HomeMy WebLinkAboutCOM 0045.000 1998-2000 xtv,w
~ William G. Davis
Managing Director
Stephen K. Yamashiro r
Mayor Henry Cho
, try` Deputy Managing Director
or x~
~II1TIt~k1 II~ ~tl~Mti
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Sui[e 103 Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
December 14, 1998
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii -
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 166 (REZ 252)
Applicant: Jack Ramos Ranch, Inc.
Request: Amendment to District Classification and Conditions of Ordinance No. 166
Tax Map Key: 3-5-3:27 and 3-5-4:8
State Land Use Boundary Amendment Application (SLU 98-7)
Request: Agricultural to Rural
Change of Zone Application (REZ 98-24)
Request: A-Sa to RA-2a
Applicant: Michael K. and Thuy N. Fujimoto
Tax Map Key: 6-2-11:6
/ Change of Zone Ordinance No. 93-76 (REZ 663)
? Applicant: Pualani Estates, Inc.
Request: Extension of Time to Condition C (Secure Final Subdivision Approval)
Tax Map Key: 7-5-17:28 and 29
Change of Zone Application (REZ 97-9)
Applicant: McClean Honokohau Properties, L.P.
Request: A-Sa to RS-7.5 to Develop an Active Retirement Community
Tax Map Key: 7-4-8:Portion of 26
~ae~n. Nt.
Pile No.
Idef. To:
Rer. ~t< ~ 1 6 1998
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
December 14, 1998
Zoning Code Amendment -Chapter 25
Initiator: Planning Director
Minimum Yards in the Agricultural and Intensive Agricultural Districts
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sincerely,
e(~. ashiro
Mayor
L12039801.MAY
Enclosures
cc: Planning Department
Ci~li ~3
Mtr os
Stephen K. Yamashiro
Ma7m
1j~•~i•M~:O~
~IIltltf~l D~ ~2I~IIfiTT
PLANNING COMMISSION
2S Aupuni Strew, Room 109 • Fiib, H.v.ii %720.252
DEC 1 4 1998 teoei %1-szea P.a teosl %1-%Is
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Estates, Inc.
Request: Extension of Time to Condition C (Secure Final Subdivision Approval)
Tax Map Key: 7-5-17:28 and 29
The Planning Commission, after a duly held public hearing on December 3, 1998, voted to
recommend for your approval the proposed legislative bill to amend Condition C (time to
secure Final Subdivision Approval) of Change of Zone Ordinance No. 93 76, amending
Ordinance No. 90 63, which reclassified approximately 99.3 acres of land from Unplanned
(U) to Single Family Residential (RS-7.5 and RS-20) zoned districts. The property is located
mauka of the Queen Ka'ahumanu Highway extension approximately 2,000 feet north of its
intersection with Kuakini Highway, Puapuaaiki and Puapuaanui, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance No. 90-63, as amended by Ordinance No. 93-76, to Condition C (secure
Final Subdivision Approval). The request will allow afive-year extension of time in
which to comply with Condition C of Ordinance No. 93-76; more specifically, an
extension of time from August 9, 1997 through August 8, 2002 in which to secure final
subdivision approval for the Pualani Estates project. The applicant is requesting the
extension in order to: 1) resolve title issues relating to PASH decision, and 2) to secure
funding in order to complete the project.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The applicant has continued its efforts to proceed with the development. The
non-performance is the result of conditions that were beyond the control of the
applicant and has not been the result of fault or negligence. Further, the granting of
this extension of time for five years would not be contrary to the General Plan, Zoning
Code or the original reasons for granting the change of zone.
For your favorable consideration, an amendment to Ordinance No. 90-63, as amended by
Ordinance No. 93-76, 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,
a~
Kevin M. Balog, Chairman
Planning Commission
LPuala02.PC
Enclosures
cc: Steven S. C. Lim, Esq.
Department of Public Works
Department of Water Supply
West Hawaii Office
Kazu Hayashida, Director/DOT-Highways, Honolulu
BPuala0l.emMrhy-11/11/98
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PUALANI ESTATES, INC.
