with residential uses, awn .rship c~ntml and ma~n~~nan~A o~ the siren(s) conditinne and limitationti r~~r~dind the thrme of ~iS~ and hours of operation of ~n? ~ite(sl and improvements, shall mzet with the approval of the Planning Director in consulta[i n with th [Departments] Department of Parks and Recreation [and Planning] prior to (submitting plans for] receipt of final subdivision or Inal plan approval [review) aw residential units within the RS and/or ~f ~nnPd areas,~f the subject orooerty. The a~ rl: recr~atiQn and opens an ce areas shall he develop rt and available for public ~ se in accord nce with t,~e a~ Hued ~.p (Minimum improvements shall be provided for each active park area prior to Final Subdivision Approval of the respective residential development. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Departments of Parks and Recreation and Planning.] The value of dedicated land nd improvements contributed for an rk_ one= ~ c,nar-~ and/or recr a~ tional ute ~ ~h_e o ~ li w],~hln he Waimea Tnwn C'~n~~r development aroma shall be credited against the an~olicant's faaL share c~onsribution relative to pars and r~rr~~tion a~.no[ed it Condition H herein. [Until such time that the parks are dedicated to and accepted by the County, there shall be adequate assurance, as determined by the ' Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: -79- (i)) Prior to the opening of anv ofshe park r c'rParinnal n~ p~P.T space areas required herein for public use the ap~i an ~ ail - - - record a covenant or similar legal nci~mhranrP m~~Sing with the ~.o~oval of t_he Pfan_nin~ Director in consulta~on with F,P ~o[poration Counsel and t_h~ Department of Parks and Recreation. whi shall obligate the subdividers, purchasers, occupants, ~d.[or association in the affected residential units or subdivision to maintain the [private park) nark. recre tional or open space areas in perpetuity; [and (ii) empower the County, through the Department of Parks and Recreation, to enforce the covenants to maintain the private park. authorizing the performance of maintenance work by the County in the event of failure by [he subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision co a lien until the cost of the work performed by the County has been reimbursed;) [(m))~h2 as represented by the applicant, an equestrian trait shall be provided in conjunction with final subdivision approval or prior to issuance of a certificate of occupancy for any portion of the Waimea Town Center area residential or commercial development, respectively. An equestrian trail plan, which includes the trail alignment, physical improvements, connections, signage. ownership. control and maintenance, shall be approved by the Planning Director (Department], in consultation with appropriate agencies, prior to submittal of any plans for subdivision or plan approval within the Waimea Town Center area; -~0- RG'R=IL-RE~S~D.EIVTI,4L AR_E~1 - (a) subdivision plans, including a landscape plan which addresses tfre scenic vistas and open soace character, for an area consisting of no more than 100 contiguous acres or no more than 7~ lvts shall be submitted within one year from the effective date of the change of ;.one as determined ~y Condition OVERALL DEVE~LOPtt~IE'tVT B and tentative subdivision approval shall be secured within one year thereafter, Final subdivision approval shall be secured witicin two years from the dare of submitting final subdivision plans; (b) subdivision plans shall be submitted for the remaining area after development has occurred in the first increment as deternined by the Planning Director. "Development" means that building permits have been issued for dwelling units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In Lieu of actual construction, the applicant rrcay enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed by a surety bond, certified check or other security acceptable to Corporation Counsel and Planning Depan7nent. Upon final execution of such agreement and filing of the security with the County, subdivision plans.for the second increment rrury be