The URL can be used to link to this page

Home My WebLink AboutCOM 0990.000 2004-2006 , r ' Harry Kim Christopher J. Yuen Mayor Director Brad Kurokawa, ASLA LEED®AP TountYst Af "afttaii Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo. Hawaii 96720-3043 (808) 961-8288 • FAX (808) 961-8742 n+ July 10, 2006 -C Mr. Roy A. Vitousek III, Esq. __o Cades Schutte 75-170 Hualalai Road, Suite 303 Kailua-Kona HI 96740 r? Dear Mr. Vitousek: SUBJECT: Non-Significant Zoning Change Application (NZC 06-000007) Applicant: Shell Beach LLC Landowner: Shell Beach LLC Mauna Lani Resort Tax May Key: 6-8-22:24 This is to acknowledge receipt on June 14, 2006 of your request, on behalf of Shell Beach LLC, for a determination of a non-significant zoning change in accordance with Section 25-2-45 of Chapter 25, Hawaii County Code and Planning Department Rule No. 8. The subject property was rezoned by the County Council by Change of Zone Ordinance 203 in 1976, 83-982 in 1983, and 87-073 in 1987. By letter dated March 31, 2005, a non- significant zoning change for 0.236 acre each of Open and Multiple Family Residential area was approved. Since the Mauna Lani Design Review Committee requested that an applicant move the planned carports ten feet further off the road, the proposal is to swap an additional 410 square feet of Multiple Family Residential (RM-3) for 410 square feet of Open (O) area along South Kaniku Drive. The zoning adjustment involves a change in an area along South Kaniku Drive from Open to Multiple Family Residential and Multiple Family Residential to Open. There will be no increase or decrease in the land area for each of the affected zoning districts as the total change is an equal 410 square feet each. 410 Comm. No. (Note: The Non-Significant Zoning Chnage Application Ref. To: Map for Shell Beach, LLC is on file in the Office of Ref. note JUL 1 4 2Q06 the County Clerk.) Hawai'i County is an Equal Opportunity Provider and Employer. Mr. Roy A. Vitousek III, Esq. Cades Schutte Page 2 July 10, 2006 According to Section 25-2-45 of the Zoning Code regarding Non-Significant Zoning Changes, the Planning Director may administratively grant non-significant zoning changes that must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and must either: (1) Not result in a net increase in the density allowed in the zoning district(s) containing the affected area; or (2) Be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s). Upon review of the request, we have determined that it complies with the criteria set forth in Section 25-2-45(a)(2) of Chapter 25, Hawaii County Code, for determining non- significant zoning changes. 1) The adjustment of zoning boundaries will not result in any increase in the zoning densities. The total area of the adjustment for the Open (O) district and the Multiple Family Residential (RM) district is an equal 410 square feet each. 2) The area under review is in compliance with the General Plan. The County of Hawaii General Plan (2005) became effective on February 9, 2005. The subject parcel is designated as "Resort Node" on the Land Use Pattern Allocation Guide (LUPAG) Map. 3) The changes will not result in a net increase in the density allowed in the zoning districts containing the affected area. There is no increase or decrease in the land area for each of the affected zoning district. Based on the above, we hereby administratively grant the requested non-significant zoning changes. r t Mr. Roy A. Vitousek III, Esq. Cades Schutte Page 3 July 10, 2006 Should you have any questions, please feel free to contact Esther Imamura or Deborah Chang of this office at 961-8288. Sincerely /Jz CHRISTOPHEUEN Pl anning Director ETI:cd P:\WP W IN60\ETI\NonSigZChange\VitousekShellBeach68022024 