AMENDMENT TO CONDITION C (TIME TO SECURE FINAL SUBDIVISION
APPROVAL)
CHANGE OF ZONE ORDINANCE NO. 90-63, A MEND .D BYO INAN
NO. 93-76 (REZ 6631
PUALANI ESTATES, INC. has submitted a request to amend Condition C (time to
secure Final Subdivision Approval) of Change of Zone Ordinance No. 93 76, amending
Ordinance No. 90 63, which reclassified approximately 99.3 acres of land from Unplanned
(U) to Single Family Residential (RS-7.5 and RS-20) zoned districts. The property is located
mauka of the Queen Ka'ahumanu Highway, Puapuaaiki and 1'uapuaanui, North Kona, Hawaii,
TMK: 7-5-17:28 and 29.
GENERAL INFORMATION
1. 1'ualani Estates, Inc. the successor developer to Pualani Development Company, is the
fee simple owner of the subject property.
BACKGROUND INFORMATION
2. September 13, 1989: Effective date of Decision and Order by State Land Use
Commission approving the reclassification from Agricultural to Urban District.
3. May 27, 1990: Effective date of Ordinance No. 90-63, which rezoned approximately
99.3 acres of land from Unplanned to RS-7.5 and RS-20. Applicant proposed 385
residential lots with construction of two and three bedroom single family units.
(See Exhibit A)
4. August 9, 1990: Submittal of subdivision plans for Increment I for 2401ots.
5. August 29, 1990: Director grants administrative extension of time until November 24,
1990, in which to submit water commitment payments as required by Condition B.
6. August 9, 1993: Effective date of Ordinance No. 93-76, which amended Ordinance
No. 90-63, for a time extension to Condition D (secure fmal subdivision approval).
(See Exhibit B)
ATTACH. C-45
(B-13)
7. October 17, 1994: Planning Director grants administrative extension of time until
December 4, 1996, in which to comply with all conditions for tentative subdivision
approval.
8. August 20, 1996: Planning Director grants administrative extension of time until
December 2, 1998, in which to comply with all conditions for tentative subdivision
approval.
9. November 18, 1996: Planning Director grants administrative extension of time until
August 9, 1997, to comply with Condition C (secure final subdivision approval).
10. Annual Reports: The applicant has diligently submitted annual reports in compliance
with Condition No. 9.
PROPOSED AMENDMENTS
11. Request: The applicant is requesting to amend Condition C (time to secure Final
Subdivision Approval). (See Exhibit C -Applicant's Letter dated August 27, 1998)
12. Objectives: "On behalf of applicant Pualani Estates, Inc./International Assets, Ltd.,
this will request afive-year extension of time in which to comply with Condition C of
Ordinance No. 93-76; more specifically, an extension of time from August 9, 1997
through August 8, 2002 in which to secure fmal subdivision approval for the Pualani
Estates project. Applicant is requesting said extension in order to: 1) resolve title
issues relating to pA~$ decision, and 2) to secure funding in order to complete the
project."
DESCRIPTION OF STATE AND COUNTY PLANS
13. SLUC: Urban.
14. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Transportation,
Socio-Cultural Advancement (Education) objectives and policies.
15. General Plan Consistency: Economic, Environmental Quality, Flood Control and
Drainage, Historic Sites, Public Facilities, Public Utilities, Transportation and Land
Use elements, goals, policies and courses of action for North Kona.
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16. GP LUPAG MAP: The mauka portion of the project is designated Low Density
Urban Development. This allows for Single family residential in character, ancillary
community and public uses, and convenience type commercial uses. The remaining
makai portion is designated as Urban Expansion Area. This designation applies to land
suited for pasturage or range uses. The Urban Expansion area allows for a mix of high
density, medium density, low density, industrial and /or open designations in azeas
where new settlements may be desirable, but where the specific settlement pattern and
mix of uses have not yet been determined.
17. Keabole to Kailas Development Plan: The azea of the subject property is designated
for residential development.
18. County Zoning: Single Family Residential (RS-7.5) and (RS-20).
19. SMA: The property is not situated within the Special Management Area (SMA).
DESC iPTION OF PROP .RTY AND TRRO IN RF.A
20. Subject Property: The subject property consists of 99.3 acres of land situated mauka
of Queen Kaahumanu Highway. The project azea rises in elevation from 325 to 750
feet above mean sea level. The site is presently vacant of any structures or uses.