submitted; (c) it shall be demonstrated to the satisfaction of the Planning Department that agricultural activity is being conducted on the subdivided agricultural Zoned lots within three years from the dare of final subdivision approvals of the respective increments. Far the purpose of t,~iis condition, "agriculture" shall be defined as the cultivatiovi of Groper, -~1- including but not limited to flowers, vegetables, foliage, fruits, forage and timber, game propagation; raising of livestock, including but not - limited to poultry, bees, frsh or other animal or aquatic life that are propagated for economic or personal use. This condition shall be incorporated in each of the deeds for the proposed agricultural zoned lots and duly recorded with the Slate Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the dare of final subdivision approval of the agricultural zoned lots; (d) as agreed to by the applicant, restrictive covenants in the deeds of all the residential ar~d agricultural lots shall prohibit the construction of ohana dwelling units. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval prior to final subdivision approval of each residential or agricultural subdivision. 6~ritten assurance for implementation of this condition, which has met with the apps :;val of the Planning Department, shall 6e submitted to the Planning Department prior to final subdivision approval of each residential or agricultural subdivision. A copy of a typically recorded covenant shall be filed with the Planning Department tivitliin one year from the dare of final subdivision approval of each residential or agricultural subdivision; (e) no access shall be perniirted onto the Kohala Mountain Road; access on to the Waimea-Ka1vaihae Road shall be approved b}~ the State Department of 7-ransponation-Highu~m~s Division. hirersecrion improvements, including channellzation, shall be installed in conjunction ~ti~ith ~~rial subdivision approval of the initial subdivision ++~irhin tJie >YPY11 P('r ^i1~9' -82- (g) a drainage system. shall be installed in accordance with rlce requirements - _ - of the Department of Public Works. the drainage rysrem shall be constructed and ncainrained sc~cie that posy-development conditions downstream of the project area are "oerter or no-worse " tftart pre- development conditions. A drainage study meeting with th.e requirements of the Department of Public Works shall be prepared for the ourpose of determining the necessary on-site drainage imoravemenrs for the development, (h) as represented by the applicant, an equestrian trail shall be provided in conjunction with ftna! subdivision approval of arty portion of the development. An equestrian trail plan, which includes the trail alignment, physical improvements, connections, signage and maintenance, shall be approved by the Planning Department, in consultation with appropriate agencies, prior to submittal of any plans for subdivision of the Rural-Residential Area; (i) ~ the existing stand of trees located within the subject properties and immediately makai of Kohala Mountain Road shall be incorporated into the design and development of the proposed subdivision; ] [(3)]~ INDUSTRIAL PARK AREA - (a) Upon compliance with Conditions of OVI?RALL DEVELOPMEiv'T ~ [B(1) and (2)), subdivision plans for the industrial park or portions thereof, shall be submitted to the Planning Department within one year from the effective date of the rezoning as determined in Condition B and tentative subdivision approval shall be secured within one year -g3- thereafter. Final subdivision approval shall be secured within two years from the dace of submitting final subdivision plans; (b7 access onto Mamalahoa Highway shall meet with the approva[ of the Department of Public Works and the Department of Transportation- Highways Division. Intersection improvements (i.e., channelizacion) at Mamalahoa High~.vay and the industrial park access road, as re4uired by the Department of Public Works, shall be completed in conjunction with final subdivision approval of any portion of the industrial development; (c) a drainage system