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HomeMy WebLinkAboutCOM 0290.000 2002-2004Harry Kim Slavor %'_' RL�) Dixie Kaetsu Managing Director COL!NTY OF HAWAII03 JUL 22 AM 8 19 2i Aupuni Slrcel, Boom2I' • H.Infh,,an 96720-4252 • (808)961-8211 • Fax(808)9616553 KONA 7`J70(, Kuakini Iiigh�vaY, Suite 103 • Kailua-Kona, HaNval'tr 7�1,Q � _ i 80w) 329-5226 • Fax(809)326-5663 t6bJ' : (1; ,; I .. COUNTY � d= H/4^J,^III July 18, 2003 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 Application (REZ 03-012) Applicant: Lot Owners Within the Champion Ridge at Mauna Lani Subdivision Nx Request: RM -3 to RS -20 Tax Map Key: 6-8-27:1, 3-7, 9-12, 16-27 and 29-35 State Land Use Boundary Amendment Application (SLU 03-002) Request: Agricultural to Rural Change of Zone Application (REZ 03-007) Request: A -3a to RA -la Applicant: Clifford Kabumoto Tax Map Key: 7-3-19:21 and 30 As required by Chapter 4, Sec. 6-4.3(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, (' Harry Kim �+ Mayor 1070303may Enclosures cc: Planning Department (3I1 I1_Y Gomm. No. Ref. T - • • - ill I I Harry Kim M.Ya, "191 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax (808)961-8742 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 Application (REZ 03-012) Applicant: Lot Owners Within the Champion Ridge at Mauna Lani Subdivision Request: RM -3 to RS -20 Tax Map Key: 6-8-277 1 3-7 9-12 16-27 and 29-35 The Planning Commission, after a duly held public hearing on July 3, 2003, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 16.125 acres of land from a Multiple Residential - 3,000 square foot (RM -3) to a Single Family Residential - 20,000 square foot (RS -20) district. The area involved consists of 29 existing lots within the Champion Ridge at Mauna Lani Subdivision, Mauna Lani Resort, Waikoloa, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Twenty-nine (29) lot owners at the Champion Ridge at Mauna Lani Subdivision are requesting a Change of Zone from Multiple -Family Residential (RM -3) to Single - Family Residential (RS -20). The objective of the rezoning is to more accurately reflect the actual use of the lots within the subdivision. All the structures in the subdivision are single-family residences, and the CC&R's recorded on May 30, 1990 as Document No. 90-08168 state that all buildings in the subdivision shall be used for one single-family residential purposes with one detached single-family dwelling and a private garage for not more than three cars or less than two cars. The covenant also prohibits secondary, guest or caretakers units on the properties. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from the Multiple -Family Residential (RM -3) to a Single - Family Residential (RS -20) zoned district will conform to, among others, the goals, policies and standards of Land Use, Economic and Housing Elements of the General Plan. The change of zone would complement the existing residential land uses in the area. The subdivision is surrounded to the north and west by the 16c6 and 17"i fairways of the Mauna Lani Francis I'i Brown Golf Course and zoned Open. Vacant lands to the east and south are zoned A -5a and RM -3, respectively. This request would complement a policy of the Land Use element of the General Plan which states, "allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County." Although the subdivision is zoned Multiple -Family Residential, only single-family dwellings are permitted in the subdivision. Of the 29 properties which are the subject of this application, single-family dwellings have been constructed on 12 lots, and the remaining 17 lots are vacant. Of the four lots which are not part of this request, single-family dwellings have been constructed on three lots, and one lot is vacant. Therefore, the requested Single -Family Residential zoning designation would be more appropriate Im the area. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses, The properties are designated Low Density Urban. The General Plan LUPAG Map amendment pending before the County Council proposes to change the designation of this area from Low Density Urban to Resort Node. The proposed new Resort Node category would designate a major resort area such as the Mauna Lani Resort and allow a variety of uses. A major resort area is defined as a self- contained resort destination area that provides basic and support facilities for the needs of the entire development. Such facilities include sewer, water, roads and employee housing. The properties are located within an area adequately served with essential services and facilities. The 29 subject properties are part of the 33 -lot Champion Ridge at Mauna Lani Subdivision, approved as Subdivision No. 5897 on May 1, 1990. Access to the subject properties is from Mauna Lani Drive to Kaniku Drive, an existing roadway with a Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 60 -foot right-of-way, 8 -foot wide paved shoulders, and an approximate 24 -foot wide, two-lane pavement. The Department of Public Works had no objections to the request. According to the applicant, water is available from the existing Department of Water Supply system that serves the Mauna Lam Resort. Police and emergency services are available at the County police and fire stations located in Kailua-Kona. Police and fire services for the resort area are also available approximately 1/4 mile north of the 73 -mile marker on the Queen Kaahumanu Highway. Medical services are available at the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua. Electric and telephone services are available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The properties are situated within the Special Management Area. However, there are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the properties will not adversely impact those resources. The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X," areas outside the 500 -year flood plain. Any new construction or substantial improvements will be subject to the requirements of Chapter 27 - Flood Control, of the Hawaii County Code. There are no significant drainage ways that adversely affects the project site. The entire site has been grubbed and graded as part of the Champion Ridge at Mauna Lani Subdivision. In a letter dated May 23, 2003, the State Department of Land and Natural Resources Historic Preservation Division has indicated that residential development/urbanization and previous grubbing/grading has altered the land, therefore no historic properties will be affected by this request. There is no evidence of valued cultural, historical or natural resources in the project area. As no traditional and customary Native Hawaiian rights are presently conducted on the properties, the proposed action will not affect traditional Hawaiian rights. Given the subdivision's urban setting, the presence of any known rare, threatened, or endangered species or endangered floral and fauna species is remote - The properties were previously grubbed and graded as part of the development of the Champion Ridge at Mauna Lani Subdivision. The subdivision is not used for access to the mountains or shoreline and no access to these areas will be impacted by the proposed action. Based on the above findings, this request to reclassify the subject properties from a Multiple -Family Residential (RM -3) to a Single -Family Residential (RS -20) zoned Honorable James Y, Arakaki, Chairman and Members of the County Council Page 4 district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to Section 25-8-13, the Puako-Anaehoomalu Zone Map, Article 8, Chapter 25 of the County Zoning Code is transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Fred Galdones, Chairman Planning Commission LchampioniidgeO PC Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources Rodney Haraga, Director/DOT-Highways, Honolulu Wauna"niREZ-6/12/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LOT OWNERS WITHIN THE CHAMPION RIDGE AT MAUNA LAN] SUBDIVISION CHANGE OF ZONE APPLICATION (REZ 03-012) LOT OWNERS WITHIN THE CHAMPION RIDGE AT MAUNA LANI SUBDIVISION has submitted an application for a Change of Zone from Multiple -Family Residential (RM -3) to Single -Family Residential (RS -20) for approximately 16.125 acres of land at the Champion Ridge at Mauna Lani Subdivision, Mauna Lani Resort, Waikoloa, South Kohala, Hawaii, TMK: 6-8-27: 1, 3-7, 9-12, 16-27, 29-35. APPLICANTS' REQUEST 1. Request: Twenty-nine (29) lot owners at the Champion Ridge at Mauna Lani Subdivision are requesting a Change of Zone from Multiple -Family Residential (RM -3) to Single -Family Residential (RS -20). The total acreage of the 29 lots is approximately 16.125 acres. The objective of the rezoning is to more accurately reflect the actual use of the lots within the subdivision. All the existing structures in the subdivision are single- family residences, and the CC&R's recorded on May 30, 1990 as Document No. 90- 08168 state that all buildings in the subdivision shall be used for one single-family residential purposes with one detached single-family dwelling and a private garage for not more than three cars or less than two cars. The covenant also prohibits secondary, guest or caretakers units on the properties. Of the 33 lot owners, 29 have consented to the request. (See Exhibit A - Change of Zone application) STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. 3. General Plan Consistency: band Use, Economic and Housing elements. 4. GP Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban. The General Plan LUPAG Map amendment pending before the County Council proposes to change the designation of this area from Low Density Urban to Resort Node. The proposed new Resort Node category would designate a major resort area such as the c -z9 G` (6,H lmitis) t'C Mauna Lani Resort and allow a variety of uses, including a mix of single-family and multiple -family dwellings. 5. County Zoning: Multiple -Family Residential (RM -3). 6. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 7. Special Management Area: The properties are situated within the Special Management Area (SMA). Construction of single-family dwellings are normally exempt from the definition of"' development" under Planning Commission's Rule No.9-4(10)(B)(i). DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 8. Subject Properties: The 29 subject properties are part of the 33 -lot Champion Ridge at Mauna Lani Subdivision located south of the Mauna Lani Resort on Kaniku Drive. The subdivision is located approximately 4,000 feet makai of the Queen Kaahumanu Highway. The subject lots range in size from 20,154 to 31,970 square feet. Of the 29 properties which are the subject of this application, single-family dwellings have been constructed on 12 lots, and the remaining 17 lots are vacant. Of the four lots which are not part of this request, single-family dwellings have been constructed on three lots, and one lot is vacant. 9. Chronology: March 11, 1976 - effective date of SMA No. 2 to allow the development of a resort hotel and related uses. July 13, 1987 - effective date of Ordinance No. 87 73 (REZ 565) which rezoned approximately 665.1 acres to various zoning designations to allow for the development of the resort. -2- • March 10, 1989 - effective date of Planned Unit Development (PUD No. 36) to allow the development of a 33 -lot Single -Family Residential subdivision. • May 1, 1990 - Final Subdivision Approval of The Champion Ridge at Mauna Lani Subdivision (Sub No. 5897). 10. Surrounding Land Uses/Zoning: The subdivision is surrounded to the north and west by the 10h and 17`h fairways of the Mauna Lani Frances I'i Brown Golf Course and zoned Open. Vacant lands to the cast and south are zoned A -5a and RM -3, respectively. 11. U.S.D.A. Soil Type: A'a or Pahoehoe lava flows. 12. Land Study Bureau's Productivity Rating: "E" or "Very Poor". 13. FIRM: Zone "X", areas outside the 500 -year flood plain. 14. Flora/Fauna: The subdivision is a Planned Unit Development approved in March, 1989. According to the applicant, during the development of the existing subdivision, there were no rare or endangered flora or fauna discovered which would have been adversely impacted by the development of the subdivision. 15. Archaeological/Culturat/Historical Resources: In a letter dated May 23. 2003, the State Department of Land and Natural Resources Historic Preservation Division has indicated that residential development/urbanization and previous grubbing/grading has altered the land, therefore no historic properties will be affected by this request. There is no evidence of valued cultural, historical or natural resources in the project area. As no traditional and customary Native Hawaiian rights are presently conducted on the properties, the proposed action will not affect traditional Hawaiian rights. 16. Recreational/Visual Resources: The proposed use will not negatively impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 17. Public Access: The subdivision is not used for access to the mountains or shoreline and no access to these areas will be impacted by the proposed action. -3- UTILITIES AND SERVICES 18. Access: Access to the properties is from Mauna Lani Drive leading into the Mauna Lani Resort, to Kaniku Drive, an existing roadway with a 60 -foot right-of-way, 8 -foot wide paved shoulders, and an approximate 24 -foot wide, two-lane pavement. 19. Water: Water is available from the existing Department of Water Supply system that serves the Mauna I,ani Resort. 20. Sewage/Wastewater: The subdivision is serviced by the Mauna Lani Wastewater Treatment Facility. 21. Utilities and Services: Police and emergency services are available at the County police and fire stations located in Kailua-Kona. Police and fire services for the resort area are also available approximately 1/4 mile north of the 73 -mile marker on the Queen Kaahumanu Highway. Medical services are available at the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua. Electric and telephone services are available to the site. AGENCIES' COMMENTS 22. Department of Public Works (June 10, 2003 Memo): "All of the existing subdivision streets are private, developed under a Planned Unit Development and are not eligible for dedication. We have no objections to the request." 23. Department of Environmental Management: (See Exhibit B - May 28, 2003 Memo) 24. Department of Land and Natural Resources Historic Preservation Division: (See Exhibit C - May 23, 2003 Memo) 25. Hawaii Electric Light Company: (See Exhibit D - June 3, 2003 Letter) AGENCIES - NO COMMENTS OR OBJECTIONS 26. Police Department AGENCIES - NO RESPONSE 27. Department of Water Supply, Civil Defense Agency, Fire Department, Department of Land and Natural Resources - Land Division, Department of Health -4- APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 28. (See Exhibit E - June 12, 2003 Letter) PUBLIC COMMENTS 29. The department has not received any written comments or objections from the community on the request. 5- R r t-' $ y � L03 RANGE OF ZONE APPLiCAT1QN,. �,{ COUNTY OF HAWAII PLANNING DEPARTMENT (� = (Type or legibly print the requested information) `'- APPLICANT: LOT OWNERS WITHIN THE CHAMPION RIDGE AT MAUNA LANI SUBDIVISION APPLICANT'S SIGNATURE: See Attached Letters of Authorization DATE: May 13, 2003 ADDRESS: c/o STEVEN S.C. LIM, CARLSMITH BALL LLP - i 3 P.O. BO%.1720 Kailua-Kona, HI 96745 LIST APPLICANT'S INTEREST IF NOT OWNER: n LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: BEN D. McALLISTER President of the Homeowners Association of Champion Ridge at Mauna -14pi cn PHONE:(Bus.) 329-6464 (Res.) (Fax) LANDOWNER(S): LOT OWNERS WITHIN THE CHAMPION RIDGE AT MAUNA LANI LANDOWNER SIGNATURE(S): See Attached Letters of Authorization DATE: May 13, 2003 (May be by letter) LANDOWNER(S) ADDRESS:c/o Carlsmith Ball LLP, P.O. Bos 1720, Kailua-Kona, HI 96745 Multiple Family Residential - 3,000 s.f, to Single Family Residential -20,000 s.f. REQUEST: RM -3 TO RS -20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-8-027: 001, 003 to 007, 009 to 012, 016 to 027, 029 to 035 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 29 Existing Lots AGENT: STEVEN S.C. LIM, ESO., CARLSMITH BALL LLP ADDRESS P.O. Bos 1720 Kailua-Kona, HI 96745 TELEPHONE: (Bus.) 329-6464 (Fax) 329-9450 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: STEVEN S.C. LIM, ESQ. COPIES: (See Instructions on Reverse Side) EXHIBIT ATTACHMENT Residential Rezonirg PLANNING DEPARTMENT COUNTY OF HAWAII APPLI-'ATION FOR CHANGE OF ZONE I= your request is approved, do you intend to subdivide the subject lard in accordance with the approved change of zone? NO if yes, please answer the rest of question 1 and then to quesfion 3. a. How many acres o'- the requested area do you intend to subdivide'. b. Into what lot sizes? C . if your r:quest is approved, approximately how long after the date of approval do you expect to submit your subd.vision plans to the Planning Department for preliminary approval? d. Do you in.end to build houses on the newly created lots? if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Apprsximately how long, after approval of the subdivision, would the first house be available for occupancy? If you inrend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. _( you :nave no f_rm pians of subdividing the subject area, do you intend to. a. Sell or lease the land to someone who has firm plans b. Sell or lease the land to someone who has tentative clans? C. Sell or lease the land to someone who has no plans? X d. Keep it? X e. other (please stat(i) If you inte::d to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in our anawer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. This a County approved Subdivision N0. 