21. U.S. Soil Survey: The subject property is comprised of Punaluu extremely rocky peat
(rPYD), Waiaha extremely stony silt loam (WHC), and Kaimu extremely stony peat
(rKED). '
22. Flora and Fauna: There are no known raze or endangered plant life or animal species
on the property or in its immediate vicinity.
23. Archaeological Resources: As discussed in applicant's 1995 annual report,
reinternment of remains within the on-site azchaeological preserve area was conducted
by the Historic Preservation Division, Hawaii Burial Council and project azchaeologists
on July 5, 1994. A revised final data recovery report was also approved by the
Depaztment of Land and Natural Resources -Historic Preservation Division.
24. Land Study Bureau Soil Rating: The Land Study Bureau overall Master Productivity
Rating classifies the soils within the project site as Classes "C", "D" and"E". The
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project is Moderate to Very Poor for agricultural activity.
25. ALISH: The State Department of Agricultural's Agricultural Lands of Importance to
the State of Hawaii (ALISH) Map classifies approximately 20 percent of the property
as "Other Important" agricultural lands and the remaining lands are not classified.
26. Flood Insurance Rate Map: The northwest corner of the property is affected by the
fringes of the 100-year and 500-yeaz flood hazard azea (Zone X and AE, respectively).
The remainder of the property is located outside the 500-yeaz flood plain (Zone X).
27. Surrounding Zoning/Land Uses: Lands immediately adjacent to the west is the
Queen Kaahumanu Highway, and to the north, south and east, the lands are vacant.
Surrounding lands aze zoned Agricultural-5 acre (A-Sa).
PUBLIC UTILITIES AND SERVICES
28. Roads: Access is provided by Queen Kaahumanu Highway and from Hualalai Road.
29. Water: Water to the project site is available for the project.
30. Police/Fire/Medical: Police services are provided by the County of Hawaii from its
Kealakehe and Kailua-Kona stations. Fire protection is provided by the County of
Hawaii from its Kailua-Kona, Kealakehe, Keauhou and Captain Cook stations.
Emergency medical and paramedical services aze also provided by the Hawaii County
Fire Department. Kona Hospital is located at Kealakekua.
31. Other essential utilities and services aze or will be made available to the subject
property.
AGENCIES' COMMENTS
32. Department of Public Works (November 19, 1998 Memo):
"We have reviewed the subject application For a time extension and offer no
comments."
33. Police Department (September 11, 1998 Memo):
"We have reviewed the above-referenced application and do not believe the request will
negatively impact traffic safety or police services in the azea."
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34. Department of Land and Natural Resources -Historic Preservation Division
(October 22, 1998 Letter):
"Thank you for your letter of September 3, 1998, and the opportunity to comment on
the proposed time extension for 1'ualani Subdivision fmal approval.
"As this action does not involve any land altering activity, we have no comments
regarding the time extension in which to secure final subdivision approval."
35. Department of Land and Natural Resources -Land Division (October 22, 1998
Letter):
"Thank you for the opportunity to review and comment on the subject matter.
"The Department of Land and Natural Resources has no comment to offer on the
subject matter at this time."
36. Department of Water Supply: (See Exhibit D -October 2, 1998 Memo)
AGENCIES - NO RESPONSE
37. Department of Finance -Real Property Tax, Office of Housing and Community
Development, Department of Land and Natural Resources-Land Management
Division, Department of Health, and Department of Transportation
PUBLIC COMMENTS
38. Gregg I{asliwa for Gamrex, Inc.: (See Exhibit E -November 11, 1998 Letter)
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 2sz
(Draft 2)
ORDINANCE NO. 90 63
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS-7.5) ACID (RS-20) AT PUAPUAAIKI
AND PUAPUAANUI, NORTH KOCIA, HAWAII, COVERED BY TAX MAP
KEY 7-5-17:28 AND 29.
