HomeMy WebLinkAboutCOM 0753.000 2006-2008
~Y O•~
Harry Kim Dixie Kaetsu
Mayor Managing Director
Barbara Kossow
Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawai'i 967204252 • (808) 961ffi11 Fax (808) 961-6553
KONA: 75-5706 Kualdni Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 • Fax (808) 326-5663
October 17, 2007
Honorable Pete Hoffmann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue y
Hilo, HI 96720
Dear Chairman Hoffmann and Members:
County Council Initiated
Amendment to Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition, As Amended)
Permitting Wind Energy Facilities in the Open District
/hange of Zone (REZ 769)
Applicant: Volcano Fairways Development Corporation
Request: Amendment to Change of Zone Ordinance No. 94-98
(Condition B - Final Subdivision Approval)
Tax Map Key: 9-9-6:8
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely
Harry Kim
Mayor
Enclosures -7 2
cc: Planning Department Comm, No. J
/ Ref. To:
$ 9 > Ref. Date OCT 2 2
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
Phone (808) 961-8288 Fax (808) 961-8742
October 17, 2007
Pete Hofmann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2nd Floor
Hilo, HI 96720
Dear Chairman Hofmann and Council Members:
Change of Zone (REZ 769)
Applicant: Volcano Fairways Development Corporation
Request: Amendment to Change of Zone Ordinance No. 94-98
(Condition B - Final Subdivision Approval)
Tax Map Key: 9-9-6:8
The Planning Commission, after a duly held public hearing on October 5, 2007, voted to
recommend for your approval the proposed legislative bill for an amendment to Condition B
(time to secure final subdivision approval) of Change of Zone Ordinance No. 94-98, which
rezoned 16.78 acres of land from Agricultural 1-acre (A-1a) and Open (O) to a Single Family
Residential 15,000 square foot (RS-15) district. The property is located adjacent to the Volcano
Golf and Country Club Subdivision and the Volcano Golf Course, Keauhou, Ka`u, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant requests an amendment to Condition B of Ordinance No. 94 98 for
a 5-year extension of time to secure final subdivision approval for the Volcano Golf &
Country Club, Unit V Subdivision, through August 1, 2012. Condition B would be
amended as follows: (material to be deleted is bracketed and struck-through; material to
be added is underscored)
0 "[Subdivision plans ..hall he submitted within o year ffom the °ff°"tiye dato ,.C
the ehange of zane-] Final subdivision approval shall be secured within [ene Year]
Hawaii County is an Equal Opportunity Provider and Employer
Pete Hoffmann, Chairman
and Members of the County Council
Page 2
five years from the [date of reeeipt of tentative subdivision a effective
date of this amendment."
The applicant received tentative subdivision approval from the Planning
Department on May 3, 1995, which was within one year from the effective date of
Ordinance No. 94 98 as required in Condition B. However, final subdivision approval,
which should have been secured within one year from the date of tentative subdivision
approval (May 3, 1996), was not secured due to financial constraints and internal
reorganization efforts. On July 12, 2006, in its effort to obtain final subdivision approval,
the applicant submitted a fully executed Agreement and Bond for subdivision
improvements to ensure the completion of the improvements for the Volcano Golf
Country Club, Unit V Subdivision in accordance with construction plans and
specifications as approved by appropriate County agencies.
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 are not the result of
their fault or negligence. The applicant is a successor in interest to the original
subdivider, HSC Inc. However, due to financial constraints and internal reorganization
efforts, the time conditions within the ordinance were not satisfied by HSC and/or the
applicant. The applicant has invested a substantial amount of time and money to develop
the project. Revised final plat maps have been submitted and tentative subdivision
approval has been secured. In addition, the applicant has been informed by letter dated
October 3, 2006 that the Planning Department has been recommending that affordable
housing requirements be updated to conform to the current County affordable housing
requirements specified in Chapter 11, Hawaii County Code. To that end, the applicant
has purchased eight affordable housing credits to satisfy Condition F of the ordinance,
and proposes to construct three additional completed affordable dwelling units within a
15-mile radius of the project site. The applicant has made a good faith effort in
complying with conditions of Ordinance No. 94 98.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. When the rezoning was approved by Ordinance No. 94 98 in 1994, the
project area was designated Medium Density Urban under the 1989 General Plan LUPAG
Map. The area was rezoned to Single-Family Residential 15,000 square feet (RS-15) to
allow the creation of the Volcano Golf and Country Club, Unit V Subdivision. The 2005
General Plan currently designates the area as Low Density Urban, reflecting the approved
zoning. Therefore, the request would not be contrary to the changes within the 2005
General Plan.
Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone. The original reasons for the approval of the change of
Pete Hoffmann, Chairman
and Members of the County Council
Page 3
zone are still applicable and the request is not contrary to these reasons. The project area
is not classified under the Agricultural Lands of Importance in the State of Hawaii
(ALISH) designation and the Land Study Bureau's Productivity Rating. The applicant is
still committed to completing the subdivision, and a fully executed Agreement and Bond
for subdivision improvements has been submitted to ensure the completion of the
improvements for the subdivision. No negative comments were received from agencies
or the public on the request.
Based on the above, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Condition B with the
following changes to Ordinance No. 94 98. In addition, the Planning Director
recommends that existing conditions in the ordinance be revised to reflect the current
standard language for conditions of approval. (Material to be deleted is bracketed and
struck-through; new material is underscored):
A. the applicant, successors or its assigns shall be responsible for complying with all
of the stated conditions of approval;
B. [subdivision plans shall be submitted within one year fief'' the e ff "tiye Aat° of
the change of zone-.] Final subdivision approval shall be secured within [one year]
five years from the effective date of this amendment [reeeipt of tentati,,e
subdivision
C. [restrictive . ants the 'lee is of all of the proposed residential lots with:ff the
..h:ecc r
et properties shall he vs..l.miae'1 to the Planning DepaA`"'°'bt for review "n
rzoxro ........................,.1,........,... ....d
ocm~Jpivpcrrroror
shall h recited in an t«..ment a cuted by theapplicant and then nt., nn.l
nnn«AeA ...:A' the Bure. u of Gonyeyaneen likewise prism to final s;ubdiyig:on
appre a1. The restrictive eRve4;ams in he d-pods of all th° t.royosed- r.,,,.aen.:41
the
lots of the . object prope.-t:..n shall e kI each let-
L `hall he provided with a ,"}°r e"tnlbment system and ste«age c c:tJ
meeting r with the nts of the Pln g Depart... 'bt the Fif
gallons per day per ,]..belling as determined by the Planning Dena.dment in
consultation with then ate agencies-,
accen
z'l shall eanstmet rater storage w -k(s) in an sable location F « fir
guipment with easy Are depaftment hose peek up F r unr°nt«:eted use ..F
e e
the water storage in ease of F.«e e
Pete Hoffmann, Chairman
and Members of the County Council
Page 4
3. shall provide a:aalpap'° and Yelating to 4h° 1`_v °F^
Dot of Watff Supply, and w-hieh sha4l also inslud-R tha: tl.,. !''...ta .«t
Hawaii shall not be responsible to preyid water at any time, to the
subdi •:'1ed residential lots of the subj°°t «r.....,.w.. egar dens of the
si4iatien; and-
4. shall prohibit the eanstmetian E)f an ehana dwelling or a seeend dwellin
cunt.]
Property owners in the Volcano Golf & Country Club, Unit V Subdivision
shall comply with the restrictive covenants in Document No(s). 96-155291
recorded at the State Bureau of Conveyances on October 30, 1996.
D. a wastewater disposal system shall be constructed in a manner meeting with the
approval of the State Department of Health and/or the Department of [Publie
Wsdis] Environmental Management, whichever is applicable;
E. solid waste m ep4 plan shall be preps'°'1 meeting with the ..ppf,syal of the
Department of Publie Works prior to s4mitting plans fOF subdivisien rev
The Dl h 1, inelude, but ..,.4 1 e limited to the Fna..agem°nt of eonstpa op
lid waste ° well a ra4:no and demest:° selid waste generated by the s.. eet
prepefty. Approved reeefnfaendations and Faitigaienmeasufes shall be
implemented at a time and in a manner- °°ting with the approval of the
Depa't-n°pt of Publie Wefk ; Comply with the Solid Waste Management Plan
approved by the Department of Public Works on January 22, 1996 and the
Planning Department on March 7, 1996.
F. to ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall [work with the Offiee of Housing an
C ity Devel°p,«°"t and the Plan« o DepaFtffle i4 t° f rmtdate a housin
plan for the development, whieh shall h-,-. eRnsistent ivith the ipAerifn a&r-dable
p 1 n No 65 This ha,.s:no plan shall be a red by the ! aunty 14eusin
A geney prior te final subdivision a •al of the development provided that the
applicant shall noti fy the /-eunt., Housing Agency of any intent to sell leases
pls in tFust, of athefwi voluntarily alter the ownership intefest in the
provided,
pfapefty prior to visible eommeneement of eenstrdrtien an the pfepei4y; however, that the a plieant may trans f r o reship in the propeA), to M affiliate
isistent with prier representations to the County 14eus:r.8
Ageneyj comply with the requirements of Chapter 11, Article 1, Hawaii County
Code relating to Affordable Housing Policy. This requirement shall be approved
Pete Hoffinann, Chairman
and Members of the County Council
Page 5
by the [re...,.., cousin n e e.,] Administrator of the Office of Housing and
Community Development prior to final subdivision approval;
G. a drainage system shall be installed meeting the requirements of the Department
of Public Works;
H. access to the subject property from Mamalahoa Highway via Piimauna Drive shall
be improved meeting with the requirements of the Department of Public Works
and the State Department of Transportation prior to Final Subdivision Approval of
the subject properties. These improvements shall include stabilizing the roadway
crossing the "Great Crack" and the grading of shoulders;
1. should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Department when it finds that
sufficient mitigative measures have been taken;
J. comply with all other applicable County, State and Federal laws, rules, regulations
and requirements [of the of f eked ageneies, neluding these of the DepaFt ,eats of
Health, Edueatieii, Water Supply, Pabli" V17ofk and Fire rep af6me .t];
K. should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance;
L. an annual progress report shall be submitted to the Planning Director prior to the
anniversary of the effective date of the change of zone. The report shall address
the status of the development and the compliance with the conditions of approval.
This condition shall remain in effect until all of the conditions of approval have
been complied with and the Planning Director acknowledges that further reports
are not required; [aid]
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. The fair share contribution shall become due and payable within five
Pete Hoffmann, Chairman
and Members of the County Council
Page 6
years from the effective date of this amended change of zone ordinance. The fair
share contribution for each lot shall be based on a maximum density for each lot
as determined by the zoning resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adiusted
annually beginning three years after the effective date of the amendment to the
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a maximum combined value of
$10,976.69 per single-family residential unit. The total amount shall be
determined with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
single-family residential unit shall be allocated as follows:
• $5,293.15 per single-family residential unit to the County to support park and
recreational improvements and facilities;
• $255.34 per single-family residential unit to the County to support police
facilities;
• $504.33 per single-family residential unit to the County to support fire facilities;
• $220.80 per single-family residential unit to the County to support solid waste
facilities;
$4,703.06 per single-family residential unit to the County to support road and
traffic improvements;
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire, police, solid
waste disposal facilities and roads within the region impacted by the proposed
development, subject to the review and recommendation of the Planning Director, upon
consultation with the appropriate agencies and approval of the County Council.
0] N. [an ,.wtenq:s4i of time f r the perfefmafflee Rf, end-itie..a ..,ithin the erdin nce may
he s,r. pAed by the Planning Direct...-,,pon the following r "'st""..
1\ the nen per f fmanee is the r..s..lt ef..enditiens th..t , Ridd have hpe
f reseen a laeyon l the eefitfal of the applieants
and that n nat the result ..f their f alt e egligenee• '
'2\ tin.. of the t' extension rrvu et be. ..v.. v ..trayy to the Ge..v.» al Plan
2~1~leIIn"R1"IIS'221I]G vv. ..U. H.v v w. v.
Zoning Code;
Z\ a"ting of the time extension uld not h- P. eontrafy to the original
s for the ,.rand.g of the pefmit•
A\ the time extension granted shall he for a period not toe eed the ner:,.d
Hally gr nted for- perf .manse (i.e., ndition to he nerfefined within
one yeaf maybe extended for nn too additional ar)• and
Pete Hoffmann, Chairman
and Members of the County Council
Page 7
5) if the appl:eants should r-equest n additional extension of Limn the
m,
Planning Dire..4..r shall submit the annli..nnts' r e not to the Goiin4
Co veil for- a 'ia4n ae ion l
If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and
County Council for appropriate action.
Furthermore, should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
For your favorable consideration, an amendment to Ordinance No. 94 98 is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely
William Graham, Chairman
Planning Commission
LvolcanofairwaysNpcPC
Enclosures
cc: Jennifer Zelko, Esq.
Department of Public Works
Department of Water Supply
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BvolPa y,Mdoc-9/24/0
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
VOLCANO FAIRWAYS DEVELOPMENT CORPORATION
AMENDMENT TO CONDITION B
CHANGE OF ZONE ORDINANCE NO. 94 98 (REZ 769)
VOLCANO FAIRWAYS DEVELOPMENT CORPORATION is requesting an
amendment to Conditions B (time to secure final subdivision approval) of Change of Zone
Ordinance No. 94 98, which rezoned 16.78 acres of land from Agricultural 1-acre (A-la) and
Open (O) to a Single-Family Residential 15,000-square foot (RS-15) district. The property is
located adjacent to the Volcano Golf and Country Club Subdivision and the Volcano Golf
Course, Keauhou, Ka'u, Hawaii, TMK: 9-9-6: 8.
PROPOSED ACTION
1. Request: Amendment to Condition B of Ordinance No. 94 98 for a 5-year extension of
time to secure final subdivision approval for the Volcano Golf & Country Club, Unit V
Subdivision, through August 1, 2012. Condition B would be amended as follows:
(material to be deleted is bracketed and struck-through; material to be added is
underscored)
• Condition B:
"[SubdMsien plans shall be subfnitW within ene year from the effeefive da4
the change e€zete] Final subdivision approval shall be secured within [ene
yew] five years from the effective date of [re ipt e f tent tiye subdivision
approval] this amendment."
(Exhibit 1- August 22, 2007 letter and attachments)
2. Reasons for the Request: The applicant received tentative subdivision approval from
the Planning Department on May 3, 1995, which was within one year from the effective
date of Ordinance No. 94 98 as required in Condition B. However, final subdivision
approval, which should have been secured within one year from the date of tentative
subdivision approval (May 3, 1996), was not secured due to financial constraints and
internal reorganization efforts. On July 12, 2006, in its effort to obtain final subdivision
-1-
ATTACH: Co m. 753
Bill 191
approval, the applicant submitted a fully executed Agreement and Bond for subdivision
improvements to ensure the completion of the improvements for the Volcano Golf
Country Club, Unit V Subdivision in accordance with construction plans and
specifications as approved by appropriate County agencies.
BACKGROUND INFORMATION
3. September 13, 1994: Effective date of Ordinance No. 94 98, which amended the district
classification of approximately 16.7 acres from Agricultural one-acre (A-la) and Open
(O) to Single-Family Residential 15,000 square feet (RS-15) to allow the development of
the Volcano Golf & Country Club, Unit V Subdivision consisting of approximately 40
lots ranging in size from approximately 15,003 to 25,366 square feet. (Applicant's
Exhibit A)
4. May 3,1995: Effective date of tentative subdivision approval.
AGENCIES' COMMENTS
5. Department of Environmental Management: Exhibit 2 - August 31, 2007 memo
AGENCIES AND COMMENTS - NO COMMENTS OR OBJECTIONS
6. Department of Public Works, DLNR Land Division, Department of Health
AGENCIES AND ORGANIZATIONS - NO RESPONSE
7. Police Department, Fire Department, Department of Water Supply, Office of Housing
and Community Development, Department of Transportation, DLNR Historic
Preservation Division
PUBLIC COMMENTS
8. None as of this writing.
-z-
r. '
~}If( ~'i} 22 CARLSMITH BALL LLP
- - _ - A LIMITED LIA6ILnY LAW PARTNERSHIP
121WAIANUENUEAVENUE
P.O. Box 686
HYLO, HAW All 96721-0686
TELEPHONE 808.935.6644 FAx 808.935.7975
W W W.CARLSMITH.COM
JZELKOOCARLSMITH.COM OUR REFERENCE NO.:
039675-00001
August 22, 2007
VIA HAND DELIVERY
Mr. Christopher J. Yuen
Planning Director
County of Hawaii, Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Change of Zone Ordinance No. 94-98
Applicant: Volcano Fairways Development Corporation
Subdivision: Volcano Golf & Country Club, Unit V
Proposed subdivision of a portion of R.P. 4475, L.C. Aw. 7713, Ap. 11 Into
Lots 1 to 40, Inclusive & Road Lots A, B and C (SUB 94-142)
Request for a 5-Year Time Extension to secure Final Subdivision Approval
Tax Map Key: (3) 9-9-006:008 (±16.781 acres)
Dear Mr. Yuen:
On behalf of Volcano Fairways Development Corporation, a Hawaii corporation
("Volcano Fairways"), we respectfully request that you process through the Planning
Commission and County Council, Volcano Fairway's 5-year time extension request in order to
secure final subdivision approval for the Volcano Golf & Country Club, Unit V subdivision
through August 1, 2012.
Volcano Fairway's Change of Zone Ordinance No. 94-98 (Ord. 94-98) effective
September 13, 1994, amended the district classification of that certain real property located at
Keauhou, Ka'u, Island, County and State of Hawaii, TMK: (3) 9-9-006:008 ("Property") from
Agricultural (A-l a) and Open (O) to Single Family Residential (RS-15). Tentative approval of
the preliminary plat map for Volcano Fairways subdivision was issued on May 3, 1995 (SUB
94-142), as amended by the Planning Department by letter dated June 7, 1995. The tentative
approval covered the proposed subdivision of the Property determined to be a portion of R.P.
4475, L.C. Aw. 7713, Ap. 11 Into Lots 1 to 40, Inclusive and Road Lots A and B.
Condition B of Ord. 94-98 required that "final subdivision approval shall be secured
within one year from the date of receipt of tentative subdivision approval", which would have
been May 3, 1996. However, due to unforeseen circumstances that were beyond the control of
HONOLULU KAPOLM 11n KoEXHiBT GUAM SARAN Los ANGELES
Volcano Fairways Development Corp.
August 22, 2007
Page 2
Volcano Fairways, Condition B regarding timing was not satisfied. hi support of its request,
Volcano Fairways, successor-in-interest to original subdivider HSC, Inc. ("HSC") provides the
following summary and the attached charts depicting Volcano Fairways compliance with the
conditions of approval under Ord. 94-98 (attached as Exhibit 1) and tentative subdivision
approval under SUB 94-142 (attached as Exhibit 2).
As required under Condition B of Ord. 94-98, Volcano Fairways submitted its
subdivision plans within one year from the effective date of the same. The Planning Department
acknowledged receipt of the final plat map dated February 14, 1996 on February 26, 1996.
Furthermore, the Construction Plan Tracing for Volcano Golf & Country Club, Unit V was
initially approved on March 12, 1996. However, due to financial constraints and internal
reorganization efforts, compliance with the time conditions of approval under Ord. No. 94-98
and the tentative approval of SUB 94-142 as amended, were not satisfied by HSC and/or
Volcano Fairways.
In its effort to obtain final subdivision approval, Volcano Fairways transmitted to the
Planning Department on July 12, 2006, a fully executed Agreement (Subdivision Improvements)
and Bond to ensure the completion of the subdivision improvements for the Volcano Golf &
Country Club, Unit V Subdivision in the amount of one million three hundred seventy-four
thousand, three hundred ninety-one and no/dollars ($1,374,399.00), in accordance with
construction plans and specifications as approved by appropriate County agencies. On February
1, 2006, Volcano Fairways submitted 10 copies of the revised plat map to the Planning
Department. By letter dated September 13, 2006, Volcano Fairways submitted its second revised
final plat map dated September 12, 2006.
In addition, in your letter dated October 3, 2006 acknowledging receipt of ten copies of
the second revised final plat map, you stated that the Planning Department has "regularly been
recommending that affordable housing requirements be updated to conform to the current county
affordable housing requirements specified in Chapter 11, Hawaii County Code". As a direct
result of this request, Volcano Fairways purchased eight (8) affordable housing credits as
required to satisfy Condition F of Ord No. 94-98. Furthermore, Volcano Fairways is proposing
to construct three (3) additional completed affordable dwelling units within a fifteen-mile radius
of the project site, thereby bringing the total amount of affordable housing excess credits to 14,
and the percentage of affordable housing offered for the development of this Property to thirty-
five (35%) percent, even though the current County affordable housing requirement is 20%.
On November 14, 2005, the Construction Plan Tracing was again approved by DPW,
and on July 6, 2007, DPW approved the Completion of Improvements for the subdivision. The
infrastructure for the Volcano Golf & Country Club, Unit V subdivision, is now completed, and
Volcano Fairways has satisfied all conditions of approval under the tentative approval of SUB
94-142, as amended.
Therefore, on behalf of Volcano Fairways we formally request that you process through
the Planning Commission and County Council, it's 5-year time extension request up to and
including August 1, 2012, in order to secure final subdivision approval for Volcano Golf &
'
I
i
Volcano Fairways Development Corp.
August 22, 2007
Page 3
Country Club, Unit V subdivision. Although the subdivision improvements are completed in
regards to the current conditions of approval, out of our overabundance of caution, we are
requesting a 5-year time extension request in order to secure final subdivision approval of SUB
94-142, as we are aware that this is the current Planning Department policy pertaining to
completion of subdivision improvement under a change of zone approval. We are concurrently
submitted with the filing of this time extension our final annual report depicting Volcano
Fairways compliance with the conditions of approval under Ord. 94-98.
Please do not hesitate to contact Steve Lim or Jennifer Zelko should you have any
questions or require additional information concerning this submittal.
Sincerely,
Jenm W
JLZ/l lh
Exhibits A & B
cc: Mr. Richard Henderson
Mr. D.W. Rose
Inaba Engineering, Inc.
4838-3693-8497.1
622/07
VOLCANO GOLF & COUNTRY CLUB, UNIT V
Chance of Zone Ordinance No. 94-98
Agricultural (A-la) and Open (O) to Single Family Residential (RS-15)
TMK: (3) 9-9-006:008 ±16 Acres
EFFECTIVE: SEPTEMBER 13,1994
CONDITIONS OFAPPROVAL
CONDITION DEADLINE STATUS EXHIBIT
(A) The applicant, Satisfaction of Condition A Applicant shall Exhibit A
successors and assigns shall is dependent on deadlines continue to
be responsible for complying contained in other conditions comply with the
with all stated conditions of included in this Change of Conditions of
approval; Zone Approval under
Ord. 94-98
(B) Subdivision plans shall Deadline: September 13, Satisfied Exhibit A
be submitted within one year 1995 (COZ effective
from the effective date of the September 13, 1994)
change of zone.
