HomeMy WebLinkAboutCOM 0514.000 2002-2004Harry Kim
Mayor
Dixie Kaetsu
Managing Director
"S C. ,. - ... .•,�: Peter L. Hendricks
••»oiX� Deputy Managing Director
2004 FEB 10 A(BATY OF HAWAII
25 Aupgq& tl, Room 275 "•-tlito, Hawaii 96720-4252 (808) 961-8211 • Fax (808) 961-6553
COUWT�A. 7,�:57IPHighway, Suite 103 • Kailua-Kona, Hawaii 96740
b 329-5226 • Fax(808)326-5663
February 6, 2004
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:
State Land Use Boundary Amendment Application (SLU 03-012)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-028)
Request: Open to Limited Industrial -1 acre (ML -1 a)
Applicant: Bay Pacific Development LLC
Tax Map Key: 6-8-02:Portion of 33
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above -referenced requests.
Sincerely,
�")
Harry Kim
�1 Mayor
L013004MAY
Enclosures
cc: Planning Department
801-5 115 .133 '* Z 3 `f Comm. No. _S 144
Ref. To: PC.,
Ref. Date FLbTJ L1tt3� -
Harry Kim
Mapr
February 6, 2004
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:
State Land Use Boundary Amendment Application (SLU 03-012)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-028)
Request: Open to Limited Industrial -1 acre (ML -1 a)
Applicant: Bay Pacific Development LLC
Tax Mau Key: 6-8-02•Portion of 33
The Planning Commission, after a duly held public hearing on January 30, 2004, voted to
recommend for your approval the proposed legislative bills to change the State Land Use district
from the Agricultural to the Urban District and a change of zone from an Open (0) to Limited
Industrial 1 -acre (ML -1a) district for approximately 14.902 acres. The area involved is a portion
of a former quarry site situated approximately 2,000 feet south of the Waikoloa Road and
approximately 200 feet south of the Waikoloa Utility Baseyard, Waikoloa, South Kohala,
Hawaii.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County
General Plan and the Hawaii State Plan. According to the Land Use Commission Rules,
one of the standards for considering an area for urban reclassification states that "in
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
determining urban growth for the next ten years, or in amending the boundary, land
contiguous with existing urban areas shall be given more consideration than non-
contiguous land, and particularly when indicated for future urban use on state or county
general plans." The subject property does conform to this standard as it is situated in the
immediate vicinity of existing Urban -designated lands. These lands include the Waikoloa
Village, which is made up of residential (single and multiple) and commercial land uses,
The applicant's request to designate 14.902 acres into the Urban District reflects the
infilling of Agricultural lands within this section of Waikoloa, which is already bordering
existing Urban -designated lands. The applicant has also requested a concurrent change of
zone for 14.902 acres from an Open (0) to Limited Industrial 1 -acre (ML -1a) zoned
district.
The Urban District request would be consistent with the goals and policies of the
Land Use (Industrial) and Economic elements of the General Plan. The proposed use
would complement the Land Use (Industrial) element of the General Plan by providing an
area for industrial uses near the community of Waikoloa Village, which will be easily
accessible and will have adequate public utilities available. The proposed use would also
further the County's goals of providing an economic environment which allows new or
existing businesses to expand and diversify the County's economic base, and thereby also
increase the choice of occupations.
The LUPAG Map component of the General Plan is a representation of the
document's goals, policies, standards and courses of action. It is also a graphic depiction
of the physical relationship between the various land uses. The LUPAG Map establishes
the basic urban and non -urban form for areas within the County. The Urban District
request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map,
which designates this area for Industrial uses. Thus, the area under consideration is
consistent with the urban form established for this section of South Kohala District as
depicted on the LUPAG Map. The project site is located in an urban -like setting
adequately served by transportation, utilities and other amenities. The reclassification
and proposed rezoning will allow the property to be used for a variety of light industrial
uses that may support activity within Waikoloa.
The urban classification also conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic services
such as schools, police and fire protection, transportation systems and water. The subject
reclassification is for land located less than a''/� mile from the urban/retail/employment
center of Waikoloa Village. Within Waikoloa Village is the Waikoloa Highlands
Shopping Center, which includes stores, restaurants, offices and other commercial uses.
The nearest school is located within the Village. There are police and fire services
located within the Village, near the Mauna Lam resort area on Queen Kaahumanu
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
Highway and in Waimea. Access to the project site will be from Waikoloa Road onto a
paved private roadway. Water to the proposed development will be provided from a
portion of the water currently allocated to the Waikoloa Village Association. Therefore,
the request conforms with the Land Use Commission Rules which encourages urban
developments in close proximity to existing developments and in close proximity to
existing services and facilities.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The U.S. Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", areas outside of the 500 -year flood plain. Any improvements to the property must
comply with Chapter 27 of the County Code relating to Flood Hazard Control. The
project site is relatively level. Thus, the reclassification meets the standard which states
that the lands included within the urban district "... shall be those with satisfactory
topography and drainage and reasonably free from the danger of floods, tsunami and
unstable soil conditions and other adverse environmental effects."
The property is not currently being used for active agricultural purposes. The
property is unclassified on the State of Hawaii's Agricultural Lands of Importance to the
State of Hawaii (ALISH) Map. The Land Use Study Bureau's Overall Master
Productivity Rating for the soils in the area is "E" or "Very Poor." The project site has
been previously graded and was utilized as a quarry. Waikoloa Village, which is located
in the immediate vicinity of the project site, is designated Urban and consists of
residential and commercial uses. Therefore, the reclassification of this 14.902 -acre area
from the Agricultural to the Urban designation will not be detrimental to the reduction of
this area from the agricultural land inventory in the County of Hawaii.
The Urban classification will not have a significant adverse impact to traditional
and customary Hawaiian Rights. The subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not an issue. The
applicant neither recalls seeing any native Hawaiians using the subject or immediate
surrounding area in the recent past for the gathering of plants nor learning of any
information to that effect from area residents.
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The valuable cultural historical and natural resources found in the project area:
As commented by the State Department of Land and Natural Resources -Historic
Preservation Division, " there are no historic properties present because residential
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
development/urbanization has altered the land and that they believe that no historic
properties will affected by this undertaking."
Possible adverse effect or impairment of valued resources: The State Department
of Land and Natural Resources -Historic Preservation Division states that it believes "that
no historic properties will be affected by this undertaking." The subject site has already
been disturbed and as such, the project should not result in an irreversible commitment of
natural or archaeological resources.
Feasible actions to protect native Hawaiian riots: The applicant neither recalls
seeing any native Hawaiians using the subject area or immediate surrounding area in the
recent past for the gathering of plants not has learned of any information to that effect
from area residents. In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such claims and provide the
needed access within the site.
Based on the above, the approval of the State Land Use Boundary Amendment for
the reclassification of 14.902 -acres of a 267.889 -acre parcel from the Agricultural to the
Urban designation complements the State Land Use District Regulations.
Chance of Zone
The applicant is requesting a Change of Zone for 14.902 acres of a 267.889 -acre
parcel from an Open (0) to a Limited Industrial 1 -acre (ML -1 a) district. The applicant is
proposing to establish a self -storage facility and other light industrial uses on the
proposed site. Tentatively, these uses would consist of:
a. A self -storage facility. This facility would also include an open storage area to
accommodate vehicles, boats, machinery and similar items; and
b. Warehouse structures that would be made available for small-scale light industrial
uses. These would include auto repair, contractor's yards, and other uses that
would normally not be appropriate within the commercial zones.
According to the applicant, the structures would tentatively be single -story in
height, not exceeding forty feet. On-site paved parking, as required by the Zoning Code,
would be provided. Landscaping will be provided throughout the site. The proposed
operating hours of the industrial park would be from 7:00 a.m. to 5:00 p.m., daily.
However, it is anticipated that there will be times when this may vary to accommodate the
needs of the respective tenants. The proposed development is designed to serve primarily
residents and homeowners within the Waikoloa Village and the South Kohala area.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
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, but ultimately, on the future development of the whole island.
The proposed request would be consistent with the following goals, policies and
standards of the Land Use (Industrial) and Economic Elements of the General Plan. The
General Plan was developed to serve as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals, policies, standards and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the County's service and circulation
systems. The proposed request would complement the goals, policies and standards of
the Land Use (Industrial) and Economic elements of the General Plan.
Land Use Element
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Zone urban and rural -types of uses with the ease of access to community services
and employment centers and with adequate public utilities and facilities.
Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
Land use is one of the principal focal points of public concern and policy. The
Land Use Element provides the primary basis for direct control and guidance of publicly
and privately owned resources. It is also intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in the
best interest of the island's residents. The proposed use would complement the Land Use
element of the General Plan by providing an area for industrial uses near the community
of Waikoloa Village, which will be easily accessible and will have adequate public
utilities available.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
Land Use Element (Industrial)
• Designate and allocate industrial areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Promote and encourage the rehabilitation of industrial areas which are serviced by
basic community facilities and utilities.
• It shall be the policy of the County to achieve a broader diversification of local
industries by providing opportunities for new industries and strengthening
existing industries.
• Through its zoning powers, the County shall locate industrial areas convenient to
transportation facilities and provide a variety of industrial zoned districts and lot
sizes, depending on the needs of the industries and communities.
• The County shall attempt to improve the aesthetic quality of industrial sites and
protect amenities of adjacent areas by requiring landscaping, open spaces, buffer
zones, and design guidelines.
• Industrial development shall maintain or improve the quality of the present
environment.
• Topography of industrial land shall be reasonably level.
• Industrial development shall be conveniently located to its labor resource.
The proposed industrial area will be located near Waikoloa Village. As the Village
continues to grow, there will be a need for more industrial and commercially zoned lands. The
options for industrial uses available to the residents at Waikoloa are located in Kawaihae,
Waimea and near the West Hawaii Concrete Plant. The subject site will fulfil many needs for the
residents of Waikoloa. It will create new job opportunities for the residents in the area. It will
create short-term job opportunities during the construction phases and long-term opportunities as
the new uses are established. The area proposed for the industrial uses is relatively level and the
area is located near the targeted labor resource (Waikoloa Village).
Economic Element
Provide residents with opportunities to improve their quality of life.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
• Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its economic
system.
• The County shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County's natural
and social environment.
• The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
• The County shall strive for diversification of its economy by strengthening
existing industries and attracting new endeavors.
The proposed change of zone request from an Open (0) to a Limited Industrial 1 -
acre (ML -1a) district classification would further the County's goals of providing an
economic environment which allows new or existing businesses to expand and diversify
the County's economic base, and thereby also increase the choice of occupations.
Given the above listed facts, a favorable recommendation would further
complement the goals, policies and standards of the Land Use (Industrial) and Economic
elements of the General Plan for the South Kohala area.
The reclassification action also conforms to the LUPAG Map, which designates
the area for Industrial. 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 LUPAG Map
establishes the basic urban and non -urban form for areas within the County. The project
area is designated Industrial. This industrial designation includes uses such as
manufacturing and processing, wholesaling, large storage and transportation facilities and
light industrial uses. This change of zone request is consistent with the Industrial
designation on the LUPAG Map for this area. Therefore, a favorable recommendation of
the applicant's change of zone request would be a reasonable expansion of existing uses
in the area. Further, this proposed industrial development would provide the framework
of a concentration of urban activities occurring in an orderly manner as identified by the
General Plan.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
There are approximately 291 acres of industrial zoned lands in the South Kohala
district. The Land Use Pattern Acreage allocation for industrial use for the South Kohala
area is approximately 1,869 acres. This information reveals the lack of and the need for
industrial zoned lands in the South Kohala area. There are two areas where most of the
industrial activity in South Kohala takes place: Waimea and Kawaihae. In Waimea,
many of the industrial uses are linked with agricultural. In Kawaihae, the industrial use
consists mainly of storage facilities. The approval of this request would allow for storage
and warehouse types of industrial uses to be established, which would accommodate
people in the Waikoloa area and provide them with an Industrial area much closer than
Kawaihae, Waimea or North Kona. Therefore, a favorable recommendation would also
allow for the increase of Industrial zoned lands in the South Kohala area, which is
consistent with the Land Use Pattern Acreage allocation for Industrial zoned lands for this
area.
The project site is situated within close proximity to commercial areas,
employment centers and public safety services. The subject area is already part of the
village of Waikoloa and has access to a number of services. The Village has a variety of
land uses, including commercial and residential (single and multiple). Within Waikoloa
Village is the Waikoloa Highlands Shopping Center, which includes stores, restaurants,
offices and other commercial uses. There are police and fire services located within the
Village, near the Mauna Lam resort area on Queen Kaahumanu Highway and in Waimea.
All utilities and services which are essential to accommodate urban development
are or will be made available to the project site. The Department of Public Works (DPW)
recommended improvements to Waikoloa Road and to the private road servicing the
proposed project site. Waikoloa Road, fronting the subject property, is a County road. It
has four lanes with curb, gutter and sidewalk through Waikoloa Village, merging to two
lanes with shoulders at the existing driveway intersection, all within a 120 -foot right-of-
way. A private road currently serves the subject property. It has an 18 -20 -foot wide
pavement from Waikoloa Road to the existing West Hawaii Utilities baseyard and
narrows to an unimproved one -lane width at the subject property. DPW stated that the
private road is substandard based on width, alignment and roadside hazard clearances.
DPW is recommending the following improvements to be met:
The access to Waikoloa Road shall meet with the approval of DPW and conform
to current recommendations of the AASHTO Policy on Geometric Design of
Highways and Streets. The intersection shall be realigned to intersect normal to
Waikoloa Road at the stubbout mauka of the existing intersection on the TMK
map.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
The applicant shall provide improvements to the intersection of the private access
road with Waikoloa Road including but not limited to, pavement, concrete curb,
gutter and sidewalk, drainage improvements, and any relocation of utilities
meeting with the approval of DPW. Right and left turn deceleration and storage
bays for ingress and a refuge/storage bay for egress shall be provided on Waikoloa
Road. Separate lanes shall be provided for northbound left and right turning
traffic from the private road. Streetlights, signs and markings meeting with the
approval of DPW, Traffic Division shall be installed. The applicant shall
construct all improvements at no cost to the County.
The private road currently serving the subject property should be improved to
minimum standards for 2 -way industrial/commercial traffic. DPW recommends
the 60 -foot wide County dedicable cross section, which would be required for
subdivision purposes under the Subdivision Code. Minimally, the private access
road and approaches to it should be evaluated for alignment, sight distance,
roadside hazards and drainage.
Lastly, DPW states that if the entire 14.9 acres to be rezoned is developed to the highest
and best use, it could generate substantial traffic. DPW is recommending the following
condition be imposed to ensure that they can call for further analysis if deemed necessary:
If required by the Planning Director, in consultation with DPW, a Traffic Impact
Analysis Report (TIAR) prepared by a licensed professional traffic engineer shall
be submitted for review and approval prior to plan approval. Additional
road/traffic improvements, to mitigate impacts to Waikoloa Road, if warranted,
shall be provided by the applicant at no cost to the County.
These concerns regarding the roadway improvements will be addressed in the
recommended conditions of approval.
According to the applicant, water to the proposed development will be provided
from a portion of the water currently allocated to the Waikoloa Village Association.
There is a 16 -inch line that is located approximately 1,700 feet from the subject site.
From the area that the 16 -inch line ends, an 8 -inch line will be put in to serve the site and
the adjoining Waikoloa Baseyard.
The applicant will construct a septic system meeting with the requirements of the
State Department of Health for the different components of the project.
Solid Waste will be handled by commercial haulers who will dispose of the refuse
at the county landfill in Pu'uanahulu, North Kona.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
According to comments from the Mauna Kea Soil and Water Conservation
District, there is a definite fire hazard in the greater area surrounding Waikoloa due to the
dry climate, high wind speed and desiccated vegetation in the area. A condition will be
required that fire resistant vegetation and/or fire or fuel breaks be situated around the site
to protect it after the construction phase. Also, a condition will be added to require the
preparation of an approved erosion control plan be submitted to protect areas from
potential runoff associated with rainfall events, dust and soil blowing that may occur
during any construction activity for the proposed project site.
Chapter 11-5(b) of the Housing Code states that "requests for rezoning which
proposes the establishment of industrial uses generating more than one hundred
employees will be assessed based on an analysis of jobs generated, the resultant number
of households to be supported by those jobs, the projected number of qualified
households which may be entitled to housing assistance, and other factors as may be
identified. The rezoning approval -holder or its designee shall submit a housing needs
assessment to the County housing agency as a basis for a determination of the applicable
employee -related affordable housing requirement and plan for implementation meeting
with the approval of the County housing agency. Based on this requirement of the
Housing Code, a condition has been added to assess the amount of jobs this project will
be generating with each portion of the project. It is not possible at this point to know how
many jobs the development will generate. In the future, if the development does have
more than one hundred employees, the employee -related affordable housing requirement
will be implemented.
The property is located within Zone X, area determined to be outside the 500 -year
flood plain. All development generated storm run-off shall be disposed of on-site and not
allowed onto adjacent properties or roadways. Any further improvements to the property
must comply with Chapter 27 of the County Code relating to Flood Hazard Control.
The proposed request from an Open (0) to a Limited Industrial 1 -acre (ML -la)
district will not have a significant adverse impact to traditional and customary Hawaiian
Rights. The subject site is not adjacent and/or proximate to the shoreline. As such,
gathering of marine life and coastal access is not an issue. The applicant neither recalls
seeing any native Hawaiians using the subject or immediate surrounding area in the
recent past for the gathering of plants nor learning of any information to that effect from
area residents.
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page I1
The valuable cultural historical and natural resources found in the project area:
As commented by the State Department of Land and Natural Resources -Historic
Preservation Division, " there are no historic properties present because residential
development/urbanization has altered the land and that they believe that no historic
properties will affected by this undertaking."
Possible adverse effect or impairment of valued resources: The State Department
of Land and Natural Resources -Historic Preservation Division states that it believes "that
no historic properties will be affected by this undertaking." The subject site has already
been disturbed and as such, the project should not result in an irreversible commitment of
natural or archaeological resources.
Feasible actions to protect native Hawaiian rights: The applicant neither recalls
seeing any native Hawaiians using the subject area or immediate surrounding area in the
recent past for the gathering of plants nor has learned of any information to that effect
from area residents. In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such claims and provide the
needed access within the site.
Based on the above findings, approval of this change of zone request from an
Open (0) to a Limited Industrial 1 -acre (ML -la) district would result in an appropriate
land use pattern that will further benefit the general public.
For your favorable consideration, an amendment to the SLU Boundaries Map H-15 and
Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code is transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
We are enclosing a copy of the applications and a copy of the staff background for your
information.
Sincer
L
Fred ldones, Chairman
Planning Commission
LbaypacificQPC
Enclosures
cc: Mr. Sidney Fuke
Mr. Brian Cook
Waikoloa Village Association
Department of Water Supply
Department of Public Works
Rodney Haraga/DOT-Highways,Honolulu
State Land Use Commission
Planning Department -Kona
MayPacd;c-REZ03-028.jwd 01.23-04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
BAY PACIFIC DEVELOPMENT LLC
STATE LAND USE BOUNDARY AMENDMENT (SLU 03-012) &
CHANGE OF ZONE APPLICATION MEZ 03-028)
BAY PACIFIC DEVELOPMENT LLC has submitted an application for a State Land
Use boundary amendment for 14.902 acres from the Agricultural to the Urban District and for a
Change of Zone for 14.902 acres from Open (0) to a Limited Industrial 1 -acre (ML -la) district.
The area involved is a portion of a former quarry site situated approximately 2,000 feet south of
the Waikoloa Road and approximately 200 feet north of the Waikoloa Utility Baseyard,
Waikoloa, South Kohala, Hawaii, TMK: 6-8-2: portion of 33.
APPLICANT'S REQUEST
Request: The applicant is requesting a:
a. State Land Use boundary amendment for 14.902 acres from the Agricultural to
the Urban District; and a
b. Change of Zone for 14.902 acres from Open (0) to a Limited Industrial 1 -acre
(ML -la) district.
The applicant is proposing to establish a self -storage facility and other light industrial
uses on the proposed site. The applicant has a 31 -year lease from the Waikoloa Village
Association, owner of the subject property. The applicant has submitted the attached in
support of the request. (See Exhibit A — State Land Use Boundary Amendment and
Change of Zone Application)
Project Description: The applicant is requesting the change of zone to establish a
variety industrial uses. Tentatively, these uses would consist of:
a. A self -storage facility. This facility would also include an open storage area to
accommodate vehicles, boats, machinery and similar items; and
b. Warehouse structures that would be made available for small-scale light industrial
uses. These would include auto repair, contractor's yards, and other uses that
would normally not be appropriate within the commercial zones.
The structures would tentatively be single -story in height and not exceed 40 feet. On -
1 r`
site paved parking, as required by the Zoning Code, would be provided. Landscaping
will be provided throughout the site. The proposed operating hours of the industrial park
would be from 7:00 a.m. to 5:00 p.m., daily. However, it is anticipated that there will be
times when this may vary to accommodate the needs of the respective tenants. The
proposed development is designed to serve primarily residents and homeowners within
the Waikoloa Village and the South Kohala area.
BACKGROUND INFORMATION
3. Special Permit No. 164: On December 11, 1970, Special Permit No. 164 was approved
by the State Land Use Commission to allow the operation of two quant' sites, including a
screening plant, rock crusher, scales, AC batching plant, concrete batching plant, and
equipment repair facilities, which included the area for the above listed request. The two
sites were identified as the Pu'u Hinai (Site 1) and Village (Site 2). There were several
amendments approved for Special Permit No. 164. The latest amendment approved on
February 16, 2001 extended the life of Site 1 until December 11, 2005. Operations for
Site 2 were terminated within the required deadline of December 11, 2000 and the lands
were graded to blend with the surrounding areas and re -vegetated. Removal of stockpiled
material and renaturalization was completed and a Quarry Restoration report was filed
with the Planning Department and Land Use Commission. The area of the application
will be a portion of the former 89 -acre quarry site (Village), which is a portion of a
267.889 -acre parcel identified as TMK: 6-8-2:33.
4. Special Permit No. 482: Approved by the Planning Commission on April 15, 1981 to
allow for storage and maintenance of heavy equipment. Condition No. 2 of the permit
required that the petitioner submit a subdivision application to create two lots consisting
of approximately 1.23 acres and 1,956.401 acres. Although tentative approval was
granted for the subdivision, the final plat was submitted in a timely manner and the
subdivision was deemed null and void in our April 30, 1985 letter. This use has not been
established as of this date.
5. Special Permit No. 908: Approved by the Planning Commission on August 9, 1985 to
establish a utility baseyard on approximately 3.00 acres of land situated within the State
Land Use Agricultural District. The applicant is Waikoloa Sanitary Sewer Co., Inc. The
-2-
use is active as of this date and is not part of this application's area.
STATE AND COUNTY PLANS
6. State Land Use District: Agricultural.
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Industrial.
8. County Zoning: Open.
9. 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.
10. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The project site is not
situated within the Special Management Area. It is located approximately 7 miles from
the nearest coastline and is located outside of the tsunami inundation area.
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
11. Subject Property: The subject property identified as TMK: 6-8-002:033 consists of
267.889 acres in which the requested area of 14.902 acres is located. The subject
property is a portion of a former quarry site. The 14+ -acre site is rectangular in shape.
There are no permanent structures located on the site. The area designated for the
proposed self -storage facility is fully leveled and graveled.
12. Surrounding Zoning/Land Uses: Waikoloa Village is located approximately'/2 mile to
the north of the project site and consists mainly of Single -Family Residential (RS -]0)
lots. There are some areas zoned Multi -Family Residential and Village Commercial. To
the east are areas zoned Residential Agricultural (RA -la) and Open. Further east are two
large parcels (2000 + acres) zoned Agricultural (A -5a). To the south and west of the
project site are lands zoned Open.
13. Industrial Areas in the Vicinity: The nearest industrial zoned areas in South Kohala are
located in Kawaihae and in Waimea. There has also been a recent amendment to Special
-3-
Permit No. 1002, which was approved to allow for truck storage, parking, service,
maintenance and fueling facilities, including baseyards and car towing and storage
facilities and related uses in addition to the currently permitted use of the manufacturing
of asphaltic -concrete (A -C) products on approximately 14.75 acres of land. This area is
located next to the West Hawaii Concrete Plant and was initiated in response to the need
for more permitted areas for industrial uses in South Kohala. This area is approximately
10+ miles from this application's area.
14. U.S.D.A. Soil Type: Soils within the subject property are classified as lava flows, A`a
(rLV), which has practically no soil covering and is bare of vegetation, except for
mosses, lichens, ferns, and a few small ohia trees. This lava is rough and broken.
15. Land Study Bureau Soil Rating System: Soils within the property are classified as "E"
or "Very Poor" for agricultural productivity.
16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Soils
within the subject property are not classified on the ALISH map.
17. Flood Insurance Rate Map (FIRM): The project site is classified as Zone X, areas
determined to be outside the 500 -year flood plain.
18. Flora/Fauna Resources: No commissioned or professional survey was conducted of the
fauna or floral resources of the site. The subject area for the proposed use has been
previously cleared and/or improved. The applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within or proximate to the
subject site. This is due to the general area's absence of vegetation and the relatively
developed state of the surrounding area. There are scattered "scrub" vegetation
consisting primarily of fountain grass and Pili grass.
19. Historic/Cultural/Archaeological Resources: No commissioned archaeological survey
was conducted of the requested area. According to the applicant, this was due in large
measure to the fact that the subject area has been entirely cleared. The Department of
Land and Natural Resources -State Historic Preservation Division submitted a clearance
letter stating that they believe that there are no historic properties present because
previous grubbing/grading has altered the land and thus, they believe that no historic
properties will be affected by this undertaking.
le
20. Valued Cultural Resources: The project site is not adjacent and/or proximate to the
shoreline and is practically denuded of vegetation. The applicant also notes that he has
not heard of any report from either the landowner or others living in the area of native
Hawaiians being observed gathering plants within or proximate to the subject site.
21. Public Access: There is no public access to the mountains or the shoreline that traverses
the project area.
PUBLIC UTILITIES AND SERVICES
22. Roadway Access: The principal access to the site would be from Waikoloa Road.
Waikoloa Road is a County road. It has four lanes with curb, gutter and sidewalk through
Waikoloa Village, merging to two lanes with shoulders at the existing driveway
intersection, all within a 120 -foot right-of-way. A private road currently serves the
subject property. It has an 18 -20 -foot wide pavement from Waikoloa Road to the
existing West Hawaii Utilities baseyard and narrows to an unimproved one -lane width at
the subject property.
23. Water System: According to the applicant, water to the proposed development will be
provided from a portion of the water currently allocated to the Waikoloa Village
Association. There is a 16 -inch line that is located approximately 1,700 feet from the
subject site. From the area that the 16 -inch line ends, an 8 -inch line will be put in to
serve the site and adjoining Waikoloa Baseyard.
24, Wastewater System: The applicant will construct a septic system meeting with the
requirements of the State Department of Health for the different components of the
project.
