HomeMy WebLinkAboutCOM 0101.000 2004-2006 J~ZY OF NgFrq
H Kim • L6~;'•. poa_1 ~.30 ~9~ YVtlr
~y p, gY aw Christopher J. Yuen
Mayor Z lLa~._-__ Dincmr
: ,o.~pc County Council
9rE Q f•Hp
Roy R. Takemoto
Deputy Dimcror
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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
February 8, 2005
Gregory R. Mooers, President
Mooers Enterprises
PO Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
Change of Zone Ordinance No. 03-18 (REZ 996)
Applicant: Sunstone Realty Partners X, LLC
Subject: Compliance with Conditions
Tax Map Key: 7-5-018:008 Waiahua ls`, North Kona, Hawaii
We apologize for late response to your letter dated November 4, 2004. We affirm that the
applicant has complied will all conditions except for Condition E. Condition E states as follows:
"The applicant shall provide the following improvements to roadways in the immediate
vicinity of the subject property, in a manner as required by the Department of Public
Works, to ensure the proper mitigation of impacts to traffic that will be generated by the
proposed development. These roadway improvements shall be completed and dedicated
to the County of Hawaii prior to the issuance of a certificate of occupancy for any portion
of the proposed residential development:
1. Improve that portion of Alii Drive and Walua Road in the immediate vicinity of
the project site to collector street standards.
2. A left tum storage lane or other appropriate improvements to facilitate left-turn
movements into the proposed development from Walua Road shall be installed at
the project's Walua Road driveway entrance. Left turns into the project site at the
Alii Drive driveway entrance shall be prohibited.
Comm. No. tl a ~ _
Ref. To:
Hawaii County is an Equal Opportunity Provider and Employer Ref. i. p!~-
Gregory R. Mooers, President
Mooers Enterprises
Page 2
February 8, 2005
3. The improvements on Walua Road shall consist of curb, gutter and sidewalks
along the mauka side and paved swales on the makai side including drainage
improvements and necessary relocation of utilities. Alii Drive improvements
shall include paved shoulders along the makai side of Alii Drive.
4. At the Walua Road and Kuakini Highway intersections, a median refuge lane may
be installed along Kuakini Highway, if required by the Department of Public
Works.
5. The applicant shall provide twenty public parking stalls and restroom facilities
along the mauka of Alii Drive and on the County's Sewer Pump Station to
accommodate the public's use of Waiaha Bay. There shall also be adequate space
on the project site for an additional twenty parking stalls for future development.
6. The applicant shall provide all necessary markings and safety devices necessary
to ensure a safe Alii Drive mid-block crosswalk from the proposed public parking
area/restroom facilities to Waiaha Bay."
Although the construction plans were reviewed and approved as noted in your letter, these
improvements need to be completed and dedicated for this condition to be in compliance. Please
submit verification that the above listed improvements have been completed to affirm
compliance with Condition E.
If you have any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincerely,
~~~~2 r ~
l'~/
CHRIST ~PHER J.,~'UEN
Planning Director
JWD:smn
P:\WP W IN 60\JEFF\Letters\Compliance\LMoore-REZ996-AllConds.doc
cc w/copy of letter: JHawaii County Council
Planning Commission
Planning Department-Kona
MOOERS ENTERPRISES, LLC
P.O. BOx i i O 1
iC11MUELA, Hawau 96743
November 4, 2004
i,'~j
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Re: C13ANGE OF ZONE APPLICATION (REZ 02-013)
REQUEST: SINGLE-FAMILY RESIDENTIAL (RS-10) TO
MULTIPLE FAMILY RESIDENTIAL (RM-4)
APPLICANT: SUNSTONE REALTY PARTNERS X LLC
TMK: (3) 7-5-18:08
Dear Mr. Yuen:
We believe we have complied with all conditions of approval for the ordinance identified above
and would like your concurrence so that we may receive our Certificate of Occupancy.
Conditions of Approval:
A. The purpose for this letter is to show compliance with all conditions of approval.
B. I have enclosed a copy of a June 6, 2003, letter and receipt from the Department of
Water supply [hat confirms the payment of the required fee. Please see Exhibit B.
C. Final Plan Approval was granted by your department. This review was done by Daryn
Arai. A copy of that approval is enclosed for your review. Please see exhibit C for a
copy of your letter dated July 9, 2003, granting Plan Approval.
D. The access to the project was reviewed and approved by Public Works as part of the
construction plan review. Please see exhibit D, a copy of the signature page on the
construction drawings dated February 21, 2004.
E. The roadway improvements described in this condition were reviewed and approved
as part of the construction plan review process. Please see exhibit D, a copy of the
signature page on the construction drawings dated February 21, 2004.
F. The evacuation plan has been prepazed and submitted to Civil Defense for review and
approval. The mauka-makai access is shown on the construction drawings and
described in the evacuation plan.
G. A drainage study for the project was prepared and approved by the Department of
Public Works. This study was reviewed as part of the construction plan review.
H. The sewer connections were reviewed and approved as part of the construction plan
approval. process. The connection to the County system has been completed.
(1~'~f ~1
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@HAWAII.RR.COM
~.I, ~~lo
Mr. Chris Yuen
November 4, 2004
Page Two
I. The solid waste plan was prepared and approved by the Department of Environmental
Management. Please see exhibit I for a copy of my letter of March 28, 2003,
transmitting the approval memo to you for reference.
J. A drainage study for the project was prepared and approved by the Department of
Public Works. This study was reviewed as part of the construction plan review.
K. An archaeological Preservation and Burial Treatment Plan was prepared and submitted
to DLNR-SHPD. Please see exhibit K for copies of their approval letters.
L. An archaeological monitor was present during construction and this condition was
complied with. All ground disturbing activities, other than incidental landscaping, has
been concluded.
M. The applicants paid the required affordable housing fee. Please see exhibit M for a
copy of Hawaii County Housing Agency Resolution 131 accepting payment of in-lieu
fee of $56,640.00.
N The fair share assessment for roadway and park improvements has been addressed by
the constructions of improvement related to this project. My letters to you dated
September 9, 2004 and October 8, 2004, (Please see exhibit N-1) itemize the
improvements and actual costs incurred during the construction of those
improvements. Amounts still due are: Solid Waste $12,639.51; Police $9,218.43; Fire
$28,357.29. Please see exhibit N-2 for a copy of the applicant's check for $50,215.23
and transmittal letter for the payment of these outstanding fees.
O. The required fee for school facilities was determined by you, in your letter dated
December 24, 2003, to be $62,939. Please see exhibit O for a copy of your letter and
the applicant's letter to DOE with a copy of their check.
P. The applicant has complied with all applicable laws, rules, regulations and
requirements of affected agencies.
Q. The Council has not adopted a Unified Impact Fee Ordinance. This condition does
not apply.
R. No time extension to comply with any of the conditions of approval is required or
requested.
S. The applicant believes we have complied with conditions of approval.
Should you need any additional substantiation for the compliance, please notify me. We would
like to resolve any outstanding issues as soon as possible to avoid any delays in the occupancy of
the project. Thank you for your prompt attention to this request.
Sincerely,
zi'~J~t.ye.,, ~
Gregot~~,~. Mooers
President
GRM:jy
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Harry Kim Christopher 3. Yuen
Mayor
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Roy R. Takemoto
Depurv Dixcmr
Cn~ixxlf~r ~ttivrxii
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(SOR)961-8742
March 17, 2003
Mr. Gregory R. Mooers
P.O. Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
Change of Zone Application (REZ 02-013)
Applicant: Sunstone Realty Partners X, LLC
Request: RS-10 to RM-4
Tax Map Kev: 7-5-18:8
For your information, we are attaching Ordinance No. 03 18, amending the County Zoning Code,
changing the district classification from RS-10 to RM-4 at Waiaha ls~, North Kona, Hawaii.
Sincerely,
yCHRISTOPHER J. YUEN
t//~ Planning Director
Att.