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 properties described hereinafter as
follows:
The district classification of the following area
situated at Puapuaaiki and Puapuaanui, North Kona, Hawaii, '
shall be Single Family Residential (RS-7.5):
PARCEL 1:
Beginning at the Northwesterly corner of this parcel of
land, being also a point on the Easterly side of the
Hawaii Belt Road (Project No. F.A.S.P. 11A-03-69), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAHELO" being
1,083.07 feet North and 4,585.29 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next thirty-two (32) courses
following along the Southerly boundary of Royal
Patent 1669, Land Commission Award 8516-B, Apana 3 to
Kamaikui and along the middle of an ancient
stonewall, all angle points marked by galvanized
nails driven in set-stones on top of wall unless
noted otherwise herein:
1. 250° 24' 71.42 feet;
2. 244° 50' 49.86 feet;
3. 238° 04' 30" 88.39 feet;
4. 254° 35' 10" 50.44 feet;
5. 237° 19' S0" 61.99 feet;
6. 252° 38' S0" 32.91 feet;
7. 243° 16' 15" 47.62 feet;
8. 250° 16' S0" 63.34 feet;
9. 238° 19' 10" 39.58 feet;
10. 252° 21' 10" 44.13 feet;
11. 244° 37' S0" 63.05 feet;
12. 241° 43' 84.51 feet;
13. 252° 18' 40" 108.43 feet;
14. 249° 47' 10" 68.44 feet;
15. 246° 46' 10" 48.86 feet;
16. 249° 39' S0" 133.77 feet;
17. 246° 56' 79.55 feet;
18. 238° 51' 30" 62.56 feet;
19. 244° 32' 40" 53.09 feet;
20. 250° 04' 72.07 feet;
21. 242° 42' 20" 81.56 feet;
22. 256° 02' 15" 40.36 feet;
23. 236° 43' 30" 54.19 feet;
24. 247° 20' 45" 28.34 feet;
25. 260° 19' 10" 92.13 feet;
26. 250° 23' 30" 56.34 feet to a galvanized nail
in a cut in set-stone;
27. 248° 32' 54.28 feet;
28. 254° 46' 38.44 feet;
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29. 251° 08' 40" 111.09 feet;
30. 250° 13' 10" 151.96 feet;
31. 252° 13' 138.54 feet;
32. 265° 56' 30' 65.91 feet to a pipe;
Thence, for the next five (5) courses following along
the remainder of Royal Patent 6716, Land Commission
Aware 4887, Apana 2 to Thomas Sams:
33. 346° 47' 30" 148.02 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
pipe;
34. 347° 14' 30" 201.76 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
pipe;
35. 72° 37' 32.30 feet along Parcel 2 and
also along the Northerly
side of a stonewall to a
pipe;
36. 350° 59' 55.95 feet along Parcel 2 and
also along the Westerly
side of a stonewall to a
pipe;
37. 341° 55' 109.94 feet along Parcel 2 and
also along the Westerl}'
side of a stonewall to a
cut on stone;
Thence, for the next seven (7) courses following
along the remainder of Royal Patent 7819, Land
Commission Award 8559-e, Apana 8 to
William C. Lunalilo:
38. 341° 20' 185.49 feet along Parcel 4 to a
pipe;
39. 262° 42' 494.33 feet along Parcel 4 to a
pipe;
Thence, for the next five (5) courses following along
the remainder of Lot 1:
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40. 350° 30' 420.00 feet to a point;
Thence, following on a curve to the right with a
radius of 400.00 feet, the
chord azimuth and distance
being:
41. 16° 45' 353.83 feet to a point;
Thence, following on a curve to the right with a
radius of 10.00 feet, the
chord azimuth and distance
being:
42. 272° 45' 15.26 feet to a point;