25. Solid Waste Disposal: Solid Waste will be handled by commercial haulers who will
dispose of the refuse at the county landfill in Pu'uanahulu, North Kona.
26. Other Essential Utilities and Services: Police services are available at the main station
in Waimea and sub -stations in Waikoloa and Mauna Lani. Fire protection services are
available in Waikoloa, Mauna Lani and Waimea. Electric and telephone services are
available to the site.
AGENCIES' COMMENTS
27. Department of Water Supply (January 7, 2004 Memo):
-5-
"We have reviewed the proposed State Land Use Boundary Amendment and Change of
Zone applications. The water system in the area is privately owned and operated. The
private water purveyor should be contacted for water availability.
28. Department of Environmental Management (October 28, 2003 Memo):
"We have reviewed the subject application and offer the following recommendations:
Aggregates and any other construction/demolition waste should be reused to its fullest
extent. Ample room should be provided for recycling."
29. Department of Land and Natural Resources -State Historic Preservation Division
(March 5, 2003 Memo):
"We believe there are no historic properties present because previous grubbing/grading
has altered land. Thus, we believe that no historic properties will be affected by this
undertaking."
30. Department of Land and Natural Resources -Land Division (December 4, 2003
Memo):
"We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Flood Zone X."
31. Department of Public Works: (See Exhibit B — December 11, 2003 Memo)
32. State Land Use Commission: (See Exhibit C — November 17, 2003 Letter)
33. Mauna Kea Soil & Water Conservation District: (See Exhibit D — November 25,
2003 Letter)
AGENCIES - NO COMMENTS
34. Police Department and Fire Department
AGENCIES - NO RESPONSE
35. Department of Water Supply and Department of Health
APPLICANT'S SUBMITTAL
36. The applicant has submitted additional material regarding the covenants for the subject
property in response to letter from Leighton J. Yuen. (See Exhibit E — December 2,
2003 Letter)
In
APPLICANT'S RESPONSE TO COMMENTS
37. The applicant has submitted a response letter to the comment letters received from the
different agencies. (See Exhibit F — Letter dated December 31, 2003 and January 8,
2004 and Requested Amendment To Roadway Conditions Submitted January 15,
2004)
PUBLIC COMMENTS
38. Letter from Leighton I Yuen with attachment (See Exhibit G — Submittal Dated
January 16, 2004)
-7-
FILE COPY
It "a Remove
APPLICATIONS
STATE LAND USE BOUNDARY
AMENDMENT (Agricultural to Urban)
and
COUNTY REZONING
(O TO ML -la)
BAY PACIFIC DEVELOPMENT LLC
Waikoloa, South Kohala, Hawai i
TMK: (3) 6-8-02: Portion of 33
Prepared For:
Bay Pacific Development LLC
Prepared By:
Sidney M. Fuke, Planning Consultant
October 2003 E X B I T
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
TV
(Type or legibly print the requested information)
PF.TTTTt7NFR. Bay Pacific Development LLC
PETITIONER'S SIGNA
ADDRESS: P.O. Box 1957 Kailua-Kona, HI 96745
PETITIONER'S INTEREST IF NOT OWNER: Lessee
TELEPHONE: (Bus.)324-0395 (Res.
hjlrnl6it, DATE: Gf-/Ci -C,
(Fax)324-0493
LANDOWNER(S): Waikoloa Village Association
LANDOWNER SIGNATURE(S): d� d6f'r-l4- DATE: Q�/.L�m3
ennnr;cc•
P.O. Box 383910 Waikoloa, 96738'(May be by letter)
TAX MAP KEY: 6-8-02: portion 33
STREET ADDRESS OF PROPERTY: Waticoloa Road
ZONING: Open
SIZE OF PROPERTY: 14.902 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
AGENT- Sidney M. Fuke, Planning Consultant
ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720
TELEPHONE: (BUS.)969-1522 (Res.) (Fax) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: Brian Cook, Bay Pacific Development LLC
(See Instructions on Reverse Side)
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. if your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? No
If Vis, please answer the rest of question I and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
c. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a.
Sell or lease
the land to someone who
has firm
plans?
Yes
b.
Sell or lease
the land to someone who
has tentative
plans?
No
C.
Sell or lease
the land to someone who
has no plans?
No
d-
Keep it?
Yes
e.
other (please
state)
f. If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
The applicant intends to lease the site to develop a light industrial park.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
Please refer to planning and environmental report.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below.
-2-
5. Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
If so, please elaborate on your findings in the space
provided below.
Please refer to accompanying planning and environmental report
6. Are there any buildings on the subject area? Yes
If so, what kind?
There are some portable trailers that may be removed.
What do you intend to do with those buildings if your
request is approved?
7. Is the subject land currently being used for any
agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
-3-
8 To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? Yes
If so, what kind?
The access road may have to be paved, which will be done by the applicant
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
-4-
yes
No
a.
Schools
x
b.
Roads x
C .
Sewer
x
d.
Drainage
x
e.
Police Protection
x
f.
Fire Protection
x
g,
Recreational Facilities
x
h.
Recreational Facilities
x
i.
-4-
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
The access road will be improved by the applicant.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No inasmuch as the site has been fully improved.
Signature:
Address: P.O. Box 1957 Kailua-Kona, HI 96745
Telephone: 324-0395
Date: August 23, 2003
-5-
Fz,�aairnn
COUNTY ENVIRONMENTAL REPORT
APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT
(Agricultural to Urban) and
COUNTY REZONING REQUEST (Open to ML -1a)
BAY PACIFIC DEVELOPMENT, LLC.
WAIKOLOA, SOUTH KOHALA, HAWAII
TAX MAP KEY: (3) 6-8-22: Portion of 33
On December 11, 1970, the State Land Use Commission, with the
favorable recommendation of the County Planning Commission, approved
Special Permit No. 70-85 (SPP 164). This permit allowed the operation of
two quarry sites, including a screening plant, rock crusher, scales, AC
batching plant, concrete batching plant, and equipment repair facilities
generally southwest of the Waikoloa Village area. These sites were
identified as the Pu'u Hinai (Site 1) and Village (Site 2). Because these
applications relate to Sitea2, the focus of this introduction is on Site 2
There were several amendments to the Special Permit, including an
extension of the life of the permit. In 1991, the permit was further
amended to reduce the scope of quarrying activities at Site 2 by deleting
rock crushing and the asphalt and concrete batching operations. It also
required the operations at Site 2 to be terminated no later than December
11, 1995, In 1995, the permit was again amended to reduce the area of
Site 2 from 92 acres to 89 acres, with a termination of no later than
December 11, 2000. Although an amendment to extend the life of Site 1
was approved in 2000, the operations at Site 2 were terminated within the
required deadline of December 2000.
The applicant, Bay Pacific Development, LLC, is proposing to establish a
self -storage facility and other light industrial uses on a 14.902 -acre portion
of the former 89 -acre quarry site (Site 2). The former 89 -acre quarry site
is a portion of a 267.889- acre parcel, identified by TMK: 6-8-22: 33.
To effectuate this proposed development, the applicant is requesting the
rezoning of this 14.902 -acre area (which is a portion of the former 89 -acre
quarry site located within a 267.889 -acre parcel) from Open (0) to Light
Industrial (ML -1a). The remaining 252+ acre area would be left in its
current Open (0) zone.
A State Land Use Boundary amendment from Agricultural to Urban is
concurrently being requested to cover the area of the requested ML -1a
zone.
II. PROJECT LOCATION
As noted earlier, the subject property consists of 267.889 acres and is
identified by TMK: 6-8-22: 33. The requested area, however, consists of
1-4.902 acres. The site is a portion of a former quarry site located within a
parcel that is adjacent to and south of the Waikoloa Village Urban district.
The subject property abuts the Waikoloa Road, approximately 1,500 feet
makai of the lower section of Pu' u Melia Street. The location of the
requested area is about 2,000 feet south from the Waikoloa Road. The
Waikoloa Utility Baseyard, which is also located on the subject property, is
about 200 feet north of the requested area. The GTE Hawaiian
Telephone Company's microwave radio station is located on the adjoining
property to the north. The Waikoloa Village Urban area is located about
mile to the north and east of the proposed development. (Figures 1 and
2)
The requested area is rectangular in shape. It has a length of 1,390 feet
and a width of 467 feet. (Figure 2)
III. PROJECT DESCRIPTION
A. Project Concept and Components
The applicant has a 31 -year lease from the Waikoloa Village
Association, owner of the subject property. The applicant would
like to rezone the 14+ acre into Light Industrial (ML -1a) and
establish a variety of light industrial uses. Tentatively, these uses
would consist of
a self -storage facility. This facility would also have an open
storage area to accommodate vehicles, boats, machinery, and
the like; and
• warehouse structures that would be made available for small-
scale light industrial uses. These would include auto repair,
contractor's yards, and other uses which would normally not be
appropriate within the commercial zones.
Tentatively, these structures would be single -story in height, not
exceeding 40 feet. On-site paved parking, as required by the
Zoning Code, would be provided. Landscaping throughout the site
would also be implemented in conjunction with the development of
the project. (Figure 3)
onUnued on
_
.77-7,i s S 2�0
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WAIKOLOA DEVELOPMENT
11
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II
NOTES
I. Azimuths and coordinates ore referred to Government Survey
Trionaulolion Stolion "PUU HINAI"
2. Names of owners of adpininq panels are from ovalab/e To,
Nap records
J. Subjecl Parcel a located in =ane X (areas deiermined 1a be ouiside
the to -ye or flood plciA) o per Flood Insurance Role Yap (r/R..
community -Pane/ Numaer 155166 0291 C. Jwe 2, 1995
200 100 11 200 — 600
SCALE IN T(LT
__ - _
iq
�h
�S
II P.";— .1 R.p 5671. l d A.. 8521-8. Ap. 1 to d. D. Hvev y
I
�I )
�I
I S
/" ry �� ► x o i o A l
/
I E
LOT 3-8
�\ 267.889 ACRES
\\ !or Arf ru p✓ponf
V /
p•epo.ea !o.
8RLIN COOK
75-5608 H4,010;-Kohvlui Rood. 121
•a.we-mono. —W 96710
.AxuOA aY I s
UNIT 1
(raf PUN 1118)
—SUflIECT PARCEL
W A I 1C V L J A
I »Y.ua 0nnc�YFNr
i(.a(irq rvfmrnr 'RS- I-
!a avW Slniw lL+ro.rf '
REZONING EXHIBIT
MAP SHOWING
LOT 3—B
OF WAIKOLOA DEVELOPMENT
Being a Portion of
L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu
North
west
f At Wai{COIOO, South Ll 11
�nd County of Hawaii, State of Hawaii
1
•� a I �
•! sed
z
i
I
E
i
•• i
9 u der»m7 ..r cfr •up ery if
c� PR)CE SED
S90w14t-` :p:T
LAND
i {r SURVEYOR fr cHRrS /H0YA5 r uAa
No.4331 tIc sed /pare. ;e o
ti y!' slam er e..,;'c. �IR... ..me.r \6-,111
,11'411. U
i
I
IAS ASSOCIATES '
tr sum,..r: -- PROJECT NO.:.... 16711. 1
u f:..— sReel DATE ..t SEPTEMBER 22. 2003
Haeai, 96±+c-1817 FIELL' BOOK kb,: .
W) sea 2353 TAX MAP KEY:....6-8-02:3J ORO OWSION)
IM,
1 5 FSTMAGE No,0S.
r
MET LEASE1E SEACRE9 AREAOFSRECAB 9.5B ACRES
F
NETLEA9EA9LE AREA BE,pp9F NET IEA9EL9LE AREA N,RW 9F
Iy OFFICE F
«J iOIALOR@'4 AREA N.S
,pUF
ffww PARKING .18PACE9
I� AM PA.NO SSPACES PAR.NG W9PACE9
AOA VAN PARING 19P. ACA PARKING 19PACE
TOTAL W 81TEPAPNNG V SPACES AOA VAN PARK G I SCAM
SCAT STORAGE 'AyACB - TONAL ON SRE PANK 111 SPACE.
CAR 9TCNAGE :SPACES LOAOINO 5..m
LOADING eSPACES
0 SITE PLAN
J scue r,sl.v
A
Self
Storage
And
Warehouse
Facility
Fn
Bey
P.&
Devel.pmenc
LTc
W dmm., Somn Kande
TMK (8169''1' iT
IdeM 8 Canty 0l Xawali
SITE PLAN
Plellminery Oea1911 a.,
ieVY„T nin f Y
..Y
.ATE
RM9m:
EANIMEA'
A1.1,
Access to the site is from the Waikoloa Road via a proposed 50 -
foot wide easement. This access has or will have a minimum
pavement width of 20 feet with 4 -foot shoulders.
Tentatively, the proposed operating hours of the industrial park
would be from 7:00 a.m. to 5:00 p.m., daily. However, it is
anticipated that there will be times when this may vary to
accommodate the needs of the respective tenants.
The proposed development is not intended to be competitive to
and/or directly service the North Kona and/or the Waimea areas.
Instead, it is designed to serve primarily residents and homeowners
within the Waikoloa Village and the lower South Kohala area.
B. Project Timetable and Cost
The applicant intends to secure the balance of the required permits
and begin making the appropriate improvements immediately upon
approval of these applications. Hopefully, this can be done early
next year.
Although the project would be developed in phases, it would still be
done pursuant to an overall master plan, generally as reflected in
Figure 3. Tentatively, the applicant would like to initially begin with
a portion of the self -storage facility and the warehouse buildings.
The project would be expanded as the demand arises.
Upon full build -out, the proposed improvements are expected to
exceed $5 million. This cost would include the structures, parking
areas, related drainage improvements, landscaping, and the like.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject property is designated Agricultural. As such, a
boundary amendment to cover the requested 14.9+ acre ML -1a
zone is required. The balance (267+ acres) of the site would be left
in the Agricultural District. The applicant's lease covers only the
requested area and, as such, does not have any idea what the
landowner (Waikoloa Village Association) has in mind for that area.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site Industrial. As such, a General
Plan amendment to the LUPAG map would not be required.
Relative to the Industrial designation, the General Plan notes that
"These areas include uses such as manufacturing and processing,
wholesaling, large storage and transportation facilities, and light
industrial uses." The requested zoning and planned uses would be
consistent with the uses envisioned within the Industrial area.
C. Northeast Hawaii Open Space and Development Plan
The land use concept map of this draft plan notes that the subject
area is part of an existing developed area. As such, it does not
offer a specific recommendation.
D. County Zonina
The County zoning of the requested area is Open (0). If the Light
Industrial (ML -1a) request were approved, all related land use and
development codes such as Plan Approval, parking, landscaping,
fire, ADA, and the like would be complied with by the applicant.
It should be noted that within the Waikoloa Village area, there are
no industrially zoned areas. The closest industrial zonings are in
Waimea (about 15 miles to the northeast) and Kawaihae (also
about 15 miles to the northwest).
E. Other Permittina Considerations
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required.
However, as noted earlier, other construction -related permits would
still be required. These would be of the "ministerial" variety, such
as Plan Approval, building permit, Department of Health
clearances, and subdivision.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The 14+ acre site is rectangular in shape. It has a length of 1,390
feet and a width of 467 feet.
As the site was used as a quarry, there are no permanent
structures on the site. In the area of the proposed self -storage
facility, the area is fully leveled and graveled. Although the balance
of the site has been partially disturbed, it has not been quarried or
mined. Thus, for all intents and purposes, the entire project site has
been extensively or at least partially disturbed.
B. Climate, Soil and Topoaraphy
According to the U.S. Department of Commerce, National Climatic
Data Center, Climatological Data, Annual Summary. Hawaii and
Pacific, the annual rainfall in this area was 4.4, 28.51, 14.16, 6.2,
and 4.27 inches between 1995 to1999, respectively. The wetter
months tend to occur between October through April. The average
daily temperature ranges from a minimum of 72 degrees to a
maximum of 77 degrees Fahrenheit.
Wind patterns in the area are often moderate to heavy, as the
normal tradewinds (easterly) moves through the saddle portion of
the Big Island.
The property's elevation is approximately 1,100 feet. Having been
used as a quarry site, it is fairly level, except for the mauka portions
where there are some slight undulations. There will be little site
work required for the lower area, while the upper area will require
some clearing. The finished elevation at the upper end will be
terraced, resulting in that section being slightly higher than the area
of the proposed self -storage facility.
As the site has been significantly modified, the basic soil
characteristics of the site have also been altered. Nonetheless,
according to the Land Study Bureau Overall Master Productivity
Rating, this site is classified "E" or "Poor". It is of the Puu Pa
series, which is typically characterized by rocky, well -drained soil
and unsuited for machine tillability. The Soil Conservation District
Soil Service Report also classifies the site as "E" or "Very Poor" and
as being within the A'a lava (rLV) soil series.
Under the Agricultural Lands of Importance to the State of Hawaii
(ALISH) classification system, the site is not classed.
C. Natural Hazards
Drainage
The Flood Insurance Rate Map (FIRM) prepared by the U.S.
Federal Emergency Management Agency designates the
area of the proposed development to be in Zone X (areas
outside of 500 -year flood). There are no drainageways
through the site. Accordingly, the site has not and should
not be subject to flooding.
As there may be an added level of impervious surface
resulting from the proposed development, there may be an
issue relating to potential increased run-off. In that event,
drywell(s) or similar type of accommodations will be
implemented, subject to the review and approval of the
Department of Public Works and State Department of Health
via the Underground Injection Control (UIC) permit process.
2. Tsunami Hazard
Given its elevation (1,200+) and distance from the nearest
shoreline (7± miles), it is located outside of the Civil
Defense's Tsunami Evacuation Zone. Thus, there should be
little or no threat from high waves.
Volcanic and Earthauake Hazards
The United States Geological Survey (USGS) classifies the
subject site as Lava Flow Hazard Zone 3, on a scale of
ascending risk, 9 to 1. There is very little that can be done to
protect structures and improvements on the site. Relative to
protection of life, however, this would be achieved through
the evacuation routes and warning systems provided by the
County Civil Defense agency. Such notices will be
prominently placed within existing structures.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. The applicant
understands and accepts that all structures must be
constructed to meet with the more restrictive seismic hazard
structural requirements of the Building Code.
D. Fauna Resources
Although there was no professional survey conducted of the faunal
resources of the site, the applicant does not believe that rare or
endangered faunal resources are likely to be found within or
proximate to the subject site. This is due to the general area's
absence of vegetation and the relatively developed state of the
surrounding area.
E.
F.
Nonetheless, there are faunal resources in this area, none of which
would be endangered or threatened. These include bird species
such as the Spotted Dove, Francolin, Common Myna, and the like.
Domestic animals such as cats and dogs, and other animals like
rats and mongoose can also be found. As such, it is unlikely that
the development of this property would cause any adverse faunal
impacts.
Flora Resources
No commissioned flora survey was conducted of the site. A visual
inspection confirmed that the requested area is for the most part
cleared and/or improved. As such, floral impacts of the requested
area would thus be negligible, if at all.
There are scattered "scrub" vegetation, consisting primarily of
fountain grass (Pennisetum setaceum) and Pili grass. There are no
woody trees such as kiawe or haole koa in the area of the proposed
development.
Thus, the applicant believes that there are no significant or rare or
endangered floral resources in the area of the existing and
proposed improvements.
Historic/Cultural/Archaeological Resources
No commissioned archaeological surrey was conducted of the
requested area. This was due in large measure to the fact that the
subject area has been entirely cleared, and some areas more than
others.
Nonetheless, during the course of developing this project, should
any — although very unlikely - archaeological features or sites be
uncovered, work in the affected area will immediately cease and
the applicant will notify the Planning Department.
G. Valued Cultural Resources
The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai
O Ka'Aina" decisions require decision -makers to consider a
project's impact to native Hawaiian gathering and fishing rights.
Specifically, there must be a discussion of the cultural, historical,
and natural resources and associated traditional and customary
practices of this site and the impact of this project to these
resources and practices.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, fishing and coastal access is not an issue.
Furthermore, as noted earlier, the area of the requested area is
practically denuded of vegetation. The applicant also notes that he
has not heard of any reports from either the landowner or others
living in the area of native Hawaiians being observed gathering
plants within or proximate to the subject site. As such, it would
appear very unlikely that the site would serve such purpose today
and/or in the recent past.
Nonetheless, if legitimate claims are made, the applicant — with the
consent of the landowner - will make appropriate access
accommodations.
Based on the above, it does not appear that the project would have
any potential adverse impacts relating to native Hawaiian cultural
and historical resources and/or practices.
H. Water and Coastal Resources
The subject site is located over 7 miles from the coastline. As
such, coastal impacts resulting from discharge of drainage systems
from the site should not be significant. Being a non -coastal
property, no coastal access will be affected.
The proposed development will require a wastewater system. As
such, the applicant will provide a septic system in conjunction with
the development of any portion of the project requiring wastewater
disposal. This system will be designed in a manner meeting with
the requirements of the State Department of Health.
Further as noted earlier, prior to the installation or use of any
drywells on the site to address on-site drainage concerns, the
appropriate UIC permit from the State will be taken. At that time,
impacts to water and coastal resources will be carefully examined.
I. Noise, Air Quality, and Dust
The existing background ambient noise level is associated with the
wind, foliage, birds, and the like. Collectively, that type of noise
level would be relatively low, averaging less than 45 Ldn.
Manmade noise in this area, however, is heavily influenced by the
traffic along the Waikoloa Road. This project will introduce
additional vehicular traffic to this area, and there may be some
noise impacts resulting from these vehicles. To mitigate these
impacts, the applicant intends to install appropriate landscaping
within the project area. It should also be noted, that the subject site
is located at least 2,000 feet from the Waikoloa Road as well as the
nearest habitable structures.
Then, too, the bulk of the vehicular activity will be during the
daylight hours, when the noise level is higher due to the existing
traffic along the Waikoloa Road.
There will also be short-term noise impacts during the construction
phase. To mitigate this impact, the development of this project —
particularly the site work - will be limited to daylight hours and on
weekdays. Contractors will also be required to comply with
established State Department of Health guidelines and standards
relating to noise and emission controls.
The proposed development should not generate any direct air
ua ality impacts. As the project itself is not expected to have uses
that generate adverse air pollutants, the only discernible air quality
impact would be associated with vehicular traffic to and from the
site. While the added traffic will have an impact to the ambient air
quality, the impact should not be significant. This is due in part to
the higher EPA standards for vehicular air emissions and the
prevailing tradewinds.
All of the required parking area within the project site will be paved
with an all-weather, dust free surface. landscaping will also be
required as part of the Plan Approval requirement. As such, with
the exception of minimal construction dust in the beginning, long
term dust generated by the project should be insignificant.
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites
or areas listed as scenic resources. The subject site is not listed as
a scenic site. However, the views of the general coastline
(Kawaihae Bay and Harbor area to Anaeoho omalu Bay), Kohala
Mountains, and the Queen Ka'ahumanu Highway are noted. When
traveling along the Waikoloa Road, the site is not really noticeable.
As such, its development should not interfere with any of those
coastal views.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
With the exception of the Waikoloa Utility Baseyard, the
surrounding land uses in the immediate area is vacant, as the
proposed site is located within a larger parcel. Nonetheless, it is
located at least''/2 mile from the Waikoloa Village urban area. In
that regard, surrounding uses of the subject property would include
the GTE Hawaiian Tel's microwave utility station, residential
complexes, including the Waikoloa Gardens.
It is maintained that the subject site would be suitable for industrial
uses. It is relatively far away from existing residential uses, yet it
will provide a needed land use function for the village.
Nonetheless, because of the adjoining residential properties, some
mitigative measures will be taken. These measures deal principally
with landscaping, lighting, and hours of operation (day only).
B. Economic Impacts
The requested zoning would have some measure of economic
impact, as it would provide short-term employment opportunities for
those in the construction and related industries.
At the same time, there would be longer term economic impacts, as
the site would provide opportunities for industrial uses to be
established in an area proximate to a growing community.
Currently, such an area is absent, and this absence not only limits
the growth potential of the Village but also leaves the Village under
served.
The industrial rezoning would also increase the tax revenues to the
County. However, there could be some real property tax
consequences for the adjoining residentially or agriculturally zoned
properties. As the assessed valuation of the subject property rises
due to the higher commercial use, there could be some fallout to
neighboring properties. However, landowners intent on keeping
their property for residential or agricultural uses would have the
option of dedicating their land for residential or agricultural uses.
C. Agricultural Impacts
The subject site has not been used for any agricultural purposes in
the recent past. It has been used most recently as a quarry. The
surrounding areas are also devoid of agricultural activity.
10
Further, the soil classification system of the Land Study Bureau
designates the site as Class D or "Poor". While it may have some
non -resource based (such as piggery or chicken farm) agricultural
potential, it is not unique from an agricultural resource perspective.
Thus, its removal from potential agricultural use should not
compromise the agricultural objectives of the County.
Given the above, the agricultural impacts resulting from this
rezoning should be negligible, if at all.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road and Traffic
The principal access to the site would be from Waikoloa Road. This
2 -lane Road fronting the property has a right-of-way of 60 feet and
24+ feet of pavement with 6+ foot wide shoulders on each side.
From that point, access would be via a 20 -foot wide PRIVATE
paved road within a 50 -foot wide easement. This private road
would also have 4+ foot wide graveled shoulders on each side.
There is good visibility in the area where the access intersects with
Waikoloa Road. Then, too, self -storage facilities traditionally
generate a low volume of traffic. The applicant does not anticipate
the uses within the warehouses should also generate a significant
volume of traffic that would warrant either a traffic light or a
dedicated left -turn lane. As such, the applicant is willing to make
the appropriate improvements as the demand warrants.
B. Water
Water to the proposed development will be provided from a portion
of the water currently allocated to the Waikoloa Village Association.
There is a 16 -inch line that is located approximately 1,700 feet from
the subject site. This line will be extended with an 8 -inch line to
serve the site and the adjoining Waikoloa Baseyard. When
completed, this line should be sufficient to accommodate the
required fire flow requirement.
C. Wastewater
The applicant will construct a septic system meeting with the
requirements of the State Department of Health for the different
components of this project.
D. Solid Waste
Solid waste will be handled by commercial haulers who will dispose
of the refuse at the county landfill in Pu'uanahulu, North Kona.
E. Other Government Services
As this area is already part of the village of Waikoloa, it already has
access to a number of services. Thus, no extension of government
services would be required, and existing facilities should be
sufficient to accommodate the demand expected from this project
As this project is a commercial one, it should have little or no direct
impacts to schools, parks, and other related facilities. As the
project may indirectly generate a school demand, it should be noted
that the site is proximate to the Waikoloa School complex.
The nearest public health facility is at the North Hawaii Community
Hospital, approximately 15 miles from the subject site. This facility
is one of 5 licensed hospitals on the island.
F. Other Utilities
All other utilities such as telephone and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
U
The short-term use of the site would probably be the same as the
current use, an abandoned quarry site. This will continue until
some alternative uses are planned.
