HomeMy WebLinkAboutCOM 0834.000 1996-1998
JNiV OF New Virginia Goldstein
Dire(
Stephen K. Yamashiro - ~YI~%~~
Sou°°' Russell Kokuhun
Depurv Director
911llnfv of Cafunil
PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961.8288 • Fax (808) 961-8742
April 22, 1998
Mr. Sidney Fuke
Sidney Fuke & Associates
100 Pauahi Street, Suite 212
Hilo, Hawaii 96720
n
Dear Mr. Fuke:
Change of Zone Ordinance No. 94-78 (REZ No. 767)
Special Permit No. 863
Use Permit No. 74
Applicant: Big Island Country Club & Estates
Subject: Community Benefit/Impact Fee Requirements - Agreement
Tax may: 7-1-057 09, 1026 28-34 58 and 59
This is to follow-up on the Agreement for the above-referenced development which was
submitted with your letter dated February 12, 1998. Please accept our apologies for the
delayed response on this matter.
We have reviewed the Agreement and found it to be acceptable. Please be advised that none
of the terms of this Agreement is intended to modify or amend any of the conditions of
approval for the above-referenced ordinance and permits. With this understanding, please
forward the enclosed Agreement to the developer for his signature and thereafter, return said
document for appropriate execution by this office.
ZLNG
t4 <t ....APR 9 9.,. 1998.. ,
Mr. Sidney Fuke
Sidney Fuke & Associates
Page 2
April 27, 1998
Should you have any questions regarding this matter, please contact Alice Kawaha or Susan
Gagorik at 961-8288.
Sincerely,
vqVA tv
VIRGINIA GOL STEIN
Planning Director
AK:pak
f:\wpwin60\alicewin\lbiect0i.agk
Enclosure
cc w/attach: vffawaii County Council
Planning Commission
West Hawaii Office
AGREEMENT
THIS AGREEMENT, made, executed, and delivered this day of
, 1998, by and between BIG ISLAND COUNTRY CLUB AND
ESTATES, a Hawaii Limited Partnership, whose mailing address is Post Office Box 1690,
Kailua-Kona, Hawaii 96745-1119 (hereinafter, "BICCE"), and the COUNTY OF HAWAII,
through its Planning Department, whose business and post office address is 25 Aupuni Street,
Hilo, Hawaii 96720 (hereinafter, the "County'),
Witnesseth:
WHEREAS, BICCE is the owner of that certain real properties situated at
Puuanahulu, North Kona, Island and County of Hawaii, Hawaii, designated by State of
Hawaii Tax Map Key Nos: (3) 7-1-05:09, 10, 22, 28-34, 39-41, 58 & 59 (hereinafter,
the "Property"), and
WHEREAS, Use Permit No. 74, Special Permit No. 93-74, and Ordinance No. 94-
78 (hereinafter called the "Permits") were issued for the development of a 27-hole private
golf course and related facilities, as well as a 100-lot residential-agricultural subdivision on
the Property, and
WHEREAS, these Permits required the performance of certain activities prior to the
opening of the golf course, and BICCE, as owners and developers of the subject properties
and/or its successors or assigns, are responsible to fulfill all conditions of approval of the
Permits,
1
WHEREAS, BICCE is desirous of opening up the golf course immediately and
deferring some of these conditions until issuance of the certificate of occupancy for the
permanent clubhouse or no later than the December 31, 1998, whichever is sooner, and
WHEREAS, the BICCE has requested and the County, through its Planning Director,
has agreed to this extension as contained in the Planning Director's letter to BICCE's
consultant, Sidney Fuke, dated December 9, 1997, and attached hereto as Exhibit "A"; and
WHEREAS, BICCE and the County wish to memorialize this commitment by this
Agreement;
NOW, THEREFORE, IT IS HEREBY AGREED, by and between BICCE and the
County hereto as follows:
1. the County consents to the interim opening of the golf course and the deferral
of pertinent conditions of the Permits subject to the terms outlined in Exhibit "A% and
2. BICCE consents to the terms of this deferral as outlined in Exhibit "A".
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed the day and year first above written.