Tentative Approval granted Exhibit B
May 3, 1995
Final subdivision approval **Deadline: May 3, 1996
shall be secured within one (date of Tentative Approval
year from the date of receipt May 3, 1995)
of tentative subdivision
approval;
(C) Restrictive covenants Required to be submitted Satisfied Exhibit I
in the deeds of all of the prior to Final Subdivision
proposed residential lots Approval
within the subject properties
shall be submitted to the Satisfied in the CC&Rs
Planning Department for recorded at the State of
review and approval prior to Hawaii Bureau of
final subdivision approval. A Conveyances on October 30,
copy of the approved 1996 at Doc No(s) 96-
covenant shall be recited in 155291
an instrument executed by the
applicant and the county and
recorded with the Bureau of
Conveyances likewise prior
to final subdivision approval.
The restrictive covenants in
the deeds of all the proposed
residential lots of the subject
properties shall require that
4837-1562-2145.1 EXHIBIT 1
each lot:
1. shall be provided with a Exhibit B
water catchment system and
storage capacity, meeting
with the requirements of the
Planning Department, the Fire
Department, the Department
of Water Supply and the State
Department of Health based
on a formula using median
annual rainfall and daily
usage of gallons per day per
dwelling as determined by the
Planning Department in
consultation with the
appropriate agencies;
2. shall construct water
storage tank(s) in an
accessible location for fire
equipment with easy fire
department hose hook-up for
unrestricted use of the water
storage in case of fire
emergency;
3. shall provide disclosure
and waiver provisions
relating to the lack of a
private or municipal water
system meeting with the
requirements of the
Department of Water Supply,
and which shall also include
that the County of Hawaii
shall not be responsible to
provide water, at any time, to
the subdivided residential lots
of the subject property,
regardless of the situation;
and
4. shall prohibit the
construction of an ohana
dwelling or a second dwelling
4837-1562-2145.1
unit.
(D) A wastewater disposal IWS units will be approved
system shall be constructed in for each individual lot by
a manner meeting with the DPW and DOH during
approval of the State construction
Department of Health and/or
the Department of Public
Works, whichever is
applicable;
(E) A solid waste Approved by DPW on Satisfied Exhibit F
management plan shall be January 22, 1996 and the
prepared meeting with the County Planning Department
approval of the DPW prior to on March 7, 1996
submitting plans for
subdivision review. The Plan DPW approved Completion Exhibit P
shall include, but not be of Improvements on July 6,
limited to, the management of 2007
construction solid waste as
well as operating and
domestic solid waste
generated by the subject
property. Approved
recommendations and
mitigation measures shall be
implemented at a time and in
a manner meeting with the
approval of the DPW;
(1) To ensure that the Deadline to completed Prior Satisfied Exhibits L
Goals and Policies of the to Final Subdivision & N
Housing Element of the Approval
General Plan are
implemented, the applicant Satisfied by Agreement 40 lots x 20% Exhibit O
shall work with OHCD and Recorded on May 10, 2007 affordable
the PD to formulate a housing between HICDC and COH housing
plan for the development, and the Agreement dated requirement =
which shall be consistent with April 23, 2007 between 8 affordable lots
the interim affordable HICDC and OHCD- required
housing policy of the County assignment of 8 Affordable
as contained in the Hawaii Housing credits.
County Housing Agency
Resolution No. 65. This Applicant voluntarily intends Plus 6 affordable Exhibit M
housing plan shall be to develop 6 affordable housing excess
approved by the County housing excess credits (using credits
Housing Agency prior to final 3 of the 4 lots included in the =35 % affordable
subdivision approval of the AHA recorded with the State housing for the
development provided that of Hawaii BOC on January project
4837-1562-2145.1
the applicant shall notify the 2, 2007 at Doc No 2007-
County Housing Agency of 000505). Affordable
any intent to sell, lease, Housing Agreement Doc No
assign, place in trust, or 2007-000505 to be Released.
otherwise voluntarily alter the
ownership interest in the
property prior to visible
commencement of
construction on the property;
provided, however, that the
applicant may transfer
ownership in the property to
an affiliate or in a manner
consistent with prior
representations to the County
Housing Agency;
(G) A drainage system Construction Plan Tracing Satisfied Exhibits G
shall be installed meeting Approval on March 12, 1996 & J
with the requirements of and again on November 14,
DPW; 2005
DPW approved Completion Exhibit P
of Improvements on July 6,
2007
(H) Access to the subject Construction Plan Tracing Satisfied Exhibits G
property from Mamalahoa Approval on March 12, 1996 & J
Highway via Piimauna Drive and again on November 14,
shall be improved meeting 2005
with the requirements of
DPW and DOT prior to Final DPW approved Completion Exhibit P
Subdivision Approval of the of Improvements on July 6,
subject properties. These 2007
improvements shall include
stabilizing the roadway
crossing the "Great Crack" &
grading shoulders;
(n Should any unidentified N/A Satisfied N/A
sites or remains such as
artifacts, shell, bone, or
charcoal deposits, human
burials, rock or coral
alignments, pavings or walks
be encountered, work in the
immediate area shall cease
and PD shall be immediate)
4837-1562-2145.1
f
notified. Subsequent work
shall proceed upon an
archaeological clearance from
the PD when it finds that
sufficient mitigative measures
have been taken;
(.n Comply with all other Construction Plan Tracing Satisfied Exhibits G
applicable laws, rules, Approval on March 12, 1996 & J
regulations and requirements and again on November 14,
of the affected agencies 2005
including those of the DOH,
DOE, DWS, DPW and Fire DPW approved Completion Exhibit P
Department; of Improvements on July 6,
2007
(I) Should the Council No Unified Impact Fee N/A N/A
adopt a Unified Impact Fees Ordinance for this property
Ordinance setting forth adopted to date
criteria for the imposition of
exactions or the assessment of
impact fees, conditions
included herein shall be
credited towards the
requirement of the Unified
impact Fees Ordinance;
(L) an annual progress **Annual Report filed Exhibit Q
report shall be submitted to concurrently with submittal
Planning Director prior to the of time extension request.
anniversary date of the
effective date of COZ. The
report shall address the status
of the development and the
compliance with the
conditions of approval. This
condition shall remain in
effect until all of the
conditions of approval have
been complied and the
Planning Director
acknowledges that no further
reports required; and,
(N) an extension of time **No first Administrative Exhibit A
for performance of conditions Time Extension Granted
within the ordinance may for this Project
granted by the Planning
Director upon the following
circumstances:
4837-1562-2145.1
1) the non-performance is
the result of conditions that
could have been foreseen or
are beyond the control of the
applicants, successors or
assigns, and that are not the
result of their fault or
negligence;
2) granting of the time
extension would not be
contrary to the General Plan
or Zoning Code;
3) granting of the time
extension would not be
contrary to the original
reasons for the granting of the
permit;
4) the time extension
grated shall be for a period
not to exceed the period
originally granted for
performance (I.e., a condition
to be performed within one
year may be extended for up
to one additional year); and
5) if the applicants should
request an additional
extension of time, the
Planning Director shall
submit the applicants' request
to the County Council for
appropriate action.
Further, should any of the
conditions not be met or
substantially complied with in
a timely fashion, the Director
shall initiate rezoning of the
area to its original or more
appropriate designation.
4837-1562-2145.1
VOLCANO GOLF & COUNTRY CLUB, UNIT V
Tentative Approval (SUB 94-192)
Proposed subdivision of a portion R.P. 4475, L.C. Aw. 7713. Ap. 11
Into Lots 1 to 40. Inclusive and Road lots A and B
TMK (3) 9-9-006:008 ±16 Acres
EFFECTIVE: May 3,1995
CONDITIONS OFAPPROVAL
CONDITION DEADLINE STATUS EXHIBIT
1. Identify all watercourses Construction Plan Tracing Satisfied Exhibits G
and drainageways and Approved on March 12, 1996 and & J
encumber with drainage again on November 14, 2005
easements.
DPW approved Completion of Exhibit P
Improvements on July 6, 2007
2. Provide drainage Construction Plan Tracing Satisfied Exhibits G
facilities to dispose additional Approved on March 12, 1996 and & J
storm runoff. Comply with again on November 14, 2005
DOH requirements for
drywells and Underground DPW approved Completion of Exhibit P
Injection Control (UIC) Improvements on July 6, 2007
permits.
3. Ordinance No 94-98 Exhibit B
conditions the following:
a. Construct wastewater **IWS units will be approved by
disposal system meeting with DPW and DOH for each
the approval of State individual lot during construction
Department of Health and/or
County Department of Public
Works (Wastewater
Management Division).
b. Submit solid waste Solid Waste Management Plan Satisfied Exhibit F
management plan meeting approved on January 22, 1996 by
with approval of County DPW. Planning Department
Department of Public Works reiterated approval on March 7,
(Solid Waste Division) 1996
c. Provide improvements Construction Plan Tracing Satisfied Exhibits G
to Piimauna Drive access from Approved on March 12, 1996 and & J
Mamalahoa Highway meeting November 14, 2005.
requirements of the State DPW approved Completion of Exhibit P
Department of Transportation Improvements on July 6, 2007
and County of Department of
4835-1468-8769.1
EXHIBIT 2
Public Works. Stabilize the
roadway crossing the existing
fault at the National Park
boundary and grade the
shoulders.
4. Extend Road Lot B to Amended June 7, 1995 to state: Satisfied Exhibit D
Lot 32 so that Lot 32 accesses For the 20-foot wide roadway
directly onto the turnaround. easement off Road Lot B, provide
Delete 20-ft. wide road minimum 16-ft. wide
easement and reconfigure Lot nondedicable pavement within a
33 to be a flag lot with pole minimum 20-ft. width right-of-
accessing the turnaround. way conforming to Standard
Detail R-39.
Construction Plan Tracing Exhibits G
Approved on March 12, 1996 and & J
again on November 14, 2005.
DPW approved Completion of Exhibit P
Improvements on July 6, 2007
5. For Road Lots A, B, C, Construction Plan Tracing Satisfied Exhibits G
provide minimum 20-ft. wide Approved on March 12, 1996 and & M
dedicable pavement with again on November 14, 2005.
paved shoulders and swales DPW approved Completion of Exhibit W
conforming to DPW Standard Improvements on July 6, 2007
Detail R-34 with vertical and
horizontal alignment based on
30 mph design seed.
6. Road Lot "A" curve Construction Plan Tracing Satisfied Exhibits G
radius is less than the 200 ft Approved on March 12, 1996 and & J
minimum required by Section again on November 14, 2005.
23-50. Inaba Engineering DPW approved Completion of Exhibit P
provides substandard 165-ft. Improvements on July 6, 2007
radius based on stopping sight
distance. Acceptable radius
for cul-de-sac curve to be
resolved during construction
plan review. Additional
requirements, such as limited
access for Lots 14 and 15,
sight distance easements,
vertical alignment, signage,
etc. to be imposed as
appropriate.
7. Provide street lights as Variance (VAR 747) approved on Satisfied Exhibit H
required by the Traffic June 4, 1996
Division.
4835-1468-8769.1
8. Submit construction Construction Plan Tracing Satisfied Exhibits G
plans and drainage report for Approved on March 12, 1996 and & J
review and comment. again on November 14, 2005.
DPW approved Completion of Exhibit W
Improvements on Jul 6, 2007
9. Comply with all Required applicant to file a written Satisfied Exhibit B
conditions of approved agreement re: Water Variance &
Water Variance Application with the Planning Department Exhibit I
No. 650 (VAR 95-12) prior to receipt re: Water Variance
of final subdivision approval
containing stipulations and
covenants which shall be recorded
with the BOC
CC&Rs including the Water
Variance language recorded on
October 30, 1996 with the BOC
10. Comply with all **Complied with all conditions of Exhibit A
conditions of approved approval other than Condition B
Change of Zone Ordinance of the COZ
No. 94 98
11. Place property markers Completed by Alan Inaba on Satisfied Exhibit M
in accordance with the final March 22, 2007
plat map. Surveyor shall
submit certification upon
completion.
12. Submit nine (9) copies Deadline: May 3, 1996 Satisfied Exhibit B
of the final plat map within
one year from the date of Submitted 9 copies of final plat Exhibit E
tentative approval. If not, map on February 26, 1996
tentative approval to the
preliminary map shall be Submitted 10 copies of revised Exhibit K
deemed null and void. Only plat map dated February 1, 2006
upon written request from the
subdivider and for a good Submitted 10 copies of second Exhibit L
cause can a time extension be revised plat map dated September
granted, provided it is 13, 2006
submitted forty-five (45) days
before the expiration of said
period of one year.
13. Subdivider shall **Tentative Approval granted on Exhibit C
complete all requirements May 3, 1995, therefore,
specified as conditions for deadline to complete all conditions
approval of the preliminary of approval would have been
rat (tentative approval) May 3, 1998
4835-1468-8769.1
i
within 3 years of said and no extension was requested
approval. An extension of not and/or granted by the Planning
more than two years may be Department
granted by the director upon
timely written request of the
subdivider.
4835-1468-8769.1
.
VOLCANO FAIRWAYS SUBDIVISION
TMK: (3) 9-9-006:008±16 Acres
Subdivision No. 94-142
(Effective May 3, 1995)
REZ 769
(Effective September 13, 1994)
EXHIBIT A ...........September 13, 1994 - Rezoning Ordinance # 94-98 (REZ-769)
EXHIBIT B ...........May 1, 1995 - Variance #95-12:Relating to Minimum Water Requirements
EXHIBIT C ...........May 3, 1995 - Tentative Approval of Preliminary Plat (SUB-94-000142)
EXHIBIT D ..............June 7, 1995 - DPW revised Condition 4 of TA letter relating to Roadway
Easement
EXHIBIT E ...........February 26, 1996 - Planning Department acknowledges receipt of 9 copies
of the Final Plat Map dated February 16, 1996
EXHIBIT F ...........March 7, 1996 - Compliance with Condition E of Ordinance - Solid Waste
Management Plan
EXHIBIT G ...........March 12, 1996 - Construction Plan Tracing Approval
EXHIBIT H ...........June 4, 1996 - VAR 747 Variance relating to Construction and Installation of
Street Lights
EXHIBIT I ............October 30, 1996 - Declaration of Protective Covenants, Conditions and
Restrictions for Volcano Golf and Country Club Unit V
EXHIBIT J ............November 14, 2005 - Construction Plan Tracing Approval
EXHIBIT K ...........February 9, 2006 - Planning Department Acknowledges receipt of 10 copies
of Revised Final Plat Map
EXHIBIT L ...........September 13, 2006 - Submittal of 10 copies of Revised Final Plat Map
EXHIBIT M ..........December 22, 2006 - Affordable Housing Agreement
EXHIBIT N ...........March 22, 2007 - Inaba Engineering letter to Planning Department stating
property markers for the new lot comers have been placed in accordance
with the Final Plat Map
EXHIBIT O ...........May 10, 2007 - Affordable Housing Assignment from HICDC to Volcano
Fairways
EXHIBIT P ............July 6, 2007 - Department of Public Works Approval of road construction
(DPW Folder No. 9926)
EXHIBIT Q ...........Annual Report 2006-2007 - Change of Zone Ordinance No. 94-98
4851-0617-7793.1.039675-00001
i
VOLCANO FAIRWAYS
SUBDIVISION
TMK: (3) 9-9-006:008 ±16 Acres
Subdivision No. 94-142
(Effective May 3, 1995)
REZ 769
(Effective September 13, 1994)
u4
EXHIBIT A
September 13, 1994
Rezoning Ordinance # 94-98 (REZ-769)
t
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. a a
(DRAFT 3)
ORDINANCE NO. 94 98
AN ORDINANCE AMENDING SECTION 25-109 (KA'U DISTRICT ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) AND
OPEN (0) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT KEAUHOU, KA'U,
HAWAII, COVERED BY TAX MAP KEY 9-9-06:8(PORTION).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII.:
SECTION 1. Section 25-109, Article 3, Chapter 25 (Zoning Code)
of the Hawaii County Code, is amended to change the district
classification of property described hereinafter as follows:
The district classification of the following area situated
at Keauhou, Ka'u, Hawaii, shall be Single Family Residential
(RS-15):
PARCEL 1:
Beginning at a point at the northeast corner of this parcel of
land and on the westerly side of Piimauna Drive, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "Uwekahuna" being 7,109.82 feet
North and 2,665.53 feet East and running by azimuths measured
clockwise from true South:
1. 350° 09' 99.96 feet along the westerly
side of Piimauna Drive;
thence along the westerly
side of Piimauna Drive
along a curve to the left
having a radius of
530.00 feet, the chord
azimuth and distance being:
2. 3950 17' 15" 88.31 feet;
3. 3400 30' 30" 315.37 feet along the westerly
side of Piimauna Drive;
thence along the westerly
side of Piimauna Drive
along a curve to the right
having a radius of 470.00
feet the chord azimuth and
distance being:
4. 3450 24' 15" 80.22 feet;
5. 3500 18' 126.01 feet along the westerly
side of Piimauna Drive
along a curve to the left
having a radius of 300.00
feet, the chord azimuth
and distance being:
6. 3420 50' 30" 77.88 feet;
7. 3350 23' 119.37 feet along the westerly
side of Piimauna Drive;
8. 57" 43' 438.36 feet;
9. 1520 56' 30" 950.00 feet;
10. 2450 00' 600.00 feet along Volcano Golf
and Country Club
Subdivision Unit III (F.
P. 1748) Park G, Lots 137,
136, 135, 134 and Park F
to the point of beginning
and containing an area of
10.7421 Acres. (Refer to
Parcel 'I as shown on
Exhibit "A".)
The district classification of the following area situated at
Keauhou, Ka'u, Hawaii, shall be Single Family Residential (RS-15):
PARCEL 2:
Beginning at a point at the southeast corner of this parcel of land
and on the westerly side of Piimauna Drive the coordinates of said
point of beginning referred to Government Survey Triangulation
Station "Uwekahuna" being 6,060.07 feet North and 3,000.65 feet East
and running by azimuths measured clockwise from true South:
l
-2-
i
thence along the remainder of R.
P. 4475, L. C. Aw. 7713, Apana it
to V. Kamamalu for the neat six
(6) courses the direct azimuths
and distances being:
1. 650 24 420.89 feet
2. 1180 46' 280.25 feet;
3. 169° 00' 355.00 feet;
4. 1170 50' 335.00 feet;
5. 1690 00' 65.00 feet;
6. 1170 34' 22" 582.69 feet;
7. 2820 20' 450.44 feet along Volcano Golf
and Country Club
Subdivision Unit III (F.
P. 1748) Park G;
8. 2450 00' 223.20 feet along Volcano Golf
and Country Club
Subdivision Unit III (F.
P. 1748) Park G;
9. 3320 56' 30" 950.00 feet;
10. 2370 43' 438.36 feet to a point at the
westerly side of Piimauna
Drive;
11. 3350 23' 124.72 feet along the westerly
side of Piimauna Drive;
thence along the westerly
side of Piimauna Drive
along a curve to the left
having a radius of
370.00 feet, the chord
azimuth and distance being:
12. 3400 41' 07.5" 68.38 feet;
13. 3450 59' 15" 6.58 feet along the westerly
side of Piimauna Drive to
the point of beginning and
containing an acre of
6.0392 Acres. (Refer to
Parcel 2 as shown on
Exhibit "A".)
-3-
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following:
(A) the applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of approval;
1
(B) subdivision plans shall be submitted within one year from
the effective date of the change of zone. Final
subdivision approval shall be secured within one year from
the date of receipt of tentative subdivision approval;
(C) restrictive covenants in the deeds of all of the proposed
residential lots within the subject properties shall be
submitted to the Planning Department for review and
approval prior to final subdivision approval. A copy of
the approved covenant shall be recited in an instrument
executed by the applicant and the county and recorded with
the Bureau of Conveyances likewise prior to final
subdivision. approval. The restrictive covenants in the
deeds of all the proposed residential lots of the subject
properties shall require that each lot:
1. shall be provided with a water catchment system and
storage capacity, meeting with the requirements of the
Planning Department, the Fire Department, the
Department of Water Supply and the State Department of
Health based on a formula using median annual rainfall
and daily usage of gallons per day per dwelling as
determined by the Planning Department in consultation
with the appropriate agencies;
-4-
~ t
r"
2. shall construct water storage tank(s) in an accessible
location for fire equipment with easy fire department
hose hook-up for unrestricted use of the water storage
in the case of fire emergency;
3. shall provide disclosure and waiver provisions
relating to the lack of a private or municipal water
system meeting with the requirements of the Department
of Water Supply, and which shall also include that the
County of Hawaii shall not be responsible to provide
water, at any time, to the suLdivided residential lots
of the subject property, regardless of the situation;
and
4. shall prohibit the construction of an ohana dwelling
or a second dwelling unit.
(D) A wastewater disposal system shall be constructed in a
manner meeting with the approval of the State Department of
Health and/or the Department of Public Works, whichever is
applicable;
(E) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to submitting plans for subdivision review. The Plan shall
include, but not be limited to, the management of l
construction solid waste as well as operating and domestic
solid waste generated by the subject property. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the
approval of the Department of Public Works;
(F) to ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant v
shall work with the Office of Housing and Community
-5-
Development and the Planning Department to formulate a
housing plan for the development, which shall be consistent
with the interim affordable housing policy of the County as
contained in the Hawaii County Housing Agency Resolution
No. 65. This housing plan shall be approved by the County
Housing Agency prior to final subdivision approval of the
development provided that the applicant shall notify the
County Housing Agency of any intent to sell, lease, assign,
place in trust, or otherwise voluntarily alter the
ownership interest in the property prior to visible
commencement of construction on the property; provided,
however, that the applicant may transfer ownership in the
property to an affiliate or in a manner consistent with
prior representations to the County Housing Agency;
(G) a drainage system shall be installed meeting with the
requirements of the Department of Public Works;
(H) access to the subject property from Mamalahoa Highway via
Piimauna Drive shall be improved meeting with the
requirements of the Department of Public Works and the V
State Department of Transportation prior to Final
Subdivision Approval of the subject properties. These
improvements shall include stabilizing the roadway crossing
the "Great Crack" and the grading of shoulders;
(I) should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings or walks be encountered, work in
the immediate area shall cease and the Planning Department
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Department when it finds that sufficient mitigative
measures have been taken;
i
-6-
(J) comply with all other applicable laws, rules, regulations
and requirements of the affected agencies, including those
of the Departments of Health, Education, water Supply,
Public Works and Fire Department;
(K) should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified
Impact Fees Ordinance;
(L) an annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
effective date of the change of zone. The report shall
address the status of the development and the compliance
with the conditions of approval. This condition shall
remain in effect until all of the conditions of approval
have been complied and the Planning Director acknowledges
that further reports are not required; and,
(M) an 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 have been foreseen or are beyond the control of
the applicants, successors or assigns, and that are
not the result of their fault or negligence;
2) granting of the time extension would not be contrary
to the General Plan or Zoning Code;
3) granting of the time extension would not be contrary
to the original reasons for the granting of the permit;
-7-
l
9) the time extension granted shall be for a period not
to exceed the period originally granted for
performance (i.e., a condition to be performed within
one year may be extended for up to one additional
year); and
5) if the applicants should request an additional
extension of time, the Planning Director shall submit
the applicants' request to the County Council for
appropriate action.