This project should not result in any significantly adverse short or
long-term impacts that cannot be properly mitigated. There will be
direct and indirect economic benefits resulting from the construction
and implementation of this project. There will be construction jobs
created in the short-term and at least an undeterminable number of
full and/or part-time positions created as a result of the future small-
scale industrial uses. Relatedly, the project will generate increased
tax revenues that can supplement the State and County's fiscal
resources.
12
Because of its location, this project will provide a service that can
be made reasonably accessible to Waikoloa Village. This type of
service is currently not available in this area, with the closest being
nearly 15 miles away in Waimea. The required infrastructure - if
needed - will be implemented by the applicant to mitigate potential
impacts of this project.
B. Irreversible and Irretrievable Commitment of Resources
The area of the requested rezoning has already been extensively
disturbed. As such, the commitment of natural or other resources
(such as botanical and avifaunal) would not appear to be
significant.
Likewise, the likelihood of finding any archaeological or cultural
remains on the site appear remote. Further, any unanticipated
finds can be properly mitigated upon consultation with appropriate
government agencies.
C. Mitigative Measures
The applicant intends to provide any required off and on-site
infrastructure in conjunction with the development of this project.
These may include on-site drainage for the storage area,
landscaping, and water improvements. All of these, if required, will
be done in conjunction with the permitting and permit
implementation phases of this project.
Although the potential of discovering additional archaeological
features on the site is remote, if any inadvertent discoveries are
made during any phase of this project, the Planning Department will
be notified.
Additional landscaping will also be incorporated within the project
site, as well as along the boundaries that may be clearly visible
from residential areas or the road. The landscaping would be
consistent with the Planning Department's landscaping rules.
D. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the site would remain as an
abandoned quarry site.
13
Under this scenario, the site would not be utilized to its
highest and best use, as envisioned by the General Plan,
and the Waikoloa Village area would continue to be under
served relative to industrial uses.
2. Development Based on Existing Open Zoning
Under this alternative, the area of the requested zoning
would still not be utilized agriculturally, given its current
condition. With the Open zoning, only open space and
recreational activities would be possible.
While there are abundant, vacant agriculturally and open
zoned areas in this vicinity, there are no Light Industrial
zoned properties.
3. Mixed Commercial/Industrial Uses
Another option could be an Industrial/Commercial — Mixed
(MCX) zoning. While that may be consistent with the
General LUPAG's map Industrial designation, the liberal
commercial uses allowed within that zoning may serve to
dilute the effectiveness of the existing Village Commercial
(CV) areas within the Waikoloa Village. At the same time,
the demand for light industrial areas would not be fulfilled.
4. Evaluation of Alternatives
Leaving the property in its current state would not maximize
the use of the land. There is very little that can be done on
open zoned properties. As such, while there would be some
measure of open space, there would be diminished tax
revenues and less services to the public.
While alternative industrial zoning, such as the MCX, is
possible, such zoning could result in potential negative
impacts to existing commercially zoned areas. Under that
scenario, there would be a land use vacuum for the needed
light industrial areas.
At the same time, the requested zoning would be consistent
with the Industrial designation of the County General Plan
LUPAG map. As such, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested ML -la zoning alternative.
14
IX. REGULATORY ANALYSIS - County and State Land Use Policies
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The LUPAG map designates the site Industrial, a designation that
allows the requested ML -la zoning. Accordingly, this request
would not be inconsistent with the LUPAG map.
B. General Plan Policies
The requested zoning would be consistent with the goals, policies,
and standards of the Economic and Land Use Elements of the
General Plan. Specifically, the more pertinent ones follow:
Economic Element
Goals
• Provide residents with opportunities to improve their
quality of life.
• Economic development and improvement shall be in
balance with the physical and social environments of the
island of Hawaii.
• The County of Hawaii shall strive for diversity and
stability in its economic system.
• The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
Policies
• The County shall provide an economic environment
which allows new, expanded, or improved economic
opportunities that are compatible with the County's
natural and social environment.
15
The County shall strive for an economic climate which
provides its residents an opportunity for choice of
occupation.
• The County shall strive for diversification of its economy
by strengthening existing industries and attracting new
endeavors.
• The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
Land Use Element (Industrial)
Goals
designate and allocate land uses in appropriate
proportions and mix and in keeping with the social,
cultural, and physical environments of the County. (Land
Use Element)
• designate and allocate industrial areas in appropriate
proportions and in keeping with the social, cultural, and
physical environments of the County. (Industrial Sub -
element)
promote and encourage the rehabilitation of industrial
areas which are serviced by basic community facilities
and utilities. (Industrial Sub -element)
Policies
zone urban- and rural -type of uses in areas with ease of
access to community services and employment centers
and with adequate public utilities and facilities. (Land Use
Element)
allocate appropriate requested zoning in accordance with
the existing or projected needs of neighborhood,
community, region and County. (Land Use Element)
encourage the development and maintenance of
communities meeting the needs of its residents in
balance with the physical and social environments. (Land
Use Element)
16
• achieve a broader diversification of local industries by
providing opportunities for new industries and
strengthening existing industries.(Industrial Sub -element)
• Locate industrial areas convenient to transportation
facilities and provide a variety of industrial zoned districts
and lot sizes, depending on the needs of the industries
and communities. (Industrial Sub -element)
• Improve the aesthetic quality of industrial sites and
protect amenities of adjacent areas by requiring
landscaping, open spaces, buffer zones, and design
guidelines. (Industrial Sub -element)
• Locate industrial areas adequately served by
transportation, utilities, and other amenities. (Industrial
Sub -element)
Standards (Industria!)
• Industrial development shall maintain or improve the
quality of the present environment.
• Industrial activities may be located close to raw materials
or key resources.
• Topography of industrial land shall be reasonably level.
• Industrial development shall be conveniently located to
its labor resource.
• Buffer zones shall be established between industrial and
adjacent non -compatible uses of land.
• The direction of wind patterns and the absence of
tradewinds shall be considered in located industrial
designations.
Discussion
As the Waikoloa Village continues to grow, there will be a
need for more industrial and commercially -zoned lands.
This is evident by the growth of commercial uses within the
Village. At the same time, there have been few, if any, new
industrial uses. Such an absence is not so much a lack of
demand as much as a lack of industrially -zoned lands.
17
The subject site, in addition to attempting to meet this need,
also fulfills other policies and standards articulated in the
General Plan. The site is already serviced by adequate
infrastructure. A private water line is already available. Fire
protective services are available within one mile of the site.
Wastewater system will be provided by the applicant in
conjunction with the development of the project. All other
utilities are available to the site. As such, this development
should not require additional public services to be provided.
The site does not have any on-site developmental
constraints. The land is relatively level, and there are no
flood (Zone X) or other hazardous condition that would
render the site a developmental problem and pose a burden
to public agencies. Further, given the non -noxious type of
uses anticipated to be situated here, pollution concerns
typically associated with heavy industry would be minimal, if
at all.
Being previously intensively used as a quarry site, the
prospects of the site serving as a habitat for rare or
endangered plant or animal life appear remote. The subject
area is almost totally devoid of vegetation. Then, too, while
there may be a potential for some endemic birds to visit this
area, the development of this site would not remove a critical
habitat. At the same time, there are alternative areas that
would be more suitable for any habitats.
Likewise, due to the denuded physical nature of this site, it is
very unlikely that there may be any archaeological features
left on the site. In the event there are some inadvertent
archaeological finds, work will stop and the State DLNR and
County Planning Department will be consulted before further
activities occur within the affected area.
The use is also compatible with the surrounding area. The
immediately surrounding area will be still kept in open space
use. At the same, the nearest urban use is nearly % mile
away. Landscaping will also be provided to help mitigate
potential visual impacts of the project. As such, the location
of the requested area is proximate to the village, yet in an
area where potential impacts can be reasonably mitigated.
18
Finally, all structures built on the site will be required to
comply with the standards outlined in the Zoning Code —
such as parking, setback, height, etc.
C. Zonina
If the request were approved, the site would be developed into a
light industrial park consisting of a self -storage facility and space for
other light industrial uses. As noted above, all structures and uses
will be consistent with pertinent requirements of the county's
development and construction codes. No variances from the Code
are anticipated.
D. Hawaii State Plan
Chapter 226, Hawaii Revised Statutes, outlines the long-range
goals and policies of the Hawaii State Plan. Said Plan is intended
to serve as a guide for the growth and future long-range
development of the State.
Pursuant to said requirement, a discussion of the pertinent policies
and goals and the project's relationship follows:
Goals
A strong, viable economy characterized by stability, diversity,
and growth that enables 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-being 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.
Discussion
The proposed project would achieve these goals. It would provide
both direct and indirect employment opportunities for current and
future residents of the island; contribute to the island's overall tax
base and hence, increase both State and County revenues; and
complement and support other economic uses and in turn,
contribute to the stability, diversity, and growth of local and regional
economies.
19
This employment opportunity would come without adversely
affecting the environment. There are no known or significant plant
or animal life as well as archaeological/cultural features that would
be impacted
Impacts to the surrounding areas would also not be significantly
adverse. All of the required infrastructure are in place, and if any
upgrades are needed, they would be done by the applicant and not
at the cost to the public. The provision of landscaped buffers within
the project site would also help mitigate any adverse visual and
noise impacts to neighboring residential or agriculturally -zoned
properties.
G. Hawaii Coastal Zone Management Program
The objectives of the Hawaii Coastal Zone Management (CZM)
Program are outlined in Chapter 205a, Hawaii Revised Statutes.
The principal goal is to assure the protection and maintenance of
the State's coastal resources. Although the entire State falls within
the CZM area, the permitting process is geared for those areas
proximate to the coast and identified by the County as the Special
Management Area. Nonetheless, a general review of a project's
consistency to the CZM policies - regardless of its location - must
still be made.
In that regard, please note the following:
The proposed project will not have any substantial adverse
environmental or ecological effect. (Please refer to discussions
in Chapters V, VI, and VII). Any effect that may result will be
minimized to the extent practicable and will be clearly
outweighed by public interest.
• The proposed development would be consistent with the
objectives of the CZM program. Specifically:
• there would be no impact to the area's recreational
resources. This is not a shoreline property;
• the site does not appear to have any historical resources;
• the project will not affect any scenic and open space
resources;
• the coastal ecosystem will not be impacted;
• there will be more employment opportunities, and hence
furthering the economic uses of the site;
20
the site is more than seven miles from the shoreline, and
thus there would be no coastal hazard or beach erosion
or marine resource impacts; and
public participation will be achieved through the hearings
on this request.
• The proposed development is consistent with the County
General Plan and other appropriate regulatory tools, such as the
Zoning Code.
H. State Land Use Urban Standards
As the requested area covers less than fifteen (15) acres, the
County can process the request. Pursuant to the Planning
Commission Rule No. 13, the request must meet certain standards.
These standards and their justification follow:
1. Conformity to the General Plan
The project's relationship and conformity are demonstrated
in sections IX A and B above.
2. Relationship to State Land Use Urban District Standards
The State Land Use Commission's Rules provide the
standards for determining the Urban district boundaries
(Section 15-15-18). Their relationship to this request are
noted as follows:
a. "City -Like" Characteristics
Although not adjacent to the subject area, this general
area is characterized by a concentration of people,
structures, streets, and rural/urban level of services.
The Waikoloa Village is less than '/: mile from the
subject area. The Village has a variety of land uses,
including residential (single and multiple) and
commercial. There are no industrial zones, however.
b. Factors of Urban Characteristics
The site is proximate to centers of trading and
employment. It is within an area where there are
existing commercial uses and intended to serve as a
mini -employment center for the Waikoloa Village.
21
I
F
All of the related urban amenities and services such
as school, parks, and protective services are also
located less than a mile from the site. As such, basic
governmental and utility services are readily available
to this area.
This reclassification will not necessarily result in
providing a sufficient urban reserve area for growth,
as the applicant intends to develop the property
immediately. The area immediately surrounding the
site, however, could be used for possible expansion.
In that sense, the surrounding area may be suitable
for a growth reserve area.
C. Natural Hazards
Topographically, the site is suitable for development.
It does not have slopes in excess of 15 percent. The
site has no known unstable soil condition or
floodways that traverse it.
It is outside of the tsunami zone and is not located
within the high volcanic hazard area. Although within
Zone 4 of the earthquake hazards, this is a category
that applies to this area, as well as major urban areas
like the City of Hilo.
d. Continuous to Urban Areas
By design, the General Plan LUPAG map suggested
that the industrial area of Waikoloa Village be non-
contiguous to the town. The area suggested by the
General Plan was the subject site. As such, this
"contiguous" test cannot be reasonably met.
However, although the site is not physically
contiguous to an urban district, it is reasonably close
(less than'/2 mile) to it.
e. Relationship to County Growth Plans
This site does not represent the creation of a new
urban concentration, as the general areas
surrounding the balance of the site is already within
an urban environment. At the same time, although
not contiguous to an urban area, it is situated in an
22
L
I
area that is consistent with the General Plan LUPAG
map.
f. "Scatterization" Impact
As the site does conform to the standards described
earlier, this standard really does not really apply. This
applies to a situation where an amendment creates a
potential "spot" zoning and thereby increasing the
need to extend public services at considerable
taxpayers' expense. In this situation, although the
requested zoning would not be contiguous to an
urban area, it is in an area deliberately set out to be
"non-contiguous" on the General Plan.
Yet, its location is such that its development would not
result in the expansion or extension of government
services.
g. Slope of Property
Although there is a less than 10% grade difference
between the mauka and makai portions of the site,
the difference is not significant relative to its
development. As such, development of this site
would not be violative of the "more than 20% slope"
standard.
23
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: December 11, 2003
j r� j? f(� 0 43
Me
TO _, Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief cw
y, Engineering Division
SUBJECT State Land Use Boundary Amendment Application (SLU 03-012)
Change of Zone Application (REZ 03-028)
Applicant: Bay Pacific Development
Location: Waikoloa, S. Kohala, HI
TMK: 3 / 6-8-002:033
We reviewed the subject application and our comments are as follows:
DRAINAGE
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. The applicant shall be informed that if they include drywells in the subject
development, an Underground Injection Control (UIC) permit may be required from
the Department of Health, State of Hawaii.
3. A drainage study shall be prepared, and the recommended drainage system shall
be constructed meeting with the approval of DPW.
EARTHWORK
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit for
certain construction activity.
ROADWAYS
1. Waikoloa Road, fronting the subject property, is a County road. It has four lanes
with curb, gutter and sidewalk through Waikoloa Village, merging to two lanes with
shoulders at the existing driveway intersection, all within a 120 -ft. right-of-way.
DPW to Planning Director - REZ 03-028
TMK: 6-8-002:033
December 77, 2003
p. 2 of 2
2. Access to Waikoloa Road shall meet with the approval of DPW and conform to
current recommendations of the AASHTO Policy on Geometric Design of
Highways and Streets. The intersection shall be realigned to intersect normal
to Waikoloa Road at the stubbout mauka of the existing intersection on the
TMK map.
3. The applicant shall provide improvements to the intersection of the private access
road with Waikoloa Road including but not limited to, pavement, concrete curb,
gutter and sidewalk, drainage improvements, and any relocation of utilities;
meeting with the approval of the DPW. Right and left turn deceleration and storage
bays for ingress and a refuge/storage bay for egress shall be provided on
Waikoloa Road. Separate lanes shall be provided for northbound left and right
turning traffic from the private road. Street lights, signs and markings meeting with
the approval of the DPW, Traffic Division shall be installed. The applicant shall
construct all improvements at no cost to the County.
4. A private road currently serves the subject property. It has an 18 -20 -ft. wide
pavement from Waikoloa Road to the existing West Hawaii Utilities baseyard and
narrows to an unimproved one lane width at the subject property. It is substandard
based on width, alignment and roadside hazard clearances and should be
improved to minimum standards for 2 -way industrial/commercial traffic. We
recommend the 60 -foot wide County dedicable cross section which would be
required for subdivision purposes under the Subdivision Code. Minimally the
private access road and approaches to it, should be evaluated for alignment, sight
distance, roadside hazards and drainage.
TRAFFIC
Figure 3 does not include the entire 14.9 acres to be re -zoned. The entire area, if
developed to the highest and best use, could generate substantial traffic. We believe
that improvements, as recommended above, address the potential impacts of the
project as presented. However, we suggest the following condition be imposed to
ensure that we can call for further analysis if deemed necessary:
If required by the Planning Director, in consultation with DPW, a Traffic Impact Analysis
Report (TZAR) prepared by a licensed professional traffic engineer shall be submitted
for review and approval prior to plan approval. Additional road/traffic improvements, to
mitigate impacts to Waikoloa Road, if warranted, shall be provided by the applicant at
no cost to the County.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO
PLNG-KONA
LINDA LINGLE
GOVERNOR
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P.O. Box 2359
Honolulu, Hawaii 96804-2359
Telephone: 808-587-3822
Novem�er'hiZ'2003
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
Subject: State Land Use Boundary Amendment Application (SLU 03-012)
Agricultural to Urban
Change of Zone Application (REZ 03-028)
Open to Limited Industrial -1 acre (ML -la)
Bay Pacific Development LLC
TMK No: 6-8-02: por. 33
ANTHONY J.H. CHING
EXECUTIVE OFFICER
nrq 7-7 ?/
We have reviewed the subject applications forwarded by your memorandum dated
October 28, 2003, and confirm that the subject site, as generally represented on Figure 1,
is located within the boundary of the State Land Use Agricultural District. We also
confirm that the subject site is located on a portion of the Village Quarry (Site 2) that
was established pursuant to LUC Docket No. SP70-85/Waikoloa Development
Company for quarry and allied uses, and that operations at said quarry were
terminated in 2000 as required.
Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgment of the County of Hawaii regarding other matters in
the applications. We have no further comments to offer at this time.
eIT
Mr. Christopher J. Yuen, Director
November 17, 2003
Page 2
Thank you for the opportunity to comment on the subject applications. Please feel free
to contact Bert Saruwatari of my office at 587-3822, should you require clarification or
any further assistance.
Sincerely,
i -
ANTHONY J. H. G
Executive Officer
Mauna Kea Soil & Water Coiiserva'�ti&!_D1§trict
L
November,25
Mr. Christopher Yuen
County of Hawaii
Planning Department
101 Pauahi St., Suite 3
Hilo, HI 96720-3043
Dear Mr. Yuen,
Regarding the following sub -reviews and rezone requests:
SUBDIVISION REQUESTS
1.) SUB.03 — 0108, TMK 6-2-007 # 002 Clemson and Janet Lam. This parcel is in the
path of two tributaries of the Keanuiomano Stream as shown on the Kamuela USGS
Quad map. A review of the flooding potential of the tributaries within this parcel
should be undertaken before property development commences. An erosion control
plan should be developed to protect areas adjacent to this site from potential runoff
associated with rainfall events and dust and soil blowing that may occur during any
planned construction activities. Care should be taken to avoid blocking re-routing or
otherwise altering the stream channels during property development in order to
protect the community.
REZONE REQUESTS
1.) Rez. 03-028, TMK 6-8-02 por. of 33. Bay Pacific Development LLC. This is both a
rezoning request and Special Land Use Boundary Amendment Application that seeks
to change the parcel from an Agricultural to Urban designation. There is no high
agricultural value to this property due to climate conditions, soil and lack of water for
irrigation. It was previously used as rangeland for cattle grazing and as a quarry site.
There are no streams shown on the maps that are likely to affect this site in the event
of flooding. There is a definite fire hazard in the greater area surrounding Waikoloa
due to the dry climate, high wind speed and desiccated vegetation in the area. Care
PO Box 2975 Kamuela, HI 96743 808-885-6602 FAX 808-885-442B�
L�l
"T,
Mauna Kea Soil & Water Conservation District
should be taken to protect the site from wildfire and to reduce its potential as an ignition
source during construction. Fire resistant vegetation and or fire and fuel breaks could be
situated around the site to protect it after construction. An erosion control plan should be
developed to protect areas adjacent to this site from potential runoff associated with
rainfall events and dust and soil blowing that may occur during any planned construction
activities.
Thank You,
Robert L. Hind III
Chairman, Mauna Kea Soil & Water Conseivation District
PO Box 2975 Kamuela, HI 96743 808-885-6602 FAX 808-885-4420
Change of Zoning tion -�
Request: Agriculture to Urban � �� --� �. Ik-
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CAppiicant: Bay Pacific Development LL
TMK: 6-8-02: Portion of 033
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SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720
Telephone: (808) 969-1522 • Fax: (808) 969-7996
December 2, 2003
Mr. Christopher Yuen
Planning Director
Planning Department
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
• Planning • Variance • Zoning
7 • Subtlivision • Land Use Permits
.� Fivironmenlal Report
Subject: Applications for SLU Amendment (SLU 03-012) and Rezoning
(03-028), Bay Pacific Development, LLC
Waikoloa, South Kohala, HI. TMK: 6-8-02: Por of 33
Please find enclosed a copy of a letter, with enclosure, from the applicant's attorney
regarding the covenant issue for your information. In sum, the applicant continues to believe
that any covenant issue is a private matter that should be resolved between the affected
properties, and as such, it should not necessarily cloud the land use entitlement request
before you. The applicant is, nonetheless, hopeful that this matter will be resolved by the
affected parties in due time.
Should you have questions or agency comments relating to this matter, please feel
free to contact me. Thank you very much.
�incerel�
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy — Mr. Brian Cook, Bay Pacific Development, LLC w/o enclosure
Mr. Steven A. Kornberg, Esq. w/o enclosure
RUSH MOOR.E Cr WEN Attorneys at Law
SUTTON MORRY & BEH Offices in Honolulu, Maui and Kona
A Limited Liability Law Partnership, LLP
Kona Office: 75-167 Kalani Street, Suite 103, Kailua-Kona, Hawaii 96740-1800 / Tel (808) 329-4466 / Fax (808) 3294468
Steven A. Kornberg
Resident Counsel
Mail: sak6Uavanet
November 26, 2003
Sydney Fuki
Consulting Land Use Planner
100 Pauahai Street, Ste. 212
Hilo, HI 96720
RE: Application for Reclassification and Rezoning
Dear Mr. Fuki:
I am writing in response to the letter you received from Leighton Yuen
concerning the rezoning application.
A review of the factual history of this property establishes that the language in
the Deed conveying lot 3 to the Waikoloa Village Association would not effectively
prohibit the light industrial use that is sought for the 14.9 -acre parcel.
Firstly, there are defects in the wording of the restrictive covenant. The
benefitted parcel is not identified and there is no evidence that Transcontinental
Development Company has sufficient interest in any property which was benefitted by
the restriction. See Fong, v. Hashimoto, 92 Haw. 568, where the Court found that a
restrictive covenant was not created because the Deeds to the effected lots did not
contain a recitation establishing which lot or lots were to be benefitted by the
restriction and that the Grantor did not have sufficient interest to create an enforceable
restrictive covenant.
In addition, on the very day that the Deed was signed, December 11, 1987,
Waikoloa Village Association and Transcontinental Development Company entered into
a 15 -year lease to use that portion of the property for which rezoning is sought for a
mining quarry (a copy is enclosed). Thereafter, Transcontinental operated the quarry
site during a 15 -year period.
Thus, the very party that purported to create the restrictive covenant immediately
conducted uses which were in violation of the restrictive covenant for a 15 -year period.
Mr. Sydney Fuki
26 November 2003
Page 2
In addition, Waikoloa Land has leased a portion of the property for their West
Hawaii utilities base yard and still uses the land for that purpose!
This permitted light industrial and commercial use amounts to an abandonment
of the restrictive covenant as it relates to the lot 313, the quant' property, which can not
be used now to prevent the light industrial use which is sought by Petitioners.
McNamee v.-Bisho Trust, 62 Haw. 397, Fong u. Hashimoto (Supra.). The test for
abandonment is whether the lot owners acquiesced in substantial and general violations
of the restriction.
It is further noted that whether the restriction prohibits the expected use is really
a civil matter between the parties and should not influence or interfere with the
application as County land use principles should be the basis for evaluating the
application.
It is respectfully requested that the County evaluate the application in light of
sound land use principles irrespective of what one party believes may be a restrictive
covenant. The parties, either through negotiation or Court resolution, can determine
whether there is a restriction that would interfere with the expected light industrial use.
If we can provide any additional information to either you or the County
concerning this issue, please let us know.
Very truly yours,
STEVEN A. KORNBERG
Enclosure
cc: Clients
SAK/kjl
HHB/ W eikoloe/Ud1tr l 120
RECORDATION REQUESTTe� BY: tir
M.r_.
1
AFTER RECORDATION, RETURN TO: ao .
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rxmxa a:�............
REGI
THIS LEASE, made this ��n day o ,
19f7, but effective as of January 1, 1986, by and between
WAIROLOA VILLAGE ASSOCIATION, a Hawaii nonprofit corpora-
tion, whose principal place of business is at Waikoloa,
Hawaii, and whose post office address is P. 0. Box 3008,
Waikoloa, Hawaii 96743, hereinafter called "Landlord", and
TRANSCONTINENTAL DEVELAPMENT Co., a Texas partnership
authorized to do business in the State of Hawaii, whose.
principal place of business and mailing address is 1001
Bishop Street, Suite 2610, Honolulu, Hawaii 96813, herein-
after called "Tenant",
W I T N E S S E T H:
1. Demise. Landlord does hereby lease to
Tenant and Tenant hereby hires from Landlord, to be held
upon and subject to all of the terms herein set forth, all
of the land hereinafter described, together with all
improvements thereon and all rights, easements, privileges
and appurtenances thereunto belonging or appertaining or
held and enjoyed therewith, hereinafter called the ''de-
mised premises", said land being more particularly de-
scribed in Exhibit A attached hereto and made a part
hereof.
2. Term. This lease shall be for a term of
five (5) years from January 1, 1986 to and including
December 31, 1990, unless sooner terminated as herein set
forth, or unless extended as provided in Paragraph 5
below.
3. Pent. Tenant shall pay to Landlord for and
during the term above mentioned rent at the rate of SIX
HUNDRED DOLLARS ($600.00) per month, payable monthly in
advance on the first day of each month during said term.
4. Use of Mauka Ouarrv. Tenant shall have the
right to extract, directly or through a contractor, mate-
rials from the Mauka Quarry site located within the de-
mised premises. Upon commencement of such extraction, and
for so long as such operations continue Tenant agrees to:
a) pay to Landlord a $0.50 per ton royalty
for materials it extracts;
b) construct security gates on the two
access roads;
C) post a 4' x 4' sign at each gate with
words such as, "Danger," "Keep Out," "Blasting,"
etc.;
d) spray water during crushing and at all
transfer points sufficient to reduce dust to a
reasonably acceptable level;
e) spray all quarry roads with water at
least four times per day during days when the
quarry is being operated;
f) establish a fixed time each day for
blasting;
g) comply with all conditions set forth in
the applicable quarry permit and all other County
F
and/or State regulations applicable to the opera-
tion of the quarry at all times; and
h) upon termination of this lease,
(i) leave the face of the rock wall at
not more than a 40' angle, and
(ii) remove all of Tenant's quarry
plant and equipment, leaving the demised
premises in a reasonably level and clean
condition.