BIG ISLAND COUNTRY CLUB & ESTATES COUNTY OF HAWAII
A Hawaii Limited Partnership
By: By:
NORIKO SAIGA VIRGINIA GOLDSTEIN
Its President Its Planning Director
Date: Date:
2
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this _ day of , 1998, before me personally appeared NORIKO SAIGA,
known to me the person described in and who executed the foregoing instrument, and
acknowledged that he executed the same, by signing, and delivering the same.
Notary Public
Third Judicial Circuit
State of Hawaii
My Commission Expires:
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of , 1998, before me personally appeared VIRGINIA
GOLDSTEIN, known to me the person described in and who executed the foregoing
instrument, and acknowledged that she executed the same, by signing, and delivering the
same.
Notary Public
Third Judicial Circuit
State of Hawaii
My Commission Expires:
bimagr
3
4oJ~`Y Gi N,i~
1lp Virginia Goldstein
Stephen K. Yamashita Di,<ao.
Mayo` R11S5e11_Kokiibul
•r~T D<puty Di.<utor
< or M~
Couldv o httfuttiz
PLANNING DEPARTMENT
Z5 Aupuni Street, Room 109 ° Hilo, Hawaii 96720-4252
December 9, 1997 (808) 961-8288 ° Fax (808) 961-9615
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, Hawaii 96720
Dear Mr. Fuke:
Big Island Country Club & Estates - Impact Fee Requirement
Use Permit No. 74
This is to acknowledge receipt of your November 17. 1997 request regarding the subject
matter. After careful review of the subject permits and conditions, we find them reasonable
and consistent with regard to the amount of work completed thus far and for the completion of
the project. As such, we hereby approve the following amended conditions:
1. Amendment to Condition No. 4 of Use Permit No. 74.
This relates to the provision of $3 million over a period of years. You are requesting
the following schedule:
a. The first million dollars of obligation is proposed to be satisfied through the
provision of the community park and improvements thereon. The estimated
cost breakdown of this project is:
1) 5 acres of land (5 x $125,000/acre) $ 625,000
2) Site work 100,000
3) Community Facility 250,000
4) Roadway Improvements 200,000
5) Water and Electrical System 50,000
Total $1,225,000
b. This would be completed prior to the issuance of the certificate of occupancy
for the permanent clubhouse (which is presently under construction) or no later
than December 31, 1998, whichever is sooner.
EXHIBIT A
Mr. Sidney Fuke
Page 2
December 9, 1997
C. The applicant would be allowed to have a partial or "soft" opening of the golf
course beginning January 1, 1998.
d. The remaining $2 million would be paid out of escrow, in conjunction with the
sale of each lot. Based on 100 lots, this would approximate $20,000 per lot. In
either case, all of the required sum would be due and payable to the County of
Hawaii before December 31, 2001, or approximately a maximum five (5) year
period.
2. Conditions 2 to 5, Special Permit No. 93-24:
These conditions relate to the completion of the expanded clubhouse facility,
community recreation facility, and volunteer fire station prior to the opening of the golf
course. Pursuant to Condition No. 11 of Special Permit No. 93-24, you are hereby
granted a 1 year extension until December 31, 1998 to implement said requirements.
3. Conditions L, M, & N or Ordinance No. 94-78:
These conditions relate to the impact fee requirement of the 1-acre subdivision. We
find that your request to have the park and fire aspects of this requirement credited
from your obligations in Special Permit No. 93-24 is acceptable.
You have also requested that the excess of the fair share requirement be credited to
your other obligations. In this case, it would be to your road, solid waste, and police
obligations. We hereby deemed them to be reasonable, as the amount committed to the
park and fire obligations exceed these requirements.
Further, pursuant to Condition V, the required improvements must be complied with
prior to December 31, 1998 or the opening of the permanent clubhouse, whichever
occurs sooner.
Based on the foregoing, please be informed that we find the proposal acceptable. If you find it
equally acceptable, please inform us in writing as soon as possible. We can then proceed to
prepare the necessary agreement to formalize the above understandings.
Mr. Sidney Fuke
Page 3
December 9, 1997
Should you have any questions, please feel welcome to contact our office.
Sincerely,
V V
IRG INIA G L STEIN
Planning Direc
RHY:rld
a:/71005009/f ike.ltr
xc: Mayors Office
West Hawaii Office