Further, should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of the 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.
INTRODUCED BY:
jaa.44 A"*t-a
COUNCIL M1.10•R, CO TTY Or' HAWAII
Hilo, Hawaii
Date of Introduction: August 24, 1994
Date of 1st Reading: August 24, 1994
Date of 2nd Reading: September 7, 1994
Effective Date: September 13, 1994
LPPROVED AS TO FORM AND LEGALITY:
RATION COUNSEL
4TED:
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{
Please replace th aclosed with 444,
the last page of Ordinance 94-98,
which was sent earlier.
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HALM VOLCANOES
NATIONAL PARK
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bGbOOt.N p~VC~A
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A41MCLUL AL lA- a) VOLCAND
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PARCM. 2 p
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IN6L.LE FAMILY c
ESIOMMAL am-IS)
RVA • 6.0342 A<,FW a-Ia
AMENDMENT TO THE .ZONIK6 CODE
AMENDING SECTION 25-109 (KAU DISTRICT ZONE MAP)
ARTICLE 3, CHAPTER, 25 (ZONING CODE) OF THE HAWAII
:OUNTY CODE BY CHANaNe THE DI5TRlCT CLA55IFIC/moN
FROM AGRICULTURAL (A-ia) AND OPEN (O) TO
t 51N6LE FAMILY RESimwnAL (RS-15) AT KEAUHOU,
KAU, HAWAII.
EXHIBIT B
May 1, 1995
Variance #95-12
Relating to Minimum Water Requirements
i
V•ircma Goldan
Stephen K. Yanwhito Dl,ana.
Mazer
• Ncmnn O)na
&p ty Dl~
~lIIUZtf~r (7-
PLANNING DEPARTMIU TT
25 Aupuni Snug Aeua 109 • Wien Hawu 96720.4252
(808) %14288 • Ra OW) 961A615
CERTIFIED MAIL
P 008113 617
May 1, 1995
Mr. Michael S. Chagami, Treasurer
HSC, Inc.
345 Kekuanaoa Street
Hilo, HI 96720
Dear Mr. Chagami:
Variance Application No. 650 (VAR 95-12)
Applicant: HSC, Inc.
Request: Variance From Minimum Water Requirements
of Subdivision Control Code
Tax May Key: 9-9-6:8: Subd. 94-142
After reviewing your application and the information submitted on
behalf of it, including comments received from consulting agencies,
the Planning Director, by this letter, hereby certifies the approval
of your variance request to allow the creation of a 40-lot
subdivision without a water system meeting the minimum water
requirements of the County Department of Water Supply as required by
Article 6, Division 2, Section 23-84 (1) of the Subdivision Control
Code.
The subject property is located within Volcano Golf and Country Club
Subdivision, Unit V Keauhou, Kau, Island of Hawaii.
The Planning Director has concluded that the variance request from
the Subdivision Control Code minimum water requirements should be
approved based on the following:
SPECIAL AND UNUSUAL CIRCUMSTANCES
There are special and unusual circumstances that exist which would
warrant or necessitate a waiver from the minimum requirements to
service the proposed 40-lot subdivision. The Department of
I
Mr. Michael S. Chagami
Page 2
May 1, 1995
Water Supply stated "That the proposed subdivision is not within the
service limits of the Departments existing water system facilities."
As such, all dwellings on the 40-lots will be provided with water
catchment systems for domestic consumption as well as fire-fighting
purposes.
Therefore, considering the foregoing issues, it has been determined
that there are special and unusual circumstances applying to the
subject property which exist either to a degree which deprive the
applicant of substantial property rights that would otherwise be
available or to a degree which obviously interfere with the best use
or manner of development of the subject property.
ALTERNATIVES
There are no reasonable alternatives in resolving the required water
system requirement. To upgrade the existing County water system by
the individual applicant would not be economically feasible. The
other alternative would be to drill wells to create a private water
system. The County Council approved Resolution No. 24794 which
established criteria for water catchment systems to allow for the
zoning of lands in Urban designated areas without the necessary
infrastructure for water.
As such, the imposition of upgrading the existing public water
system or the creation of a private water system in this area for
the proposed 40-lot subdivision would be putting excessive demands
upon the applicant when a more reasonable alternative is available.
In addition, the area receives adequate annual rainfall to support a
private water catchment system. The applicant can also purchase
water, if necessary, for the private water catchment system.
INTENT AND PURPOSE
The subject property consisting of 16.71813 acres is located within
the County's Single Family Residential zoned district. Under this
zoning designation, the minimum building site area is 15,000 square
feet. The applicant is proposing a 40-lot subdivision with area
exceeding the minimum 15,000 s.f. lot size requirements of the
Zoning Code.
The intent and purpose of requiring a water system in this case is
to assure that a adequate water system is available for domestic
consumption and fire protection. In this situation, the substitute
private water catchment system is considered adequate for this
agricultural land.
r i
Mr. Michael S. Chagami
Page 3
May 1, 1995
Based on the foregoing findings, this variance request would be
consistent with the general purpose of the zoning district, the
intent and purpose of the Zoning and Subdivision Control Codes and
the County General Plan, will not be materially detrimental to the
public's welfare, and will not cause substantial adverse impact to
the area's character and to adjoining properties.
The variance request is, therefore, approved subject to the
following conditions:
1. The applicant, his assigns, or successors shall be
responsible for complying with all stated conditions of
approval.
2. The applicant, his assigns, or successors shall file a
written agreement with the Planning Department prior to
receipt of final subdivision approval containing the
following stipulations and covenants which shall be duly
recorded at the Bureau of Conveyances of the State of
Hawaii by the Department at the cost and expense of the
subdivider:
a. The applicant/subdivider agrees and accepts the fact
that a County dedicable public water system is not now
or in the foreseeable future able to service the
subdivision.
b. The applicant/subdivider agrees and accepts the fact
that the County will not, at any time, bear the
responsibility of supplying public water to the
subdivision.
C. Any existing and/or future dwellings not serviced by
County water system constructed on the property shall
have a minimum 6,000-gallon water storage facility for
domestic consumption for water catchment. This
catchment system shall adhere to the Department of
Public Works, Building Division's "Guidelines for
Owners of Rain Catchment Water Systems" as well as the
State Department of Health requirements related to
water testing and water purifying devices.
d. Provide a water supply system sufficient for
fire-fighting consisting of a minimum 3,000 gallons of
water per existing and/or proposed future dwelling on
the property meeting with the approval of the Hawaii
County Fire Department. If dwellings are spaced closer
than 50 feet apart, 4,000 gallons of water per dwelling
will be required.
~i
Mr. Michael S. Chagami
Page 4
May 1, 1995
e. In the event that there are any amendments or changes
to the subdivision after the agreement is signed, the
applicant/subdivider shall be responsible for informing
the department of the amendments or changes so that the
agreement can reflect the amendments or changes.
Further, the written agreement shall be considered as a
condition and covenant running with the land and shall
be binding upon the applicants/subdivider or owner, his
successors, and assigns and shall be incorporated as an
exhibit and made part of each agreement of sale, deed,
lease, or other similar documents affecting the title
or ownership of each subdivided lot.
f. In the event that any of the lots are provided by a
water service (individual meter) from the Department of
Water Supply or an approved private water system, the
above covenants for the specific property will no
longer be in effect.
g. Comply with all other applicable State and County rules
and regulations.
Should any of the foregoing conditions not be complied with, the
Planning Director may proceed to declare this variance Permit null
t and void.
Sincerely,
M yu
VIRGINIA O DSTEIN
Planning D rector
EC:mjs
6394D
xc: Subdivision No. 94-142
Department of Water Supply
i
EXHIBIT C
May 3, 1995
Tentative Approval of Preliminary Plat
(SUB - 94-00142)
virgins Go)d wir
.,cuphen Y- Yamz+hico Di,eemr
Norman 01k
D•W9 Dirseeor
e
(911un#g d fu~ii. _ .
PLANNING DEPARTMENT
25 Aupuni Scree, Room 109 • Hilo, Hawaii 96720-4252
OW) 961.8288 . Fox OM) 961.%1 S
May 3, 1995
Yoshio Inaba
Inaba Engineering, Inc.
273 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Inaba:
Subdivider: HSC, INC.
"Volcano Golf & Country Club, Unit V"
Proposed subdivision of a portion of
R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive and
Road Lots A and B
Keauhou, Ka'u, Hawaii
TMK: 9-9-006:008 (SUB 94-142)
Please be informed that tentative approval. of the preliminary
plat is hereby granted with modifications and conditions.
The subdivider is now authorized to prepare detailed drawings
of the plan in accordance with Chapter 23, Subdivision Control
Code, County of Hawaii, as modified. Before final approval can
be granted, the following conditions must be met:
1. Identify all watercourses and drainageways and
encumber with drainage easements.
2. Provide drainage facilities to dispose additional
storm runoff. Comply with State Department of Health ?
(DOH) requirements for drywells and Underground
Injection Control (UIC) permits.
3. Ordiance 94-98 conditions the following:
a. Construct wastewater disposal system meeting with
the approval of State Department of Health and/or
County Department of Public Works (Wastewater
Management Division).
r
MAY 4. 1995,
Yoshio Inaba
May 3, 1995
Page 2
b. Submit solid waste management plan meeting with
approval of County Department of Public Works
(Solid Waste Division).
C. Provide improvements to the Piimauna Drive access
from Mamalahoa Highway meeting requirements of
the State Department of Transportation and County
Department of Public Works. Stabilize the
roadway crossing the existing fault at the
National Park boundary and grade the shoulders.
C'. Extend Road Lot B to Lot 32 so that Lot 32 accesses
directly onto the turnaround. Delete 20-ft, wide road
easement and reconfigure Lot 33 to be a flag lot with
~l pole accessing the turnaround.
5. For Road Lots A, B, C, provide minimum 20-ft. wide
dedicable pavement with paved shoulders and swales
conforming to Department of Public works Standard
Detail R-34 with vertical and horizontal alignment
based on 30 mph design speed.
6. Road Lot "A" curve radius is less than the 200 feet
minimum required by Section 23-50. Inaba Engineering
provides substandard 165-ft. radius based on stopping
sight distance. Acceptable radius for cul-de-sac
curve to be resolved during construction plan review.
Additional requirements, such as limited access for
Lots 14 and 15, sight distance easements, vertical
alignment, signage, etc. to be improsed as appropriate q . ~~qV7
7. Provide street lights as required by the Traffic,,/40t
Division.
8. Submit construction plans and drainage report for ?
review and comment.
9. Comply with all conditions of approved water Variance/
No. 650.
10. Comply with all conditions of approved Change of Zone,/
Ordinance No. 94 98.
11. Place property markers in accordance with the final
plat map. Surveyor shall submit certification upon
completion.
l
4
Yoshio Inaba
May 3, 1995
( Page 3
12. Submit nine (9) copies of the final plat map within
one year from the date of tentative approval. If not,
tentative approval to the preliminary map shall be
deemed null and void. Only upon written request from U
the subdivider and for a good cause can a time extension be granted, provided it is submitted
forty-five (45) days before the expiratio:i of said
period of one year.
r
13. Subdivider shall complete all requirements specified
as conditions for approval of the preliminary plat
(tentative approval) within three years of said
approval. An extension of not more than two years may
be granted by the director upon timely written request
of the subdivider.
You should be aware that if at any time during the fulfillment
of the foregoing conditions that environmental problems emerge--
problems which were earlier overlooked or not anticipated/
accounted for in data/reports available to date--this should be
sufficient cause to immediately cease and desist from further
activities on the proposed subdivision, pending resolution of
the problem(s). The Planning Director shall confer with
members of the Subdivision Technical Review Committee or other
concerned agencies to resolve the problem and notify you
accordingly.
No final approval for recordation shall be granted until all
the above conditions have been met.
Land shall not be offered for sale, lease or rent until final
approval for recordation of the subdivision.
Should you have any questions, please feel free to contact
Ed Cheplic_of this department.
Sincerely
VIR NIA G LDSTEIN
Pla ing irector
EC: lm
6420D(10-12)
Attach.
I
xc: 4 engineers
PLNG-KONA
HSC, Inc.
PD VAR 650; REZ 769
EXHIBIT D
June 7, 1995
DPW Revised Condition 4 of TA letter
relating to
Roadway Easement
Vus...r Golduein
Stephen K. Yamuhiro Director
Mayer Norman Olnar
. Da6u9r Director
l9uunfV of -
C,- i
PUNN NG DEPARTMENT
25 Aupud Sava, Boos 109 . Hilo, HowaB %7204252
(808) %14295- Pax (SOS) %1•%1!
June 7, 1995
Yoshio Inaba
Inaba Engineering, Inc.
273 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Inaba:
Subdivider: HSC, INC.
"Volcano Golf & Country Club, Unit V"
Proposed subdivision of a portion of
R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive and
Road Lots A and B
Keauhou, Ka'u, Hawaii
TMK: 9-9-006:008 (SUB 94-142)
The Department of Public Works has re-evaluated their comments
regarding the subject subdivision application.
As such, please revise Condition No. 4 of our tentative
approval letter of May 3, 1995, to read as follows:
4. For the 20-foot wide roadway easement off Road Lot B,
provide minimum 16-ft. wide nondedicable pavement
within a minimum 20-ft. width right-of-way conforming
to Standard Detail R-39.
All other conditions remain applicable for final subdivision
approval.
Should you have any questions, please feel free to contact
Ed Cheplic of this department.
ncerely,
Vir twice ~
VIRGNIA GO STEIN
Planning Di ector
EC:lm
-6615D(4) 7 7
ac: 4 engineers 1995
PLNG-KONA app 1 3
EXHIBIT E
February 26, 1996
Planning Department acknowledges receipt of 9 copies
of the Final Plat Map dated February 14, 1996
+tY 01
VirginiaGoldstein
Stephen K. Yamashiro „ DEF . . ' .
M° %NS, Director
Norman Olesen
i o... 96 F[ : : iZ 23 Deputy Director
VIGH
(90unt of Pufunit HA.
l riCT
PLANNING DEPARTMENT
25 Aupuni street, Room 109 • Hilo, Hawaii 96720.4252
(808) %1.8288 • Fix ON) %1.9615
February 26, 1996
Alan Z. Inaba, LPLS
Inaba Engineering, Inc.
273 Waianuenue Avenue
Hilo, HI 96720
L, 7
Dear Mr. Inaba:
FINAL PLAT MAP
SUBDIVIDER: HSC, INC. - =
"Volcano Golf & Country Club, Unit V" _
Proposed Subdivision of a portion of = ca
R.P. 4475, L. C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive and
Road Lots A and B
Keauhou, Ka'u, Hawaii
TMK- 9-9-0Q6- 10R (4778 94-147)
This is to acknowledge receipt of nine (9) copies of the final plat map dated February 14,
1996, for the referenced application.
By a copy of this letter, we are forwarding a copy of the final plat map to the listed officers
for their review. Final approval shall be granted upon compliance with the remaining
conditions stated in the letter of tentative approval dated May 3, 1995.
Should you have any questions, please feel free to contact Ed Cheplic of this department.
Sincerely,
V R INIA LDSTEIN State Highways - Hawaii District
Planning D' for NOT APPLICABLE
ETC:Inm
94142hsc.fpm
EXHIBIT F
March 7,1996
Compliance with Condition E of Ordinance
Solid Waste Management Plan
I,.
tV Or N,,4
Virginia Goldstein
Stephen K. Yamuhiro Dimtor
Mayor Norman Olexn
S yet`` Delmo Dbecror
PLANNING DEPARTMENT
2S Aupun( Street, Rump 109 • 101% Ha"ii 96920.4252
(808) 961.8286 • Fix (808) %1-%15
March 7, 1996
Mr. Richard Henderson, President
HSC, Inc.
345 Kekuanaoa Street
Hilo, HI 96720
Dear Mr. Henderson:
Change of Zone No. 769 (Ordinance No. 94-78)
Applicant: HSC, Inc.
Request: Compliance With Condition E (Solid Waste
Management Plan)
Tax Mau Key: 9-9+6 rortion of 8
This is to inform you of compliance with Condition E of the
above-referenced Ordinance regarding submittal of a Solid Waste
Management Plan. We have received a copy of a letter dated
January 22, 1996 from the Department of Public Works to Inaba
Engineering informing us of their approval of this Plan.
Please be informed that, in accordance with Ordinance No. 94-78,
Conditions C (Restrictive Covenants), F (Housing Plan) and H
(Access) shall also be complied with prior to securing Final
Subdivision Approval for the development.
Should you have any questions regarding this matter, please
contact Susan Gagorik or Alice Kawaha of this office at 961-8288.
S ncerely,
VIRi NIA OLDSTEIN
' 'j"
Planning irector
SKG:mjs
F:\WP60\MICHELLE\1996\LHENDERS.SG
i
xc: SUB 94-142
I
EXHIBIT G
March 12,1996
Construction Plan Tracing Approval
i.
S~wN
Virginia Goldstein
Stephen X Yamashita Dirtcror
Mayor Norman Olean
Drprry Dir=tor
h'W„?
dount of ~1tttuxii
PLANNING DEPARTMENT
25 Aupani Stns, Roam 109 • Hilo, thmil 96720.4252
(SOB) %1-8288 • Fax (8W) %1•%I5
March 12, 1996
Jason K Inaba, LPLS
Inaba Engineering, Inc.
273 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Inaba:
CONSTRUCTION PLAN TRACING APPROVAL
SUBDIVIDER: HSC, INC.
'Volcano Golf & Country Club, Unit V'
Proposed Subdivision of a portion of
R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive and
Road Lots A and B
Keauhou, Ka'u, Hawaii
TMK: 9-9-006:008 (SUB 94-1421
We have reviewed the subject tracing of the construction plan and found that it has met
with our approval. Accordingly, we have certified the tracing and have enclosed it with
this letter.
Please submit appropriate sets of prints of the aforesaid tracing together with
specifications to the listed officers for reference and files.
Further action on the subject subdivision request shall be taken when the subdivider
meets with the remaining conditions of tentative approval and completes all
improvements in accordance with the approved construction plans. In lieu of actually
completing the improvements to secure final subdivision approval, the subdivider may
file with our department a 100% surety bond and agreement to ensure completion of all
subdivision improvements.
'i 5f
MAR 1 4
Jason K Inaba
March 12, 1996
Page 2
If you have any questions, please feel free to contact Ed Cheplic of this department.
Sincerely,
vl
VIR NIAG DST IN
Planning Dir or
ETC:Inm
94142hsc.cpa
Enc. - Tracing
xc: Manager, DWS
Chief Engineer, DPW
Sanitary Engineer, DOH
District Engineer, DOT
PLNG-KONA
Michael Chagami, HSC, Inc.
EXHIBIT H
June 4, 1996
(VAR 747)
Variance Relating to
Construction and Installation of Street Lights
1
°.J~o! Virginia Goldstein
D'r`efOf
Stephen K. Yamashiro
( Mayor
Norman Olean
Deputy Director
Cauldv of itzfuttii
PLANNING DEPARTMENT
25 Aupuni Strut, Room 109 • Hilo, Hawaii 96720.4252
(808) 961-8288 • Fax (808) 961.9615
June 4, 1996
Mr. Michael S. Chagami, Treasurer
HSC, Inc.
345 Kekuanaoa Street
Hilo, HI 96720
Dear Mr. Chagami:
Variance Permit (VAR 747)
Applicant: HSC, Inc.
Variance From Section 23-93, Related to Construction
and Installation of Street Lights of Chapter 23,
Subdivision Control Code
Tax Mao Key: 9-9-6:8
After reviewing your application and the information submitted on
behalf of it, the Planning Director certifies the approval of
your variance request to allow a proposed forty (40) lot
subdivision without meeting the requirements of Chapter 23,
Subdivision Control Code, Section 23-93 related to installation
of street lights.
The subject property is located at Volcano Golf and Country Club
Subdivision, Unit V, Keauhou, Kalu, Island of Hawaii, Tax Map
Key: 9-9-6:8.
The Planning Director has concluded that the variance request
from Section 23-93 requirement should be approved based on the
following findings.
Special and Unusual Circumstances
1. The subject property is part of the Volcano Golf and Country
Club Subdivision consisting of 16.7813 acres of land area.
z
2. There are special circumstances that interfere with
development of the subject property, specifically, the
interest of the Hawaii Volcanoes National Park as well as
L the Peregrine Fund (Hawaiian Endangered Bird Conservation
Program) which operates a 150-acre bird sanctuary about a
Mr. Michael S. Chagami, Treasurer
HSC, Inc.
Page 2
June 4, 1996
mile from the proposed subdivision. They both oppose the
construction of street lights within the proposed
subdivision because of their interest in preserving the
natural characteristics of the area as well as protecting
the endangered birds environment.
3. The existing, Volcano Golf and Country Club Subdivision,
Unit I through IV, consists of approximately 400 residential
lots and 23 streets none of which have street lights.
4. The addition of street lights in proposed Unit V would not
be consistent with the character of the area or the
surrounding properties.
Therefore, considering the foregoing facts, it is determined that
there are special and unusual circumstances applying to the
subject property which exist either to a degree which deprive the
owner or applicant(s) of substantial property rights that would
otherwise be available, or to a degree which obviously interferes
with the best use or manner of development of the subject
property.
Alternatives
1. There are no reasonable alternatives to mitigate the
concerns of the national park service or the bird
conservation center.
2. The subdivider, HSC, Inc., would be willing to include a
restrictive deed covenant stating that all exterior house
and yard lights be shrouded so as not to illuminate skyward.
Based on the above cited considerations, there are no reasonable
available solutions without excessive demands placed on the
applicant(s) when a more reasonable alternative is available by
the granting of this variance application.
Intent and Purpose
The intent and purpose of requiring street lights within a
subdivision is to assure adequate lighting. The existing 400 lot
subdivision presently has no street lights.. As such, the
deletion of the street light requirement would not be materially
detrimental to the public welfare. Rather than cause an adverse
impact, deletion of the street light requirement would enhance
the areas character.
r ,
Mr. Michael S. Chagami, Treasurer
HSC, Inc.
Page 3
June 4, 1996
Therefore, while the Subdivision Control Code requires street
lights, in this particular case, the imposition of the street
light requirement would visually and physically adversely impact
adjacent properties inasmuch as the existing subdivision does not
have street lights.
There was strong support to granting this specific variance
request by the surrounding property owners as well as
participating government agencies.
Based on the foregoing findings, this variance request would be
consistent with the general purpose of the zoning district, the
intent and purpose of the zoning and the County General Plan;
will not be materially detrimental to the public's welfare; and
will not cause substantial adverse impact to the area's character
or to adjoining properties.
This variance request is approved subject to the following
conditions:
1. The applicant, their assigns or successors shall be
responsible for complying with all stated conditions of
approval.
2. The approval of this variance shall be included in the
conveyances document for the subject property, including
that all exterior house and yard lights be shrouded so as
not to illuminate skyward and a copy of the recorded
conveyance document shall be submitted to the Planning
Department within one (1) year from the effective date of
approval of this variance.
3. Comply with all other applicable State and County
regulations.
Should any of the foregoing conditions not be complied with, the
Planning Director may proceed to declare this variance permit
null and void.