2006.rtf cc w/app: Hawaii County Council Real Property Tax Division Planning-West Hawaii Office Planning-TMK Mapping Section (Hans Santiago) Planning-GIS Section (G. Bailado, w/out map) Planning-Long Range Section (Deborah Chang) r SE p~~ t Roy A. Vitousek III Dicecl Line: (808) 329-5811 Diced Fax: (808) 326-1175 June 13, 2006 F-na.l: rvitousek@cades.corn Christopher J. Yuen, Planning Director County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, 11196720 Re: Proposed Amendment to Shell Beach Nonsignificant Zoning Change Application Granted March 31, 2005 (TMK: 6-8-22: 24) Dear Mr. Yuen: This office represents Shell Beach LLC and MFB I, Inc. with respect to the above- referenced Nonsignificant Zoning Change Application. Following the Planning Department's approval of the application, the Mauna Lam Design Review Committee asked the applicant to move the planned carports ten feet further off the road. As a result, applicant's site plans have been changed and we hereby request that the Department accommodate this change by approving the proposed amendment to the previously granted nonsignificant zone change, which would swap 410 additional square feet of RM-3 zoned area for 410 square feet of Open zoned area and vice-versa. The nonsignificant zoning change was administratively granted by letter dated March 31, 2005, a copy of which is attached hereto for your reference. Pursuant to Rule 23-2-45 of the Hawaii County Zoning Code, the proposed amendment to the nonsignificant zoning change will not result in any increase in zoning density, as the total additional area proposed for adjustment for the Open (O) district and the Multiple Family Residential (RM) district is an equal exchange of 410 square feet (.009 acre) each. Furthermore, the area proposed for zone change is designated as a Resort Node in the County of Hawaii General Plan (2005). Finally, the requested change will not result in a net increase in the density allowed in the zoning districts in the affected area as there is no increase or decrease in the land area of either district. Castes Schulte Building Kona Office 1000 Bishop Street, Suite 1200 75-170 Hualalai Road, Suite 303 Honolulu, Hawaii 96813 Kailua Kona, Hawaii 96740 ImanageD13:652500.1 Tel: 808.521-9200 Tel: 808.329-5811 Fax: 808.521-9210 Fax: 808.326-1175 www. cades. cam Christopher J. Yuen June 13, 2006 Page 2 Notification of this proposed amendment is being sent to neighboring landowners within 300 feet of the property. Please contact my office at 329-5811 if you have questions or require additional information. Very truly yours, Roy A. Vitousek III for CADES SCI UTTE A Limited Liability Law Partnership RAV:jbg encl. cc: Bonnie Frank ImanageD13:652500.1 44J~tY 4[ /t,wY' Harry Kim Christopher J. Yuen McYO/ Direcmr ~~F Oi~H[•~ Roy R. Takemoto Deputy Director (911u Ifv of cAnfun T PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 March 31, 2005 Mr. Roy A. Vitousek TIT; Esq. Cades Schutte 75-170 Hualalai Road, Suite B-303 Kailua-Kona HI 96740 Dear Mr. Vitousek: SUBJECT: Non-Significant Zoning Change Application (NZC 05-002) Applicant: Shell Beach LLC Landowner: Shell Beach LLC Mauna Lani Resort Tax Map Key: 6-8-22:24 This is to acknowledge receipt on March 4, 2005 of your request, on behalf of Shell Beach LLC, for a determination of a non-significant zoning change in accordance with Section 25-2-45 of Chapter 25, Hawaii County Code and Planning Department Rule No. 8. With receipt of requested information on March 21 and 24, 2005, the application is deemed complete. The subject property was rezoned by the County Council by Change of Zone Ordinance 203 in 1976, 83-982 in 1983, and 87-073 in 1987. Your request is to reconfigure the Open zone portion located along South