5897 issued approval for recordation on May 1, 1990. There are 15 existing or in the process of construction and 33 vacant lots. Vacant lots and/or improved lots may be sold by each lot owner. 3. Do -cu think that your request and your further plans for the land wil. aliev.ate the local housing situation? YES How? This subdivision is part of the Mauna Lani Resort Master plan and has already been approved by the county of hawaii. 4. Are there any buildings on the subject area? YES If so, what kind: 15 of the lot have single family dwellings or in the process of being constructed. what do you intend to do with those buildings if your request is approved? Each Lot owner will utilize the dwelings as single family dwelings as required by the Homeowners association CC&R's. -2- Is ;he subject lc.nd cur-ently being used for any agricultural activity? If so, please 'i_-� the rinds of products grown and on how many- square feet or acres of land per product. no your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 7. Do you think tha' the roads leading to the subject area needs improvement? If so, what kin(i? Is the road adequate fo: the proposed traffic volume or load? 8. Wha- sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed"? a. Schools b. Roads C , Sewer d. Drainage e police Protction yes :ln x x NO me YES YES Yes f. _i -e Pro--ction 9. Recreational Fac_^_ties Public Ut,lities other NO NO NO For those checked "yes," please elaborate what type or kinds of _mprovements and/or assistance are needed. STEVEN C. IM, •SQ., CARLSMITH BALL LLP Signature: Address: P.O. Boa 1720 Railia—Rona, HI 96745 Telephone: 329-6464 Date: May 13, 2003 633�A/50A -4- P.D. 5/84 Exhibit List APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: .Steven .S. C. Lim, Esq., Carlsmith Ball LLP (hvners: Lot (hvners within the Champion Ridge at Mauna Lani Suhdivision of the Tax Map Key parcels listed below Request: A Change ofZone Application from Multiple Family Residential 3, 000 square feet (RM -3.0) to Single Family Residential 20, 000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing .Single Family Dwellings. Tax Map Key No: (3) 6-8-027: 001. 003 to 007, 009 to 012 016 to 027. 029 to 035 Exhibit A Letters of Authorization from Homeowner Association and Applicants as Individual Fee Owners Exhibit B Regional Location Map of Property Exhibit C Tax Map Key Map of Existing Subdivision Exhibit D Copy of Homeowners Association for Champion Ridge at Mauna Lani CC & R's Exhibit E Copy of Approved Planned Unit Development Permit (PUD) No. 36 109612.1-037749 00003 EXHIBIT A 4096512. 1 .037799{)0003 Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 001, 003 to 007, 009 to 012 016 to 027 029 to 035 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carkmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental pernut applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: HOMEOWNERS ASSOCIATION OF CHAMPION RIDGE AT MAUNA LANI By / 7e lr c Q • Al( BEN D. McALLISTER Its President Mailing Address: 68-129 Pukaua Place #23 Kamuels, Hawaii 96743 DATED: �Zoj 4096308.1,037799-00002 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:001, Lot 01 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this execut�WizaLi!q iehall also be considered as effective and valid as the original. /��// ���� *fi KAREN MELCHERS =j COMM. #1270237 Wi 7 Notary Public-Callforrmia co MARIN COUNTY —• My Comm. Exp. July 21, 2004 Subscribed and sworn to before me this /0 day of -� , 2002. Name: /�✓� �� �( h��l Notary Public, State of My commission expires Mr Subscribed and sworn to before me this day of ' 2002. Name: Notary Public, State of r��� lam. My commission expires:� 21 %� FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:003, Lot 3 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lam, to apply for, execute and process any and all applications, forms, documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Subscribed and sworn to before me this Q� da ofApr1 __2002 Name: GEORGE R. PASCUAL Notary Public, State of //a4II.)6I_ expires:0 CT i FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:004, Lot 4 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. PIOTAR} PUBLIC rF� H Subscribed and sworn to before me this day of nom. �a �, 2007. �o�cJC l-� oso VX Jana Mug#ffe: Notary Public, State of N a� My commission expires: g S Zoos ar Jac ' odgsk �R '3 Barbara Hodgson Subscribed and sworn to before me this `t day of -J_, 200]' Na116' Notary Public, State of N^•x %. My commission expires: S Zoos FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:005, Lot 05 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lam subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Mr. William Cannon Subscribed and sworn to before me this 1—IL day of Notary Public, State of �U Subscribed and swom to before me this day of Name: Notary Public, State My commission expires: My commission expires: 2002. 1 MAR -4 2002 J Tax Map Key No: (3) 6-5-027:006, Lot 6 Champion Ridge at Mauna Lam, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. -!�-A •,�1�"i- • 1/StanjV i i i Grace Czerwini Subscribed and sworn to before me this qday of D2�0,-,-cAn, 200L �ta� �2 CX 7NV6k.� Name: Jana Mugford Notary Public, State of�i cII wcw_ My commission expires: � '5 _2 00S Subscribed and sworn to before me this day of rAo-v , 2007 (--)V-c,c-2 Czerw,nsL- Name: "", Y � .Jana Mugford'" 1 Notary Public, State ofu�r�`-� My commission expires: a .S -Zc o 5 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:007, Lot 07 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lam, to apply for, execute and process any and all applications, forms, documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lam subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Subscribed and sworn to before me this IuF/day of 2002 � 2002 "/� L ¢io.✓e� Name: EVa flFry a ws�_ lQ-oWC-i Notary Public, State of �4 My commission expires:` Subscribed and sworn to before me this day of Notary Public, State of My commission 2002 r R-729 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED APR 09, 2003 02:00 PM DOC NO(s) 2003-065651 Illl 1111111 llllllllilllllllllllilllllli REGIs/ CARL T WATANABE ISTRAR OF CONVEYANCES 20 112 Z1 CONVEYANCE TAX. $000 P Return by Mail( ) Pickup (XX) To: I CADES SCHUTTE A LIMITED LIABILITY LAW COMPANY (PJL) P.O. Box 939 Honolulu, Hawaii 96808 Telephone_ (808) 521-9200 Document contains -7 pages QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That SHIRLEY ANNE LINCE, unmarried, of Tualatin, Oregon, hereinafter called the "Grantor", in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to her paid, the receipt of which is hereby Acknowledged, does hereby remise, release and forever quitclaim unto MARVIN LEROY LINCE, unmarried, whose address is 68-125 W. Pukaua Place, i Kohala Coast, Hawaii 96743, hereinafter called the "Grantee", and his heirs and assigns, all of the Grantor's estate, right, title and interest in and to: ALL of that certain parcel of land situate at Waikoloa, South Kohala, Island and County of Hawaii, State of Hawaii, described in Exhibit "A" attached hereto l and made a part hereof, subject, however, to the encumbrances mentioned in said Exhibit "A"; TO HAVE AND TO HOLD the same unto the Grantee and his heirs and assigns, forever, subject to the encumbrances mentioned in said Exhibit "A". AND the Grantor, for herself, her heirs and personal representatives, hereby expressly assigns, conveys and transfers, without recourse, to the Grantee, his heirs, personal representatives and assigns; each and every warranty, representation and obligation to defend as are given to the Grantor and the Grantee by John W. Hoffee, 11, Trustee under the John W. Hoffee 11 Declaration of Trust, created by a Trust Agreement dated April 5, 1993, under that certain IMANAGED13 455812 1 I Warranty Deed dated November 15, 2000, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2000-168183, covering said land and premises. IN WITNESS WHEREOF, the Grantor has 3, 2003. Cpa-� Fa{ vP, STATE OF ORE60Nf COUNTY OF los 144(,Z-�-� SS. ) rA these presents as of LINCE On this ? 2 of February 2003, before me personally appeared SHIRLEY ANNE LINCE, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that such person executed the same as such person's free act and deed. ERNESTOq C+QHZA-2 ti.. Commleelon 1 1364)45 Notary public. Cotitomla G lue Mpebe County _ My Comm. time May 1, 2= 1MANAOEDBA55812.1 Signature Name:\ Notary Public State o OAx-�2�6i My commission expires: VC4 �, ALL of that certain parcel of land situate at Waikoloa, South Kohala, Island and County of Hawaii, State of Hawaii, being LOT 7 of the "CHAMPION RIDGE AT MAUNA LANI", as shown on File Plan Number 2003, filed in the Bureau of Conveyances of the State of Hawaii (the "Bureau"), and containing an area of 24,056 square feet, more or less. BEING THE PREMISES CONVEYED BY DEED GRANTOR JOHN W. HOFFEE, I1, Trustee under the John W. Hoffee II Declaration of Trust, created by a Trust Agreement dated April 5, 1993 GRANTEE MARVIN LEROY LINCE and SHIRLEY ANNE LINCE, husband and wife, as tenants by the entirety DATED November 15, 2000 RECORDED Document No. 2000-168183 SUBJECT, HOWEVER, to: Reservation in favor of the State of Hawaii of all mineral and metallic mines. The terms and provisions contained in the following: INSTRUMENT MAUNA LANI RESORT ASSOCIATION DECLARATION OF COVENANTS AND RESTRICTIONS DATED June 3, 1982, effective June 3, 1982 FILED Land Court Document No. 1120889 RECORDED Book 16425 Page 203 Said Declaration was amended by instruments dated June 3, 1982, effective June 3, 1982, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii (the "Land Court") as Document No. 1121081, recorded in the Bureau in Book 16428, Page 456, dated August 13, 1982, filed in the Land Court as Document No. 1129996, recorded in the Bureau in Book 16545, Page 345, dated June 23, 1986, filed in the Land Court as Document No. 1380755, recorded in the Bureau in Book 19613, Page 236, dated January 8, 1987, filed in the Land Court as Document No. 1432988, recorded in the Bureau in Book 20284, Page 384, dated October 28, 1987, filed in the Land Court as Document No. 1507024, recorded in the Bureau in Book 21287, Page 398, dated June 22, 1988, filed in the Land Court as Document No. 1560401, recorded in the Bureau in Book 22084, Page 131, dated June 25, 1991, filed in the Land Court as Document No. 1832379, recorded in the Bureau as Document No. 91-089395, dated November 7, 1995, filed in the Land Court as Document No. 2281205, recorded in the Bureau as Document No. 95-168247, and dated March 10, 1998, effective January 30, 1998, recorded in the Bureau as Document No. 98-033812. EXHIBIT "A" IMANAGEDB.455812.1 Designation of Declarant and Co -Declarant of The Mauna Lam Resort Association Declaration of Covenants and Restrictions and Acceptance dated March 10, 1998, recorded in the Bureau as Document No. 98-033812. The terms and provisions contained in the following: INSTRUMENT DECLARATION OF COVENANTS AND RESTRICTIONS OF CHAMPION RIDGE AT MAUNA LAN] DATED December 11, 1989 RECORDED Document No. 90-080168 Said Declaration was amended by instruments dated April 1, 1998, recorded in the Bureau as Document No. 98-066628, and dated October 7, 2000, recorded in the Bureau as Document No. 2000-169716. A. Encroachments or any other matters as shown on survey map prepared by Chrystal Thomas Yamasaki, Land Surveyor, with Wes Thomas & Associates, dated October 2, 2000, a copy of which is attached hereto as Exhibit "B" and is hereby incorporated herein. EXHIBIT "A" J Page-7-- IMANAGEDH 455812.1 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:009, Lot 9 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The tmdersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms, documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. SubsVed and sworn to before me this g day of ��, , 2002 Name: L - �a iia Notary Public, State of__/7�au� My commission expires: /a /9—�'� 4chard Sandulli Kelly Sanli Subscribed and sworn to before me this day of _ 1002 . GY,GcJ� Name: e r ry _ t GY I UO( -- Notary Public, State of�a _ My commission expires: /oZ - r 4 f 05 _ Fee Owners and/or Analicant's Letter of Authorization Tax Map Key: (3) 6-8.027: 010 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fec owncrs of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Mailing Address: Subscribed and sworn to before me this JS' dayof 0--)' J-)- , 2003. �Tohnl J ,�zE/5�iala�tKFP_ , Notary Public, State of clfriede Beyer My con= ° ° b4e*jfssian k DDII6944 Egires June 7. 2005 iQoded Thm �h,�in�Pd Aa9Cdc tcGdidBCo., ASC. OWNERS; MR, JOHN J. rLEISCHHACKER MRS. DAVEANNA R. FLEISCHHACKER r. )o . Fleischhacker By: o- L9ee-i� ' < Mrs. Daveanna R. Fleischhackor 2845 Little Orchard Way Wayata, MN 55391 DATED:es S 03 Subscribed and sworn to before me this day of ^rY ' 2003. Name4b- rt� Notary Public, State of .,,;P,-,, iariede neyer My � # DDt159d9 com s Pn l L- spires Juee—TiM— ,vp.,..t:' Bonded TLru BDAdiIIg Cu, Ine. z•d 60E6 -588 -BOB -p1-I `sqJosaN otsser;7 dTE:eo co bt JeA FEE OWNERS) LETTER OF AQTH,QNUTION Tax Map Key No: (3) 6-8-027:011, Lot 11 Champion Ridge at Manna Lauf, Waiko)oa, District of South Kobala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc, to change the zoning for my/our Lot in the Champion ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related -to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Subscribed and sworn to before me this _ day of , 2002. i vEly L_ f,A\JUI?t- C Subscribed and sworn to before me this day af�_, 2002. llrn A EAVo¢ t-r:C Name: 8M 0 (tri ai )t4A Name:ft)Vl ft ti K 26GP4,I lL tGt � Notary public, State of_ q� qtr t t Notary Public, State of li sLt n%tbY) fres: i��l`?-u5 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:012, Lot 12 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. It; . Guy Tucker Mrs. arilyn Tue er Subscribed and sworn to before me this a20 day of 1--fPXC14- L S Name_ Jaser,ti,i Notary Public, State of f4�jii My commission cxpires:61�0_oj' Subscribed and sworn to before me this �cio Z day of /t/1bZcH 200f 6 - Name: Tas��.v� A 6u vx.iic Notary Public, State of �. S My commission expires: FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:016, Lot 16 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lam subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. `Ms. Fran Whisnant I►L�JL'i1i►7111 • • -`/= �•s * PUBLIC OF'H Subscribed and sworn to before me this day of 2002. Name: Notary Public, State Subscribed and sworn to before me this -t1 day ofF� 2002. Er lav\, L,3lti sin 0.x Name: r'L.0 SJ w r d Jana Mugford Notary Public, State of_a �e My commission expires My commission expires: � - S- 20 o S FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:017, Lot 17 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohata Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this A ecj/�irlhorization shall also be considered as effective and valid as the original. / / �/ < Subscribed and swom to before me this day of 2002. Name: =v"�;�=-� Notary Public, State of Mr. Ray R. Brown Mrs. Dianne L Brown Subscribed and swom to before me this 2002. Notary Public, State of�i' A� � �At Mycommissionexpires: _I!h___ IRlycommission expires:-;il� (�'� Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 018 District of South Kobala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. OWNERS: DR ADRIENNE BRENT Dr. Adrienne Brent Mailing Address: 4643 Park Mirasol Calabases, CA 91302 DATED: 3 i 3 — O Ii- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California County of ss. On' I �__�3rZ �eloreme, t_il 3G Pale Name iM Tlt o' ogI I._q, •.lane Oeo, Noby Pu91k� personally appeared.�t1f'tGK'/�L)�c{=,h ___ NamK+1 of Sirortal 'tilp'ersonally known to me ❑ proved to me on the basis of satisfactory evidence R!