S~.incerely, ~ -
VIRGINIA G DSTEIN
Planning D ector
EC:mjs
F:\WP60\MICHELLE\1996\LCHAGAMI.EC
xc: West Hawaii Office
EXHIBIT I
October 30, 1996
Declaration of Protective Covenants, Conditions and
Restrictions for Volcano Golf and Country Club
Unit V
,f
R-.598
STATE OF HA.WAT.T.
MIRKAO OF CONVEYANCES
RECORDED
OCT 30, 1.996 01.:4.5. PM
DOr.. NO(g) q6-1557.83.
/S/CART. T. WAT.ANABE
ACTTNG
REGTSTRAR OF CONVFV.ANr.
LAND COURT SYSTEM REGULAR SYSTEM
RETURN BY: MAIL (X ) PICKUP( ) TO:
STEVEN S. C. LIM
Carlsmith Ball Wichman Case & Ichiki
121 Waianuenue Avenue
Hilo, Hawaii 96720
Telephone: (808) 935-6644
volcano. cc& rs/ 10-21-96
DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS
E9B _
VOLCANO GOLF AND COUNTRY CLUB. UNIT V
DECLARANT: VOLCANO FAIRWAYS DEVELOPMENT CORPORATION, a Hawaii
corporation
PROPERTY: VOLCANO GOLF AND COUNTRY CLUB, UNIT V
Keauhou, District of Ka'u
Island, County and State of Hawaii
AFFECTS TAX MAP KEY: (3) 9-9-06:08
~ I (
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
VOLCANO GOLF AND COUNTRY CLUB. UNIT V
TABLE OF CONTENTS
Page
ARTICLE I. DEFINITIONS 1
1.1 Amending Declaration 1
1.2 Association 2
1.3 Declarant 2
1.4 Declaration 2
1.5 Design Requirements 2
1.6 Design Review Agent 2
1.7 Guest 2
1.8 Improvement 2
1.9 Lot 2
1.10 Owner 2
1.11 Person 3
1.12 Record 3
1.13 Roadway Lot 3
1.14 VOLCANO GOLF AND COUNTRY CLUB, UNIT V 3
ARTICLE 11. USE RIGHTS AND RESTRICTIONS 3
2.1 Use Limitations 3
2.2 Use Limitations as to Lot 33 4
2.3 Subdivision of Lots 4
2.4 Flooding and Erosion 4
2.5 No Hazardous Activities 4
2.6 No Unsightliness 4
2.7 Fires 5
2.9 No Open Storage 5
2.9 Garages and Carports 5
2.10 Parking 5
2.11 Lighting 5
2.12 Accessory Buildings 5
2.13 No Temporary Structures 6
2.14 No Noxious or Offensive Activity 6
t
i
Page
2.15 Hedges, Fences and Walls 6
2.16 Water System for Domestic Consumption 6
2.17 Water System for Fire-Fighting Purposes 6
2.18 Preservation of Tsugi Cedar Trees 7
ARTICLE III. DESIGN REQUIREMENTS 7
3.1 Compliance with Regulations and Codes 7
3.2 Grading, Clearing and Drainage 7
3.3 Protection of View Corridors 7
3.4 Signs 7
3.5 Setback 8
3.6 Minimum Size 8
3.7 Structures Above Ground Level 8
3.8 Height Limitations 8
3.9 Fuel Storage and Trash Receptacles 8
3.10 Satellite Dishes, Antennae, Utility Connections and
Laundry Facilities 9
3.11 Construction Material 9
3.12 Roofing Materials 9
3.13 Solar Heating/Power Systems 9
3.14 Exterior Colors of Improvements 9
3.15 Completion of Construction 9
ARTICLE IV. DESIGN APPROVAL 10
4.1 Purpose 10
4.2 Restriction and Scope 10
4.3 Design Approval 10
4.4 Design Review Agent 11
ARTICLE V. ROADWAY MAINTENANCE 11
5.1 Dedication/Maintenance of Roadway Lot 11
l
ii
Page
ARTICLE VI. ASSOCIATION OF OWNERS OF
VO NO GOLF AND COUNTRY L UNIT V 11
6.1 Membership 11
6.2 Enforcement- of Protective Covenants, Conditions
and Restrictions 11
6.3 Association Fees 12
6.4 Notices 12
6.5 Association Fee and Special Assessment to be a Lien 12
6.6 Paramount Lien 12
6.7 Estoppel Certificate 13
6.8 Suspension of Privilege of Membership 13
ARTICLE VII. MISCELLANEOUS 13
7.1 Duration of Declaration 13
7.2 Amendment 13
7.3 Voting 13
7.4 Effect of Provisions of Declaration 14
7.5 Enforcement and Remedies 14
7.6 Protection of Encumbrancer 14
7.7 Construction 15
7.8 Assignment of Powers 15
7.9 Non-Avoidance 15
7.10 Limited Liability, 15
7.11 Successors and Assigns 15
7.12 Severability 15
7.13 Captions 15
7.14 No Waiver 15
7.15 Further Assurances 16
7.16 Notices 16
7.17 Presumption of Compliance 16
7.18 Word Usage 16
EXHIBIT "A"
EXHIBIT "B"
iii
~ I
l
DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS
EM
VOLCANO GOLF AND COUNTRY CLUB, UNIT -Y
THIS DECLARATION is made this 24th day of October 1996, by
VOLCANO FAIRWAYS DEVELOPMENT CORPORATION, a Hawaii corporation, whose
mailing address is 345 Kekiranaoa Street, Hilo, Hawaii 96720, hereinafter referred to as the
"Declarant".
WITNESSETH:
WHEREAS, Declarant is the fee simple owner of that certain parcel of real property
situate at Keauhou, District of Ka'u, County and State of Hawaii more particularly described in
Exhibit "A" attached hereto; and
WHEREAS, Declarant intends to provide for the development of such real property
in a manner which, to the extent possible, will increase the economic value, desirability and
attractiveness of said real property to its owners;
NOW, THEREFORE, Declarant hereby declares that all of the real property described
in Exhibit "A" attached hereto shall, at all times, be owned, held, used and occupied subject to the
provisions of this Declaration and to the covenants, conditions and restrictions herein contained, all
of which are established and declared for the purpose of increasing the usefulness, economic value,
desirability and attractiveness of said real property and for the mutual benefit of the owners of any
interest therein. The covenants, conditions and restrictions set forth in this Declaration shall run
with said real property and be binding upon the real property and all persons acquiring any right,
title or interest in and to said real property, and shall inure to the benefit of the Declarant and each
person who becomes an owner of any such interest, and each successor in interest of such owner.
ARTICLE I. DEFINITIONS
The following words when used in this Declaration, unless the context otherwise
specifies or requires, shall have the following meanings:
1.1 Amendina Declaration. "Amending Declaration" means any declaration of
protective covenants, conditions and restrictions recorded pursuant to Section 7.2 hereof whose
purpose is to amend the terms of this Declaration.
i
1.2 Association. "Association" means the ASSOCIATION OF OWNERS OF
VOLCANO GOLF AND COUNTRY CLUB, UNIT V, a non-profit corporation, described in
Article VI, and its successors and assigns.
1.3 Declarant. "Declarant" means VOLCANO FAIRWAYS DEVELOPMENT
CORPORATION, its successors and assigns, including such other person or persons whom said
VOLCANO FAIRWAYS DEVELOPMENT CORPORATION may, by a recorded document,
designate as having the powers and functions of Declarant, or some of such powers and functions.
1.4 Declaration. "Declaration" means this Declaration of Protective Covenants,
Conditions and Restrictions for VOLCANO GOLF AND COUNTRY CLUB, UNIT V, as the
same may from time to time be amended.
1.5 Design Requirements. "Design Requirements" means the design and
construction requirements referred to in Article III hereof, which establish certain restrictions and
standards for the construction of Improvements within VOLCANO GOLF AND COUNTRY
CLUB, UNIT V.
1.6 Design Review Agent. "Design Review Agent" means the person or entity
designated, pursuant to Article IV hereof, to review plans and specifications for the construction
of Improvements within VOLCANO GOLF AND COUNTRY CLUB, UNIT V.
1.7 Guest. "Guest" means any employee, tenant, guest or invitee of an Owner,
including transient guests; and any person who is not an Owner but who has acquired any title or
interest in a Lot which is less than that of an Owner by, through or under an Owner, including a
lessee, licensee or mortgagee, and any employee, tenant, guest or invitee of any such person.
1.8 Improvement. "Improvement" means any building, outbuilding, garage, shed,
landscaping, grading, road, driveway, parking area, fence, retaining wall or other wall, hedge, pole,
marker, sign, mailbox, newspaper box or other delivery receptacle, planting, planted tree or any
other structure or improvement of any type or kind.
1.9 LQI. Except for the Roadway Lots described in Article V, "Lot" means each
of the subdivided lots in VOLCANO GOLF AND COUNTRY CLUB, UNIT V, together with
all rights and Improvements appurtenant thereto and all Improvements located thereon. For
purposes of voting on all matters as herein provided, each Lot, regardless of size or the number of
Owners, shall have one (1) vote, to be cast as the Owner or Owners thereof determine.
1.10 Owner. "Owner" means the person or persons, including Declarant:
(a) who holds fee simple title to a Lot;
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(b) who has contracted to purchase the fee simple title to a Lot, or a lease of a
Lot for an original term of not less than thirty (30) years, under a recorded written agreement, in
which case the seller under any such purchase agreement shall cease to be the Owner while said
agreement is in effect; or
(c) a lessee of a Lot under a recorded lease from the owner of the fee simple title
to said Lot for a term of not less than thirty (30) years, in which case the lessor under any such lease
shall cease to be the Owner while said lease is in effect.
1.11 Person. "Person" means a natural individual, corporation, partnership or any
other legal entity.
1.12 Record. "Record", "recorded", or "recordation" means, with respect to any
document, the recordation or filing of such document in the Bureau of Conveyances and/or in the
Office of the Assistant Registrar of the Land Court of the State of Hawaii, as appropriate.
1.13 Roadway Lot. "Roadway Lot" means any non-public paved vehicular way
which has been or may be used by more than one Owner for access to a Lot, the use of which has
been reserved for such use in the documents of conveyance for Lots in VOLCANO GOLF AND
COUNTRY CLUB, UNIT V, and the Improvements (including dry wells and other drainage
facilities, passing lanes, sidewalks, utility boxes, equipment and facilities, and landscaping) located
thereon or therein, whether designated or described as a roadway, road, common driveways,
Roadway Lot or easement, except any apron or other paved area constructed solely for the purpose
of providing access from such Roadway Lot to any Lot, and including the portions of any common
driveway used by the Owners of more than one Lot; provided, however, that if any Roadway Lot,
or portion thereof, shall at any time be dedicated to the County of Hawaii, the State of Hawaii or
any other governmental entity, upon such dedication and the acceptance thereof, such Roadway
Lot, or any portion thereof, shall cease.to be a "Roadway Lot" for purposes of Article V hereof.
1.14 VOLCANO GOLF AND COUNTRY CLUB UNIT V. "VOLCANO
GOLF AND COUNTRY CLUB, UNIT V", also known as "Volcano Fairways Estates",
means all of the land described in Exhibit "A" attached hereto and made a part hereof, together with
all rights and interests appurtenant thereto and all Improvements located thereon.
ARTICLE IL USE RIGHTS AND RESTRICTIONS
2.1 Use Limitations. Every Lot (other than any Roadway Lot) within VOLCANO
GOLF AND COUNTRY CLUB, UNIT V shall be used only for single family residential purposes
and accessory uses, including access and utility purposes. No Lot (other than a Roadway Lot) shall
be improved except with one residence structure or complex designed to accommodate no more
than one single family and occasional guests, plus such guests' quarters or other Improvements as
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are necessary or customarily incidental to a single family residence. No Ghana dwelling or other
second dwelling unit shall be permitted on any Lot within VOLCANO GOLF AND
COUNTRY CLUB UNIT V.
2.2 Use Limitations as to Lot 33. The west corner of Lot 33, as shown on
Exhibit B attached hereto, is designated a "No Build" area, wherein no vegetation or
Improvements, including, but not limited to, any building, outbuilding, garage, shed,
landscaping, grading, road, driveway, parking area, fence, retaining wall or other wall,
hedge, pole, marker, sign, mailbox, newspaper box or other delivery receptacle, planting,
planted tree or any other structure or improvement of any type or kind, shall be constructed,
maintained or installed to a height in excess of 36 inches above the finished lot grade.
2.3 Subdivision of Lots. No Lot (other than a Roadway Lot) may be divided or
subdivided or a fractional portion thereof conveyed or otherwise transferred so as to be held in
divided ownership. Notwithstanding the foregoing, adjoining Owners may, in compliance with all
applicable laws or ordinances, consolidate and resubdivide adjoining property within VOLCANO
GOLF AND COUNTRY CLUB, UNIT V to accomplish relocation of the boundary lines between
such Lots only if such consolidation and resubdivision shall not result in any Lot of less than 15,000
square feet in size nor cause or result in any violation of any restriction contained herein or in any
such laws or ordinances. In cases of such consolidation and resubdivision, the new boundary lines
thus established shall be deemed the new boundary lines between the respective Lots, but no
restrictions or easements established for such Lots with respect to the former boundary lines or
otherwise shall be changed or shifted by reason of the change of boundary lines.
2.4 Flooding and Erosion. No Improvement which will create a problem of
flooding, erosion, interference with natural water flow or runoff damaging to any Lot or adjacent
properties shall be constructed on any Lot. Ali Owners shall act reasonably so as to minimize runoff
damage or interference with the natural flow of storm waters.
2.5 No Hazardous Activities. No activity shall be conducted on any Lot, and no
Improvement shall be constructed on any Lot, which is or might be unsafe or hazardous to any
person or property. Without limiting the generality of the foregoing, no firearms shall be discharged
and no hunting shall be allowed on any Lot, nor shall any toxic or hazardous materials or chemicals,
or explosives of any type, be stored or kept on any Lot.
2.6 No Unsiahtliness. No unsightliness shall be permitted on any Lot. Without
limiting the generality of the foregoing: (a) no Lot shall be used or maintained as a dumping ground
for discarded or old vehicles, rubbish or trash; (b) no metals, bulk materials, scrap, refuse or trash
shall be kept, stored or allowed to accumulate on any Lot; (c) all refuse, garbage and trash shall be
kept at all times in covered, sanitary containers out of sight, provided that garbage disposal cans
may be put out immediately prior to collection if removed and stored immediately after collection;
and (d) all yards and landscaping shall be maintained in a reasonably clean, attractive and trimmed
condition. If any Owner neglects to maintain a Lot as provided above, the Declarant or the
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Association may clean said premises and charge said Owner for all expenses incurred as a special
assessment fee, with any unpaid special assessment fees resulting in liens being placed against the
affected Lot, pursuant to Article VI hereof.
2.7 Wig. No trash, rubbish, plant material, vegetation or other materials may be
burned on any Lot, excepting that barbecues and residential fireplaces shall be allowed.
2.8 No Open Storage. Except when necessary in connection with any permitted
construction on any Lot, no storage of lumber, grass, plant waste, materials, tools or any other items
shall be permitted out of doors or in open garages or carports on any Lot, where such items may
be observed from any adjacent roadway or any neighboring Lot. No clothesline or fuel storage
tanks may be placed, constructed or permitted to remain on any Lot where such items may be
observed from any neighboring Lot, Roadway Lot, or adjacent street.
2.9 Garages and Camorts. All principal dwellings shall be constructed with attached
garages large enough to accommodate two (2) automobiles, and shall be either completely enclosed
or shall be constructed in such a way that all sides excepting the entrance are completely enclosed
and that portion which is not enclosed shall not face any adjacent street. Garage doors shall be
maintained in working condition, and shall be kept closed except during periods when the door is
being used for entry and exit to the garage. Carports (structure which have two (2) sides open or
primarily open) shall be permitted only where built in addition to garages, and provided that no
storage is allowed in said structures excepting vehicles, boats, or trailers in operating condition.
2.10 Parkins. No vehicle, boat or trailer shall be habitually or regularly parked on
any Lot except in (a) carports, (b) garages and (c) paved parking areas located not visible from the
adjacent street. No vehicle, boat or trailer shall be regularly kept or stored on any street, whether
public or private. No vehicle, boat or trailer shall be parked on any Roadway Lot or so situated so
as to block access to any Lot across any-common driveway or Roadway Lot. All vehicles, boats,
and trailers used less frequently than once monthly shall be fully screened from view from all
Roadway Lots and all neighboring Lots.
2.11 Lighting, No light which is unreasonably bright or which causes unreasonable
glare shall be emitted from any Lot, and all exterior house and yard lights shall be shrouded so as
not to illuminate skyward.
2.12 Accessory Buildings. The following accessory buildings shall be allowed:
garages, carports, kennels, greenhouses, swimming pools, bath houses and tennis courts, provided
that such structures comply with the covenants contained herein and with all applicable
governmental laws, ordinances, rules, regulations and codes for construction of the same. No
quonset hut, metal building, trailer or mobile home, shack, tent, outdoor privy or other outbuilding,
excepting approved structures, shall be erected or placed upon any Lot.
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( 2.13 No Tempos Structures. No temporary buildings, structures or tents of any
kind shall be erected, placed or permitted to remain on any Lot, except that temporary structures
necessary in connection with any permitted construction on any Lot, such as tool houses, shall be
permitted during the period of actual construction or three (3) months, whichever time is sooner.
No such permitted temporary structure shall at any time be used for residential purposes.
2.14 No Noxious or Offensive Activity. No noxious or offensive activity shall be
carried on upon any Lot nor shall anything be done or placed on any Lot which is or may become
a nuisance or cause embarrassment, disturbance or undue annoyance to other Owners. For
purposes of this Section, the trespass of household pets or other animals from one Lot onto other
Lots or the emission of noise or odors from any Lot that can be readily detectable from any other
Lot shall be deemed to be an unreasonable annoyance which is prohibited hereunder.
2.15 Hedges_ Fences and Walls. No hedge, fence or wall shall be situated within, or
within thirty (30) inches of, any public right of way or Roadway Lot. All fences and walls situated
within twenty (20) feet of any public right of way or Roadway Lot shall be fully or substantially
screened by well maintained hedges or other plantings. No metal fences shall be allowed, excepting
that metal fences may be allowed for animal enclosures provided that they are not visible from any
street within VOLCANO GOLF AND COUNTRY CLUB, UNIT V and provided that they are
at least 15 feet from any Lot boundary line. No chicken wire fences shall be permitted on any Lot.
2.16 Water System for Domestic Consumption. Pursuant to County of Hawaii
Ordinance No. 94-98, all Owners, in conjunction with a purchase of any Lot within VOLCANO
GOLF AND COUNTRY CLUB, UNIT V, shall waive any and all claims and causes of action
against the County of Hawaii relating to the lack of a private or municipal water system for
domestic consumption purposes meeting with the requirements of the Department of Water Supply,
and shall also agree that the County of Hawaii shall not be responsible to provide water for said
purposes at any time to any Lot. Furthermore, the Owner of any dwelling on any Lot not serviced
by a County of Hawaii water system shall install on said Lot a minimum 6,000-gallon water storage
and catchment system for domestic consumption purposes, which water system shall adhere to the
County of Hawaii Department of Public Works, Building Division's "Guidelines for Owners of Rain
Catchment Water Systems", as well as the State Department of Health requirements related to water
testing and water purifying devices.
2.17 Water System for Fire-Fighting Purposes. Pursuant to County of Hawaii
Ordinance No. 94-98, all Owners, in conjunction with a purchase of any Lot within VOLCANO
GOLF AND COUNTRY CLUB, UNIT V, shall waive any and all claims and causes of action
against the County of Hawaii relating to the lack of a private or municipal water system for fire-
fighting purposes meeting with the requirements of the Department of Water Supply, and shall also
agree that the County of Hawaii shall not be responsible to provide water for said purposes at any
time to any Lot. Furthermore, the Owner of any dwelling on any Lot not serviced by a County of
Hawaii water system shall install on said Lot a water supply system sufficient for fire-fighting
purposes, consisting of a minimum 3,000 gallons per existing and/or proposed future dwelling.
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r ( Should dwellings be spaced closer than 50 feet apart within any Lot or between any Lots, the
respective Owners of said dwellings shall be responsible for all costs to install water supply systems
sufficient for fire-fighting purposes, consisting of a minimum 4,000 gallons per existing and/or
proposed future dwelling on each affected Lot. All such water supply systems installed pursuant
to this Section shall meet with the approval of the County of Hawaii Fire Department, and shall be
installed in an accessible location for fire equipment, with easy fire department hose hook-up, for
unrestricted use of said water supply in the case of fire emergency.
2.18 Preservation of Tsugi Cedar Trees. To the extent possible, all Lots shall be
developed to preserve and maintain the Tsugi Cedar trees located within said Lots, pursuant to the
prior approval of the Design Review Agent as provided in Article IV below.
ARTICLE III. DESIGN REQUIREMENTS
The following restrictions and requirements shall apply to construction on or the
improvement of any Lot within VOLCANO GOLF AND COUNTRY CLUB, UNIT V:
3.1 Compliance with Regulations and Codes. No Improvement on any Lot or use
of any Lot shall be undertaken except in compliance with all federal, State of Hawaii, and County
of Hawaii governmental laws, ordinances, rules, regulations and codes applicable to such Lot.
3.2 Grading- Cleadng and Drainage. The clearing and grading of any Lot shall be
performed in strict accordance with plans and specifications therefor and such clearing and grading
shall not alter or impede existing drainage patterns.
3.3 Protection of View Corridors. Any design for improvements submitted may be
disapproved by the Design Review Agept, as provided in Article IV below, if its proposed location
and design would significantly or unnecessarily obstruct the view from any existing principal
residence on any other Lot or any principal residence for which a design has been previously
approved by the Design Review Agent, taking into consideration the size, shape and topography
of the subject Lot and the existence or nonexistence of alternative sites in reviewing the proposed
location of improvements. New landscaping shall be kept at a reasonable height and shall not
unreasonably obstruct views from existing principal residences on other Lots within VOLCANO
GOLF AND COUNTRY CLUB, UNIT V. The Declarant hereby specifically disclaims any and
all warranties, representations and promises regarding views available to any Owners of any Lot
within the VOLCANO GOLF AND COUNTRY CLUB, UNIT V.
3.4 SiM. No signs or advertising devices of any nature, including, without
limitation, commercial and political signs and messages, shall be erected or maintained on any Lot
except signs identifying VOLCANO GOLF AND COUNTRY CLUB, UNIT V; signs necessary
to identify the ownership of the Lot and its address (which may be internally illuminated); signs not
more than one and one-half (1 '/2) feet by two (2) feet in size necessary to show that the Lot is for
7
( sale; signs necessary or desirable to caution or warn of danger; one job identification sign,
identifying the contractor and architect, having a maximum surface of six (6) square feet during the
period of actual construction on a Lot; and such other signs as may otherwise be required by law.
All signs shall be maintained in a clean and well finished condition. No reflective, florescent or
externally or internally illuminated sign or marker of any kind, other than as provided above, shall
be permitted.