5. Option to Renew, Tenant shall have the
right and option of extending this lease for two (2)
additional terms of five (5) years each, upon the follow-
ing terms and conditions:
A) At the time of the exercise of the
option to renew Tenant shall not be in default in the
performance of any of the covenants or conditions of this
lease;
b) Each option shall be exercised by
written notice to Landlord not less than thirty (30) days
prior to the expiration of the previous period;
C) Each such five-year period shall be
upon the same terms and conditions as herein set forth,
with the following exceptions:
(i) Rent: The rent payable during the
first five-year renewal period shall be $660.00 per month
and $726.00 per month during the second five-year renewal
period;
(ii) Quarry Royalties: In lieu of the
royalty payment set forth in Paragraph 4(a), Tenant will
3
pay a $0.55 per ton royalty for materials extracted during
the first five-year renewal period and a $0.60 per ton
royalty during the second five-year renewal period.
6. Quiet rniovment. Landlord agrees that upon
payment of the rent herein provided and upon observance
and performance by Tenant of the covenants herein con-
tained and on the part of Tenant to be observed and per-
formed, Tenant shall peaceably hold and enjoy the demised
premises for the term demised without hindrance or inter-
ruption by Landlord or any other person or persons law-
fully or equitably claiming by, through or under Landlord.
7. Utilities. Tenant will pay'all utility
charges, garbage rates, and other charges of every de-
scription to which the demised premises or any part there-
of, including any improvements thereon, or Landlord or
Tenant in respect thereof, may during said term become
liable, whether assessed to or payable by Landlord or
Tenant, before the dates on which the said utility
charges, garbage rates and other charges become delin-
quent.
a. Real Property Taxes and Assessments.
Tenant, prior to the dates the same become delinquent,
will pay the amount of all property taxes to which the
demised premises or any part thereof, including any im-
provement thereon, or Landlord or Tenant in respect there-
of are, or may during said term become liable by authority
of law, and in the event any street, road or sewer im-
provement assessments or charges or assessments for any
other permanent benefit or improvement are, or have been
4
levied against the demised premises, or any part thereof,
under any betterment law or otherwise, and whether as-
sessed to or payable by Landlord or Tenant, Tenant shall
pay to Landlord such charges or assessments; provided,
however, that if the assessing authority provides that
such charges or assessments may be paid in installments,
then Tenant shall pay to Landlord each year thereafter
until the assessment is paid in full or until the expira-
tion of this lease, whichever is first, the annual in-
stallments levied by the assessing authority, together
with interest at the rate established for the improvement
district on the unpaid diminishing balances, said payments
to be made within ten (10) days after written request
therefor. Taxes and assessments for the first and last
years of the term hereof shall be prorated between Land-
lord and Tenant as of the dates of commencement and ter-
mination of this lease.
Nothing herein contained shall prevent Tenant
from contesting in good faith, by any appropriate proceed-
ings commenced before the same becomes delinquent, the
validity or amount of any such tax or assessment, nor
require the payment thereof until the final determination
of such contest adversely to Tenant; provided, however,
that Tenant will pay all such taxes and assessments,
together with all interest, penalties, fines and costs
accrued thereon or imposed in connection therewith, forth-
with upon the final determination of the amount thereof
due.
k
9. Condition. Tenant acknowledges that it has
carefully inspected the demised premises and accepts the
same "as is", without warranties or representations as to
the condition thereof, or any other matter pertaining
thereto, and assumes all risks of defects known or un-
known.
10. Inspection. Tenant will allow Landlord and
the agents of Landlord at reasonable times to enter upon
the demised premises and examine the condition thereof,
and will make good any defects for which Tenant may be
responsible hereunder within thirty (30) days after writ-
ten notice thereof.
11. Assumption of Risk and Indemnity. Tenant
will and does hereby assume all risks of personal injury
or wrongful death and of loss of or damage to property by
whomsoever owned, on or in the demised premises, arising
out of or in connection with the use and occupancy of the
demised premises by the Tenant, or resulting from any
failure on the part of Tenant to maintain the demised
premises in a good or safe condition, and Tenant hereby
agrees to indemnify and save harmless Landlord against and
from any and all claims for personal injury or wrongful
death by -third persons (including, without limiting the
generality of said term, officers, employees or agents of
Tenant or Landlord) and any and all claims for loss or
damage to property so arising or resulting and will reim-
burse Landlord for all its costs and expenses (including
reasonable attorney's fees) incurred in connection with
the defense of any such claims, except where such injury,
6
death, loss or damage is caused by the willful act or
negligence of Landlord.
12. Liens. Tenant shall not at any time commit
or suffer any act or neglect whereby the demised premises,
including improvements thereon, or the estate of Tenant in
the same, shall become subject to any attachment, lien,
charge or other encumbrance whatsoever, and shall indem-
nify and hold Landlord harmless against the same and all
expenses resulting therefrom, including reasonable attor-
neyst fees incurred in connection therewith, it being
hereby expressly agreed that Tenant shall have no author-
ity, express or implied, to create any lien, charge, or
other encumbrance -upon the demised premises, including -
improvements thereon, or upon the estate of Tenant there=
in, other than a permitted mortgage upon the estate of
Tenant. Tenant shall not be deemed in default hereunder
If Tenant shall cause such attachment, lien, charge or
other encumbrance to be released or discharged within
thirty (30) days after demand from Landlord, or such
longer period as landlord shall permit, or if in the case
of an attachment or lien for money claimed, the amount or
justification for which is disputed by Tenant, Tenant
within said thirty -day period, or longer if allowed by
Landlord, shall file a bond in form and with securities
satisfactory to Landlord in an amount not less than one
hundred fifty per cent (150%) of the amount of such claim,
naming Landlord as obligee and conditioned upon full
7
p".
payment of the amount of such claim, including all inter-
est, costs and attorney's fees incurred by the claimant
and Landlord, upon a decision adverse to Tenant.
13. Attorneys' Fees. In the event either Land-
lord or Tenant shall without any fault on its part be made
a party to any litigation commenced by or against the
other or otherwise without fault incur expense because of
litigation arising out of this lease or Tenant's occupancy
of the demised premises or interest therein (other than
condemnation proceedings), then the other shall and will
pay all costs and reasonable attorneys' fees incurred by
or imposed on the one so made a party or otherwise incur-
ring expense in connection with such litigation. Each
party will also pay all costs and reasonable attorney's
fees which may be incurred or paid by the other party in
enforcing any of the covenants and agreements of this
lease, including without limitation costs of collection of
delinquent rentals, taxes and other charges.
14. Assignment and sublease. Tenant shall not
assign or mortgage this lease or any interest therein
(except as provided in paragraph 25 hereof) or sublet the
whole or any part of the demised premises, or grant any
concessions in or affecting the demised premises or any
part thereof, without the consent of Landlord, which
consent shall not be unreasonably withheld. No assign-
ment, sublease or grant shall relieve the assignor, sub-
lessor or grantor, or any predecessor in interest from its
obligations under the covenants contained in this lease.
8
15. Hold -over. In the event Tenant remains in
possession of the herein leased premises after the expira-
tion of this lease with permission of Landlord but without
the execution of a new lease, Tenant shall be deemed to be
occupying said premises as a tenant from month-to-month
subject to all of the conditions, provisions and obliga-
tions of this lease insofar as the same are applicable to
a month-to-month tenancy.
16. Improvements. Tenant may make improvements,
alterations, additions or other changes to or in the
demised premises, subject to the prior written consent
of Landlord.
17. Liability Insurance. Tenant will procure at
its own cost and expense and keep in force during the
entire term of this lease, a policy of comprehensive
general liability insurance, in form and with such in-
surance company or companies as shall be reasonably satis-
factory to Landlord, with minimum limits of not less than
$300,000 for injury to or death of one person and not less
than $500,000 for injury to or death of more than one
person, and a policy in the sum of not less than $5o,000
insuring against claims of third persons for property
damage, said policy or policies to name Landlord as addi-
tional assured and to be filed with Landlord, and to cover
the entire demised premises. After the initial five-year
term and the first five-year renewal period, if applic-
able, the limits above set forth shall be re-examined from
time to time by the parties and, if a prudent business
person owning the premises and using the same for the
:7
type of use then practiced by Tenant would carry insurance
with higher limits, then, on demand of Landlord, Tenant
shall increase the limits of insurance to such higher
limits.
18. Fire Insurance. Tenant will, at Tenant's
own expense, keep all buildings and other improvements
from time to time on the land hereby demised, including
without limitation all plate glass therein, insured
throughout the term against loss or damage by fire and
extended coverage risks in an insurance company or com-
panies licensed to do business in the State of Hawaii, and
against war risks during time of war when insurance
against the same is reasonably obtainable, and will pay
all premiums thereon promptly when payable. The policy or
policies evidencing such insurance shall, by endorsement
or otherwise, name Landlord and Tenant as insureds. So
long as there shall be in effect a mortgage permitted by
the terms hereof covering Tenant's interest in the prem-
ises, such policy or policies shall also name, by endorse -
rent or otherwise, the mortgagee as an insured, and shall
provide that such policy or policies shall not be invali-
dated, as to the interest of the mortgagee therein, by any
act or neglect of the mortgagor or owner of the property,
nor by the use of the premises for purposes more hazardous
than permitted by such policy or policies.
Such policy or policies shall be written in an
amount or amounts which, in the aggregate, shall be equal
to the full replacement value of said buildings and other
improvements. Payment in the event of loss shall be made
10
to such corporate trust company as shall be designated by
Landlord, to be held thereby as trustee for Landlord,
Tenant and the mortgagee, if any, as their interests may
appear, and to be applied as herein set forth. Said
trustee shall have no obligation whatsoever to effect,
maintain or renew such insurance, nor to attend to any
claim for loss or damage thereunder or the collection of
any proceeds thereof, nor to incur any expense therefor,
and shall be responsible only for the proper custody and
application as herein provided of all proceeds of such
insurance that shall actually come into its possession,
and Tenant will pay all fees and expenses of said trustee
for or in connection with its services. Tenant will
deposit certificates from the insurance company as to the
coverage with Landlord and any mortgagee.
In the event said improvements, or any part
thereof, shall be destroyed or damaged by fire or other
casualty herein required to be insured against, then
Tenant shall have the option to terminate this lease by
written notice given to Landlord within thirty (30) days
of such casualty. Any termination pursuant to any option
provided in this paragraph shall become effective thirty
(30) days after receipt by Landlord of notice thereof, and
Tenant shall remove the improvements damaged by said
casualty and the debris resulting therefrom and restore
the land and remaining improvements to good and orderly
condition within said thirty -day period.
In the event Tenant elects to terminate this
lease under any of the situations aforesaid, Landlord
11
shall repay to Tenant any rental or other sums paid in
advance and not earned or accrued as of the effective date
of such termination, and in such case there shall first be
deducted from any insurance proceeds such amount as neces-
sary to pay the cost of removing destroyed improvements
and all debris resulting from such casualty and of restor-
ing the premises to as good and orderly condition as fea-
sible. Any insurance proceeds which are not used to
rebuild or restore the damaged improvements and/or to
remove all debris and restore the premises to good condi
tion shall be divided between Landlord and Tenant in the
same manner as hereinafter provided for the apportionment
of any award for improvements in the event of condemnation
as provided in Paragraph 21.
Should Tenant at any time fail, refuse or neglect
to carry the insurance herein provided for, or to pay the
premiums thereon, Landlord may, but shall not be obligated
to, procure or renew such insurance and charge the cost
thereof or the cost of any premiums paid by it therefor
against Tenant, and the amount so paid by Landlord for
such premium or premiums, together with interest thereon
from the date of payment at the rate of twelve per cent
(12%) per annum, shall be deemed additional rent and shall
be payable by Tenant to Landlord with the installment of
rent next falling due under this lease.
Tenant shall, within a reasonable time after
ascertaining the fact, give written notice to Landlord of
any destruction of or substantial injury to any improve-
ments on the demised land, from any cause whatsoever and,
12
at the same time, shall convey all information in its
possession regarding the cause and extent of such destruc-
tion or injury.
19. Surrender. On the last day of the term
hereby demised, or on sooner determination thereof, Tenant
will peaceably and quietly leave, surrender. and deliver up
to Landlord possession of the demised premises, together
with all improvements thereon, including all improvements
placed thereon by Tenant, in good order and repair, casu-
alty not required to be insured against excepted; pro-
vided, however, that if Landlord shall require, by written
notice given to Tenant not less than thirty (30) days
prior to the termination of this lease, Tenant shall
remove, at its sole expense, within thirty (30) days after
such termination, the two (2) maintenance buildings lo-
cated on the demised premises.
If Tenant is not in default at the termination of
this lease, Tenant may remove within thirty (30) days
after the termination of this lease all signs and trade
fixtures erected or placed upon the demised premises, and
Tenant shall replace and repair all damage to said prem-
ises caused by or resulting from such removal and leave
the premises in a clean and orderly condition.
20. Condemnation. If any corporation or govern -
went authority having the power of eminent domain shall
condemn the fee simple title to the demised premises or
any part or parts thereof, or any interest other than
Tenants leasehold only therein, then in every such case
the interest of Tenant under this lease in said premises,
13
or such part or parts as the case may be, shall thereupon
cease and determine. Tenant shall not by reason of such
condemnation be entitled to claim or receive any portion
of the compensation or damages payable or to be paid by
reason of such condemnation, except as hereinafter speci-
fied, and all such compensation and damages except as
hereinafter specified shall be payable to Landlord, with-
out any apportionment or reduction on account of Tenant's
leasehold interest.
If an easement through only a part of the demised
premises is taken, the rent shall be reduced,.except as
otherwise herein specified, effective as of the date the
condemning authority shall take possession and for the
remainder of any period for which the rent had been deter-
mined prior to such taking, to an amount that shall bear
the same relationship to the rent before the taking as the
rental value of the remaining premises after the taking
bears to the rental value of the premises immediately
before such taking. In determining the rental values of
the premises after and before a condemnation of an ease-
ment or a part but not all of the demised premises, the
value shall be as determined in the condemnation action
either directly or as can be computed from the amount of
the award or other figures determined by trier of the
facts to the extent possible, otherwise by mutual agree-
ment or, failing agreement, by a majority of three impar-
tial appraisers, one to be chosen by Landlord, one by
Tenant and the third by the two appraisers so chosen. In
the event that a portion only of the premises is so taken
14
and the remainder cannot reasonably be made suitable for
the operations of Tenant, then either party shall have the
right and option to cancel and terminate this lease upon
ninety (90) days' prior notice in writing given to the
other within ninety (90) days after Tenant loses posses-
sion of the portion so taken.
21. Condemnation of Tenant's Improvements and/or
4uarry Rights. If any condemnation shall result in the
loss of all or any part of improvements erected on the
demised premises by Tenant or paid for by Tenant, then
such compensation as shall represent the value thereof
shall be applied first to repairing or restoring any
improvements not taken and the remainder, if any, shall be
divided between Landlord and Tenant as their respective
interests may appear. Tenant's portion of such compensa-
tion shall be in the proportion that the unexpired portion
of the term of this lease, computed as of the date when
Tenant loses possession of the condemned improvements,
bears to the entire term of this lease, including all
renewal options. If any condemnation shall result in the
loss of all or any part of the quarry site located within
the premises, or Tenant's right to extract materials
therefrom, then all such compensation as shall represent
the value of quarry rights granted to Tenant hereunder
shall be paid to Tenant.
22. Leasehold Condemnation. In the event of a
condemnation of Tenant's leasehold interest in all or a
portion of the demised premises without the condemnation
of the fee simple title also, such condemnation shall not
15
excuse Tenant from full performance of all of its cove -
pants hereunder. However, Tenant shall be entitled to
present or pursue against the condemning authority its
claim for and to receive all compensation or damages
sustained by it by reason of such condemnation, and Land-
lord's right to recover compensation or damages shall be
limited to compensation for and damages, if any, to its
reversionary interest. It is understood that during such
time as Tenant shall be out of possession of the demised
premises by reason of such condemnation, this lease shall
not be subjectto forfeiture for failure to observe and
perform those covenants not calling for the payment of
money. In the event the condemning authority shall fail -
to keep the demised premises in the state of repair re-
quired hereunder, or to perform any other covenant here-
under not calling for the payment of money, Tenant shall
have ninety (90) days after the restoration of possession
to it within which to carry out its obligations under such
covenant or covenants.
At any time after such condemnation proceedings
are commenced, Landlord shall have the right, at its
option, to require Tenant to assign to Landlord all com-
pensation and damages payable by the condemner to Tenant,
to be held without liability for interest thereon as
security for the full performance of Tenant's covenants
hereunder, such compensation and damages received pursuant
to said assignment to be applied first to the payment of
rents, taxes, assessments, insurance premiums and all
other sums from time to time payable by Tenant to Landlord
16
or others pursuant to the terms of this lease as such sums
fall due, and the remainder, if any, to be payable to
Tenant at the end of the term hereof or on restoration of
possession to Tenant, whichever shall first occur. It is
understood and agreed that such assignment shall not
relieve Tenant of any of its obligations under this lease
with respect to such rents, taxes, assessments, insurance
premiums and other sums except as the same shall be ac-
tually received by Landlord. If such compensation and
damages shall exceed an amount equal to the rent, taxes,
assessments, insurance premiums and all other sums from
time to time so payable or which may reasonably be ex-
pected to become payable by Tenant to Landlord or others
pursuant to the terms of this lease during the period of
the lease so condemned, Landlord shall on demand pay to
Tenant such excess.
23. Notices. Any notice or demand to be given
to or served upon Landlord in connection with this lease
shall be deemed to have been sufficiently given or served
for all purposes by being sent as certified mail, postage
prepaid, addressed to Landlord at its mailing address
above specified or at such other address as Landlord may
from time to time designate in writing. Notice or demand
to be given to or served on Tenant shall be deemed to have
been sufficiently given or served by being sent as cer-
tified mail, postage prepaid, addressed to Tenant at the
post office address above specified, or at such other
address as Tenant may from time to time designate in
writing. If there shall be more than one Landlord, or
17
more than one Tenant, mailing or personal delivery of such
- notice to one of the Landlords or to one of the Tenants
shall be construed as service of notice as to all of the
Landlords, or to all of the Tenants as the case may be.
Any such notice or demand shall be deemed conclusively to
have been given or served as of the date of such mailing
and whether or not in fact received by the addressee. The
method of giving notice or demand set forth above shall
not be deemed exclusive, and personal delivery to the
addressee (or to any officer of the addressee if such
addressee is a corporation) shall likewise be deemed
sufficient.
24. Waiver of Claims. Each of the parties -
hereto on its own behalf and on behalf of any insurer on
any policy insuring it, hereby waives any right of recov-
ery, claim, or cause of action against the other party for
destruction of or damage to the demised premises., in-
cluding all fixtures and other improvements therein or
thereon, and for destruction of or damage to personal
property, arising out of or caused by any risk which is or
can be insured against under a standard form of fire
insurance policy with extended coverage endorsement or
similar coverage, provided that such waiver does not
reduce or prejudice the protection under such insurance or
prejudice the party's ability to obtain or renew any such
insurance. It is agreed that such waiver shall not be
effective if the insurer shall require as a result thereof
or as a condition thereto, any payment of an additional
is
premium or any other conditions which would not be re-
quired if such waiver were not to be effective. The
provisions hereof shall apply whether such destruction,
injury, or damage be caused by or result from the negli-
gence or fault of the other party or from any other cause
and whenever the same might happen during the term hereof
or thereafter and while Tenant remains in possession of
all or part of the demised premises. Nothing in this
paragraph shall be construed as relieving Tenant of the
obligation to maintain insurance and restore the premises
as may be set forth elsewhere in this lease, nor as
relieving Tenant from liability for damages in the event
of failure to so maintain insurance or restore.
25. Mortgage. Tenant may from time to time
without consent of Landlord assign this lease by way of
mortgage to any bank, insurance company or other estab-
lished lending institution as mortgagee, provided that
Tenant shall upon execution of such mortgage promptly
deliver a true copy thereof to Landlord. The mortgagee or
its assigns may enforce such mortgage and acquire title to
the leasehold estate in any lawful way, and pending fore-
closure of such mortgage may take possession of and rent
said premises, and upon acquisition thereof, through
foreclosure or otherwise, may without further consent of
Landlord sell and assign the leasehold estate by assign-
ment in which the assignee shall expressly assume and
agree to observe and perform all the covenants of Tenant
herein contained, and such assignee may make a purchase
money mortgage of this lease to the assignor, provided
19
that upon execution of any such assignment or mortgage, a
true copy thereof shall be delivered promptly to Landlord,
and that no other or further assignment of this lease for
which any provision hereof requires the written consent of
Landlord shall be made without such consent. The Mort-
gagee or its assigns of such mortgage shall be liable to
perform the obligations herein imposed on Tenant only
during the period such person has possession or ownership
of the leasehold estate. Nothing contained in such mort-
gage shall release or be deemed to relieve Tenant from the
full and faithful observance and performance of its cove-
nants herein contained, or from any liability for the
nonobservance or nonperformance thereof, nor be deemed to
constitute a waiver of any rights of Landlord hereunder,
and the terms, covenants and conditions of this lease
shall control in case of any conflict with the provisions
of such mortgage.
26. Mortgagee's Protection. During the con-
tinuance in effect of any authorized mortgage of this
lease, Landlord will not terminate this lease because of
the bankruptcy or insolvency of Tenant, or because Tenant
shall abandon said premises, or make an assignment for the
benefit of creditors, or suffer this lease or any estate
or interest thereunder to be taken under any writ of
execution, or because of any other breach or condition or
failure on the part of Tenant to observe or perform any of
the covenants contained in this lease and on the part of
Tenant to be observed or performed, if the Mortgagee
within sixty (60) days after receipt of written notice
20
from Landlord of intention to terminate this lease for any
such cause shall cure such default, or if the Mortgagee
shall institute foreclosure proceedings within said period
and thereafter prosecute the same in a diligent and timely
manner, provided that (i) pending such foreclosure there
is paid to Landlord and others the rent and other charges
and items of payment required to be paid by Tenant under
the terms of this lease which have accrued or shall accrue
and become due and payable during said period of time,and
(ii) such foreclosure is completed with due diligence.
The Mortgagee or any other party acquiring the
leasehold shall undertake to cure any defaults which shall
continue to exist after such acquisition so far as curable
by such party, and thereafter to perform all of the con-
tinuing covenants on the part of Tenant to be observed and
performed as long as such party shall hold this lease.
The fact that the time has expired for performance of a
covenant by Tenant shall not be deemed to render perfor-
mance by the Mortgagee or a purchaser impossible, but in
such event, if the Mortgagee or any purchaser on foreclo-
sure shall promptly undertake to perform Tenant's de- .
faulted obligation and shall diligently proceed with such
performance, the time for such performance shall be ex-
tended by such period as shall be reasonably necessary to
complete such performance. ownership by or for the same
person of both the fee and leasehold estates in said
premises shall not effect the merger thereof without the
prior written consent of any mortgagee to such merger.
21
27. Consent. Whenever Landlords consent or
approval shall be required by the provisions of this
lease, Landlord shall not capriciously or unreasonably
withhold such consent or approval nor require the payment
of any money consideration therefor, except a reasonable
service charge. Failure to approve or disapprove within
thirty (30) days after written request therefor shall be
construed as approval.
28. Default. If Tenant then holding this lease
(1) shall fail to pay the said rental or .
any part thereof when the same becomes due, whether the
same shall or shall not have been legally demanded, and
such failure shall continue for a period of ten (10) days
after written notice of default to Tenant, or
(2) shall fail to observe or perform faith-
fully any of the other covenants or agreements herein
contained and on the part of Tenant to be observed or
performed and any such failure to observe or perform shall
continue for a period of thirty (30) days after written
notice of such default is given to Tenant, or
(3) shall commence a voluntary case or
suffer any decree or order for relief to be entered
against it in any involuntary case under the federal
bankruptcy laws or any other applicable federal or state
bankruptcy, insolvency or similar law, or have a receiver,.
custodian, trustee or similar official appointed for it or
for any substantial part of its property, or fail to pay
its debts as such debts become due, or
22
(4) shall abandon the demised premises or
suffer this lease or any estate or interest hereunder to
be taken under any writ of execution,
then and in any such event, Landlord may exercise any or
all of the following remedies:
(A) Termination of Lease. Landlord
may at once enter into and upon the demised premises or
any part thereof, or with or without such entry, terminate
and cancel this lease and thereupon take possession of the
demised premises and thereby become wholly vested with all
right, title and interest of Tenant therein. If this
lease shall be recorded in the Bureau of Conveyances,
cancellation may, but need not necessarily, be made effec-
tive by filing in the Bureau of Conveyances an affidavit
that default has occurred, that notice has been given,
where notice is required, and that this lease has been
cancelled. If title to the lands hereby demised.is or
becomes registered in the Land Court.of the State of
Hawaii, cancellation may, but need not necessarily, be
made effective by filing a petition for an order cancell-
ing this lease, which order may be issued by the Land
Court after summoning or notifying Tenant as provided by
law or order of said Land Court. The filing of such
affidavit or the securing of such order shall dispense
with the necessity of making any physical entry upon the
demised premises.
Whether or not Landlord shall so cancel, Landlord
may expel and remove from the demised premises Tenant and
those claiming under Tenant and their effects, all without
23
service of notice or resort to any legal process and
without being deemed guilty of any trespass or becoming
liable for any loss or damage which may be occasioned
thereby and without prejudice to any other remedy or right
Of action which Landlord may have for such breach or for
rent or any other indebtedness owing by Tenant hereunder,
whether theretofore or thereafter accruing or to accrue,
or for other or preceding breach of covenant of this lease
on the part of Tenant.
(B) Summary Possession. Whether or
not Landlord shall have taken any action above permitted,
Landlord may bring an action for summary possession in
case of such default, and in any such action service of -
prior notice or demand is hereby expressly waived. In the
event of such resumption of possession under this lease
whether by summary proceedings or by any other means,
Landlord, or any receiver appointed by a court having
jurisdiction, may dispossess and remove all persons and
property from the demised premises, and any property so
removed may be stored in any public warehouse or elsewhere
at the cost of and for the account of Tenant, and Landlord
shall not be responsible for the care or safekeeping
thereof, and Tenant hereby waives any and all loss, de-
struction and/or damages or injury which may be occasioned
in the exercise of reasonable care by any of the aforesaid
acts. Landlord may recover from Tenant all damages,
attorney's fees and costs which may have been incurred by
Landlord as a result of any default of Tenant hereunder,
24
including the expense of recovering possession. No re-
entry or taking of possession of the demised premises by
Landlord shall be construed as an election on Landlord's
part to terminate.this lease, unless a written notice that
this lease is terminated is given by Landlord to Tenant,
or an affidavit is filed or order secured stating that the
lease is terminated. The effective date of termination of
this lease shall be as of the date set forth or provided
in the notice, affidavit or order aforementioned, as the
case may be.