cc%att: Department of Public Works
Department of Water Supply
Department of Land and Natural Resources-HPD
Civil Defense Agency
Department of Health
County Housing Agency
Parks and Recreation
Police Department
Fire Department
Planning Department -Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
Plan Approval Section
Sunstone Realty Partners, LLC
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~i~NTY~OF HAWS` a STATE OF HAWAII
?pp3~ 6 Aft In ~5 °
r ~ a,
: ` ''cP~ ~ ~-~K~fi BILL N0.3
(Draft 5)
ORDINANCE NO. ~3 18
AN ORDINANCE AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`LCOUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-10) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) AT
WAIAHA ls`, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY
7-5-18:8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-5, Article 8, Chapter 25 (Zoning Code) of the
Hawaii County Code, is amended to change the district classification of property
1
described hereinafter as follows:
The district classification of the following azea situated at Waiaha 1~`, North
Kona, Hawaii, shall be Multiple Family Residential (RM-4):
Beginning at the Northeast corner of this parcel of land, at a found pipe in
concrete at the junction of stonewalls on the Westerly side ofKailua-Keauhou Middle
Road, being also the Southeast comer of TMK: (3) 7-5-18:19, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "KAILUA"
(North Meridian) being 4,453.98 feet South and 2,261.66 feet East and running by
azimuths measured clockwise from True South:
Thence, along the Southwesterly corner ofKailua-Keauhou Middle (Walua)
Road, along the Northeasterly face of an old stonewall for the next forty (40)
courses:
1. 338° 41' 00" 12.13 feetto a pipe in concrete;
2. 320° 07' 45" 44.58 feet to a rebaz and cap;
3. 317° 33' 30" 35.63 feet to a rebaz and cap;
4. 316° 18' 00" 37.69 feet to a rebaz and cap;
1
5. 317° 02' 30" 86.63 feet to a P.K. Nail;
6. 330° 11' 00" 41.57 feet to a P.K. Nail in rock;
7. 320° 28' 00" 14.30 feet to a rebar and cap;
8. 312° 08' 30" 12.31 feet to a rebaz and cap;
9. 313° 19' 00" 20.54 feet to a rebaz and cap;
10. 309° 42' 30" 14.59 feet to a set pipe;
11. 292° 17' 30" 41.09 feet to a set pipe;
12. 287° 11' 10" 77.63 feet to a rebar and cap;
13. 295° 43' 00" 23.72 feet to a rebar and cap;
14. 302° 08' 00" 102.67 feet to a rebaz and cap;
15. 294° 37' 30" 42.76 feet to a rebaz and cap;
16. 304° 36' 00" 15.17 feet to a rebar and cap;
17. 308° 27' 00" 36.26 feet to a rebaz and cap;
18. 305° 35' S0" 144.22 feet to a rebar and cap;
19. 322° 45' 30" 67.45 feet to a rebar and cap;
20. 329° 35' 00" 73.37 feet to a rebar and cap;
21. 34I ° OS' I S" 21.14 feet tc a found pipe;
22. 335° 57' 35" 26.49 feet to a set P.K. Nail in rock;
23. 335° 56' 00" 77.76 feet to a rebaz and cap;
24. 339° 12' 330" 29.52 feet to a found pipe;
25. 323 ° 04' 30" 29.17 feet to a found pipe;
r,
2
26. 321 ° 55' 20" 47.90 feet to a found pipe;
27. 320° 57' 10" 61.16 feet to a found pipe;
28. 307° 1'7'10" 29.93 feet to a set pipe;
29. 313° 51' 00" 83.80 feet to a found pipe;
30. 305° 32' S0" 10.43 feet to a found pipe;
31. 295° 56' 30" 44.71 feet to a found pipe;
32. 298° 49' I5" 15.74 feet to a found pipe;
33. 298° 47' 00" 20.40 feet to a found pipe;
34. 286° 37' 00" 16.93 feet to a rebaz and cap;
35. 295 00' 00" 22.01 feet to a rebaz and cap;
36. 289° 28' 30" 25.18 feet to a rebaz and cap;
37. 300° 59' 00" 23.54 feet to a found pipe;
38. 290° 14' 00" 19.07 feet to a set P.K. Nail in concrete;
39. 293° l5' 00" 32.65 feet to a set P.K. Nail in rock;
40. 298° 41' 00" 31.01 feet to a rebaz and cap;
Thence, along an old stonewall (rebuilt in places), along Kona Lani Subdivision
(along Grant 5327 to Samuel Liftee) along Waiaha 2"d for the next twenty (20)
courses:
41. 68° 49' 00" 63.53 feet along Lot 29 to a found nail;
42. 79° 34' 00" 2.89 feet along Lot 29 to a found pipe;
43. 76° 13' 00" 66.56 feet along Lot 27 to a found spike;
44. 69° 04' 30" 8.43 feet along Lot 27 to a found pipe;
3
45. 70° 51' 30" 65.49 feet along Lot 25 to a point;
46. 75° 48' 00" 9.76 feet along Lot 25 to a found pipe;
47. 76° 00' 25" 74.49 feet along Lot 23 to a point;
48. 75° 59' 00" 8.44 feet along Lot 21 to a point;
49. 70° 45' 00" 90.28 feet along Lots 21 and 19 to a point;
50. 66° 22' 30" 48.26 feet along Lot 19 to a point;
51. 71 ° 33' 00" 3.65 feet along Lot 19 to a point;
52. 71 ° 20' 45" 75.20 feet along Lot 17 to a found pipe;
53. 71° 25' 35" 74.74 feet along Lot 15 to a found pipe;
54. 72° 53' 40" 24.78 feet along Lot 13 to a point;
~55. 77° 03' 00" 62.89 feet along Lot 13 to a found pipe;
56. 77° 45' 00" 35.17 feet along Lot 7-A-1 to a point;
S7. 74° 52' 30" 112.71 feet along Lot 7-A-1 to a point;
58. 69° 59' 00" 106.64 feet along Lot 7-A-1 to a found pipe;
59. 69° 53' 00" 27.02 feet along Lot 3A to a point;
60. 70° 00' 00" 46.92 feet along Lot 3A to a found spike;
'Thence, along TMK: 7-5-18:03, along the rernainder of R.P. 1930, No. 3 to Asa
Thurston, a por. of L.C. Aw. 387, Part 4, Sec. 2 to American Board of
Commissioners for Foreign Missions for the following three (3) courses
61. 150° 48' 38" 22.07 feet to a point;
62. 157° 49' 45" 58.67 feet to a found spike;
63. 70° 04' 30" 154.03 feet along the Northerly side of R.P. 6672,
4
L.C. Aw. 7241 to Kalama to an old found
spike;
Thence, along the Easterly side of Alii Drive, along a curve to the right having a
radius of 1,407.70 feet, the chord azimuth and distance being:
64. 167° 50' 18.5" 181.02 feet to a set P.K. Nail in West face of
stonewall;
65. 171 ° 31' 30" 119.80 feet along the Easterly side of Alii Drive to a
found pipe;
Thence, along the middle of an old stonewall along L.C. Aw. 6699, Apana 2 to
Lumaawe for the next nine (9) courses;
66. 264° 47' 20" 15.12 feet to a rebaz and cap;
67. 279° 38' 30" 5.32 feet to a rebaz and cap;
68. 266° 58' 00" 24.85 feet to a rebaz and cap;
69. 254° 59' 30" 22.77 feet to a rebaz and cap;
70. 248° 26' 30" 6.81 feet to a set P.K. Nail in wall;
71. 207° 59' 00" 18.54 feet to a P.K. Nail in wall;
72. 198° 22' 30" 22.20 feet to a rebaz and cap;
73. 182° 33' 00" 9.12 feet to a rebaz and cap;
74. 166° 30' S0" 76.90 feet to a found pipe;
Thence, along TMK: (3) 7-5-018-010, the remainder of R.P. 1930, No. 3, L.C.
Aw. 387, Part 4, Sec. 2 for the following two (2) courses:
75. 259° 48' S0" 34.84 feet to a rebaz and cap;
76. 171 ° 31' 30" 125.76 feet to a P.K. Nail set in existing fence post;
Thence, along Parcel A (Waiaha Bay Sewage Pump Station Site), along the
remainder of R.P. 1930, No. 3, L.C.Aw. 387, Part 4, Sec. 2 for the following three
5
(3) courses:
77. 261 ° 31' 30" 63.36 feet to a rebaz and cap;
78. 171 ° 31' 30" 225.00 feet to a rebaz and cap;
79. 81 ° 31' 30" 192.56 feet to a rebaz and cap;
Thence, along the Easterly side of Alii Drive, along a curve to the left having a
radius of 5,754.70 feet, the chord azimuth and distance being:
80. 166° 49' 20" 504.82 feet to a found pipe at wall junction;
81. 253° 04' 00" 223.20 feet along the middle of an old stonewall to
the point of beginning and containing an
area of 18.946 acres, more or less.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference
made a part hereof.
I 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.
vA. The applicant, successors or assigns shall be responsible for complying
with all of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the
6
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this
ordinance.
Final Plan Approval for the proposed multiple family residential
development and its related improvements shall be secured from the
Planning Director in accordance with the Zoning Code, Sections 25-2-71
(c)(3), 25-2-72, 25-2-74 and 25-4-12 within five (5) years from the
effective date of this ordinance. Plans shall identify proposed structures,
lire protection measures, access roadway(s) and driveway(s), parking
area(s) and landscaping associated with the proposed development. The '
landscaping plan shall meet the goals and objectives of the Kailua Village
Special District. j
~D. Primary access into the project site from Ali`i Drive and Walua Road shall
meet with the approval of the Department of Public Works and shall
contain, at a minimum, 40 feet of vehicle storage and aturn-around area
outside of the County rights-of--way.
The applicant shall provide the following improvements to roadways in
the immediate vicinity of the subject property, in a manner as required by
the Department of Public Works, to ensure the proper mitigation of
impacts to traffic that will be generated by the proposed development.
These roadway improvements shall be completed and dedicated to the
County of Hawaii prior to the issuance of a certificate of occupancy for
any portion of the proposed residential development:
1. Improve that portion of Ali'i Drive and Walua Road in the
immediate vicinity of the project site to collector street standards.
7
2. A left turn storage lane or other appropriate improvements to
facilitate left-turn movements into the proposed development from
Walua Road shall be installed at the project's Walua Road
driveway entrance. Left turns into the project site at the Alii Drive
driveway entrance shall be prohibited.
3. The improvements on Walua Road shall consist of curb, gutter and
sidewalks along the mauka side and paved swales on the makai
side including drainage improvements and necessary relocation of
utilities. Alii Drive improvements shall include paved shoulders
along the mauka side of Alii Drive.
4. At the Walua Road and Kuakini Highway intersections, a median
refuge lane may be installed along Kuakini Highway, if required
by the Department of Public Works.
5. The applicant shall provide twenty public parking stalls and
restroom facilities along the mauka side of Alii Drive and on the
County's Sewer Pump Station to accommodate the public's use of
Waiaha Bay. There shall also be adequate space on the project site
for an additional twenty pazking stalls for future development.
6. The applicant shall provide all necessary markings and safety
devices necessary to ensure a safe Ali'i Drive mid-block crosswalk
from the proposed public parking area/restroom facilities to
Waiaha Bay.
8
1
F. The applicant shall ensure that the mauka-makai interior access roadway
through the project site shall be available to the general public for
emergency evacuation purposes. This requirement shall be incorporated
within an evacuation plan for the proposed residential development that
shall be approved by the Civil Defense Agency prior to the issuance of a
certificate of occupancy for any portion of the proposed multiple family
residential development.
G. A drainage study ofthe project site and immediately surrounding area,
including an assessment of a proposed storm sewer to be located within
project site as recommended by The Master Plan for Kailua-Kona, shall be
conducted by the applicant and approved by the Department of Public
Works, prior to the submittal of plans for Final Plan Approval Review.
Drainage improvements within the project site, if required, shall be
constructed meeting with the approval of the Department of Public Works
prior to the issuance of a Certificate of Occupancy for any portion of the
multiple family residential project.
H. The applicant shall sewer this project and connect to the County sewer line
on Alii Drive. The applicant shall also stub out a sewer connection across
Walua Road to the property mauka of Walua Road prior to or in
conjunction with making the shoulder improvements required in
Condition E(3).
/ I. The applicant shall submit a Solid Waste Management Plan for the
V development to the Department of Environmental Management for its
review and approval. A copy of the approved Plan shall be submitted to
the Planning Department prior to the issuance of Final Plan Approval.
9
This plan shall encourage the use of recycling and minimize the use of the
County Landfill at Puuanahulu.
J. A drainage study shall be prepared, and the recommended drainage system
shall be constructed in a manner meeting with the approval of the
County's Planning Department in consultation with the Departments of
Health and Public Works, prior to the establishment of any use within the
project site. The applicant shall design mitigation measures to contain
spills and prevent any material from leaching or draining into the ground.
Project site dry wells, or drainage systems as part of the drainage study
shall contain, at a minimum, drywell systems that aze designed with a
debris catch basin before flowing into the drywell. Oil and water
separators will be required on those properties where petroleum products
are anticipated to be utilized.
1
K. An Archaeological Preservation and Burial Treatment Plan shall be
submitted for the review and approval of the Planning Director, in
consultation with the Department of Land and Natural Resources-Historic
Preservation Division (DLNR-HPD). Proposed mitigation treatment for
the burial sites within the subject property shall be approved by the
Historic Preservation Division's Hawaii Island Burial Council before
detailed mitigation plans are finalized for these sites. A copy of the
approved Final Archaeological Preservation and Burial Treatment Plan
shall be submitted to the Planning Director for its files prior to submitting
plans for Final Plan Approval review or prior to the issuance of any land
alteration permits.
L. Should any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered,
10
work in the immediate area shall cease and the Department of Land and
Natural Resources -State Historic Preservation Division (DLNR-SHPD)
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-SHPD when it finds that
sufficient mitigative measures have been taken.
q M. To ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented, the applicant shall comply with the
requirements of Chapter 11, Article 1, Hawaii County Code relating to
Affordable Housing Policy. This requirement shall be approved by the '
County Housing Agency prior to final subdivision approval of each '
increment.
