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HomeMy WebLinkAboutCOM 0670.000 1994-1996 ..oJNiv os Mew'.,. William G.Davis � 1.e���; Managing Director Stephen K.Yamashiro ' + j It• c• Mayor - '*°'- Henry Cho Deputy Managing Director E OF• r. • (taunt IIf p.a funii 25 Aupuni Street,Room 215 • Hilo,Hawaii 96720-4252 • (808)961-8211 • Fax(808)961-6553 KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740 (808)329-5226 • Fax(808)326-5663 August 23, 1995 Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Bonk-Abramson and Members: Change of Zone Ordinance No. 92-36 (REZ 709) Applicant: Hualalai Properties, Inc. Request: Amend Condition E (Commence Construction) Tax Map Key: 7-5-10:Portion of 13 and 7-5-23:63 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced matter. Sincerely, ephen K. 'M f ama iro Mayor AK:syw LHuala01.MAY Enclosures cc: Planning Commission REZ 709 sin /37 1:.,-a. N �2 1 �a,2 2 ; 1995 --N.V OF H., ' `�•.�� jai;;:''. Stephen K.Yamashiro n- ,i�`� Mayor •,*'R��. Js... :* • Iuuxifr ul �, fixxtt PLANNING COMMISSION 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 Fax(808)961-9615 August 23, 1995 Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Bonk-Abramson and Members: Change of Zone Ordinance No. 92-36 (REZ 709) Applicant: Hualalai Properties, Inc. Request: Amend Condition E (Commence Construction) Tax Map Key: 7-5-10:Portion of 13 and 7-5-23:63 The Planning Commission, after a duly held public hearing on August 9, 1995, voted to recommend for your approval the proposed legislative bill for an amendment to Condition E (extension of time to commence construction) of Change of Zone Ordinance No. 92-36, which reclassified lands from Unplanned (U) to Multiple Family Residential (RM-2.5) and from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) at Hienaloli 4th and 5th, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The inability of the applicant to comply with the requirements of Condition E of Change of Zone Ordinance No. 92-36 are a result of conditions which could not have been foreseen or are beyond the control of the applicant. The applicant secured all of the necessary approvals for construction and was granted an initial administrative time extension until June 2, 1995, for commencement of construction of the subject development. During this time,the applicant was awaiting response to its bid proposal for construction of the County's West Hawaii Office facility within the Village Commercial zoned portion of the project site. The County selected another developer and site in RFP No. 1500 for that project on or about March of 1995. The applicant's Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 2 participation in this exercise took up more than one year of its time to start construction. However, the applicant is currently pursuing another tenant whose requirements will be substantial. In light of this potential large scale tenant, whose requirements which may affect the entire project, additional time is necessary in order to complete negotiations. Approval of this amendment request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. The applicant has completed and received Final Plan Approval on the construction plans for the subject development. The applicant still intends to complete the project as represented. For your favorable consideration, an amendment to Section 25-87, the North Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, . Wilton K. Wong, Chairman Planning Commission AK:syw LHuala02.PC Enclosures cc: Honorable Stephen K. Yamashiro, Mayor Planning Director Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply West Hawaii Office 4 COUNTY OF HAWAII STATE OF HAWAII 137 BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-89 (KAILUA URBAN ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, ORDINANCE NO. 92-36 , WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-2 . 5) AND FROM DOUBLE FAMILY RESIDENTIAL (RD-3 . 75) TO VILLAGE COMMERCIAL (CV-7 . 5) AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-5-10 : 13 AND 7-5-23 : 63 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Ordinance No . 92-36 is amended as follows : "SECTION 2 . This change in district classification is conditioned upon the following : A. The applicant , its successors or assigns be responsible for complying with all of the stated conditions of approval . B . The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. C. Consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of approval of the Change of Zone request . Plans for Final Plan Approval shall not be processed until consolidation approval has been secured . D. Final Plan Approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties . Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval . To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured . E. Construction shall commence within [one] five(5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter . F. A detailed archaeological mitigation plan shall be prepared and submitted for approval by the Planning Department , in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan. -2- 4 t G . Should any unidentified sites or remains such as artifacts , shell , bone, or charcoal deposits , human burials , rock or coral alignments , paving , or walks be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified . Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. H. The applicant shall install all recommended road improvements as required by the Department of Public Works , including a left turn lane, acceleration and deceleration lanes , curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development . Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments . I . Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area are required ( i . e . roadways , parks , police, fire, etc . ) , the applicant and its successors or assigns shall pay or contribute its -3- pro rata share of such additional improvements . Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized . Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees . J. The applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department , in consultation with the Department of Education, prior to Final Plan Approval of the residential project . The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development . K. To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii , which shall be used for park purposes . The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6 , 8-7 , and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to -4- 4 • • the Department of Parks and Recreation and the Planning Department . If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation . Further , a park maintenance and operational plan shall be submitted for review and approval by the Planning Department , in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development . L . 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 plan approval of any portion of the residential zoned area; provided -5- 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 further 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. M. Comply with all applicable laws , requirements , rules , and regulations including those of the Fire Department, Department of Health, and the Department of Land and Natural Resources . N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with . 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 . O . 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 may, at -6- A r ti J the developer ' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances : ( 1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant , successors or assigns, and that are not the result of their fault or negligence . (2) Granting of the time extension would not be contrary to the general plan or zoning code . (3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone . (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i . e . , a condition to be performed within one year may be extended for up to one additional year) ; and (5) Should the applicant require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. -7- Q. 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 2 . Material to be deleted is bracketed. New material is underscored . SECTION 3 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 4 . This ordinance shall take effect upon its approval . INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading : Date of 2nd Reading : Effective Date : REF. : C-670 APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE : -8- • y 1:017:11- •/ / - ... 11 U 4 L * M N O Co (u) i . 1. : . 1 is/ a fil"). _ lilt 7 .17 RP.,-- ''.‘`'' ...N ... .. -/ • Ic r Et -s� _ -'P � RM ~ �o� aiX. • N N • - / ._ tiliftk—szr.zwy. eu) 0 87. Belo, KS.to i . 7 11 �o 1 2504.721 9 Mai=k , ,v-•140:0; • 1�QPs-a4' 5•��® If I��j�j /i 111 RO-!.7! 0�I�-�.1.0. O MItC>-sL 1- . -t►.7= ��i4 iii UNPLANNQD (U) Te.,„�� MULTIPL.. rAM1L.Y MO : �i��.�,i y0 R.IZl1DtNT1AL- (RNI-2.g) •viii ATSttA a.-2. .4 AC' 9 ALA0•IOU 1'1T. �����i� q O / / ad Q Pr�rscst_ z solo 111„ ' GV•7..t ,,4• Are DOUSL� 1sI,N11L7' /. v its RQatOSNT1.L (RD-l.7ti) To s RM 1 VILL 5 QOMMaRCtAL (CY-7.a) "V.2°. ARVA a '2.117 ACI!!a ,07e.o.} d K�LAAI 7 • Q,IZt.lt a © , I'i,RC>=L a / Rr.n-z / :Ile / ill." DOUaLa P/►MIL7' �� cv,7ttr ^-1• RttaIONNTIAL (RO-11.75) Ta / " / VILLAta COMmorecLgL (cv-7.G) ev- !/ ARaA s 7 SOB !a.1rT. / +?•^L^,4: D. KLIAKINI HIGHWAY stew.u401./— 11� ` merrily I CeeRO/WATit! rim sfRRIC Car V-.7f V-.712 . O McRttvt/n1r) . V .7s v .7s e RM-1 .�t 4.