Kaniku Drive to allow development of the proposed residential project. This reconfigures the Open zoned area of the property, but preserves the open space buffer and building setbacks. The zoning adjustment involves a change in an area along South Kaniku Drive from Open to Multiple Family Residential and a change along the cast property line from Multiple Family Residential to Open. There will be no increase or decrease in the land area for each of the affected zoning districts as the total change is an equal 10,270 square feet (0.236 acre) each. Hawaii County is an equal opportunity provider and employer. Mr. Roy A. Vitousek ITT, Esq. Cades Schutte Page 2 March 31, 2005 According to Section 25-2-45 of the Zoning Code regarding Non-Significant Zoning Changes, the Planning Director may administratively grant non-significant zoning changes that must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and must either: (1) Not result in a net increase in the density allowed in the zoning district(s) containing the affected area; or (2) Be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s). Upon review of the request, we have determined that it complies with the criteria set forth in Section 25-2-45(a)(2) of Chapter 25, Hawaii County Code, for determining non- significant zoning changes. 1) The adjustment of zoning boundaries will not result in any increase in the zoning densities. The total area of the adjustment for the Open (O) district and the Multiple Family Residential (RM) district is an equal 10,270 square feet (0.236 acre) each. 2) The area under review is in compliance with the General Plan. The County of Hawaii General Plan (2005) became effective on February 9, 2005. The subject parcel is now designated as "Resort Node" on the Land Use Pattern Allocation Guide (LUPAG) Map. 3) The changes will not result in a net increase in the density allowed in the zoning districts containing the affected area. There is no increase or decrease in the land area for each of the affected zoning district. Based on the above, we hereby administratively grant the requested non-significant zoning changes. Mr. Roy A. Vitousek III, Esq. Cades Schulte Page 3 March 31, 2005 Should you have any questions, please feel free to contact Esther Imamura or Susan Gagorik of this office at 961-8288. Sincerely CHRISTOPHER 1r YUEN Planning Director ETI:cd P:\ W P W IN60\ETI\NonS igZChange\V itousekShellBeach68022024.doc cc: w/app Hawaii County Council Real Property Tax Division Planning-West Hawaii Office Planning-TMK Mapping Section (Hans Santiago) Planning-Long Range Section cc: w/map, M&B description: Planning-GIS Section (Gilbert Bailado) ORIGINAL NONSIGNIFICANT ZONING CHANGE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Shell Beach LLC APPLICANT'S SIGNATURE See attached Exhibit "A" DATE APPLICANT'S ADDRESS: c/o Bonnie Frank, Real Estate Law Group, LLP 2330 Marinship Way, Suite 211 Sausalito, California 94965 APPLICANT'S PHONE (Bus.) (415) 331-2555 (Fax) (415) 331-7272 APPLICANT'S AGENT: Roy A. Vitousek lII, Cades Schutte LLP AGENT'S ADDRESS: 75-170 Hualalai Road, Suite B-303 Kailua-Kona, Hawaii 96740 AGENT'S PHONE: (Bus.) (808) 329-5811 (Fax) 808 326-1175 LANDOWNER: Shell Beach LLC (Laule'a at Mauna Lani, Condo Master) LANDOWNER'S ADDRESS: c/o Bonnie Frank, Real Estate Law Group, LLP 2330 Marinship Way, Suite 211 Sausalito, California 94965 TAX MAP KEY: (3) 6-8-22: 24 REQUEST: (1) Rezone a 410 square foot portion of the 225,162 square foot parcel from "Open" (O) to Residential, Multiple Family (RM-3), and (2) rezone a 410 square foot portion of the 225,162 square foot property from RM-3 to Open. SIZE OF AFFECTED AREA(S) The size of the affected areas is 410 square feet each, although the total square