N. The applicant shall make its fair share contribution to mitigate potential
regional impacts of the subject project with respect to roads, parks and
recreation, fire, police and solid waste disposal facilities. The amount of
the fair share contribution shall be the sum which is the product of
multiplying the number of multiple family residential units proposed to
be developed by the amounts allocated hereinbelow for each such unit,
and shall become due and payable prior to the issuance of the Certificate
of Occupancy for any unit on the subject property or its increments. If
the subject property is developed in two or more increments, the amount
of the fair share contribution due and payable prior to final subdivision
approval of each increment shall be a sum calculated in the same manner
according to the number of proposed multiple family residential units in
each such increment. The fair share contribution, in a form of cash,
land, facilities or any combination thereof, acceptable to the director in
consultation with the affected agencies, shall be determined by the
11
County Council. The fair share contribution shall have a maximum
combined value of $5,054.07 per multiple-family residential unit. Based
upon the applicant's representation of intent to develop an additional 117
units for a total of two hundred (200) multiple-family residential units,
the indicated total of fair share contribution is $591,326.19 for multiple-
family residential units. However, the total amount shall be increased or ,
reduced in proportion with the actual number of units according to the
calculation and payment provisions set forth in this Condition N. The
fair share contribution shall be allocated as follows:
1. $2,493.03 per multiple-family residential unit for an indicated
total of $291,684.51 to the County to support park and
recreational improvements and facilities;
2. $78.79 per multiple-family residential unit for an indicated total
of $9,218.43 to the County to support police facilities;
3. $242.37 per multiple-family residential unit for an indicated total
of $28,357.29 to the County to support fire facilities;
4. $108.03 per multiple-family residential unit for an indicated total
of $12,639.51 to the County to support solid waste facilities; and
5. $2,131.85 per multiple-family residential unit for an indicated
total of $249,426.45 to the State or County to support road and
traffic improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone,
based on the percentage change in the Honolulu Consumer Price Index
(HCPI). In lieu of paying the fair share contribution, [he applicant may
construct and contribute improvements/facilities related to parks and
recreation, fire, police, solid waste disposal facilities, and roads within
12
the region impacted by the proposed development, subject to the
approval of the director. The cost of providing and constructing the
improvements required in Conditions D, E and F shall be credited
against the sum specified in Condition N (5) for road and traffic
improvements. The cost of providing and constructing the improvements
. required in.Cpnditign E (5) shall be credited against the sum specified.in _
Condition N (1) for parks and recreation improvements. For purposes of
administering Condition N, [he fair market value of land contributed or
the cost of any improvements required or made in lieu of the fair share
contribution shall be subject to review and approval of the director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by ~
the director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair shaze and/or in lieu
contributions, as allocated, and further implementation requirements.
O. The applicant shall contribute to the development, funding, and/or
construction of school facilities, on a fair-shaze basis, as determined by the
1 Planning Department in consultation with the Department of Education,
prior to the issuance of a certificate of occupancy for any portion of the
proposed residential development based on the demographics of the
project. Terms of the contribution shall be agreed upon in writing by the
applicant and the Planning Department prior to the issuance of building
permits for any portion of the proposed development.
13
P. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies, including those of the Department of
Health and the Fire Department.
Q. 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.
R. 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 aze 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).
e
14
5. 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.
S. Should any of the conditions not be met or substantially complied with in
a timely fashion, the Director may initiate rezoning of the subject area to
its original or more appropriate designation.
SECTION 3. In Che 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.
INTRODUCEIa BY:,
COUNCIL MEMBER, COUNTY OF HAWAII
Ililo ,Hawaii
Date of Introduction: January 23, 2003
Date of 151 Reading: Jarniazy 23 , 2003
Date of 2nd Reading: Febxvary 5 , 2003
Effective Date: February 20, 2003
15
O _ _ \ N
T _ _PoNi Vi Gy RM-L25_ -
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V-.75 ~~G9 ~?f0
s-7 . ~G~ SINGLE-FAMILY RESIDENTIAL (RS-10) TO
- .y,~ MULTIPLE FAMILY RESIDENTIAL (RM~I)
F~ nRen = fe.Be6naes
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~ RS-f0
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p 500 1000 7500 2000 Feet
AMENDMENT TO THE ZONI NG CODE
AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP) ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10)
TO MULTIPLE FAMILY RESIDENTIAL (RM-4)
AT WAIAHA 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAI I
TMK :7-5-018:008 August 23, 2002
EXHIBIT "A" (SUNSTONE REALT1=:1072)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
DRAFT 5
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd AY.:ES.: , 1VQES; ; ; gB~j 7 EX
Datelntroduced: January 23, 2003 Arakaki X
First Reading: January 23, 2003 Chung ~ X . .
Published: February 2, 2003 Elarionoff X
Holschuh X
REMARKS.• Jacobson X
Leithead-Todd X
Reynolds X
• Safarik X
Tyler X
B 0 1 0
Second Reading: February 5, 2003 ROLL CALL VOTE
To Mayor: February 11, 2003 AYES NOES ABS EX
Returned: February 21, 2003 Arakaki X
Effective: February 20, 2003 Chung X
Published: March 2, 2003 Elarionoff X
Holschuh X
REMARKS: Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
8 0 1 0
I DO HEREBY CERTIFY that the•foregoing BILL was adopted by t County Council published as
indicated above.
APPROVED AS TO ,
FORM AND LEGALITY:
NC/L CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
C NTYCLERK
Date '-fit 3`v 1
3 (Draft 5)
Bill No.:
~ C-18.16/PC-3
pprore DirapprnredThis ~ day Reference:
of r~ , 10 U'> Ord No.: ~3
AYOR, C NTY OF HAWACI
OCT-pe°2004 04:02PM FROM-U. S. PACIFIC INC. +l-BO6°524-6603 T-476 P.003/009 F-141
1 /
0{ WIIf*J
" DEPARTMENT OF WATER SIJPPLY COUNTY OF HAWAII
345 KEKUANAOA STREET, SURE 20 • HILO, HAWAII 96720
by °f x/w~~~'
a
TELEPHONE (908)961-8050 eaX (808) 96f•665>
hate 6, 2003
Sunstone Realty Par(ners X LLC
1001 Bishop Street, Suite 1250
Honolulu, HI 96813
CHANGE OF zONE APPLICATION (I2EZ 02-013)
TAX MAP KEY 7-5-018:008
Tlris is to acknowledge receipt of the required $29,850.00 water commitment deposit for the subject
application. We are enclosing Receipt No. ?35407 in the amount of $30,000.00 for your files and will
refund the $150.00 water commiment deposit over payment under a sepazate cover.
In accordance with the Aepartment's "Water Commitment Guidelines Policy,'.' a water commitment for
the proposed development in the amount of 119,400 gallons per day, or 199 additional units of water at
600 gallons per day per unit, is hereby granted until May 31, 2006, with the following conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. extension of approximately 600 feet of 8-latch waterline from the existing 8-inch
waterline within the northern third of the property to the end of the existing 8-inch
waterline along Walua Road frenting Tax Map Key 7-5-018:007, Lot F, and
approximately 880 feet of 8-inch waterline from the end of sn existing 8-inch waterline
along Wa1ua Rosd frontutg Tax Map. Key 7-5-O1 S:OI 7, Lot C, tc the existing R-~ch
waterline at the junction of Walua and Luuapule roads, and
b. a service lateral that will accommodate an appropriately sized master meter to'the
proposed multi-family development.
Submit installation plans prepared by a professional engineer, registered in the State of Hawaii,
for review and approval.
2. Remit the prcvailuig facilities chazgc- balance and capital. assessment fee, which are subject to
change, of $1,065,840.00 and $99,500.00, respectively, as presented below:
Facilities Charge (FC):
Onc 1"unit at $].,190.00 $1,190.00
199 additional units at $5,500.00/unit 1,094,500.00
Total FC :e tt t $1,095,690.00
q. I/f/ccEer dr~r~~~rrocd.r29a...
OCT°00°%004 04:O~PM FNOIA°U.5. PACIFIC INC. ~Im008-524°0803 T°470 P.004/009 F°141
i
Sunstone Realty Putners X LLC
Page 2
Tune 6, 2003
Water Commitment Deposit Credit (WCD):
199 additional units at $150.00/unit { 29 850 00)
Facilities ChargeBalanee $1,065,840.00
Capital Assessment Fee (CAF):
199 additional units at $500.00/unit $ 99 SOO 00
Total FC }3alance and CAF Amount $1,165,340.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
3. Should it be necessary, submit the appropriate documents, properly prepued and executed, to
convey the water system improvements and necessary easements to the V?ater Board of the
County of Hawaii prior to final subdivision approval being granted. A registered land surveyor
shall stamp and certify the metes and bounds description within the conveyance documents.
However, prior to water meter services being granted to the development, or any lots within,
the conveyance documents shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water conunitment, at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies, and Rules and Regulations.
Please be informed, the above facilities chuge of $1,190.00 for the first unit, or lot, and the $5,500.00
for each additional unit, or lot, will become effective July 1, 2003.
Should a water cornrnitment time extension be required after the expiration date of May 31, 2006,
please remit the correct water commitment deposit of $29,850.00 at $150.00 per unit for the 199
additional units.
For yore information, Subdivision Application No. 2000-0134 is on file with the Planning Department
and our office and should be voided to proceed effectively with this project.
Further, we suggest that you consult with the Fire peparunent of the County of Hawaii for fue
protection requirements.
ACT~08°2004 04:03P~1 FROM°U.S. PACIFIC INC. +1°806-5246806 T~476 P.005/006 F-141
i
SllnstOnc Realty Partners X LLC
Page 3
June 6, ?003
Should there he any questions, please contact our Water Resources and Planning Branch at 961.5070.
Sincerely yours,
\l
Mil on D Pavao, P.E.
M ager
WA:dms
Enc.
copy -Planning Department
Customer Service Sections (13i1o, Waimea, and Kona)
OCT-OB-2004 04:03P~1 FR011-U.S PACIFIC INC. +1-900-514-6903 T-476 P 006/009 F°141
.
I -
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OFFICIAL RECEIPT
DEPARTIlAE9dT OF IPVATER SUPPLY
COUNTY OF HAWAII APPLICATION NO.
•1 ~ ~ NORVICE DATE ~ ~/D~
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METER RAYE
PENALTY
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SERVICES
METER
FACILITIES N
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NOV-O1-2004 02:23PM FROM°U.S. PACIFIC INC. +I-BOB-524-6803 T-098 P 004/004 F-I41
t
MYV nt.