(C) Right to Re -let. Landlord may
from time to time, without terminating this lease, re -let
for the account of Tenant the demised premises or any part
thereof, for all or any portion of the remainder of said
term to a tenant or tenants satisfactory to Landlord, and
at such rental or rentals as may, in the exercise of
reasonable efforts be obtained, with the right to Landlord
to put the demised premises in good order and condition
and to make reasonable alterations and repairs to facili-
tate such re -letting at'Tenant's expense, and Landlord
shall receive such rentals and apply them, first, to the
payment of the expense of recovering possession of the
demised premises and the re -ranting thereof, together with
such expense as Landlord may have incurred in putting the
demised premises in good order and condition or'in making
such alterations and repairs, and then to the payment of
the rent due by these presents and to the fulfillment of
the agreements hereunder of Tenant. The balance, if any,
will be paid over to Tenant, provided that Tenant shall
25
remain liable for any deficiency, which deficiency Tenant
agrees to pay monthly as the same may accrue. Notwith-
standing any such re -letting without termination, Landlord
may at any time thereafter elect to terminate this lease
for such previous breach or for any further breach.
(D) Damages. Anything in this section
to the contrary notwithstanding, it is agreed that in the
event Landlord terminates this lease by reason of any
breach thereof by Tenant or because of any other event
entitling Landlord to so terminate as set forth above,
Landlord, at Landlord's option, shall thereupon be en-
titled to recover from Tenant liquidated damages in an
amount equal to the excess, if any, of the amount of rent
payable hereunder by Tenant for or on account of the
demised premises for the balance of the stated term over
the reasonable rental value of the demised premises at the
time of such termination for the same period and on the
same terms, except as to rent, as herein set forth to the
extent reasonably applicable. The cause of action for
such damage shall accrue upon.such termination.
It is further understood that each and all of the
remedies given to Landlord hereunder are cumulative and
that the exercise of one right or remedy by Landlord shall
not impair Landlord's right to any other remedy.
29. Non -waiver. It is hereby expressly agreed
that the acceptance of the rent by Landlord and/or the
failure of Landlord to insist upon a strict performance by
Tenant of the terms hereof shall not be deemed to be a
waiver by Landlord of any breach by Tenant of any covenant
26
or agreement herein contained, nor of Landlord's right to
terminate this lease for breach of covenant; provided
only, however, that if such breach shall be remedied or
cured within the period herein allowed, then said breach
shall be deemed waived and no forfeiture shall be enforced
for such breach.
30. Severability. The unenforceability.or
invalidity of any provision herein contained as to any
person or circumstances shall not render that provision
unenforceable or invalid as to any other person or circum-
stances and all provisions hereof in all other respects
shall remain valid and enforceable.
31. Definitions. The term "premises" or
"demised premises" as used herein shall be deemed to
include the land demised and all improvements thereon
whenever and by whomsoever erected. When referring to the
parties hereto, reference herein to the singular shall
include the plural, the plural the singular, and reference
to any gender shall include either or both of the other
genders. The term "Landlord", or any pronoun used in
place thereof in these presents, shall include Landlord
and the heirs, personal representatives, successors and
assigns of Landlord and the term "Tenant", or any pronoun
used in place thereof, shall include Tenant and the heirs,
personal representatives, successors and assigns of Ten-
ant, according to the context hereof. All agreements,
covenants and conditions herein set forth shall be deemed
to run with the land and to be binding upon Landlord and
27
Tenant as hereinabove defined, jointly and severally if
more than one.
32. Limitation of Liability. Landlord hereby
agrees that any claims which it may have against
Transcontinental Development Co. arising out of or relat-
ing to this lease, the demised premises, or the operations
contemplated hereunder, shall be enforceable only as
against the partnership assets of Transcontinental
Development Co., and Landlord further agrees that any such
claims shall not be enforceable against any of
Transcontinental Development Co.'s partners personally or
any of such partners, personal assets or property aside
from its interest in Transcontinental Development Co.
33. integration and Amendment. This lease is a
complete integration of every agreement and representation
made by or on behalf of Lessor and Lessee with respect to
the demised premises, including without limitation, any
and all agreements regarding a proposed license agreement
covering the demised premises, and no implied covenant or
prior oral or written agreement shall be held to vary the
provisions hereof, any law or custom to the contrary
notwithstanding. No amendment, waiver, or modification of
this lease shall be effective unless incorporated in a
written instrument executed by Landlord and Tenant.
IN WITNESS WHEREOF, the parties hereto have
28
- T
r. S
_ 4a
executed this instrument the day and year first above
written.
TANDL40RD: WAIKOWA VILLAGE ASSOCIATION,
a Havma i nonprofit cq pration
By
BY
Its; aG
TENANT: TRANSCONTINENTAL DEVELOPMENT CO.,
a Texas partnership authorized to
do business in the State of Hawaii
By TRANSCONTINENTAL CORPORATION
Its Managing General Partner
By
Its ASST. 1%�,
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On thi I�rt k day o / -(E -1 ,1987,
be ore me appe r fL and
4 , t m peCTO-4.J—Q� y known,
who bei by me dul sworn did sa hat they a e t
and 2 C, -,L0- r sp ctively of WAIKOLOA VILLAGE
ASSOCIATION, a Ha 1 nonprofit corporation; that the seal
affixed to the for g Ing instrument is the corporate seal of said
corporation; said instrument was signed and sealed in
behalf of (ai�jd?c5vporation by authority of it oardDirectors;
and said �%S and 'L
acknowledged said instrument to be the free act and deedf said
corporation.
My commission expires May 10, 1991.
191-2; before
ersonally
that he is
ATION, a
Partner of
TRANSCONTINENTAL DEVELOPMENT CO., a Texas general partner-
ship authorized to do business in the State of Hawaii;
that the seal affixed to the foregoing instrument is the
corporate seal of said corporation; that said instrument
was signed and sealed in behalf of said corporation by
authority of its Board of Directors; and said
acknowledged the instrument to be
the free act and deed of said corpgration as said Managing
General Partner.
Hy Commission. expires:
Mr0dWn 1
LAND SITUATED ON THE SOUTHEASTERLY SIDE OF WAIKOLOA ROAD
AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII
BEING A PORTION OF ROYAL PATENT 5671, LAND COMMISSION AWARD 8521-B
APANA 1 TO G. D. HUEU
BEING ALSO A PORTION OF IAT 3 OF WAIKOLOA DEVELOPMENT
(FILE PLAN 1172)
Beginning at a pipe at the North corner of this parcel of
land, on the Southeasterly side of Waikoloa Road, being also the
West corner of Lot 5 of Waikoloa RM 1.5, Unit 1 (File Plan 1378),
the coordinates of which referred to Government Survey Triangulation
Station, ^PUU HINAI" being 7,911.61 feet North and 7,129.75 feet
West and running by azimuths measured clockwise from true South:
Along Lot 5 of Waikoloa
RM 1.5, Unit 1, (File
Plan 1378), on a curve to
the left with a radius of
4,400.00 feet, the chord
azimuth and distance
being:
1. 300' 18' 15" 424.47 feet to a pipe, thence;
2. 297' 32' 22" 1,925.65 feet along Lot 5 of Waikoloa
RM 1.5, Unit 1 (File Plan
1378) to a pipe;
thence along Lot 5 of
Waikoloa RM 1.5, Unit 1,
(File Plan 1378), on a
curve to the right with a
radius of 2,900.00 feet,
the chord azimuth and
distance being:
3. 310' 19, 05.5" 1,282.88 feet to a pipe, thence;
thence along the
Southeasterly side of
Waikoloa Road, on a curve
to the right with a
radius of 1,630.00 -feet,
the chord azimuth and
distance being:
S. 240' 00, 06" 21.02 feet to a pipe, thence;
9. 240' 22' 16" 78.98 feet along the Southeasterly
side of Waikoloa Road to
the point of beginning
and containing an area of
267.889 acres.
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all mineral and
metallic mines.
2. Grant of Easement in favor of Hawaiian Telephone Company, dated
October 25, 1978, recorded in Liber 13402 at Page 662; granting
easements over and across Easement A-1 for access purposes,
Easement RS -1 for radio station purposes, and Easement T-1 for
overhead telephone line purposes, affecting Lot 3 and being more
particularly described therein.
3. Grant in favor of Waikoloa water Co., Inc., dated December 20,
1978, recorded in Liber 13374 at Page 441, as amended by
instrument dated February 4, 1981, recorded in Liber 15498 at
Page 103; granting perpetual nonexclusive easements for water
lines and water service connected with its operation as a water
public utility, etc., over and across Easement "W2 -A" affecting
Lot 3 and being more particularly described therein.
4. Grant in favor of Hawaii Electric Light Company, Inc., dated
August 14, 1979, recorded in Liber 13956 at Page 491; granting a
perpetual nonexclusive right and easement of access, and for
2
4.
28'
00,
3,000.00
feet
along remainder of Lot 3
_
of Waikoloa Development
(File Plan 1172) to a
pipe;
5.
118'
00'
3,603.06
feet
along remainder of Lot 3
of Waikoloa Development
(File Plan 1172) to a
pipe;
6.
2080
00,
3,157.83
feet
along remainder of Lot 3
of Waikoloa Development
(File Plan 1172) to a
Pipe;
7.
149'
37'
56" 62.75
feet
along remainder of Lot 3
of Waikoloa Development
(File Plan 1172) to a
pipe;
thence along the
Southeasterly side of
Waikoloa Road, on a curve
to the right with a
radius of 1,630.00 -feet,
the chord azimuth and
distance being:
S. 240' 00, 06" 21.02 feet to a pipe, thence;
9. 240' 22' 16" 78.98 feet along the Southeasterly
side of Waikoloa Road to
the point of beginning
and containing an area of
267.889 acres.
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all mineral and
metallic mines.
2. Grant of Easement in favor of Hawaiian Telephone Company, dated
October 25, 1978, recorded in Liber 13402 at Page 662; granting
easements over and across Easement A-1 for access purposes,
Easement RS -1 for radio station purposes, and Easement T-1 for
overhead telephone line purposes, affecting Lot 3 and being more
particularly described therein.
3. Grant in favor of Waikoloa water Co., Inc., dated December 20,
1978, recorded in Liber 13374 at Page 441, as amended by
instrument dated February 4, 1981, recorded in Liber 15498 at
Page 103; granting perpetual nonexclusive easements for water
lines and water service connected with its operation as a water
public utility, etc., over and across Easement "W2 -A" affecting
Lot 3 and being more particularly described therein.
4. Grant in favor of Hawaii Electric Light Company, Inc., dated
August 14, 1979, recorded in Liber 13956 at Page 491; granting a
perpetual nonexclusive right and easement of access, and for
2
electric utility purposes over Easement "U-3", containing an
_ area of 17.272 acres, affecting Lot 3, besides other land, and
being more particularly described therein.
5. Grant in favor of Hawaii Electric Light Company, Inc. and
Hawaiian Telephone Company, dated November 3, 1980, recorded in
Liber 15357 at Page 198; granting the right in the nature of a
perpetual nonexclusive utility easement to build, construct,
reconstruct, rebuild, repair, maintain, operate and use pole and
wire lines, guys, anchors, etc., upon, across, through and over
Easement "T -1-A" (10.00 feet wide) for overhead line purposes
affecting Lot 3 of File Plan 1172 and Lot 5 of File Plan 1378
and being more particularly described therein.
3
SidneyFuke, Planning Consultant
Mae
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720
Telephone: (808) 969-1522 • Fax: (808) 969-7996
it)Aetiftr 33,29 1 27
Mr. Christopher Yuen, Director 7p
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
• Planning • Variance • Zoning
• Subdivision • Land Use Permits
• Environmental Reports
Subject: State Land Use (SLU 03-012) and Rezoning (REZ 03 028)
Bay Pacific Development, LLC, TMK: 6-8-02: Portion of 33
Thank you for providing me with a copy of agency comments to date regarding
the subject matter. We note that the County Police and Fire Departments had no
comments or objections to the requests. The State Historic Preservation Division also
concluded that there are no historic properties being affected, while the State Land Use
Commission deferred judgment to the County.
Relative to the Department of Environmental Management's comments, please be
informed that the applicant intends to retain all excess material on site. There is very
little vegetation on the site and will be retained on site and not disposed off in the
County's landfill. As such, the applicant believes that this project should generate an
insignificant, if any, amount of waste requiring disposal into any of the County's landfill.
The Mauna Kea Soil and Water Conservation District noted that the site had very
little agricultural value, and no stream or drainageway traverses the site. To address
potential wildfire concerns, landscaping will be provided, as required by the County.
Then, too, potable and fire protective water, as will be required by the County Fire
Department will be provided to the project. Finally, an erosion and/or drainage plan will
be developed and implemented in conjunction with the building permit process.
I trust that this information adequately addresses the aforementioned agencies'
comments. If not or if there are more comments or questions on this matter, please feel
free to contact me. Thank you very much.
S�n\cAe�rel ,
SIDNEY FUKE
Planning Consultant
Copy — Department of Environmental Management
Mauna Kea Soil and Water Conservation District
Bay Pacific Development, LLC, w/ enclosures E X(IB 1 T;
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720
Telephone: (808) 969-1522 • Fax: (808) 969-7996
January 8, 2004
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
3 19
Subject: State Land Use (SLU 03-012) and Rezoning Requests
(REZ 03-028) — Bay Pacific Development
Waikoloa, South Kobala, Hawai i, TMK: 6-8-02: 033
c dl
• Planning • Variance • Zoning
• Subdivision • Land Use Permits
• Environmental Reports
Thank you for providing me with a copy of comments from the Department of
Public Works (DPW), dated December 11, 2003, and the State Department of Land and
Natural Resources — Land Division, dated December 4, 2003, regarding the subject
matter. We note that the DLNR had no comments or objections to the request. Relative
to the DPW, please note the following:
Drainage and Earthwork
The applicant will develop and implement a drainage plan in conjunction
with the building permit process. The plan will conform to appropriate
County requirements, which include containing all development -generated
runoff on-site.
2. Likewise, in the event a grading and/or grubbing permit is required, a plan
will be filed in conjunction with the permit prior to any land disturbance
activity to assure compliance with County requirements.
3. The applicant will secure, if needed, an NPDES and/or UIC permit for the
development of this project. This will usually occur during the building
and/or site development phases of this project.
Roadways and Traffic
Access will be secured in the area where the property abuts Waikoloa
Road. This is the only legal access to the subject area. The existing road
in this area will be realigned so that it will be perpendicular to Waikoloa
Road. This will enhance the sight distance for vehicles exiting onto
Waikoloa Road.
Mr. Christopher Yuen
January 8, 2004
Page 2
2. Given the relatively low volume of traffic anticipated to be generated by
this development (which will be principally a self -storage facility), the
request for a dedicated left and right turn lanes at the property's entrance,
acceleration/deceleration lanes along Waikoloa Road, and a TIAR prior to
receipt of Plan Approval are not really warranted.
Given the projected industrial uses and its distance from the Village itself,
there does not appear to be a need for a curb, gutter, and sidewalk
improvement at the intersection. Pedestrian traffic in this area is absent or
quite minimal at best.
4. Finally, as noted in the application, the applicant intends to provide a 20 -
foot wide roadway within a proposed 60 -foot wide right-of-way from
Waikoloa Road to and within the main spine of the subject property. The
applicant will also realign the access road at its intersection with Waikoloa
Road, which will provide greater sight distance.
I trust that the comments noted herein fully address the comments of the DPW. If
not or if there are further questions/comments on this matter, please feel free to contact
me. Thank you very much.
'nc�erely��
S Y M. FUKE
Planning Consultant
Copy — DPW -Engineering
Bay Pacific Development via FAX
Mr..Bruce Witcher, P.E., via FAX
1. The exiking Waikoloa Road shall be improved to create a dedicated
left -turn lane from Waikoloa Road into the project's entrance.
Furthermore, the project's entrance with Waikoloa Road shall be
realigned and improved, meeting with the approval of the Department
of Public Works. These improvements shall be completed prior to
issuance of an occupancy permit for any use authorized under this
ordinance.
2. A Traffic Impact Analysis Report (TIAR) shall be prepared and
submitted for the review and approval of the Department of Public
Works prior to issuance of any Plan Approval for uses other than a
self -storage or warehouse facility on the subject property. Under that
basis, the approved traffic mitigation measure(s) contained in the
TZAR shall be implemented prior to issuance of occupancy permit.
DATE:
To:
January 16, 2004
GOODSILL ANDERSON QUINN Sz STIFEL
A LIMrTTO LIA01LrrY LAW PARTNERSHIP LLP
AUI PLACE, SUITE 1800 • 1099 ALAKEA STREET
HONOLULU, HAWAII 96613
MAIL ADDRESS P.O. Box 3196
HONOLULU, HAWAII 96601
TELEPHONE (808) $47-M • FAx (808) 647-5680
Riloftoodsill.co.i • Ww..Boodsdl.com
FACSIMILE TRANSMISSION
Cl L'(,
NAME:
FAx No.:
PHONE NO.:
SENT/OPERATOR
County of Hawaii Planning
(808) 961-8742
Commission
Attention: Jeff Darrow
FROM: Leighton J. Yuen
PHONE: (808) 547-5605
RE: Submittal of Applications with Planning Department MATTERNO: 50935
for Reclassification and Rezoning
NUMBER OF PAGES WITH COVER PAGE: 45
Attached please find copy of letter dated 11/7/03, including copy of Deed dated 12/31/85, previously sent to
Sydney Fuke, copies of which were also sent to the County of Hawaii Planning Department.
H you do not receive all of the pages or if they are illegible, please call
the fax room at (808) 547-5600, ext 528.
CONFIDENTIALITY.' 'rhe information contained in this fax message is intended for the confidential use of the persons named
above. This message may be an attomey-dient communication and, as such, is privileged and confidential. If you have received
this document in error, any review or distribution of this message is strictly prohibited, and you should notify us immediately by
telephone and retum the original message to us by mail. Thank you.
57/60!.1 SIT
E.: G,u4
S26 -d to d 102-1 088S1V58084 40sa301Y 111s0000-woId SZ:sI 90 -91 -tier
GOODSILL ANDERSON QUINN & STIFEL
A L mini LIAOLLITY LAW PARTNERSHIP LLP
LOGNrCN J. YUEN ALIT PLACE, SURE IWO. 1099 ALAKEA SYREET
HONOLULU, HAWAI196813
MAIL ADORE39t P.O. ROK 319E
HONOLULU, HAWAII 96801
TELEPHONE (808) 547.56M • FAX (BOB) 547-5880
infoIggoodsill Imm • W .goodsdl.com
November 7, 2003
Mr. Sidney Fuke VIA FACSIMILE
Planning Consultant (808) 969-7996
100 Pauahi Street, Suite 212
Kilo, Hawaii 96720
Re: Submittal of applications with Planning
Department for reclassification and re
Gentlemen:
DIRECT DIAL:
(A08) 547-5605
WTERNm
Iyumagooda-com
We are the attorneys for Waikoloa Land Company, Inc. and its various
affiliates and subsidiaries, including Transcontinental Development (Hawaii) Co.,
Waikoloa Development Co. and Waikoloa Land & Cattle Co. We understand that you
have filed, on behalf of Bay Pacific Development, LLC, applications with the Hawaii
planning Department to reclassify a 14.902 acre portion of Waikoloa Village Association
land from Agriculture to Urban and rezone said area from Open (0) to Light -Industrial
(ML -la). Such action would have the effect of designating a portion of Lot 3, as shown
on File Plan 1172, for Industrial uses.
Lot 3, File Plan 1172, is presently zoned Open. In general, the purpose of
Open Districts are to preserve areas for open land type uses, to encourage development
around the open areas, to protect investments made in reliance upon the retention of such
open spaces, to buffer otherwise incompatible uses and to preserve scenic vistas. Please
be advised that Lot 3 and other lands surrounding the Waikoloa Village were conveyed to
the Waikoloa Village Association on the agreement that those lands would be used only
for the types of uses permitted within Open Districts under the Hawaii County Code, and
not for commercial purposes.
This agreement is set forth in restrictive covenants that were included in the
deed conveying Lot 3 and other buffer areas to the Waikoloa Village Association. Even
if the zoning for the property is changed, these deed restrictions limit the use of these
lands to Open Purposes. For your convenience, we enclose a copy of that deed.
430941.3
sZ8-d ZO d 102-1 08891Y9808+ NOSHONY 11150009-WG1d 9Z:91 40 -91 -ger
GOODsu ANDERSON QU1NN &t ST11 a -
A LP47E0 LIABllIrV LAW PARTNERSHIP LLP
Mr. Sidney Fuke
November 7, 2003
Page Two
Waikoloa Land Company has advised the Waikoloa Village Association
that it must comply with the applicable deed restrictions. As such, Waikoloa Land
Company objects to any zone change or State land use border adjustment which would
designate Lot 3 for Industrial uses. While Industrial uses may be appropriate for certain
areas within the Waikoloa Village, the Waikoloa Village Association property is intended
to serve as a buffer for the entire Village and must continue to be used only for Open
Purposes.
Very truly yours,
GOODSILL ANDERSON QUINN & STIFEL
Leighton J. Yuen
LJY:Iay
Enc.
cc: Thos Rohr (w/o Enc.)
County of Hawaii Planning Department (w/Enc.)
928—d 80'd 102-1 0885195808+ NOSHM 11150009—Wuid 9z:81 PO -81 -WEA
'4k
;ORDATION REQUESTED BY:
CER RECORDATION, RETURN TO
.:-'J 4fR Mi ll- Vl. •i wlY� ✓�=�+., �Y .uL
.....
u a 1988..... 39...
...... ..
ML 'Ca
a....... F1 ................ ev
I.SRQ............
,¢ ...._....
—AQR... ---�
SPACE ABOVE THIS LINE
DEED
REGISTRAR'S U5E
THIS DEED made as of the 31st day of December,
1985, by and between TRANSCONTINENTAL DEVELOPMENT CO., a
Texas general partnership authorized to do business in the
state of Hawaii, whose principal place of business and
mailing address is at 1001 Bishop Street, Pauahi Tower,
Suite 2610, Honolulu, Hawaii 96813, hereinafter called the
"Grantor", and WAIFOLOA VILLAGE ASSOCIATION, a Hawaii
nonprofit corporation, whose principal place of business
is at Waikoloa, Hawaii, and whose post office address is
p. O. Box 3008, Waikoloa, Hawaii 96743, hereinafter called
the "Grantee";
In consideration of TEN DOLLARS ($10.00) paid by
Grantee to Grantor, and other valuable consideration,
receipt whereof is hereby acknowledged, the Grantor does
hereby grant, bargain, sell, and convey unto the Grantee,
its successors and assigns, in fee simple, forever, the
real property situate at Waikoloa, Island, county and
528-d 90 d M-1 0895!99808+ N0SUM 11150007 -Wald svgs YO -91 -ger
state of Hawaii, as more particularly described in
Exhibit "A" attached hereto and made a part hereof, and
subject to the encumbrances and reservations set forth in
said Exhibit "A".
TO HAVE AND TO HOLD the same, together with the
rents, issues and profits thereof, the improvements
thereon, and the tenements, rights, easements, privileges
and appurtenances thereunto belonging or appertaining or
held and enjoyed therewith, unto Grantee, its successors
and assigns, forever.
Grantor, for itself and its successors, does
hereby covenant with Grantee that it has good right to
sell •and convey said premises; that the interest of
Grantor is free and clear of all encumbrances made by,
through or under Grantor, except as herein mentioned, and
current real property taxes, if any, which are to be
prorated as of the date of recording of this instrument;
and that it will warrant and defend the same unto Grantee
against the lawful claims and demands of all persons
claiming by, through or under Grantor, except as
aforesaid.
Grantee, for itself and its successors and
assigns, does hereby covenant and agree (for a covenant
running with the land) that the premises hereby conveyed
shall be dedicated, maintained, and used only for Open
2
SZB-d SO d IOi-1 08BSMUS+ NOSNBaNV 1IIS000D-WCJj imi YO -SI -Wer
District purposes as defined and permitted in Chapter 25,
Article 17, as amended, of the Hawaii County code in
effect as of the date hereof and as defined and permitted
in any amendments to such Chapter and Article as may
hereinafter be duly adopted.
IN WITNESS WHEREOF, the Grantor and the Grantee
have caused this instrument to be duly executed as of the
day and year first above written.
TRANSCONTINENTAL DEVELOPMENT CO.,
a Texas General Partnership,
By TRANSCONTINENTAL CORPORATION,
Its Managing General Partner
By:1/i/
Its ASST.
Grantor
WAIKOLOA VILLAGE ASSOCIATION
Grantee
928-d PAO d 102-1 0889109808+ NOSUaNV 111MOU-Mid 1Z:91 00 -91 -Uel
,
19a, before
personally
that he in
IATION, a
_ : Partner of
TRANSCONTINENTAL DEVELOPMENT CO., a Texas general partner-
ship authorized to do business in the State of Hawaii;
that the seal affixed to the foregoing instrument is the
corporate seal of said corporation; that said instrument
vas signed and sealed in behalf of said corporation by
authority of its Board of Directors; and said
acknowledged the instrument to be
the free act and deed of said cgyporation a said Managing
General Partner. /
My comm -fission expires: .2/� /Z�
9Z8 -d 0/i0'd IOZ-i 08891PS800 N0S93ONY 11190009 -mid LZ:91 YO-91"Er
STATE OF HAW II )
COUNTY OF lL SS.
n this a of �2c . , 190 J of a me
appeare k C tS and ia'X -L C
to me pe nall wn, wh eing by me y sworn did say
that they are 1Q R L and 1 -L
respectively of WAIKOI.OA VI GE ASSOCIATION, a Haw i
nonprofit corporation; that the seal affixed to th
foregoing instrument is the corporate seal of said
corporation; that instrument was signs nd sealed in
behalf of said c - ion b authority of s Boa d of
Directors; and sa 4L and _,Q,,,�O�ti
acknowledged said instrument to be the free act 1171dd ed
of said corporation.
Notary public, State T of
My Commission expires: 10 9k
5i8 -d 0/80 d M -i 08891V5808+ NOS430NY IIIWOOD-mi3 W91 V0 -91 -ref
EXHIBIT ,U
PARCELFes:
All of that certain parcel of land situate at
Waikoloa, District of South Kohala, Island and County of
Hawaii, state of Hawaii, being Lot 1, of the "WAIKOLOA
DEVELOPMENT", as shown on file Plan No. 1172, filed in the
Bureau of Conveyances of the State of Hawaii, and
containing an area of 1,154.192 acres, more or lass.