• JOMNfON odw•1101210 110tIt7tY ra lUII1C' CaYo�Y° faalAlr WNW —Eq- ftbq. to be the perso%o whose nameo is/3rti Subscribed to the within instrument and acknowledged to me that Wsheltfjey executed the same in W7her/Ui6Tr authorized capacity(joe), and that by Wher/1Jbetr signatureW on the instrument the persoriW, or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official sea)_ slo„y,,,,dwra.r waa. - OPTIONAL ➢rough the Inlolmabon below 15 nor required by Jaw d may Prove V-10abfe Io (Iar50115 relying on the document and =Idpm,v rf fraudulerl removal and reattachment d Ibis form to anolher document Description of Attached Document Title or Type of Document 1 tv� �+��-V%S A•NO�Di��/ l7 l�cl /C(A� a�'r/!{f Document Date: J '-(3 ' Signer(s) Other Than Named Above: Capaciry(ies) Claimed by Signer Signer's Name: U Individual ❑ Corporate Officer—Title(s)., O Partner — ❑Limited 71General C Attorney -in -Fact J Trustee ❑ Guardian or Conservator F) Other: _ Signer Is Representing:___ Number of Pages: gIGNTTHVI1fePRIM SIGfJER.--- E 1999NI npI N�uaer'Ptwva on 9J500n 5no Aw 10 !A0,' IIAI+'11, CA M'I 2J92•wnw nalgnnlnaLLYeq� Pi9N No 5417 Roiev_ G.,II Ton,rree 1 K4 0,&.17 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:019, Lot 19 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lara, to apply for, execute and process any and all applications, forms, documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties he.eto agree that this instnnient may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Subscribed and sworn to before me this -Lr� day of (... Av._, � 2002 Name: Lot e rS e 1_ G rt - Notary Public, State of_l=ULo 4nc� My commission expires: 5 Lq� 2 04 U I OUISE PARKER NOTARY PUBLIC COLORADO Eunice Larson Subscribed and sworn to before me this day of Name: Notary Public, State of 2002 My commission expires: _ _ FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:019, Lot 19 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lara subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all. of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Subscribed and sworn to before me this a,?„d day of 2002. Name: L15A G.13. FURiA00 ,v\13- � a,IFUr''N �p,TtA R r %i •1,•,11111„ TF of h�`°” Public, State of ssion expires: J Mr. J�y nkel CHRI TOPHER FRA`NKEL Subscribed and sworn to before me this clary day of 2002. Name: 05A G.B. FUF7ADO O\,,,O11PIplllllllll�l„'• 0 FU 0`- C -'g dt6g.*`V State of adlr� �OTAR j_% O b1 comm$ssi6n expires: Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8.027: 020 District of 3uuth Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, Grid to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. C,�IFt�RN��4 pOUNW O1R'.L!90-6 Mailing Address: OWNERS: MR ROC M. FROST, LLCM Mr. Roe M. Frost 30001 Street of the Golden Lantern Laguna Niguel, CA 92677 DATED: 3 -2-0- 23 CEE WHrTE CG 0P1. 01345261 ?11 NOTAl1,P1:9i0•CAt1fCRNIA 2} ORANGE COUNTY I.++�a 1f' NY 2 2000 Fee owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-021: 021 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firn of Carlsrmth Ball LLP, to apply for, execute and process any and all County, State and federal governmental peramt applications, and to participate in proceedings related to said real properties. This aurhorization may be signed in counterparts, each of which sha;l be considered an original, and the counterparts shall together constitute one and rhe same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Mailing Address: S:bscribed and sworn to before me this ,Zgt 6e dayof ' Y„ 4 , 2003. CHARLENE M. LOPES Notary Public, Sate of Mycommissionexpires: ���' /�a�� OW-NEP.s: D.LD. COI" M Mr. ita ZeitLW It's Authorized P.O. Box 838 Kannuela, HI 96743 DATED: Subscribed and sworn to before me this day of--- , 20DI Notary Public, State My commission expires: ____ FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:022, Lot 22 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of thi execute& authorization shall also be considered as effective and valid as the original. �`, Subscribed and sworn to before me this a5 day of Name: Notary Public, State of_AU My commission expires: _L2�7 Mr. Ira Subscribed and sworn to before me this day of 2 00 1. Name: Notary Public, State 1Vly commission expires: FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:023, Lot 23 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lam subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are nor signatory to the original or the same counterparts. For all purposes, including without limitation,secordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Notary Publz otory Seal state at Missouri Platte County My Commission bores_ Jul 29,2002� Subscribed and sworn to before me this day of Name:kL&C— Notary Public, State of P1scl My commission expires:__ Mk2— Mr. Ben McCallister s. V' ginia McCallister Subscribed and sworn to before me this day of, i t_k , 2002, Name: alt �Of e Notary Public, State of ✓" / u fir' Nly commission expires: 712_, d 7 i Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3)-!6 8-027: 024 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. I T, 01,114 sit I %�M// OWNER: RICHARD M. NORMAN RICHARD M. NORMAN Mailing Address: West Avenue g' Anchorage0 Alaska 99518 \`\\\ygop!•A!0 `U�.�OTARy _9 DATED: 0,7-111 log 3 1@c — - PH3B10, 4096303.1.037799-00002 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:024, Lot 24 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this considered as effective and valid as the original. Mr. authorization Hayes Subscribed and swom to before me this Subscribed and sworn to before me day of , 2002. 1.41, day of f(lcyur Name: Notary Public, State of My commission expires:___ also be r rr V,OTARy•.I r� � .UA� p(1B1IG� Name: Notary Public, State of IiA�cs MW My commission expires FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:025, Lot 25 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. e �Y3919?9FBIJy y1wPot>` A. ' Susworn to before me this aooa g day of� LG \/ 2-904. � TERESA A. KUAUMU Name: Notary Public Third,ludicial t'Irci it State of Hawaii Notary Public, State of 1 V4 Wo I I My commission _xpires:_ i 3 LM-AA:41 S ! .,_ Mrs. Holly Bake t a_g; !�8-I3! C- PUKa" Rt. KAOa Cow, Nr. 9�7y3 Subscribed and sworn to before me this day of Name: Notary Public, State My commission expires: 2001. Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 026 District of South Kohala Island, County and State of Hawaii The under signed ai e the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization maybe signed in counterparts, each of which shall ba considered an original, anti the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered ac effective and valid as the original. ' 7 L1V6`N . ,F -M C ER &GOLD INC. yam/ � � BRA CHAUPPET A Its Authorized Representative Mailing Address: 1615 Poydras Street New Orlenag, LA 70112 DATE, �/l V Subscribed and sworn to before me this 28th day of January, 2003. r 4099688.1.037799-00003 FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:027, Lot 27 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc, to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Subscribed and sworn to before me this dayof 1vvDl_,2002. Name: Notary Pub ic, State o1Lt�� ii lx, Dr. Gregory s. Keller Subscribed and sworn to before me this day of Name: Notary Public, State My commission exp 2002. Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 029 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as rho original. Mailing Address: Subscribed and sworn to before me this day of Name: 2003. Notary Public, State of __ My cc=ission expires:_,_ CHAMPION RIDGE PARTNERS *sAo Elkinsrized Representative 300 Puppy Smith Road #205-302 Aspen, CO 81611 DATED: Subscribed and sworn to before me this _ day of /t/t r _C'r , 2003. L Name ; ti ✓/ , j. �I f Notary Public, State ofi, tai'-Fljff�l y My commission expires:_,_ �; �J r o FEE OWNERS' LETTER OF AUTHORLZATION Tax Map K: y No: (3) 6-9-02'T:fi3lT, Lot 3-0 Champion Ridge at Mauna Lam, Waikoloa, D strict of -South Sobala Island; County and State of Hawaii undersigned -is4am the fee awner(s).of the real property above-Wentxfted,-and hereby a„rt,_nrize ) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc to change the zoning for my/our Lot in the Champion Midge at Nlauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings relatedto said Lot's zone 1:%hange _ The parties hereto agree that this iraso me nt may' be executed zu each of which shall be deemed au osigind, =f said countaparts shall; eanstitut-t am and the sarna aVwntent bittdin$ all of the parties hereto. ung all of the patties are not Vgnatsry to the o"ad or the same -counterparts, .Por all purposes, uwUu ing without husitaliaa,.recardaamr,. f &ng and delivery of this instrument,- duplicate tm,executed and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A. photo static or facsimile copy of this executed authorization shalt also be considered as effective and valid as the original. L EGCeI.r�Elrr�IIc�' Mr. A06ald Cargmaa Subscribed and sworn to before me this day oZI f j Zi3(13'y, as Ann Name: LAShtRilftB- Notary Public, State of �+ W commission expires: / a 2*X7drsq� day of .2001. Notary Public, State My commission expires: Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 037. District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Mailing Address: Subscribed and swom to before me this day of 2003. Notary Public, State of My commission expires-___ O A 'I CHAMPION RIDGE PARTNERS By., LLL 4r. ohn Elkins It' Authorized Representative 300 Puppy Smith Road #205-302 Aspen, CO 81611 DATED: -' /ri /0� Subscribed and sworn to before ine this /,-i day, of Name: — 2003. Notary Public, State of CO MyCommission expires:/ Tree Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 032 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization_ A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Mailing Address: Subscribed and sworn to before me this OWNERS: CHAMPION RIDGE PARTNERS By: M Jo Elkins It's Authorized Representative 300 Puppy Smith Road #205-302 Aspen, CO 81611 .DATED: 5 ri/o -5 Subscribed and sworn to before me this day of , 2003. _1- day of 144 PT N_12003.11 Notary Public, State of My commission expires: Name: ) L -',)D v" /i Notary Public, State ofCaOl-D� My commissio P ��pp`t '' c Fee Owaers and/or Applicant's Letter of Aumorization Tax Map Key: (3) 6-8-027: 033 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law fine of Carlsmith Ball -LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shalt also be considered as effective and valid as the original. Mailing Address: Subscribed and sworn to before me this day of Name: Notary Public, State of My commission expires:____ 2003. OWNERS: CHAMPION RIDGE PARTNERS By:��� Mr! Jo Elkins It's\ uthorized Representative 300 Puppy Smith Road #205-302 Aspen, CO 81611 DATED: � I ri /a Z Subscribed and sworn to before me this day of p1- PNS (' N 2003 J I Name: -F 1 C.'1� ' i A <3i'� Notary Public, State of Myconimission "0 '> ,/ Auer ; n p , b Fee Owners and/or Applicant's Letter of Authorization Tax Map Key: (3) 6-8-027: 034 District of South Kohala Island, County and State of Hawaii The undersigned are the authorized representative fee owners of and/or applicants for the real properties above -identified, and hereby authorizes the law firm of Carlsmith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properties. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. Mailing Address Subscribed and sworn to before me this day of Name: Notary Public, State My conunission expires: 2003. OWNERS: CHAMPION RIDGE PARTNERS BY�-tx,ACl/,,L W. Jdhn Elkins It's Mithorized Representative 300 Puppy Smith Road 4205-302 Aspen, CO 81611 DATED: -� /I I /') 2, Subscribed and sworn to before me this I � daypfP;4 F i ,2003. Notary Public, State U My commission expires:. % FEE OWNERS' LETTER OF AUTHORIZATION Tax Map Key No: (3) 6-8-027:035, Lot 35 Champion Ridge at Mauna Lani, Waikoloa, District of South Kohala Island, County and State of Hawaii The undersigned is/are the fee owner(s) of the real property above -identified, and hereby authorize(s) the Homeowners Association of Champion Ridge at Mauna Lani, to apply for, execute and process any and all applications, forms documents, etc. to change the zoning for my/our Lot in the Champion Ridge at Mauna Lani subdivision to a "Residential" district classification and to participate in any and all proceedings related to said Lot's zone change. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. A photo static or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. W� bscribed and sworn to before me this Subscribed and sworn to before me this :N0TARY'; '�yl day of Moy-Co 2002. day of 2002. 9T� pQQ . — -- �ip�h�OFu GO) %%% RYYII, -- y ��Y�c��(i l Name: Notary Public, State of C-6020kdO Notary Public, State of Nly commission expires: 9 -,Y7-C� My commission expires:_ EXHIBIT B 40965 12,1.037799-00003 AIT It �3 P � n . __ -.•: � � � ." Ili u ,�, � Z i '�°did yl ° _I , 15, :,. F: �' \ •� ^� °: r .i 359s e �yit'l 1.. t, C if �/r•. 1 R �1� � 4 4y N Kl� (~ H L L to orn u cono tZt tv F, i:l a � 3 y •� �� <v 7 i � � . J � F �0 t •.z ,� . i t ' t f r I y I OF r x .tl ie '• Y S EXHIBIT B EXHIBIT C 1096512. L037799-00003 LEGEND 1--_ APPLICANTS - ---_ 3 NON—APPLICANTS ROADWAYS 1 I OPEN SPACE l 1 a e; I r • Yf dJ �I • C �i I M CM11PIONSRIP RIDGE AIL:,,`, ,JNA LANI SUBDIVISION) K" DRIVTE TO MAUNA LANI GOLF , COURSE P«T -L CHAMPaVR/DGEATMAUNALAW' MAUNA LANI RESORTS -PHASE® Z{F,P200,WA=LOA,SOUrHKOHALA,H4WAII HAWA#[Formerly pop. 6-8-.12) -- st ctser ter• �. �.�..�_ APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the Champion Ridge .at Mauna Lani Subdivision of the Tax Map Ivey parcels listed below Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the 'Tax Map Ivey. parcels Request: A Change of Zone Application from Multiple Family Residential 3,000 square feet (RMV( -3.0) to Single Family Residential 20,000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing Single Family (Dwellings. Tax MV a)Key �tq (:i) (-8-027: 001, (iO3 to 007 (1Q9 t�_(i1.2, 01.6 to 027, A29 to 035 Arorp r M ro M r.��rl a.:.. Oot I Pilpll1T ASf135MINr V ausitcr To CMANOS aRw-PEO PATCame'", •/R�TNM N IIM4 • rlar / {111fY•M7 R N�1�1. SXCT 111 IIAwAl! r+ .i MAP 17 ""1 R r @ a ao EXHIBIT C z� 3{i m' I� bryj C 0 p„ Z Ury2�o J� Y� hq NOS hU o2 y _Z Z 4^QTR Q W R� p a o W ti_ a rl N� ryT .'pV p Qp ti p OL p a � U C C p R r @ a ao EXHIBIT C z� 3{i EXHIBIT D 40965121.017799-00003 771E QRTOMAE OF me DmuMg4 RCCORDED AS FOIIOW& STATE OF HAWAII PU�R/EAU OF NVEYANCES DAIP.AI 3 - 19 it I DOCUMENT NO f r LAND COURT SYSTEM �_ REGULAR SYSTEM Return by Mail ( ) pickup ( _)To: __ DECLARATION OF COVENANTS AND RESTRICTIONS Of CHAMPION RIDGE AT MAUNA LANI WHEREAS, MAUNA LANI RESORT, INC., a Hawaii corporation, ("Declarant") owns real property situated in Kawaihae, Island of Hawaii, being CHAMPION RIDGE AT MAUNA LANI, more particularly described in Exhibit "A" attached hereto and by reference made a part hereof, herein referred to as "Property"; and WHEREAS, Declarant anticipates conveying such real property for the purpose of development into a high quality single-family residential subdivision; and WHEREAS, Declarant desires to maintain the natural beauty and assure the high quality standards for the development of the Subdivision is compatible with the character of Mauna Lani Resort, and to promote recreational, health, safety and social well-being of the Owners; and WHEREAS, Declarant deems it desirable to set forth general standards for the development of the Subdivision, and to institute controls on the use and maintenance of the Lots within the Subdivision; and WHEREAS, to accomplish these objectives, this Declaration subjects all Owners to this Declaration, to the rights of approval and all other provisions herein, each and all of which are for the benefit of the Subdivision and each Owner therein; NOW, THEREFORE, it is hereby declared that each Lot in the Subdivision is and shall be held, occupied, improved, transferred, sold, leased and conveyed subject to this Declaration, and it is agreed by all Owners that the Declaration is in furtherance of a common and uniform scheme for the development of the Subdivision, and this Declaration is intended to enhance and protect the value and desirability of the Subdivision as a whole and mutually to benefit each Owner and to create mutual equitable servitudes EXHIBIT 0 by the Declarant, the Association, or any of the Owners of any Lot against other Owners, tenants or occupants of the property, or any portion thereof. 