3.5 Setback. All construction and Improvements on any Lot shall comply with
applicable County setback requirements. With the exception of the specific use restrictions on a
portion of Lot 33, no hedge, building or other structure except a mailbox, newspaper box or other
delivery receptacle, or a boundary hedge, fence or wall not more than six (6) feet in height, shall be
grown, erected, placed or permitted to remain within any such setback area on any Lot. Such
Improvements shall be maintained and kept in a neat, clean and well maintained condition at all
times.
3.6 Mnimum Size. Each dwelling constructed on a Lot shall have a fully enclosed
floor area (exclusive of roofed or unroofed porches, lanais, verandas, patios, terraces, garages,
hobby shops, exterior storage space, servants' quarters, or accessory structures) of not less than
1,200 square feet.
3.7 Structures Above Ground Level. All structures, other than attached decks and
lanais, elevated above ground level shall be designed such that the elevated portion shall be
completely enclosed and no sub-floor framing shall be exposed to view from any side of such
structure. The materials used to conceal such sub-floor framing shall be similar to the materials used
for the exterior walls of the structure itself, or such other materials and design equally effective in
concealing such framing. Underpinnings such as exposed two-by-four braces and exposed plumbing
or other equipment will not be permitted.
3.8 Height Limitations. No building or other Improvement in excess of two (2)
stories in height shall be permitted on any Lot. No principal residential building, including its
chimneys, solar panels and other external devices, on any Lot shall exceed a height of twenty-eight
(28) feet from ground level. "Ground level" as used herein, with respect to a residential building,
shall mean the highest elevation of the slope at the building foundation existing at the time of the
purchase of the Lot from the Declarant, and shall not be measured from the ground level of a garage
or other attached accessory building. Garages and other accessory structures on any Lot shall not
exceed a height of twenty (20) feet from ground level. "Ground level" as used herein, with respect
to garages and other accessory structures shall mean the highest elevation of the natural slope of
the building foundation of such garage or other accessory structure.
3.9 Fuel Storage and Trash Receptacles. Every fuel storage tank shall be so placed
and kept so as not to be visible from any Roadway Lot or from any Lot. All receptacles for rubbish
shall be placed and kept so as not to be visible from any Roadway Lot or from any Lot.
8
~ I
( 3.10 Satellite Dishes. Antennae. Utility Connections. and Laundry Facilities. No
satellite towers, or television or radio antennae shall be erected or used outdoors on any Lot,
whether attached to a building or structure or otherwise. No satellite dishes greater than one (1)
meter in diameter shall be erected or used outdoors on any Lot, whether attached to a building or
otherwise, unless said satellite dish is placed or screened so as not to be visible from any Roadway
Lot or from any Lot and unless said satellite dish is first approved of in writing by the Design
Review Agent. No satellite dishes, towers or antennae shall interfere with the television and radio
reception of surrounding Lots. All utilities within VOLCANO GOLF AND COUNTRY CLUB,
UNIT V, shall be installed underground, and all utility connections to future Improvements on any
Lot shall comply with said underground installation: No laundry drying equipment shall be placed
on any Lot so as to be visible from any Roadway Lot or any Lot.
3.11 Construction Material. No used or second-hand lumber or other material shall
be incorporated into the construction of any Improvement erected upon any Lot, unless used for
aesthetic accent purposes and unless said use is first approved of in writing by the Design Review
Agent. No building which has been previously erected in another location shall be placed, erected
or permitted to remain upon any Lot.
3.12 Roofing Materials. Design specifications for all roofing materials shall call for
a glare-free, non-reflective finished surface, and, in the case of non-copper sheet metal roofing, the
finish shall be applied professionally. Design specifications for all roofs shall provide that all of the
edges of any metal roofing sheets are met or joined by a gutter or other external facia.
i 3.13 Solar Heating/Power Systems. The entire frame of any solar energy collector
panels, and storage devices whether designed for heating or electrical power generation, when
mounted on roof surfaces, shall be fastened directly to the roof surface without any portion of the
system being elevated and supported above and away from the roof surfaces by legs, brackets,
skirting, or other similar supported, devices; provided, however, that elevated, fully skirted,
concealed supports of twelve inches or less shall be allowable. Any roof mounted water storage
tanks and supports shall be painted and maintained in a color matching the overall roof surface. Any
solar energy collector panels or water storage tanks mounted on roof surfaces must be within the
permissible height limitations as provided in this Section.
3.14 Exterior Colors of Improvements. The principal color of all Improvements shall
be generally earth tone colors, which blend with the colors of the natural surroundings of the
Improvements. Colors shall be chosen so as to avoid the glare of reflecting sunlight on the
surrounding areas. Contrasting colors which complement the principal color of the Improvements
shall be permitted for doors and trim. As with all other design requirements contained in this
Section, all exterior colors schemes shall be approved by the Design Review Agent, except for
repainting of improvements so long as the original color scheme remains unchanged.
3.15 Completion of Construction. The exterior of a principal dwelling shall be
substantially completed and painted within six (6) months after commencement of construction and
9
the interior within one (1) year from commencement of construction. Accessory structures shall
be completed with three (3) months after commencement of construction. No building shall be
occupied prior to final inspection and issuance of a certificate of occupancy or similar governmental
consent from the County and State of Hawaii. Driveways shall be installed prior to occupancy of
any dwelling. The term "commencement of construction" shall include preliminary building site
work.
ARTICLE IV. DESIGN APPROVAL
4.1 Purpose. The purposes of the design requirements set forth set forth in Article
in above are to insure the best and most appropriate use and development of each Lot; to protect
Owners against improper use and development of any other Lot which might depreciate the value
of VOLCANO GOLF AND COUNTRY CLUB, UNIT V, as a whole; to preserve as far as
practicable the natural beauty of each Lot and VOLCANO GOLF AND COUNTRY CLUB,
UNIT V, as a whole; to guard against the erection of Improvements which are poorly designed or
proportioned or Improvements built of improper or unsuitable materials; and to obtain harmonious
color schemes.
4.2 Restriction and Scope. No Improvement which is or will be visible from a road
or from any other Lot may be constructed without the prior written approval of the Design Review
Agent (defined below); and no such Improvement, once built, may be remodeled, changed in color
or otherwise visually altered to any material extent without the prior written approval of the Design
Review Agent. The Owners of each Lot shall comply with and abide by all proposals, plans and
specifications submitted to and approved by the Design Review Agent with respect to said Lot.
Notwithstanding the foregoing, the construction, remodeling or change of any
Improvement by the Declarant for sale to a purchaser as part of the original sale of the Lot on which
it is located shall not be subject to the prior written approval of the Design Review Agent under this
Section.
4.3 Design Approval. Before obtaining a building permit for any dwelling or
structure on any Lot within VOLCANO GOLF AND COUNTRY CLUB, UNIT V, each Owner
shall submit to the Declarant or Design Review Agent, one complete copy of construction plans
and specifications, including color scheme for any proposed structure or improvement for approval
as to appearance, location of the structure on the subject Lot, quality of construction and other
features of the proposed design. Said constructions plans and specifications will be reviewed by the
Design Review Agent, and approved or disapproved by the Design Review Agent based on the
standards and requirements contained in these covenants. Such approval shall not be unreasonably
withheld and shall not be considered a warranty or other representation by the Declarant or Design
Review Agent of the soundness or feasibility of the proposed design. All Owners covenant not to
build any structure until the same is approved by the Design Review Agent and unless the
construction follows approved plans. Copies of the construction plans submitted shall be held by
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the Declarant or Design Review Agent until the improvement is completed, and shall be open, upon
request, to inspection by any Owner within VOLCANO GOLF AND COUNTRY CLUB, UNIT
V. Each Owner submitting plans for approval shall pay $300.00 as the design review fee for each
set of plans submitted to the Design Review Agent. In the event that any Owner commences
construction of any improvements in violation of this Section, said Owner shall pay to the
Association, liquidated damages in the amount of $50.00 for each day that the improvements is
allowed to remain on the subject Lot in violation of this Section, which amount shall not exceed a
maximum of $5,000.00. The liquidated damages shall be waived, if the Owner, upon discovery of
the violation or upon notification by the Association or Design Review Agent of the violation,
immediately ceases work on the improvement and cures the violation. It shall be the duty of the
Design Review Agent to review all plans submitted to it within 30 days after complete plans,
including the design review fee, are submitted. Complete plans submitted will be deemed approved
unless objected to by the Design Review Agent within the aforementioned 30-day period.
4.4 Design Review Agent. The Design Review Agent shall serve at the pleasure of
the Declarant during the first twelve (12) months after the first Lot is sold, or until the Declarant
conveys all of its interests in 21 or more Lots in VOLCANO GOLF AND COUNTRY CLUB,
UNIT V, whichever occurs first, and thereafter, at the pleasure of the Association, which shall
exclusively exercise this power to appoint or replace the Design Review Agent.
ARTICLE V. ROADWAY MAINTENANCE
5.1 Dedication/Maintenance of Roadway Lots. It is intended that the Roadway Lots
within VOLCANO GOLF AND COUNTRY CLUB, UNIT V will be dedicated to and accepted
by the County of Hawaii as public roadways and, as such, shall be owned and maintained by the
County of Hawaii. In the event that the County of Hawaii does not accept the Roadway Lots as
public roadways, this Declaration shall be amended by the Owners as stated herein to provide for
the use and maintenance of said Roadway Lots by the Association, which shall include, without
limitation, a good faith written estimate of the cost of carrying out the roadway maintenance
responsibility over the first ten (10) years of ownership.
ARTICLE VI. ASSOCIATION OF OWNERS OF
VOLCANO GOLF AND COUNTRY CLUB, UNIT V
6.1 Membership. The Association has been or will be created as a non-profit
corporation formed pursuant to the laws of the State of Hawaii. Every owner of a Lot in
VOLCANO GOLF AND COUNTRY CLUB, UNIT V, shall become a member of the
Association at such time as the Owner obtains legal or equitable interest in the Lot.
6.2 Enforcement of Protective Covenants. Conditions and Restrictions The
Association shall have the power and standing to enforce the protective covenants, conditions and
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• restrictions herein by action brought in the name of the Association. This right to enforce said
covenants, conditions and restrictions, however, is not an exclusive right of the Association, as each
Owner shall retain the right to enforce the covenants, conditions and restrictions by action brought
in the name of the Owner. The Declarant is not responsible for enforcement of these covenants,
conditions and restrictions, but, like the Association or any Owner, may seek enforcement of the
same.
6.3 Association Fees. In addition to all its other powers, the Association may levy
a uniform annual fee against each residential Lot which fee will be used exclusively for the
authorized purposes of the Association, including the care, maintenance, repair and improvement
of the property owned or maintained by the Association, and for carrying out the functions and
duties of the Association. The annual fee will be assessed against the Owner of each residential Lot
at the time when the annual fee, or any installment of the annual fee, falls due. The Association shall
keep its books of account on a calendar year basis, and the annual fee, unless otherwise specified
by its board of directors, will be due in advance of the first day of each calendar year. The
responsibility for payment will be the responsibility of the person owning the Lot at the time the
installment falls due. The board of directors of the Association, pursuant to the bylaws of the
Association, shall have the power to increase or decrease the fee from time to time to carry out the
purposes of the Association. The Owners Association may assess a special assessment against any
Lot or Owner where the Associations expends money to make any particular Lot conform to these
covenants; provided that the Owner is given notice and a reasonable opportunity to remedy the
deficiency prior to corrective action by the Association. This special assessment shall be enforced
in the same manner as the regular Association fee. All unpaid Association fees and special
assessments shall bear interest at the rate of 12 per cent (12%) annum commencing 30 days after
the date payment is due.
6.4 Notices. All notices of the Association shall be given in writing to each member
of the Association at either the last address given the Owner to the Association or at the address
used by the State of Hawaii as the address of the Owner for purposes of assessing real property
taxes.
6.5 Association Fee and Special Assessment to be a Lien. Any Association fee and
special assessments levied against any Lot or Owner, or any installment thereof, if not paid when
due, shall become alien upon said Lot, and shall remain a lien until paid in full. The lien may be
enforced by action brought in the Third Circuit Court of the State of Hawaii for foreclosure of the
lien in the manner of foreclosure of mortgages on real property. In the event of such a foreclosure,
the Association will be entitled to recover all costs of the action, the interest on the amount owing
at the rate of 12 per cent (12%) per annum and reasonable attorney's fees. All unpaid charges
which become a lien and bind the Owner, its successors and assigns.
6.6 Paramount Lien. The lien for fees assessed by the Association shall be a
paramount lien superior to any other liens on the Lot regardless of the date that the payment
accrued.
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6.7 Estoppel Certificate. Provided that a written request is made to the Association
describing a Lot, the Association will provide any Owner or lien holder with a statement as to
whether or not there are any unpaid fees of the Association.
6.8 Suspension of Privilege of Membership. The board of directors of the
Association may suspend the voting privileges of any member, and the member's right to use the
common areas, for any period during which any Association fee and/or special assessment remains
unpaid, and during any period of continuing violation of provisions of the covenants, conditions and
restrictions herein as determined by the board of directors.
ARTICLE VII. MISCELLANEOUS
7.1 Duration of Declaration. Each of the provisions contained in this Declaration
shall run with the land and continue and remain in full force and effect for a term beginning as of
the date of recordation of this Declaration, and continuing until June 30, 2010, after which time the
provisions of the Declaration shall be automatically extended for successive periods of ten (10)
years, unless an instrument terminating the provisions of this Declaration, signed by Owners of two-
thirds (2/3rds) of the Lots within VOLCANO GOLF AND COUNTRY CLUB, UNIT V, has
been recorded at least ninety (90) days prior to the end of such period.
7.2 Amendment. Any provision contained in this Declaration may be amended or
changed, and additional provisions may be added hereto (i) by the recording of a written instrument
or instruments specifying the amendment or change, executed by two-thirds (2/3 rds) of all Owners
of Lots within VOLCANO GOLF AND COUNTRY CLUB, UNIT V; or (ii) by the Declarant
at any time prior to the conveyance by the Declarant of an interest in 21 Lots in VOLCANO
GOLF AND COUNTRY CLUB, UNIT V to an Owner other than the Declarant; provided,
however, that the Declarant may at agy.time within five (5) years after the date of recordation of
this Declaration, amend the Declaration by substituting the legal description of VOLCANO GOLF
AND COUNTRY CLUB, UNIT V contained in Exhibit "A" attached hereto, with a description
of said property based upon a subdivision map filed with the County of Hawaii or a File Plan Map
filed in the Bureau of Conveyances of the State of Hawaii; and provided further, however, that
neither Section 2. 1, this Section 7.2 nor Article V hereof shall be amended or changed, without the
prior written consent of the Declarant or the County of Hawaii. Any amendment by the Declarant
pursuant to (ii) above shall become effective upon recordation of a written instrument specifying
the amendment signed by the Declarant, and thereupon such amendment shall be incorporated
herein and made a part hereof for all purposes.
7.3 Voting. Where Lots are owned by more than one (1) person, a vote may be
made by any one of the Owners. If there is a dispute among the several owners of any one (1) Lot,
each Owner shall be entitled to a vote equal to the percentage interest owned.
I
13
I' f
7.4 Effect of Provisions of Declaration. Each provision of this Declaration, and any
agreement, promise, covenant and undertaking to comply with each provision of this Declaration,
and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any
provision of this Declaration: (i) shall be deemed incorporated in each deed or other instrument by
which any right, title or interest in VOLCANO GOLF AND COUNTRY CLUB, UNIT V or in
any Lot is granted, devised or conveyed, whether or not set forth or referred to in such deed or
other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in VOLCANO
GOLF AND COUNTRY CLUB, UNIT V or in any Lot by an Owner, be deemed accepted,
ratified, adopted and declared as a personal covenant of such Owner, and, as a personal covenant,
shall be binding on such Owner and such Owner's heirs, personal representatives, successors and
assigns and, as a personal covenant of an Owner, shall be deemed a personal covenant to, with and
for the benefit of all other Owners, and (iii) shall be deemed a real covenant by the Declarant for
itself, its and its successors and assigns, and also an equitable servitude, running, in each case, as
a burden with and upon the title to VOLCANO GOLF AND COUNTRY CLUB, UNIT V and
each Lot and, as a real covenant and also as an equitable servitude, shall be deemed a covenant and
servitude for the benefit of VOLCANO GOLF AND COUNTRY CLUB, UNIT V and each Lot.
If at any time during the tern of this Declaration, any Owner purchases or otherwise acquires any
interest in his Lot which has not been submitted to the provisions of this Declaration, said interest
so purchased or otherwise acquired shall thereafter be owned, held, used and occupied subject to
the provisions of this Declaration and to the covenants, conditions and restrictions herein contained,
and said Owner will continue to have the rights and to be subject to the obligations of an Owner as
set forth herein.
7.5 Enforcement and Remedies. In addition to any other remedies herein provided,
each provision of this Declaration with respect to an Owner or the Lot of an Owner shall be
enforceable by the Declarant, the Association, or by any Owner by a proceeding for a prohibitive
or mandatory injunction or by a suit or action to recover damages. If any court proceedings are
instituted in connection with the right of enforcement and remedies provided in this Declaration, the
prevailing party shall be entitled to recover from the losing party its costs and expenses in .
connection therewith, including attorneys' fees. The Declarant shall retain its rights to enforce the
covenants contained herein for so long as the Declarant retains any ownership interest or any
security interest in any Lot. Notwithstanding anything in this Declaration to the contrary, the
Declarant shall not be required or obligated in any manner to enforce the provisions of this
Declaration nor, in any case, be subject to any demand, claim or cause of action by reason of the
Declarant's failure to enforce any provision of this Declaration.
7.6 Protection of Encumbrancer, No violation or breach of, or failure to comply
with, any provision of this Declaration, and no action to enforce any such provision, shall affect,
defeat, render invalid or impair the lien of any mortgage or other lien on any Lot taken in good faith
and for value and recorded prior to the time of recording of an instrument describing the Lot and
listing the name or names of the Owner or Owners of the Lot and giving notice of such violation,
breach or failure to comply; nor shall such violation, breach, failure to comply or action to enforce,
affect, defeat, render invalid or impair the title or interest of the holder of any such mortgage or
14
' I
other lien or title or interest acquired by any purchaser upon foreclosure of any such mortgage or
other lien, or result in any liability, personal or otherwise, of any such holder or purchaser. Upon
foreclosure of any such mortgage or other lien, no such holder who thereby assumes title to a Lot
shall be required to correct past violations hereof with respect to said Lot so long as said Lot is
neither occupied nor used for any purpose by such. holder but is merely held for prompt resale, and
provided that all money obligations accruing pursuant to this Declaration subsequent to such
foreclosure shall be paid by such holder. Any such purchaser on foreclosure shall, however, take
subject to all of the provisions of this Declaration.
7.7 Constru ion. The provisions of this Declaration shall be liberally construed to
promote and effectuate the fundamental concepts of the development of VOLCANO GOLF AND
COUNTRY CLUB, UNIT V as expressed and set forth in this Declaration, and no provision
hereof shall be construed to excuse any person from observing any law or regulation of any
governmental body having jurisdiction over VOLCANO GOLF AND COUNTRY CLUB, UNIT
V.
7.9 Assignment of powers. Any and all of the rights and powers vested in the
Declarant pursuant to this Declaration may be delegated, transferred, assigned, conveyed or released
by the Declarant to the Owners, and the Owners shall accept the same effective upon the recording
by the Declarant of a notice of such delegation, transfer, assignment, conveyance or release.
7.9 Non-Avoidance. No Owner through abandonment of his Lot may avoid the
burdens or obligations imposed on him by this Declaration.
7.10 Limited Liability. Neither the Declarant, nor any agent, officer, director,
shareholder or employee of the Declarant, shall be liable to any party for any action or for any
failure to act with respect to any mattpr, if the action taken or failure to act was in good faith and
without malice.
7.11 Successors and Assigns. This Declaration shall be binding upon and shall inure
to the benefit of the Declarant, each Owner and the heirs, personal representatives, successors and
assigns of each.
7.12 Severabilitv. Invalidity or unenforceability of any provision of this Declaration
in whole or in part shall not affect the validity or enforceability of any other provision or any valid
and enforceable part of a provision of this Declaration.
7.13 Captions. The captions and headings in this instrument are for convenience only
and shall not be considered in construing any provisions of this Declaration.
7.14 No Waiver. Failure to enforce any provisions of this Declaration shall not
operate as a waiver of any such provision or of any other provision of this Declaration.
15
7.15 Further Assurances. Each Owner hereby agrees to do such further acts and
execute and deliver such further instruments as may reasonably be required to effectuate the intent
of this Declaration.
7.16 Notices. Any notice, information or material required to be given hereunder
shall be deemed furnished or delivered to a party at the time a copy thereof is deposited in the mail
or at a telegraph office, postage or charges prepaid, addressed to the party, and in any event, when
such party actually receives such notice, information or material.
Notices, information and material required to be given hereunder to the Declarant shall
be addressed to the Declarant at 345 Kekuanaoa Street, Hilo, Hawaii 96720.
Where there is more than one Owner of a Lot, delivery either personally or by mail to
any one Owner shall be effective delivery to all Owners of such Lot.
7.17 Presumption of Compliance. All of the following Improvements and other work
shall be conclusively presumed to be in compliance with this Declaration:
(a) Those existing or maintained within or upon any Lot within VOLCANO
GOLF AND COUNTRY CLUB, UNIT V at the time such Lot is conveyed by the Declarant to
a third person;
(b) Those, from time to time constructed, reconstructed, refinished, altered,
installed or maintained upon any property within VOLCANO GOLF AND COUNTRY CLUB,
UNIT V by the Declarant; or
(c) those not in conflict with any specific restriction in this Declaration.
7.18 Word Usage. Whenever the context so requires, the use of the masculine
gender herein shall be deemed to include the feminine and neuter genders and the use of the singular
shall be deemed to include the plural.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date and
year first above written.
VOLCANO FAIRWAYS
DEVELOPMENT CORPORATION,
a Hawaii corporation
By `A .6ML Uur.aw~,
MICHAEL S. CHAAMI
Its Treasurer
i
16
I
STATE OF HAWAII )
I ) SS.
COUNTY OF HAWAII )
On this 24th day of October, 1996, before me appeared MICHAEL S. CHAGANH, to me
personally known, who, being by me duly sworn, did say that he is the Treasurer of VOLCANO
FAIRWAYS DEVELOPMENT CORPORATION, a Hawaii corporation, that said instrument
was signed and sealed in behalf of said corporation by authority of its Board of Directors, and that
said officer acknowledged said instrument to be the free act and deed of said corporation.