shall be installed in accordance with the rec}uirements of the Department of Public Works; (d) a master landscaping plan for the industrial park area shall be submitted for review and approval by the Planning Department prior to submieting plans for the subdivision. The master landscaping plan shall provide methods of landscaping (I) those areas that would be visible from areas of travel (Mamalahoa Highway) or would impact existing or future adjacent uses and (ii) interior lots within the development. Certain landscape buffers identified in Condition d(I) herein shall be established (planted) in conjunction with final subdivision approval of an}~ portion of the industrial development. The guidelines sec forth in the master landscaping plan for interior lots, shall be included in the covenants for each lot. During plan approval review of individual lot development, the guidelines shall be utilized to minimize adverse noise and visual impacts; and (e) the method of sewage disposal shall meet with the approval of the appropriate governmental agencies. -84- _ _ SECTION (4),~ In the event that any portion or this ordinance is declared invalid, such invalidity shall not affect the other pans oP this ordinance. SECTIO[~1_[~]~. This ordinance shall take effect upon its approval." SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other pans of this ordinance. SECTION 3. Material to be deleted is bracketed. For easier comprehension, significant areas to be deleted is also bracketed and shown in italics: New material is underscored. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MFjMBER, CO NTY OF HAWAII Hilo, Hawaii Date of Introduction: September 6, 1996 Date of 1st Reading: September 6, 1996 Date of 2nd Reading: September 18, 1996 Effective Date: September 26, 1996 APPROVED AS TO FORM AND LEGALITY DErUT`( CORPORATION COUNSEL DATED: ~I~( -85- - /FUY }fFdTV.a / Mr1~eUU ' ~ IJ r.. wu,. u I ruu l.acf.•c. :o~:. ~ i'~J. l eaar~pr Nor - y;%;„..:..:; ::~:ii O e CV J K L ~ Puu OwgoweR! yo ~ Jr ; I~ . / ~'ti..,. ~ RIJI;~L o: J .1~J~ _ ~ "y' l~.c+ JL~ I _ •S%tr:•~~?~i:: 11 ~ p , ~\_.f ` ~7 f Part, Da ~ Fw Ste ~ 1 - ~ ' ~ I , f YYO •1,,., ?~t. ew9 J. o ms 4 rEM t ti ~ lCYhie J ~ r 1 f d•/9R r Vi11a~e j ~ ~ - r_ r Pr.. !t t i+ 'fi'r . L y ,i •~f sttJ ' (t90~ ~ f%~fiu~ 4 P t~ ? ~'F `¢rr w~~enes trooat t ~ ~ ~ ~ i^'•'~.,•.',3/r••~ ••ry~~~ ••x. mss y ~ Y _ _ \ Irv r.rif,.s:~:i!•: rr ` +y ~~/p~y /b4eiN a~e i. • ~ \ r,•a•••r~••r '••~•}rr +ri • 0 ®W7!'?i L~9~' ~ )DIJ~ rr rr': ` I i 1) J~ ~ ~ f - .•k..parrWe~ren . Viar:k' , \ • / ~ ~ j ~ ~ it ~ ~1. ~ ,~,~~p~, ~ I ~ B81dESS ~ ;~.~i 1~~~ w~rnaeD.tOr+~+u wrAPCr~tr ° _ - ~ & l ~ \r _ ~o ~ ~ rnr ,r I ~-s PA~'CER RANCa:I C - ` ! Fim Ataa T»EnTaa~bar 9 t ' ' . 'l ~ ' y, ~ ~G 2 1 .,,.•f~: ~ AREA SCALE NORTk LINEAL SCALE (FEET) JN~Y'~s N'4!y Patricia G. Engelhard Marry Kim Director Mayor e><<`~~~=-;ow°p.~ Pamela N. 1\'Iizuno rgpf OF'NS`~ Deputy Director uC>o~~tp ®f ~it~~t't DEPAItT1VIENT OF PAI~I£S AND ItECI~EATION 25 Aupuni Street, Ytoom 210 • Hilo, Haovai'i 96720-4252 (808) 961-8311 • Fax (808) 961-8411 September 17, 2001 - ~ . Christopher J. Yuen, Director County of 0-fawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 r Dear Mr. Yuen: _ Subject: Amendment to Conditions of Rezoning: Ordinance No. 9C-117 Tax Map Key: 6-2-01:09; 6-7-01:25 (por); 6-7-02:9 17 (por), and 48; and 6-8-01:1 (por) and 3 (por) This is to request an amendment to the conditions of rezoning contained in Change of done Ordinance No. 96-117 which rezon~~d approximately 386.5 acres of Parlor Ranch land in Lalamilo, Waikoloa and Puukapu, Waimea, Hawaii. More specifically the Change of done allowed the development of Parker lRanch's Waimea Town Center project area, including approximately 100 acres of commercial zoned lands, up to 729 residential units and over 30 acres of parks and open space. Condition G of Ordinance No. 96-117 stated: the applicant shall provide 30 plus or minus acres of land for public park and recreational purposes outside of the geographical area covered by this ordinance, provided that the site(s) shall L,e situated south