3.02. Land Classification. All land within the Project shall be divided into the following land classifications: a. Residential Area. The Residential area shall be composed of all the residential Lots as shown on the Subdivision Map. b. Common Area. All of the Project other than Residential Asea or areas dedicated as public parks, roadways, utilities or other similar uses dedicated to the County of Hawaii, agencies thereof, or public or private utility companies. ARTICLE IV CONDITIONS, RESTRICTIONS AND DESIGN GUIDELINES 4.01. Land Use and Building Type. All buildings on the Project shall be used for one (1) single-family residential purposes. The Project is intended to be a high quality residential community. Time sharing of any portion of the Project, or rental of a residence for a term less than one (1) week is prohibited. No building shall be erected, altered, placed or permitted to remain on any individual building Lot other than one (1) detached, single-family dwelling, and a private garage for not more than three (3) cars nor less than two (2) cars. On Lot Nos. 1, 2, 3, 28, 29, 30, 31, 32, 33, 34 and 35, two-story dwellings shall be allowed, subject to approval of the Community Design Committee. 4.02. Commencement of Construction; Ovtion to Maintain. (a) Building Permit. Within three (3) years of the close of escrow conveying any Lot from Declarant to the original Owner, the Owner shall have obtained a valid building permit for a Residence from the County of Hawaii based on plans approved by the Community Design Committee in accordance with this Article IV (hereinafter referred to as the "Design Guidelines") and the procedures set forth in Article V of the Declaration of Covenants and Restrictions of the Mauna Lani Resort Association. THIS THREE (3) YEAR TIME RESTRICTION IN WHICH TO OBTAIN A VALID BUILDING PERMIT SHALL APPLY TO THE ORIGINAL OWNER AND ANY AND ALL SUBSEQUENT OWNERS OF A LOT AND SAID TIME RESTRICTION SHALL TERMINATE UPON THE COMPLETION OF CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE. In the event Owner fails to obtain a valid building permit from the County of Hawaii within the above stated time period, Declarant shall have the option of assessing a penalty of $2,000.00 for each month or portion thereof that exceeds the three (3) year time period; provided that if Owner fails to obtain a valid building 6- � r� architect registered and licensed in the State of Hawaii have been submitted to and approved by the Community Design Committee as provided for in Article V. The Owner or other party seeking architectural approval from the Community Design Committee shall bear all costs, including reasonable architects, engineers, attorneys and overhead charges, incurred in connection with reviewing and approving plans and specifications. 4.04. Residence Quality and Size. It is the intention and purpose of the covenant to assure that all Residences shall be of a quality of workmanship and materials substantially the same or better than that which can be produced at the date these covenants are recorded for the minimum permitted dwelling size. The ground floor area of the Residence exclusive of garage or lanais, shall have a minimum enclosed living area of 2,500 square feet under roof. A total maximum floor area shall be 5,500 square feet including two-story dwellings. 4.05. Building Envelope and View Corridors. (a) The Declarant has established a building envelope or a three dimensional volume of space, for each Lot. These building envelopes consist of 15 foot side yards, 25 foot front yards and 20 foot rear yards. Building envelope designations are based on view analyses, setback considerations, golf safety and other site planning criteria. - (b) All structures and improvements, including any building, accessory building, walls, fences, terraces, parking areas, recreation facilities, and other improvements, shall be built within the building envelope unless an envelope modification is approved in writing by the Community Design Committee. The Community Design Committee may approve non -building improvements outside building envelopes without envelope modifications to save prominent views in the case of irregularly shaped lots, or where shared patio walls, walls to screen parking, or recreational improvements are proposed by adjoining Lot owners. In such cases, the Community Design Committee must conclude that these improvements will not have a negative effect upon adjacent Lots or the project as a whole. (c) The placement of all buildings and improvements within the building envelope shall require the approval of the Community Design Committee, and the Community Design Committee may require further restrictions of building placement within the envelope. (d) The building envelope setback limitations shall constitute view and safety easements which shall be enforceable by the Owner whose view is impeded by a violation of these easements and/or the Board. Neither the Declarant nor the Association guarantees any unobstructed views, and neither shall have the obligation to enforce any of the envelope setbacks. S - EXHIBIT (e) Notwithstanding compliance with the above, the Community Design Committee shall have the power and authority to deny approval of any structure, improvement, or landscaping outside the building envelope which impairs the views from another Lot. 4.06. Heights of Buildings. (a) No portion of any improvement, except chimneys, shall exceed or extend above the imaginary plane running parallel to existing grade measured at a height of 20 feet for designated one-story lots and 28 feet for designated two-story lots. No chimneys shall extend 4 feet above the highest point of the roof of the dwellings. (b) Any designated two-story residence shall have its second floor stepped back from the first floor on the front and rear lot line elevations of the building and the second floor area shall not exceed sixty percent (60%) of the first floor area. No portion of the second floor shall overhang the first floor. (c) Notwithstanding compliance with the above, the Community Design Committee shall have the power and authority to deny approval of any structure, improvement or landscaping which unreasonably impairs the views from another Lot. 4.07. Primary and Secondary Units Only one (1) single-family detached residential unit shall be permitted. No secondary, guest, or caretaker units shall be allowed. 4.08. Standard Exterior Architectural Restrictions. Except where otherwise approved by the Community Design Committee: (a) Architectural character of all residential buildings shall be of a contemporary, Hawaiian style. Tudor, colonial, Georgian and French provincial styles are prohibited. (b) All exterior surfaces (excluding glass) of all improvements shall be stucco, or stucco -like material, concrete and stone. Use of wood is limited to balconies, columns, trellises and soffits. Wood types selected should be resistant to a tropical marine climate, and wood surfaces must be stained with a semi -transparent stain or painted. (c) All roofs shall be approved by the Community Design Committee. Hip roof design is encouraged. Gable roofs are discouraged. Hansard roofs are prohibited. The Community Design Committee deems low pitched roofs with large overhangs as most appropriate for the area's subtropical climate and horizontal landscape. All mechanical equipment, vents and ducts shall be screened from view. 9- EIBIT 0 EXHIBIT E .1096512.1.037799-00003 go l `RTIcIED MAIL Pts. Marcia Stevens, ASLA Project Planner Mauna Lani Resort, Inc. P.O. Box 4959 Kohala Coast, Hawaii 96743-4959 Dear Ms. Stevens: March 10, 1989 Planned Unit Development Application (PUD 88-6) Mauna Lani Resort, Inc. Tax Piap Key 6-8-22:22 After reviewing your application and the information submitted in behalf of it, the Planning Director by this letter hereby certifies the approval of your planned unit development request to allow the development of a 33 lot single family residential subdivision off of a cul-de-sac serving more than 16 lots and a 50 foot right-of-way with a 20 foot wide pavement and stabilized landscaped shoulders. The property is identified by Tax Map Key 6-8-22:22 and is located on the north side of Kaniku Drive along side the 16th anal 17th golf fairway within the Mauna Lani Resort Development, Kalahuipuaa, outh Kohe,la Hawaii. .. .. S -. The approval is, based "bti`tYie"f allowing:' The construction=of-the-pfdTeat will be completed within a reasonable period of time."from the -date' -of approval. The subdivision process will..begin:,immediately upon approval of the PUD application. Thedevelb ed ro osn'- p p pineril-substantially conforms to the General Plan. The County General PI'and`document specifies the levelop^ent as one of tkje island's major resort area. The present zoning of the property is RM -3.0 -which allows approxi- mately 14.5 units per acre. The average lot size of the proposed development is approximately 21,000 square feet which EXHIBIT E Ms. [Marcia Stevens Page 2 March 10, 1989 results in a density of approximately 2 units per acre which is well 'below the allowable density which is conforming to the General Plan. This single family residential development will constitute an environment of sustained desirability and stability, will be in keeping with the character of the surrounding development, and will result in an intensity of land utilization no higher than, and standards of open space at least as high as permitted or otherwise specified for the district in which this develop- ment occurs. The proposed 33 lot single family residential subdivision result in a density of two units per acre which is well below the present zoning density of 14.5 per acre. The proposed development will be in keeping with the overall low density residential development within the Mauna Lani Resort development. The applicant is proposing one access off of Kaniku Drive as access to theproperty resulting in two cul-de-sacs which would serve a total of 33 lots which is more than the maximum allowable 18 lots. Under the present zoning designation, the applicant could develop a total of 352 units on the property utilizing one access to the property via a 20 foot paved access. The proposed 50 foot roadways with a 20 foot pavement and landscaped shoulders would serve a development approximately one-tenth (1/10) of that allowed by the present zoning (RM -3.0). To provide for stub outs for future road extension from this proposed subdivision to the adjoining property would be useless since this proposed development abuts the fairways of the Mauna Lani Golf Course. Although the applicant is not providing the minimum roadway standards as required, they are providing another design scheme which will address the same roadway issues, in terms of access, drainage, etc.. Additionally, the reduction in density by one-tenth (1/10) of that allowed under the present RM -3 zoning density will have a lesser impact on the proposed and existing roadways. As such, the approval of a variance from the minimum roadways standards is considered and determined to be justified. The adjusted low density makes it desirable to apply this requirement differently than those ordinarily applicable under district regulations. No traffic congestion is anticipated based on the reduction in density and the adequacy of the pavement width of the roadway. Based on the foregoing, the Planning Director has further concluded that the Planned Unit Development application be approved subject to the following conditions: A. The applicant, its assigns or successors shall be responsible for complying with all the stated conditions of approval. EXHIBIT E Ms. Marcia Pacie 3 ,"arch 10, Stevens 1989 '. T'he development of the property stall be limited to 33 single family residential lots and shall be restricted to one single family dwelling per lot. C. The roadways within the development will remain in private ownership. The applicant shall file a recordable agreement, indicating the applicants liability, maintenance and other necessary provisions. This agreement shall be developed with the Department of Public Works and Corporation Counsel's office prior to final subdivision approval. This agreement shall also be included within the deeds of all future lots owners in this subdivision. D. Final subdivision approval shall be secured within two years of the approval of this permit. F. All other applicable County and State rules, regulations and requirements, including those of the Department of Water Supply be complied with. Should the applicant, its assigns or successors fail to comply with the above requirements, the Planning Director may nullify the Planned unit Development Permit. If you have any questions on this matter, please feel free to contact us. n ereIy, DOANE RANOHA Planning Director MC:ly cc: Department of Public Works EXHIBIT E County Environmental Report APPLICA TION FOR CHANGE OF ZONE Applicants: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven ,S C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3, 000 square feet (RM -_i. 0) to Single Family Residential 20, 000 square feet (RS - 20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings. Tax Man K v No: (3) 6-8-027: 001, 003 to 007, 009 to 012. 016 to 027. 029 to 035 Champion Ridge at Mauna Lani Subdivision, Waikoloa, District of South Kohala, County of Hawaii Prepared for: Lot Owners within the Champion Ridge at Mauna Lani Subdivision Prepared by: Steven S.C. Lim Carlsmith Ball LLP P.O. Box 1720 Kailua-Kona, Hawaii 9674? Telephone: (808)935-6644 May 2003 4096267. 1,037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Table of Contents APPLICATION FOR CHANGE OF ZONE Applicants: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S. C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application from Multiple Family Residential 3,000 square feet (RM -3.0) to Single Family Residential 20, 000 square feet (RS -20) to redesignate the subject properties to be consistent with the existing Single Family Dwellings. Tax Map Key No: (3) 6-8-027: 001. 003 to 007. 009 to 012, 016 to 027, 029 to 0-3 1. PROPOSED REQUEST ......................................... 2 1.1 Ownership .............................................. 2 1.2 General Site Description ......................................... 3 1.3 Statement of Objectives ...................................... .. 3 1.4 Existing Land Use ......................................... 4 1.5 Development Program .......................................... 4 1.6 Development Timetable ......................................... 5 1.7 Estimated Infrastructure Costs ...................... ............. 5 1.8 Chronology .................................................. 5 1.9 List of Tax Map Key Numbers for Applicants and status of development. ... 6 W96"67, 7799-00003 County Environmental Report homeowners Association of Champion Ridge at Mauna Lani Lot Owners of Champion Ridge at Mauna Lani (APPLICANTS) .......... 6 1.10 List of Tax Map Keys of Non -Applicants and status of development ....... 8 Lot Owners of Champion Ridge at Mauna Lani (NON -APPLICANTS) ..... 8 2. CONFORMANCE WITH STATE AND COUNTY PLANS ....... 8 2.1 State Land Use Law ...................................... 8 22 HAWAII STATE PLAN ................................... 9 2.3 Hawaii County General Plan ................................ 9 Economic ..... ....................................... ............. 10 Environmental Quality .......... ......................... 10 Flood Control and Drainage ................................ 11 Historic Sites ........................................... 11 Natural Beauty .......................................... 11 Natural Resources and Shoreline ............................ 12 Housing............................................... 12 Public Utilities .......................................... 13 Recreation ............................................ 13 Land Use . ........................................... 14 2.4 HAWAII COUNTY ZONING AND SUBDIVISION .............. . ... 14 2.5 SPECIAL MANAGEMENT' AREA ............................... 14 2.6 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) ......... 15 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 15 3.1 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING. 15 3.1.1 Topography and Soils ...................... 15 3.1.2 Natural Hazards ............................ 16 3.1.3 Air and Noise Quality ....................... 16 3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES ............ 16 3.3 .......... . .......................................... 17 3.3.1 ..... ................... ....................... 17 3.3.2 Scenic and Open Space Resources . . ......... . . 17 3.4 KA PA' AKAI O KA' AINA ISSUES: ....................... 17 a09(,26T1.0s2799-00091 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 3.5 SOCIO-ECONOMIC RESOURCES 18 3.6 SURROUNDING AREAS ................................. 19 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 19 4.1 Access ................................................ 19 4.2 Water System ......................................... 19 4.3 Wastewater System ............. I ....................... 19 4.4 Police and Fire Protection and Medical Services .............. . . 20 4.5 Utilities . ............................ ................ 20 5. ENVIRONNIENI rIL fLSSESSMENT AN]) ANALY.SIS 20 5.1 Relationship Between Short -Term and Long -Term Uses and Maintenance of Long -Term Productivity .................... . . 20 5.