Hairy Kim ui•~ Christopher J. Yuen
Mnyar ~ Director
- Roy R- Takzmoto
N<, ~ Deputy Dirrotvr
O,~M•i'
County of Hawaii
NI.ANNING llEPARTMENT
25 Aupum Street, Itoum 109 Hilo, Huwaii 96720.4252
(ROx)961-8288 • Fix (R08)9h1-8792
July 9, 2003
Mr. Curtis D. DeVJeese, Managinl; Director
StmStone Realty Partners X LLC
1001 Bishop Street, Suite 1250
Pauahi Tower
Honolulu, H1 95813
Dcaz Mr. DeWeese:
REVISED PLAN APPROVAL APP1.lED FOR:
200-unit Multiple Family Residential Complex
Alit Cove at Honl's Beach
TM1C: 7-5-18: 8; Waiaha 1st, Norrlt Kona. Hawaii
We have reviewed and approved the revised plans for the subject improvements for REVISED
FINAL PLAN APPROVAL. Enclosed is a copy of the REV1S E.D FINAL PLAN APPROVAL
dated July 9, 2003, for your file,
Please direct your attention to Page 2 of the REVISED FINAL PLAN APPROVAL document
which contains conditions of approval which must he complied with prior to issuance of a
certificate of occupancy for any pt)nion of the proposed residential development.
Should you have any questions, please contact Datyn Arai of our Office at 961-8288,
Sincerely,
HRIST HER J. YUEN
latming Director
DSA:da
P:\WpwiitGO\dsa\2003\L.AIiiCovePA7.5~~ 1 S-Srzvised.doc
Enclosure
c w/PA' West Hawaii Office
NOV-O1°2004 02:23P13 FRA~1-U % PACIFIC INC. +1-808°524-6903 T-098 P.002/004 F°141
J
COUf1TY PLANNING DEPARTMENT
R 7: V 13 E D F I N A L
P 7~ A N A P P R O V A L
Applicant: SunStone Realty Partners X LLC Date: July 9, 2003
Tax Map Key: 7-5-018:008 Location: North Kona
Proposed i1se: 200-unir_ Condominium Complex (Alii Cove) & restroom
& 20-stall parking facility at Waiaha Pump Station
Zone: RM-4 Project Area: 18.946-acres
As Shown on Plan Comments
Front Yard(Alii) > 25'-0" OK-Min 20'-0" + 5'-0" ROW widen
Front Yard(Walua) > 25'-0" OK-Min 20'-0" + 5'-0•' ROW widen
Side Yard (north) > 12' 0" ,OK-Min. e' one story + 2~add'1 etorv
Side Yard(south) > 12'-0"
Ht. of Structure max 30'-6" OK-Maximum 45'-0" permitted
Access Co parking 1 new driveway OK-DPW approval YeC~u l.red
access off of both Alii Drive
and walua Road
Off-Street Parking 438 stalls OK-200 units x 1.25/unit=250 stalls
(200 regular) 167 reg_ stalls minimum
(204 compact) 83 compact stalls maximum
( 27 quest)
7 accessble oK- 7 stalls req'd
Note: 20 paved stalls on Pump
station site with additional
area for 20 future stalls on
subject property (Ord. 03-18)
Loading and
Unloading space one la' x. 22' OK-two loading recta (one each of
and one 12' X 50' l0' and 12' wide loading areas
Density 200 units OK-825,287 sf/4000=206.3 units
Fencing: Material N/A __Y
Height
Location
Landscaping 56e of buildir~9 site OK-plans by Pacific Atelier Int'1
NOV~O1-2004 02:%3P~1 FR0~1°U S PACIFIC INC- +1°606-624-6803 T-OBB P-003/004 F-141
Others Tax Clearance OK-
KVDC_ Hearing-August 27, 2002 Recommend denial due to concern
_ regarding densit increase open
space & setbacks, impact to Waiaha
Bay, ^cookie cutter" desi n and
consistency with Master Plan for
Kailua-Kona
Conditions:
1. Approved off-street parking shall be paved and striped .prior to_
issuance of certificate of occupancy for any portion of the
residential complex.
2. Landsca ing shall he installed prior to issuance of certificate
of occupancy. Landscaping shall conform with the minimum
requirements of Planning bepartment Rule No. 17.
3. The applicant shall work with the Department of Public Works to
ensure safe ingress. and egress from the subject property onto
Alii Drive and Walua Road, including a minimum of 40 feet of
vehicle storage and_turn around area outside of the County right
of ways.
4. Install signs, mark.inga or physical barriers at the project site
Alii Drive entrance: to restrict left turn movements into the
the project site from Alii Drive in a manner meetin with the
the approval of the: Department of Public Works.
5. Parking stalls alor~q Alii Drive fronting Waiaha Pump Station
shall maintain a minimum back-up aisle width of 14 feet from
edge of parking st~.ll to white line defining travel lane.
6. The recommendation:; of the Disability and Communication Access
Hoard shall be comF~lied with relating to improvements associated
with the construction of accessible parking spaces and sidewalks
and restroom facili~adjacent to the Waiaha Pump Station.
7. Comply with the _recuf irements of Chafe of_Zone Ordinance
~No. 03-18 and Special Management Area Use Permit No. 426.
8. The mauka-makai puk~lic access pathway along the northern
boundary of the suk~ject properly shall remain open for public
use durin da li_ht. hours from sunrise till a half-hour after
sunset.
lanni g Director
Date ~L~~4~
PD 11/99 (MsWOrd)
NOV-O1°2004 04:lIPM FROM-U S. PACIFIC INC. +1-606-524-6603 T°106 P.002/011 F-157
`tiov 01 04 03:54p Kokua Contract B.Preject M 808-326-6044 p,l
Kokua Contracting and Project Management
74-5606 Pawai Place Suite 200 Kai)ua-Kona, Hawaii 96740 ` -
Fax Transmittal /
Tc Fro
Name: CurtDeWeese Name: SteveMachesky
Company: SunStone Realty Partners X LLC
cc: Phone: (808)3266043
Phone: (808) 532881 ext. 235 Fax: (808) 3266044
Fax: (B08) 5248803 Email: kokuacontrading~kcpm.net
Re: Civil Sheet/title
® For Your Information Date Sent: 11/1104
? For Review and Appro Time Sent: 3:51 PM
? Ptease Comment Number of pages inGuding cover page: 3
? Please Repl
Aloha Curt,
i'
I hope this is•helpfull
Balbaya• ~ t1
~ ~ J
;l ~
NOTE: CONFIQENTInuTV. The information containetl in this fax message rs intentletl only fu the personal
and conrgantlal use of the designated recipients named above. If tke reader of this message is not the
intended reclpieM or an spent responsible fw the delivery t0 the Intentletl recipient, you are hereby netifled that
you have received this document in error, and that any review, dissominellon, tllstripution, or copying of this
message is sMOtty pr0hlbaed. If you have reoeived thk: communieelion in error, please notify us Immetllately
by telephone and velum me original message to us by maa. Thank you.
NOV-01-2004 04:I3PIA FROl,1-LLS PACIFIC INC. +I-60B-5t4-6803 T-106 P.O10/011 F-i5T
~ ~ IYov ?1 04 D3: 54p Kakua Contract dProjoct M 808-326-6044 p,2
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NOV-01-2004 Ad:I3PM FROM-U.5 PALM(' INC +I-B08-524-6803 T-106 P OII/011 F-I57
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Mooers Enterprises, LLC FAX
~ P.o. soX llot
Kamuela, Hawaii 96743
o: rom: - -
Civil Defense Gregory R. Mooers Date: 10/25/04
Attention: Neal Number of Pages: 4
Phone: (808)885-6839
Fax: (808) 885-1574
emarks:
Re: DRAFT Evacuation Plan for Alii Cove Condominium
Neal:
With this cover I am faxing you a draft of the evacuation plan. Please review and comment.
Thanks, Greg
ALII COVE
EVACUATION PLAN
RESIDENT MANAGER'S RESPONSIBILITIES
Tsunami Alert:
1. The on-site resident manager is the contact person and the responsible entity for
notifying all residents of a possible tsunami threat.
2. A tsunami "watch" is not an alert, but whenever you become aware of a tsunami
watch you should tune in a radio and keep yourself informed.
3. Read and memorize the Civil Defense information in the telephone book,
however our specific instructions might be somewhat different from the Civil
Defense general directions. In case of conflict, follow these specific instructions.
Know your evacuation routes, evacuation centers, etc.
4. All residents should evacuate the property through the Walua Road exit and
proceed up to Kuakini Highway outside the inundation zone. Confirm there are
no closed or locked gates that will prevent residents or members of the general
public from accessing Walua Road from Alii Drive through the project. Any
gates should be locked in the open position and any barricades removed.
5. First Alert (2 hours or more until ETA): Move all valuable or useful movable
equipment and appliances to the highest floor available. This will include
computers, office equipment, files, power tools and refrigerator.
6. 1'/z hours until ETA: All remaining residents should be assembled with the on-
site resident manager for instructions.
a. Advise them of immediate mandatory evacuation.
b. Assign those without transportation to join those with surplus capacity.
c. Instruct everyone to take special medications, their easily portable
valuables, extra clothing, bedroll, radio, flashlight, non-perishable food,
infant necessities, personal toilet article s and sanitary needs, water and
first aid kit.
d. They should completely close up and lock their units and leave as soon as
possible.
e. A record should be kept of all tenants that could potentially need
assistance to evacuate because of age or physical challenges. Determine if
there are any invalids or others needing assistance, assign help for these
individuals.
f. Begin loading your own personal evacuation items listed in (c.) above.
7. 1 hour until ETA: All the buildings should now be evacuated except for
management personnel. Quickly check all units and lock any open doors. Turn
off gas, water and electricity. Leave the property.
S. '/z hour until ETA: You should be out of the project and up to Kuakini Highway
by this time.
The above procedures imply adequate notification and help. Do not compromise safety
for personal property. If there is short notice, pull the alarm and get the residents out as
quickly as possible and leave yourself. If there is adequate time and help, keep in mind
that it may be a few says before you are allowed to return to the project.
Hurricane/ Tropical Storm Guide:
1. The on-site resident manager is the contact person and the responsible entity for
notifying all residents of a possible tsunami threat.
2. A Hurricane Watch is issued whenever there is a good possibility of hurricane
conditions occurring anytime within 36 hours. This is the time to take actions and
prepare for evacuation of the property.
3. A Hurricane Warning is issued when there is a high probability of hurricane force
winds, damaging surf, and floods occurring anytime within 24 hours. It is
stressed that advance warnings may not be possible for specific areas and you
must stay on the alert and complete all safety precautions once hurricane warnings
are issued.
4. Read and memorize the Civil Defense information in the telephone book,
however our specific instructions might be somewhat different from the Civil
Defense general directions. In case of conflict, follow these specific instructions.
Know your evacuation routes, evacuation centers, etc.
5. All residents should evacuate the property through the Walua Road exit and
proceed up to Kuakini Highway outside the inundation zone and to the evacuation
center. Confirm there are no closed or locked gates that will prevent residents or
members of the general public from accessing Walua Road from Alii Drive
through the project. Any gates should be locked in the open position and any
barricades removed.
6. First Alert (2 hours or more until ETA): Move all valuable or useful movable
equipment and appliances to the highest floor available. This will include
computers, office equipment, files, power tools and refrigerator.