of the Waimea Airport and the Waimea Business Park. The appiicant shall identify the proposed site(s) prior to receipt of tentative subdivision approval of the first residential increment of the subject property. The Planning Director, in consultation with the Department of Parks and Recreation, shall review and approve the location of the site(s) prior to final plan approval or final subdivision approval of the Three hundredth (3001h) residential unit/lot within the RS and/or RM zoned areas of the subject property. Furthermore, said site(s) shall be dedicated to the County upon its request. The value of the dedicated land and any improvements provided on ~io~ . , Christopher Yuen, Planning ®irector Page 2 September 17, 2001 the said site(s) shall be credited against the applicant's fair share contribution of the parks and recreation assessment required in Condition H herein. The County of Hawaii Department of Parks and Recreation is seeking to amend this condition to provide more flexibility with respect to the location of the sites for park and recreational-:purposes outside of the geographic area of the Waimea Town Center. Parker Ranch has granted its consent for the limited purpose of amending Condition G of Ordinance No. 96-117 as proposed herein. On September 20, 2000, in compliance with the requirements of this condition, Parker Ranch identified an approximately 30 acre site along Mamalahoa Highway, approximately 1 mile south of the Waimea/Kohala Airport. At the same time, Parker Ranch indicated that it was open to discussing alternative sites(s) for this park area. In response to this offer, the Department of Parks and Recreation indicated that it would prefer spark- location north of the Waimea Airport in the vicinity of the Lalamilo Farm Lots. P&R is also interested in acquiring a portion of the Puopelu lands as part of the Waimea Trails and Greenways Project. In a letter dated February 27, 2001, Parker Ranch confirmed that the County, through the Department of Parks and Recreation was interested in securing finro separate areas in compliance with Condition G of Ordinance No. 96-117, including: 1. Approximately five acres of land along Waikoloa Stream as part of the right-of-way for the Waimea Trails and Greenways project; and 2. Approximately twenty five acres to the south of the Lalamilo Farm Lots, to the west of Mamalahoa Highway. In that both of these sites are situated to the north of the Waimea Airport and Waimea business Park, Condition G of Ordinance No. 96-117 must be amended in order for barker Ranch to satisfy these requirements by the dedication of these areas for park and recreation uses. The proposed change to Condition G of Ordinance No. 96-117 is shown below with additions underlined and in bold: (G) the applicant shall provide 30 plus or minus acres of land for public park and recreational purposes outside of the geographical area covered by this ordinance, provided that the site(s) shelf be situated south of the Waimea Airport and the Waimea business F'ark,_unless mutual agreed to by the applicant and the Planni~ Direct®r, in cor~sultati®n with the ~~partmer~t ®f Parks and Recreati®n. The applicant shall identify the proposed site(s) prior to receipt of tentative subdivision approval of the first residential increment of the subject property. The Planning Director, Christopher Yuen, Planning ®irector Page 3 September 17, 2001 in consultation with the Department of Parks and Recreation, shall review and approve the location of the site(s) prior to final plan approve! or final subdivision approval of the three hundredth (3001h) residential unit/lot within the RS and/or R~O1 coned areas of the subject property. Furthermore, said site(s) shall be dedicated to the County upon its request. The value of the dedicated land and any improvements provided on the said site(s) shall be credited against the applicant's fair share contribution of the parks and recreation assessment required in Condition H herein. Please feel free to call Glenn Miyao, Park Planner if you have any questions or require any additional information. Thank you for your consideration of this matter. Sincerely, ~ L ~'atricia Engelhard, Director Concu Carl Carlso ~r-ustee Date Tom Whittemore, Trustee Date Melvin Hewett, Trustee Date cc: Harry I~im, Mayor Parker Ranch Trustees Leningrad Blarianoff, Councilman Bil! Moore, William L. Moore Planning Steven S. C. Lim, Carlsmith Ball :m'f. x::: i:: nti: n.:::::: Y•i v; • of y+; .r. : f -r ~ r. 4 f~. t _ _ y r tr .