BEING A PORTION OF THE PREMISES DESCRIBED IN DEED
GRANTOR FIRST HAWAIIAN BANK, a Hawaii
corporation, Trustee under
unrecorded Trust Agreement dated
December 12, 1968, between it,
Richard Smart and Boise Cascade
Home 6 Land Corporation, as amended
GRANTEE TRANSCONTINENTAL DEVELOPMENT CO., a
Texas partnership
DATED September 9, 1985
RECORDED Liber 19013 Page 178
in the Office of the Registrar of
Conveyances at Honolulu
page 1 of 37
928-� 59/80 d IN -i 0885299808+
NOSN30NY 111S0000-WOJ� BZ:91 YO-9I-uef
EXC NG AND RESERVING unto 7 .CONTINENTAL
DEVEIAPMENT CO., its successors and assigns forever, a
non-exclusive easement for roadway and utility purposes
over and across Easement V -IA as described below, together
with a right and easement to grade, pave, construct,
maintain, operate, and repair said easement and together
with such rights of way for ingress and egress as shall be
reasonably necessary in connection therewith:
A4EMMT D -1A
i• r• • . � is •y', n •. n , •. • -• •
AT WIRMQk, SOU'.<ii RCHALA, ISLVM OF MVWI, HAWAII
BEING A PCRITCN OF ROYAL PATENT 5671,
LAND CCMIISSION AWARD 8521-B, APANA 1 10 G. D. HUED
BEING ALSO A PCRTION CP LVr 1 CF WAIROLOA DbVE[AO?Nh C (FIM PLAN 1172)
Beginning at
a pipe in ahu at
the Easterly corner of this parcel of land, on
the Westerly side of Waikoloa
Road, being
also the North corner of Lot 5-A of Waikoloa
Ranch Lots, Section A,
the coordinates
of which referred to Government Survey
Triangulation Station 'PW
HINAI" being
1,138.87
feet South and 12,999.43 feet East and
running by azimuths measured
clockwise
from true
South:
1. 500 44'
24"
567.84
feet along Int 5-A of Waikoloa Ranch
Lots, Section A;
thence along Lot 5-A of Waikoloa
Ranch Lots, Section A, on a curve
to the left with a radius of
2,200.00 feet, the chord azimuth
and distance being:
2. 420 29'
17"
631.52
feet, thence;
3. 34" 14'
10"
1,409.69
feet along Int 5-A of Waikoloa Ranch
Lots, Section A;
thence along Lot 5-A of Waikoloa
Ranch Lots, Section A, on a curve
to the right with a radius of
1,800.00 feet, the chord azimuth
and distance being:
4. 41" 00'
33.5'
424.58
feet to a pipe in ahu, thence:
va,ry
2 of 37
RH S4/01 d IOZ-1
088S1V9808+
NOMONY 111SWOO-mJd 8Z:91 VO -91 -Hr
., .. _ .. 9
SZ8-d P/ll d 102-1 OOSSIM800 NOSHONY 11150009-"oad M91 t0 -91 -def
5. 47"
46'
57"
439.15 feet along Lot 4 of Waikoloa Ranch
Iets, Section A (File Plan 1139);
thence along lot 4 of waikoloa
Ranh tots, Section A (File Plan
1139), on a curve to the left wit
a radius of 1,400.00 feet, the
chord azimuth and distance being:
6. 37"
04'
36"
520.15 feet, thence;
7. 26"
22'
15"
202.05 feet along tot 4 of Waikoloa Ranch
Lots, section A (File Plan 1139);
thence along Lot 4 of Waikoloa
Ranch Lots, Section A (File Plan
1139), cin a curve to the right
with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
B. 400
44'
36"
496.45 feet, thence;
9. 55"
06`
57"
246.98 feet along Lot 4 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
thence along lot 4 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the left wit)
a radius of 1,400.00 feet, the
chord azimuth and distance being:
10. 38"
06'
21.5"
819.10 feet, thence;
ll. 21"
05'
46"
1,183.14 feet along Lots 4 and 3 of Waikoloa
Ranch rots, Section A (File Plan
1139);
thence along Lot 3 of Waikoloa
Ranch Lets, Section A (File Plan
1139), on a curve to the right
with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
12. 37"
06'
47"
551.84 feet, thence;
13, 53"
07'
48"
650.00 feet along Let 3 0£ Waikoloa Ranch
Lets, Section A (File Plan 1139);
thence along Let 3 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the left wit
a radius of 1,400.00 feet, the
chord azimuth and distance being.
., .. _ .. 9
SZ8-d P/ll d 102-1 OOSSIM800 NOSHONY 11150009-"oad M91 t0 -91 -def
14. 44" 10' _d.5" 435.85 feet,
15. 35" 13' 11" 2,010.09 feet along tot 3 of Waikoloa Ranch
Lots, Section A (File Plan 1139)
to a pipe in ahu;
thence along remainder of tot 1 0
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
Page 4 of 37
928-4 99/21 d 102-1 08892Y590P NOSSMY 11IS0000-mold 82;81 40 -91 -ger
then along Lot 2 of Waikoloa
Ranch tats, Section A (File Plan
1139), on a curve to the right
with a radius of 1,300.00 feet,
the chord azimuth and distance
being:
16. 52°
52'
17.5"
768.40
feet, thence;
17. 70"
31'
24"
869.77
feet along tat 2 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
then along Lot 2 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the right
with a radius of 1,300.00 feet,
the chord azimuth and distance
being:
18, 74"
52'
02.5"
196.94
feet, thence;
19. 79"
12'
41"
361.80
feet along Lot 2 of Waikoloo Ranch
•
Lots, Section A (File Plan 1139) ;
thence along Lot 2 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the left with
a radius of 1,400.00 feet, the
chord azimuth and distance being:
20. 73"
29'
28"
279.08
feet# thence;
21. 67"
46'
15"
3,243.05
feet along tats 2 and 1 of Waikoloa
Ranch cots, Section A (File Plan
1139) to a pipe in ahu;
22. 1576
46'
15"
80.00
feet along Government rand of
Puuanahulu;
23. 2470
46'
15"
3,243.05
feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of tot 1 0
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
Page 4 of 37
928-4 99/21 d 102-1 08892Y590P NOSSMY 11IS0000-mold 82;81 40 -91 -ger
'24'. 253°
29'
295:03 feet, t a;
25. 2590
12'
41"
361.80 feet along remainder of Int 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of tot 1 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 1,220.00 feet, the
chord azimuth and distance being;
26. 2540
52'
02.5`
184.62 feet, thence;
27. 250"
31'
24"
869.77 feet along remainder of int 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 1,220.00 feet, the
chord azimuth and distance being:
28. 2320
52'
17.5"
739.89 feet, thence;
29. 215*
13
11"
2,010.09 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
waikoloe Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being
30. 224*
10'
29.5"
460.76 feet, thence.
31. 2330
07'
48"
650.00 feet along
ikkoloamDevveelopment (FilefPlan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1272)r on a curve to the left witt
a radius of 920.00 feet, the chor4
azimuth and distance being:
32. 217°
06'
47"
507.70 feet, thence;
Page 5 of 37
928-d SMI d IOi-1 088S1VS808+ NOSHONY 11150007-m0Jd w 91 VO-9l-uer
0
33. 201"
05'
46"
1,183.14
feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloe Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
34. 218°
06'
21.5"
865.91
feet, thence;
35. 2359
06'
57"
246.98
feet along remainder of lot 1 of
Waikoloa Development (File Plan
3172);
the.;oe along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), an a curve to the left with
a radius of 920.00 feet, the chord
azimuth and distance being:
36. 220"
44'
36"
456.73
feet, thence;
37. 206°
22'.
15"
202.05
feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,48O.OD feet,
the chord azimuth and distance
being:
38. 2170
04'
36"
549.87
feet, thence;
39. 227°
46'
57"
439.15
feet along remainder of Int 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikolce Development (File Plan
1172), an a curve to the left with
a radius of 1,720.00 feet, the
chord azimuth and distance being:
40. 2210 00'
S28 -d SWI d 102-1
33.5" 405.71 feet, thence;
VAno F, of 37
08852Y9808+ NO9a30NY 11190007-wajd
w 91 40-91-m
remainder of
41. 214° 14' 10" 1.109.69 feet waikloa Development�f
(FilePlan
2172) ;
thence along remainder of Lo: 1
Waikoloa Developte t (Pile Pla-"
1272)i on a curve to the right
with a radius of 2,290.00 feet,
the chord azituth and distaice
being:
42. 222° 29' 17" 654.49 feet, thence;
43. 230° 44' 24" 599.7D feet along remainder of Lot 1 of
Waikoloa Developwnt (rile Pla-%
1172);
44. 3426 27' 26" 66.11 feet along the Westerly side of
Waikoioa fted to the point of
beginning and containing an area
of 30.077 Aores.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors and
assigns, all rights to underground water under or
appurtenant to the granted premises, together with the
right to enter upon the granted premises to drill for and
remove said water from the granted premises, with the
right to assign and transfer said rights to the State of
Hawaii, County of Hawaii, Department of Water Supply or
any public or private utility or other corporation.
Page 7 of 37
s28 -d 94/91 d 102-1 0889105808+
NOSHM 1IIMOOD-wojd 08:91 00-91-Uef
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the state of Hawaii of
All mineral and metallic mines.
2. Vestment `0-1' (20 fest old*, area 6-S95 acres)
for otiilty purposes, as shown on File Plan 10.
1172.
3. Grant in favor of Yailoloa Yater Co., lac..
bated December 20, 1976, recorded 10 Liner
13372 at Face Bill, as amended by instrument 'date! February
a, 1981, reeOr3e1 In liber 1549S at Page 103; granting a
perpetual mohex:lusive easement for water lines aa: eater
service tohnected with Its operation am a water public
stility, etce, over and across said Vasement 'C-1-.
4. Vasesent 'E-1' 475 feet wide) for eleetrieel
mad telephone purposes, as shown et File Flail
bo. 1172.
5 „ Crant In favor of Hawaii Tlectric light
Company, Inc., dated October 6, 19E0, retort e.,
in Liber 15112 at Page 2661 granting perpetual rights and
esseatats to construct, reconstruct, repair, maintain and
operate pole mad wire lines and/or anderoz*uDd linea♦ etc.,
over, ondere upon, across and through Lasesebt eL-T-1D'
ever Lot 1 and tasessut *E -T-1' over Lot 1 a ad lot 2 of
File Plan 1172, and being more particularly described in as
follows$
(a) 311 of that certain parcel of land
(portion of the imhd described in and
covered by 9oye1 Fateat lumber 5671, land COmR:sslon Award
lumber 6521-P., Awns 1 to U�. D. Koen) situsti, lyi$.i or.!
beim at liaiaaloa, District cf South Kobel&, 2216nd an:
Page S of 37
528-d 90/91 d 102-1 08891V9808+ NOSHaNV I11SOOOD-Woad 18 91 VO-91-uer
-County of Hawaii, state Of Nar&11, ►•ia2 tlsf�ENT •t -7-1D'
(3.00 teat yids) for toy and anchor Purposes, sagobeing a
portion of Lot 1 of the •NAINOLDA D9VFL0PDt32-0 Fil• Plan
1172, and thus beundsd end describeds
be21oniog at the South corner of this 168•8ent,
the ceordiaatss of which T•ferred to Cor•ras•Lt 5urwo.J
Trisbuclation Station •Poe NI/n2- being 3410.67 feet South
Sal 1110"".76 fast test and running by jsisoth► measured
Cl�ckwlas from true S•wtbl
1. 121• 36' 260 3.00 feet 61052 reaslnder of Lot 1
of VOikcla■ D0ws2op6snt, File
Plan 11721
2. 214- 36• 30.36 feat gleno remainder of Lot 1
of Yaikoloa DeVelCCaeLt, File
Plan 1172s
3. 7040 is, 3.D0 feet 61052 remainder of Lot t
of Nalaol*a Dswelepsent, Tile
Pl&5 11121
6. 341 36' 30.22 fast SIDD3 resalhder of Lot 1
of waikolos Dewelorsent, File
Pian 1172 to the pcint of
bsginaing and containing an
area of 21 *gust* fast.
(L) All of that certain Parent of laaj
(portion of the land described in end
-oeere: by ROY&1 Patent lubber $571, Land Cemaission Award
Nusber 6521-8, ADana 1 to t. D. Nusu) situate, lying and
being at Yaikoloa, District of South Roballa IalaaJ mbi
reaaty of Rawaii. State of Hawaii, being EAS UM 't-7-1'
475.70 feet ride), some being portions of Lots 1 ani 2 of
the OVA19OLOA DEVELOPMENT', File Plan 1172, and thus
Loandei Said dereribeds
P$91041ng at the Southeast corner of this
•&$stent at the Southeasterly boundary of Lot 1 of Naikolos
DeesloPment, Tile Plan 1172, the eoorSinates of which
referre: to Cowernsent Survey 7rian2ulation Station -POL'
RINAI- being 3,465.93 feet South and 11,039.26 feet tart
ani ruaaia0 by ezinuths measured clockwise irce true South:
Page 9 of 37
5Z8 -d SWI d IOZ-1 0885195808+
NOUNNN 11150009-a01d 19:91 )0-91"Er
1. 121' 39' 26'
$.900.04 feet 61030 the remel4ders o:
Lots 1 and 2 of Valkolos
Dev6lop4e11t, file Plan 11721
2. 41• 52' 20'
0,741,87 feat aian9 the remainder of
Lot 2 of 9alkolo4
Davllopa4nL, file Plaa 11721
3. .15D' 49• 270
1,131.56 feet along the remainder of
Lot 2 of Valkeloa
Development, file Plat 1172;
4. 139' 1d' 59'
790.77 feet along the remainder of
Lot 2 of Vaikolos
Developsaat, file Plan 11721
S. 1060 13' S4'
715.82 feet along the temalnfier of
Lot 2 of Vaikolca
Development, file Pisa 1172;
S. 1350 S• 560
1,063.06 feet along the remalnder of
Lot 2 of Vsikelea
Development, Flle Plat 1172;
7. 159• 360 230
3,475.05 feet along the remainder of
Lot 2 of Vaikolca
Devalovaent, file Flan 1172;
1. 199' 3' S.
692.2: fret along the remainder of
Lot 2 of Vaikolca
Development, file Plan 4172;
9. 295* 3' 9'
75.00 feet along the resaloder of
Lot 2 of Yalkolcs
Deveiopaant, file Plan 1172;
10, 190 3' 9'
565.36 feet along the tesalader of
Lot 2 of Vatkoloe
Development, file Plan 1172;
11. 33E' 360 23'
30432.58 feet along the remainder of
Lot 2 of Vatkoloa
Development, file Plan 1172;
12, 315' S' SS'
1,029,11 feet along the reaaloder of
Lot 2 of 'Jalkeles
.Devrlo.veat, file Plan 1172;
Page 10 of 37
SZ8-d St/Old 102-1 088Sl;9808+ NOSHaNY IIISWOO-Wold 1911 Y0-91-uer
13. 2d6* 13' S%-
718.07 feet along the rescinder of
Lot 2 of Nalkoloa
Develogaeot, File Plan 1172
14. 311* 16' 59-
620.55 'feet along the reeainder of
Lot 2 of 11al k oloa
DeteloPeent, File Plan 1172;
15. 3300 480 27-
1,103,26 feet along the teealnder of
Lot 2 of Vaikeloa
DeveloPaeat, File Plan 1172;
16, 271* 52' 29-
4,720.44 feet along the reaaineer of
Lot 2 of Yaik'oloa
Dev61o9000t, File Plan 1172;
17. 301' 38' 260
5,923.55 feet along the totaioders of
Lots 2 and 1 of Vaikaloa
De*elorsent, File Plan 1172;
1°, 314* 26 320
12.24 feet along the reaa:nior of
Lot 1 of Vaikoloe
Developoant, File Plan 1172,
:hence along Lot 5 of
Yaikz%los Beach Lots, Sectiot
A, File Plan 1139, on a
10
curve to the rivet with a
radius of 1,00c.ov fiat, the
chord arieuth and distance
being:
19. 47* 3' S6-
45.05 feet;
29. 47* 46' 57-
39.05 feet eloog Lot 4 of Paikoloa
Ranch Lots, Section k, File
Plan 1139, to the Point of
peg;nnin7 and containing an
area o. 31.799 acrex.
6. Grant in favor
of Waikoloa Water Co., Inc., dated " Cr
til b&- 31 , 1985
, recorded in Liber Q(44-7 at Page
'713 , granting an
easement for roadway and uti ity
purposes over and across
Easement U -1A as more particularly
described therein.
Page 11 of 37
RH 9V/81 4 102-1 08891,9808+ NOS43ONY 111SW00-WOJd 2e:91 VO-91"Er
F91944%4 . .
All of those certain parcels of land situate at
Waikoloa, District of South Rohala, Island and county of
Hawaii, State of Hawaii, being Lots 3-A and 3-3,
containing an area of approximately 1957_631 acres,
described as follows:
Ur 3-►
LAND 514[A= CN ME SO MIMSTEFLY SIZE CF MU*CUM IM
AT M XKMCA, SCUM YJ"ZA, 7SIAND CF MMF411, RMOL11
BEING A P=ZCN CF 3MAL PAT,'t7P 5671. 1AND CI?MWZCK AS*= 8521-8,
APANA I TO G. D. N=
BEING A150 A PORTICN cF L= 3 CF i jKcLCA mvEi. pMM
(F7I.E PIAN 1172)
8e91ming at the West corner of this parcel of lard, on the Southeasterly side
of Waikolce Reed, the 000rdiretes of which referred to Government Survey Triangulatia:
Station 'M NMI' being 2,833.86 feet North and 12,283.36 feet West and running by
azimuths speasured clockwise fran true South:
Along the Southeasterly side of
Waikoloe Road, an a curve to the
left with a radius of 1,590.00
feet, the chord azimuth and
distance being:
b.n. 17 of 71
NN 5P/02 d IOZ-1 08851,5808+ NOSHONV 11ISOOOO-Woad w 91 n0 -91-m
1. 233•
03*
05.91
338.91
feet, thence;
2. 226•
56'
01.
2,826.60
feet along the Southeasterly side of
Waikoloa Roads
thence along the Southeasterly side
of "aikoloa road, en a curve to the
left with a radius of 1,590.00
feet, the chord azimuth and
distance being:
3. 2206
59'
47.50
328.93
feet, thence;
4. 215•
03'
348
1,377.03
feet along the Southeasterly side of
Waikoloa Roads
thence along the Southeasterly side
of Waikoloa road, on a curve to the
right with a radius of 910.00 feet,
the chord azimuth and distance
being:
S. 2260
48,
04.5"
370.37
feet, thence;
6. 2389
32*
359
571.70
feet along
nithe Southeasterly side of
thence along the Southeasterly side
of Waikolce road, an a curve to the
left with a radius of 1,090.00
feet, the chord azimuth and
distance being:
1. 226• 30' 15.5" 454.69 feet* thence;
8. Zde 271 56' 206.34 feet along the Southeasterly side of
Waikoloe Road;
thence along the Southeasterly side
of Waikolce read, on a curve to the
right with a radius of 1,630.00
feet, the chord azimuth and
distance being:
9. 227• 02' 560 710.22 feet to a pipe, thence;
10. 3299 37* 56 62.75 feet along remainder of Lot 3 of
Waikolea Development (File Plan
1172) to a pipe;
U. 289 00* 3,157,83 feet along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to a pipe;
928-d 99/12 d 102-1 0889199808+ N0UNNV 11150009-UOJd 08;91 va-91-uer
12.
2980
00
3,603.06
feet
along remainder of Lot 3 of
Waikoloa Dewlcpmnt (File Plan
1172) to a pipe]
13.
208°
004
3,000.00
feet
along remainder of Lot 3 of
Waikoloa Develcpnent Crile Plan
1172) to a pipe;
14.
3300
55'
16'
3,143.20
feet
along lot 2-8 of Waikoloa
Develcpnent;
15.
16'
43'
02•
3,059.30
feet
along Lot 2-8 of Waikoloa
Development;
16.
3040
52'
31'
2,011.22
feet
along Lot 2-0 of Waikoloa
Develcpoent;
17.
340°
021
36'
3,691.68
feet
along Lot 2-8 of Waikoloe
Development;
18.
3490
45'
51'
5,135.19
feet
along Lot 1 of Waiko2ca Development
(File Plan 1172) to a pipe in
concrete marked 'W F-5";
19.
1400
39'
05'
5,544.00
feet
along Government Land of Puuanahulu
to a spike in 0_6 " cut in pahoehoe
marked 'Kapukaiki';
20.
103'
43'
46.6"
5,360.26
feet
along Government Land of Vuuanahulu
to a pipe in concrete marked
'W -P-7';
21. 1930
43'
45•
3,698.92 feet along Lot 3-8 of Waikoica Parcel 4
Subdivision No. 2 to a pipe in
Concrete marked 'W-10;
22.
122•
22'
5,697.24
feet along Lot 3-8 of Waikolcaa Parcel 4
SUbdivisicn No. 2 to the point of
beginning and containing an area of
1669.742 acres.
pace IA of 'a't
N08830Ntl 11180007-eejj W91 VO-91-ucf
5i6-4 5V18Z d 108-i 0885iV5808+
LCR' 3-8
LAND SM ATM RN TM SOLMAS7MY SIL£ OF WZxCLM XAD
AT iiY+7KM( A, SM?M IIBALA, ISSAM CF WMrJ, i¢ R11
BEIM A PORTION OF ROTAL PATMT $671, LAM COMaSSION AM= 0521-8,
APANK 1 TO G. D. WiMU
BEIM ALSO A PORTION CF LOT 3 CF VAIROLCA DfiUF XPMEM
(FILE PIM 1172)
Beginning at a pipe at the North corner of this parcel of land, on the
Southey sterly'side of Waikolco Road, beim, also the west corner of Lot 5 of Waikolce W.
1.5, Unit 1 (Tile Plan 13781, the coordinates of which referred to Government Survey
Triangulatian Statim "FW SIMI" being 7,911.61 feet North and 7,129.75 feet West and
running by Azimuths measured clockwise fron true South:
Along Lot 5 of Waikoloa PM 1.5,
Unit 1, (File Plan 1378), on a
curve to the left with a radius of
4,400.00 feet, the chord azimuth
anti distance being.-
1.
eing:1. 3000 Is$ 15" 424.47 feet to a pipe, thence; -
Z. 297" 32' 22" 1,925.65 feet almg Lot 5 of Waikolce W4, 1.5,
Unit I (File Plan 1378) to a pipe;
thence along Lot 5 of Waikoloa RM
1.5, Unit 1, (File Plan 1378), on b
curve to the right with a radius of
2,900.00 feet, the chord azimuth
and distance being:
3. 3100 19, 05.5" 1,282.88 feet to a pipe, thence;
*. 26e Oct 3,000.00 feet alrng remainder of Lot 3 of
Waikcloa Develogaent (file Plan
1172) to a pipe;
paaP 7 5 , s
9z6 -i PAZ d [OZ -1
08E51P980E+ N05830NY 11IS0007-a0/d EE�9l PO-91-ue�
5.
118"
00'
3,603.06
feet along remainder of Lot 3 of
Waikoloa Devel gment (File Plan
1172) to a pipe:
J.
20S*
00'
3,157.83
feet along remainder of Lot 3 of
Waikoloe Development (File Plan
1172) to a pipe;
7.
1499
37' 56"
62.75
feet along remainder of Lot 3 of
waikoloa Developmht (File Plan
1172) to a pipe;
thence along the Southeasterly w
of Waikoloa Road, on a curve to I
right with a radius of 1,630.00
feet, the chore azimuth and
distance being:
S.
2400
00' 06"
21.02
feet to a pipe, thence;
9.
2400
22' 16"
76.98
feet along the Southeasterly side of
1.Waikolos Road to the point of
beginning and containing an area
267.889 acres.
pace 16 of 11
90-94-�ef
S26 -i 002 d ION
OBBSlY5EOE+ NOS830Ntl 1�IS0000-�0�d nE�9l
EXCEPTING AND RESERVING unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
access road purposes over and across Easement R-1
as shown on File Plan No. 1372, together with a
right and easement to grade, pave, construct,
maintain, operate, and repair said easement and
together with such rights of way for ingress and
egress as shall be reasonably necessary in
connection therewith.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
roadway and utility purposes over and across
Easement R -1-A as described below, together with
a right and easement to grade, pave, construct,
maintain, operate, and repair said easement and
together with such rights of way for ingress and
egress as shall be reasonably necessary in
connection therewith:
ENSEMN. R-1 A
(50.00 FEET NIDE)
LAND ST0"WED AT MIRM-0h, SOLM XORALA, ISLAND CF RAWAII, RAWAtI
BEING A PCRTICt7 OF FOYAL PATENT 5671,
LAND 0>tUSSION AWARD 8521-e, APANA 1 TO G. D. M=
BEING ALSO A PORTICN CF LCT 3 OF WAIROIAA DEVELOPMMV
(FILE PUN un)
928-d SME d 102-1 08$91Y9808+ NOSHONY 7150009-w0rd 98 81 90-01-nr
Beginning at a spike in triangle cut in pahoehoe marked "Rapukaiki" At the
Southeast corner of this parcel of land an the boundary line betumen the lends of South
rohala and
North Kona, the coordinates
of which
referred to Goverment Survey
Triangulation Station •PW Rnikl• being
S,D86.26
feet South and 3,122.59 feet West and
ring by
azimuths measured clockwise
fran true
South;
1. 1030
43' 46.6'
50.00
feet along Government Land of
Puuanahulu;
2. 1930
43' 46.6"
1002.61
feet along remainder of Lot 3 of
46.6•
50.27
feet
Waikoloa Developnent (File Plan
1172) ; .
3.
1990
41'
S1•
600.65
feet
along remainder of Lot 3 of
Waikoloa Development (rile Plan
1172);
4.
2830
43'
46.6•
50.27
feet
along remainder of Lot 3 of
Waikoloa Development, along the
Southerly end of Easement R-1
(rile plan 1172);
5.
196
41'
51'
603.27
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172),
6.
130
43'
46.6'
1,000.00
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to the point of beginning
and containing an area of 1.840
acres.
Page 18 of 37
928—d 99/9Z d IOZ-1 0889199808+ NOSOM 1IIUM—W01d w u 90—c—ger
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, A non-exclusive easement for
solid waste disposal purposes affecting
Easement R -2-A as described below:
It -2-A
IAND smATED AT WAIKOL m, SWM K01ATA, ISLAND OF MAUI, MUTAII
BEING A PORMN OF iOYAL. PANT: 5671,
WM MISSION MOM 8521-B, APA"A 1 4p G. D. a=
BEING ALSO A PORI ON OF 1407 3 OF WAIXCWA DEVE,LOPMEC
(FILE PLAN 1172)
Beginning at the Southeast corner of this parcel of land, the direct azimuth
and distance from a spike in triangle out in pahoehoe narked "Kapukaiki" being 193. 43'
46.6" 600.00 feet and running by azimuths measured clockwise from true South:
1. 103" 43' 46.6" 1,000.00 feet along remainder of Lot 3 of
Waikoloa Developnent (File Plan
1172) ;
2.
1436
43'
46.6"
1,600.00
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172):
3.
2830
43'
46.6"
1,125.45
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172):
4.