7. 1'/z hours until ETA: All remaining residents should be assembled with the on-
site resident manager for instructions.
a. Advise them of immediate mandatory evacuation.
b. Assign those without transportation to join those with surplus capacity.
c. Instruct everyone to take special medications, their easily portable
valuables, extra clothing, bedroll, radio, flashlight, non-perishable food,
infant necessities, personal toilet article s and sanitary needs, water and
first aid kit.
d. They should completely close up and lock their units and leave as soon as
possible.
e. A record should be kept of all tenants that could potentially need
assistance to evacuate because of age or physical challenges. Determine if
there are any invalids or others needing assistance, assign help for these
individuals.
f. Begin loading your own personal evacuation items listed in (c.) above.
8. I hour until ETA: All the buildings should now be evacuated except for
management personnel. Quickly check all units and lock any open doors. Turn
off gas, water and electricity. Leave the property.
9. '/2 hour until ETA: You should be out of the project and up to Kuakini Highway
by this time. Proceed to the identified evacuation center.
The evacuation centers for North Kona will be established by the Civil Defense
Department at the time the Hurricane Warning is issued.
Evacuation Centers in the North Kona area include Kahakai School and Kealakehe
Elementary and High School.
MOOERS ENTERPRISES, LLC
P.O. Box 1 1 O 1
KAMUELA, HAWAII 96743
March 28, 2003
-->O
II~
Vv
U
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Re: CHANGE OF ZONE APPLICATION (REZ 02-013)
REQUEST: SINGLE-FAMILY RESIDENTIAL (RS-10) TO
MULTIPLE FAMILY RESIDENTLAL (RM-4)
APPLICANT: SUNSTONE REALTY PARTNERS X LLC
TMK: (3) 7-5-18:08
Dear Mr. Yuen:
Please find enclosed a memorandum I received from the Solid Waste Division of the Department
of Environmental Management that approves our solid waste management plan as required in
condition I of our change of zone ordinance identified above.
We believe we have complied with the requirements of condition I and ask that you confirm this
compliance in writing. If you have any questions, or if additional information is required, please
contact me at 885-6839. Thank you for your prompt attention to this request.
Since ely,
~P~~.
Greg . Mooers
President
GRM:JY
enclosure
PHONE: (808) 885-6839
FAX: (808) 885-1 574
EMAIL: GMOOERS~HAWAII.RR.COM
NOV-Ql-2004 08:19AM FROM-U. S. PACIFIC INC.
r1-BOB-524-6803 t-076 P 002/003 F-101
Sent By: Willocks construction Corporeti; 8DB-9132.9091; Sep-22-03 16:36•
_µ•6-2i=2b~D3 02:IfiPN PlON•U•S. PACIFIC INC. ~l•ODO.621-6tla3 ~-~o. a'..,,.,._. Page 4/s
- Aup29~lOOi O1riJos Frar'liAiB Nistaris P?roervtltion IDB tlsY 9010 T'9!2 P.oOt/tl9! P-!1!
erwsrma
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d w ~M~41mwnMR~
r
s'rare of tlu?Wall
oepaltttlAettr aF uurn ~?ta raTUwu.ltr~ouas~s w.o..,~,,,
wltcronlc t+t~f7arlgtoN oNtsao?t
w~wmaeaNa puuaa,a, nuoNSan
so+ wuwrnueaxa:warra srnryu.
August ?9, Z•003 lu~vo~m• rN9nun earot
Ix. AlanSiaun
Fl'nun B Atlsoeiotes
I~CR 113trr4730 LOt37V0-. Y009,1ti11
Keaa~ Hawaii 96749 bOC NO: 030BpD„[133
pearDr.I•lauo:
F3D$JECI`. CWpeer 6&~ HuLotic Preacrvstion Rnviea
Report Z97-1Dt2S03---"'src6soological M~seioorasg yMa A1i'1 Coro
Devdopme4t Wata W 1's, lYareh ICaua District !eland o[Hawaif"
(Sam an/ 11(al?y 7!003)
Thaait you for the oppotpway oo t~view and oamtnott m tho suEijoot Pin, whleh was faxed m
our o~co on Avgrut 25,10u3. TM p{s» was dewnloPed in eanstr)tadon with rslsr t>gioe ~Aowillg
the Aiseoyety ofbuman tenoun at tlsree sites (15517, 21996,121169) during ehe rtmady
oompletod data roaorwy fG.idarotk Au tbo Ali'i CoveDewdopmaa P~• 1'bo Pon has bgot
reviewed by sta!! it wtr urbao(ogy Ssaaeh and 9ur7a1 Sitoa
'i'he purpose oCths epoaitoeht0 plan is to mitigate t+qy poteraial adlro:ae ePFeers to Aiaporie
- ptopmtias dwipg gmta3d disbttbesr4o within rho 19-acre sul~ect patod. Ddotdtoring bas from
defined npcessaty Decauaa ofthe potasial of Ending additional iutnlatt tomait~s is the ysajaot
area Mamitorjng is the ar+aa of the burial slues vtiil i4wlve n wnduttador o>ecoamollec)
rlpehutiaal and matatal mceaVatipns as Sipes 15517 and 22069, wheto human tamalrs had 6eoa
prwiously d"iaptuariD~, m ensure slat additional tsmains, if preaetN; are not inodvettroldy
•
'fho draft Motritogng Plan eoetforms m ]aINR/SIdAD garidelines g~ovamitlg standards for
mottitnring pad inohtdes tiu following provisintu• An szduaobgist rill be oe ate an ¦ fort-pgte
basis and w111 have the authority to halt excavation in the eva~ that ctshtrr$ t+natarfaln eae
ideniiIIod. Add•?iieeal morwors wilt ba addal if aonattundou activity inwhrea mare dwt ane
plots ot-apuipnseas worlon8 aimukaneously at widetY spaced loeation% If>d~ti~imat
archtleologicpl tsarutias ais tbund during cgnsttuctiob Hawaii, ~D aril! be r:atsulrcd to
dcmrptine ar aocoptable ernuae of action. Tf huraar? burinis ane ideadsed, wotlc sw71 cpsa, the
Hawap SBFD offioa :sill be nodfied, aad cumpliavoe wish pmoedures eu0ltted la >il'B8 tiF-•43
• NOV-C1-1004 06:19AM FROM-U. S. PACIFIC INC. +1-BOB-5Z4-6803 T°076 P.003/003 p-Ipl
Sent 8y: Willoeks Construction Corparati; 808.982.9091;
---T Sep-22.03 16;36; Page 5/B
AIICj29-2097 OI:16Ph1 PROY-U.t PI1CIiIC INC. tl-90A•414-BA08 ~^ioa
~-cr^[ual+< ut:Iilpt Frr~iTATt Niltoric Preearratlan 6DD 6i2 BDZD 1-Y6i P.DD3/003 P•Z17
• A1aa Hm7n
raHa a
and Hawaii Adminiehative 1lules 13,300 will be BaUovned. In eitt+ar enn~stion, aons'ruaiw
activity w~l ba eUowed m awvo to Daher lomdinaa dutieg sde compliatian patiaQ Coordi>aamoar
aubmiUed to tlut ~
v~lbia 90 daysp~ect campl~on. nu aaeprable *e~ort
ll;si ibatl<r]I, Ifamana'o Ddclk, and YaedoxDdeCoy met haieEty on August 37,1003 m dlawsa the
rl~- '~Dr all believe +hat poumdal adverse e~8lets to si~ti~gaa bi7toric propa6es t6e All'I
Cove DerreLnpa+ant pnsjeet area will be miaigsaod ifihe 3Soeuoosia~ $latrh it~lemaitod as
w and auaams[iied above. 2Le yLn ,news enah ow appsaval whh tills ua~etatandi»g.
YFyau have aR9 queapena about rids prgJed please coraaa rqa' FJnwaii Island at+shaaologie4
Pe~rioicMeCoy, et 69a-8019 or oiarruaenneut spewltsr, Kalnsaa'O Mlle at 46~ 0010
regaMigg tnrrid iS9uea.
Aloha.
P. Ho1l;Y MaEtdoprney, Adiag JRdminittraaot
8tateFSstcaio Preservation 1Liviaign
G testis Yuen, County otHuaraii Plaming.t]epalcnaacrc
tfstact)es, CouotYofHxweilbgpuvtxasotPdbllcWor]s
Ran~?a'o D61t1 SFII'D 8aaial Sites Aogran
hair. HaNei-i Ialmd Social Lbanpl
1'Mak
OCT-09°2004 04:02PM FROM-U.S. PACIFIC INC. +1-806-624°6803 T°q76 P.002/009 f-141
Oa/05/03 FRI 14:21 FAX 8088828J4a Haan & Selco Q 001
I'
r ~ PETBR T. NUUN ~
UNaR LINGIE . R°gp°°puNe~pN~Ttm~,y, RERa1NCEB
COYYRX°R °PfNMNI C°u"isetlN OR NMTlR 8R°°WCEYYTY°RIBIT
eAN nAVIPSON
DlPUtt dRlp°R-INIG
py ~ aaR1~01gRTPi1vR-~u
,Y b ~°W~IC REB°YRppB
$$t awrr,~c nRO °cEnNReCRGnon
CoNW838W °RwrTBp PERaweE YNY.eBABIi
STATE OF HAWAII °""°""°"`°"'~1nNC00
DEPARTMENT OP LANG AND NATURAL RESOURCES °oxsmw"r°~q~~
m
o~rc~ eRl
F°RFSTpVU~rovr~.fE
,gre HISTORIC PRESERVATION DIVISION RIST°aRpREiERWtpN
KAKUHIHEWA BUILDING. ROOM 665 ~n°aAV+E~auw~peF,pvec°u,.~ewo8
607 KAMOKILA BOULEVARp ar.~ruoa
KAPOLEI, HAWAII 96707
August 29, 2003
Dr. Alan Haan
Haan 8: Assttciatee
1ICR 1 BoX 4750 LOG NO: 2003.1510
Keaau, Iiawan 96749 DOC NO; 0308PM15
Dcsr Ar, llaun;
SIIBJECT: Cbaptcr 61E-az Historic Preatxvstion )Review
Cowpletton of Duta l3eeovery Fieldwork-Ali'i Covc Development
Waiaha, North Rona, Sawail Yaland
Tt+rt3L (317-5-18.08
Thank you for your letter of Augur[ 10, 2003 mgatdingthe completion af'data cecovary fieldwork ut the Ali'i Cover
Development project arcs. Your letter iadndes a table that stwmariaes the excavations at eight sites.
We balievo that the excavations conducted at the tight sites fulfilled the scope of work in the approved Data
RecoveryPlan fnt this pmJaa The summary table notes the finding ofhilman t>:massts at three sites (15517, 21996
and 22069} A Burial Mitigation Plan has already beta implemerted for the inadvattently discovered tctrtaine at
these sites.