*%./ /' 1 v fkiii / . / ii 715 • 11154-1 v-z v-� , AMENDMENT TO THE ZONING CODE AMENDINe SECTION 2S-137 (NORTH ? ONA ZONE )vlAF) AND SECTION 2S-BID (KAILUA URBAN ?ONE MAT") ARTICLE 3, CHAPTER 2S (ZONING CODE) OF THE HAWAII COUNTY CODE' L97' CHANSING THE DISTRICT CLASSIFICATION FROM UNPLANNCD (U) TO MULTIPLE FAM1L7' RESIDLNTiAL (RM-2.5) AND FROM DOUBLE.. FAM)L ' RESIDENTIAL (1‘1:7-3.79) TO VILLAGE COMMERCIAL. (CV-7.3) AT HICNALOLI 4TH AND 5TH, NORTH KONA; MAWAI1- Plee.Ar D /7' : PLANNING •EPARTMQrlT' courrry or HAWAII 'TM o 7-9-10 = IS ANO 7 pj- ?.-OS SOP f 9, I9°. I . N EXHIBIT "A" IHuAL_ALAI PROptsRT199, INC.) 4 r {n % I3HUALAOI RHY 07-26-95 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HUALALAI PROPERTIES, INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92-36 (REZ 599) HUALALAI PROPERTIES, INC. is requesting an amendment to Condition E (extension of time to commence construction) of Change of Zone Ordinance No. 92-36, which reclassified lands from Unplanned (U) to Multiple Family Residential (RM-2.5) and from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) at Hienaloli 4th and 5th, North Kona TMK: 7-5-10: Portion of 13 and 7-5-23: 63. CHRONOLOGY 1. April 24, 1992 - Effective date of Change of Zone Ordinance No. 92-36. 2. October 28, 1992 - Consolidation approval secured from the Planning Department for the subject parcels (Consolidation No. 786). 3. June 2, 1993 - Final Plan Approval secured for the commercial and multiple family residential project. 4. July 11, 1994 - Administrative time extension granted until June 2, 1995 by Planning Director pursuant to Condition P (commence construction) of Change of Zone Ordinance No. 92-36. 5. May 10, 1995 - Request to amend Condition E of Change of Zone Ordinance No. 92-36 received from applicant. Att. to C-670 Re : Bill 137 a , • APPLICANT'S REQUEST 6. Request - The applicant is requesting an amendment to Condition E of Change of Zone Ordinance No. 92-36, which states: " E. construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter." 7. Reasons - The applicant states in part that "...The applicant has received its final construction bids and secured the necessary utility and infrastructure easements for the project. The applicant was unable to commence construction as they were waiting for a response to a bid proposal (County of Hawaii's Request for Proposal No. 1500) for construction of a County Kona office facility. The applicant had proposed that this facility be located within the commercial complex of this project. In March of 1995, the County selected another developer, and the time the applicant was involved in this process delayed the commencement of construction of the subject development. A new tenant is being secured, whose requirements may affect the entire project. To date, the applicant has made substantial progress relative to the preparation of construction plans and compliance with the conditions of the Change of Zone Ordinance No. 92-36. 8. Submittals -In support of the request, the applicant has submitted the following: (See letter of request and letter providing progress report, both dated May 9, 1995) AGENCIES - COMMENTS 9. State Department of Transportation: "Thank You for your transmittal of May 31, 1995. 2 0 A The subject request is not anticipated to have a significant impact on our State transportation facilities. We appreciate the opportunity to provide comments." 10. Department of Land and Natural Resources: "We are responding to your memorandum, dated 5/31/95 regarding the subject matter. The proposed request will have no significant or detrimental effect or impact to any surrounding State-owned lands and programs. Thank you for allowing us the opportunity to review this matter. Should your Planning Department staff have any questions, they may contact Mr. Steve Lau of our Land Management Division staff at (1-808) 587-0414 on O'ahu." 11. Department of Water Supply: "We have reviewed the subject request and have no objections. Please be informed that the subject property has a water commitment in effect for 44 additional units in the proposed 66-unit development that will expire on September 30, 1995." AGENCIES - NO COMMENTS OR OBJECTIONS 12. Department of Public Works, Parks and Recreation, Police, Fire, Tax Office, Office of Housing and Community Development, Kailua Village Design Commission, and Department of Health. 3 r COUNTY OF HAWAII. STATE OF HAWAII BILL NO. s__ o __ • ( Drag ORDINANCE NO. 92 36 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-89 (KAILUA URBAN ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AND FROM DOUBLE FAMILY RESIDENTIAL (RD-3 . 75) TO VILLAGE COMMERCIAL (CV-7. 5) AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-10 : 13 AND 7-5-23 : 63 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Section 25-87, 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 Hienaloli 4th, North Kona, Hawaii , shall be Multiple Family Residential (RM-2. 5) : PARCEL 1: Beginning at the Southwesterly corner of this parcel of land, being also a point on the Northerly boundary of Lot 375 of Aloha Kona Subdivision (File Plan 871) , the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN) " being 1, 994 . 79 feet South and 2, 639 .34 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7) courses following along the remainder of Royal Patents 1600 and 1930 , Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions : 1. 160° 09 ' 30 .23 feet to a point ; • A • 4 2 . 172° 05 ' 19 . 70 feet to a point; 3 . 164° 48 ' 25 . 00 feet to a point; • 4 . 156° 40 ' 58 . 10 feet to a point; 5 . 141° 07 ' 50 .20 feet to a point; 6 . 146° 49 ' 35 . 90 feet to a point; 7. 172° 31 ' 42. 02 feet to a point; 8 . 257° 55 ' 2. 01 feet along stonewall and along Royal Patent 7904 , Land Commission Award 4226 to Kuae to the Westerly face of the Great Wall of Kuakini to a point; 9 . 165° 21 ' 3 . 56 feet along the Westerly face of the Great Wall of Kuakini and along Royal Patent 7904 , Land Commission Award 4226 to Kuae to a point; 10 . 255° 01 ' 6. 75 feet along stonewall and along Land Commission Award 7716, Apana 5 to R. Keelikolani to a P-K nail (set) ; Thence, for the next eleven (11) courses following along middle , of stonewall and along Land Commission Award 7716, Apana 5 to R. Keelikolani : 11. 253° 02 ' 52. 75 feet to a point: 12 . 255° 45 ' 26. 74 feet to a point; 13 . 252° 18 ' 53 . 90 feet to a point; 14 . 248° 40 ' 47. 84 feet to a 1/2 inch (set) ; pipe 15 . 252° 34 ' 29 . 17 feet to a point; 16 . 254° 24 ' 27 . 83 feet to a point; -2- r► • fe 17 . 257° 51 ' 30 . 78 feet to a point; 18 . 250° 40 ' 34 . 62 feet to a point; • 19 . 252° 11 ' 41. 36 feet to a point; 20 . 250° 29 ' 46 . 03 feet to a point; 21. 254° 59 ' 20" 56 .41 feet to a 1/2 inch pipe (found) ; Thence, for the next four (4) courses following along Parcel 17 of the Keopu Channel Improvement (Government Land - County of Hawaii) : 22. 317° 24 ' 30" 73 . 03 feet to a 1/2 inch pipe (found) ; Thence, following on a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being: 23 . 305° 09 ' 30" 63 . 65 feet to a 1/2 inch (found) ; pipe 24 . 292° 54 ' 30" 197. 59 feet to a point; 25 . 342° 48 ' 16. 26 feet to a point; 26 . 72° 48 ' 642. 08 feet along Lots 361, 362, 363 , 364 , 365, 371, 372, 373 , 374 and 375 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-B, Part 3 to Peke to a point; 27. 80° 52 ' 10 .37 feet along Lot 375 of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-B, Part 3 to Peke to the point of beginning and containing an area of 3 .224 Acres. (Refer to Parcel 1 as shown on Exhibit "A") . SECTION 2. Section 25-89 , Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the -3- 4 district classification of properties described hereinafter as follows : The district classification of the following area situated at Hienaloli 4th, North Kona, Hawaii, shall be Village Commercial (CV-7.5) : PARCEL 2: Beginning at a 1/2 inch pipe (found) at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 378-B of Aloha Kona Subdivision and being a point on the Northeasterly side of Hualalai Road, the coordinates of said point of referred to Government Survey TriangulatiionStationinning • "KAILUA (NORTH MERIDIAN) " being 2, 078. 04 feet South and 2, 121.51 feet East and running py azimuths measured clockwise from True South: 1. 153° 01 ' 02" 82. 14 feet along the Northeasterly side of Hualalai Road to a point; 2 . 239° 05 ' 450.27 feet along fenceline and along Land Commission Award 7716, Apana 5 to R. Keelikolani to the middle of stonewall to a point; 3 . 257° 55 ' 71.20 feet along stonewall and along Royal Patent 7904 , Land Commission Award 4226 to Kuae to a point; Thence, for the next seven (7) courses following along the remainder of Royal Patents 1600 and 1930 , Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners to Foreign Missions : 4 . 352° 31 ' 42. 02 feet to a point; 5 . 326° 49 ' 35 . 90 feet to a point; 6 . 321° 07 ' 50 .20 feet to a point; • 7 . 336° 40 ' 58 . 10 feet to a point; -4- I 8 . 344° 48 ' 25 . 00 feet to a point; 9 . 352° 05 ' 19 . 70 feet to a point; • 10 . 340° 09 ' 30 . 23 feet to a point : 11. 80° 52 ' 524 . 48 feet along Lots 375 , 376 , 377, and 378-B of Aloha Kona Subdivision (File Plan 871) and along Land Commission Award 8524-B, Part 3 to Peke to the point of beginning and containing an area of 2. 117 Acres . (Refer to Parcel 2 as shown on Exhibit "A") . The district classification of the following area situated at Hienaloli 5th, North Kona, Hawaii, shall be Village Commercial (CV-7.5) : PARCEL 3 : Beginning at the Southeasterly corner of this parcel of land, being also the Southwesterly corner of Lot 376 of Aloha Kona Subdivision (File Plan 871) and being a point on the Northerly side of Hualalai Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN) " being 2, 116.55 feet South and 2, 606 . 10 feet East and running by azimuths measured clockwise from True South: • 1. 