J-oA II•ISIII!!C
~J
~NotjV ublic=State~of awaii
~,T. i p~C~Dmtn 'on expires: September 5, 1999
ql P 0NN•
o OF I
l
All of that certain parcel of land (being portion
of the land(s) described in and covered by Royal Patent Number
4475, Land Commission Award Number 7713, Apana 11 to V. Kamamalu)
situate, lying and being at Keauhou, Ka'u, Island and County of
Hawaii, State of Hawaii, and thus bounded and described:
Beginning at a point at the northeast corner of
this parcel of land and on the westerly side of Piimauna Drive,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "UWE'KAHUNA", being
7,109.82 feet north and 2,665.53 feet east and running by
azimuths measured clockwise from true South:
1. 3500 04' 99.46 feet along the westerly
side of Piimauna Drive;
Thence along the westerly side of Piimauna Drive along a
curve to the left having
a radius of 530.00 feet,
the chord azimuth and
distance being:
2. 3450 17' 15" 88.31, feet;
3. 3400 30' 30" 315.37 feet along the westerly
side of Piimauna Drive;
Thence along the westerly side of Piimauna Drive along a
curve to the right
having a radius of
470.00 feet, the chord
azimuth an distance
being:
4. 3450 24' 15" 80.22 feet;
5. 3500 18' 126.01 feet along the westerly
side of Piimauna Drive;
Thence along the westerly side of Piimauna Drive along a
curve to the left having
a radius of 300.00 feet,
the chord azimuth and
distance being:
6. 3420 50' 30" 77.88 feet;
EXHIBIT A
r
7. 3350 23 244.09 feet along the westerly
side of Piimauna Drive;
Thence along the westerly side of Piimauna Drive along a
curve to the right having
a radius of 370.00 feet,
the chord azimuth and
distance being:
8. 340' 41' 07.5" 68.38 feet along the westerly
side of Piimauna Drive;
9. 3450 59` i5" 6.58 feet along the westerly
side of Piimauna Drive;
Thence along the remainder of R. P. 4475, L. C. Aw. 7713
Apana 11 to V. Kamamalu
for the next six (6)
courses, the direct
azimuths and distances
being:
10. 650 24' 420.89 feet;
11. 118° 46' 280.25 feet;
12. 1690 00' 355.00 feet;
13. 117° 50' 335.00 feet;
14. 169° 00' 65.00 feet;
15. 117° 34' 22" 582.69 feet;
16. 2820 20' 450.44 feet along Volcano Golf
and Country Club
Subdivision Unit 111 (F.
P. 1748) Park G;
17. 245° 00' 832.20 feet along Volcano Golf
and Country Club
Subdivision Unit 111 (F.
P. 1748) Park G, Lots 137,
136, 135, 134 and Park F
to the point of beginning
and containing an area of
16.7813 acres, more or
less..
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` ryl j „~~~t ,~r. • yyy" x IE irelr~ j'•r£ !.•/~1~1E a # jr x • ~ ` p x
EXHIBIT B
EXHIBIT J
November 14, 2005
Construction Plan Tracing Approval
• O,atV a/ N,
Harry Kim Christopher J. Yuen
Mayor
Dbecfur
~rf cr N~~
Roy R. Takemoto
Deputy Dfncfor
Gautffij of'afunii
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808) 961-8288 • Fax(808)961-8742
G c V
NC`! 1 ~ `ri'05
November 14, 2005 INABA ENGINEERING, INC
Gordon Inaba
Inaba Engineering, Inc.
273 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Inaba:
CONSTRUCTION PLAN TRACING APPROVAL
SUBDIVIDER: HSC, INC.
`Volcano Golf $ Country Club, Unit V"
Proposed Subdivision of a portion of
R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive and Road Lots A & B
Keauhou, Ka'u, Hawaii
TMK: 9-9-006:008 (SUB-94-000142)
We have reviewed the subject tracing of the construction plan and found that it has met with our approval.
Accordingly, we have certified the tracing and have enclosed it with this letter.
Please submit appropriate sets of prints of the aforesaid tracing together with specifications to the listed
officers for reference and files.
Further action on the subject subdivision request shall be taken when the subdivider meets with the
remaining conditions of tentative approval and completes all improvements in accordance with the
approved construction plans. In lieu of actually completing the improvements to secure final subdivision
approval, the subdivider may file with our department a 100% surety bond and agreement to ensure
completion of all subdivision improvements.
Hawai `i County is an Equal Opportunity Provider and Employer
Gordon Inaba
Inaba Engineering, Inc.
Page 2
November 14, 2005
If you have any questions, please feel free to contact Ed Cheplic of this department.
Sincerely,
CJ~
CH OPHER J. YUEN
Pla Ing Director
ETC:Inm
P;1WP6QSUBDIWoai MtASubc200S41SUG"0142HSCVakanuGB000nVSCP.dm
Enc. - Tracing
xc: Manager, DWS
Director, DPW
District Environmental Health Program Chief, DOH
District Engineer, DOT
HSC, Inc.
EXHIBIT K
February 9, 2006
Planning Department Acknowledges receipt of
10 copies of Revised Final Plat Map
M+V Y~ M1
-ry Kim Christopher J. Yuen
10yor Director
+r+'~'o 'Op Brad Kurokawa, ASLA
LEEDTm AP
(IT
V-1,0 lxttg of Mf1I2IIT Deputy Director
PLANNING DEPARTMENT
101 Aupuni Street, Suite 3 • Hilo, Hawaii 96720.3043
(808) 961-8288 • FAX (808) 961-8742
February 9, 2006
Alan Z. Inaba, LPLS
Inaba Engineering, Inc.
273 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Inaba:
REVISED FINAL PLAT MAP
SUBDIVIDER: HSC, INC.
"Volcano Golf & Country Club, Unit V"
Proposed Subdivision of a portion of R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive & Road Lots A, B and C
Keauhou, Ka'u, Island of Hawaii, Hawaii
TMK: 9-9-006:008 (SUB-94-000142)
This is to acknowledge receipt of ten (10) copies of the revised final plat map dated February 1, 2006, for
the referenced subdivision application.
By a copy of this letter, we, are forwarding a copy of the revised final plat map to the listed officers for their
review: We shall contact you upon receipt.of their response on this matter.
Should you have any questions, please feel free to contact Ed Cheplic of this department.
sPlanning Director
ETC:Inm
P1WP60SUSDIVOmumentASubc2DOr>MUa-94.000142HSCVokanoGCCU5REVFPM.doc
Hawaii County is an Equal opportunity Provider and Employer.
Alan Z. Inaba, LPLS
Inaba Engineering, Inc.
Page 2
February 9, 2006
xc: Manager, DWS w/Rev. FPM
Director, DPW w/Rev. FPM
District Environmental Health Program Chief, DOH w/Rev. FPM
District Engineer, DOT w/Rev. FPM
'HSC, Inc.
EXHIBIT L
September 13, 2006
Submittal of 10 copies of Revised Final Plat Map
TELEPHONE: FACSIMILE:
(808)961.3727 (808)935.8033
YIN
INABA ENGINEERING, CIVIL ENGINEERING ¦ LAND SURVEINC.
EYING
273 WAIANUENUE AVENUE
COPY HILO, HAWAII 96720
September 13, 2006 IEI #91075
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
101 Pauahi St.,Suite 3
Hilo, Hawaii 96720
Subdivider: Volcano Fairways Development Corporation
"VOLCANO GOLF & COUNTRY CLUB SUBDIVISION, UNIT V"
Proposed subdivision of a portion of R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive & Road Lots A, B and C
Keauhou, Ka'u, Hawaii
TMK: 9-9-06:08 (SUB 94-142)
We are re-submitting ten (10) copies of the revised final plat map for your files. The
revision reflects the ownership change from HSC, Inc. to Volcano Fairways
Development Corporation. The mailing address remains the same.
Should there be any questions, please feel free to contact this office.
Very truly yours,
INABA ENGINEERING, INC.
Alan Z. lr(ab, LPLS
Certificate No. 5626
GYI
Attach.
xc: HSC, Inc. w/map
v Steven S.C. Lim - w/map
i F1WP\HSOV000LH-PO
EXHIBIT M
December 22, 2006
Affordable Housing Agreement
I
e^Rw~ R-509 STATE OF HAWAII
e % BUREAU OF CONVEYANCES
RECORDED
JAN 02, 2007 02:00 PM
Doe NO(s) 2007-000505
Is/ CARL T. WATANABE
TRAR OF CONVEYANCES
NII~IIIIIIIIIII~~IIII~IIIIIIIIII~IIII REGIS
20 1/1 29
LAND COURT REGULAR SYSTEM
Return By Mail X Pick-Up To:
CARLSMITH BALL LLP
121 Waianuenue Avenue
Hilo, Hawaii 96720
Attention: Steven S.C. Lim
Telephone: (808) 935-6644
TITLE OF DOCUMENT:
AGREEMENT
DEVELOPER: VOLCANO FAIRWAYS DEVELOPMENT CORPORATION, a Hawaii
Corporation, whose principal place of business and mailing address is 66
Kekuanaoa Street, Hilo, Hawaii 96720
COUNTY: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose principal place of business and mailing address is 25 Aupuni Street,
Hilo, Hawaii 96720
TAX MAP KEY(S): (3) 1-1-16:30 (collectively the "Affordable Housing Site")
(3) 1-1-18:87
(3) 1-1-16:84
(3) 1-1-16:83
(This document consists of Z pages.)
4837.2562-6113.2
11/8/06 1
AGREEMENT
This Agreement is made and effective this _9 day of n>: rt 1;F.R 2006, by
and between VOLCANO FAIRWAYS DEVELOPMENT CORPORATION, a Hawaii
Corporation, hereinafter referred to as "Developer", whose principal place of business and
mailing address is 66 Kekuanaoa Street, Hilo, Hawaii 96720, and the COUNTY OF HAWAII,
a municipal corporation of the State of Hawaii, hereinafter referred to as "County", whose
principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720.
WHEREAS, VOLCANO FAIRWAYS DEVELOPMENT CORPORATION is the
Developer of approximately 16 acres of real property located at TMK (3) 9-9-06:08 (the
"Volcano Golf & Country Club, Unit V"); and
WHEREAS, VOLCANO FAIRWAYS DEVELOPMENT CORPORATION is the
Owner of real property located at TMK (3) 1-1-16:30, 84, 83 and TMK (3) 1-1-18:87
(collectively referred to herein as the "Affordable Housing Site"); and
WHEREAS, Chapter 11, Article 1 of the Hawaii County Code, relating to Affordable
Housing Policy, authorizes the Mayor, the Office of Housing and Community Development (the
"OHCD") or their duly authorized representative to enter into this Agreement with the Developer
to perform one or any combination of the options for satisfaction of the affordable housing
requirements contained in Hawaii County Code Section 11-5; and
WHEREAS, on September 13, 1994, County of Hawai'i Change of Zone Ordinance No.
94-98 became effective, amending the zoning of the Volcano Golf & Country Club, Unit V from
Agricultural 1 acre (A-Ia) to Single Family Residential (RS-15), subject to Condition "F", which
provides for the development of affordable housing units as follows:
F. to ensure that the Goals and Policies of the Housing Element of
the General Plan are implemented, the applicant shall work with
the Office of Housing and Community Development and the
Planning Department to formulate a housing plan for the
development, which shall be consistent with the interim affordable
housing policy of the County as contained in the Hawaii County
Housing Agency Resolution No. 65. This housing plan shall be
approved by the County Housing Agency prior to final subdivision
approval of the development provided that the applicant shall
notify the County Housing Agency of any intent to sell, lease,
assign, place in trust, or otherwise voluntarily alter the ownership
interest in the property prior to visible commencement of
construction on the property; provided, however, that the applicant
may transfer ownership in the property to an affiliate or in a
manner consistent with prior representations to the County
Housing Agency.
4837.2562-61112
U/8/06 2
i
WHEREAS, the parties hereto have evaluated the various options available for
development of the Affordable Housing Site to satisfy the affordable housing goals and policies
of the State of Hawaii and County of Hawaii.
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, and
pursuant to Chapter 11, Article 1 (Affordable Housing) of the Hawai'i County Code, the parties
hereby agree as follows:
I. In consideration of the mutual covenants in this Agreement, and pursuant to
Chapter 11, Article 1 (Affordable Housing) of the Hawaii County Code, the
parties hereby agree that upon compliance with the terms of this Agreement, the
Developer shall have satisfied the requirements of Condition "F" of Ordinance
No. 94-98.
2. The parties hereto understand that certain time-sensitive conditions of Ordinance
No. 94-98 may have expired and requires the Planning Director to grant an
extension of time as provided by paragraph M(4) of Ordinance No. 94-98. In the
event that an extension request, as provided by paragraph M(5) of Ordinance No.
94-98, is submitted to the County Council for appropriate action, the parties agree
that the satisfaction of this Agreement shall also serve to satisfy the affordable
housing requirements of Hawaii County Code Chapter 11 as to Ordinance No. 94-
98, as amended or as required by any successor ordinance.
3. The Developer shall offer for sale residential units (the "affordable housing
units") developed on the Affordable Housing Site necessary to generate housing
credits off-site within a fifteen-mile radius of Volcano Golf & Country Club,
Unit V, equal to 8 credits, which shall be satisfied upon the sale of 4 completed
dwelling units affordable for qualified households earning less than 80% of
median income. The provisions of this Agreement shall satisfy the applicable
affordable housing requirements for development of up to Forty (40) lots at the
Volcano Golf & Country Club Unit V.
4. The sales of all affordable housing units shall be made to purchasers who qualify
under the applicable County of Hawaii affordable housing eligibility requirements
and income qualifications, and who are approved by the OHCD. The marketing
and sale of the affordable housing units shall comply with all requirements of
Hawaii County Code Chapter 11, Article 1 (Affordable Housing), to include
without limitation, the following eligibility requirements:
a. Applicants shall be a citizen of the United States or a permanent resident
alien who resides in the County of Hawaii at the time of application.
b. For a period of ten (10) years after purchase of the affordable housing unit,
Applicants shall abide by the restrictions on use, occupancy and buy-back
as required by OHCD.
l
4837-2562-6113.2
11/9" 3
C. Applicants shall utilize the affordable unit as their permanent and primary
residence, and be owner-occupants during the ten (10) year restriction
period.
d. Applicant and/or Co-Applicant must not own more than fifty-one percent
(51%) or more interest in real property suitable for dwelling purposes
within one year prior to the date of application.
5. Within one hundred eighty days (180) days of the effective date of this
Agreement, the Developer shall submit for written approval by the OHCD the
development phasing and marketing plan for the Affordable Housing Site (the
"Plan"). As part of the Plan, the sales price and Developer-furnished utilities,
appliances and other amenities for each affordable housing unit, if applicable,
shall be approved by the OHCD. Within sixty (60) days after the Developer's
submittal of the Plan, the OHCD shall act to approve or disapprove the Plan. If
the OHCD fails to act on the Plan within the 60 day period, the Plan shall be
deemed approved and the Developer may commence marketing and sales
pursuant to the provisions of the Plan.
6. The Developer shall submit annual reports to the OHCD regarding the
Developer's compliance with the terms of this Agreement, to include without
limitation, marketing and sales reports and documents sufficient to allow the
OHCD to ensure compliance with the terms of this Agreement. The OHCD shall
monitor and approve the Developer's compliance with the terms of this
Agreement.
7. Unless the Developer shall earlier satisfy the affordable housing requirements for
the Affordable Housing Site, the Developer shall offer for sale the initial phase of
affordable housing units on the Affordable Housing Site within five (5) years of
the date of this Agreement. In the event that the Developer fails to timely perform
its obligations herein, and upon the Developer's failure to cure the default within
sixty (60) days after the Developer's receipt of written notice by the County
demanding performance hereunder, the Developer, by Warranty Deed to the
County, shall convey the fee simple interest in and to the Affordable Housing Site
as provided herein.
8. To secure the completion of construction of the affordable housing units on the
Affordable Housing Site, the Developer shall post with the County, a Bond or
other security in a form and an amount acceptable to the OHCD and the Office of
the Corporation Counsel, for the full costs of construction of the affordable
housing units on the Affordable Housing Site. The Agreement shall provide a
mechanism for the Surety and County, in the event of a breach of the Agreement
by the Developer, to complete the construction of the affordable housing units.
9. If the efforts of the Developer to complete the design, development and
construction of the affordable housing units on the Affordable Housing Site are
l delayed by any of the following (collectively, "Force Majeure"): (a) war,
4837-2562-6113.2
11/8/06 4
earthquake, fire, flood, volcanic activity or other similar natural disaster, or by
general or industry-wide strike in the County of Hawaii, shipping strike in the
State of Hawaii or on the continental United States, litigation relating to the
Affordable Housing Site, governmental regulation or any other cause beyond the
control of the Developer which renders unobtainable at commercially reasonable
cost any substantial amount of labor, materials or equipment necessary therefor,
or (b) the failure of any Government Agencies to approve or consent to any matter
for which such approval or consent is required within a reasonable time after the
Developer has made a request therefor, and despite reasonable efforts on the part
of the Developer to obtain such consent or approval, then, and in any such event,
the time periods set forth in this Agreement for completion of the affordable
housing units on the Affordable Housing Site shall be extended by the number of
days that the Developer is delayed as a result of the specified event of Force
Majeure.
10. Subject to the prior written approval of the OHCD, the Developer, in its
discretion, shall be entitled to sell and transfer, any affordable housing excess
credits generated, pursuant to Chapter 1,1 from development of the Affordable
Housing Site to third parties. These affordable housing excess credits may be
used off-site by third parties to satisfy any applicable affordable housing
requirements. As used herein, the term "affordable housing excess credits" shall
mean the number of excess credits approved in writing by the OHCD which are in
excess of the minimum requirements of Hawaii County Code Chapter 11, Article
1 (Housing) effective on the date of this Agreement for development of the
Affordable Housing Site.
11. This Agreement shall run with the land of the Affordable Housing Site and be
binding upon and inure to the benefit of the parties hereto, and their respective
successors and assigns. This Agreement shall be recorded against the land of the
Affordable Housing Site by the Developer at the Bureau of Conveyances, or with
the Land Court of the State of Hawaii as applicable, within thirty days after being
fully executed by the parties. The parties agree to take such actions and execute
whatever other documents as are necessary to effectuate and carry out the intent
of this Agreement. This Agreement supersedes all other agreements and
understandings (whether oral or written) made heretofore or contemporaneously
herewith by the parties. The provisions of this Agreement may not be modified,
altered or changed except by another written instrument executed by the parties
hereto.
12. Upon the determination of compliance with the terms of this Agreement for all or
any portion of the Affordable Housing Site by the OHCD, a Release or a Partial
Release of this Agreement, as applicable, shall be executed by the parties hereto
and filed by the Developer with the Bureau of Conveyances, or with the Land
Court of the State of Hawaii, as applicable.
13. Upon the written request of the Developer, the County shall subordinate its rights
hereunder to the encumbrance of any mortgages and security agreements to any
4837-2562-6113.2
11/8/06 5
f
bank, insurance company, lending institution or lender for the Affordable Housing
Site for the purpose of completing construction of the affordable housing units
and related infrastructure. The County hereby agrees to execute any further
documentation or subordination agreement necessary to carry out the provisions
of this subordination.
14. This instrument may be executed in two or more counterparts, and when all
counterparts have been executed, each counterpart shall be considered an original
but when assembled shall constitute one and the same instrument, and shall have
the same force and effect as though all of the signatories had executed a single
signature page. Any unexecuted duplicate pages may be omitted from the
assembled original document.
15. The parties agree that no party shall be deemed to be the drafter of this
Agreement, and further that in the event this Agreement is ever construed by a
court of law, such court shall not construe this Agreement or any provisions of
this Agreement against any party as the drafter of this Agreement.
16. This Agreement shall be governed and construed in accordance with the laws of
the State of Hawaii.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
4837-2562.6113.2
11/8/06 6
r
IN WITNESS WHEREOF, the parties have executed these presents on the date and year
first above-written.
RECOMMEND APPROVAL: VOLCANO FAIRWAYS DEVELOPMENT
CORPORATION,
a Hawaii Corporation
EDWIN S. TAIR
trator '
Housing Administrator
Office of Housing and Community By
Development Richard Henderson
Its President
Dated: e 7 ~U~J 6
"OHCD" "DEVELOPER" OF THE "AFFORDABLE
HOUSING SITE"
APPROVED AS TO FORM AND
LEGALITY:
p~ COUNTY OF HAWAII
13eputy Corporation Counsel By
DIXlE KAEfSU
Dated: k?A44 Its Manaaitq DkecW
Dated: DEC 2 2 2006
"COUNTY"
l
4837-25626113.2
11/8/06 7
t
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On DEC 2 2 2006 before me personally appeared DIXIE KAETSU, to me
personally known, who, being by me duly swom, did say that DIXIE KAETSU is the
Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii;
that the seal affixed to the foregoing instrument is the corporate seal of said County of
Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of
Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the
County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the
Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE
KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii.
o TA q ~ CAT CORREIA
No ublic, State of Hawaii
f
~t p& B O V My commission expires: 10/13/2010
C •Mr
f ~
t
r
STATE O AWAII )
SS:
COUNTY OF WAII )
On this day of 2006, before me personally appeared
to me personally known, who, being by me duly swom,
did say that he/she is the of the County of Hawaii, a municipal
corporation of the State of Hawa\acknowledgaid ixed to the foregoing instrument is the
corporate seal of said County of regoing instrument was signed and sealed in
behalf of the County of Hawaii bto said of the County of
Hawaii by Section 5-1.3(g) of thCounty of Hawaii (1991), as amended; and
said aid instnument to be the free act and deed of
said County of Hawaii .
Name:
Notary Public, State of Haw "
My commission expires:
l
4837-2562-6113.2
11/8/06
i
r
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this L day of D-~??~' , 2006, before me personally appeared
'Rie-AR r-el to me personally known, who, being by me
duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free
act and deed of such person(s), and if applicable in the capacity shown, having been duly
authorized to execute such instrument in such capacity.
JXMX~ ce
me: 6" 9E, z
Notary Public, State of Hawaii
a My commission expires: gAke't 23 0200 9
4837.2562-6113.2
11/8/06
i
EXHIBIT N
March 22, 2007
Inaba Engineering Letter to Planning Department:
stating property markers for the new lot corners have
been placed in accordance with the Final Plat Map
09-23-07;09;52W ;8089358099 9 1/ 1
03/23/2007 09:11 8089358033 INABA ENGINEERING PAGE 01/01
1961.3727 FACSIMILE:
1967.37 (908)935.8035
COPY INABA ENGINEERING, INC.
CIVIL ENGINEERING ¦ LAND SURVEYING
273 WAIANUENUE AVENUE
HILO, HAWAII 96720
March 22,2007 IEI #91075
Post-ir Fax Note 7671 Dac_443_41 Q40- I
Mr. Christopher J. Yuen, Director V-6w 1ear. Zcrx. From
Planning Department OcjOep. co.
County of Hawaii Phone # * Phonet .
101 Pauahi Street, Suite 3 Fax • _
Hilo, Hawaii 96720
SUBDIVIDER, Volcano Fairways Development Corporation
Volcano Golf & Country Club Subdivision, Unit V
Proposed Subdivision of Portion of R.P. 4475, L.C. Aw. 7713, Ap. 11
Into Lots 1 to 40, Inclusive & Road Lots A, B and C
Keauhou, Ka'u, Island of Hawaii, Hawaii
Tax Mao Key: 3" DIV. 9.9-006:008 (SUB 94-00014
Gentlemen:
Please be apprised the property markers for the new lot corners have been placed in
accordance with the final plat map.
If there are any questions, please contact this office at 961-3727.
Very truly yours;
7 INABA ENGINEERING, INC.
aolanl:eo : "1,
uwu sueveroi ,
Ne. 5626 Alan Z. Irie6a
V.