footage of Open zoned and RM-3 zoned portions of the property will remain the same. ImanageDB:652653.1 NONSIGNIFICANT ZONING CHANGE APPLICATION Shell Beach LLC/Laule'a at Mauni Lani (a) Completed Nonsignificant Zoning Change Application. See attached. (b) Description of Property in sufficient detail, including a location map and Tax Map Key Identification, to determine its precise location. The Shell Beach Property is located at Laule'a at Mauna Lani, identified as Tax Map Key (3) 6-8-22: 24. The location map is attached as Exhibit 1. The TMK map is attached as Exhibit 2. (c) Written statement as to the purpose of the request and why this request qualifies as a nonsignificant zoning change. The purpose of the proposed amendment to the previously granted nonsignificant zoning change is to realign portions of the Open zone located along South Kaniku Drive to allow development of the proposed residential project. At the request of the Mauna Lani Design Review Committee, location of carports have been shifted away from the road since March 2005, when the prior nonsignificant zone change was approved. The proposed change of zone reconfigures the Open zoned area of the property but preserves the open space buffer and building setbacks but does not result in increased density. The request meets the requirements of § 23-2-45 of the Hawaii County Zoning Code as it complies with the description of the property in the General Plan, does not result in a net increase in density, and involves a less than 5% increase or decrease in the area of any zoning district. The area that is being realigned is 410 square feet, which is less than 5% of the 225,162 square foot parcel. Further, the sizes of both the Open and RM-3 districts on the subject property will remain essentially unchanged, such that there will be neither an increase nor a decrease in the area of any zoning districts. 1m nageDB:652653.1 (d) Legal description of the property in map and written form by metes and bounds as certified by a survey See the attached exhibit map prepared by George Yoshimura, licensed professional land surveyor, showing both the current and the proposed realigned Open and RM-3 districts side by side. Exhibit 3. Also attached is a legal description of the metes and bounds of the proposed realigned Open zoned and RM-3 zoned portions of the parcel. Exhibit 4. (e) Calculation showing amount of land area to be changed in terms of percentage of the parcel. This proposal represents an even exchange of 410 square feet of each Open and RM-3 zoned areas. As such, no land area, or zero percent (0%) will be changed in terms of percentage of the 225,162 square foot parcel. The Open zone that is being reconfigured, 410 square feet, is less than 5% of the total size of the property. 2) Notification of this request is being simultaneously forwarded to property owners within 300 feet of the subject property. A copy of the notice is attached as Exhibit 5. The list of names and addresses of the affected property owners is attached as Exhibit 6. 3) A Tax Clearance from the County of Hawaii Director of Finance is attached as Exhibit 7. ImanageDB:652653.1 Nonsignificant Zoning Change Application Shell Beach LLC, Applicant TMK: (3) 6-5-22: 24 Exhibit A APPLICANT'S SIGNATURE SHELL BEACH LLC, a Hawaii Limited Liability Company By: MFB I, Inc., a California Corporation, its age By: Bo 'SFr nk, Presi en 3d9.OG04/Wl r} 'k HAWI P a c i l r c O c e a n 0 0 h ISLAND OF da _ HAWAII - m o - ~ RANC ao Kohala Mountains• - - - HONOKA KAWAIHAE Kawaihae ROad WAIMEA I - MAUNA LANI RESORT * 'WAIKOLOA VILLAGE , Mauna Kea mc Maw. . :-Hualalal % KAILUA-KONA - - KEALAKEKUA _ Mauna Loa' - Figure 1 0 PROJECT LOCATION ® 3.5 7 NORTH SCALE IN MILES EXHIBIT I owe. ra....--.