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS. ......... 21 6. ALTERNATIVES CONSIDERED21 6.1 No Action Alternative .................................. 21 6.2 Alternative Use . ...................... ............... 22 6.3 Alternative Locations ..................................... 22 6.4 Irreversible and Irretrievable Commitment of Resources 22 7.0 AGENCIES CONTACTED ..................................... 23 10')r,2(,71 037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 1. PROPOSED REQUEST 1.1 Ownership The owners of the Applicants properties are as follows: L TMK: 6-8-027: 001 - Gordon & Steve Goff 2. TMK: 6-8-027: 003 - Wendy Crabb 3. TMK: 6-8-027: 004 - Jack & Barbara Hodgson 4. TMK: 6-8-027: 005 - William Cannon 5, TMK: 6-8-027: 006 - Stan & Grace Czerwinski 6. TMK: 6-8-027: 007 - Marvin Lince 7. TMK: 6-8-027 009 - Richard & Kelly Sandulli 8. TMK: 6-8-027: 010 - John & Daveanna Fleischhacker 9. TMK 6-8-027: 011 - Steven & Kim Favorite 10. TMK: 6-8-027: 012 - Guy & Marilyn Tucker I 1 TMK: 6-8-027 016 - Fran Whisnant 12 TMK 6-8-027: 017 - Ray R. & Dianne 1. Brown 13 TMK: 6-8-027. 018 - Adrienne Brent Family Trust 14. TMK: 6-8-027: 019 - Eunice Larson, Jerry & Christopher Frankel 15_ TMK 6-8-027. 020 - Roc M. Frost 16, TMK: 6-8-027: 021 - Brighten Beach D.I.D. Corp. 17. TMK 6-8-027: 022 - Ira Leitel 18. TMK: 6-8-027: 023 - Ben & Virginia McCallister 19, TMK: 6-8-027: 024 - Gordon P. Hayes, Gerald Monkhouse & Richard M. Norman 20. TMK: 6-8-027: 025 - Holly Baker 21. TMK 6-8-027: 026 - Freeport McMoran Copper & Gold Inc. 22. TMK: 6-8-027 027 - Gregory S. Keller 23. TMK 6-8-027: 029 - Champion Ridge Partners (John Elkins) 24. TMK: 6-8-027 030 - Gerald Cargman, Jered Cargman 25. TMK 6-8-027 031 - Champion Ridge Partners (John Elkins) 26. TMK: 6-8-027 032 - Champion Ridge Partners (John Elkins) 27, TMK: 6-8-027: 033 - Champion Ridge Partners (John Elkins) 28, TMK: 6-8-027: 034 - Champion Ridge Partners (John Elkins) 29, TMK: 6-8-027 035 - James Kimsey The Change of Zone Application, Residential Questionnaire and Letters of Authorization from the Homeowner Association and the above -referenced owners for with the Change of Lone Application. (See Exhibit A) 1096267.1 037T)9-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 1.2 General Site Description The subject properties hereinafter to be referred to as the ("Properties") are situated within the existing Champion Ridge at Mauna Lani Planned Unit Development Subdivision. There are a total of 3 3 residential lots within this subdivision 29 of which are being requested to be redesignated to the Single Family Residential 20,000 square feet (RS - 20) zone district. The Properties are located on the North side of Kaniku Drive approximately 2,800 feet west of the Kaniku Drive and Main Entrance Road intersection within the Mauna Lani Resort development.(See Exhibit B) The Properties are more particularly described as the Champion Ridge at Mauna Lani Subdivision, situated at Waikoloa, District of South Kohala, Island and County of Hawaii, and are designated by above referenced Tax Map Key Parcel Numbers.(See Exhibit C) 1.3 Statement of Objectives The owners of the above -referenced lots hereinafter to be referred to as the "Applicants" are seeking a Change of Zone for these lots from the existing Multiple Family Residential 3,000 square feet (RM -3.0) to the Single Family Residential - 20,000 square feet (RS -20) zone district. The objective of this rezoning application is to have the zoning of the Properties be consistent with the actual use of the lots within the subdivision. These existing lots can only have one single family dwelling constructed on each lot in the subdivision, as provided below. The Champion Ridge at Mauna Lani Subdivision CC&R's recorded on May 30, 1990 with the State of Hawaii Bureau of Conveyances as Document No. 90-08168 in Article W (Conditions, Restrictions and Design Guidelines) Section 4.01 (Land Use and Building Type) state "All buildings on the Project shall be used for one (1) single family residential purposes. The Project is intended to be a high quality residential community. 'rime sharing of any portion of the Project, or rental of a residence for a term less than one (1) week is prohibited. No building shall be erected, altered, placed or permitted to remain on any individual building lot other than one (1) detached single-family dwelling, and a private garage for not more than three (3) cars nor less than trvo (2) cars. On Lot Nos. 1,2,3, 28, 29, 30, 31,32,33, 34, and 35, two-story dwellings shall be allowed, subject to approval of the Community Design Committee." Also Section 4.07 (Primary and Secondary Units) states that "Only one (1) single-family detached residential unit shall be permitted No secondary, guest, or caretakers units shall be allowed " 4096207. 1.03,,799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani The Champion Ridge at Mauna Lani Subdivision CC&R's recorded on May 30, 1990 with the State of Hawaii Bureau of Conveyances as Document No. 90-08168 in Article IV (Conditions, Restrictions and Design Guidelines), Section 4.05(a)(Building Envelope and View Corridors) states "The Declarant has establisher[ a building envelope or a three dimensional volume of space, for each Lot These building envelopes consist of a l5 foot.side yards, and 25 font front yards and 20 foot rear yawls....". The Zoning Code would require a minimum of 20 feet for front and rear yards and a minimum of 10 for side yards in the requested Single Familv Residential zone district. The Champion Ridge at Mauna Lani Subdivision CC&R's recorded on May 30, 1990 with the State of Hawaii Bureau of Conveyances as Document No. 90-08168 in Article IV (Conditions, Restrictions and Design Guidelines) in Section 4.06 (Heights of Buildings) of the CC&R's, state that "No portion of any improvement, except chimneys, shall exceed or extend above the imaginary plane running parallel to existing grade measured at a height of 20 feet for designated one-story lots and 28.feet for designated two- story lots. " (See Exhibit D). The maximum height limit within the requested Single Family Residential zone district is 35 feet. As such, the single family dwellings already constructed and to be constructed are and will be in compliance with the minimum yards and maximum height limit standards of the Single Family Residential (RS -20) zone district. 1.4 Existing Land Use The existing Land Use is a 33 Of all the Applicant Properties of Single Family Residential subdivision. in this Change of Zone Application, a single family dwelling has been constructed on twelve (12) of the lots, the remaining 17 lot are vacant. The 4 lots (Non -Applicants) which are not part of this Change of Zone Application have single family dwellings constructed on 3 lots, and 1 remaining lot is vacant. The surrounding land uses are the 16`h and 17" fairways of the Mauna Lani golf course and vacant lands. 1.5 Development Program There is no development program for the Properties, the only change will be the County of Hawaii Zoning Designation from the Multiple Family Residential 3,000 square feet (RM -3.0) to the Single Family Residential 20,000 square feet (RS -20) zone district. There are 17 (APPLICANT) and I (NON -APPLICANT) for a total of 18 vacant lots in the subdivision that will be developed with Single Family Dwellings as required by the Champion Ridge at Mauna Lani CC&R's. -4- tol)r>2cz1-037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani It should be noted that although not all of the owners are Applicants in this Change of Zone application, no owner will be able to develop the property for any Multiple Family Residential purposes because of the Subdivision CC&R's restrictions of one (1) single family dwelling per lot. 1.6 Development Timetable Subdivision No. 5897, approved on May 1, 1990, has been officially recorded with the State of Hawaii Bureau of Conveyances and each lot has its own separate parcel number. As such, each lot owner who has not constructed their single family dwelling as of this date, will determine when their particular lots will be developed. There is no timetable for the development of each of the vacant lots. 1.7 Estimated Infrastructure Costs There are no added infrastructural costs with this Change of Zone Application as all infrastructure improvements for the subdivision were constructed, inspected and approved prior to receiving Final Subdivision approval for recordation by the Planning Department on May 1, 1990, in Final Subdivision No. 5897. All infrastructural improvements to service this subdivision are available to each lot owner in the subdivision. 1.8 Chronology A_ July 1, 1987 - The Champion Ridge at Mauna Lani Single Family Residential subdivision hereinafter to be referred to as the "Subdivision" was rezoned to the Multiple Family Residential zone district by Change of Zone Ordinance No. 87-73 . B. March 10, 1989 - A Planned Unit Development Application to allow the development of the Subdivision for a 33 lot Single Family Residential subdivision off a cul-de-sac serving more than l8 lots and a 50 foot wide right-of-way with a 20 foot wide pavement and stabilizing shoulders was approved by the Planning Department as PUD No. 30. This PUD application was also processed under SMA No. 2 for the Mauna Lani Resort development which included this Subdivision area. (See Exhibit E) C- February 9, 1989 - A subdivision application for the 33 lot Subdivision (SUB 1989-19) was submitted to the Planning Department. D. May 1, 1990 - Final Subdivision Approval No. 5897 for recordation was granted for the Subdivision. E_ May 30, 1990 - The Declaration of Covenants and Restrictions of Champion Ridge at Mauna Lani Subdivision was recorded with the State of Hawaii Bureau of Conveyances as Document No. 90-08168_ -5- 4096267-1-037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani F. July 9, 1990 - TMK6-8-022: 022 (now TMK: 6-8-027: 014) were issued Building Permits No. 901417 for a Pavilion Building and No. 901418 for a Maintenance Shed, with Final Inspection on February 28, 1991 for the Pavilion Building and March 12, 1991 for the Maintenance Shed. 1.9 List of Tax Map Key Numbers for Applicants and status of development. Lot Owners of Champion Ridge at Mauna Lani (APPLICANTS) TMK: 6-8-027: 001 (Applicant) ....................... Vacant Land 2, TMK: 6-8-027: 003 (Applicant) ....................... Vacant Land 3. TMK: 6-8-027: 004 (Applicant) .......................... Dwelling Building Permit No. 975284 issued for a Single Family Dwelling on April 22, 1997 with Final Inspection on June 4, 1998. 4. TMK: 6-8-027: 005 (Applicant) ....................... Vacant Land 5. TMK: 6-8-027: 006 (Applicant) .......................... Dwelling Building Permit No. 925262 issued for a Single Family Dwelling on February 19, 1992 with Final Inspection on August 12, 1991 6. TMK: 6-8-027: 007 (Applicant) .......................... Dwelling Building Permit No. 925704 issued for a Single Family Dwelling on May 19, 1992 with Final Inspection on June 9, 1993. 7. TMK: 6-8-027: 009 (Applicant) .......................... Dwelling Building Permit No. 025118 issued for a Single Family Dwelling on January 31, 2002, no final inspection shown. 8. TMK: 6-8-027: 010 (Applicant) .......................... Dwelling Building Permit No 005571 issued for a Single Family Dwelling on April 24, 2000 with Final Inspection on March 5, 2002. 9. TMK: 6-8-027: 011(Applicant) .......................... Dwelling Building Permit No. 035414 issued for a Single Family Dwelling on April 3, 2003, no final inspection shown. 10. TMK: 6-8-027: 012 (Applicant) ....................... Vacant Land W 4096267-1.037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 11. TMK: 6-8-027: 016 (Applicant) ....................... Vacant Land 12. TMK: 6-8-027: 017 (Applicant) ....................... Vacant Land 13. TMK: 6-8-027: 018 (Applicant) ....................... Vacant Land 14. TMK: 6-8-027: 019 (Applicant) ....................... Vacant Land 15. TMK: 6-8-027: 020 (Applicant) .......................... Dwelling Building Permit No. 026102 issued for a Single Family Dwelling on August 14, 2002, no final inspection shown. 16. TMK: 6-8-027: 021 (Applicant) ....................... Vacant Land 17. TMK: 6-8-027: 022 (Applicant) ....................... Vacant Land 18. TMK: 6-8-027: 023 (Applicant) .......................... Dwelling Building Permit No. 995911 issued for a Single Family Dwelling on August 16, 1999 with Final Inspection on November 30, 2000. 19. TMK: 6-8-027: 024 (Applicant) .......................... Dwelling Building Permit No. 916596 issued for a Single Family Dwelling on November 29, 1991 with Final Inspection on May 18, 1993. 20. TMK: 6-8-027: 02.5 (Applicant) .......................... Dwelling Building Permit No. 985082 issued for a Single Family Dwelling on January 28, 1998, no Final Inspection shown. 21. TMK: 6-8-027: 026 (Applicant) .......................... Dwelling Building Permit No 926053 issued for a Single Family Dwelling on August 11, 1992, no Final Inspection shown. 22. TMK: 6-8-027: 027 (Applicant) ....................... Vacant Land 23 TMK: 6-8-027: 029 (Applicant) ....................... Vacant Land 24- TMK 6-8-027: 030 (Applicant) ....................... Vacant Land 25_ TMK: 6-8-027: 031 (Applicant) ................. . ..... Vacant Land -7- 40')6267. 1,01771)9-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 26 TMK: 6-8-027: 032 (Applicant) ....................... Vacant Land 27_ TMK: 6-8-027: 033 (Applicant) ....................... Vacant Land 29 TMK: 6-8-027: 034 (Applicant) ....................... Vacant Land 29 TMK: 6-8-027: 035 (Applicant) .......................... Dwelling Building Permit No. 985672 issued for a Single Family Dwelling on June 24, 1998 with Final Inspection on July 1, 1999, 1.10 List of Tax Map Keys of Non -Applicants and status of development Lot Owners of Champion Ridge at Mauna Lani (NON -APPLICANTS) TMK: 6-8-027: 002 INon-Applicant) ...................... Dwelling Building Permit No 915946 issued for a Single Family Dwelling on July 31, 1991 with Final Inspection on November 2, 1993, 2. TMK: 6-8-027: 013 (Non-Applicantl ................... Vacant Land 3 TMK: 6-8-027: 015 (Non -Applicant) ...................... Dwelling Building Permit No. 016632 issued for a Single Family Dwelling on December 21, 2001, no final inspection shown. 