Licdnsed Professional Land Surveyor
Certificate Number 5626
GYI
Fax Copy: Volcano Fairways Development Corporation (M 935-8099
cdxgcmcav.+ti,d •
EXHIBIT O
May 10, 2007
Affordable Housing Assignment from
HICDC to Volcano Fairways
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION
100 PAUAHI STREET, SUITE 204 • HILO, HAWAII 96720
Mr. Edwin Taira April 4, 2007
Office of Housing and Community Development
50 Wailuku Drive
Hilo, HI 96720
Subject: Housing Credit Award - Pacific Paradise Gardens Phase 7
Housing Credit Transfer to Volcano Fairways Development Corporation
Dear Mr. Taira:
The Hawaii Island Community Development Corporation wishes to be awarded 10
housing credits for the Pacific Paradise Gardens Phase 7 project that is now just getting
underway. This project is funded with the assistance of the County of Hawaii HOME
Investment Partnership Program, Rural Community Assistance Corporation, the Federal
Home Loan Bank of Seattle and USDA. Households participating in this program will be
below 80% and 501016 of the area median income.
We also propose to transfer 8 of these credits to Volcano Fairways Development
Corporation.
The attached documents would accomplish these two objectives and are virtually
identical to the documents reviewed and executed for the Kumakua Self Help Housing
Project and Hanaula Village LLC. We have executed the documents in anticipation of
approval from the County of Hawaii. Should there be any need to amend the documents
prior to the county's execution of them please do not hesitate to contact me.
Thank you for your assistance in this matter.
Sincerely YoJu~rs,~
lGL.~- vu(
Keith Kato
Executive Director
Enclosure: Agreement 1 for Affordable Housing Credits (HICDC PPG7) - 3 copies
Assignment of Affordable Housing Credits (HICDC PPG7) - 3 copies
PPG7 Affordable Housing Credit Agreement - 3 copies
Declaration of Vovenants for Affordable housing (PPG7) - 3 copies
Copies wlo enclosure: Volcano Fairways Development Corporation
Alan Okamoto
EQUAL OPPORTUNITY EMPLOYER-
ADMINISTRATION: 18081969-1168 FAX (8081935-6916
i
PPG 7 AFFORDABLE HOUSING CREDIT AGREEMENT
This PPG 7 Affordable Housing Credit Agreement is made this day of
, 2007, between VOLCANO FAIRWAYS
DEVELOPMENT CORPORATION, a Hawaii corporation, whose mailing address is 66
Kekuanaoa Street, Suite 360, Hilo, Hawaii 96720 ("Volcano Fairways'), and HAWAII ISLAND
COMMUNITY DEVELOPMENT CORPORATION, a Hawaii nonprofit corporation, whose
mailing address is 100 Pauahi Street, Suite 204, Hilo, Hawaii 96720 ("HICDC").
RECITALS
1. HICDC owns ten (10) parcels of land in the Pacific Paradise Gardens Subdivision
in the District of Puna, Island and County of Hawaii, State of Hawaii, as described in Exhibit A
attached hereto.
2. Volcano Fairways owns certain real property at Keauhou, District of Ka'u, Island
and County of HawaiL identified by Tax Map Key No. [3] 9-9-006-008, as described in Exhibit
B attached hereto. Volcano Fairways wishes to acquire eight (8) affordable housing credits in
order to satisfy zoning conditions applicable to the development of its land.
3. Volcano Fairways and HICDC wish to enter into an agreement by which Volcano
Fairways would acquire eight (8) affordable housing credits from HICDC.
4. HICDC will develop its land to provide affordable housing so as to obtain not less
than eight (8) affordable housing credits from the County of Hawaii. HICDC will enter into such
agreements with the County of Hawaii and place such covenants and restrictions on its land to
the reasonable satisfaction of the County of Hawaii in order to obtain said eight (8) affordable
housing credits ("Agreement 1 for Affordable Housing Credits (HICDC PPG 7)'),
l
bc&W1fi 4%PPG7Hoo&nooAHCA
1
1 I
I ~
NOW THEREFORE, the parties mutually agree as follows:
1. Volcano Fairways shall pay to HICDC the sum of SIXTY TWO THOUSAND
FOUR HUNDRED AND N01100 DOLLARS ($62,400.00) (being SEVEN THOUSAND
EIGHT HUNDRED AND NO/100 DOLLARS ($7,800.00) for each affordable housing credit)
for eight (8) affordable housing credits, payable upon assignment of the affordable housing credit
by HICDC to Volcano Fairways.
2. HICDC shall take all actions reasonably necessary to obtain said eight (8)
affordable housing credits from the County of Hawaii.
3. Concurrent conditions. The rights and obligations under this PPG 7 Affordable
Housing Credit Agreement are conditioned upon the signing of Agreement 1 for Affordable
Housing Credits (HICDC PPG 7) ("Agreement 1') between the County of Hawaii and HICDC.
For purposes of documenting the satisfaction of the concurrent conditions, HICDC and Volcano
Fairways agree that they will sign this agreement first. HICDC will sign Agreement 1 and
submit that agreement to the County of Hawaii for signature. Only upon signature by the County
of Hawaii on the agreement to which it is a party, will the concurrent conditions be satisfied.
4. Upon the County's signing of Agreement 1, HICDC will assign the eight (8)
affordable housing credits to Volcano Fairways.
5. Binding Effect and Assignment. This PPG 7 Affordable Housing Credit
Agreement shall be binding upon the parties, their assigns and successors in interest and upon the
land described in Exhibit A. The parties hereto may hereafter assign their respective rights and
duties to persons or entities who succeed to their interests in the land subject to this agreement by
giving written notice of said Assignment to HICDC and the County of Hawaii (Attention: Office
of Housing and Community Development), but in the case of such assignment, the assignee
IIrIpU'PO7Hmde'wMHG
f hic&WJ
2
(person or entity being assigned the rights and duties) shall be subject to all of the terms and
conditions of this agreement and shall be liable for performance of the obligations of the
Assignee and Assignee's predecessors in interest and the Assignor shall also continue to be liable
unless released in writing by the other party to this Agreement. Provided, however, that any
assignment must be consistent with Section 11-15, Hawaii County Code, and must be approved
by the Mayor of the County of Hawaii.
6. Remedies. The parties shall have all remedies available at law for breach of this
agreement and the prevailing party shall be entitled to recover all reasonable costs and expenses
incurred in obtaining remedies for such breach. The parties recognize and agree that since this
agreement deals with the development and sale of real property, that the remedy of specific
performance may be an appropriate remedy and the party not in breach of this agreement may
seek such remedy without prejudice to any other rights that party may have to damages. The
prevailing party in any proceeding to obtain remedies for a breach of this agreement, including
specific performance shall be entitled to that party's costs and expenses and reasonable attorneys
fees whether the dispute is resolved through litigation or other means as mutually agreed by the
parties.
7. Addresses. The parties may send any notices to each other under this agreement
to the following addresses until notified in writing of a change in such address:
VOLCANO FAIRWAYS DEVELOPMENT CORPORATION
66 Kekuanaoa Street, Suite 360
Hilo, Hawaii 96720
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION
100 Pauahi Street, Suite 204
Hilo, Hawaii 96720
ecaNxunepwamw.amaws;e
3
Such notices may be by personal delivery, delivery by the U.S. Postal Service, postage prepaid,
by an established private courier service such as Federal Express or UPS, or by electronic means
such as facsimile transmission or electronic mail, provided that in the case of transmission by
electronic means, the sender shall do so in a manner that allows it to confirm such delivery.
8. Entire Agreement. This agreement is the entire agreement between the parties
and supersedes all prior negotiations, understandings and agreements of any kind related to the
subject matter of this agreement. This agreement may only be amended by a writing signed by
the party against whom enforcement is sought.
9. Counterpart Documents. The parties hereto agree that this instrument may be
executed in counterparts, each of which shall be deemed an original, and said counterparts shall
together constitute one and the same conveyance, binding all of the parties hereto,
notwithstanding all of the parties are not signatory to the original or same counterparts. For all
.
purposes, including, without limitation, filing and delivery of this instrument, duplicate
unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining
pages assembled as one document.
hk&As~k%M7Hend=mAHCA
4
10. Governing law. The laws of the State of Hawaii shall govern this agreement.
VOLCANO FAIRWAYS DEVELOPMENT
CORPORATION, a Hawaii corporation
By:
Its
HAWAII ISLAND COMMUNITY
DEVELOPMENT CORPORATION
By: V
Its:
ha:doWlmelplPPG7NeodenoaAF[CA
5
EXHIBIT A
PARCEL 1: TMK [3] 1-8-069-105
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 105, area 7,700 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Land'j, as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 2: TMK (3) 1-8-070-021
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 131, area 7,700 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Land)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 3: TMK [3) 1-8-070-032
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawan, State of Hawaii, being LOT 149, area 7,700 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Land)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 4: TMK 13] 1-8-070-058
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 163, area 7,700 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Land)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCELS: TMK [3] 148-070-084
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 194, area 7,700 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Lands)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
l
hiedo4cladp~PPG7HeodatooAFICA
6
PARCEL 6: TMK [311-8-070-096
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 205, area 9,100 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also ]mown as Olaa Scenic Lands)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 7: TMK 131 1-8-071-092
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 239, area 9,100 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also (mown as Olaa Scenic Lands)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 8: TMK [3] 1-8-071-093
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 238, area 9,100 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also ]mown as Olaa Scenic Land)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 9: TMK [311-8-071-109
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 228, area 9,100 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also ]mown as Olaa Scenic Land'), as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 10: TMK [3] 1-8-071-109
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 229, area 9,100 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also ]mown as Olaa Scenic Lands)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
~ mem~eia.4wee~x~a~wMHCn
7
i
ASSIGNMENT OF AFFORDABLE HOUSING CREDITS
(HICDC PPG 7)
8 Affordable Housing Credits
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, a
Hawaii nonprofit corporation, whose address is 100 Pauahi Street, Suite 204, Hilo,
Hawaii 96720 ("Assignor") hereby assigns toVOLCANO FAIRWAYS
DEVELOPMENT CORPORATION, a Hawaii corporation, whose mailing address is 66
Kekuanaoa Street, Suite 360, Hilo, Hawaii 96720 ("Assignee l eight (8) affordable
housing credits from Agreement 1 for Affordable Housing Credits (MCDC PPG 7)
between Assignor and the County of Hawaii dated AOA.I I Z 3 12007,
to be used toward meeting affordable housing requirements on the following project:
PACIFIC PARADISE GARDENS 7 MUTUAL SELF HELP PROGRAM
Assignor warrants that it was granted the affordable housing credits by the County
of Hawaii under Agreement 1 for Affordable Housing Credits (HICDC PPG 7) between
Assignor and the County of Hawaii, and that Assignor has the right to assign the same to
Assignee.
This Assignment shall be effective upon the acknowledging signature of the
' County of Hawaii below,
Assignor
HAWAII ISLAND COMMUNITY
R
ATION
DEVELOPMENZZ
By 1
Its V ce President
Date: May 10, 2007
County of Hawaii acknowledges receipt of the assignment of affordable housing credits.
COUNTY OF HAWAII
Edw' . Taira
Housing Administrator
I ~
hiedc\aclfhelp\PPG7Hendmm Anipment
R-290 STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
MAY 10, 2007 08:01 AM
Doe NON) 2007-064293
1W CARL T. WAT13E
Nf~~UI~~n~Ilfgl~nrill~M REGISTRAR OF CONANAVEYANcEs
20 1H 26
LAM MM MUM REGULAR SYSTEM
Return by MAIL PICK ) to.
A T pule FOR 1
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T' H~w~F fdnd CrnmWU7YONCatpl Y: y., • tFONMiII{i• „j 4
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HYo HI H19 98720 Comajas 006
TITLE OF DOCUMENT:
DECLARATION OF COVENANTS FOR AFFORDABLE HOUSING (PPG 7)
PARTIES TO DOCUMENT:
OWNER: HAWAII ISLAND CONIMLJN17Y DEVELOPMENT CORPORATION, a
Hawaii nonprofit corporation
CORPORATION: County of Hawaii, a municipal corporation of the State of Hawaii
PROPERTY: Lots 105, 205, 239, 238, 228, 229, Pacific paradise
Gardena Subdivision, Puna, Hawaii.
TAX MAP KEY: [3] 1-8-069-105_, [3] 1-8-070-021, 032, 058, 084, 096, (311-8-071-092,
093,108,109
i \
liodo~e101eIp1P~awY
DECLARATION OF COVENANTS FOR AFFORDABLE HOUSING (PPG 7)
THIS DECLARATION OF COVENANTS FOR AFFORDABLE HOUSING (PPG 7)
(the "Declaration"), dated as of 6pri t e3, goal- . 2007, by
HAWAII ISLAND COMMUNITY DBVELOPN04T CORPORATION, a Hawaii nonprofit
corporation, whose address is 100 Pauabi Street, Suite 204, Hilo, Hawaii 96720, and its
successors and assigns (the "Once) is given as a part of the unrecorded Agreement 1 for
Affordable Housing Credits (HICDC PPG 7) dated d2! l 2007,
between Owner and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose address is 25 Aupuni Street, Hilo, Hawaii 96720 (the "County) ("Agreement 1'l.
WHEREAS, the Owner plans to proceed with a self help program on 10 (ten) parcels of
land within the Pacific Paradise Gardena Subdivision, described in Exhibit A attached hereto to
create not less than ten (10) residences under said self help program as described below and in
Agreement 1; and
WMREAS, in reliance upon Owner's plans and the :obligations in Agreement 1
desaibpd above, the Countybas issued ten (10) affordable housing 5redits W Owns; and
'.t?oL0 /;i!)di i1.. .fa), ~Xw Ai f~J.es.• ~ .,t
WHEREAS, Owner agreed to execute and record this Declaration in the Bureau of
Conveyances of the State of Hawaii as a part of Agreement 1; and
VM!REAS, the Owner intends, declares and covenants that these covenants governing
its obligation to provide ten (10) lots to be sold to buyers meeting household income limits
described below shall be and are covenants running with the Project for the term stated herein
and binding upon all subsequent owners of the Project for such term, and are not merely personal
covenants of the Owner.
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set
forth, and of other valuable consideration, the receipt and sufficiency ofwhich is hereby
acknowledged, the Owner agrees to undertake the Project as follows:
SECTION 1. Definitions.
All words and phrases not otherwise defined in these covenants shall have the meaainSO
as defined under applicable regulations promulgated by the United States Department of Housing
and Urban Development (HUD
SECTION 2. Affordability Requirements.
The Project must comply with the following affotdability requirements:
L Not less than tea (10) residential lots are to be sold to persons and Ihmilies with
incomes at or below 80% of the area median gross income at the time of admission into the
ifodoYelafe~1YP07HadenonCm~a,e,b
2
/ I
housingproject; and
b. Household income is defined as the total annual income of each member of an
owner's household, excluding minors (i.e., persona eighteen years of age and under).
C. Area median gross incomes are derived from estimates provided by HUD.
d. The project involves a single family residential development. With respect to the
single family residential units, the sales ofnot less than ten (10) units will be to buyers whose
incomes conform to the family household income requirements described above.
SECTION 3. Term of Agreement and Termination of These Covenants,
The term of Agreement 1 shall commence on the date of Agreement 1 and shall expire in
two (2) years.
Owner may extinguish these covenants as to each ofthe. ten (10) lots when the lot is
conveyed to a participant under the self help program who will construct a residence on that lot.
SECTION 4. Ov acr is "ctgd to start the self help program for the ten (10) residential lots
within two (2) years Lrorim th6bate of Agreement I and to begin transfer of those lots to persons
whose household incomes comply with the requirements above.
If Owner does not begin the transfer of said residential lots by the dates provided in this
Section 4, County shall have the option of acquiring any of the tat (10) lots that are still subject
to these covenants at that time by delivering awritten notice of exercise of the option to Owner.
Owner will be entitled to receive the amounts that it paid for any of said lots when said lots are
transferred to an affordable housing participant.
SECTION S. Recording and Sling; Covenants to Run With the Project
(a) Upon execution and delivery ofthis Declaration by the Owner and County, the
Owner shall cause this Agreement and all amendments hereto to be recorded and filed in the
Buren ofConveyances of the State ofllmai4 and shall pay all fees and charges incurred in
connection therewith. Upon recording, the Owner shall immediately transmit to the County an
executed original of the recorded Agreement.
(b) The Owner, under this Agreement, covenants that the covenants set forth herein
governing the use and transfer ofthe land described in Exhibit A shall be and are covenants running
with the land for the tarn stated berein and binding upon all subsequent owners ofsaid land for
such term, and are not merely persond covenants, of do Owner.
(c) . The parties hereto agree that this instrument maybe executed in counterparts, each
ofwhich shall be deemed an original, and said counterparts shall together constitute one and the
same conveyance, binding all of the parties hereto, notwithstanding all of the parties are not
signatory to the original or same counterparts. For all purposes, including, without limitation,
recordation, filing and delivery of this mstume4 duplicate amecuted and unacimowledged pages
of the counterparts may be discarded aid the remaining pages assfmbbd as one document.
momt+eraerPwrorxeae.oocovmuw
3
IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed on
the date first written above.
APPROVED AS TO FORM COUNTY OF HAWAII
BY,
Deputy Corporation Counsel HARRY KIM
Its mayor
30untyf
~ir
Recommend Approval:
Edwin S. Taira
Housing Administrator - ,
HAWAII ISLAND COMMUNITY
DEVELOPMENT CORPORATION
By
Its VLCLW i~
°Ownee
i
4
i
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On ARri123 2007 before me personally appeared DIXIE KAETSU, to me
personally ]mown, who, being by me duly sworn, did say that DIXIE KAETSU is the
Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii;
that the seal affixed to the foregoing instrument is the corporate seal of said County of
Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of
Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the
County Chatter, County of Hawaii (2000), as amended, and assigned by the Mayor to the
Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE
KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii.
~a?TAark, CATHY/ CORREIA
,M.. Notary%blio, State of Hawaii
AV $ti•~~.t My commission expires: 10/13/2010
ATB OF HAWAII )
SS.
CO OF HAWAII )
On this day of . 2007,
before me personall peared HARRY KIM, to me personally known, who, being by me
duly sworn, did say that is the Mayor of the COUNTY OP HAWArL a municipal
corporation of the State of si'i; that the seal affixed to the foregoing instrument is the
corporate seal of said County o wai'i, that the foregoing instrument was signed and
sealed in behalf of the County of 'i by authority given to said Mayor of the County of
Hawaii by Section 5-1.4 of the Co t Charter. County of Hawai'i (1991), as amended;
and said HARRY KIM acknowledged sai meat to be the free act and deed of said
County of Hawai'i.
Notary Publio
State of Hawaii
My commission expires:
maao«u~~r¢c~a
i
S
• i
)
STATE OF HAWAII
COUNTY OF HAWAII
)
On this 4 day" V I,' 20079
before mo personally appeared JQIOv. S. R A j . to me personallyy
known, who, being by me duly sworn, did say tba he is V 1Ce--"P.. W -
of HAWAII ISLAND COMMUNTPY DEVELOPMENT CORPORATION, and that said
inshumcot was signed on behalf of said corporation by authority of its Board of Directors, and
said officer acknowledged said instrument to be the free act and dead of said corporation.
L5 Terrilyn Ferreira
Notary Public
State OfRawaii
My Commission Expires: 3I S~~O$
nbaaam~yweoruemaoocw~a .
6
I I
EXHISTT A
PARCEL I TMK [311-9-0691-10S
All of that certain parcel of land situate, lying and being at Ohm District of Puna, Island
and Countyof Hawaii, State of Hawaii, being LOT 105, area 7,700 square feet, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Land', as shown on the map
thereof filed in the Official Records as File Plan No. 694.
PARCEL 2: TMK [311-8-070-021
All of that certain parcel of land situate, lying and being at Olga, District of Puna, Island
and County of Hawaii, State of Hawaii, bang LOT 131, area 7,700 square fact, more or leas, of
the "PACIFIC PARADISB GARDENS (also known as Olas Scenic Land)", as shown on the map
thereof tiled in the Official Records as File Plan No. 694.
PARCEL 3• TMK [3] 1-8-070.032
All of that certain parcel of land situate, lying and being at MR, District of Puna, Island
and County ofHawA State of Hawaii, being LOT 149, area 7,700 aquae feet, more or less, of
the'TACWIC PARADISE GARDENS (also known as Olaa Scenic Land)", as shown on the map
thereof filed in the Official Records as File Plan No. 694.
PARCEL 4: TMK 131148-070-058
All of that certain parcel of land situate, tying and being at Olaa, District of Puna, Island
and County ofHawai, State ofHawaii, being LOT 163, area 7,700 squaw fbet, more or lose, of
the'TACIFIC PARADISE GARDENS (also known sa Olaa Scenic Land), as shown on the map
thereof filed in the Official Records as File Plan No. 694.
PARCEL 5: TMK [3] 148.070-084
All of that certain parcel of land situate, lying and being at Olas, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 194, area 7,700 square fact, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic Landsr, as shown on the
map thereof filed in the Official Records as File Plan No. 694.
hirAetrelQielplPPQ/HmdeomCovmwb
7
PAR MI, 6: TMK [311-8-070-096
All of that certain parcel of land situate, lying and being at Olaa. District of Puna, Island
and County ofHawafi, State ofHaw4 being LOT 205, area 9,100 square fed, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olaa Scenic lands)", as shown on the
map thereof filed in the Official Records as File Plan No. 694.
PARCEL 7: TMK 131 I-8-071-092
All of that certain parcel of land situate, lying and being at Olas, District of Puna, Island
and County ofHawaii, State of Hawaii, being LOT 239, area 9,100 square feet, more or less, of
the `PACIFIC PARADISE GARDENS (also ]mown as Olas Scenic Lands)", as shown on the
map thereof filed in the Official Records.as File Plan No. 694.
PARCEL 8: TMK 1311-8-071-093
All of that certain parcel of land situate, lying and being at 6iaa, District of Puna, island
and County of Hawaii, State of Hawaii, being LOT 238, area 9,100 square feet, more or less, of
the'PACIFIC PARADISE GARDENS (also (mown as Of= Scenic Land)", as shown on the map
thereof filed in the Official Records as File Plan No. 694.
PARCEL 9: TMK 1311-8.071-108
All of that certain parcel of land situate, lying and being at Olas, District of Puna, Island
and County ofHawA State of Hawaii, being LOT 228, area 9,100 squaw fed, more or less, of
the "PACIFIC PARADISE GARDENS (also known as Oiaa Scenic I.aod'), as shown on the map
thereof Sled in the Official Records as File Plan No. 694.
PARCEL 10: TMK [31148-071-109
All of that certain parcel of land situate, lying and being at Olaa, District of Puna, Island
and County of Hawaii, State of Hawaii, being LOT 229, arcs 9,100 square fee; more or less, of
the "PACIFIC PARADISE GARDENS (also known as Olsa Static Landsr, as shown on the
map thereoffiled in the Official Records as File Plan No. 694.