-.r_._.-... ova: av:..r..-.....•-....-... souace: ..c-_...^~r.,~-.n+-..... i~b9N9 ~A•'' .Q hry'IMZ f ~ ) N° r r N ti b v o F~• oatiA+~ L 1 n w ~ o gaa f e ? 1 b {ppp`~ 1 1 V ~ U h S~ L 7.v;i + yC(Ib ~ ~ p W UUU k x . y, y ~ Iry 4. '1+~ w Iry {lye: F3' n " t a ~ Y s, m F! 1 !ld~Oss~ ~ / 10 ~ _ i• k aZ~, a~~n q n Y. •'a 3 .1 is}, f P w ~ t lJ F l' i a; I r ` 2~' l =tit. >4 IJ n;Y,• t-`)C~~ { U a 6 n i v C5 n l~' u ~a\~u{t 7 t4 3 1 a t. UPI j s s •A : • p ~ ~ i I a g ~~..t • q ~ Y ~i \J~~ ~ 1{= Y F\e ~ Z I ~ J ILO rr S W 1 ~ 1 IN a 60 a ~ s w ~ / A4'6 p~ k R ! a° A , 410 G o a k f1 u 4ae u t,P n i y~ A x 1 q~ W p4n~~': ; ~ O ~ a H Ny l N N- O AREA OF OPEN ZONE TO BE CHANGED TO RM-3 ZONE Affecting Lot 24 "Mauna Lani Resort, Phases II & III" As shown on File Plan Number 1821 Filed in the Bureau of Conveyances of the State of Hawaii Being a portion of R. P. 7522 L.C. AW 4452 Apana 3 to H. Kalama At Kalahuipuaa, Waimea, South Kohala, Island of Hawaii Beginning at the Southeast comer of this parcel at a point on the existing Northerly line of the Open Zone of LOT 24 of the "MAUNA LANI RESORT, PHASES II & III", as shown on File Plan Number 1821, filed in the Bureau of Conveyances of the State of Hawaii, the direct tie from the Northeast side of South Kaniku Drive being 253° 07' 27" 53.40 feet, and the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAr' being 12,364.74 feet North and 31,818.99 feet West and thence running by azimuths measured clockwise from True South: 1. 98° 39' 21" 38.23 feet along the remainder of Lot 24, File Plan 1821; 2. 188° 35' 04" 21.44 feet along the remainder of Lot 24, File Plan 1821; 3. 307° 55' 28" 43.85 feet along the remainder of Lot 24, File Plan 1821 to the point of beginning and containing an area of 410 sq. ft. or 0.009 Ac. May 16, 2006 841 Bishop Street, Suite 1900 M&E Pacific, Inc. Honolulu, Hawaii 96813 GAS YOSy/~ Q LICENSED G~ (ry PROFEMONAL 9 LAND a, LPLS * SURVEYOR G o ge Yoshi 50/08 No. 2927 C Ca e No. 2 P' License Expires AwAll,uS. EXHIBIT 4 AREA OF RM-3 ZONE TO BE CHANGED TO OPEN ZONE Affecting Lot 24 "Mauna Lani Resort, Phases II & III" As shown on File Plan Number 1821 Filed in the Bureau of Conveyances of the State of Hawaii Being a portion of R. P. 7522 L.C. AW 4452 Apana 3 to H. Kalama At Kalahuipuaa, Waimea, South Kohala, Island of Hawaii Beginning at a point on the existing Northeasterly open zone line of Lot 24, of the "MAUNA LANI RESORT, PHASES II & III", as shown on File Plan Number 1821, filed in the Bureau of Conveyances of the State of Hawaii, said point of beginning being 2470 29' 33" 55.60 feet from the Southwest Comer of Lot 24, the coordinates of said comer referred to Government Survey Triangulation Station "PUU HINAI" being 12,509.38 feet North and 31,990.36 feet West and thence running by azimuths measured clockwise from True South: 1. 307° 55' 28" 22.00 feet along the remainder of Lot 24, File Plan 1821; 2. 40° 10' 30.26 feet along the remainder of Lot 24, File Plan 1821; 3. 130° 10' 6.20 feet along the remainder of Lot 24, File Plan 1821; 4. 220° 10' 16.51 feet along the remainder of Lot 24, File P1anl821; 5. 127° 55'28" 17.28 feet along the remainder of Lot 24, File P1an1821; 6. 