19"
41'
51"
1,206.54
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172):
S.
13"
43'
46.6"
400.00
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to the point of beginning
and containing an area of 38.459
acres.
BZB-d 9MZ d 10Z-1 0889179808+ MUM IIIS0000-011 W91 90 -91 -ger
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVEL40PMENT CO., its successors
and assigns, all rights to underground water
under or appurtenant to the granted premises,
together with the right to enter upon the granted
premises to drill for and remove said water from
the granted premises, with the right to assign
and transfer said rights to the State of Hawaii,
County of Hawaii, Department of Water Supply or
any public or private utility or other
corporation.
SUBJECT, HOWEVER, to the followings
I.
Reservation in
favor of the State of Hawaii of
all mineral and metallic
mines.
2.
tesesent eR-2'
(area 37.163
straw) for solid
vert• dlsPasel
PutDosea,
as shavr, Or. file Plsr.
PD. 1172.
3,
Laseaent `9-1'
(SD feet
vide) for •eters roes
porpzses, as shorn
en rile
Plan /e. 1172*
d,
raseeent 1E-2'
(7S feet
vide) for electrical
an! telephone
purposes,
as shown at Fila Plan
go. 1172.
S,
rasosent 'E-7'
(75 fort
vide) for electrical
and telephone
purposes,
as •horn at File Plar.
we. 1172.
6. Craet In favor of $&wail Electric light
Company, loc., dates April 27, 1976, racorded
It khat 11.11 at Pale 1353 arsetlna a ve:petoel right and
emsesent to construct, reconstruct, operate, saintmla and
repair pole ■n1 vire lines, etc., for the trarsalesion cad
distribution of electricity over, oro», •creat end through
Easement 090 iffsctlni lots 3 ori 2 of the 'Y)1 M01
Oi1E1CPLEN" , File Plan 1172• and bale; act• {articolarli
as follows:
All of that eertaig parcel of lar.; (Pcrtion of
t9e Sent Cascribel in and cover.! by AoTml Patent fuebcr
5571, Lent Coseieeior. Award Nuaber •521-P, AFeha 1 to G. D.
Yueu) altuate, lyin; and being at gaiiolos, District of
Seat!% Kohsle, Iale>> end County of Nsys11, state of Novell,
baiag cA_ENreT '9', gaze being a iortion of let& 2 and A oe
t1e 'YAIrDIDA DrYrL0F!Z1T0, File Plan 1171, and des:rlbed
as Sollovst
926-d SY/92 d 102-1 Oeesl0sees+ NOSHONY 11150000-w0Jd 9e:e1 to-91-nr
■eine a strir of land one hundred (100.00 feet
0`176 ani ertenlino rift! (SD.DD) feet on either ride of the
tollow1b4 describel co3terlinas
beginning on the centerline, at -the south thl
Of this easesent, oz the North boubdarF of the Covvr&aent
Lara of Pucanshulu, the coordinates of said Print of
be9lhnlmg referred to :overbaeht Survey Stlangulation
Statiot -FUD HIM" bei09 30621.70 foot SomtL and 6,298.40
feet Vast, 4al ruhrih? by as ssisuth measured eloctsise
frDs true Sootbs
1. 21Da 27, 11,S35.'1 feet along'remait:dars of
Late 2 and V of the
-V6110196 Development'
(File Pian 11.72) to
rssesont 2-1 of the
ovaikoloa bovelotspbt-
(File Plea 1172) mai
cohtalning at area of
26.663 acres,
7. Crest in favor of waitolos Yater Ce., Ise.,
detod Doceabe: 20, 1976, recorlad in Liber
13174 at Page 4e1, ■e wended by itetruaent date February
a, 1961, recorded in Liber 15091, at Page 1.7)s creating
perpetsel monewrloslee aosesents for eater lines sal eater
service connected with its operation as a eater public
atility, ate., over and &crops rasesent -V2-A- affecting
Lot 3 and being more particularly d*scribel as follows$
All of that certain parcel of land (portion of
the land described in and eovere! by Aoyel Patfzt somber
5611, tst4 comsissiot Awa:1 lusb*z e521-9, Atone 1 to c. D.
Vireo) altoete, 2rin7 azd beano on the Southerly bomndery o:
wtikoloo Fr 1.5, Unit 1 (File Plan 1379) at U&ikolea,
District of Soutr Kohala, I63606 and CO2DtF of Mawail,
State of hava11, being EAS.tCVT-L'-2A- fon votez purposes,
sate being a portion of Lot 3 of the -YAM LOA
Dr►rL:IF6rFi0, File Plan 1172, and thus bouad6d snd
describods
9ZH 0/6Z d [OZ -1 0889ir9808� MUMllIS0007-eoaj 98°91 r0-81-uef
'spinning at the Northeast corner of this
fate&att, on the Southerly boundary of Lot S at Vaiko los R„
"It 1, Pile elan 1370, the eoord'_asteS of ehieh
referred to Govetnmeat Survey 7ri6ngulatloo Station s PUD
Nl1k10 being 7,OD2.4S feet North and 5,430.69 feet Vast and
ronoing by ■zisgths wessurel clockwise fro& trot Soot ht
1. 270 32' 220 197.00 Sect .long rtsal&der of Lot 3
of Vaikolo■ Develorasat. File
Plan 11721
2. 297' 32 220
100.00
flat along
rot a.4nder of
Lot 3
Of WalkOlos Davelorstnt,
File
Plan 11723
3. 21• 32' 22"
25D.00
feet along
remainder of
Lot 3
of Vaikoloa
Development,
File
Plan 11721
A. 1`170 32' 220
250.00
feet along
rseainder of
Lot 3
O! Vaikoloa
Dsvelcpaent,
File
Plan 11723
S. 2070 32' 220
250.00
feet along
ramsInder of
Lot 3
of Vaikoloa
Davelopsent,
File
plan 11723
6. 297' 32' 22'
100.00
feet along
rs&alhder of
Lot 3
of Vaikoloa
Develcpser.t,
File
Plan `11723
7. 207' 32' 22" 197.00 feet along reasitder of Lot 3
of Vaikoloa Davelorseot, File
Plat 1172$
1. 2570 32' 22" 50.00 fast along Lot 5 of Vaikoloa
" 1.5, Unit 1, File Plan 1371,
tc the point of 1•e-ginnio; ac4
eontsinica an area of 1.661
asrts.
S. Grant of easement in favor of Hawaiian Telephone Company,
dated October 25, 1976, recorded in Liber 13402, at Page 662;
granting an easement over and across Easement "RS -1" for radio
station purposes, Easement "A-1" for access purposes, and
Easement "T-1" for telephone overhead line purposes, as more
particularly described in said grant.
Pane 22 of 37
928-i 99/08 d 102-1 08891V9808+ NOSUM 11150007-W01d WE Y0 -91-"r
9• Grant in favor of 1!ava11 Electric light
:o•PanJ, Inc., peted August 16, 7D7B, reeordat
In Liber 13956 at Pape 691; g:aatlag a perpetual
aonesrlurive right ani esseaent of arcess, and for electric
stilltT Cg. -poses over Easement 'L'-!`, contaie1s9 at ate& of
11.272 acres, affecting Lot 3, besides other fans, and
being acre Pertltulerly descrlbel therein.
10. Crant in favor of Farab Electric L10ht
company, Inc. an: Hawaiian .tl.ephene Goat&:J.
setts XOTW%er 3, 1940, recorded in Liber 15 357 at Page
193s Creating the right in the nature of a ver;etual
monescluslve ot111tT seseee."t to build, construct,
re_or.struct, rebUlld, repair, aaintelt, operate and ase
Dole and vire lines, guys, anchors, etc., oPot, arrosc,
th:oagh and cve'r EgSfeeat 'T -1-A" (10.00 feet ride) for
overhtad line purposes affecting Lot 3 of file Plat 1172
ani Lot 5 of File Plan 1376 ani belag Sore Darticuiarly
2escrlbed as follovat
EASEsSNT 'T -1-A' for overhead Ilat turpoaes,
ten (10.00) feet vise, SStaated on the Southwesterly aide
of Pon Bella 3oad at 161koloa, District of Sotth Kohals,
Islet's end County of Newell* State of Revell, being
portloas of Lot S of the 0 WIDLOA As 1.S, Unit 1w, !rile
Plan 1376, and Lot 3 of the `VAIKOLOA DMLOPEMO , 1'11e
Pleb 1172, and *standing fire (5.00) feet on each side of
the folloviao described centerline:
Beginning at the •ortherly end of this easeser.t
on the Southwesterly side of Pou Lelia Bons, the true
62180th and dlstanct from the Northwesterly ecraer of Lot u
Of 'iAIKOLOA BE 1,5, DMIT le (File Plan 137B) btlag 1t'6`
03' 36' 35.60 feet and ronnlao by azimuths measures
eloeawise from trot Sooths
1.
26'
52' SO'
2.
111•
30'
3.
2t' •
50'
a.
1D90
10'
S.
In,
0o'
G.
30 •
10'
916-d SME "d 101-1 09;9lV5809t
7D9.76 Teets
162.50 feet$
266.67 feet;
301.00 feet;
261.0n feet;
976.0( feet;
NOS43ONY 111=09 -void H:91 ;0-91-vef
wvr-r .v r vu ..v cc.cv.
'RS-t'raot�contslninp an
ares of 47,271 spoars test.
11. Grant of easement in Favor of Hawaii Electric Light
Company, Inc. dated Qi5 n4 l�ePev,,( 31 , 1985 recorded in
Liber ,R1 at Page &87 , granting a perpetual nonexclusive
easement for electrical utility purposes over and across
Easement E-7 as shown on File Plan No. 1172.
9Z8 -d 59/N d M-1 0885145808+ NOUNNV 111S0000-WO)l x 91 40-91-m
7.
24'
306
254.03
foots
s.
35),
25'
263.00
foots
9.
3W
30'
1.210.00
wets
10. 2W a0• 301.00 feet to the vest aoc%S,,, of
1da:io Station Eesearat
'AS -1' ea: coottlaing an
area of 67,271 satare feet.
11. Grant of easement in favor of Hawaii Electric Light
Company, Inc. dated as pf 3'eOe4,-nbcr 31 , 1985 recorded in
Liber ;Z1 at Page L8 , granting a perpetual nonexclusive
easement for electrical utility purposes over and across
Easement E-7 as shown on File Plan No. 1172.
9Z9 -d 9➢/Z8 d ZOZ-i 6689iY9808+ NOS830NY 11150000-WOJd w 9l YO-91-oer
PARCEL THIRD:
All of that certain parcel of land situate at
Waikoloa, District of South Kohala, Island and County of
Hawaii, State Of Hawaii, being Lot 5 of the «WAIKOLOA
DEVELOPMENT", as shown on File Plan No. 1172, filed in the
Bureau of Conveyances of the State of Hawaii, and
containing an area of 4907.894 acres, more or less.
BEING A PORTION OF THE PREMISES DESCRIBED IN DEED
GRANTOR FIRST HAWATIAN BANK,'a Hawaii
corporation, Trustee under
unrecorded Trust Agreement Bated
December 12, 1968, between it,
Richard Smart and Boise Cascade
Home 6 Land Corporation, as amended
GRANTEE TRANSCONTINENTAL DEVELOPMENT CO., a
Texas partnership
DATED September 9, 1985
RECORDED Liber 19013 Page 178
in the Office of the Registrar of
Conveyances at Honolulu
528-d P/88'd Z02-1 08891V5808+ NOS830Ntl 11154009-wo d IY 91 YO -9l -ref
EXCEPTING AND RESERVING unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
roadway and utility purposes over and across
Easements C, E and F as described below, together
with a right and easement to grade, pave,
construct, maintain, operate, and repair said
easements and together with such rights of way
for ingress and egress as shall be reasonably
necessary in connection therewith:
1 s�
(80.00 NEM WIDE)
FUR RMDPAY AND U77LM PUWR OSfiS
LOT 1 W KUXCU)A RAMM 1=5, SWMCN C (FILE PIAN 1280)
AND Wr 10 CF WAIXOMN RANCH LMS, SECTION B (FILE PIAN 1139)
AT AL4 YCLOA, SOUM KGRAIA, ISLAM Cr MOL11, HMOJI
BEING A PC7Ft ON CF ROYAL PAZ= 5671,
LANG CXTMISSION A1OM 8521-8, APANA 1 TO G. D. HUED
BEING ALSO A PCR77CN CF IL7r 5 Cr VWXOLOA tEVE *'1, r (FILE PLAN 1172)
Beginning at a pipe in ahu at the Northeast corner of this parcel of land,
being also the Northeasterly corner of Lot 5 of waikoloa Development (File Plan 1172)
and the Northwesterly corner of Lot 10 of Waikoloa Ranch Lots, Section B (File Plan
1139), the coordinates of which referred to Guvernmant Survey Triangulation Station •PUC
Page 26 of 37
526-1 SWE d NZ -1 08851V580P NOWONY 111S000D-V0Jd W91 V0-91-eer
$imi" being 13,906.56 feet North and 18,148.46 feet East and running by azimuths
measured clockwise from true South:
1.
170
2. se
3. 18"
12'
26'
41'
4. 28" `J7'
S. 20" 54'
6. 12" 52'
7. 26" 16'
B. 39° 40'
Along Lot 10 Of Waikoloa Ranch
Lots, Section 8 (File Plan 1139),
on a curve to the left with a
radius of 10400.00 feet, the chord
azimuth and distance being.-
2o"
eing:20" 426.91 feet, thence;
08" 654.16 feet along Lot 10 of Waikoloa Ranch
Lots, Section 8 (File Plan 1139);
thence along Lot 10 of Waikoloa
Ranch Lots, Section R (File Plan
1139), an a curve to the right
with a radius of 1,000.00 feet,
the chord azimut5 and distance
being:
43" 356.22 feet, thence;
Is" 1,146.41 feet along Lot 10 of Waikoloa Ranch
Lots, Section 8 (File Plan 1139);
thence along Lot 10 of Waikoloa
Ranch Lots, Section 8 (File Plan
1139), on a curve to the left witt
a radius of 1,400.00 feet, the
chord azimuth and distance being:
50.5" 391.67 feet, thence;
23" 1,056.24 feet along Loi 10 of Waikolon Ranch
Lets, Section 8 (File Plan 1139)
to a pipe in ahu;
thence along Lot 1 of Waikoloa
Ranch Lots, Section C (File Plan
1280), on a curve to the right
with a radius of,1,000.00 feet,
the chord azimuth and distance
being:
28.5" 463.55 feet, thence;
34" 308.87 feet along Lot 1 of Waikoloa Ranch
Lots, Section C (File Plan 1280);
528-d 9V/98 d ZU-1 08991V8800 NOUNNY 11150007 -Wad w 91 VO -91-w
C
9. 104° 58' 48" 87.56 feet along Lot 6 of Waikoloa
DeveloPMent (File Plan 1172);
thence along remainder of Lot 5
Waikolce DevelOMmt (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
10. 218" 58' 04.5" 36.59 feet, thence;
11. 2190 40' 34" 308.87 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172);
12. 206" 16' 28.5"
13. 1920 52'
14. 200° 54'
15. 208" 57'
16. 1980 41'
17. 188° 26'
926-1 SMS d 202-1
thence'along remainder of Lot S c
Waikolca Development (File Plan
1172), on a curve to the left wit
a radius of 920.00 feet, the cho:
azimuth and distance being:
426.46 feet, thence;
23" 1,056.24 feet along remainder of Lot 5 of
Waikoloa Development (File Pian
1172);
thence along remainder of Lot 5
Waikoloa Development (File Plan
1172), an a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
50.5" 414.05 feet, thence;
18" 10,146.41 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172);
thence along remainder Of Lot 5 c
Waikoloa Development (File Plan
1172), on a curve to the left wit
a radius of 920.00 feet, the chor
azimuth and distance being:
43" 327.72 feet, thence,
08" 654.16 feet along remainder of Lot 5 of
Waikoloa Development (Pile Plan
3-172);
thence along remainder of Lot 5
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
0889!75808+ NOS830NV 111s000O-wojd 29 91 90-91-Uef
18. ig7" 98' S0" 448.33 feet, thence;
ig_ 293" 49' 30" 80.05 feet along remainder of R. P. 5671, L.
C. Aw. 8521-S, Ap. 1 to G. D. Huev
to the point of beginning and
containing an area of 8.853 acres.
EASFIffS7I' E
(75.00 FEET W=)
how
LgAID S17UAM AT WAIRCLOA, SOUV XORAIA, ISLAND OF HAWAII, MMII
BEING A PRIOR CF FOYAI. PATFSIT 5671,
LAND OOMIS5ION AWAM 8521-B, APAfA 1 70 G. D. Fi=
BEING ALSO A PCFCrICN Cr IAT 5 Cr WAIRCLOA DEVE[4M+ tfT (FILE PIAN 1172)
Beginning at the North corner of this parcel of land, on the Easterly boundar;
of Lot 5 of Waikolos Development (File Plan 1172), the direct a2imuth and distance from
a pipe in concrete marked "W-7" being 358' 20' 443.71 feet, the coordinates of said
point of beginning of which referred to Government Survey Triangulation Station "PUU
HINAI" being 25,063.31 feet forth and 2,254.91 feet East and running by azimuths
measured clockwise from true South:
1.
3580
20
616.33
feet
along remain9er of R. P. 5671, L.
C. Aw. 8521-B. Ap. 1 to G. D. Hue
2.
1010
30'
77.02
feet
along remainder of Lot 5 of
Waikoloa Development (File Plan
1172) ;
3.
1780
20'
389.54
feet
along remainder of Lot 5 of
Waikoloa Development (File Plan
2.172);
4.
198°
03' 09"
222.28
feet
along remainder of Lot 5 of
Waikoloa Development (File Plan
1172) to the point of beginning
and containing an area of 0.866
acre.
SZO-d SWE d ZOZ-1 08951 US+ NOSHONY 11154009 -Wold 0:91 90-91-uer
IAM SrI%P= AT WAIKm4A, Scum XORAIA, ISLAND Cr WoULTI, iLATkII
BE= A P MCN Cr FDM PATENT 56711
LAND 01fUSSION AMM 8521-B, APANA 1 Ta G. D. H=
BEING ALSO A PUMCN CF IAT 5 Cr WAIROLOA D=Zp=V (FILE PLAN 1172)
BEING AN EASLMENT EIGHTY (80.00) FEET WIDE
EXTENDING FORTY (40.00) FEET CN FAC; SIDE
Aeginning at the Southerly end of this easement an the Southerly boundary of
Lot 5 of Waikoloa Development (File Plan 1172), the coordinates of which referred to
Government Survey Triangulation Station `Puri HINAI' being 23,759.91 feet North and
2,317.59 feet West and running by azimuths measured clockwise from true south:
Along a curve to the left with a
radius of 30500.00 feet, the chord
azimuth and distance being:
1. 1940 41' 11.5" 663.20 feet, thence;
2. 1690 15' 2,900.00 feet,
thence along a curve to the left
with a radius of 20000.00 feet,
the chord azimuth and distance
being:
3. 1830 15' 418.11 feet, thence;
828-4 SWE d ZOZ-1 0885!99808+ NOSN30NY IIIS0000-WOJd Mal 90-91"Er
4. 177° 15' lf02O.95 feet to the Northerly boundary of Lot 5
of Mikoloa Development (File flan
1172) being also the boundary line
between the lands of Waikoloa arta
Lalamilo and containing an area of
9.190 acres.
Page 31 of 37
8Z8 -d WIS d NZ -1 088Sit5808+ NOS43ONY 111S0000 -Wold 89;81 Yo -81-w
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
electrical, telephone and other utility purposes
over and across those portions of Easement E-4
Which affect Lot 5, as shown on File plan
No. 1172.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
electrical substation purposes over and across
Easement E-5, as shown on File Plan No. 1172.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
electrical, telephone and other utility purposes
over and across Easement E-6, es shown on File
Plan No. 1172.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
roadway purposes over and across Easement R-3, as
shown on File Plan No. 1172, together with a
right and easement to grade, pave, construct,
maintain, operate, and repair said easement and
together with such rights of way for ingress and
egress as shall be reasonably necessary in
connection therewith.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
cable television and other utility purposes over
and across Easement TV -1, as shown on File Plan
No. 1172.
EXCEPTING AND RESERVING also, unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, all rights to underground
water under or appurtenant to the granted
premises, together with the right to enter upon
the granted premises to drill for and remove said
water from the granted premises, with the right
to assign and transfer said rights to the State
Of Hawaii, county--vf Hawaii, Department of Water
Supply or any public or private utility or other
corporation.
SN -i 99/D d 202-i 088919980B+ NOSHONY 11150000-WDJ� 0:91 VO-91-uef
SUBJECT, Hol,`MR, to the following:
Reservation in favor of the State of Hawaii of
all mineral and metallic mines.
2. raassebt -U-2- 420 feet wide) for utility
parposes, as shorn an pil# plan Ne. 1172.
3. Creat in fewer Of walaoloa Yater CO., IaC.,
dated Daceaber 20, 1979, recorded in Liber
133741 at Pape 441, as 45#0604 by instraaebt djlted tabrvary
4, 1981, recorded to liber 1559# at Page 1031 YrsUtist a
perpetual sonetclwrive easese0t for eater lines aad voter
servlet eoaneetsd witb Its operatio0 es a water public
5ti11ty, etc., ever end across said Easement 00-20.
4. rasaaebt 09-1- (area 91.827 acres) for eater
well and resereotr purposes, as stern oo File
Plan No. 1177.
S. Grant ib favor of Yailoloa eatar Co., Ioc. and
Wele"o" 8elOrt Dtllitles, Iae.e dated November
3, 1990, recorded In Liber 15age at Pave tie: 9rabtlso a
pe:petoel bon-arciasive easeaeat to enter spar. and use the
well field within said raseaebt ow -1- solely ter the
purposes of the operation, maintenance and use of the
exiwtlbg wells for rater parposes, and the ertlorstlen,
trilling, construction, operation, aaibtensuce ar.d ase of
■A11t10neI wells for water purposes.
6. Easeaent0Y-W-1- (50 feet wide, area 16.725
Acres) for alertrical, telephone std water liar
parreses, as shown at File Pia- to, 1172.
7. GraDt in favor of Waitoloa water Co., Inc.,
deted December 20, 1971, t#corded in Liber
13374 a: Fage sal, as amended by instrueent dated Pebruary
a, 19#1, recoried It Liber 154198 at Page 1031 granting a
parpetaal nonerelbflve tesea#9t for water lib#a ■od voter
service conn#cted with its operation as a water pa:llc
5tility, ate., ever and access said rasesebt-L-W-1-.
8. rasesebt -r-s- (75 feet wide, area 19,o0e
acres) for electrical and t#lepho0e purposes,
is shown en rile Plan No, 1172.
VAMA 71 of 37
5Z8 -d 9V/IV d Z02-1 08891V9808+ MUM 11190000410Jd EV:91 VO-91-uer
9. iaraaeht 'E-5' (area O.3ao acre) for elactrice)
sabstatloo purposes, as shows en rile flag /o.
1172.
10. Easement 'E-6' (75 feet wife, area 76.579
acres) for electrical and telephone purposes,
ao shown or. file Plan 90. 1172.
11. taseaeat •S-2' Care& 15.772 acres) for serape
So* 1172. treatoe&t pleat parposes, as above go File Plat
12. raseaent '5-1' (75 feet vide. area 0.281 acre)
for tanitar7 sewer'Purpoees, as e•howp on File
Plan Sao 1172.
13. rasament 'E-7' (75 feet side) for electrical
sad telephone purposes, as shown on File plan
No, 1172.
14. Easesent 'R-30 (SO feet wide, area 1.729 acres)
for roadway purposes, as shorn on Tile Plan No.
1172.
15. Easesent 'TV -1' (area 3.0 acres) for CITY
sarposas, as shown on File Plan Pa. 1172.
16. creat la favor of Novell tlectrl c Light
Cospeby, Inc., dated Aoril 27, 1076, recorded
In Liber 11011 at Pepe '1151 granting a perietual right and
assepent to construct, reconstruct, *perste, maintain and
repair pole and wire lines, etc., for the trecssiation an:
dlstribation of electricity ower, spot, across and through
rerosent '3' affecti&o Lot 5, besides other land, sad being
so:e Particularly described as followsi
All of that certain parcel of land (rortlon of
the lead described in and eovared by Royal Patent lumber
5671, Load Complexion Award Number 9521-9, &Dana 1 to C. D.
"gag) ■ituate, lying and being at Valkoloa, District of
tooth Korala. Island and County of !feral!, State of Newell•
being KASECENT "3", same belno a portion of Lot 5 of the
'MAIKOLOA DEtELDPIEN160 Pilo Plan 1172, and described as
followme
Page 34 of 37
928-4 9P/iP d M-1 0899109808+ NoWaRY 11150007-Wajd PP:91 PO -91 -ref
teiav a strip of 3ani one baadred (100.00) feet
rise and erte0d1ag fifty (50.00) fest on either side of the
following doscrlDed ceaterliae.
EeginnIAq on the centerline, at the North end
of this ee8e020t, on the South booadary of the Corerosent
Lead of lalemilo, the coordinates of said solet of
beglnalne referred to Cove:asent Soreer Srianvolstiob
station 0719 MINAI0 being 26,703,50 feet ■srtt and 2,146,22
fart test, and routing by asisuths seasorei clockwise Eros
tree saaths
1, 6' la'
202,58 feet along stcnevall, along
resainder of 1. to 5671, L.
Co Av. •521-H, Apana 1 to
C. D. Hugo)
7. 7' 25'
212,05 feet maIonv stcnevall, along
reeaiaiar of A. P. 5671, L.
C. Av. 8521—Do Avant 1 to
C, D. Nae*)
30 0' 26' 200
2,218.34 feet elan* stonevell, 81902
remainder of F. P. 5671, L.
C, Av. 8521-5, Apats 1 to
C. D. Rugg)
s. 356' 42• 30`
1,55D.23 feet slonv stcnevall, 419n2
rea%Shier of No P. 5671, 1.
1. Av. 6$21-8. Spans 1 to
C. D. Nueu)
5. 35! 2D'
434,31 feet along stcnevall, along
remainder of A. F. 5671, :.
C. Av. 8521-P, Avant 1 to
G. D. Mugu$
G. 16' 03' 09'
11,423.8° feet 229ng stcnevall, tleng
resainier of F. P. 56710 L.
C. Av. 6521-Ve Acats t to
C. D. Nveu, tc the forth
bouaSary of Let 6 of the
OYaitoloa Deveiopea3t0
(File plan 1172) and
containing an area of
36.826 acres.
-- " _-
528-4 wo d NZ -1 088S1Y5808+ aosakat�r iiisaooa W� d V9 9l
17. Grant in favor of Hawaii Electric Light
Company, Inc., dated August 24, 1979,
recorded in Liber 13956 at Page 491; granting a perpetual
nonexclusive right and easement of access, and for
electric utility purposes over Easement "U-3", containing
an area of 17.272 acres, affecting Lot 5, besides other
land, and being more particularly described therein.