Ndc4aa6,Ip1PP07IfanEaronCOVa+mY
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8
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EXHIBIT P
July 6, 2007
Department of Public Works Approval of
Road Construction
(DPW Folder No. 9926)
•
+~Y Or y
Harry Kim ' • Bruce C. McClure
Mayor Director
'01.11•'+
r~' Jiro A. So made
doul fv of palvan Deputy O,reaw
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Strcet, Suite 7 - Hilo, Hawaii 967204224
(808) 961-8321 - Fez (808) 961-8630
www.co.hawaii.hi.us
July 6, 2007
Mr. Ritchie Henderson
Volcano Fairways Development Corporation
66 Kekuanaoa Street, Suite 360
Hilo, Hawaii 96720
SUBJECT: COMPLETION OF IMPROVEMENTS
Subdivision Name: Volcano Golf & Country Club Subdivision Unit 5
Subdivision No.: 94-142
Subdivider: HSC, Inc.
Tax Map Key: 9-9-006: 008
DPW Folder No.: 9926
Road construction within the subject subdivision by Willocks Construction Corporation, Contractor, was
completed according to County of Hawaii dedicable standards.
You are reminded that we will not be responsible for the road maintenance until a dedication deed, along
with all related documents, are submitted to our Corporation Counsel and accepted by our County
Council.
Please be informed that the Department of Public Works will not approve dedication of roadway(s) prior
to injection well (dry well) compliance with Chapter 23, Underground Injection Control (UIC),
Administrative Rules, Department of Health.
? /z
GALEN M. KUBA, Division Chief
Engineering Division
RM
c: Planning Department
Willocks Construction Corporation (Scott Gaston)
Inaba Engineering, Inc.
HSC, Inc.
County of Hawaii is an Equal Opportunity Provider and Employer.
EXHIBIT Q
Annual Report 2006-2007
Change of Zone Ordinance No. 94-98
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WALANUENUE AVENUE
P.O. BOX 686
Him HAwAU 96721-0686
TELEPHONE 808.935.6644 FAx 808.935.7975
W W W.CARLSMURCOM
SLIMOCARLSMITH.COM
August 22, 2007
Christopher Yuen
Planning Director
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Change of Zone Ordinance No. 94-98
2006-2007 Annual Report (SUB 94-142)
Volcano Golf & Country Club, Unit V
Applicant: Volcano Fairways Development Corp.
Proposed subdivision of a portion of R.P. 4475, L.C. Aw. 7713, Ap. 11 Into
Lots 1 to 40, Inclusive & Road Lots A, B and C (SUB 94-142)
Tax Map Key: (3) 9-9-006:008 (±16.781)
Dear Mr. Yuen:
In compliance with Condition L of that certain Change of Zone Ordinance No. 94-98
(Ord 94-98) effective September 13, 1994, Volcano Fairways Development Corp., a Hawaii
corporation ("Volcano Fairways") submits it's 2006-2007 annual report for that certain real
property located at Keauhou, Ka'u, Island, County and State of Hawaii, TMK: (3) 9-9-006:008
("Property"), discussing compliance with the substantive conditions of approval, listing in order
the governmental "Condition" and Volcano Fairway's "Response."
The infrastructure for Volcano Golf & Country Club, Unit V (SUB 94-142) has been
completed, and in fact, DPW approved the Completion of Improvements for SUB 94-142 in their
correspondence dated July 6, 2007. Volcano Fairways has satisfied all conditions of approval
under the May 3, 1995 tentative subdivision approval letter (SUB 94-142) and Ord. 94-98,
except for receiving final subdivision approval in the allotted time period. However, this was
due to unforeseen circumstances that were beyond the control of Volcano Fairways including
financial constraints and internal reorganization efforts. It should be noted, that Volcano
Fairways did not receive a first administrative time extension under Ord. 94-98 as provided for,
and allowed for under Condition M of the same, and as is usually granted by the Planning
Director.
HONOLULU KAPOLEI Hv.o KONA MAUI GUAM SARAN LOS ANGELES
EXHIBIT Q
Christopher Yuen
August 22, 2007
Page 2
As such, Volcano Fairways is concurrently filing with this annual report, its 5-year time
extension request to the Planning Director for processing through the Planning Commission and
the County Council in order to receive final subdivision approval under SUB 94-142.
CHANGE OF ZONE ORDINANCE NO. 94-98 CONDITIONS OF APPROVAL
Condition A: The applicant, successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
Response: Volcano Fairways shall continue to comply with the conditions of approval under
Ord. 94-98.
Condition B: Subdivision plans shall be submitted within one year from the effective date
of the change of zone. Final subdivision approval shall be secured within one
year from the date of receipt of tentative subdivision approval.
Response: This condition has been partially complied with. Volcano Fairways did receive
tentative subdivision approval from the Planning Department on May 3, 1995,
which was within one year from the effective date of Ord. 94-98. Volcano
Fairways, however, did not receive final subdivision approval within one year of
receiving the tentative subdivision approval due to conditions which could not
have been foreseen, or are beyond the control of Volcano Fairways, including
financial constraints of Volcano Fairways and internal reorganization efforts.
Condition C: Restrictive covenants in the deeds of all of the proposed residential lots
within the subject properties shall be submitted to the Planning Department
for review and approval prior to final subdivision approval. A copy of the
approved covenant shall be recited in an instrument executed by the
applicant and the county and recorded with the Bureau of Conveyances
likewise prior to final subdivision approval. The restrictive covenants in the
deeds of all the proposed residential lots of the subject properties shall
require that each lot:
1. Shall be provided with a water catchment system and storage
capacity, meeting with the requirements of the Planning Department, the
Fire Department, the Department of Water Supply and the State
Department of Health based on a formula using median annual rainfall and
daily usage of gallons per day per dwelling as determined by the Planning
Department in consultation with the appropriate agencies;
2. Shall construct water storage tank(s) in an accessible location for fire
equipment with easy fire department hose hook-up for unrestricted use of
the water storage in the case of fire emergency;
3. Shall provide disclosure and waiver provisions relating to the lack of a
private or municipal water system meeting with the requirements of the
Christopher Yuen
August 22, 2007
Page 3
Department of Water Supply, and which shall also include that the County of
Hawaii shall not be responsible to provide water, at any time, to the
subdivided residential lots of the subject property, regardless of the
situation; and
4. Shall prohibit the construction of an ohana dwelling or a second
dwelling unit.
Response: This condition has been satisfied. Volcano Fairways recorded that certain
Declaration of Protective Covenants, Conditions and Restrictions for Volcano
Golf and Country Club, Unit V in the State of Hawaii Bureau of Conveyances
("CC&Rs") on October 30, 1996 at Doc. No. 96-155291. The CC&Rs included
the foregoing stated provisions under Condition C. Volcano Fairways shall
continue to comply with this condition.
Condition D: A wastewater disposal system shall be constructed in a manner meeting with
the approval of the State Department of Health and/or the Department of
Public Works, whichever is applicable.
Response: Volcano Fairways shall continue to comply with the foregoing condition.
Individual Wastewater Systems shall be approved for each lot by DPW and DOH.
Condition E: A solid waste management plan shall be prepared meeting with the approval
of the Department of Public Works prior to submitting plans for subdivision
review. The Plan shall include, but not be limited to, the management of
construction solid waste as well as operating and domestic solid waste
generated by the subject property. Approved recommendations and
mitigation measures shall be implemented at a time and in a manner meeting
with the approval of the Department of Public Works.
Response: This condition has been satisfied. DPW approved the solid waste management
plan on January 22, 1997. DPW approved the Completion of Improvements on
July 6, 2007.
Condition F: To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall work with the Office of Housing
and Community Development and the Planning Department to formulate a
housing plan for the development, which shall be consistent with the interim
affordable housing policy of the County as contained in the Hawaii County
Housing Agency Resolution No. 65. This housing plan shall be approved by
the County Housing Agency prior to final subdivision approval of the
development provided that the applicant shall notify the County Housing
Agency of the any intent to sell, lease, assign, place in trust, or otherwise
voluntarily alter the ownership interest in the property prior to visible
commencement of construction on the property; provided, however, that the
' a r..
i
` Christopher Yuen
August 22, 2007
Page 4
applicant may transfer ownership in the property to an affiliate or in a
manner consistent with prior representations to the County Housing Agency.
Response: This condition has been satisfied. Volcano Fairways purchased 8 excess
affordable housing credits from HICDC on April 23, 2007 as detailed in that
certain unrecorded Assignment of Affordable Housing Credits between HICDC
and Volcano Fairways, that certain recorded Declaration of Covenants for
Affordable Housing recorded in the State of Hawaii Bureau of Conveyances on
May 10, 2007 as Doc No. 2007-084293, and that certain unrecorded Affordable
Housing Agreement between Volcano Fairways and HICDC dated April 23,
2007. Furthermore, Volcano Fairways is proposing to voluntarily construct three
(3) additional affordable dwelling units within a fifteen-mile radius of the project
site, thereby bringing the total amount of affordable housing offered for the
development of this Property to thirty-five (35%) percent, even though the current
County affordable housing requirement is 20%.
Condition G: A drainage system shall be installed meeting with the requirements of the
Department of Public Works.
Response: This condition has been satisfied. Volcano Fairways received Construction Plan
Tracing Approval on March 12, 1996, and again on November 14, 2005. DPW
approved the Completion of Improvements on July 6, 2007.
Condition H: Access to the subject property from Mamalahoa Highway via Pumauna
Drive shall be improved meeting with the requirements of the Department of
Public Works and the State Department of Transportation prior to Final
Subdivision Approval of the subject properties. These improvements shall
include stabilizing the roadway crossing the "Great Crack" and the grading
of shoulders.
Response: This condition has been satisfied. Volcano Fairways received Construction Plan
Tracing Approval on March 12, 1996, and again on November 14, 2005. DPW
approved the Completion of Improvements on July 6, 2007.
Condition I: Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walks
be encountered, work in the immediate area shall cease and the Planning
Department shall be immediately notified. Subsequent work shall proceed
upon an archaeological clearance from the Planning Department when it
finds that sufficient mitigative measures have been taken.
Response: Volcano Fairways shall continue to comply with the foregoing condition.
Christopher Yuen
August 22, 2007
Page 5
Condition J: Comply with all other applicable laws, rules, regulations and requirements of
the affected agencies, including those of the Departments of Health,
Education, Water Supply, Public Works and Fire Department.
Response: This condition has been satisfied. Volcano Fairways received Construction Plan
Tracing Approval on March 12, 1996, and again on November 14, 2005. DPW
approved the Completion of Improvements on July 6, 2007.
Condition K: Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for the imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
Response: There has been no Unified Impact Fee Ordinance adopted for this Property,
therefore, the provisions included under Condition K are inapplicable.
Condition L: An annual progress report shall be submitted to the Planning Director prior
to the anniversary date of the effective date of the change of zone. The report
shall address the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect until all of the
conditions of approval have been complied and the Planning Director
acknowledges that further reports are not required.
Response: Volcano Fairways shall continue to comply with the foregoing condition.
Condition M: An 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 have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence;
2) granting of the time extension would not be contrary to the General
Plan or Zoning Code;
3) granting of the time extension would not be contrary to the original
reasons for the granting of the permit;
4) the time extension granted shall be for a period not to exceed the
period originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year); and
5) if the applicants should request an additional extension of time, the
Planning Director shall submit the applicants' request to the County Council
for appropriate action.
Christopher Yuen
August 22, 2007
Page 6
Response: Volcano Fairways is concurrently filing with this annual report a 5-year time
extension request to the Planning Commission and County Council.
Thank you for the opportunity to present this 2006-2007 annual report on behalf of
Volcano Fairways. Please feel free to contact Steve Lim or Jennifer Zelko at 935-6644, should
you have any questions.
Very truly yours,
Jennifer L. Zelko
JLZ/amp
cc: Mr. Richard Henderson
Mr. D.W. Rose
Inaba Engineering, Inc.
4830-7718-0161.1
8/22/07
~ Mte oc
Bobby Jean Leithead-Todd
Harry Kim - Director
Mayor
ei~•.. ^ r Nelson Ho
Deputy Director
Count of '(Waiual`i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961-8083 - Fax (808) 961-8086
hqp://co.hawaii.hi.us/directorv/dir envmne.htm
MEMORANDUM
Date : August 31, 2007
To . CHRISTOPHER YUEN, Planning Director
From: BOBBY JEAN LEITHEAD-TODD, Director A%
Subject: Change of Zone (REZ 769)
Applicant: Volcano Fairways Development Corporation
Request: Amendment to Change of Zone Ordinance No. 94-98
(Condition B - Final Subdivision Approval)
TMK: 9-9-6:8
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS: N/A
( ) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii County Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawaii County Code.
( )Other:
TECHNICAL SERVICES COMMENTS:
SOLID WASTE COMMENTS:
( ) No comments
(>d) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
('w) Ample and equal room should be provided for rubbish and recycling.
(74 ) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
(9'e) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other: ~W
cc: SWD, TSS 9953
County of Hawaii is an Equal Opportunity Provider and Employer.
e
RvolFarways7E.dm - 9124/07
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
VOLCANO FAIRWAYS DEVELOPMENT CORPORATION
AMENDMENT TO CONDITION B
CHANGE OF ZONE ORDINANCE NO. 94 98 (REZ 769)
Upon review of the request to amend Condition B (time to secure final subdivision
approval) of Change of Zone Ordinance No. 94 98, the Planning Director recommends that the
Planning Commission forward a favorable recommendation to the County Council, with
modifications. Since this recommendation is being made without the benefit of public
testimony, the Director reserves the right to modify and/or alter this position based upon
additional information presented at the public hearing. The recommendation for approval is
based on the following findings:
The applicant requests an amendment to Condition B of Ordinance No. 94 98 for
a 5-year extension of time to secure final subdivision approval for the Volcano Golf &
Country Club, Unit V Subdivision, through August 1, 2012. Condition B would be
amended as follows: (material to be deleted is bracketed and struck-through, material to
be added is underscored)
"[Subdi-Asien plans shall be submiaed within efie year fiefa the e&etive dat
the ehange efoeftee-] Final subdivision approval shall be secured within [em
year] five years from the [date ]
effective date of this amendment."
The applicant received tentative subdivision approval from the Planning
Department on May 3, 1995, which was within one year from the effective date of
Ordinance No. 94 98 as required in Condition B. However, final subdivision approval,
which should have been secured within one year from the date of tentative subdivision
approval (May 3, 1996), was not secured due to financial constraints and internal
reorganization efforts. On July 12, 2006, in its effort to obtain final subdivision approval,
the applicant submitted a fully executed Agreement and Bond for subdivision
improvements to ensure the completion of the improvements for the Volcano Golf
1
Country Club, Unit V Subdivision in accordance with construction plans and
specifications as approved by appropriate County agencies.
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 are
not the result of their fault or negligence. The applicant is a successor in interest to the
original subdivider, HSC Inc. However, due to financial constraints and internal
reorganization efforts, the time conditions within the ordinance were not satisfied by
HSC and/or the applicant. The applicant has invested a substantial amount of time and
money to develop the project. Revised final plat maps have been submitted and tentative
subdivision approval has been secured. In addition, the applicant has been informed by
letter dated October 3, 2006 that the Planning Department has been recommending that
affordable housing requirements be updated to conform to the current County affordable
housing requirements specified in Chapter 11, Hawaii County Code. To that end, the
applicant has purchased eight affordable housing credits to satisfy Condition F of the
ordinance, and proposes to construct three additional completed affordable dwelling units
within a 15-mile radius of the project site. The applicant has made a good faith effort in
complying with conditions of Ordinance No. 94 98.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. When the rezoning was approved by Ordinance No. 94 98 in 1994, the
project area was designated Medium Density Urban under the 1989 General Plan
LUPAG Map. The area was rezoned to Single-Family Residential 15,000 square feet
(RS-15) to allow the creation of the Volcano Golf and Country Club, Unit V Subdivision.
The 2005 General Plan currently designates the area as Low Density Urban, reflecting the
approved zoning. Therefore, the request would not be contrary to the changes within the
2005 General Plan.
Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone. The original reasons for the approval of the
change of zone are still applicable and the request is not contrary to these reasons. The
project area is not classified under the Agricultural Lands of Importance in the State of
Hawaii (ALISH) designation and the Land Study Bureau's Productivity Rating. The
applicant is still committed to completing the subdivision, and a fully executed
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Agreement and Bond for subdivision improvements has been submitted to ensure the
completion of the improvements for the subdivision. No negative comments were
received from agencies or the public on the request.
Based on the above, the Planning Director recommends that a favorable recommendation
be forwarded to the County Council to amend Condition B with the following changes to
Ordinance No. 94 98. In addition, the Planning Director recommends that existing conditions in
the ordinance be revised to reflect the current standard language for conditions of approval.
(Material to be deleted is bracketed and struck-through; new material is underscored):
A. the applicant, successors or its assigns shall be responsible for complying with all of the
stated conditions of approval;
B. [.1Ci[IC[S t.d.7T.71pTf 1 shall be jt[Oiii1iaeTCG t. d . ,itl.in one year fiffl^: the. .e..f.°. eti:e date of the
' ~11L[RT ~ ~ v the
me.] Final subdivision approval shall be secured within [eaejear] five years
from the effective date of this amendment [reeeipt of tentative subdivision appre ] ;
C. [r-estiietive eevenants in the deeds ef all of the pfflpesed residential lots within the subjeet
pr-epei4ies shall be submitted to the Planning Department for- review and appreval prior
the deeds of all the «repese b resid^..tiel lets of the subjeet «reperties shall requife that
each let!
i . shall be «r^aided with n water a tehment system and sterage r paeity eeting
with the requirements e f the Dl.....,i«e Departf1e«te the Fire DepaFtusef# _tle
e
Depai4ment a fWater Supply and the State DepaFtment of Health based e
femula using median anmal Fainfall and daily usage of gallens per day per
dwelling as deteFatined by the Planning Depaftment in eensultaien wit
I sh.e11 a nst feet ...ate- stef:age tank(s) in a sills leeatien f r fire a e«t
e v;
in the ease of fire e
3. sh eAl « .wide diseles,.re add waiver- previsions relati«g to the task e f a « ate e
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WateF a.ppl., and wh:eh shall also :«elude that the lbount..of Hawaii shall not h
..able to p vide ymte.. at any ti.bbe to the subdivided s sidential lots of the
subjeet e Feg"ess of the > and
4. stall rprehi bit the eenst".etie« of an ehs«s dwelling er a s end dwelling „«:t.]
-
Property owners in the Volcano Golf & Country Club Unit V Subdivision shall comply
with the restrictive covenants in Document Nos). 96-155291 recorded at the State
Bureau of Conveyances on October 30. 1996.
D. a wastewater disposal system shall be constructed in a manner meeting with the approval
of the State Department of Health and/or the Department of [Peblie WeFk
Environmental Management , whichever is applicable;
E. slid ....s* faa ..e«.ent plan shall be pfepared meeting w th the a al a fthe
De ...+p. «t e f Publ:e Works prior to submitting pla s far- subdivision review. The Nan
operating and de.bbe,.t:e solid waste g 'ated by the s*eet pr-ope..t.. A««..e..ed
Comply with the
Solid Waste Management Plan approved by the Department of Public Works on January
22. 1996 and the Planning Department on March 7. 1996.
F. to ensure that the goals and policies of the Housing Element of the General Plan are
implemented, the applicant shall [work County e ,b.bte:ped in the ua...e:: County 14eusin, Agene.. Resolution Ne 65 This
housing plan sWI be approved by the Getmty Heusing Ageney prior to final subdiyisie
Ageney ef any ii#eiA te sell, lease, assigm plaee in tmsf, er- etheFwise voluntarily after the
«pr-ep"; . p bided> heweyer e that the applicant may transfer p .ship in the p.-epe. to
Agexsy;] comply with the requirements of Chapter 11, Article 1, Hawaii County Code
relating to Affordable Housing Policy. This requirement shall be approved by the
4
[ ] Administrator of the Office of Housing and Community
Development prior to final subdivision approval;
G. a drainage system shall be installed meeting the requirements of the Department of Public
Works;
H. access to the subject property from Mamalahoa Highway via Piimauna Drive shall be
improved meeting with the requirements of the Department of Public Works and the
State Department of Transportation prior to Final Subdivision Approval of the subject
properties. These improvements shall include stabilizing the roadway crossing the "Great
Crack" and the grading of shoulders;
1. should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walks be encountered, work
in the immediate area shall cease and the Planning Department shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative measures have been taken;
I. comply with all other applicable County. State and Federal laws, rules, regulations and
requirements [efthe °m eted ageneies, neluding these efthe Depeolne^'° efHea w
Edueatien, Water Supply, Publie Works and Fire DepeAmenfl;
K. should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance;
L. an annual progress report shall be submitted to the Planning Director prior to the
anniversary of the effective date of the change of zone. The report shall address the
status of the development and the compliance with the conditions of approval. This
condition shall remain in effect until all of the conditions of approval have been complied
with and the Planning Director acknowledges that further reports are not required; [and]
M. The applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property with respect to parks and recreation. fire, police, solid waste
disposal facilities and roads. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be increased or
reduced proportionally if the lot counts are adjusted. The fair share contribution shall
become due and payable within five years from the effective date of this amended change
5
of zone ordinance. The fair share contribution for each lot shall be based on a maximum
density for each lot as determined by the zoning resulting from this change of zone. The
fair share contribution in a form of cash, land facilities or any combination thereof shall
be determined by the County Council The fair share contribution may be adjusted
annually beginning three years after the effective date of the amendment to the ordinance,
based on the percentage change in the Honolulu Consumer Price Index MCPII. The fair
share contribution shall have a maximum combined value of $10,976.69 per single-
family residential unit The total amount shall be determined with the actual number of
units according to the calculation and payment provisions set forth in this condition. The
fair share contribution per single-family residential unit shall be allocated as follows:
• $5,293.15 per single-family residential unit to the County to support park and
recreational improvements and facilities,
• $255.34 per single-family residential unit to the County to support police
facilities,
• $504.33 Per single-family residential unit to the County to support fire facilities:
• $220.80 per single-family residential unit to the County to support solid waste
facilities'
• $4,703.06 per single-family residential unit to the Coup to support road and
traffic improvements:
In lieu of paying the fair share contributiom the applicant may contribute land
and/or construct improvements/facilities related to parks and recreatiom fire police solid
waste disposal facilities and roads within the region impacted by the proposed
development subject to the review and recommendation of the Planning Director, upon
consultation with the appropriate agencies and approval of the County Council.
[8] N. [an extension r fime r w perfemmnee of , .alitie thin the .dinar may b^
1) he fien "c `.n is the s ult of nd:'i `'-1-i,'.s, Would have be
and theA are not the result of their fitult or negligenee-I
rn zoning rode.
-~°o~
or Zoning
6
2\ ,.ten..t: of the time ex4e«n.« ..,n..l.i of be n..«t` , to the eriginal
,
4) the fifne extension granted shall be far a peried not to e3feeed the p
"'thin ene year may be extended f ton addit:n«nl yea'); and
5) if the applieants should request an additiefW Lxtensien of ,
Planning Direeter shall submit the applieants' request to the Ceunty
If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and
County Council for appropriate action.
Furthermore, should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
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