226° 24' 40" 13.65 feet along the remainder of Lot 24, File Plan 1821 to the point of beginning and containing an area of 410 sq. ft. or 0.009 Ac. May 16, 2006 841 Bishop Street, Suite 1900 M&E Pacific, Inc. Honolulu, Hawaii 968oQG~ S. YoSy/~G LICENSED 9 PROFESSIONAL LAND G ge shi ra, LPLS SURVEYOR C 'fic e No. 2 No. 2W Lic nse Expires 4/30/08 y~11'A71, %Y5, I c a d e s• s c h u t t e a limited liability law partnership Roy A. Vitousek III Direct Line: (808) 329-5811 Direct Fax: (808) 326-1175 E-mail: rvitousek@cades.com DATE: June 13, 2006 TO: Surrounding Property Owners FROM: Shell Beach LLC PURPOSE: NOTIFICATION OF FILING OF NONSIGNIFICANT ZONING CHANGE APPLICATION PROPERTY: TMK (3) 6-8-022: 024 On May 31, 2006, Applicant, Shell Beach LLC, filed its Nonsignificant Zoning Change Application with the County of Hawaii Planning Department to reconfigure the Open zone portion of the 225,162 square foot parcel along South Kaniku Drive located in the Mauna Lam Resort. The change involves changing the zoning category of 410 square feet from the Open zone to the Residential, Multiple Family ("RM-3") zone and moving 410 square feet from the RM-3 zone to the Open zone. The total square footage of the Open zone being reconfigured is less than 5% of the total size of the property. The total square footage of Open zone and the RM-3 zone will remain the same. The proposed rezoning will not result in a substantial change in the density of the zoned area. A copy of the location map of the subject property is attached for your reference. In accordance with Rule 8-4 of the County of Hawaii Planning Department of Rules of Practice and Procedure and Section 25-2-4 (a)(1) of the Hawaii County Zoning Code, we are notifying all property owners within 300 feet of the affected area of the filing of the application. This is an application for proposed administrative action by the Planning Director. Pursuant to § 25-2-44 of the Hawaii County Zoning Code, the Planning Director may administratively grant any nonsignificant zoning change. The Planning Director has 30 days, or until June 30, 2006, in which to determine whether Applicant's request is a nonsignificant zoning change. If you have questions or require additional information concerning this Application, please call me at 329-5811 or contact the Planning Department (Hilo: 961-8288; Kona: 327-3510). EXHIBIT 5 DWG. BG.....~.~:!.._...._.... DAiF: d.~s~~!.h.... 6Y: ..[!K:.{.^*".~... SDUFCF:..C^. a -~l n - ll~ f~ jn~ aaoy~ ~?°~A 0 q B.e ~ t ro R F F, -Q ytiOS ~D 1 l~ In y N 1 . 5A ? w ~1 `y O Y C ~ 1 1`ll ?F~ i~E ' .1 'R pp N'. I ~t U m J; r y8 r a S im a i1 i~R M e4 i I' \V ~4 ~ _ i 1 i i N ~ 2'U Zi ~ ~ °+.ti / i ~ • ? + Z,~, a 11 V~ ~a e Q :1~ p+ Ig l F 1 I S I ~ I ~ x a d'i c. \se rJ ( 01 ,E ~ E v 1. 6 I y e\y f+ ,~~~f~~pl\ 2. ! i a I N tp ° . d jE a` 4JO i 1 r~ id'° 1 'gym A LI • ,I a,~ aTo" i ! ~ ~ it[ n { yp~ u i d~ S 1 q I i a pN YAP p `J~JJ (W,~tj D L:4••_ YYY A ` a' Z k p P~~n a3~'~. aJ (u It O` tl9 a6j d~y(~i a l y1p~ J tl , s - I At y 8 w z l 1 N , ryY: °j V lid tl ~ s Q IN ! l lit w S. e i ysAj SIN IIJ ~•w - N ~I •Iv~N [ ~S a ~ a 9 ~ N Y ~ • tl „ ~~1 i~ G - I a " M1 R !a C i CP" _f 91~ysz A O y+ gy zoo N'' I O ro 1 J p ~ Shell Beach LLC TMK: 6-8-22:24 Application for Nonsignificant Zoning Change Application PROPERTY OWNERS WITHIN 300 FEET OF TMK (3) 6-8-22:24 Tax Map Key No. Owner/Lessee and Address 6-8-22: 23, 33, and 39 Mauna Lani Resort (Operation) Inc. 68-1400 Mauna Lani Drive, #102 Kamuela, Hawaii 96743 6-8-22: 27 Mauna Lani Resort (Operation) Inc. 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-22: 32 Tokyu Corporation c/o Mauna Lani Service, Inc. 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-22: 35 Mauna Lani Service, Inc. HCR 2 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-33:53 49 Black Sand Beach at Mauna Lani 810 Richards Street, Suite 900 Honolulu, Hawaii 96813 ImanageDB:577729.1 1 EXHIBIT 6 Harry Kim William Takaba Mayor Finance Director ' Nancy E. Crawford Deputy Director elf Os.H,~1 County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street • Suite 4 • Hilo, Hawaii 96720-4679 • Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax(808)327-3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE (Rev 1/06) May 30, 2006 RE: Parcel ID. No. (3) 6-8-022-024-0000 (Condo Master) (3) (3) This Real Property Tax Clearance says that: Laule'a at Mauna Lani (fee owner of record) of the real property as described above, here in the County of Hawaii for the tax year beginning July 1, 2005 - June 30, 2006 has paid up her property taxes to the County of Hawaii, Real Property Tax Division upto and including June 30, 2006. Therefore, there are no real property taxes due at this time. 