A Preservation Plan and Burial Tteattrtent Plan have also btxla developed and apptnved for the Ali'i Cove
Developman~ Norntally, constnlctioa would be allowed to proceed at this point, but the discovery of human
rctttains during daft rzcovery has rnclLLtad in the need to develop and implettlant a Monimriag Plan [o ndtig,9tc any
potential adverse effects to historic sites and burials >n the project area A draft Monitoring Plan was submitted to
our office on August 25, 2003 and is cemently under review-
N yo4 have any questions about this project please contact our $awaii Island archaeologJs~ Patrick McCoy, at 692-
8029, ro assistant ]3awAi island archaeologist, MatyAnuo 1Vlatgrey at 327 3690,
Aloha, ,
P. Holy McBldowney, Acting Admitnstrator
State Flismric Ptasarvation Division
c. Chris Yuen, County of 73awaii Planning Depattment
Kai L-mkr, County of Hawaii Depatvnctu ofPuhlic Works
ICatttana'o Mills, SHFD Burial Sites Program
Ctlair, Hawaii Island Burial Cauncll
PM:ak
OCT-O6-2004 04:03PM fROM1-U.S. PACIFIC INC. +1°606-524-6603 T°476 P 00T/009 F-141
dun-23-03 10:42am From-CARUSIAITN 6A,(_I, + T-20~5/ P.OI/03 F-660
Edwin S, Tails
Harry Kirn = Howing AErniniq~wror
A4nyor w .t
~ jai S
QCaut~ip nt ~atnuii
O]?FICE OF IIQTJSTNG AND ~
COM1vIUNITY DF.VEI.OI'IA~NT
ss wil~uly oeb • xan. HwM) 9a72034:A ~
vlfT (ACa) 061•e)7U • PAX (508) 9SI.86BS e
CO
J
,N•I
N
June 20, 2003 Yy
e
8 f
Steven S. C. Lim
Carlsmith Ball LLP ~
121 Wa.ianuenue Avenue
Hilo, Hawaii 96720
IA
z
Subject: Sunatone Realty Partners X T,LC ~ ~
Dlaai Koaa Aina ~
Tp~: 3/7-5-018:006
Change of Zone Ordinance 03 18
Hswairi Coux?ty Housing Ageaay Resolution 131
The Office of Housing and Community Development (OHCD), pursuant
to Hawaii County Housing Agency Resolution 131 (attached)
acknowledges payment of an in-lieu fee of $56,640.00 in
satis£acCion of Condition (M) of Ordinance NO. 03-18.
Thank you for your payment.
i
Edwin S. Taira
Houaiag Administrator
C: Christopher Yuen, Planning Dis'ecCOr
12'/6hily
EGUAL HOUSING OPPGFITUNITY
'AN Equal gYPgflTI,xxY'FMPIOYEF'
ACT-06-2004 04:03P14 FROIA-U.S. PACIFIC IyC. +I-606-524-6603
T-4T6 P.006/006 F-141
Jun-Z3-63 10;4Zam From-CARLSMITH ~I.l
+ T^205 P.02/03 F-660
HAWAI r I COUNTY IiOOStNG~A7oh''NCY
Resolutioa Nn. 131
RESOLUTION APPROVING PAYMENT OF IN-7,I0'sU HEES IN TXIE AMOUNT OF
$56,640.00 8Y SUNSTONE REALTY PARTNERS K LLC, AGENT' FOR NANI
KONA AINA, LLC, OWNER6, TO SATISFY CONAITION (M) OF ORDINANCE
NO. 03-18
WHEREAS, BunStohe Realty Partners X LLC (Sun5tone), is the
agent for C & D Partners (Nani icons Aina, LLC, ae General
Partner, Owne3r), of approximately 18,846 acres of land at Waiaha
1°C North Kona, 8awai'i, covered by tax,map ke_y (3) 7-5-18:OB
("Property."): and
WHEREAS, On February 20, 2003, Change of Zane Ordinance
No. 03-18 became effective, changing the zoning from single
family residential (RS-l0) to multiple family residential
(RM-4) ; and
WHEREAS, SunStone ie proposing a 200-unit multiple Family
residential project; and
WHEREAB, Condition (M) of Change of Zone Ordinance No.
03-18 for the Property require>3 that the agent comply with the
requirements of Chapter 11, Article 1, Hawaii County Coda,
relating to Affordable 1•Tausing; and
WHEREAS, the proposed payment of an in-lieu fee of
$56,640.00 complies with Chapter 11, Sections it-4 (a) and
11-4(c)(1) of the Hawaii County Code; and
WHEREAS, the proposed paymenT; of an fn-lieu fee must be
approved by the Hawaii County Housing Agency pursuant to
Chapter 11, Section it-4 (c) of the Hawaii County Code.
NOW, THEREFORE, BE IT RESOLVED aY THE HAWAT'I COUNTY
HOUSING AGENCY that, pursuant to Chapter 11, Section9 lb-4(a),
11-4 (c) and li-4 (c)(1) of the Hawai'f County Code, it does
hereby approve the payment of $56,640.00 by SunBtone Realty
Partners X LLC, to Satisfy Conditlan (M) of Ordinance No. 03-18
far the development of up to 200 ree~.dential units.
86 IT FU)2THSR RESOLVEDa, that this resolution shall take
effect immediately.
OC7-A8-2004 A4:03PM FR014°U.S. PACIFIC INC. el-9A9-524-6903 T-476 P.009/009 F-141
Jun-23-03 10:42am Fr®m-CARLS611TH BA!•~°
° ( ( T-205 P.03/03 F-BBD
Dated aC Hilo, Hawaii, this 17eh day of Tuna , 2003,
HAWAI' I COIINT$' HOIISING AGBNCY
l
GARY AR airperaon
did not concur
_ JO9£PH R]&'YATOT~AS, Vice-Chairperson
absent and excused
JAMES Y. 7?RAKAKI, Member
absent and excused
AARON CHUNG, Member
L NGRATI E TONOF , Member
vs~-
DR. BRED HOLSCHUH, Member
did not concur
ROBERT JACO&BON, Member
O Y THE -T Member
l
J. C TIS TYI,E ITT, Member
•
MOOERS ENTERPRISES, LLC
P.O. BOx 1 1 O 1
KAMUELA, HAWAII 96743
October 8, 2004
Mr. Chris Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Alii Cove
Ordinance 03 18, Condition N
TMK: 7-5-18:8
Dear Mr. Yuen:
Your letter dated September 9, 2004, requested clarification for certain numbers in our June 15,
2004 letter to you requesting confirmation for compliance with Condition N. Please find enclosed
a letter from Bodell Construction Company, the contactor for the Alii Cove project, that itemizes
some of the expense incurred in the development of the project. Specifically it clarifies the cost
allocations for Park and Recreation improvements that you requested.
I reviewed these numbers and the letter from Bodell with park planner James Komata yesterday
and he indicated that he was now satisfied with this documentation. I have copied him on this
letter and trust you will be able to confirm this with him as well. I have also enclosed a copy of a
letter from the Disability and Communication Access Board that confirms the project is compliant
with the ADAAG as required by HRS 103-50.
With this letter I am requesting that you confirm the improvements made as conditions of this
ordinance have complied with the fair share assessment requirements of Condition N (1). Should
you or your staff have any questions, or need additional information, please contact me directly.
We are anxious to get all conditions of approval complied with and appreciate your prompt
response to this request for compliance with this condition.
Sincerely,
i~~/` v`~s_
GregoYy~. Mooers
President
Copy: James Komata, Department of Parks and Recreation
PHONE: (808) 8856839
FAx: (808) 885-1574
EMAIL: GMOOERS@HAWAII.RR.COM
Sep 29 04 09:33a Rlin C®ve 808-329-8836 p,2
CONSTRUCTION COMPANY
5g6 Fine Drive "Salt Lake City, Utah 64115.4244
Telephone (801) 261-4343' Fax (g01) 261-1020
September 24, 2004
_VIA TELEFAX: 885-1574
Mr. Greg Mooers
Mooers Enterprises
P.O. Box 1101
Kamuela, HI 96743
RE: Alii Cove and Honl's Beach Park Improvement Expenses
Dear Mr. Mooers:
This letter is to clarify the Honl's Beach Park cost allocations in the letter to you
dated June 3, 2004.
Our contract bid addendum for the Honl's Beach Park Improvements excluding
the Alii Drive paving, parking and landscaping improvements is $242,721. This is
comprised of $216,715 plus general conditions and overhead of 12% or $26,005,
which equals a total of $242,721.
The area on Alii Drive immediately fronting the pump station is being widened
and improved by installation of parallel parking stalls and a 6 foot high rock wall.
The overall cost of these Alii Drive improvements is $194,815 as noted on line 2
of the contract form. The component of this cost in the immediate vicinity of the
Honl's Beach area is estimated to be $63,000 inclusive of the same 12%
allocation of general conditions and overhead.
Therefore, combining the two cost components above results in the addition of
$242,721 plus $63,000 which then totals $305,721.
Very truly yours,
Bodell Construction Company
By
Larry Phillips
Its Senior Project Manager
cc: SunStone Realty Partners X LLC
IIaI~ZP7I`I~ff3 ®IF ~IP3A~S~~lIII~f'ZPAIL
DISABII.ITY AND COMMUNICATION
ACCESS BOARD
` 919 Ala Moana Boulevard,
Suite 101
Honolulu, Hawaii 9b814
(808) 586-8121
Rax # 586-8129
DATE ~
September 28, 2004 2003-146
TO: Art &1IwN:
Patricia Engelhard
County of Hawall
Parks Department
101 Pauahi Street, Suite 6 Alii Cove at Honl's Beacl?
Hilo, HI 96720 Kailua-gona, Hawaii
WE ARE SENDING YOU Attalh~ the following i[eou:
DATe No.
1 September 28, 2004 1 page Document Reviea
THESE ARE TRANSMITTED as checked below:
® For your use
® As requested
? Resubmit copies
? For review and comment
? Retum corrected prints
? Renuned for corrections
SIGNED
Mon
Facility Access Specialist
cc: Pabrizio Medosi Ty Miyabuchi
Pacific Atelier International Engineering Dynamics Corp.
737 Bishop Street, Suite 1655 126 Queen Street. Suite 307A
Honolulu, HI 96813 Honolulu, HI 96813
Without Plans and/or Specifications
O ~
M'S`,os' , •i
DLSABILITY AND COMMUNICATION ACCESS BOARD
i ~ 919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814
Ph. (808) 586-8121(V/I'DD) • Fez (808) 586.8129
a
'4+arr~
DOCL1_MFNT>ZVIEW
September 28, 2004
Alii Cove at Honl's Beach
Kailua-Kona, Hawaii
DCAH lob 2003-146
Project n/s
DepartmenUAgency: County of Hawaii
Parks Department
Patricia Engelhard
Design Firm: Pacific Atelier International Engineering Dynamics Corp.
Fabrizio Medosi Ty Miyabuchi
Documents Reviewed: 3 shcets of architectural drawings dated - October 1, 2004
Responses to comments dead -September 7, 2004
2 facsimiles Crom EDC dated -September 28, 2004
TransmiUal form dated -September 24, 2004
Previous Review(s): Document Review Technical Assistance -March 24, 2003
Document Review Technical Assistance -March 3, 2004
Document Review Technical Assistance -April 6, 2003
rlnrnmPnt Rrviaav Tcrhnirol Acei•tanr~ _ C'nMmhor 1 90n4
As submitted, the documents reviewed appear to meet the Americans with Disabilities Act Accessibility
Guidelines (ADAAG) as required by HRS 103-50.