72° 01 ' 25 . 00 feet along the Northerly side of Hualalai Road to a point; Thence, for the next three (3) courses following along Lot 378-B of Aloha Kona Subdivision and along the remainder of Land Commission Award 8524-B, Part 3 to Peke: 2. 162° 01 ' 11. 86 feet to a point; 3 . 88° 20 ' 56 . 00 feet to a point; 4 . 170° 52 ' 99 . 80 feet to a point; -5- • 5 . 260' 52 ' 64 . 16 feet along Royal Patents 1600 and 1930, Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point: 6 . 342° 01 ' 116.32 feet along Lot 376 of Aloha Kona Subdivision (File Plan 871) and along the remainder of Land Commission Award 8524-B, Part 3 to Peke to the point of beginning and containing an area of 7,808 Square Feet. (Refer • to Parcel 3 as shown on Exhibit "A") , All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 3 . These changes in district classification are conditioned upon the following: (A) the applicant, its successors or as=,igns be responsible for complying with all of the stated conditions of approval; (B) the required water - comm? tment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (C) consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of approval of the Change of Zone request. Plans for Final Plan Approval shall not be processed until consolidation approval has been secured; (D) final Plan Approval shall be secured from the -6- A `r Planning Department within one year from the effective date of approval of the consolidation approval of the subject properties . Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval . To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured; (E) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter; (F) a detailed archaeological mitigation plan shall be prepared and submitted for approval pproval by the Planning Department, in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan; (G) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, 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; (H) the applicant shall install all recommended road improvements as required by the Department of Public Works, including a left -7- • 0 I turn lane, acceleration and deceleration lanes, curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments; (I) Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area are required (i .e. roadways, parks, police, fire, etc. ) , the applicant and its successors or assigns shall pay or contribute its pro rata share of such additional improvements . Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees; (J) the applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department, in consultation with the Department of Education, prior to Final Plan Approval of the residential project. The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development; (K) to ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the -8- t , fr applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii, which shall be used for park purposes . The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to the Department of Parks and Recreation and the Planning Department. If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development; (L) 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 plan approval of -9- • any portion of the residential zoned area; 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 further 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; (M) comply with all applicable laws, requirements, rules and regulations including those of the Fire Department, Department of Health, • and the Department of Land and Natural Resources; (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance.The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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; (0) 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 may, at the developer ' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and, (P) an initial extension of time for the performance of conditions within the ordinance may be -10- • granted by the Planning Director upon the following circumstances : 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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 change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i .e. , a condition to be performed within one year may be extended for up to one additional year) ; and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. 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. -11- • a J • SECTION 4 . In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5 . This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL no ':ER, C,4 TY OF HAWAII Hilo, Hawaii Date of Introduction: February 5 , 1992 Date of 1st Reading: February 5 , 1992 Date of 2nd Reading: April 15 , 1992 Effective Date: April 24 , 1992 APPROVED AS TO FORM AND LEGALITY: C/444441----; DATE -12- • / ti 4t1a / / 4.- �, S u '•r r• �. A r.. II r� 71 do i&, : rl moo.o itliatf; at.u �. � If' / ,r4•Sp,,,,,,ntjrig • / ,,i, spy . fjw,910tOZer:427 , ft.. .st- MI 0 - RC*-� •�• ' Otelp O / ` I j4 .��������� UNrL t4P.4 D (t1) -r • 00:1 E 4 tvtttLTt1•1•1_ts r�1..trL_y t.,.+ '.�,�.�;� I) Rsl3toaNT7AL (J r'-r-2.g� air • "Mho ..,. u ow Q t'A rrcar L // •♦ cv-7s . ��. nyo aousL� >`/ftMiLy lon „ • re . RQ1a•tastvTt/,L (Rt7-!7 L Tb VtLLAQQ CdM rot iRC1AL CCY-7_iz 2,o7d_o.p's "ft . ._1r7 /►CR!• Tc/►LAfVA •� I ',1�1.l1 fa / 'cp.,-"2. / V '_21 00U01.-111 f'S�►rrrtLy ow c/T1 ^-1i Rss1aQNTtAL (Ra-a��) To i eV- VTLLAt. cofvtM!<rtC1AL (CV-7 c) /,1"em^ = 7 noes Mei. 11T. / 7 KUAKtNI HIGH WAy KIIIP ►urrou---- cv 7.-_ COI `/-.• B V-.7f NO"Tta r CoeritOtN^TIt3 rtMMMMRtlD To -tVttL I^ „/Wtes RUM"P.1)ri:Liai y v 77 V .77 r. 1 In /�JJ /` J / I 7D 7.11r i A.2.RM-1 v AMENDMENT TO THE ZONING CODE AMENDING (.e"CT1ON Z1-B7 (NORTH KONA ZONE 1NehAP) AND 9eCT?ON 2s-BS) (KAILUA URBAN "ZONE MAID) ARTICLE B, CHAPTER .25' (ZON/NG CODE) OF THE HAWAII COUNT."' CODE"' 87' CHANeING -7-1-te. D?45 FT tC'T CLA'55IF?CATION FROM UNPLANNCD (U) To IvIU LT/PLE FANf1L7 RES/DENT/AL (mm-a_5) AND FROM' DOUBLE- IrAtv11L' ' RED/DENTIAL (RD-3-75) TO VILLAGE COINIM ER=1AL (CV-7. 3) AT HICNALOL1 4TH AN r7 5 TH, NOR—n-t KONA; HPtI^1A11_ 1°ree r.Art D e7' : PLAtN14ITVel 27t<PArl7"MC1VT 4( Cout•-ry Or' HANtAlt• TyeK = 7-3-10 = 1.3 AfVD -7-S-'23 =tai gLF:'T_ tM, !MMI v H I B IT "A" IHU,.t-ALAI T°ROpt�RTtC�, Irvc.) I • CARLSMITH BALL W ICHMAN MURRAY CASE & ICHIIcI ATTORNEYS AT LAW HONOLULU OFFICE A PARTNERSHIP INCLUDING LAW CORPORATIONS GUAM OFFICE TELEPHONE(808)523-2500 FAX(8081 523-0842 121 WA IANUENUE AVENUE TELEPHONE(6711 x726813 FAX(671)477-4375 POST OFFICE BOX 686 LOS ANGELES OFFICE HILO, HAWAII 96 72 1-0686 SAIPAN OFFICE TELEPHONE(213)955-1200 FAX(213)623-0032 TELEPHONE(670)322-3455 FAX(670)322-3368 TELEPHONE(808) 935-6644 LONG BEACH OFFICE FAX(808(935-7975 KONA OFFICE TELEPHONE 1310)435-5631 FAX(310)437-3760 TELEPHONE(808)329-6464 FAX(808)329-9450 MEXICO CITY OFFICE MAUI OFFICE TELEPHONE(52-5)281-2428 FAX(52-5)281-2196 TELEPHONE 1808)242-4535 FAX(808)24-4-4974 WASHINGTON.D.C.OFFICE KAPOLEI OFFICE TELEPHONE(202)508-1025 May 9 , 1995 TELEPHONE(808)523-2500 FAX(202)508-1026 FAX(808)674-0850 Ref 003-4466-1 hua-ext.ltr/sal/jec Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Ord. No . 92-35 (SLU 811) Change of Zone Ordinance No . 92-36 (R 709 ) Applicant: Hualalai Properties, Inc . Tax Map Keys : (3) 7-5-10 :portion of 13 and ( 3) 7-5-23 ; 63 Dear Ms . Goldstein: Applicant Hualalai Properties, Inc . received Final Plan Approval for the above-referenced Hualalai Gardens project on June 2 , 1993 . Pursuant to Condition E of Change of Zone Ordinance No. 92-36 , the Applicant was to have commenced project construction within one year of Final Plan Approval, or no later than June 2 , 1994 . Pursuant to the Applicant's request, the Planning Department on July 11, 1994, granted the Applicant an extension of time until June 2 , 1995 , in which to commence said construction, since the Applicant was awaiting response to its bid proposal for construction of the County's Kona office facility within the Village Commercial-zoned portion of the project site. The County selected another developer and site in RFP No. 1500 for that project approximately two months ago, although no contract has been executed by the parties to this Virginia Goldstein Planning Director May 9 , 1995 Page 2 date. The Applicant's participation in this exercise took up more than one year of its time to start construction. However, the Applicant is currently pursuing another tenant whose requirements will be substantial . In light of this potential large scale tenant, and its requirements which may affect the entire project, the Applicant hereby requests an additional extension of time to finalize these discussions . Therefore, pursuant to Condition E of Change of Zone Ordinance No . 92-36, and Condition 3 of the Final Plan Approval for the project, applicant Hualalai Properties , Inc . hereby respectfully requests that it be granted an additional extension of time until June 2 , 1999 (five years from the original date to start construction in Ordinance No. 92-35 and the June 2, 1993 Final Plan Approval) to commence project construction, and submits herewith the filing fee in the amount of $100 . 00 for consideration of its extension request by the Hawaii County Planning Commission and County Council . Please do not hesitate to contact me at 935-6644 should you have any questions concerning the foregoing discussion. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL WICHMAN MURRAY CASE & ICHIKI STEVEN S . t SSCL:JEC Enclosure xc : Grant Johnston Robert Triantos, Esq. Robert West 0 J CARLSMITH BALL WICHMAN MURRAY CASE & ICHIKI ATTORNEYS AT LAW HONOLULU OFFICE A PARTNERSHIP INCLUDING LAW CORPORATIONS GUAM OFFICE TELEPHONE(808)523-2500 Ili WAIANUENUE AVENUE TELEPHONE(671)472-6813 FAX(808(523-0842 FAX(671)477-4375 POST OFFICE BOX 686 LOS ANGELES OFFICE HILO. HAWAII 96 72 1-068 6 SAIPAN OFFICE TELEPHONE(213)955-1200 FAX 1213)623-0032 TELEPHONE 16701 322-3455 FAX(670)322-3368 TELEPHONE(808)935-6644 LONG BEACH OFFICE FAX(808)935-7975 NONA OFFICE TELEPHONE(310)435-5631 FAX 13101437.3760 TELEPHONE 18081 3296464 FAX(808)329-9450 MEXICO CITY OFFICE MAUI OFFICE TELEPHONE(52-5)281-2428 FAX 152-51 281-2196 TELEPHONE(808)242-4535 FAX(808)244-4974 WASHINGTON.D.C.OFFICE KAPOLEI OFFICE TELEPHONE 1202)508-1025 May 9, 1995 TELEPHONE(808)523-2500 FAX 12021 508-1026 FAX(808)674-0850 Ref/03-4466-1 hualalai.95R Ms . Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Ord. No . 92-35 (SLU 811) Change of Zone Ordinance No. 92-36 (R 709 ) Applicant: Hualalai Properties , Inc . Tax Map Keys : ( 3) 7-5-10 :portion of 13 and (3) 7-5-23 : 63 Dear Ms . Goldstein: On April 24, 1992 , the Hawaii County Council passed Ordinance No. 92-35 , amending the State Land Use District Classification of tax map key parcel (3) 7-5-10 :portion of 13 from the Agricultural to the Urban district. On April 24, 1992 , the Hawaii County Council also passed Ordinance No . 92-36 , amending the zoning designation of tax map key parcels ( 3 ) 7-5-10 : portion of 13 and ( 3 ) 7-5-23 : 63 from Unplanned (U) to Multiple Family Residential (RM-2 .5 ) and from Double Family Residential (RD-3 . 75 ) to Village Commercial (CV-7 . 5) . In compliance with Condition N of Ordinance No . 92-36 , applicant Hualalai Properties, Inc . submits its 1995 annual report regarding the subject project and its compliance with the substantive conditions of rezoning approval, listing in order the governmental "REQUIREMENT" and Applicant's "RESPONSE" to same. • , p 4 Virginia Goldstein Planning Director May 9 , 1995 Page 2 REOUIREMENT: (B) the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. RESPONSE: On September 18 , 1992 , the Department of Water Supply acknowledged receipt from Applicant of the required water commitment payment of $6 , 600 . 00 . See, Exhibit la to Applicant 's annual report dated May 17 , 1994 (hereinafter referred to "1994 report" ) . On October 21, 1992 , the Planning Department acknowledged Applicant's compliance with the foregoing condition. ,See, Exhibit lb to 1994 report. RE UIREMENT: (C) consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of approval of the Change of Zone request. Plans for Final Plan Approval shall not be processed until consolidation approval has been secured. RESPONSE: On October 28 , 1992 , the Planning Department approved Applicant's consolidation of tax map key parcels ( 3 ) 7-5-10 : portion of 13 and ( 3) 7-5-23 : 63 and 67 . See, Exhibit 2 to 1994 report . REQUIREMENT: (D) final Plan Approval shall be secured from the Planning Department within one year from the effective date of approval of the consolidation approval of the subject properties . Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval . To assure adequate time for plan approval review and in a 4 Virginia Goldstein Planning Director May 9 , 1995 Page 3 accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. RESPONSE: On June 2 , 1993 , Planning Director Virginia Goldstein authorized Final Plan Approval for Applicant' s project. See, Exhibit 3 to 1994 report. REOUIREMENT: (E) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. RESPONSE: As noted above, applicant Hualalai Properties, Inc . obtained Final Plan Approval on June 2 , 1993 . On July 11, 1994, the Planning Director granted Applicant an extension of time until June 2 , 1995 to commence construction. See, Exhibit A attached hereto . Under separate cover, applicant Hualalai Properties , Inc. is submitting a written request of even date for an additional extension of time to begin project construction until June 2 , 1999 ( five years from the original date to start construction in Ordinance No. 92-35 and Condition 3 of the June 2 , 1993 Final Plan Approval) . Reasons for this time extension request are outlined in more detail in the aforementioned letter; however, the basic reason was the delay brought on by the Applicant's attempt to secure the contract for the County's West Hawaii Office building in RFP 1500 , which contract has not been formally executed to this date. ,See, Exhibit B attached hereto. 0 Or Virginia Goldstein Planning Director May 9 , 1995 • Page 4 REQUIREMENT: (F) a detailed archaeological mitigation plan shall be prepared and submitted for approval by the Planning Department, in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan. RESPONSE : On January 25, 1993 , the Planning Department acknowledged receipt of Applicant' s archaeological mitigation plan earlier approved by the Department of Land and Natural Resources and determined that Applicant had complied with the foregoing condition. See, Exhibit 5 to 1994 report. REQUIREMENT: (G) should any unidentified sites or remains such as artifacts , shell, bone or charcoal deposits , human burials , rock or coral alignments , paving, 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: On August 26 , 1992 , the Hawaii Island Burial Council approved Applicant 's "preservation in place" plan for a burial site located on tax map key parcel 7-5-10 : 13 . In its September 3 , 1992 follow-up letter, the Department of Land and Natural Resources (DLNR) set forth recommended site preservation measures . See, Exhibit 6a to 1994 report. On April 15, 1993 , a lava tube was uncovered during site preparation, whereupon DLNR archaeologist Marc Smith conducted a site inspection and determined that no significant • I Virginia Goldstein Planning Director May 9 , 1995 Page 5 archaeological artifacts or resources had been uncovered and no other areas required preservation-in-place . On May 21, 1993 , the DLNR approved continuation of site work on the condition that Applicant' s final data recovery report include information gathered from the newly discovered lava tube. See, Exhibit 6b to 1994 report. On December 6, 1993 , DLNR Administrator Don Hibbard inquired into the status of compliance with preservation measures outlined in his September 3 , 1992 letter. ,See, Exhibit 6c to 1994 report. On December 9 , 1993 , Applicant's architect Terry Cisco outlined compliance measures undertaken for preservation of the burial site. See, Exhibit 6d to 1994 report. On September 30 , 1994, project archaeologist William Barrera transmitted a draft Archaeological Data Recovery Report to the State Historic Preservation Division of DLNR. On January 26, 1995, State Historic Preservation Division Administrator Don Hibbard transmitted comments and recommended revisions to Mr. Barrera, which revisions are currently being incorporated into a final draft report . See, Exhibit C attached hereto. Should additional archaeological sites or remains be uncovered, Applicant will again notify the Planning Department and Department of Land and Natural Resources and cease work until agency review and clearance are obtained. REQUIREMENT: (H) the applicant shall install all recommended road improvements as required by the Department of Public Works, including a left turn lane, acceleration and deceleration lanes, curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments . s , • Virginia Goldstein Planning Director May 9 , 1995 Page 6 RESPONSE: On June 2, 1993 , the County of Hawaii issued Final Plan Approval for the subject project, with the condition that all recommended roadway improvements be installed prior to issuance of a certificate of occupancy. Applicant will abide by said condition. Bee, Exhibit 3 to 1994 report. REQUIREMENT: ( I) Prior to Final Plan Approval or Final Subdivision Approval for the project, should the County determine that additional improvements in the project area are required (i.e. roadways, parks , police, fire, etc . ) , the applicant and its successors or assigns shall pay or contribute its pro rata share of such additional improvements . Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized. Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees . RESPONSE: On November 16 , 1992, the Planning Department waived the County of Hawaii 's requirement for a pro rata share of additional improvements and determined that the foregoing condition would not be applied to Applicant ' s project . See, Exhibit 7 to 1994 report. REQUIREMENT: (J) the applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department, in consultation with the Department of Education, prior to Final Plan Approval of the residential project. The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development. t • I Virginia Goldstein Planning Director May 9 , 1995 Page 7 RESPONSE: On December 1, 1992 , the State Department of Education waived Applicant's fair-share contribution for additional school facilities . See, Exhibit 8a to 1994 report . On March 16 , 1993 , the Planning Department determined that Applicant had complied with the foregoing condition. See, Exhibit 8b to 1994 report. REQUIREMENT: (K) to ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii, which shall be used for park purposes . The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to the Department of Parks and Recreation and the Planning Department . If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to the issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department, in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development. RESPONSE: On April 22 , 1993, the Planning Department, in consultation with the Department of Parks and Recreation, authorized Applicant to make an in-lieu monetary fee payment of $101, 814 . 