HomeMy WebLinkAboutCOM 0477.000 2000-2002 a1~~Y;.~'
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Harry Kim ~ ° iV~ Dixie Kaetsu
Mayor Managing Director
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~ P.'D~r~y ~p{e¢tging Director
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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 ,
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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
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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
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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)
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~ 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~(
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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
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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
,
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daughter of t:aniniuokalani and Kekunu_ialaim.oku. Kc•kunuiataimoku ta•a~ thc~«>'n vi Kalani-
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