The above constitutes review and recommendations on this project to determine whether or not the
building or facility is designed in accordance with the Americans with Disabilities Act Accessibility
Guidelines (ADAAG), per Hawaii Revised Statues (FI1tS) 103-50. Final responsibility to comply with
HRS 103-50 rests with the State or County agency oversceing the project.
Reviewed By:
Mona Higa
Facility Access pecialist
cc: Fabrizio Medosi Ty Miyabuchi
Pacific Atelier Intemational Engineering Dynamics Corp.
1
4QJHtY Or qq~,r
Harry Kim Christopher J. Yuen
MaYar
Dirtcmr
Cf n!:
Roy R. Takemoto
Deputy Dirtclor
NZ~ix;n#~r n£~ ~.ttfirtttt
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
September 9, 2004
Mr. Gregory R. Mooers
Mooers Enterprises, LLC
P O Box 1101
Kamuela, HI 96743
Deaz Mr. Mooers:
Compliance With Condition N
Change of Zone Ordinance No. 03 18 (REZ 996)
Developer: SunStone Realty Partners X LLC
Alii Cove Development
Tax May Key: 7-5-18:8
This is in response to your submittal with attachment from Bodell Construction Company,
relating to Condition N of Ordinance No. 03 18 for compliance with fair shaze contribution
requirements. We apologize for this delayed response.
In coordinated review of your submittal, the Department of Public Works has concurred that the
cost of improvements for roads and traffic, improvements exceeds the $249,426.45 fair shaze
obligations.
The Department of Parks and Recreation and this department have concerns regarding the
amount as provided for the parks and recreation fair shaze obligations. According to the June 3,
2004 letter and bid form sutmnary from Bodell Construction Company, there aze three different
cost allocations - $243,720; $242,721; and $216,715 for the Honl's Beach Park Improvements.
This should be clarified as to which amount will be used towazd the fair share credit. The
$63,000 for Alii Drive Improvements for Honl's Beach Park is not detailed in the letter nor in the
bid form summary. Therefore, please provide additional information regazding what aze these
improvements. We have enclosed a copy ofthe August 27, 2004 Memorandum from
Department of Parks & Recreation for your information and direct response.
Hawai `i County is an Equal Opportunity Provider and Employer
Mr. Gregory R. Mooers
Page 2
September 9, 2004
Should you have any questions, please feel free to contact Alice Kawaha of this department at
961-8288.
Sincerely,
CHRISTOPHER 7. ~'UEN
Planning Director
AK:cd
piwpwin60\a lirrwin\LREZ996SunStone.Ffl 2
Enclosure
xc: Patricia G. Engelhard, Director -Department of Parks & Recreation
Planning Department -Kona Office
MOOERS ENTERPRISES, LLC
P.O. Box t 7 O 1
KAMUELA, HAWAII 96743
June 15, 2004
Mr. Chris Yuen
Director
Planning Department
County of Hawaii Op
101 Pauahi Street, Suite 3 ~ ~ ^
Hilo, Hawaii 96720 1U/
Re: Alii Cove
Ordinance 03 18, Condition N
TMK: 7~5-18:8
Dear Mr. Yuen:
Condition N of ordinance No. 03 18 requires the applicant to make fair share contributions to
mitigate regional impacts. The value of $5,054.07 is due for each of the 200 units being
developed in the project. This amount is divided in specified amounts for various services.
Condition N allows for credit against the fees due for various improvements made as conditions
for the change of zone.
Condition N states:
77ae cost of
providing and constructing the improvements required in Conditions D, E and F
shall be credited against the sum specified in Condition N (5) for road and traffic improvements.
The cost of
providing and constructing the improvements required in E (5) shall be credited
against the sum specified in Condition N (I) for parks and recreation improvements. For
purposes of administering Condition N, the fair market value of land contributed or the cost of
any improvements required or made in lieu of the fair share contribution shall be subject to
review and approval of the director, upon consultation with the appropriate agencies.
Please find enclosed a letter from Bodell Construction Company, the contactor for the Alii Cove
project, that itemizes some of the expense incurred in the development of the_ project. Specifically
the traffic improvements required in Condition E (1-4, 6) totals $1,690,029. Even though
Condition N also allows for credit for improvements made for Conditions D and F as well, thez
costs were not determined as the cost ($1,690,029) for the portion of work in E already far
exceeds the indicated amount ($249,426.45) for road and traffic improvements noted in the
ordinance Condition N.
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@HAWAII.RR.COM
Mr. Chris Yuen
June 15, 2004
Page Two
The same letter notes the cost of improvements for the park improvements required in Condition
E (5), ($305,721), exceeds the indicated amount in Condition N, ($291,684.51).
With this letter I am requesting that you review and approve these expenses and confirm the
improvements made as conditions of this ordinance have complied with the fair share assessment
requirements of Conditions N {1) and N (5).
Should you or your staff have any questions, or need additional information, please contact me
directly. We are anxious to get all conditions of approval complied with and appreciate your
prompt response to this request for compliance with these two conditions.
Sincerely,
Gregory ooers
President
GRM:JY
CONSTRUCTION COMPANY
586 Fine Drive • Salt Lake City, Utah 84115-4244
June 3, 2004 Telephone (601) 267-4343 • Fax (801) 261-1020
Mr. Gregory Mooers
Mooers Enterprises
P.O. Box 1101
Kamuela, Hawaii 96743
RE: Alii Cove and Honl's Beach Park Improvement Exaenses
Dear Mr. Mooers:
Bodell Construction Company ("BCC") is the general contractor under contract with the
devEloper, SunStone Realty Partners X LLC, ("SunStone") to construct all ofsite and
offsite work related to the Alii Cove Project. SunStone has requested that we confirm
that the following items related to the Alii Cove offsite improvements are tme and
correct.
Please be advised that the attached contract addendum noting the segregated cost of each
offsite infrastructure item is true and correct. BCC was awarded this job under a
competitive bid proposal with three sepazate bidding contractors and four different site
subcontractors. Approximately 12% should be added to each individual line item to
account for our general conditions, fee, bond fee and general excise taxes payable for
each portion of the work shown. For example, Item 1, Honl's Beach Pazk Improvements
true allocable cost is $243,720.
Therefore, the cost allocations within the contract aze as follows:
1. Parks and Recreation: Honl's Beach Park Improvements: $242,721
Alii Drive Improvements for Honl's Beach Park: 6$ 3,000
$305,721
2. Traffic Improvements: Alii Drive and Walua Road Improvements: $1,690,029
In conjunction with the traffic improvements on Walua Road and Alii Drive, we also
understand that land is being dedicated to the County in order for these improvements to
be completed.
Very truly yours,
Bodell Construction Co
By:
Larry Phillips
ITS Senior Project M alter
cc: SunStone Realty artners X LLC
JUN°05-2004 !1:21Ak1 FROM-U S. PACIFIC INC. +1-806-524-6803 T-978 P.003/004 F-994
1997EDITION
AIA DOCUMENT A101-1997
Standard Form of
Agreement Between Uwner and Contractor
where the basis of
payment is a STIPULATED SUM
AGREEMENT made az of the day of November, Two Thousand and Three
(!n words, indicate day, month and year)
B E T W E E N the Owner:
(Name, address and other information)
SunStone Realty Pmaten X I.I,C
1001 Bishop Street Pauahi Ttrwef Suite 1250
Hondulu, Hawaii 96813
and rhr. COntI8C[OY
(Name, address and other information)
Bodell Censbudl0n Canpany
566 Fina Drive
Salt Lake City, UT 841154244
(601)261{343 Ex4 321. ,
T'he Projxt is:
(Nome and location)
AJH (:ove
75-5919 Nii Drive
Kailuv-lionv, Hawstii 96740
The Architect is:
(Name, address and other information)
Pacific Atelier, ina
737 Bishop Street # 1655
Honuldu, Hawau 96813
The Owner and Contractor agree as follows.
"1'he Engineer for the Project is:
Engineering Dynamics Corp
126 Queen Street, Suite 307-A '
}fonolalu, Hawaii 96817
The Contractor acid thc3a reet~ agree as set forth below:
o`v^'E~
_
Page 1 of 7
tt~blo)
JUN-05-2004 11 :21 AN FROM-U. S. PACIFIC INC. #1-$08-524-680yyyy;;3 i-976 P 004/004 F-994
N~ • a l
Altl Cova
Bid Form Summary addenda t0 the Bid Proposal Form 11!6!2003 REVISED VE PACKAGE
Subcontractor Phau 1 Amount Total Project Com lele 200 Units
Civil - Honl's parkin bt and ballroom im rovements-com late S 21 8,715
' Civil - Alii Drive im manta S 184,815
Civil • Walue Road im ovemente indudin utllities _ S 1.377,140
. Civil - Walue Road retain) welt In Site Walls
i Civil -Rock walla around arch sites S ~ 579,315
.Civil-Sitework (Includes deck, sidewalks) S 1,564,304
Site Pre sea Gredin E 2,27$,525
Waters tam S 619.712
Sewers stem S 956,881
Oraina e S tam S 536.106
Rock Walls S 2,569,612
MiscellaneouslOMer Included Above
7 Civil - ElaclrMSl S 8b' 8.652
B IrtigadoMlandsra Desi nlBulW AUowance S 1,285,000
9 Pool, S end related uipment Oesi n/Bulld 5 -
0 BuOdin s (fend in Sitework S
7 Builtlers Risk Insurance NIC r.. -__.~T 1
Z Buildin Permits NfC
3 General Conditions 5
Percents
4 General Contrecl Fee E
PerCenla e
5 Bond Fee S -
Percentage
6 GET in Items 1-15 I
Total Lump Bum Base Bld - SB Units arxf 200 Unhs respectively S
71me for CornDletlon, Phase t: 410 -
Time for Competion, Entlre Project 672
Altemales'
AIt.NO.t Den I Study S
AIt.No.2 5 Ton Trene AC (HOnU) _ '
AIt.NO.3 4 Ton Trans AC (Nalu) S
AIt.NO.d 4 Ton Trent AC (Moans) S '
AIt.NO.5 4 Ton Trans AC (Kal Nui) S '
AIt.NO.6 Loh haH waAa changed to railing S
Optional Door to Lanaf 5
Component Bid Breakdown: '
Building Typa A (B plsx); Complete i ~ `
Building Typo C (4 Plek); Complete E - Vin''
One, two car Garege; Complete s ~
One, avo car Carport; Complete f
Bid Document Packs a Summa
1 Bid Set uiWing Plana dated June 2, 2003 entltled PERMI"f SET Note: BOdell Construction Company shah t>e respmsible for ail vests inGUrred
2 Civil Plans, urklsted entitled V.E. BID SET to dab Dy ttM WlAotlcNCTS Earthmovinq companies for grubbing, clearing
3 Site Electrical Plans entlUed V.E. BID SET and erosion conaoi work peRormed on tfle property.
4 Addendums 1$
5 Site Civil Schedub (Breakdown required for bb sut>mitlel)
6 Site Electrical Schedule (Breakdown required for btd submittal)
7 Bid Forth Summary dated tort p3. t papa
6 Bid Proposal Form SeMion 00130
~y?l.