62 to satisfy the foregoing condition. See, Exhibit 9a to 1994 report. On March 24 , 1994 , the Planning Department agreed to payment of the aforementioned in-lieu monetary fee based on the t gip Virginia Goldstein Planning Director May 9 , 1995 Page 8 following schedule: ( 1) fifty per cent upon acceptance of these terms, and ( 2 ) fifty per cent prior to issuance of a certificate of occupancy for the first multiple family residential structure in the project. See, Exhibit 9b to 1994 report . On April 18, 1994 , the Planning Department acknowledged receipt of Applicant' s first installment of $50 , 907 . 31 as set forth above. See, Exhibit 9c to 1994 report . REQUIREMENT: (L) 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 plan approval of any portion of the residential zoned area; 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 further 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. RESPONSE: On April 7 , 1993 , the Hawaii County Housing Agency approved Resolution No. 90, wherein Applicant was authorized to make an in-lieu monetary fee payment of $75 , 200 . 00 to satisfy the foregoing condition. See, Exhibit 10a to 1994 report. On June 3, 1993 , the Planning Department acknowledged receipt of Applicant 's first fifty per cent installment of $37 , 600 . 00, noting that Applicant's second fifty per cent installment would be payable within one year from the date of • Virginia Goldstein Planning Director May 9 , 1995 Page 9 Final Plan Approval (or June 2 , 1994) . See, Exhibit 10b to 1994 report. On June 2 , 1994, Applicant submitted said second fifty per cent installment. See, Exhibit D attached hereto . On June 6, 1994, the Office of Housing and Community Development in its memorandum to the Planning Director, acknowledged receipt of the aforementioned second installment and Applicant's fulfillment of its affordable housing requirement under the subject Condition L of Change of Zone Ordinance No. 92-36 . See, Exhibit E attached hereto. REQUIREMENT: (M) comply with all applicable laws, requirements , rules and regulations including those of the Fire Department, Department of Health, and the Department of Land and Natural Resources . RESPONSE: Applicant Hualalai Properties , Inc . will comply with the foregoing condition. REOUIREMENT: (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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. RESPONSE: Applicant Hualalai Properties , Inc . submits herein its 1995 annual report . Virginia Goldstein Planning Director May 9 , 1995 Page 10 REQUIREMENT: (0) 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 may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. RESPONSE : Applicant Hualalai Properties , Inc . will abide by the applicable provisions of a Unified Impact Fees ordinance, should one be adopted by the County of Hawaii. REQUIREMENT: (P) an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances : 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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 change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e. , a condition to be performed within one year may be extended for up to one additional year) ; and 5 ) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant' s request to the County Council for appropriate action. 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. I Virginia Goldstein Planning Director May 9, 1995 Page 11 RESPONSE: As aforestated, applicant Hualalai Properties, Inc . has submitted a written request of even date to the Planning Director for an additional extension of time to commence project construction. Thank you for the opportunity to have presented this annual report on behalf of applicant, Hualalai Properties , Inc . Please feel free to contact me at 935-6644 should you have any questions concerning the foregoing discussion. Very truly yours , CARLSMITH BALL WICHMAN MURRAY CASE AND ICHIKI STEVEN S . M SSCL:JEC xc: Grant Johnston Robert Triantos, Esq. Robert West Terry Cisco ' ! irginia Goldstein Stephen K.Yamashiro • Diretror•Mayor Norman Olcsen !�� �:�•:�.�.' IJcputyDircctor T,•O 'M. 0:111XIt1-�? IIl `Tinfunii c. PLANNING DEPARTMENT 25 Aupuni Srrecr,Room 109 - Hilo,Hawaii 96720-4252 (808) 961-8288 • Fax(808)961-9615 July 11, 1994 Mr. Steven S . C . Lim, Esq. Carlsmith Ball Wichman Murray Case & Ichiki P. O. Box 686 Hilo, HI 96721-0686 Dear Mr. Lim: Applicant: Hualalai Properties, Inc. State Land Use Boundary Amendment Ordinance No. 92-35 (SLU 811 ) Request: Agricultural to Urban Change of Zone Ordinance No. 92-36 (REZ 709 ) Request: Unplanned to RM-2 .5 & RD-3 . 75 to CV-7 .5 Tax Map Key: 7-5-10 : Portion of 13 and 7-5-23 : 63 (consolidated) We are in receipt of two letters dated May 17, 1994, containing an annual progress report as required by Condition N of Ordinance No. 92-35 . Also submitted is a request for an extension of time in which to commence construction as required by Condition E. Please accept our apology for our delay in responding to your submittals . The annual progress report will be transmitted to the County Council and Planning Commission for its information. Effective April 24, 1992, the County Council approved Ordinance No. 92-35 , which changed the district classification of the affected area from an Unplanned (U) to a Multiple Family Residential (RM-2 .5 ) zoned district and from a Double Family Residential (RD-3 . 75 ) to a Village Commercial (CV-7 .5 ) zoned district subject to, in part, the following Conditions E and P : " (E) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter; ( EXHIBIT A ) 0 r Mr. Steven S. C . Lim, Esq. Page 2 July 11, 1994 " (P) an initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director . . . On June 2, 1993 , Final Plan Approval of multiple family residential dwellings containing a total of 48 units was issued. Pursuant to Condition E, construction of the multiple family dwellings should have commenced on or before June 2 , 1994 . According to your letter, all construction plans, utility easements and construction bids to allow for the commencement of construction have been secured by the applicant. However, the applicant is awaiting the County' s response to their bid proposal regarding the County' s Request for Proposal No. 1500 for the construction of the County' s Kona office facility within the Village Commercial-zoned portion of the project site. As of the date of this letter, a decision on the request for proposals have not been issued. Based on the circumstances stated above, non-performance of the conditions of approval are the result of conditions beyond the control of the applicant and are not the result of its fault or negligence. Approval of the time extension would allow the applicant additional time in which to await the County' s response on its bid proposal for the construction of the County' s Kona office complex. As mentioned, construction plans for the development of the project site have already been approved. Therefore, approval of the request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting of the change of zone. This letter is to hereby inform the applicant that an extension of time until June 2, 1995 , in which to commence construction of the proposed development is hereby granted. Should an additional extension of time be necessary, a written request, accompanied by a $100 filing fee, shall be submitted to this office for consideration by the Planning Commission and County Council. Please contact Daryn Arai or Rodney Nakano of this office should you have any questions . Sincerely, \H(PAA& " II t.04-\ VIRGATIA GilDSTEIN Planning Director DSA:mj h/LHuala02.DSA xc/ltr & report: County Council Planning Commission West Hawaii Office TMK File • CARLSmI_ BALL WICHMAN M'.LURRA�c*-6'ASE & IU±iIKI ATTORNEYS AT LAW HONOLULU OFFICE A PARTNERSHIP INCLUDING LAW CORPORATIONS GUAM OFFICE TELEPHONE(808)523-2500 121 WPIIAN U EN U E AVEN U E TELEPHONE 16711 472-6813 FAX(808)523-0842 FAX(6711477-4375 POST OFFICE BOX 686 LOS ANGELES OFFICE HILO, HAWAII 96721-0686 SAIPAN OFFICE TELEPHONE(213)955-1200 TELEPHONE 16701 322-3455 FAX(2(31 623-0032 FAX(670)322-3368 TELEPHONE(8081 935-6644 LONG BEACH OFFICE FAX(808)935-7975 KONA OFFICE TELEPHONE(3(01435-5631 TELEPHONE(808)329-6464 FAX(3101437-3760 FAX(808)329-9450 MEXICO CITY OFFICE MAUI OFFICE TELEPHONE(52-51 281-2428 TELEPHONE(808)242-4535 FAX 152-5)281-2196 FAX 18081 244-4974 WASHINGTON.O.C.OFFICE KAPOLEI OFFICE TELEPHONE(202)508-1025 May 9 , 1995 TELEPHONE 18081523-2500 FAX(2021 508-1026 FAX(808)674-0850 Ref/03-4466-1 hua-ext_ltr/net/jec Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Ord. No. 92-35 (SLU 811) Change of Zone Ordinance No . 92-36 (R 709 ) Applicant: Hualalai Properties, Inc . Tax Map Keys : (3) 7-5-10 :portion of 13 and ( 3) 7-5-23 ; 63 Dear Ms . Goldstein: Applicant Hualalai Properties , Inc . received Final Plan Approval for the above-referenced Hualalai Gardens project on June 2 , 1993 . Pursuant to Condition E of Change of Zone Ordinance No. 92-36 , the Applicant was to have commenced project construction within one year of Final Plan Approval, or no later than June 2 , 1994 . Pursuant to the Applicant' s request, the Planning Department on July 11, 1994 , granted the Applicant an extension of time until June 2 , 1995 , in which to commence said construction, since the Applicant was awaiting response to its bid proposal for construction of the County's Kona office facility within the Village Commercial-zoned portion of the project site. The County selected another developer and site in RFP No . 