43. 322° 30' 105.72 feet to a point;
44. 333° 30' 64.50 feet to a point;
Thence, for the next thirty-four (34) courses
following along the middle of an ancient stonewall
and also along the Northerly boundary of Royal Patent
4475, Land Commission Award 7713, Apana 43 to
V. Kamamalu, all angle points being marked with
galvanized nails driven in set-stones on top of the
stonewall:
45. 331° 30 30" 20.18 feet;
46. 59° 26' 30" 14.13 feet;
47. 45° 54' 15" 12.32 feet;
48. 55° 55' 40" 114.99 feet;
49. 57° 30' 10" 23.08 feet;
50. 61° 52' 15" 113.83 feet;
51. 66° 38' 10" 140.03 feet;
52. 67° 14' S0" 123.03 feet;
53. 63° 08' 10" 91.13 feet;
54. 69° 25' 40" 56.10 feet;
55. 67° 51' S0" 105.82 feet;
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56. 52° 59' 30" 40.69 feet;
57. 62° 12' 40" 22.63 feet;
58. 67° 12' 97.04 feet;
59. 58° 51' 24.92 feet;
60. 62° 50' 57.28 feet;
61. 73° 55' 10" 78.64 feet
62. 64° 53' 30" 34.57 feet;
63. 74° 57' 30" 18.72 feet;
64. 84° 23' 40" 20.20 feet;
65. 89° 29' 40" 32.58 feet;
66. 85° 26' S0" 75..75 feet;
67. 75° 41' 15" 135.87 feet;
68. 68° 13' 15" 150.48 feet;
69. 67° 52' 40.51 feet;
70. 70° 54' 40" 153.97 feet;
71. 67° O1' S0" 112.31 feet;
72. 69° 04' 15" 78.07 feet;
73. 66° 00' 10" 92.63 feet;
74. 70° 35' 15" 78.71 feet;
75. 47° 34' 40" 16.94 feet;
76. 70° 23' S0" 22.18 feet;
77. 62° 34' 19.27 feet;
78. 52° 38' S0" 23.61 feet;
Thence, for the next five (5) courses following along
the Easterly side of the Hawaii Belt Road (Project
No. F.A.S.P. 11A-03-69):
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79. 154° 11' 11" 433.95 feet to a point;
80. 244° 11' 11" 20.00 feet to a point;
81. 154° 11' 11" 1,101.00 feet to a point;
82. 64° 11' 11" 20.00 feet to a point;
83. 154° 11' 11" 207.23 feet to the point of
beginning and containing
an area of 91.732 Acres,
more or less. (Refer to
Parcel 1 as shown on
Exhibit "A").
The district classification of the following area
situated at Puapuaanui, North Kona, Hawaii, shall be
Single Family Residential (RS-20):
PARCEL 2:
Beginning at a pipe at the Southeasterly corner of this
parcel of land being also a point on the Westerly side of
Hualalai Road, the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"KAHELO" being 788.83 feet North and 8,228.96 feet East
and running by azimuths measured clockwise from True South:
Thence, following along the middle of an ancient
stonewall and also along the Northerly boundary of
Royal Patent 4475, Land Commission Award 7713, Apana
43 to V. Kamamalu for the next sixteen (16) courses,
all angle points being marked with galvanized nails
driven in set-stones on top of the stonewall:
1. 63° 21' 15" 13.07 feet;
2. 83° 45' 18.12 feet;
3. 78° 32' 15" 55.68 feet;
4. 76° 58' 60.0¢ feet;
5. 63° 04' 10" 163.64 feet;
6. 68° 02' 61.69 feet;
7. 75° 19' 30" 40.03 feet;
-6-
8. 73° 16' 34.02 feet;
9. 48° 04' 10" 28.86 feet;
10. 54° 14' 20" 12.65 feet;
11. 61° OS' 40' 58,18 feet;
12. 52° 24' 116.75 feet;
13. 52° 58' 137.34 feet;
14. 62° 18' 40" 18.06 feet;
15. 77° 26' 30" 34.89 feet;
16. 70° 20' 20" 112.79 feet;
Thence, for the next eleven (11) courses followinc_
along the remainder of Royal Patent 7819, Land
Commission Award 8559-B., Apana 8 to William C.