'r) ) C lt_, 1 e E~ RP Tax Clerk-RPT `Kona (808) 327-3540 Hawaii County is an Equal Opportunity Provider and Employer. EXHIBIT 7 c a d e s w s c h u t t e UJC `1111i Salim ted liiability law partnership Transmittal Memorandum TO Planning Director County Of Hawaii Planning Department Aupuni Center, Suite 3 101 Pauahi Street Hilo, Hawaii 96720 FROM : Roy A. Vitousek III DATE : June 14, 2006 RE : TMK: 6-8-22:24 Application for Nonsignificant Zoning Change (Application mailed 6/13/06) We are sending you the following: ORIG. COPIES DATED DESCRIPTION 1 6/14/06 Certificate of Mailing to Property Owners Within 300 Feet of TMK (3) 6-8-22:24 of Amended Notification of Filing Nonsignificant Zoning Change Application 1 6/14/06 Amended Notification of Filing Nonsignificant Zoning Change Application ? For your information ? For signature and return 0 For your files ? For signature, forwarding, ? Per your request as noted below & return ? Per our conversation ? For review & comment ? For necessary action ? For distribution ? Are returned herewith ? For recording/filing REMARKS: U'~L CS Codes Schulte Building Kona Office 1000 Bishop Street, Suite 1200 ]5-1]0 Hualalai Road, Suite B-303 Honolulu, Hawaii 96313 Kailva Kona, Hawaii %740 Tel: 808.521-9200 Tel: 808.329-5811 Fax: 808.521-9210 Fax: 808.326-1175 ara cades.com Shell Beach LLC, Applicant TMK: 6-8-22:24 Nonsignificant Zoning Change Application CERTIFICATE OF MAILING TO PROPERTY OWNERS WITHIN 300 FEET OF TMK (3) 6-8-22:24 I hereby certify that a copy of the Amended Notification of Filing of Nonsignificant Zoning Change Application relative to Shell Beach LLC's Application for Nonsignificant Zoning Change filed with the County of Hawaii Planning Department on June 13, 2006, was served upon each of the Owners/Lessees at the addresses shown below: Tax Map Ka No. Owner/Lessee and Address 6-8-22: 23, 33 & 39 Mauna Lani Resort (Operation) Inc. 68-1400 Mauna Lani Drive, #102 Kamuela, Hawaii 96743 6-8-22: 27 Mauna Lani Resort (Operation) Inc. 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-22: 32 Tokyu Corporation c/o Mauna Lani Service, Inc. 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-22: 35 Mauna Lani Service, Inc. HCR 2 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-33:53 49 Black Sand Beach at Mauna Lani 810 Richards Street, Suite 900 Honolulu, Hawaii 96813 U.S. POSTAGE KAILURIKONR,HI MAILED BY: t eLl /1 96740 Oy A. Vitousek III JURMOUNT06 rosretsExnts Lades Schutte, LLP $150 Kailua-Kona, Hawaii 96740 0000 Attorneys for Applicant 00087976-12 1 c a d e s m s c h u t t e a limited liability law partnership Roy A. Vitousek III Direct Line: (808) 329-5811 Direct Fax: (808) 326-1175 E-mail: ritousek@cades.com DATE: June 14, 2006 TO: Surrounding Property Owners FROM: Shell Beach LLC PURPOSE: AMENDED NOTIFICATION OF FILING OF NONSIGNIFICANT ZONING CHANGE APPLICATION PROPERTY: TMK (3) 6-8-022: 024 On June 13, 2006, Applicant, Shell Beach LLC, filed its Nonsignificant Zoning Change Application with the County of Hawaii Planning Department to reconfigure the Open zone portion of the 225,162 square foot parcel along South Kaniku Drive located in the Mauna Lani Resort. The change involves changing the zoning category of 410 square feet from the Open zone to the Residential, Multiple Family ("RM-3") zone and moving 410 square feet from the