+4:r' t : / . . ~ ~ ti r~ ;~1 ~ s i : , s o :.:::f~~ ~ ~ `t~w•: cn ~I ~ tf ~ 9t ~ c I ma~y„ _ ,y ~ >i ~ / i ) : ti s, ~ r ~~r~': D ~ ~ ' + ~ ~ I ,4 ~ I e ~ x ~ w ' ~ y w £ x a { t 'S} iii:\{f{ • • 4 ~ ' K~%4 Y ~pp~ lv: ii f ~ ~ ~ O . _ _ 'l~~e Y ~f J' - I ~I .f . N <,v, k _ F rt ~ ~ f' ~ y' i~i1' j ` ryN Its f s Y~ ~ :~sy,• p, ar , . . } Y { k ) ? ' N ~ y3 ~ ~ ~ ~.a ~ r ~ :r O I j~ ~ ! o r.. 'TI O •••f • f `r~ ~ s n ~ 1 I'i - y e e ~ f ~ t v 1 s (n #3 ~ ~ ~ / : • ` ~ .~~r• : I r` vi i . ~ i:; / r i VI ~ ~`1` J a ~':t+F.; f Vii :}}jnv % :4# l .mil i .:+c: QO i ;::y{~;: l I / 1 ~ :.::::::,•::f . i:.. z WILLIAM L. MO®ItE PLANNING 159 HALAI STREET I-lILO, HAWAII -96720 - ~ ~ n (808) 935-0311/Fax (808)}34-OI62i " ~ " . November 13, 2001 Christopher J. Yuen, Director County of I-Iawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Parker Ranch -Waimea Town Center Annual Status Report Change of done Ordinance No. 96-117 Waimea, South Kohala, Hawaii Island This is to provide you with the annual status report for Parker Ranch's Parker Ranch 2020 Project activities in compliance with the various conditions of Ordinance No. 96-117. We apologize for the delay in submitting this to you and hope that it has not caused any inconvenience. For your information, there are two residential projects that are in the planning and design process within-.the Waimea Town Center (WTC) portion of the Parker Ranch 2020 Project. These include :the Holoholo Ku residential project which is being undertaken by Kamuela Associates within the Village Commercial zoned lands south of the Parker Ranch Center. The initial phase consists of ~4 single family residences. A total of 132 units are proposed within this site. In addition, Kaomalo LLC, a joint venture between Schuler Homes, Inc. and Parker Ranch is proposing to develop Luala' i at Parker Ranch on approximately 75 acres of land on ~,vithin the western portion of the WTC project area. Luala' i at Parker Ranch will consist of approximately 322 residential units and park and open space. A Planned Unit Development permit application to allow 5,000 square foot lots and reduced front yard setbacks has been filed with the Planning Department. In addition, preliminary subdivision plans for the initial development increment were filed on November 6, 2001. The following is a summary of the conditions of Ordinance No. 96-117 and a description of Parker Ranch's actions or understanding of them. 1'~ Christopher J. Yuen November 13, 2001 Page No. 2 No. Condition Status A Comply with all stated conditions of approval. Parker Ranch will Comply with this requirement. B Provide assurance that a water source can In a letter dated 12/24/96, the Planning Dept. be established. stated that the condition was satisfied as of 7/3/96. Effective date of Change of Zone shall be the Effective Date of Ordinance No. 96-117 is date on which the Planning Director has September 25, 1996. certified such assurance to be satisfactory C. Prepare and submit for approval a historic Planning Department confirmed compliance preservation plan. with this condition in its October 11, 2001 letter. D. Should any unidentified archaeological sites Parker Ranch will Comply with this be encountered, work shall immediately requirement. cease. E. Submit a housing plan to address Goals and The Planning Department confirmed Polices of the General Plan are implemented compliance with this condition in their Nov. to the County Housing Agency. 