4. TMK: 6-8-027: 028 (Non -Applicant) ...................... Dwelling Building Permit No. 916114 issued for a Single Family Dwelling on September 3, 11.191 with final inspection on December 22, 1992- 2. CONFORMANCE WITH STATE AND COUNTY PLANS 2.1 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Properties are situated in the State Land Use "Urban District'. The County of Hawaii has jurisdiction of zoning within State Land Use Urban Districts. Therefore, the requested change from the Multiple Family Residential 3,000 square feet (RM -3.0) to the Single Family Residential 20,000 square feet (RS -20) is in conformance with the State Land Use Law. -8- 409(,267.1,037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 2.2 HAWAII STATE PLAN The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State_ The proposed action conforms with the applicable objectives and policies discussed below. • Goal: A strong, viable economy characterized by stahility, diversity, and growth that enahle the fulfillment of the needs and expectations of Hawaii's present and future generations. • Goal: A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural.cystems, and uniqueness that enhances the mental and physical well bing o f the people. • Goal: Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring ofparticipation in family life. Response: The existing approved Subdivision is already contributing to the attainment of the goals in the Hawaii State Plan goals in that the Subdivision has increased availability of residential products to Hawaii residents that contribute to the stability, diversity and growth of the local and regional economies. More specifically, the approved Subdivision does provide housing opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled in proximity to existing and planned developments within the Mauna Lam Resort development that has a planned setting that would encourage a sense of community responsibility and participation in family life. 2.3 Hawaii County General Plan The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals, policies, and standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) IVlap designates the Properties within the "Low Density" uses. The General Plan states that the Low Density as "Sin leamily residential in character ancillary community and public uses, and convenience type cununercial uses. " The Properties are located within the Low 9- 4096267. I .037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Density designated area of the Mauna Lani Resort development of this resort area. As a low- density residential use, the Applicants request to a Single Family Residential zone district are consistent with the County of Hawaii General Plan Land Use Pattern Allocation Guide Map designation and with the overall land use policies of the County General Plan for Single Family Residential development. The following is a discussion of the Project's consistency with the specific goals, policies, and courses of action of the General Plan that are relevant to the Project. Economic Goal • Provide residents with opportunities to improve their quality of life. Discussion: The Subdivision is an existing subdivision that was approved on May 1, 1990. There are presently 15 Single Family Dwellings constructed within this Subdivision. The remaining Properties which are vacant and have to be developed with Single Family Residences will provide short-term construction -related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in turn can be used to provide needed public services and facilities. Additionally, the approved subdivision has provided new housing opportunities for residents in a well planned and secure neighborhood environment. Environmental Quay Goal • Maintain an(l, iffeasrhle, improve the existing environmental quality of the island Discussion: The Subdivision will not result in any significant adverse effect on the environment. Although only 15 of the 33 lots have existing Single Family Dwellings, the development and construction activities for the development of the remaining 18 vacant lots will not adversely affect the existing environmental quality of the island. These potential short-term adverse effects on the surrounding area associated with construction activities, such as, potential noise, air quality, or drainage impacts, would be reduced or eliminated through the implementation of appropriate mitigative measures as required by the different governmental agencies rules and regulations. -10- u»62o7. Lt) 37799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Flood Control and Drainage Goals Conserve .scenic and natural resources. Prevent damage to man-made improvements. • Redzrce smfizce runoff and sediment rtmoff. Policy • All development -generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: The approved subdivision was completed in 1990 and is a Single Family Residential subdivision with a low -profile type of development that will not affect scenic view planes in the area. The Project area is within Zone X, which is defined as "areas determined to be outside the 500 -year flood plain". Historic Sites Goal • Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Discussion: There are no archaeological sites in the Subdivision which was approved by the Planning Department as Subdivision No. 5897 approved for recordation on May 1, 1990. In addition, the Planning Department approved a Planned Unit Development Permit No. 36 on March 10, 1989, This Planned Unit Development Application also indicated that there were no historical or archaeological sites within the Subdivision. Natural Beautv Goals • Protect, preserve and enhance the quality of areas endowed with natural beauty, inchuding the quality of coastal scenic resources. • Protect scenic vistas and view planes from becoming obstructed • Allaximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: Scenic view planes toward the shoreline will not be obstructed by the subdivision. "The Subdivision is located approximately 4,000 feet makai (west) of the Queen Kaahumanu Highway and will not impede the views of motorists traveling along the State right-of-way. The Subdivision may be slightly visible from the Queen Kaahumanu, but indistinguishable, as 1096267.1.037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani part of the larger regional view of the Mauna Lani Resort makai lands. The Subdivision is not visible from the shoreline which is approximately 3,000 feet on the mauka of the shoreline area. The area between the shoreline is relatively developed with the Mauna Lani Hotel Resort, golf course and other related residential development. Natural Resources and Shoreline Goals Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies • The shoreline of the island of Hawaii shall be maintained for recreational, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general puhhc. The shoreline shall he protected from the encroachment of man-made improvements and structures. Discussion: The Project is located approximately 3,000 feet from the ocean and is not anticipated to have any direct adverse impact on the shoreline resources. The overall Mauna Lani Resort coastline, however, does provide beneficial recreational opportunities, such as beach parks and public shoreline accesses for the general public. Housing Goals • Attain safe, sanitary crud livable housing for the residents of the Connnty of Hawaii. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and sndtable living environments for our people. Discussion: As stated previously, the Subdivision has assisted in replenishing the existing inventory of residential lots in the Mauna Lani Resort -12- aoyhun.i 03771)1t-ornm3 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Development. This will allow the market to have a continued as well as diverse supply of quality Single Family Residential units. The Subdivision has been constructed in accordance with the standards and requirements of the Department of Public Works. Public Utilities (foal To have public untity facilities which are designed to fit into their surroundings or concealed from puhlic view. Policies • A systematic program by the County, State and private interests shall identify sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth areas. All water .systems shall be designed and built to Department of Water Supply standards. Power distribution shall be placed underground when and where feasible. The County shall encourage developers of new urban areas to place utilities underground Private wastewater treatment systems shall he installed by land developers for major resort and other developments along shorelines and sensitive higher inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with state and county requirements. Discussion: All utilities for the Subdivision are installed underground and constructed in accordance with State and County design standards and requirements. Wastewater disposal is connected to the Mauna Lani Wastewater treatment plant which has been constructed and approved by the requirements of the State Department of Health. Recreation Goals • Provide a wide variety of recreational opportunities for the residents and visitors of the County. • Maintain the natural beauty of recreation areas. • Provide a diversity of environments for active and passive pursuits. Policy, • Public access to thr shoreline shall be provided in accordance with an adopted program of the Co niv of Hawaii. -li- 109czrzi_oi7799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Discussion: The Subdivision has its own Common Area where there is an existing Pavilion building, putting green and passive recreational areas. Passive and active recreational facilities are also available in the Mauna Lani Resort development. All of the recreational facilities within Mauna Lani Resort development have been developed to maintain the natural beauty of the area. Public accesses to the Shoreline are provided in the Mauna Lani Resort development. Land Use Goals To maximize choices of single family residential lots and/or housing for residents of the County. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. Discussion: The Subdivision is one of several residential projects within the Mauna Lani Resort development that will assist to replenish the existing inventory of house lots in this area of South Kohala, thus providing a continued choice of residential units in the area. The Subdivision is a Planned Unit Development subdivision that was carefully planned and programmed as a quality residential community located within the Mauna Lani Resort development. 2.4 HAWAII COUNTY ZONING AND SUBDIVISION The existing County zoning designation for the Property is Multiple Family Residential 3,000 square feet (RM -3.0). The proposed change of zone request is intended to be consistent with the existing Single Family Residential development that is allowed by the Subdivision CC&R's. In addition, the Properties are designated for Low Density Residential uses by the County of Hawaii's General Plan Land Use Pattern Allocation Guide Map (LUPAG). 2.5 SPECIAL MANAGEMENT AREA The Property is located within the Special Management Area (SMA) of the County of Hawaii. Pursuant to Chapter 205-2, the property is situated within the State's Coastal zone Management Area. The existing Subdivision is consistent with the objectives and policies of Chapter 205-2_ The existing Subdivision is included in the Special Management Area Major Use Permit No. 2, approved by the Planning Commission. -14- 4096267 1.037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 2.6 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) Pursuant to HRS, Chapter 205-2, the property is situated within the State's Coastal Zone Management Area (CZMA). The Subdivision is located approximately 4,000 feet makai (west) of the Queen Kaahumanu Highway and will not impede the views of motorists traveling along the State right-of-way. The Subdivision may be slightly visible from the shoreline (approximately 2,500 feet mauka (East), but indistinguishable, as part of the larger regional view of the Mauna Lani Resort mauka lands. The Subdivision is an existing Planned Unit Development (PUD) subdivision that was approved by the County Planning Department in May of 1990 and pursuant to Special Management Area Major Use Permit No. 2 approved on March 9, 1978. There have been a total of 14 Single Family Dwellings constructed since the Subdivision was approved. The Subdivision is a small residential component of the Mauna Lani Resort development. In addition, the County of Hawaii General Plan does not identify any recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources that will be adversely affected by the proposed rezoning and the existing approved Subdivision. There are no recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources in the Subdivision or within the immediate surrounding areas that would adversely affect the objectives and polices of the CZMA. The Subdivision is also not part of any ongoing County or State CZM programs for this particular area. Therefore, the existing approved Subdivision is consistent with the objectives and policies of HRS Chapter 205-2. 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 3.1 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING 3.1.1 Topography and Soils The Subdivision has an undulating topography which consists of clinker type A'a Lava. The overall productivity rating for agricultural use is rated as "E", or "Very Poor", by the Land Study Bureau. The State Department of Agriculture's Lands of Importance to the State of Hawaii (ALISH) map does not classify the area as containing lands of importance to agriculture. Impacts and Mitigation None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 15- 4096 267 1 037799-0000- County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 3.1.2 Natural Hazards Flood and Coastal Hazards. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the Property in Zone X, or outside the 500 -year flood plain_ The Subdivision is also located outside of the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone Volcanicand Earthquake Hazards. According to the United States Geological Survey maps, the Property is located within Lava Flow Hazard Zone 3, on a scale of ascending risk 9 to 1. Zone 3 areas are gradationally less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flow will cover these areas. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. Impacts and Mitigation. None. The Subdivision is not within any flood or tsunami hazard zone. All structures to be constructed within this Subdivision shall comply with the requirements of the Department of Public Works, and applicable Building, Plumbing and Electrical Codes to mitigate against potential earthquake hazards. 3.1.3 Air and Noise Quality Air. The air quality in the South Kohala is largely affected by air pollutants from natural rather than vehicular sources. The most predominant source of natural pollutants is from the emissions from the ongoing Kilauea Volcano eruption which can be seen in the form of a volcanic haze which intermittently blankets the area. Vehicular exhaust is a lesser source of air pollutants. Noise. Noise in the general area is associated with vehicular sources and residential and resort activities within the area. Impacts and Mitigation None. The proposed action will not alter the air or noise quality of the region. Fugitive dust and construction noise impacts specifically arising from future development can be mitigated by observance of standard industry practices for air quality and construction management. 3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES The Property is not among those listed as historic properties in the State of Hawaii Register, and has not been determined to be eligible for inclusion in the National Register of Historic Places. The Subdivision has been previously graded in accordance with approved -16- 4096267.1.037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani construction drawings when the subdivision application for this existing Planned Unit Development was approved. Impacts and Mitigation None. During the processing of the PUD and Subdivision applications, no surface or subsurface archaeological sites or remains were found. However, should any subsurface archaeological sites, artifacts or remains be uncovered, work shall immediately cease until clearance has been obtained from the Department of Land and Natural Resources, Historic Preservation Division and the County of Hawaii Planning Department. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna The Subdivision is an approved Planned Unit Single Family Residential development that was approved by the Planning Department in May of 1990. In the development process of the existing Subdivision, there were no rare or endangered flora or fauna discovered which would have been adversely impacted by the development of the Subdivision. Impacts and Mitigation None. The Subdivision was previously all A'a Lava and it is unlikely that there were adverse impacts to any rare or endangered native plants and/or species, since there remains no evidence of same within the Subdivision or the surrounding area. 3.3.2 Scenic and Open Space Resources Views from the Subdivision include a sweeping panorama of the coastal area from high points where vegetation does not obstruct the horizon. The Subdivision is not listed as a distinctive and identifiable land form distinguished by landmarks, or as having a vista of distinctive features identified in the General Plan within the South Kohala District. Impacts and Mitigation None. The proposed action will not directly impact upon vistas. 3.4 KA PA' AKAI O KA' AINA ISSUES: Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa' Akai O Ka' Aina case. The identity and scope of "vahred culhn-crl, historical, or natm-al resoru-ces in the petition area, inclucting the extent to iehich traditional and crrstonrcxry native Hawaiian rights are exercised in the petition cn'ea, -17- W96 z(,T 17_ an96zc,7. i_037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Discussion: There are no archaeological sites located in the Subdivision which was approved by the Planning Department as Subdivision No. 5897 and approved for recordation on May 1, 1990. In addition, the Planning Department approved a Planned Unit Development Permit No. 36 on March 10, 1989. This Planned Unit Development Application also indicated that there were no historical or archaeological sites within the Subdivision. It should be noted that there are no historical sites within the Subdivision that are listed on the Federal and/or State Register of Historic Sites, or in the County of Hawaii General Plan Historic Sites element. There also is no evidence uncovered to indicate that any traditional and customary native Hawaiian rights are exercised in the petition area. b. T he extent to which those resources - including traditional and customary native Hawaiian rights will he affected or impaired by the proposed action,- and ction;and Discussion: There is no evidence to show that valued cultural, historical, natural resources and traditional or customary native Hawaiian rights are conducted on the Property or being practiced in the area. Therefore, no resources or traditional and customary Native Hawaiian rights will be affected or impaired by the existing Subdivision. C. The feasible action, if any, to he taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: There is no feasible action to be taken by the Planning Commission or County Council other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in or around the Subdivision, that the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. 