RM-3 zone to the Open zone. The total square footage of the Open zone being reconfigured is less than 5% of the total size of the property. The total square footage of Open zone and the RM-3 zone will remain the same. The proposed rezoning will not result in a substantial change in the density of the zoned area. A copy of the location map of the subject property is attached for your reference. In accordance with Rule 8-4 of the County of Hawaii Planning Department of Rules of Practice and Procedure and Section 25-2-4 (a)(1) of the Hawaii County Zoning Code, we are notifying all property owners within 300 feet of the affected area of the filing of the application. This is an application for proposed administrative action by the Planning Director. Pursuant to § 25-2-44 of the Hawaii County Zoning Code, the Planning Director may administratively grant any nonsignificant zoning change. The Planning Director has 30 days, or until June 30, 2006, in which to determine whether Applicant's request is a nonsignificant zoning change. If you have questions or require additional information concerning this Application, please call me at 329-5811 or contact the Planning Department (Hilo: 961-8288; Kona: 327-3510). llini 6 co + iii f - ~ / ! b I J/j 14^ i ~ 8 t ~ ~ , de 1 : =7 l t ? e i f. i i v l ~ a:~,C' ~I 1 g A ~ :-r~7~~•., its t t ~ a Sul ''y,., ~ Y t ~ : l'P ~ i - Sl W d ° f 1i 8aR 4 t 1 c a d e s • s c by y 2 C 7 a limited liability law partnership FL.r JJV. a; Y Transmittal Memorandum TO Planning Director County Of Hawaii Planning Department Aupuni Center, Suite 3 101 Pauahi Street Hilo, Hawaii 96720 FROM : Roy A. Vitousek III DATE : June 14, 2006 RE : TMK: 6-8-22:24 Application for Nonsignificant Zoning Change (Application mailed 6/13/06) We are sending you the following: ORIG. COPIES DATED DESCRIPTION 1 6/13/06 Certificate of Mailing to Property Owners Within 300 Feet of TMK (3) 6-8-22:24 of Notification of Filing Nonsignificant Zoning Change Application ? For your information ? For signature and return x? For your files ? For signature, forwarding, ? Per your request as noted below & return ? Per our conversation ? For review & comment ? For necessary action ? For distribution ? Are returned herewith ? For recording/filing REMARKS: lmanageDB: 579324.1 .1 CS Cades Schulte Building Kona Office 1000 Bishop Street, Suite 1200 75-170 Hualalni Road, Suite B-303 Honolulu, Hawaii 96813 Kailua Kona, Hawaii 96740 Tel: 808.521-9200 Tel: 808329-5811 Fax: 808.521-9210 Fax: 808.326-1175 www.cades.com Shell Beach LLC, Applicant TMK: 6-8-22:24 Nonsignificant Zoning Change Application CERTIFICATE OF MAILING TO PROPERTY OWNERS WITHIN 300 FEET OF TMK (3) 6-8-22:24 1 hereby certify that a copy of the Notification of Filing of Nonsignificant Zoning Change Application relative to Shell Beach LLC's Application for Nonsignificant Zoning Change filed with the County of Hawaii Planning Department on June 13, 2006, was served upon each of the Owners/Lessees at the addresses shown below: Tax Map Key No. Owner/Lessee and Address 6-8-22: 23, 33 & 39 Mauna Lani Resort (Operation) Inc. 68-1400 Mauna Lani Drive, 4102 Kamuela, Hawaii 96743 6-8-22: 27 Mauna Lani Resort (Operation) Inc. 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-22: 32 Tokyu Corporation c/o Mauna Lani Service, Inc. 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-22: 35 Mauna Lani Service, Inc. HCR 2 68-1310 Mauna Lani Drive, #101 Kamuela, Hawaii 96743 6-8-33:53 49 Black Sand Beach at Mauna Lani 810 Richards Street, Suite 900 Honolulu, Hawaii 96813 U.S. POSTAGE PAID R KONR,HI MAILED BY: .(JfI~C KRILU Roy A. Vitousek III JUN963.' 06 I uxnF AMOUNT Cades Schutte, LLP ^O_*^LSM Kailua-Kona, Hawaii 96740 0000 $1.50 Attorneys for Applicant 00087676-12 1