1500 for that project approximately two months ago, although no contract has been executed by the parties to this LEXHIBITB , Virginia Goldstein Planning Director May 9 , 1995 Page 2 date. The Applicant's participation in this exercise took up more than one year of its time to start construction. However, the Applicant is currently pursuing another tenant whose requirements will be substantial . In light of this potential large scale tenant, and its requirements which may affect the entire project, the Applicant hereby requests an additional extension of time to finalize these discussions . Therefore, pursuant to Condition E of Change of Zone Ordinance No . 92-36 , and Condition 3 of the Final Plan Approval for the project, applicant Hualalai Properties , Inc . hereby respectfully requests that it be granted an additional extension of time until June 2, 1999 ( five years from the original date to start construction in Ordinance No . 92-35 and the June 2 , 1993 Final Plan Approval) to commence project construction, and submits herewith the filing fee in the amount of $100 . 00 for consideration of its extension request by the Hawaii County Planning Commission and County Council . Please do not hesitate to contact me at 935-6644 should you have any questions concerning the foregoing discussion. Thank you for your consideration in this matter. Very truly yours , CARLSMITH BALL WICHMAN MURRAY CASE & ICHIKI STEVEN S . • SSCL:JEC Enclosure xc : Grant Johnston Robert Triantos , Esq. Robert West • ,UUNMf• 4.CAYP7AM0 OO■ MOk of MAWNt v r I ttbtAr.C.MICbt,csAmo •weld •��l •. V :1 AM V I etof%Nc!GOVAN.iAtiCUP∎Ctt •I% .I lt1 .t: istee T coLotU vW.w.k .t AOClAtuatrur OndlO 4Ddr .CowWa •e STATE OF HAWAII uAne tanour+csa DEPARTMENT OF LAND AND NATURAL RESOURCtS ro+rerrvATroa.fito dr1'1AO�y07TK AFFAIR* STATE Ht8TOgrc PRESERVATION bvcara# tOMtt N2OISTC rvcc January 26, 1995 sa soum uxan*r nr,8TH FLOOR rRCSturot�c t+rr CDN W HONOLUU,HAWAQ D88f 3 °oftrprM AVtiuxlrl *6roVc PRESZWATTON N1NITOM :ANO WMulwT • RTATt MOMS Mr. William Barrera v"'I"AN°LAND O9'*'�'T Comstock Cultural Resource Management, Inc. P.O. Box 111333 • Karnuela, Hawaii 96743-0050 LOI z NO: I2879 Dear NO: 950IPM22 ear Mr. Barrera: • SUBJECT: Draft Report. 'tHienaloli, North Kona, Hawaii Island: Archz xologicaI Data Recovery" i TMMX: 7-5-10: 13 Thank you for your letter of September 30, 1994, with one copy of the subject re)ort for our review and comments. We are sorry that-it ha$taken so longlto complete oul review. The sites you investigated are quite interesting and we arc pleased that you have sent • some time producing a report with not only a lot of data, but some interesting ideas as well. We do have a number of recommended revisions(attachment). If you disag-ee with any of these comments, please contact us and we can attempt to r�solve these poir ts. Otherwise, we will await a revised report which addresses these points. If you have any questions please contact Pat McCoy(587-0006). Sincerely, I � I l%• DON HIBBARD, Administrator State Historic Prese.-vation Division PM:Ik EXHIBIT C . 9 • r Page 9, Features. If Feature I is a non-cultural deposit why is it described as a feature? Page 9, Artifacts. The first time you use the term manuport we suggest that rots define it. We primarily have your client in mind here. • • Page 9. Before you describe the artifacts we think you need to discuss the si e • stratigraphy(currently the stratigraphy is described in several different places and it is only when you get to the conclusions for this site is there a general'overview). Li doing`this we recommend that the underlying sediment be called something other than dirt:ill if it is the case that the sediment was developed or deposited on top of bedrock. Fill w luld be a more appropriate term for the dirt within the platform. The cross-sections (Fig. 10) indicate that the sediment layer is not restricted to unit D-4 a.4 seems to he irr plied; rather, it appears that the soil and platform occupy roughly the sameispace. . Page 10. The cultural and depositional sequence you describe e for this site is .n our view open to question. First. because the underlying soil deposit a{td overlying pit tform appear to be more or less coterminous, it is perhaps more likely that 4he two are moi e intimately related. On the other hand, there is the artifactual evidence 'hick does suggest a functional change. Second, if what you call a volcanic ash is invited to a sma lI area, then it may in fact be a deliberate, rather.than a natural deposit. ' the amount c fcoral suggests that this is not a regular house site. How'you finallyi interpret this si:e may depend in large part on resolving the function of the feature yiou have called a hearth (which we have questioned). 1 I Page. 1 0, site 13673. Is layer I the material that makes up the platform and layer.if an underlying deposit predating construction of the platform? this is not clear i i your description of these two layers. 1 Page 14, site 13674, Features 3 and 4. Earlier you described1Layer III as a ciiturally sterile deposit(a natural volcanic ash deposit), but here you mention the pres*nee of features. If Layer III is indeed a natural deposit then the features must be hit usive. This contradiction needs to be resolved. Page 15, Feature 8. If there is little to suggest human agency why are these two rocks called a feature? What is your definition of a feature? 1 Page 16, Fig. 19. What excavation units are included in this view? . Page 18, Table I. The caption should note that the numberslare weights i Page 19, column 1, pares 1. If layers I and II are not habitation layers, then what do the artifacts and midden in these layers represent? 1 : I I 1 Page 20, Basaitie Glass. What is dubious about the manuports is their function, not that they are somehow less real than the basaltic glass. We suggeet that you rewc rd this passage. The four categories, as you have defined them, ere not really manufacturing stages, and the first two(nodules and cores) do not appear to be mutually exclusive. Still, it is good to see that you have made an effort to categorize these artifacts. Page 20, Discussion. If the first use of the site was as a refuse dump, then th;re is no reason to expect a neat correlation between, for example, thoi quantity of fish bonc and tae number of basaltic glass artifacts. Is this the kind of thing on:which you are 1 acing your site Function interpretation? There may not have been a fire pit in layer IV, bit you did find a nice ash deposit that, based on the profile drawings and photogra i•.s, a ppears not to be the result of haphazard dumping of ash from above and outside of cave. I.is too well bedded in our view to be the result of periodic dumping. You mentioned inu rbedded layer IV and layer III deposits on page I4, but the notation here that Layer 111 consists of interbedded natural and cultural deposits is new. If this is indeed true then it raises more questions about the mode of deposition. • Page 21, column 1, para. 2. Your idea about the ritual funs qon of the mantic orts is interesting, but why should this interpretation of these stone apply to only the period of ash fall? It seems to us that you could make a good case forritual behavior t troughout the entire site sequence, We think that the amount of adze rrianufacturingg de ritage r covered from the cave has interesting implications in this same regard. Tat remarks on page 19 regarding the significantly lowered ceiling height aft&the deposition of Layer III arc of particular interest. It seems to us that the ceiling is to low Gust over:t meter maximum) and lighting conditions too poor to think of In sits edit manuface ire at err' time. In view of these constraints on adze manufacture we think you need to consider alternative hypotheses for this material and perhaps some of the other artifacts as well. Page 21, column 3, para. 3. The midden data in our view dci not necessarily agnal the lifestyle changes you have posited, especially if the assemblages are linked.to ritual behavior. Page 22, Site 1903S,Feature B. How wide are the walls? • Page 22, Feature C. Please show the location of the test pit on Figure 24. Page 22, Feature D. Please show the?ovation of the test piton Figure 24. Page 22, Feature E. Please show the location of the test pit on Figure 24. Page 25. As a reminder, there is an obvious formatting problem in the text u ith the plus/minus factor for the radiocarbon dates. 1 .,I a so Table 2 Please include the C13/Cl2 information if you have it. We would a:so like you to include the Beta lab reporting forms in a separate appendix (these provide a:,00d check on typographical errors). Page 25, Chronology. We don't quite understand the reason for net placing more emphasis on the radiocarbon dates. The date range is wide but this isn't unu.eual. Page 25, Conclusion. Ai already noted in our comments above, the first car elusion is in our view open to question for a variety of reasons. If the ash fall was indeet a catastrophic event precipitating a major subsistence pattern change then it s}ould be evident over a much wider area. There should be, then, supporting evidence in a number of sites. If you can show that the same change occurs at the same time in a t lumber of sites in Kona then your hypothesis would have more support.) Page 23, para. 2. Are you saying that the project area did roc contain arable soils prior to the ash fall? Page 23, Footnote. This is obviously more than a footnote, o we suggest t tat you just include it as part of the conctasions. Your idea regarding th use of caves tc escape volcanic ash falls is certain) a novel one. We think that there are a couple c f difficulties Y P with your hypothesis. First, in many areas caves and lava tubes would have provided ideal refuges from such events. In other instances, such as site 131 74 where there:is a substantial deposit of ash interpreted as a primary deposit, we envision just I he opposite. It.seems to us that caves and tubes with more or less overhead openings wo iid have been avoided, that humans would have fled such places where hot lash would coll;:ct. Second, there are other possible explanations for the paucity of artifacts and middy :n "refuge caves." • • • • • I TOTRIL P.04 ( 6 V CARLSMITH BALL WICHMAN MURRAY CASE & ICHIKI ATTORNEYS AT LAW HONOLULU OFFICE A PARTNERSHIP INCLUDING LAW CORPORATIONS GUAM OFFICE TELEPHONE 1808)523-2500 TELEPHONE 18711+72 121 WAIANU ENUE AVENUE FAX 1808)523-0842 6817 FAX 1671)47 7-437 5 POST OFFICE BOX 686 LOS ANGELES OFFICE $AtPAN OFFICE HILO. HAWAII 96 72 1-068 6 TELEPHONE(213)955-1200 TELEPHONE(6701 3223455 FAX 1213)623-0032 FAX(6701 322-3368 TELEPHONE(808) 935-6644 LONG BEACH OFFICE FAX 1808)935-7975 KONA OFFICE TELEPHONE(310)435-5631 FAX 1710)437.3760 TELEPHONE(8081 329-646-4 FAX 1606)329-9450 MEXICO CITY OFFICE MAUI OFFICE TELEPHONE(52.5)281-2428 TELEPHONE(8081 242-4535 FAX(52-5)281-2196 FAX 18081 Z4.4-4974 WASHINGTON.O.C.OFFICE June 2, 1994 KAPO LEI OFFICE TELEPHONE(202)508.1025 TELEPHONE(808)523-2500 FAX(202)508-1026 FAX 18081674-0850 Via Hand_ Delivery Virginia Goldstein . Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Ord. No. 92-35 (SLU 811) Change of Zone Ordinance No. 92-36 (R 709) Applicant: Hualalai Properties , Inc. Tax Map Keys : (3) 7-5-1D :portion of 13 and (3) 7-5-23 : 63 Dear Ms . Goldstein: Pursuant to Condition L of Change of Zone Ordinance No. 92-36 and Hawaii County Housing Agency Resolution No . 95 , applicant Hualalai Properties, Inc. submits herewith its second fifty per cent installment of $37, 600 . 00 in satisfaction of its affordable housing requirement for the above-referenced project. Enclosed please find a check in the amount of $37, 600 . 00 made payable to the County of Hawaii. [ EXHIBIT D r Virginia Goldstein Planning Director June 2, 1994 Page Two Please contact me in Hilo at 935-6644 or in Kona at 329-6464 should you have any questions concerning this matter. Thank you for assistance in processing this final in-lieu fee payment. Very truly yours , CARLSMITH BALL WICHMAN MURRAY CASE AND ICHIKI alf , STEVEN S . C . SSCL:JEC Enclosure xc: Hualalai Properties, Inc . International Assets Limited • 03-4466-1 Stephen K. Yamashiro :.�:�! Mar yo - ...-w •"r.o..;;. •II11rtfV IIf �.9�Tirraii OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo,Hawaii 96720-2484 V/TT(808)961-8379 • Fax(808)935-4725 June 6 , 1994 MEMORANDUM TO: Virginia Goldstein Planning Director ATTN: Darren Arai FROM: / • Edwin S . Taira Assistant Housing Administrator SUBJECT: Affordable Housing Requirement Hualalai Properties TMK: 3/7-5-10 : 13 (:Por. ) and 3/7-5-23 : 63 Ordinance No . 92-36 , effective April 24 , 1992 , rezoned the aforementioned tax map keys from Unplanned (U) to Multiple Family Residential (RM-2 . 5) and from Double Family Residential (RD-3 . 75) to Village Commercial (CV-7 . 5) at Hienaloli, North Kona, Hawaii . This ordinance also included a ten percent housing requirement . Hualalai Properties has delivered an in-lieu payment to the County of Hawaii in the amount of $37, 600 . 00 to the Office of Housing and Community Development by way of the County Planning Department . This payment represents the second fifty per cent installment and fulfillment of its affordable housing requirement stated in the Change of Zone ordinance No . 92-36 , Condition L. These funds have been designated for the down payment program for the Pualani Estates project . Please call me at X8379 if you have any questions or need more information. Thank you . xc : Steven S . C. Lim, Esquire f0^ ■ tar EQUAL HOUSING OPPORTUNITY AN EOUAL OPPORTUNITY EMP,.OYF.R- EXHIBIT E f • CARLSMITH BALL WICHMAN MURRAY CASE & ICHIKI ATTORNEYS AT LAW HONOLULU OFFICE A PARTNERSHIP INCLUDING LAW CORPORATIONS GUAM OFFICE TELEPHONE(808)523-2500 121 WAI ANUENUE AVENUE TELEPHONE(671)472-6813 FAX(808)523-0842 FAX(671)477-4375 POST OFFICE BOX 686 LOS ANGELES OFFICE HI LO, HAWAII 96721-0686 SAIPAN OFFICE TELEPHONE(213)955-1200 TELEPHONE(670)322-3455 FAX(213)623-0032 FAX(670)322-3368 TELEPHONE(808)935-6644 LONG BEACH OFFICE FAX(808)935-7975 KONA OFFICE TELEPHONE(310)435-5631 TELEPHONE(808)329-6464 FAX(310)437-3760 FAX(808)329-9450 MEXICO CITY OFFICE MAUI OFFICE TELEPHONE(52-5)281-2428 TELEPHONE(808)242-4535 FAX(52-5)281-2196 FAX(808)244-4974 WASHINGTON.D.C.OFFICE KAPOLEI OFFICE TELEPHONE(202)508-1025 May 9, 1995 TELEPHONE(808)523-2500 FAX(202)508-1026 FAX 1808)674-0850 Ref003-4466-1 hua-ext.ltr/ss1/jec Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Ord. No. 92-35 (SLU 811) Change of Zone Ordinance No. 92-36 (R 709) Applicant: Hualalai Properties, Inc . Tax Map Keys : ( 3) 7-5-10:portion of 13 and ( 3) 7-5-23:63 Dear Ms . Goldstein: Applicant Hualalai Properties, Inc. received Final Plan Approval for the above-referenced Hualalai Gardens project on June 2, 1993 . Pursuant to Condition E of Change of Zone Ordinance No. 92-36, the Applicant was to have commenced project construction within one year of Final Plan Approval, or no later than June 2, 1994 . Pursuant to the Applicant's request, the Planning Department on July 11, 1994, granted the Applicant an extension of time until June 2, 1995, in which to commence said construction, since the Applicant was awaiting response to its bid proposal for construction of the County's Kona office facility within the Village Commercial-zoned portion of the project site. The County selected another developer and site in RFP No. 1500 for that project approximately two months ago, although no contract has been executed by the parties to this . s . S Virginia Goldstein Planning Director May 9, 1995 Page 2 date. The Applicant's participation in this exercise took up more than one year of its time to start construction. However, the Applicant is currently pursuing another tenant whose requirements will be substantial. In light of this potential large scale tenant, and its requirements which may affect the entire project, the Applicant hereby requests an additional extension of time to finalize these discussions . Therefore, pursuant to Condition E of Change of Zone Ordinance No. 92-36, and Condition 3 of the Final Plan Approval for the project, applicant Hualalai Properties, Inc . hereby respectfully requests that it be granted an additional extension of time until June 2, 1999 ( five years from the original date to start construction in Ordinance No. 92-35 and the June 2, 1993 Final Plan Approval) to commence project construction, and submits herewith the filing fee in the amount of $100 . 00 for consideration of its extension request by the Hawaii County Planning Commission and County Council. Please do not hesitate to contact me at 935-6644 should you have any questions concerning the foregoing discussion. Thank you for your consideration in this matter. Very truly yours, CARLSMITH BALL WICHMAN MURRAY CASE & ICHIKI STEVEN S. SSCL:JEC Enclosure xc: Grant Johnston Robert Triantos, Esq. Robert West 1P ‘tiiar•n►' ( --- =_______ OFFICE OF THE COUNTY CLERK t HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 September 20, 1995 z Refer. Bill 137 (C-670) To: Mayor Ordinance Bill Amending Ordinance ' 92-36 which reclassified Re: Lands from Unplanned to Multiple Family Residential and and from Double Family Residential to Village Commercial TMK: 7-5-10 : 13 & 7-5-23 : 63 (North Kona) Applicant : Hualalai Properties , Inc. The following is the action of the Hawaii County Council adopted at its meeting held today • Bill 137 -passed 1st reading and PC Report No. 75 - was approved and adopted . /11/644‘a"---- COUNTY CLERK Att . cc : Planning Director Planning Commission 670' onzm.NO- K file No. SEP 2 0 1995 ,_ ')r;A - f , 1 REPORT OF THE COMMITTEE ON PLANNING DATE: September 5, 1995 Re: C-670 PLACE: Kona Surf Hotel-King Kamehameha Ballroom TIME: 10:05 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning to which was referred Bill No. 137 regarding the amendment to Condition E of Ordinance No. 92-36 by Hualalai Properties, Inc. , reports as follows: Bill No. 137 amends Section 25-87 (North Kona Zone Map) and Section 25-89 (Kailua Urban Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, Ordinance No. 92-36 which reclassified approximately 5.53 acres of land from Unplanned (U) to Multiple Family Residential (RM-2.5) and from Double Family Residential (RD-3.75) to Village Commercial (CV-7.5) at Hienaloli 4th and 5th, North Kona, Hawaii, TMK: 7-5-10:13 and 7-5-23:63. The subject properties are situated along the north side of Hualalai Road within the Kailua Village Special District where the applicant consolidated a total of 6.562 acres for commercial and residential development. The applicant has received its final construction bids and secured the necessary utility and infrastructure easements for the project. The applicant was unable to commence construction as they waited for a response to a bid proposal (County of Hawaii's Request for Proposal No. 1500) which proposed the construction of a County Kona office facility to be located within the project site. However, in March of 1995, the County selected another developer and the applicant is in the process of securing a new tenant whose requirements may affect the entire project. Additional time is necessary in order to complete negotiations. The Planning Commission concurs with the following Planning Director's reasons for recommending a favorable consideration of the request: (1) The approval of this amendment would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone; (2) The inability of the applicant to comply with the requirements of condition E of Change of Zone Ordinance No. 92-36 are a result of conditions which could not have been foreseen or are beyond the control of the applicant. There was no discussion. For further information see PC Report No. 270. PC REPORT NO: 7 5 .f • • PC- 7 5 Page 2 September 5, 1995 Your Committee on Planning is in accord with the intent and purpose of Bill No. 137 and recommends that it pass first reading. CES Respectfully submitted AYES NOES A&E EX COMMITTEE ON P NNING DOMINGO X DELIMA X ARAKAKI X TAKASHI DO GO, C SMITH X CHILDS X PC REPORT NO. 7 5 RATH X ADOPTED: '5 BONK-ABRAMSON E.O.NI. X • • COUNTY OF HAWAII„ - d STATE OF HAWAII 137 BILL NO. ORDINANCE NO. 95 118 AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND SECTION 25-89 (KAILUA URBAN ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZCNING CODE) OF THE HAWAII COUNTY CODE, ORDINANCE NO. 92-36 , WhICH RECLASSIFIED LANDS FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-2 . 