3.5 SOCIO-ECONOMIC RESOURCES The population of South Kohala has grown steadily since 1980 as a result of the expanding visitor industry in West Hawaii. The 1990 Census figures indicate a growth rate of 98.4% for the period 1980 to 1900 and 43.7% for the period of 1990 to 2000. This rapid growth in population and the projected in -migration will require the designation and allocation of land uses in appropriate proportions and in keeping with the social, cultural and physical environment of West Hawaii. -I8- 1096267.1 037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani Impacts and Mitigation None, as the existing uses and requested Single Family Residential zoning conform to the land use plans, policies and controls which support the designation and allocation of the Subdivision in Low Density uses by the County of Hawaii General Plan Land Use Pattern Allocation Guide Map. 3.6 SURROUNDING AREAS The Subdivision abuts the 16"' and 17" fairways of the Mauna Lani South Golf Course and vacant lands to the east and south. Impacts and Mitigation None, as no adverse impacts to surrounding uses and properties are anticipated as a result of the requested change of zone for the existing approved Subdivision. No further development for any future phases of the existing Champion Ridge at Mauna Lani Planned Unit Development is contemplated for the adjacent vacant property to the south. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access The Subdivision is accessed from the Main Road leading into the Mauna Lani Resort Development which intersects with Kaniku Drive, an existing roadway that has a 60 foot wide right-of-way with 8 foot wide paved shoulders and approximately a 24 foot wide, two lane pavement. The main vehicular entrance route leading to the Subdivision is from Kaniku Drive. Impacts and Mitigation None. It is anticipated that the requested change of zone will not generate any significant daily vehicular trip counts within the roadway systems in the Mauna Lani Resort development. 4.2 Water System County water service is currently available to the Subdivision that serves the Mauna Lani Development. Impacts and Mitigation None, Lot owners have access to the County Water System which serves the Mauna Lani resort development. 4.3 Wastewater System The Subdivision is serviced by the Mauna Lani Wastewater Treatment Facility_ Impacts and Mitigation None, the existing Subdivision is connected to the existing Mauna Lani Resort development wastewater treatment plant. In -1`7- au')r,2(n_i_()17-P)9-()ono+ County Environmental Report Homeowners Association of Champion Ridge at Mauna Lam addition, the Subdivision is unlikely to contaminate groundwater resources since the Subdivision is not located along the lower coastal resource areas of South Kohala. 4.4 Police and Fire Protection and Medical Services Protective and emergency services are provided by the County of Hawaii, with the police headquarters and fire station located in Kailua-Kona and also by the Police Station in Waimea and a Fire Station at approximately 1/4 mile north of the 73 mile marker on the Queen Kaahumanu Highway to service the resort areas along this section of the South Kohala District. Medical, surgical, acute care and skilled nursing facilities are available at either the North Hawaii Community Hospital in Waimea or the Kona Community Hospital in Kealakekua Impacts and Mitigation None required, as adequate police, fire protection and medical services are available. 4.5 Utilities Electrical power is available from the Hawaii Electric Light Company, and telephone service from Verizon Hawaii. Impacts and Mitigation None required since adequate utility services are available. 5. ENVIRONMENTAL ASSESSMENT AND ANAL YSIS 5.1 Relationship Between Short -Term and Long -Term Uses and Maintenance of Long -Term Productivity The existing approved Subdivision will alter the open space character of the property, but based on the findings within this report, with the implementation of appropriate mitigative measures, the Subdivision will not result in any significant short-term or long- term adverse impacts to the environment. The Subdivision is supported by the necessary public facilities and services, and development would proceed in a manner that is in concert with the long-range State, County and community plans for the region. Further development of the Subdivision with the additional 19 Single Family Dwellings will also result in socioeconomic benefits to the community. The construction work associated with the Subdivision will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes are expected to more than offset the cost for the minimal expansion in the need for public services necessitated as a result of the Subdivision. 20- 4096267.1.037799-00003 County Environmental Report Homeowners Association of Champion Ridge at Mauna Lani 5.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from establishment of the Project are minimized. They can be characterized as generic and specific Genericmitigation measures are standard actions aimed at reducing or eliminating impacts that have already been institutionalized through County, State or Federal regulations, codes, and ordinances, Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality effects, Generic mitigation measures are standard, accepted means appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions that may have residual or long-term effect, or those for which some form of monitoring or compensation for the environmental effect are required In terms of the Subdivision, the specific and generic mitigation measures that are recommended include: • limiting construction to dry periods to the extent practical limiting construction activities to daytime hours • adherence to all Federal, State, and County environmental protection, health, safety, and construction rules and regulations • controlling dust by watering exposed areas and through the use of proper stockpiling procedures • protection and preservation of archaeological and historical resources in accordance with appropriate State and County rules and regulations, if applicable. 6. ALTERNATIVES CONSIDERED An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs, and risks, was performed in order to assess options that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows. 6.1 No Action Alternative Under the "No Action' alternative, the Subdivision would continue to remain within the Multiple Family Residential zoning which would be inconsistent with the type of development that is allowed by the Subdivision CC&R's. Keeping the area in status quo would not be consistent with the economic and housing goals of the General Plan which allows residents with opportunities to improve their quality of life, attain safe, sanitary and -21_ 4P)(,>c,T ros77<9y-00003 County Environmental Report Homeowners Association of Champion Ridge at Mamma Lani livable housing for the residents of the County of Hawaii, maintain a housing supply which allows a variety of choice, develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people of the Hawaii State Plan which encourages a strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs and expectations of Hawaii's present and future generations, a desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well bing of the people, physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. The "no action' alternative also will not result in any physical change to the Property but the existing zoning would not be consistent with the existing single family uses. This alternative will not allow the objective of the Project to be achieved and would deny the public the homeowners the benefits associated with the proposed development. 6.2 Alternative Use The current zoning for the property is Multiple Family Residential (RM -3.0). The Property, based on its approved residential subdivision is already developed with Single Family Residential dwellings_ The Project would be compatible with the County of Hawaii General Plan. The alternative use for the for the Project would not permit anything but the development of Single Family Dwellings on each lot because of the Homeowners Association CC&R's requirement that allow only one single family dwelling per lot. Theretore, the alternative use of the Property for the Subdivision is not deemed to be a viable alternative. 6.3 Alternative Locations The Property has favorable site characteristics for Single Family Residential development. The Subdivision has been approved by the County of Hawaii and although there are other areas within the Mauna Lam Resort development for such uses, the redesignation of the zoning from Multiple Family to Single Family Residential would be complementary to the CC&R's requirements of the existing subdivision and be complementary and consistent with the requested zoning. Infrastructure to serve the property is already in place to the Subdivision. 6.4 Irreversible and Irretrievable Commitment of Resources As with any development, the proposed action will result in commitment of land, capital, material, public services, and utilities_ However, the low density of the proposed action should mitigate the extent to which these resources are encumbered. 4n9(,2(,7 l 037799-0000? County Environmental Report Homeowners Association of Champion Ridge at Mauna Lam Based on the above findings, the proposed Single Family Residential Change of zone redesignation would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the General Plan. 7.0 AGENCIES CONTACTED County Planning Department Department of Public Works Department of Water Supply Fire Department Police Department State Department of Land and Natural Resources State Historic Preservation Division Department of Health -23- 1016267-1,037799-00003 i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION _ • COUNTY OF HAWAII - 108 RAILROAD AVENUE- HILO, H[ 96720 _ HILO (909) 961-8339 WAIMEA (808)887-3018 KONA (808)327 3507 Date: , Zrj d f MEMORANDUM TO: Christopher Yuen, Director Planning Department FROM:vs�l ass Solid W ste Division SUBJECT: SOLID WASTE MANAGEMENT PLAN Relating to the subject application for ,P -1W /e<A e; this division has 3 1z a) NO commentsTest)' cri4l< G-�-Z7 2.1 9-ia and/or b) THE FOLLOWING clarifications/comments, as indicated 00 Commercial operations may not use transfer stations for disposal (x) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( ) Ample room should be provided for recycling. ') Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo Transfer Stations. am �I AU' -Qi -Uy NJA u-1 `.6 FY i1 i9 +laa:e FAX:80 961 FAG I DEPARTMENT Or PUBLIC WORKS COUNTY OF HAWAII I IILO HAWAII DATE: July 26, 2000 SO ID W& STS MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to; (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills, and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. (l REPORZ The co'nsultant's report will contain the following: I. Description of the project, its location, and the potential waste it may be generating; i.e., analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases, Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under thepolicies of the Department of Public Works, Solid Waste Division. 3. Since the Department of public Works promotes recycling, indicate onsite source separation facilities by waste-sireant; i.e., source separatiou bins of glass, metal, plastic, cardboard, aluminum, etc. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system Including the number of truck traffic ane the route that truck will be using to trantspon f�,e waste and recvcled materials. 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. Ail recommendations and mitigation measures will be addressed. Solid Waste Mgmc. Plan July 26, 2000 Page 2 of 2 u. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be oased on the highest potential use or zoning of the devctopment. REQUIREMENTS AND CONDITIONS A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Public Works, Solid Waste Division. I We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides ary conditions placed on the applicant by the Department of Public Works. I A licensed environmental or civil engineer -.viii draft and certify the solid waste management plats CONCUR: ROAEF/1-KANARU Chief Ennio r A NON-PROFIT EDUCATIONAL ORGANIZATION 24 -Hour Info Lines: 961-2676 • 329-2886 • www.recyclehawaii.org What does "reduce, reuse and recycle" mean? REDUCE: Means to limit the amount of rubbish you create through smart buying habits. Reduce the amount of trash in your life. Reduce your use of plastic by buying recyclable aluminum cans. Buy in bulk to reduce packaging. REUSE: Means to use something over again. Buy items that can be used many times before disposing. Reuse plastic storage containers instead of buying plastic bags to store food items. Save and reuse cardboard boxes and foam peanuts when shipping items. Donate usable items to charities for others to reuse. RECYCLE: Means to Pass through a cycle or part of a cycle oeain or to use again. Recycle your waste. Turn in aluminum and tin cans, glass and paper fiber for recycling. All can be made into new items. Compost food scraps and green waste into useful soil for your garden. By reusing and recycling items, we become aware of the impor- tance of reducing our usage of the Island's precious resources. Our choices as consumers DO make a difference! Recycle Hawaii is a 501(c)3 educational membership organization active since 1989. Our mission is to promote resource awareness and recycling on the Island of Hawaii. We educate and inform the people of Hawai' i about environ- mentally sound resource management and recycling oppor- tunities for a sustainable future. We provide island -wide presentations to schools and busi- nesses. We also respond to recycling questions via our 24- hour telephone InfoLines. Please visit our display booths at community events throughout the year. For more detailed in- formation, click on our website at www.recyclehawaii.org. Recycle Hawaii assists the County Solid Waste office with recycling and solid waste educational programs. We as- sist agencies, communities, businesses and individuals with recycling plans. We rely on your support. Please become a Recycle Hawaii member today. You can make a difference. WHERE TO RECYCLE. Additional Resources Appliances Automobiles, Abandoned Automobiles, Parts for Sale Batteries, Automotive/Deep Cycle Batteries, Household/Toy Batteries, NiCad/Wireless Phone Cellphones/Equipment Egg Cartons Electronics Fabrics Fire Extinguishers Foam Peanuts/Bubble Wrap Glass Green Waste Household Hazardous Waste Inkjet/Toner Cartridges Latex Paints Metals, Aluminum Metals, Ferrous Metals, Non -Ferrous Oil, Cooking Oil, Used Motor Paper, Brown Bags Paper, Corrugated Cardboard Paper, Holiday Cards Paper, Junk Mail Paper, Magazines Paper, Mixed Office Paper, Newspaper Paper, Phone Book Paper, White Office Plastic, # 1-7 Plastic, #2 Milk Jugs Plastic, Shopping Bags Tires 4 5 4&5 5 2 3&5 3 5 2 5 2&4 2 2 2 4 2 2 E T/NK ✓ET & ONER CARTRIDGE RECYCLING ase use original packaging or other protection t id damage. Drop off at any of these locations: BOND MEMORIAL PUBLIC LIBRARY 54-3903 Akoni Pule Hwy, Kapa'au 889.6655 COMPUTERS PLUS SERVICE 45 Shipman, Hilo 961.5534 COUNTY OFFICES OF DEPUTY MANAGING DIRECTOR 75-5706 Kuakini PI, Ste 103, Kailua-Kona 329.5226 COUNTY OFFICES OF DEPT. OF ENVIRONMENTAL MAA 25 AupuniSt., Hilo 961.8083 EVIE'S NATURAL FOODS 79-7460 Mamalahoa Hwy, Kainaliu 322.0739 HONOKA A PUBLIC LIBRARY 45-3380 Mamane St, Bldg 3, Honoka'a 775.8881 HONOMU COMPUTER RESOURCE CENTER 28-1672 Government Main Rd, Honomu 963.6889 HO'OKENA SCHOOL 86-4355 Mamalahoa Hwy, Ho'okena 328.2710 KEALAKEHE ELEMENTARY PCNC OFFICE 74-5118 Kealaka'a St, Kailua-Kona 327.4345 LAUPAHOEHOE PUBLIC/SCHOOL LIBRARY 35-2065 Old Mamalahoa Hwy, Laupahoehoe 962.2229 OCEAN VIEW COMMUNITY CENTER 92-8929 Leilani Cir, Ocean View 939.7033 ORCHID ISLAND RUBBISH & RECYCLE 485 Railroad Ave, Hilo 959.0475 TERI'S CUSTOM SEWING 45-3454 Mamane St, Honoka'a 775.9706 THELMA PARKER MEMORIAL PUBLIC/SCHOOL LIBRARY 67-1209 Mamalahoa Hwy, Waimea 887.6067 and cartons provided by Recycle Hawal' i. To obtain your own free mail -back envelopes, call 961.2676 or 329.2886, or click www.recyclehawaii.org. RECYCLE HAWAII IS LOOKING FOR ADDITIONAL DROP-OFF SITES AROUND THE ISLAND. METALS PAPER OTHEA 2 -©®o®mmmmm®w) na-un-MomnMul MONOMMMMMMUMI • • ---nnnnnn-..I M --.-------0i 0---0-.Un---1 NORTH • munowommmmmmi -.-.---..