Lunalilo:
Thence, for the next five (5) courses following along
the remainder of Lot 1:
17. 153° 30' 64.50 feet to a point;
18. 142° 30' 105.72 feet to a point;
Thence, following on a curve to the left with a
radius of 10.00 feet, the
chord azimuth and distance
being:
19. 92° 45' 15.26 feet to a point;
Thence, following on a curve to the left with a
radius of 400.00 feet, the
chord azimuth and distance
being:
20. 196° 45' 353.83 feet to a point;
21. 170° 30' 420.00 feet to a point;
22. 262° 42' 200.00 feet along Parcel 4 to a
pipe;
23. 352° 31' 161.88 feet along Parcel 4 to a
pipe;
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24. 352° 31' 189.92 feet along a House Lot
owned by Julian F. Gouveia
and wife to a pipe;
25. 246° 13' 222.30 feet along a House Lot
owned by Julian F. Gouveia
and wife to a pipe;
26. 336° 13' 335.19 feet along Lot 2 of this
subdivision to a point;
27. 245° 22' 40" 321.43 feet along Lot 2 of this
subdivision to a point;
Thence, for the next three (3) courses following
along the Westerly side of Hualalai Road:
28. 312° 25' 8.34 feet to a pipe;
29. 321° 28' 10" 33.88 feet to a pipe;
30. 324° 29' 30" 54.62 feet to a pipe at a
stohewall intersection at
the Southeast corner of
this tract of land and on
the Northerly boundary of
Royal Patent 4475, Land
Commission Award 7713,
Apana 43 to V. Kamamalu to '
the point of beginning and
containing an area of
7.592 Acres, more or
less. (Refer to Parcel 2
as shown on Exhibit "A").
All as shown on the map attached hereto, marked Exhibit
"A" and by reference made a part hereof.
SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the required water
commitment payment shall be submitted to the Department of
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Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety days from the date of approval
of the change of zone; (C) the area shall be subdivided in two
increments. The first increment shall consist of a maximum of
sixty contiguous acres, and the second increment, the remaining
area. Subdivision plans may be submitted for the second
increment after development has occurred in the first increment
as determined by the Planning Director. "Development" means
that building permits have been issued for dwelling units and
construction has been partially completed to the extent that
roofs have been constructed on a'. minimum of twenty-five percent
of the number of lots proposed for the first increment. In
lieu of actual construction, the applicant may enter into an
agreement with the Planning Department to assure the County
that the dwellings will be constructed within a given period.
Such agreement shall be secured by a surety bond, certified
check or other security acceptable to Corporation Counsel and
the Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the second increment may be submitted
prior to the actual construction of the dwellings in the first
increment; (D) subdivision plans for the first increment shall
be submitted within one year from the effective date of the
change of zone. Final subdivision approval shall be secured
-9-
within one year from the date of receipt of tentative
subdivision approval. Plans for necessary infrastructural
improvements, including sewage treatment plant, off-site
roadway and an off-site water system, shall be submitted in
conjunction with construction drawings for final subdivision
approval of the first increment; (E) a drainage system shall be
installed in accordance with the requirements of the Department
of Public works; (F) access(es) shall meet with the Departments
of Transportation-Highways Division and Public works. Further,
Queen Kaahumanu Highway shall be improved with a fully
channelized intersection, including deceleration, acceleration
and left-turn lane(s), which meet with the requirements of the
Department of Transportation. These improvements shall be
provided prior to final subdivision approval or as otherwise
provided by Chapter 23 (Subdivision Control). Traffic signals
shall be installed by the applicant, successors or assigns at
such time when warranted and deemed necessary by the State
Department of Transportation-Highways Division; (G) the
interior subdivision roads shall be provided with curbs,
gutters and sidewalk improvements; that portion of a
mauka-makai collector road within the subdivision shall be
constructed in a manner which would lead toward eventual
connection to Hualalai Road; and internal north-south roadways
shall extend to the boundaries to provide future traffic
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connection with adjacent properties. These improvements shall
be provided prior to final subdivision of the first increment
or as otherwise provided by Chapter 23 (Subdivision Control)
meeting with the approval of the Department of Public Works;
(H) an archaeological data recovery and preservation plan shall
be submitted to the Department of Land and Natural Resources,
Historic Sites Section and the Planning Department for review
and acceptance prior to preliminary plat map submittal of the
first increment. The archaeological data recovery and
preservation shall be in conformance with the accepted plan and
shall be completed prior to any land alterations on the
property; (I) should any unidentified sites or remains such as
artifacts, shell, bone, or charcoal deposits, human burials,
rock or coral alignments, pavings, or walks be encountered,
work in the immediate area shall cease and the Planning
Department shall be immediately notified. Subsequent work
shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taker.; (J) 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 to assure it
addresses the affordable housing needs of the community and the
affordable housing condition imposed by the State Land Use
Commission. This housing plan shall be approved by the County
-11-
Housing Agency prior to final subdivision approval of the first
increment provided that the applicant shall notify the County
Housing Agency of any intent to sell, lease, assign, place in
trust, or otherwise voluntarily alter the ownership interest in
the Property prior to visible commencement of construction on
the Property; provided, however, that Petitioner may transfer
ownership in the Property to an affiliate or in a manner
consistent with prior representations to the County Housing
Agency; (K) as represented by the applicant, a minimum
five-acre recreational park shall be developed within the
proposed subdivision and made available in conjunction with the
completion of the subdivision's infrastructure for the first
increment. The cost of developing and maintaining the park
shall be borne by the applicant, successors or its assigns.