24, 2000 letter. F. Provide pro rata share of school facilities. The Planning Department confirmed compliance with this condition in their Nov. 24, 2000 letter. G. Provide 30 acres of land for public park land In a letter dated September 20, 2000, Parker south of Waimea Airport and Waimea Ranch identified a site fora 30 acre public Business Park. park. Parker Ranch and the County have agreed upon the final sites which are north of the Waimea Airport. P&R has requested an amendment to this condition to allow said sites. H. Provide fair share contribution for roads, fire, Parker Ranch, its successors or assigns, will police; parks, and solid waste facilities. comply with this requirement. I. Provides for bonding of improvements to Parker Ranch acknowledges that it may bond assure construction of infrastructural its infrastructure improvements. improvements J. Should County adopt a Unified Impact Fee Parker Ranch acknowledges that the required Ordinance, conditions shall be credited exactions may be credited towards the towards requirements of the Ordinance. requirements of a Unified Impact Fee Ordinance should it be adopted. K. Submit an annual progress report. Parker Ranch will comply with this requirement. Christopher J. Yuen November 13, 2001 Page No. 3 L. Provides for Administrative Time Extension. Parker Ranch acknowledges that a time extension may be granted by the Planning Director under certain conditions. M (1) Waimea Town Center shall be developed in Parker Ranch acknowledges that the Waimea a. two increments. Increment 1 shall consist of Town Center shall be developed in two 579 residential lots/units and the commercial increments. zoned area. Increment 2 shall include the balance of the residential lots/units. Increment 2 shall occur after assurance that the Connector Road is completed in its entirety. M (1) Entire Connector Road and its intersections Parker Ranch acknowledges that the b. shall be constructed. Connector Road and its intersections are required to be constructed as part of the If federal financing is available, Connector Waimea Town Center project. road shall be completed in its entirety with three years of receipt of funding. If federal financing is not available, Connector Road shall be completed in three phases. Phase 1 shall be completed prior to 300th unit. Phase 2 shall be completed prior to 450th unit. Phase 3 shall be completed prior to 579th unit. If Connector Road intersects with Kamamalu Street, it shall be improved within its existing right-of--way. M (1) Provide intersection improvements for Parker Ranch acknowledges that the c. Connector Road. Intersection improvements Connector Road and its intersections are shall be constructed in conjunction with required to be constructed as part of the construction of adjacent portions of the Waimea Town Center project. connector road. Provide improvements to Kaomoloa Street- Parker Ranch is working with DPW to Mamalahoa Highway intersection as required. determine the necessary improvements to this intersection as part of the proposed Luala'i at Parker Ranch project which is proposed by Kaomalo LLC. M (1) Improve Lindsey Road from Mamalahoa to Parker Ranch, it successors or assigns will d. the Connector Road, Improvements shall be comply with this requirement. installed concurrently with commercial development of immediately surrounding commercial zoned lands. Christopher J. Yuen November 13, 2001 Page No. 4 M (1) Improve Lindsey Road from Connector Road Parker Ranch acknowledges that the Lindsey e. to Urban District Boundary. Lindsey Road Road Extension is required to be constructed shall be constructed in conjunction with from the Connector Road to the Urban District completion of Waimea Bypass segment east Boundary. of Waimea flown Center. Provide right-of-way from Urban district boundary to Waimea Bypass alignment as required.. Right-of-way shall be submitted for dedication upon request of DPW or DOT. M (1) Conduct comprehensive drainage study for Parker Ranch, it successors or assigns will f. review and approval by DPW. Required comply with this requirement. improvements shall be implemented as development proceeds. M (1) Curbs, Gutters and sidewalks shall be Parker Ranch, it successors or assigns will g. constructed in commercial zoned area. comply with this requirement. Determination of need