18. Grant dated July 23, 1981, recorded in Liber
15763 at Page 786, by Atpac Land Co., a
Texas partnership qualified to do business in the State of
Hawaii, to Hawaii Electric Light company, Inc., as amended
by Amendment of Grant of Easement dated February 20, 1987,
recorded in Liber 20779 at Page 488; granting a perpetual
right and easement to construct, reconstruct, rebuild,
repair, maintain and operate pole and wire lines and/or
underground lines, etc., over, under, upon, across and
through portions of Lot B.
19. Grant in favor of Waikoloa Sanitary Sewer
Co., Inc., dated A6 b+ kdeh yv 31, 1985 ,
recorded in Liber .2441 at Page (04.3 ; granting a
perpetual non-exclus ve easement for sanitary sewer pur-
poses over and across Easement 5-1 as shown on File Plan
No. 1172 for sewage treatment plant purposes over and
across Easement S-2 as shown on File Plan No. 1172, and
for roadway and utility purposes over and across Easement
R-4 and Easement G, all as more particularly described in
said grant.
20. Grant in favor of Waikoloa Water Co., Inc.,
and Waikoloa Resort Utilities, Inc., dated
py oS IeW,.6w31, 1985 , recorded in Liber 'ol11441 at Page
(oil ; granting a perpetual non-exclusive easement for
roadway and utility purposes over and across Easement D,
as more particularly described in said grant.
21. Grant in favor of Hawaii Electric Light Company, Inc
and Hawaiian Telephone Company, dated vk.D,C.31, 1985 ,
recorded in Liber 41441 at Page (ajB granting a
perpetual nonexclusive easement for electrical utility
purposes over and across those portions of Easement E-6
and E-7 affecting Lot 5, as shown in File Plan No. 1172.
22. Grant in favor of Hawaii Electric Light
Company, Inc., dated (Asof _beeen,6w 31, 19811
recorded in Liber ai44-1 at Page (03(, granting a
perpetual nonexclusive easement for electrical substation
purposes over and across Easement E-5 affecting Lot 5, as
oanp 1A of 37
9Z8 -d PM d ZOZ-1 08892MOP MOS830NY llISOOOO-wbid w91 90-91-uef
a : M .
shown on File Plan No. 1172, and as more particularly
described in said grant.
23. Grant of Easement in favor of Hawaii Electric Light
Compa11ny, Inc. and Hawaiian_Teleohone Company, dated
AS o} ? , 1987, recorded in Liber -R144 i at Page
103 t granting a perpetual nonexclusive easement for
access and utility purposes over and across Easement E
affecting Lot 5 as shown on File Plan No. 1172, and as
more particularly described in said grant.
Page 37 of 37
9Z9 -i 9V/9V d 202-1 0999199909+ NOU30NV 1IIS0009-Wad 9V:91 VO-91-uef
R13ayPacific-REZ03-028.jwd 01-23-04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
BAY PACIFIC DEVELOPMENT LLC
CHANGE OF ZONE APPLICATION (REZ 03-028)
Upon careful review of the request, the Planning Director recommends that a favorable
recommendation of the Change of Zone request from an Open (0) to a Limited Industrial
1 -acre (ML -la) district be forwarded to the County Council. This recommendation does not,
however, sanction the specific plans submitted with the application as they may be subject to
change given the specific code and regulatory requirements of the affected agencies. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position based upon additional information presented at the public
hearing. This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone for 14.902 acres of a 267.889 -acre
parcel from an Open (0) to a Limited Industrial 1 -acre (ML -1a) district. The applicant is
proposing to establish a self -storage facility and other light industrial uses on the
proposed site. Tentatively, these uses would consist of
a. A self -storage facility. This facility would also include an open storage area to
accommodate vehicles, boats, machinery and similar items; and
b. Warehouse structures that would be made available for small-scale light industrial
uses. These would include auto repair, contractor's yards, and other uses that
would normally not be appropriate within the commercial zones.
According to the applicant, the structures would tentatively be single -story in
height, not exceeding forty feet. On-site paved parking, as required by the Zoning Code,
would be provided. Landscaping will be provided throughout the site. The proposed
operating hours of the industrial park would be from 7:00 a.m. to 5:00 p.m., daily.
However, it is anticipated that there will be times when this may vary to accommodate
the needs of the respective tenants. The proposed development is designed to serve
primarily residents and homeowners within the Waikoloa Village and the South Kohala
area.
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, but ultimately, on the future development of the whole island.
The proposed request would be consistent with the following goals, policies
and standards of the Land Use (Industrial) and Economic Elements of the General
Plan. The General Plan was developed to serve as a policy guide for the coordinated
growth and development of all sectors of the County. It sets forth goals, policies,
standards and courses of action to accommodate growth without congestion, to designate
and preserve the lands needed for residential use, commercial and visitor services,
industry, agriculture and open space, and to coordinate these uses with the County's
service and circulation systems. The proposed request would complement the goals,
policies and standards of the Land Use (Industrial) and Economic elements of the
General Plan.
Land Use Element
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Zone urban and rural -types of uses with the ease of access to community services
and employment centers and with adequate public utilities and facilities.
Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
Land use is one of the principal focal points of public concern and policy. The
Land Use Element provides the primary basis for direct control and guidance of publicly
and privately owned resources. It is also intended to be used as a policy guide for the
coordinated growth and development of all sectors of the County. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in the
&A
best interest of the island's residents. The proposed use would complement the Land Use
element of the General Plan by providing an area for industrial uses near the community
of Waikoloa Village, which will be easily accessible and will have adequate public
utilities available.
Land Use Element (Industrial)
• Designate and allocate industrial areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Promote and encourage the rehabilitation of industrial areas which are serviced by
basic community facilities and utilities.
• It shall be the policy of the County to achieve a broader diversification of local
industries by providing opportunities for new industries and strengthening
existing industries.
• Through its zoning powers, the County shall locate industrial areas convenient to
transportation facilities and provide a variety of industrial zoned districts and lot
sizes, depending on the needs of the industries and communities.
• The County shall attempt to improve the aesthetic quality of industrial sites and
protect amenities of adjacent areas by requiring landscaping, open spaces, buffer
zones, and design guidelines.
• Industrial development shall maintain or improve the quality of the present
environment.
• Topography of industrial land shall be reasonably level.
• Industrial development shall be conveniently located to its labor resource.
The proposed industrial area will be located near Waikoloa Village. As the
Village continues to grow, there will be a need for more industrial and commercially
zoned lands. The options for industrial uses available to the residents at Waikoloa are
located in Kawaihae, Waimea and near the West Hawaii Concrete Plant. The subject site
will fulfil many needs for the residents of Waikoloa. It will create new job opportunities
for the residents in the area. It will create short-term job opportunities during the
construction phases and long-term opportunities as the new uses are established. The
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area proposed for the industrial uses is relatively level and the area is located near the
targeted labor resource (Waikoloa Village).
Economic Element
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its economic
system.
• The County shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County's natural
and social environment.
• The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
• The County shall strive for diversification of its economy by strengthening
existing industries and attracting new endeavors.
The proposed change of zone request from an Open (0) to a Limited Industrial 1 -
acre (MI. -1 a) district classification would further the County's goals of providing an
economic environment which allows new or existing businesses to expand and diversify
the County's economic base, and thereby also increase the choice of occupations.
Given the above listed facts, a favorable recommendation would further
complement the goals, policies and standards of the Land Use (Industrial) and Economic
elements of the General Plan for the South Kohala area.
The reclassification action also conforms to the LUPAG Map, which
designates the area for Industrial. 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 LUPAG
Map establishes the basic urban and non -urban form for areas within the County. The
project area is designated Industrial. This industrial designation includes uses such as
manufacturing and processing, wholesaling, large storage and transportation facilities and
10
light industrial uses. This change of zone request is consistent with the Industrial
designation on the LUPAG Map for this area. Therefore, a favorable recommendation of
the applicant's change of zone request would be a reasonable expansion of existing uses
in the area. Further, this proposed industrial development would provide the framework
of a concentration of urban activities occurring in an orderly manner as identified by the
General Plan.
There are approximately 291 acres of industrial zoned lands in the South Kohala
district. The Land Use Pattern Acreage allocation for industrial use for the South Kohala
area is approximately 1,869 acres. This information reveals the lack of and the need for
industrial zoned lands in the South Kohala area. There are two areas where most of the
industrial activity in South Kohala takes place: Waimea and Kawaihae. In Waimea,
many of the industrial uses are linked with agricultural. In Kawaihae, the industrial use
consists mainly of storage facilities. The approval of this request would allow for storage
and warehouse types of industrial uses to be established, which would accommodate
people in the Waikoloa area and provide them with an Industrial area much closer than
Kawaihae, Waimea or North Kona. Therefore, a favorable recommendation would also
allow for the increase of Industrial zoned lands in the South Kohala area, which is
consistent with the Land Use Pattern Acreage allocation for Industrial zoned lands for
this area.
The project site is situated within close proximity to commercial areas,
employment centers and public safety services. The subject area is already part of the
village of Waikoloa and has access to a number of services. The Village has a variety of
land uses, including commercial and residential (single and multiple). Within Waikoloa
Village is the Waikoloa Highlands Shopping Center, which includes stores, restaurants,
offices and other commercial uses. There are police and fire services located within the
Village, near the Mauna Lani resort area on Queen Kaahumanu Highway and in Waimea.
All utilities and services which are essential to accommodate urban
development are or will be made available to the project site. The Department of
Public Works (DPW) recommended improvements to Waikoloa Road and to the private
road servicing the proposed project site. Waikoloa Road, fronting the subject property, is
-5-
a County road. It has four lanes with curb, gutter and sidewalk through Waikoloa
Village, merging to two lanes with shoulders at the existing driveway intersection, all
within a 120 -foot right-of-way. A private road currently serves the subject property. It
has an 18 -20 -foot wide pavement from Waikoloa Road to the existing West Hawaii
Utilities baseyard and narrows to an unimproved one -lane width at the subject property.
DPW stated that the private road is substandard based on width, alignment and roadside
hazard clearances. DPW is recommending the following improvements to be met:
• The access to Waikoloa Road shall meet with the approval of DPW and conform
to current recommendations of the AASHTO Policy on Geometric Design of
Highways and Streets. The intersection shall be realigned to intersect normal to
Waikoloa Road at the stubbout mauka of the existing intersection on the TMK
map.
• The applicant shall provide improvements to the intersection of the private access
road with Waikoloa Road including but not limited to, pavement, concrete curb,
gutter and sidewalk, drainage improvements, and any relocation of utilities
meeting with the approval of DPW. Right and left turn deceleration and storage
bays for ingress and a refuge/storage bay for egress shall be provided on
Waikoloa Road. Separate lanes shall be provided for northbound left and right
turning traffic from the private road. Streetlights, signs and markings meeting
with the approval of DPW, Traffic Division shall be installed. The applicant shall
construct all improvements at no cost to the County.
• The private road currently serving the subject property should be improved to
minimum standards for 2 -way industrial/commercial traffic. DPW recommends
the 60 -foot wide County dedicable cross section, which would be required for
subdivision purposes under the Subdivision Code. Minimally, the private access
road and approaches to it should be evaluated for alignment, sight distance,
roadside hazards and drainage.
Lastly, DPW states that if the entire 14.9 acres to be rezoned is developed to the highest
and best use, it could generate substantial traffic. DPW is recommending the following
condition be imposed to ensure that they can call for further analysis if deemed
SZ
necessary:
• If required by the Planning Director, in consultation with DPW, a Traffic Impact
Analysis Report (TZAR) prepared by a licensed professional traffic engineer shall
be submitted for review and approval prior to plan approval. Additional
road/traffic improvements, to mitigate impacts to Waikoloa Road, if warranted,
shall be provided by the applicant at no cost to the County.
These concerns regarding the roadway improvements will be addressed in the
recommended conditions of approval.
According to the applicant, water to the proposed development will be provided
from a portion of the water currently allocated to the Waikoloa Village Association.
There is a 16 -inch line that is located approximately 1,700 feet from the subject site.
From the area that the 16 -inch line ends, an 8 -inch line will be put in to serve the site and
the adjoining Waikoloa Baseyard
The applicant will construct a septic system meeting with the requirements of the
State Department of Health for the different components of the project.
Solid Waste will be handled by commercial haulers who will dispose of the refuse
at the county landfill in Pu'uanahulu, North Kona.
According to comments from the Mauna Kea Soil and Water Conservation
District, there is a definite fire hazard in the greater area surrounding Waikoloa due to the
dry climate, high wind speed and desiccated vegetation in the area. A condition will be
required that fire resistant vegetation and/or fire or fuel breaks be situated around the site
to protect it after the construction phase. Also, a condition will be added to require the
preparation of an approved erosion control plan be submitted to protect areas from
potential runoff associated with rainfall events, dust and soil blowing that may occur
during any construction activity for the proposed project site.
Chapter 11-5(b) of the Housing Code states that "requests for rezoning which
proposes the establishment of industrial uses generating more than one hundred
employees will be assessed based on an analysis of jobs generated, the resultant number
of households to be supported by those jobs, the projected number of qualified
households which may be entitled to housing assistance, and other factors as may be
-7-
identified. The rezoning approval -holder or its designee shall submit a housing needs
assessment to the County housing agency as a basis for a determination of the applicable
employee -related affordable housing requirement and plan for implementation meeting
with the approval of the County housing agency. Based on this requirement of the
Housing Code, a condition has been added to assess the amount of jobs this project will
be generating with each portion of the project. It is not possible at this point to know
how many jobs the development will generate. In the future, if the development does
have more than one hundred employees, the employee -related affordable housing
requirement will be implemented.
The property is located within Zone X, area determined to be outside the 500 -year
flood plain. All development generated storm run-off shall be disposed of on-site and not
allowed onto adjacent properties or roadways. Any further improvements to the property
must comply with Chapter 27 of the County Code relating to Flood Hazard Control.
The proposed request from an Open (0) to a Limited Industrial 1 -acre (ML -
la) district will not have a significant adverse impact to traditional and customary
Hawaiian Rights. The subject site is not adjacent and/or proximate to the shoreline. As
such, gathering of marine life and coastal access is not an issue. The applicant neither
recalls seeing any native Hawaiians using the subject or immediate surrounding area in
the recent past for the gathering of plants nor learning of any information to that effect
from area residents.
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history ofkamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
The valuable cultural historical and natural resources found in the project area:
As commented by the State Department of Land and Natural Resources -Historic
Preservation Division, " there are no historic properties present because residential
development/urbanization has altered the land and that they believe that no historic
properties will affected by this undertaking."
Possible adverse effect or impairment of valued resources: The State Department
of Land and Natural Resources -Historic Preservation Division states that it believes "that
In
no historic properties will be affected by this undertaking." The subject site has already
been disturbed and as such, the project should not result in an irreversible commitment of
natural or archaeological resources.
Feasible actions to protect native Hawaiian rights: The applicant neither recalls
seeing any native Hawaiians using the subject area or immediate surrounding area in the
recent past for the gathering of plants nor has learned of any information to that effect
from area residents. In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such claims and provide the
needed access within the site.
Based on the above findings, approval of this change of zone request from an Open (0)
to a Limited Industrial 1 -acre (NII. -la) district would result in an appropriate land use pattern
that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
M
COLTI�ITY OF �W�` - ;"'--'i"° �r NATE OF HAWA.�I`I
BILL NO.
(Planning Deparbnent)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO
LIMITED INDUSTRIAL (ML-lA) AT WAIKOLOA, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-8-2:PORTION OF 33.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Waikoloa, South
Kohala, Hawaii, shall be Limited Industrial (ML -1 a):
Beginning at the Southernmost corner of this parcel of land, said point of
beginning bearing 149° 12' 21" 1,486.72 feet from the Southernmost corner of Lot 3-B,
the coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU HINAI" being 4,605.29 feet North and 6,247.22 feet West and running by
azimuths measured clockwise from True South:
Thence, for the next four (4) courses following along the remainders of Lot 3-B of
Waikoloa Development and Royal Patent 5671, Land Commission Award
8521-B, Apana 1 to G. D. Hueu:
1. 1360
30'
30"
1,390.00
feet to a point;
2. 2260
30'
30"
467.00
feet to a point;
3. 3160
30'
30"
1,390.00
feet to a point;
4. 460
30'
30"
467.00
feet to the point of beginning and containing
an area of 14.902 Acres.
-1-
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
Hawai `i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
-2-
CBayPacific-REZ03-028.jwd 01-23-04
BAY PACIFIC DEVELOPMENT LLC
CHANGE OF ZONE APPLICATION (REZ 03-028)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying
with all of the stated conditions of approval.
B. Prior to applying for Plan Approval, the applicant shall submit
documentation indicating that there is sufficient water available for the
project site and anticipated developments for the site.
C. Construction of the proposed development shall be completed within five
(5) years from the effective date this ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the
proposed development from the Planning Director, and any additional
components of the development, in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all
existing and/or proposed structures, paved driveway access and parking
stalls associated with the proposed development. Landscaping shall also
be indicated on the plans for the purpose of mitigating any adverse noise
or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping
Requirements).
D. The access to Waikoloa Road shall meet with the approval of DPW and
conform to current recommendations of the AASHTO Policy on
Geometric Design of Highways and Streets. The intersection shall be
realigned to intersect normal to Waikoloa Road at the stubbout mauka of
the existing intersection on the TMK map.
E. The applicant shall provide improvements to the intersection of the private
access road with Waikoloa Road including but not limited to, pavement,
concrete curb, gutter and sidewalk, drainage improvements, and any
relocation of utilities meeting with the approval of DPW. Right and left
turn deceleration and storage bays for ingress and a refuge/storage bay for
egress shall be provided on Waikoloa Road. Separate lanes shall be
provided for northbound left and right turning traffic from the private
road. Streetlights, signs and markings meeting with the approval of DPW,
Traffic Division shall be installed. The applicant shall construct all
improvements at no cost to the County.
F. The applicant shall have the private access road and approaches evaluated
by a professional engineer, in consultation with DPW, for alignment, sight
distance, roadside hazards and drainage. Additional road/traffic
improvements, to mitigate impacts to the private access road and
approaches, if warranted, shall be provided by the applicant at no cost to
the County.
G. If required by the Planning Director, in consultation with DPW, a Traffic
Impact Analysis Report (TIAR) prepared by a licensed professional traffic
engineer shall be submitted for review and approval prior to plan approval.
Additional road/traffic improvements, to mitigate impacts to Waikoloa
Road, if warranted, shall be provided by the applicant at no cost to the
County.
H. All development -generated runoff shall be disposed of on site and shall
not be directed toward any adjacent properties. A drainage study shall be
prepared and submitted to the Department of Public Works prior to
issuance of Final Plan Approval. Any drainage improvements shall be
constructed meeting with the approval of the Department of Public Works
prior to the issuance of a certificate of occupancy.
I. The applicant shall construct a septic system meeting with the
requirements and approval of the State Department of Health for each
component of the project.
J. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance
of Final Plan Approval for any use. A copy shall be submitted to the
Planning Department for their files.
K. The applicant shall place fire resistant vegetation and/or fire or fuel breaks
around the project site to protect it after the construction phase of the
initial development.
L. The applicant shall prepare an erosion control plan to protect areas from
potential runoff associated with rainfall events, dust and soil blowing that
may occur during any construction activity for the proposed project site.
A copy of the approved plan shall be submitted to the Planning
Department for their files.
M. Prior to plan approval for any portion of the project, the applicant shall
submit a housing needs assessment in compliance with the requirements of
Chapter 11 of the Hawaii County Code, and shall implement any
affordable housing conditions required by the County housing agency in
conformance with Chapter 11.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of
the Unified Impact Fees Ordinance.
O. Comply with all other applicable rules, regulations and requirements of
the affected agencies for the proposed development.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have
been foreseen or are beyond the control of the applicant,
successors or assigns, and that are not the result of their fault or
negligence.
2. Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3. Granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition to be
performed within one year may be extended for up to one
additional year).
If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action.
Q. Should any of the conditions not be met or substantially complied with in
a timely fashion, the Director may initiate rezoning of the subject area to
its original or more appropriate designation.
RBayPacfc-SLU.jwd 01-23-04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
BAY PACIFIC DEVELOPMENT LLC
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-012)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for a State Land Use boundary amendment for 14.902 acres
from the Agricultural to the Urban District be forwarded to the County Council. This
recommendation does not, however, sanction the specific plans submitted with the application as
they may be subject to change given the specific code and regulatory requirements of the
affected agencies. Since this recommendation is made without the benefit of public testimony,
the Director reserves the right to modify and/or alter this position based upon additional
information presented at the public hearing. The favorable recommendation is based on the
following findings:
The approval of the reclassification from the State Land Use Agricultural to
the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii
Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules,
the County General Plan and the Hawaii State Plan. According to the Land Use
Commission Rules, one of the standards for considering an area for urban reclassification
states that "in determining urban growth for the next ten years, or in amending the
boundary, land contiguous with existing urban areas shall be given more consideration
than non-contiguous land, and particularly when indicated for future urban use on state or
county general plans." The subject property does conform to this standard as it is situated
in the immediate vicinity of existing Urban -designated lands. These lands include the
Waikoloa Village, which is made up of residential (single and multiple) and commercial
land uses. The applicant's request to designate 14.902 acres into the Urban District
reflects the infilling of Agricultural lands within this section of Waikoloa, which is
already bordering existing Urban -designated lands. The applicant has also requested a
concurrent change of zone for 14.902 acres from an Open (0) to Limited Industrial 1 -
acre (ML -1a) zoned district.
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The Urban District request would be consistent with the goals and polices of
the Land Use (Industrial) and Economic elements of the General Plan. The proposed
use would complement the Land Use (Industrial) element of the General Plan by
providing an area for industrial uses near the community of Waikoloa Village, which will
be easily accessible and will have adequate public utilities available. The proposed use
would also further the County's goals of providing an economic environment which
allows new or existing businesses to expand and diversify the County's economic base,
and thereby also increase the choice of occupations.
The LUPAG Map component of the General Plan is a representation of the
document's goals, policies, standards and courses of action. It is also a graphic depiction
of the physical relationship between the various land uses. The LUPAG Map establishes
the basic urban and non -urban form for areas within the County. The Urban District
request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map,
which designates this area for Industrial uses. Thus, the area under consideration is
consistent with the urban form established for this section of South Kohala District as
depicted on the LUPAG Map. The project site is located in an urban -like setting
adequately served by transportation, utilities and other amenities. The reclassification
and proposed rezoning will allow the property to be used for a variety of light industrial
uses that may support activity within Waikoloa.
The urban classification also conforms to the standard that the development
is within reasonable proximity to centers of trading and employment and to basic
services such as schools, police and Tire protection, transportation systems and
water. The subject reclassification is for land located less than a'/z mile from the
urban/retail/employment center of Waikoloa Village. Within Waikoloa Village is the
Waikoloa Highlands Shopping Center, which includes stores, restaurants, offices and
other commercial uses. The nearest school is located within the Village. There are
police and fire services located within the Village, near the Mauna Lani resort area on
Queen Kaahumanu Highway and in Waimea. Access to the project site will be from
Waikoloa Road onto a paved private roadway. Water to the proposed development will
be provided from a portion of the water currently allocated to the Waikoloa Village
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Association. Therefore, the request conforms with the Land Use Commission Rules
which encourages urban developments in close proximity to existing developments and
in close proximity to existing services and facilities.
The property has no severe geological or topographical problems which
cannot be properly rectified or which would render the land unusable. The U.S.
Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates
the property as Zone "X", areas outside of the 500 -year flood plain. Any improvements
to the property must comply with Chapter 27 of the County Code relating to Flood
Hazard Control. The project site is relatively level. Thus, the reclassification meets the
standard which states that the lands included within the urban district "... shall be those
with satisfactory topography and drainage and reasonably free from the danger of floods,
tsunami and unstable soil conditions and other adverse environmental effects."
The property is not currently being used for active agricultural purposes. The
property is unclassified on the State of Hawaii's Agricultural Lands of Importance to the
State of Hawaii (ALISH) Map. The Land Use Study Bureau's Overall Master
Productivity Rating for the soils in the area is "E" or "Very Poor." The project site has
been previously graded and was utilized as a quarry. Waikoloa Village, which is located
in the immediate vicinity of the project site, is designated Urban and consists of
residential and commercial uses. Therefore, the reclassification of this 14.902 -acre area
from the Agricultural to the Urban designation will not be detrimental to the reduction of
this area from the agricultural land inventory in the County of Hawaii.
The Urban classification will not have a significant adverse impact to
traditional and customary Hawaiian Rights. The subject site is not adjacent and/or
proximate to the shoreline. As such, gathering of marine life and coastal access is not an
issue. The applicant neither recalls seeing any native Hawaiians using the subject or
immediate surrounding area in the recent past for the gathering of plants nor learning of
any information to that effect from area residents.
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
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The valuable cultural historical, and natural resources found in the project area:
As commented by the State Department of Land and Natural Resources -Historic
Preservation Division, " there are no historic properties present because residential
development/urbanization has altered the land and that they believe that no historic
properties will affected by this undertaking."
Possible adverse effect or impairment of valued resources. The State Department
of Land and Natural Resources -Historic Preservation Division states that it believes "that
no historic properties will be affected by this undertaking." The subject site has already
been disturbed and as such, the project should not result in an irreversible commitment of
natural or archaeological resources.
Feasible actions to protect native Hawaiian rights: The applicant neither recalls
seeing any native Hawaiians using the subject area or immediate surrounding area in the
recent past for the gathering of plants nor has learned of any information to that effect
from area residents. In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such claims and provide the
needed access within the site.
Based on the above, the approval of the State Land Use Boundary Amendment for the
reclassification of 14.902 -acres of a 267.889 -acre parcel from the Agricultural to the Urban
designation complements the State Land Use District Regulations.
The accompanying draft bill to amend the State Land Use Boundaries Map H-15 is
provided for your favorable consideration.
Ea
(Planning Deparbrient )
ORDINANCE NO.
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-15 FOR
THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-8-2:PORTION OF 33.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. The State Land Use Boundaries Map, H-15 for the County of Hawaii, is
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Waikoloa, South
Kohala, Hawaii, shall be Urban:
Beginning at the Southernmost corner of this parcel of land, said point of
beginning bearing 149° 12' 21" 1,486.72 feet from the Southernmost corner of Lot 3-B,
the coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU HINAI" being 4,605.29 feet North and 6,247.22 feet West and running by
azimuths measured clockwise from True South:
Thence, for the next four (4) courses following along the remainders of Lot 3-B of
Waikoloa Development and Royal Patent 5671, Land Commission Award
8521-B, Apana 1 to G. D. Hueu:
1. 1360
30'
30"
1,390.00
feet to a point;
2. 2260
30'
30"
467.00
feet to a point;
3. 3160
30'
30"
1,390.00
feet to a point;
4. 460
30'
30"
467.00
feet to the point of beginning and containing
an area of 14.902 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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