5) AND FROM DOUBLE FAMILY RESIDENTIAL (RD-3 . 75) TO VILLAGE COMMERCIAL (CV-7 . 5) AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-5-10 : 13 AND 7-5-23 : 63 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Ordinance No . 92-36 is amended as follows : "SECTION 2 . This change in district classification is conditioned upon the following : A. The applicant , its successors or assigns be responsible for complying with all of the stated conditions of approval . B . The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone. C . Consolidation approval of the subject properties shall be secured from the Planning Department within one year from the effective date of r r 1• A approval of the Change of Zone request . Plans for Final Plan Approval shall not be processed until consolidation approval has been secured . D . Final Plan Approval shall be secured from the Planning Department within one ( 1) year from the effective date of approval of the consolidation approval of the subject properties . Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval . To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured . E. Construction shall commence within [one] five(5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter . F. A detailed archaeological mitigation plan shall be prepared and submitted for approval by the Planning Department , in consultation with the State Department of Land and Natural Resources prior to submitting plans for plan approval review. The plan submitted shall have incorporated the recommendations of the detailed archaeological mitigation plan. -2- S e G. Should any unidentified sites or remains such as artifacts , shell , bone, or charcoal deposits , human burials , rock or coral alignments , paving, or walks be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified . Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken . H . The applicant shall install all recommended road improvements as required by the Department of Public Works , including a left turn lane, acceleration and deceleration lanes , curb, gutter and sidewalk improvements along the Hualalai Road frontage of the subject development . Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval and shall be installed prior to issuance of a certificate of occupancy for any portion (commercial or residential) of the developments . I . Prior to Final Plan Approval or Final Subdivision Approval for the project , should the County determine that additional improvements in the project area are required ( i . e . roadways , parks , police, fire, etc . ) , the applicant and its successors or assigns shall pay or contribute its -3- pro rata share of such additional improvements . Satisfaction of this condition may be by entering into a development agreement with the County when such a development agreement is authorized . Any pro rata share of improvements paid or contributed to the project area shall be credited to any future impact fees . J. The applicant shall formulate a school facilities assessment plan, which shall be reviewed and approved by the Planning Department , in consultation with the Department of Education, prior to Final Plan Approval of the residential project . The approved assessment shall be submitted to the appropriate agency prior to the issuance of a certificate of occupancy for any portion of the residential development . K. To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall contribute a monetary fee or designate an area prior to tentative subdivision approval to the County of Hawaii , which shall be used for park purposes . The monetary fee or land area shall be calculated by methodology and procedure set forth in Sections 8-6 , 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code and shall be acceptable to -4- 0 a 4 6 la the Department of Parks and Recreation and the Planning Department . If the applicant designates a park area on site, the park area shall be improved by grading and grassing prior to issuance of a certificate of occupancy for the residential development meeting with the approval of the Planning Department , in consultation with the Department of Parks and Recreation. Further, a park maintenance and operational plan shall be submitted for review and approval by the Planning Department , in consultation with the Department of Parks and Recreation, prior to issuance of a certificate of occupancy for the residential development . L . 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 plan approval of any portion of the residential zoned area ; provided -5- A 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 further 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. M. Comply with all applicable laws , requirements , rules , and regulations including those of the Fire Department, Department of Health, and the Department of Land and Natural Resources . N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of this ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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 . O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the impo$ition of exactions or the assessment of impact fees , conditions included herein may, at -6- • ' f' the developer ' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances : ( 1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant , successors or assigns , and that are not the result of their fault or negligence . (2) Granting of the time extension would not be contrary to the general plan or zoning code . (3) Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone . (4 ) The time extension granted shall be for a period not to exceed the period originally granted for performance ( i . e . , a condition to be performed within one year may be extended for up to one additional year) ; and (5) Should the applicant require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action . -7- A Q. 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 2 . Material to be deleted is bracketed . New material is underscored . SECTION 3 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance . SECTION 4 . This ordinance shall take effect upon its approval . INTRODUCED BY: COUNCIL MEM ER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: September 20, 1995 Date of 1st Reading : September 20, 1995 Date of 2nd Reading : October 4, 1995 Effective Date : October 12, 1995 REF. : C-670 APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL DATE : 'OCT 1 0 1995 -8- r w 6/ Ff!vr^ ci ti L v o u (u) liii RM-4 ari .ft 8 We/ ) 0111.1 / Artz'ste, 1 • ' / . / r a ow. ` ,ca. ilial, 7 i . . 'N.... ..,,.. 44 Nast w!<� �Y-�., JP r `, w RM-4. �Ov v siX.R 4.. ti A-1. MearNIP‘51Wili 4.9 0 11:1 . / 1 Eir,ing,■■ aiii," ree-te i Ira; W . 3*. 11 lirri MEP . )111:11( -, iiv'�'i UPVP{../\NNCD (U) T / •••�•'•• �` ~MA∎ i.Z24 At=1' 9 y ALANOU eT. ;•,•,� 4O / / ©11111111P s s'�•:% O. o at M11."V / I©11II„I V,L .ASO AL (RD-l.7a) "Tb Vll.l-AQ■ GOMM■RCIAL CCY-7.ti�z, 70.0.p. s AR QA -117 ACt!■• •icALAWA ° Z,IZt.l1 • O / •,�(� 1�A1SC>QL • / RM-z / :Ile y / . v.1.zs DOU•L• rAtoilL7' �II, c/7v ^-1. Rtt1-AO'W TIAL (RD-s-79) V / ; ev- VILLAt� CoN1Mt1lCtAL (CV-7.0) A4 ..., = 7 SOB Met- PT. / / / +r"u►~1 mo. KUAKINI HIGHWAY I -$4.1∎4ov-- rlES2 %. Cal I V '7* v-.7! N01.11, g COIDR121N/1►T>t! R■P■RR■D To 'PcAtl-uA (►.,O}lTfi • p ; M�Ri171/�iV) m / V 7! v .T! i 0 7 1�M 1 / h ) i .715 v RM-1 v-1 v-I AMENDMENT TO THE ZONING CODE AMENDING '.»_'CTION 25- 137 (NORTH rrONA ZONE MAP) AND SECTION 2S-81, (1<AJLUA URBAN ZONE MAr) ARTICLE 3, CHAPTER 25. (ZONING CODE) OF THE HAWAII COUNTY CODE B.17' CHANBING THE orm-rRte-r CLA95IFICATION FROM UNPLANNC`D (U) TO MULTIPLE FAMIL7' RESIDENTIAL (R1MI-2.$) AND FIQOM• DOUBLE-. PIWYI1LY RESIDENTIAL (I‘27-3-75) TO VILLAGE COMMERCIAL (C1/-7.3) AT MIENALOLI 4TH AND 5TH, NORTH P ONA; HAWAII. PREPAf!ED s')' : PLANNINel DQPARTMerrr CCUNT7' O1 HAWAII 1-•1K % 7-9-10 n 19 AND -7-13-7- etas sCPT. t9, 19g I EX H I B IT "A" (HUri1-ALAI PROp@RTICm, )Ne.) . ,• OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: Takashi Domingo Arakaki X Date Introduced: September 20, 1995 First Reading: September 20, 1995 Bonk-Abramson X Published: N/A Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 8 0 1 0 ROLL CALL VOTE Second Reading: October 4, 1995 AYES NOES ABS EX To Mayor: October 5, 1995 Returned: October 12, 1995 Arakaki X Effective: October 12, 1995 Bonk-Abramson X Published October 20, 1995 Childs X De Lima X REMARKS: Domingo X Osorio X Rath X Ray X Smith X 9 0 0 0 I DO HEREBY CERTIFY that the fnregning R11-1-1,1nas adopted by the County Council and publis •d as indicated above. APPROVED as to FORM and LEGALITY 26-4_1, / .1 / - - /ALI% CORPORATION COuNsa COUNCIL CHAIRMAN COUNTY OF HAWAII _ // Date /C7/c/ S" COUNTY CLERK Approve/ !�this day of d-h-6 12vt ,19 91 /14L.. / : • �. •R,COUNTY O,WAII Bill No.: 137 Reference: C-670/PC-75 Ord No.: 95 118