-M-I ®®®o®®0000nol nNoNnOMMMMM l m®®mm®Ii■ImomnNI KUKUIHAELE MMMMMMOMMMOMI KURTISTO ®® ®®®®®®mnol - • ���ooa000��ol VOLCANO m ®®®N®M®O®®®MI WAIKOLOA WAIMEA )IAI'OHINII 2 A111111111 IpIIIIII Z d N 3 COMPANY HOURS OF SERVICE PHONE LOCATION Atlas Recycling (Environmental Recycling) Buy-back 10 Until Full 3rd Sat. of odd month 935,9328 Chalon Farking Lot Sugar Moon Ciayworks Daily 11-6 889.0994 55.3435 Aikoni Pule Hwy #8 Business Services Hawaii Recycle Center 24 Hour Drop 959.1436 485 Railroad Ave Coastline Express M -F 7-6 r Label bag to: WaI Valley Artworks 935.5884 County of Hawaii & Business Services Hawai' i Daily 959.1436 Hilo Transfer Station East Hawaii Cultural Center Daily 8-6 in garage 961.5711 141 Kalakaua Ave Atlas Recycling Center (Environmental Recycling) M -F 8-5 Sat 8-3 24 Hour Drop 935.9328 30 Maka'ala St Haaheo School M -F 7.5 974,4111 121 Haaheo Hawaii Junk Ltd. M -F 7:30-4:30 Sat 7:30-3 935.6994 10 Halekauila St ♦ Hawai;LMetal Recycling Daily 961.3982 Hilo Transfer Station Orchid Island Rubbish & Recycle M -F 8:30-4 Sat 9-2 Cooking Oil Fee 959,0475 485 Railroad Ave Post Net M -F 9.7 ;Sat 9-4 • Sun 10-4 No cornstarch. 959.0066 Prince Kuhio Plaza Business Services Monthly Collection F -M Begins 3/14, 4/11, 5/16, 6/13, 7/11, 8/15 959.1436 Sports Complex Decorative Arts Call for appointment ; 775.9090 County of Hawaii & Business Services Hawaii Daily 959.1436 Honoka'a Transfer Station Honoka`a Uve Ad Gallery Daily - 9 6 775.1240 111 St (below Post Office) Kea'au Elementary School Call for information 982.4210 Extension 232 County of Hawaii & Business Services Hawaii Daily 959.1436 Kea'aU Transfer Station County of Hawaii & Rainbow Recycling Daily 885.1075 Keauhou Transfer Station Atlas Recycling Center M -F 8-4 • Sat 8 -Noon 329.6868 74-5599 Pawai Place County of Hawaii & Rainbow Recycling Daily 885,1075 Kealakehe Transfer Station • Hawaii Metal Recycling Daily 961.3982 Kealakehe Transfer Station Kadua Candy Company Daily 8-6 329.2522 Crossroads Shopping Center Maitlroites The Business Center M -F 8.6 ,Sat 8.4 329,0038 74-5563 Karwi Pacific Waste M -F 7 -Noon & 1-3 329,9766 74-5588 Pawai PI Zoes Photo & Copy Center M -F 8-7 , Sat 9-8 329.0006 North Kona Shopping Center Waipio Valley Artworks M -Sat Pick up or drop off. 775,0958 Kukuihaele AM.8 5 . - �" 966.6803: '2nd drive Hilo side of Hera Store Business Services Monthly Collection M -M Begins 3/3,3/31, 5/5, 6/2, 6/30, 8/4 959,1436 Laupahoehe Transfer Station CoumlyIof Hawes.& Business:,9omces Hawai Deity 959.1436 Pahoa Transfer Station County of Hawai'i & Rainbow Recycling Daily 885.1075 Puako Transfer Station ono Art Cabler0ffice " M-F'e430 • Cardboard Boxes Only 967.8222 ° "Bldg 76 at KMC Community Recycling in Puna Project Daily 967.7209 Cooper Center 4tfr�kolo Blemeitary Sdwof - ' - Daily , 24 Hours 883.0237 981730 Hooko' County of Hawaii & Rainbow Recycling Daily 885,1075 Waimea Transfer Station " H w i Bits Krr itik {ietty Engeto) `" Pick up Fee, - 775.7717 County of Hawaii & Ka'u High School Daily 928.2016 Wai'ohinu Transfer Station 3 RECYCLE USED MOTOR OIL The County of Hawai' i and Recycle Hawaii offer FREE permanent collection sites for non-commercial, do-it-yourself oil changers. 3 gallon limit. The locations are: HILO AUTO RECYCLING CENTER 663 East Kahaopea St., Hilo 959.1977 Mon -Fri 8:30 AM - 4:30 PM Sat 8:30 AM - Noon KEALAKEHE HIGH SCHOOL 74-5000 Puohulihuli, Kailua-Kona School Days Only 8 AM - 3 PM KONA HARLEY-DAVIDSON 74-5615 East Luhia, Kailua-Kana 326.9887 Mon -Fri 9 AM - 6 PM Sat 9AM-4PM Sun 10AM-4PM OCEAN VIEW SERVICE Hwy I I between MM 77 and 78 929.9221 Mon- Sat 6 AM -7 PM Sun 7:30 AM - 6 PM NE WAIMEA AUTO CENTER Across from Kohala-Waimea Airport 885.1245 Mon -Fri 8 AM - 6 PM Sat 8 AM - 4 PM ISLAND BELTWAY SERVICE On the Highway near Honoka'a 775.9996 Mon -Fri 12 PM - 5 PM 25 cents/quart ACCEPTABLE MATERIALS: Used motor oil, gear oil, shock oil, hydraulic oil, transmission oil and diesel. UNACCEPTABLE MATERIALS: Gasoline, water, brake fluid, solvents, thinners, paints, antifreeze, & anything mixed with oil. Please, do not use bleach bottles for transportation. REMOVE ABANDONED AUTOMOBILES.. 41"- On ntblic roads, call COUNTY OF HAW417 POLICE DEPARTMENT at 935.3311. 40' On private roads call HAWAfI METALS RE6YCL1NG at, 961-;3982. Fee. !'Or; Itaiil`to scra metal yards atH1L(3s� KEALAKEHE TRANSFER SfA DNS. RECYCLE OLD TIRES FIRESTONE TIRE & SERVICE CENTER 75-5629 Kuakini Hwy, Kailua-Kona 329.2488 Mon -Fri 7 AM - 7 PM Sat 7:30 AM - 6 PM $3 Fee. LEO'S RECYCLE 271 Kekuanaoa St, Hilo 935.5850 Mon - Fri, call ahead Pick up available island -wide. Fee, UNITEK SOLVENT SERVICES 76 Keaa, Hilo 935.8180 Mon - Fri, call ahead Pick up available island -wide. Fee. RECYCLE DEAD BATTERIES Lead and acid it batteries are very toxic and potentially dangerous. Remember to turn in batteries when buying new instead of holding onto dead batteries. DALECO 74-5552 East Kaiwi, Kailua-Kona 329.4605 Mon -Fri,iAM-5PM Sat 9 AM - 1 PM Small Fee. INTERSTATE BATTERIES 266C Makaala St, Hilo 934.7256, call for appointment Mon - Fri Small Fee. MAX'S AUTO PARTS, INC. Andrade Service Bldg, Honoka'a 775.7248 Mon - Fri 8 AM - 5 PM Sat 8AM-12PM NAPA AUTO PARTS 64-1019 Mamalahoa Hwy, Waimea 885.6000 Mon - Fri n AM - 5 PM Sat 9 AM -3 PM Sun 9 AM - 12 PM PAHOA BATTERYAND PROPANE 15-2980 Puna Rd, Pahoa 965.9499 Mon - Fri 8 AM - 6 PM Sat 9AM-4PM Sun 9 AM - 2 PM $4 fee. SPECIAL RECYCLING EFFORTS The Community Recycling in Ptufa Project collects fr, GLASS &ALUMINUM at the following locations: LEILANI COMMUNITY CENTER; 965.9555, (Pahoa area) LUGUIN'S PARKING LOT, below Farm@rs' Market; 965.9990, (Pahoay ' NANAWALECOMMUNITY CENTEI M, (Pahoa area) 1 SEAVIEW COMMUNITY CENTER, 965,BTfl, (Kalapana.area) 4 Proceeds are donated locally. For more information call 982.8086. Promoting resource awareness and recycling on the Island of Hawai t. _YES, I want to be part of a local, grass roots organization that uses education and community projects to advocate the recy- cling and reuse of valuable resources. Name Mailing Address City — _ Zip — Telephone(day( (eve( Email Date INDIVIDUAL: (VOTING) MEMBERSHIP _$10 Student/Senior $ 20 Individual $30 Family (2 votes( SPONSORING )NONVOTING) MEMBERSHIP _$100 Business/Group (Includes one presentation or consultation upon request.( .ADDITIONAL DONATION FOR: __Backyard Composting Workshops __Annual Christmas Treecycling Educational Outreach February School Recycling Challenge Used Motor Oil Program _Hawai' i Island Recycling Guide S_ TOTAL ENCLOSED A VERY BIG MAHAL®e Please mail to: Recycle Hawai i PO Box 4847 Hilo, HI 96720-0847 SLP Appliances Depot. 500 Kalanianaole Ave. M -Sat 7:45AM-4: 45PM. Island -wide, drop-off or pick- up. 935.8793. Hilo Auto Recycling. 663 E. Kahaopca. Member of Automotive Recyclers Assoc. 959.1977. Sec page 4, "Recycle Dead Batteries." See HOUSEHOLD: HAZARDOUS WASTE BATTERIES: HOUSEHOLD/TOY See HOUSEHOLD: HAZARDOUS WASTE, BATTERIES: NICAD/WIRELESS PHONE AT&T Wireless Services, 333 Kilauea Ave., Hilo. 935.9749. 75- 1027 Henry St. Kona. 329.0992. See HOUSEHOLD: HAZARDOUS WASTE See AT&T above. CONSTRUCTION: NONTOXIC LICOUIDS & UNUSABLE LATEX PAINTS Solidify to dispose in trash. Call County Solid Waste Division for more information. 961.8339. Volcano Ola'a Polynesia. 968.6917. ELECTRONICS: COMPUTER/ PRINTERS Computer Plus Service, 45 Shipman, Hilo. M -F 8AM-5PM. 961.5534. ELECTRONICS; WORKING OR NOT Rainbow Electronics, 650 Mamo St. Hilo. M -Sat. LOAM-4PM. 961.2716. FE114RIC` RAGS Waimea Transfer Station. Daily. 959 1712. FIRE EXTINGUISHERS: DRY CHEMICAL Fire Protection Services, Kona. Possible disposal fee. 325.7891. GLASS: CLUB SHOYU BREWERY QTTLES 45 Oman St., Hilo, HI 96720. Call first 935 3477. J-1 County of Hawai'i Solid Waste Division Hilo, HI 961.8339 5 HOUSEHOLD: HAZARDOUS WASTE Unusable poisons, solvents-, oil based paints, antifreeze, household, auto and all other batteries, contaminated motor oil, and more. County collections planned December/ June (Kealakehe & Hilo Transfer Stations). Call to confirm dates. 961.8339. HOUSEHOLD: POLYS NRENE EGg CANS Ilawaiian Fresh Egg Farm. Hwy 19 (Waimea/Kawaihae). Their only. 882.7931. METAL: ALUMINUM EXTRUSIONS (E.G. WINDOW FRAMES) Kohala Art Foundry, Kapaau, 884.5440. PAPER: USED/NEW FIQUDAY CARDS St. Jude's Ranch for Children. 100 St. Jude St. Boulder City, NV 89005, 800.492.3562. PAPEROUNK MAIL Mail Preference Service, Direct Marketing Association, PO Box 9008, Farmingdale, NY 11735-9008, Write to be removed from mailing lists. Include all names. PAPER: PHONE BOOKS Recycling occurs once a Vear. School contest sponsored by Verizon. 933.6514. Or, Kealakche Elementary PCNC Office, 74-5118 Kealaka'a St. Kailua-Kona, 32.4345. PLASTIC: SHOPPING BAGS Safeway and vendors at Farmer's Markets. Rebate at most grocery stores for using your own bags. PLASTIC., ALL TYPES. # 1 THRU #7 Honolulu Recovery Systems, PO Box 6356, 1lonolulu, 111968 1 S. Residents must pay for own mailing costs. 808.841.3179. PLASTIC: #2 MILK JUG TYPE ONLY Teri's Custom Sewing, 45-3454 Mamane St.. Ilonoka a. Must be rinsed clean. 775.9706. Hamakua Recycling Business Resource Center at Laupahoehoe Public/School Library. Books, Videos, etc. On business opportunities using recycled materials. Dale Burton, Rural Community Assistance Corp. 934.0559. Recycle Hawai' i �� N•� www.recyclehawairorg .° �= 961.2676 or 329.2886 PO Box 4847 • Hilo, HI 96720 Recycle Hawai ' i PO Box 4847 Hilo, HI 96720-0847 961.2676 • 329.2886 www.recyclehawaii.org Remember to a/ways Reduce, Reuse and Recycle/ l7C7A/A7,F=- O(7AV7- r71IMP There are plenty of places to take and buy used items. The yellow pages of your phone hook have many listings under these and similar headings: Antiques • Appliances -Used • Automobile Parts & Supplies -Used & Rebuilt o Bicycles -Used • Books -Used Collectibles • Consignment Shops , Furniture -Used , Second Hand Stores • Thrift Shops 13 T10A1 • i MA I?KAE• - i?jFC YCL AEV ITEM DESCRIPTION PREPARATION MARKET ottles Remove lids. Rinse clean. , < Shipped to mainland. s Sort by color 'Local glass products. Green Waste Yard trimming, Limited to 8" in diameter. Locally processed as mulch. ' Aluminum cans Rinse cans pix Asia and mainland. ✓' Ferrous Rempve valves - jyx 11scrip.metal brokers. -- (fin cans, large appliances, cars) from gas cylinderi, .�,,�_ ,;;;,•M �" " Non-ferrous ,,r, (brass, copper, aluminum, lead, stainless steel) , Paper Fiber Corrugated cardboard, Flatten cardboard. West Coast and Asia manila folders, fax paper, Keep clean & Dry brokers and paper envelopes with windows, NOTE: Protect your privacy. mills. newspapers, brown bags, Shred as needed. Local packing companies. l7C7A/A7,F=- O(7AV7- r71IMP There are plenty of places to take and buy used items. The yellow pages of your phone hook have many listings under these and similar headings: Antiques • Appliances -Used • Automobile Parts & Supplies -Used & Rebuilt o Bicycles -Used • Books -Used Collectibles • Consignment Shops , Furniture -Used , Second Hand Stores • Thrift Shops 13 LINDA LINGLE GOVERNOR OF IIAWNI S�T'8'wrca��p 13' Wl i nn &TE�OF HAWAII DEPARTMENT OF-�LND AND NATURAL RESOURCES HISTORW PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD .�� KAPOLEI, HAWAII 96707 May 23, 2003 PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR - LAND ERNEST Y W LAU OFP01111RECTOR WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND RESODRCES ENFOR CEMENT ENGINEERING FORESTRY ANO WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS HAWAII HISTORIC PRESERVATION Log: 2003.0586 DIVISION REVIEW Doc: 0305mm15 Received: May 22, 2003 Applicant/Agency: Lot Owners Within Champion Ridge at Mauna Lani Subdivision Address: c/o Steven Lim, Carlsmith Ball LLP Project: 6E-42 Review. Change of Zone Application (REZ 03-012) Location: Waikoloa, South Kohala, Hawaii Island Tax Map Key: (3) 6-8-27: 1.3-7,9-12, 16-27, 29-35 1. We believe there are no historic properties present: a, intensive cultivation has altered the land x b residential development/urbanization has altered the land _x_c previous grubbing/grading has altered the land d. an acceptable archaeological assessment or inventory survey found no historic properties e other x Thus, we believe that "no historic properties will be affected" by this undertaking. 2. This project has already gone through the historic preservation review process. a. mitigation has been completed b. other: Signed_ _ to .�2 D� MaryAnne B Maigret, Assistant Archaeologist Historic Preservation Division, Hawai i Island EXHIBIT C/ Hawaii Electric Light Compar- Inc. • PO Box 1027 > Hilo, HI 96721-1027 June 3, 2003 Ab Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Attention: Mr. Christopher J. Yuen Subject: Change of Zone Application (REZ 03-012) Applicant: Lot Owners Within the Champion Ridge at Mauna Lani Subdivision. Request: RM -3 to RS -20 Tax Map Kev: 6-8-27:1 3-7 9-12 16-27 and 29-35 Thank you for the opportunity to review the subject application. We do not have any object;ons to the rezoning request since adequate power is available from our Mauiia Lani Substation. The following are some suggestions: 1) As an option to conventional metering, HELCO has remote metering available for an additional installation fee. If the customers are interested they are asked to call HELCO's Engineering Department at (808) 935-1171 for more information. 2) HELCO encourages that energy efficient and conservation features suitable to reduce the peak electrical demand are part of the development's pians. If you have any questions, please contact Hal Kamigaki at (808) 969-0322. cc: H. Kamigaki Sincerely, Clyde�.'ag�ha, P.E. Manager Engineering Department EXHIBIT ID CARLSMITH BALL LLP I-IpdrtED IIA61EITy LAW PARTNERSHIP n o / 75-1(,o0 HENKy STREET, SUI I'E 209 P.O. BOX 1720 KAILU A-KONA, HAWAII 96 745-1 72 0 Tfl (_PHONE (808) 329-6464 FAX (808) 429-9450 W W W.CAP,LSMI r1LCOM June 12, 2003 Mr, Fred Galdones, Chairperson County of Hawaii, Planning Commission. Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department Aupum Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 ATTENTION: NORMAN HAYASHI Re: Applicant's Response to State Department of Land and Natural Resources -Historic Preservation Division and County of Hawaii Department of Environmental Management comments CHANGE OF ZONE APPLICATION Applicants: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Agent: Steven S C. Lim, Esq., Carlsmith Ball LLP Owners: Lot Owners within the Champion Ridge at Mauna Lani Subdivision of the Tax Map Key parcels listed below Request: A Change of Zone Application to redesignate the existing Multiple Family Residential 3,000 square feet (RM -3.0) to a Single Family Residential - 20,000 square feet (RS -20) for the subject properties to be consistent with the existing Single Family Dwellings. Tax Map Key No (3� 6-S-027: 001, 003 to 007, 009 to 012, 016 to 027, 029 to 035 Dear Chairperson Galdones & Mr. Yuen: We have enclosed the Applicant's response to the above -referenced agencies comments for your information Department of Land and Natural Resources, historic Preservation Division, Memorandum Dated May 23, 2003: Applicant's Response:�� m� We agree with the comments of the Department of Land and Natural Resources, Historic Preservation. Division that "no historic properties .gill be affected". ..nNrnu.,i K�,uLI �EXMSIT r_ Mrs. Fred Galdones, Chairperson Mr. Christopher J. Yuen, Planning Director June 10, 2003 Page 2 However, when the Applicants who have vacant lands may have to apply for a grading permit, if applicable, for the development of their lot, if necessary, they will comply with the requirements of the Department of Public Works, Engineering Division and apply for a grading permit at which time, each grading permit will also have to be reviewed by a representative from the Department of Land and Natural Resources, Historic Preservation Division prior to its approval. In addition, if applicable, during any future grading process of any of the vacant lots which require a grading permit, should any archaeological artifacts be uncovered, the Applicants will immediately stop work and notify the Planning Department and the Department of Land and Natural Resources Historic Preservation Division for resolution. Department of Environmental Management, Memorandum Dated May 29 2003 - Applicant's Response: We will forward the Solid Waste Management Plan and Recycle Hawaii material to the Homeowners Association to make thein aware of the recycling needs expressed in both reports. Currently, each homeowner is responsible for the disposal of their own solid waste and are utilizing the Puako Transfer Station or the Puuanahulu Solid Waste facility. We hope that these responses adequately addresses the issues commented by the above -referenced agencies and look forward to your support for the above - referenced project. Should you have any questions, please call me. Ve Y/ Ur i C. cYJ Steven S.C. Limb SSL:rhv 4099252103 7 7 9 9-3 cc DLNR-IIPD Department of Environmental \/lanagement