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NOV°02-2004 11:42AM FROM°U.S. PACIFIC INC. +1-808624-6803 T-138 P.001/004 F-Z00
SunStone fealty Partners X LLC
November 1, 2004
Mr. Christopher Yuen, Director
planning Department
Colmry of Hawaii
101 Pauahi St. Suite 3
1'Iilo, Hawaii 96720
1Le: CI
IANGE OF ZONE ORDTN.4NCfi # 03-1 R CONpITION N
REQUEST: S1NGI_E-]~AM1I.Y RESIDENTIAL (RS-10) TO MULTIPLE
FAMILY RESIDENTIAL (RM-4) APPLICANT: SUNSTONE REALTY
PARTNERS X LLC TMK: (3) 7-5-18:08
Dear Mr. Yuen:
Pursuant to condition "N" of the ordinance identified above the required fee in the
amount of $50,215.23 is enclosed.
This check includes the following fees:
l- Solid Waste $ 12,639.51
2. Police $ 9,218.43
3. Fire 28 357.29
Total $ 50,2]5.23
Should you have any questions, do not hesitate to call.
Very truly yours,
SunStone Realty Partners X I.LC
By_
Curtis D. DeWeese
Its Managing Member
Cc: Greg Mooers
1001 Bishop Saeec, Suitt 1250 Pnusihi'fower, I-Ionolulu, Xli. 96813 Phn. 808-523-9881/Fnx 808-524-6803
NOV-02-2tl04 11:42AM FROM-U S. PACIFIC INC, +1-808-524-6803 T-138 P.002/004 F-200
- . - - - ~~..~.,d - - - 05
SunStone R®aky Partners X LLC *~tt"
Alii Cove At Honl's Beach z6eolaso
~ toot Bishop Street, SuRe 1250 11/2/2004
Honolulu. Hawaii 96813
pAyTOTHE CountyDircctorofFinenu: $ *•5U,?15.23
ORDER OF
Fifty Thowand'I~vo Hundred Pifleen and 23/100•••"'"**•'**s....**+r*:****.r*s******..*aa*axs***.•*.*.**...**•sr**vr
DO W.RS
CAUnry DireuYOr of Finance
75-5706 Kuakini Flwy Ste. 109
Kailua-Kona. 11196740 v'r,
J~ nOe~
IP °
MEMO Chnnge of mne fees wurneaizso swn~rune ~~~"",y,..`
~ ~
- atr - - -
u•0005L~iia 1:0440008041: D4~L23455983aa
SunStone Reaty Partners X LLC 0511
County Director of Finanx 11/2/2004
1120 - Invrntory - WU't1200 • Land Under Develo Chg ofmne fees 50,21523
Cush -Merrill Lynch Change of zone fees 50,215.23
SunStone Realty Partners X LLC 0511
County Director of Finance 11/2/2004
] 120 • Inventory - WIp:1200 • Land Under Deveto Chg of znnc fees X0,21523
r~.~-- ~ i (v ~ ~ Y
Cash -Merrill Lynch Change of zone fees 50,215?3
sMnNL-1 To 1lt,fxeER, GIt wUR IeC,LL9.xFEGUwRO a13M1*VTOR Ar 9pR*MiB9VB MWefMIB°Ya
•Y ~tat~ ~{Ii~J ink .~a~M ini~M~~lb f^N11
`OJ„TY Of Mq~4
Hatry Kim „ Christopher J. Yuen
Mavor
Direcmr
•~J~•~
Of N~~
Roy R. Takemoto
Deputy Director
~~ixxlfg n£ ~ttfu~tti
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
December 24, 2003
Mr. Gregory R. Mooers, President
Mooers Enterprises
PO Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
RE: Alii Cove-- Department of Education Fair Share Assessment
Waiaha 151, North Kona, Hawaii (TMK 7-5-18:081
The purpose of this letter is to resolve the issue of the contribution for
construction of school facilities as required by Condition "O" of the rezoning ordinance,
Ord. No. 03-18.
Condition "O" provides:
The applicant shall contribute to the development, fending, and/or construction of
school facilities, on a fair-share basis, as determined by the Planning Department
in consultation with the Department of Education, prior to the issuance of a
certificate of occupancy for any portion of the proposed residential development
based on the demographics of the project. Terms of the contribution shall be
agreed upon in writing by the applicant and the Planning Department prior to the
issuance of building permits for any portion of the proposed development.
Condition "O" as finally worded was changed at the Council level, at the request
of Councilmember 7. Curtis Tyler III, from that approved by the Planning Commission,
in that the Council added the phrase "based on the demographics of the project."
On behalf of the applicant, you researched the actual number of students attending
public schools in Kona who live in two condominium projects recently developed in the
same general area, with the same general design, and reported by letter dated May 19,
Mr. Gregory Mooers
December 24, 2003
Page 2
2003. If the Alii Cove project had a similar number of students per unit, you would
anticipate 18 students.
The State Department of Education has objected to this approach. In their letter
to me dated June 30, 2003, they point out that the state will have to educate children
living in this project for many yeazs, and that the actual number of students may change
over time. The DOE has a "School Fair Share Contribution Policy" which contains
estimates of the number of students generated bymulti-family development. Applying
this formula to a 200 unit development would result in 43.6 students.
I have also received a letter dated Nov. 3, 2003, written by councilmember Tyler,
the councilmember for the affected district, and co-signed by seven other
councilmembers. This letter explains that in proposing the change to Condition "O", it
had been his intent that the DOE contribution be based upon the likely demand generated
by this specific project, and that he accepted the idea that this demand would be most
accurately estimated by a comparison with the other two condominium projects. The
councilmembers endorse the approach in the May 19, 2003 letter by signing this letter.
While I am inclined to agree with the reasoning of the DOE (if we aze going to
have a school impact assessment fee), I have to implement the intent of the Council in
enacting the ordinance, and based on the Nov. 3 letter, the intent seems fairly clear that
the DOE assessment should be adjusted.
The current DOE formula would call for a contribution of $1303 per multi-family
unit. Multiplying this by 18/43.6 yields $537.94/unit. (This 18/43.6 ratio is the ratio of
the "Mooers" to "DOE" projected number of students.)
The rezoning ordinance is not explicit as to whether the developer should be
charged for 200 units, or only for the 117 additional units allowed by the rezoning. In
assessing the "fair share", however, in Condition "N", the Counci] only charged for the
117 additional units authorized by this rezoning, recognizing that the developer had a
right to 83 units under existing zoning which did not have any "fair share" requirement. I
conclude that the same rationale would apply to the DOE condition, and that the
contribution should therefore be 117 x $537.94, or $62,939 (rounded to the neazest
dollaz.)
Condition "O" says that the "terms of the contribution shall be agreed upon in
writing by the applicant and the Planning Department prior to the issuance of building
permits for any portion of the proposed development." Although it contemplates an
agreement, it does not say what happens if we do not agree. Because we have had
extensive discussions on this point, this letter is the Planning Department's final position
on this. If you do not agree, I believe your client's recourse would be to the Boazd of
Appeals.
® Mc Gregory Mooers
December 24, 2003
Page 3
If you do agree, please have your client sign and date the enclosed extra copy of
this letter, and your client should make arrangements to make the payment to the DOE as
soon as possible. We would appreciate evidence of such payment for our records.
Yours trul~
Gopher Yuen
Duector
Cc: Ms. Rae Loui, Assistant Superintendent, Department of Education
Mr. Curt DeWeese, Sunstone Realty Partners X, LLC
Mr. Curtis Tyler III, Councilman
Agreed:
Curt DeWeese or authorized representative, Sunstone Realty Partners X, LLC
Date:
P:\WPWIN60\CHRIS\Alii Cove DOE.doc
NOV°02-2004 11:42AM FROiA-l1 S PACIFIC INC. +1-BOB-624-6803 T-138 P 003/004 F°200
;ry7 Id'ary,",G19 5...
IIif1~~~t,1;1~~~Y'Ai„JCIi~!+i~a~'f.i
SunStonE~ Realty Partners X LLC
November 2, 2004
Ms. Rae Loui
Assistant Superintendent for Business Services
State of Hawaii
Department of Education
P O Box 2360
Honolulu, Hawaii 96804
RE: Alii Cove -Department of Education Fair Share Assessment
Waiaha 1".Noah Kona~Hawaii (TMK 7-5-18:081. Condition 0. Ordinance X03-18
Dear Ms. Loui:
Per the attached agreement, enclosed herewith is a check in the amount of $62,939.00 for
the Fair Share Assessmen[ on the referenced project.
Should you have any questions, please do not hesitate to call.
Very truly yours,
SLTNSTONE REALTY PARTNERS X LLC
13y CURTIS D. DeWEL"•SE
Tts Managing Member
CC: County of Hawaii, Planning Department
Mooers Enterprises
CDD:dlml
Enclosure
1001 Bishop Street, Suite 1250 Pauahi Tower, Honolulu, Hi. 96813 Phn. 808-523-9681 /Fax 808.524-6803
NOV°02°2004 11:42AM FROM-U S. PACIFIC INC. +1°fi0B-524-6603 T-136 P.004/004 F-200
„ - - - - 0512
SunStone Realty Partners X LLC r-~ ~~~'=~~•°°T""°"
Alii Cove At Honl's Beach ze•eo/a~+o
toot Bishop Street, Suite t2so 11/2/200a
Honolulu, Hawaii 96813
PAV TO THE Dcpunment of Educniion $ ""62,939.00
oRDl:q OF
Sixty-Iwo Thousand Nine FItmdred Thirty-Nina end 011/l0U"'•••'•ss«ssss+ss.+.a.•.•.....asssssss"".s+..s+."...++.
DOLLARS
uepartmem of Edueaeion
~e+`
W
MEMO AUTHORIZED gIGNATURE ` .
DOE fair Where asscssmcnt ~ I
n•0005 L 2n• 1:0 4 4 00080 41: 041 L 23i.55983ii•
SunStone Realty Partners X LLC 0512
Dap[utment of Eduu[ion 11/2/2004
1120 ~ lmen[ory - WIP:1200 ~ Land Under Devclo )JOE fair share assessment 62,939.OU
Cash • Merrill Lynch DOE fair share assessment 62,939.00
SunStone Realty PBRners %LLC 0 512
lleparnnrnt of'Education 11/2/2004
1120 • Inventory - WIP:120U • land Under Dwclo DOE fair shaze assessment ti2,939.00
Cash - Mmill Lynch L10E fair shurc acseaamcnt 62,939.(10
SrSW1NL ~ la FEUNbEX. GLL V
WN LOCPI •~fEGVAl10 phNIBVtOP AT BMMbB]YG M~'ISF V.W W
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