for CG&S for Parker Ranch has submitted a request to-the residential areas shall be made on case by Planning Department to determine if curbs, case -basis at time of plan approval or gutters and sidewalks are needed within the preliminary subdivision approval of the portion residential zoned areas. of the property being developed. M (1) Ten acre park area shall be provided within Plan Approval and grading permits for the h. commercial zoned area and shall be park have been granted and construction is improved with a multipurpose athletic field. scheduled to commence on the multi-purpose field in late November/early December. M (1) A sewage treatment plan shall be The sewage treatment facility serving the i. constructed. WTC has been completed and is currently in operation. M (1) A minimum of 30 acres of park and open Parker Ranch, it successors or assigns will j. space shall be provided within the Town comply with this requirement. Center Area. A conceptual park plan shall identify location, The revised WTC Park and Open Space Plan configuration ,phasing, improvements, and was approved on October 11, 2001. owner ship, control and maintenance of the park and open space areas and shall be approved by the Planning Director. Park and Opens space improvements shall be developed in accordance with the Plan. M (1) Provide equestrian trail. An equestrian trail Parker Ranch, it successors or assigns will k. plan shall be prepared including trail comply with this requirement. The revised alignment, improvements, connections, Equestrian Plan was approved on October signage, and ownership, control and 11, 2001. maintenance for approval by the Planning Director. Christopher J. Yuen November 13, 2001 Page No. 5 M(2) Submit Subdivision Plans within 1 year of A subdivision application for the Parker (a) effective date of Zoning Ordinance. Ranch Waimea Industrial Park was submitted in 1995. This application was withdrawn on May 19, 1997. A consolidation and resubdivision was subsequently approved for a portion of this area. M (2) Access to Mamalahoa Highway shall meet Parker Ranch, it successors or assigns will (b) with approval of ®OT comply with this requirement. Intersection improvements shall be completed in conjunction with final subdivision approval of any portion of the industrial development. M (2) 17rainage system shall be installed Parker Ranch, it successors or assigns will (c) comply with this requirement. M (2) Master landscaping plan shall be submitted Parker Ranch, it successors or assigns will (d). for approval. t_andscape buffers shall be comply with this requirement. established in conjunction with final subdivision approval of any portion of industrial area. M (2) Sewage disposal shall be provided Parker Ranch, it successors or assigns will (e) comply with this requirement. Please call me or Riley Smith, Parker Ranch Project Manager, at 885-7311 if you have any questions or require any further information on this matter. Sincerely, ~ t William L. Moore cc: Parker Ranch, Inc. Riley Smith, Project Manager , I `'Traced descent to Keaw~e; King of Ancient 4-~aoh•aii ~ " . r, The, high,chic~frss.~~ac lwrn in 1'1'aianae. this island, siat~~-t.vo years ,~t;ca. Si~~~.w,tti c c,.utiin . of the~late Qo~+•ager Queen Emma~and a c~c•sc°enda<nt of one of the oldest arad.rnust _nt~ted chiefs of t~av?•aii, a daughter of tC~l~~vaaaeaui and:l~aa+tir~i, his «•ife. Kalaeti•ai,~nui ~~as the son of Mvakea~a~c= and KahU~lii It bruther.:o€ ICaczanac'ha a ~,randmother of :t:h~ ,etc.: Que•.£n Emma: Kaho~lii .II was (h~ .son of K,alaninui.kalt•leau, or Kahoalii Ia anef lC.~lii.~>lani, the.. daughter of t:aniniuokalani and Kekunu_ialaim.oku. Kc•kunuiataimoku ta•a~ thc~«>'n vi Kalani- nuiiarn~rr~ao and Ahia, or Kal~~~.i{:um=~i;aiekie. Kalaninuiiamamao evas the ,se~t~ of krawe. • King of t-fa~ti•aii and lori~m,•~ikan.~ka. ~ ~ , _ ~ ~ ~ y {/t ~tf, ~/T ~.~~'•L~ ~ K rr: y ~~/:~~{._C4/kLt~L{ r ~ • ~2, ~;~,E', I ~f 9 7, o ~ ' ' , I I I .i ~ ~ • ~ t ~ C~ . ~ , j i I j l~ 1:~.~~ - i ~ ~ ~ M . I I W ~ ' ' i ' ~ .r' ; ~r ' ? ~ 1 it ~ i` ,R ~ ~ ,I;.~ 1:i' t i ' ` ,~dvi I r Ir ~ •F •