Deed covenants restricting the site to park use shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval of the first increment.
Written assurance for implementation of this condition shall be
submitted to the Planning Department prior to final subdivision
approval of the first increment. At the minimum, access to the
recreational Dark shall be gained from within the subdivision;
(L) as agreed to by the applicant, restrictive covenants in the
deeds of all the lots shall prohibit the construction of ohana
dwelling units. A copy of the proposed covenant(s) shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval of the first increment.
-12-
written assurance for implementation of this condition, which
has met with the approval of the Planning Department, shall be "
submitted to the Planning Department prior to final subdivision
approval of the first increment. A copy of a typically
recorded covenant shall be filed with the Planning Department
within one year from the date of final subdivision approval of
the first increment; (M) comply with conditions of the State
Land Use Commission; (N) comply with all other applicable laws,
rules, regulations and requirements, including those of the
Departments of Health, Plater Supply and Public Works;
(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; (P) an annual progress report shall be submitted to
the Plannino Director prior to the anniversary date of the
effective date of the change of zone. The report shall address
the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect
until all of the conditions of approval have been complied and
the Planning Director acknowledges that further reports are not
required; and, (Q) an extension of time for the performance of
conditions within the ordinance may be granted by the Planning
Director upon the following circumstances: 1) the
non-performance is the result of conditions that could not have
-13-
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) ranting
of the time extension would not be contrary to the original
reasons for the granting of the permit; 4) the time extension
granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be
performed within one year may be extended for up to one
additional year); and 5) if the 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.
SECTION 3. In t'he 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:
COU CIL MEMB~R, COUN OF HALdAZI
Hilo, Hawaii
Date of Introduction: May 2, 19 0
Date of 1st Reading: May 2, 1990
Date of 2nd Reading: May 16, 1990
Effective Date: A1a.y 27, 1990
-14-
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f AREA = 91.73 ACRES'
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION '25-87 (NORTF-4 KONA ZONE
MAP) ARTi CLE 3, CFiAPTEi'~ ZS (ZON1N G CODE OP
THE HAWAII COUN1"y CODE, BY C1-{ANGING THE
bIST1~ICT CLASSIFICATION PTQONi UNPLANNED (U)
TO SINGLE FAMILY f~ESibENT1AL (1~5-7_S~ AND
(RS-ZO) AT PUAPt,AA1K1 AND I~UAPUAANUI,
NORTH KONA, HAWAII.
PREPNf2E~ B~' c PLANNING pEPA~T'M ENT
cour~l-Ty OF HAWAII
TMK = 7-5-17 ~8 ANC 2°.~ DE'C. 19, 1~8°~
COUNTY OF _iAWAII ' STATE O_ HAWAII
BILL NO. B3
(Draft S)
ORDINANCE NO. 93 76
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP),
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
RELATING TO THE [DELETION OF CONDITION 8 AND THE MODIFICATION
OF CONDITION D)AMENDMENTS TO CONDITIONS OF ORDINANCE N0. 90-63,
WHICH RECLASSIFIED 99.3 ACRES OF LAND FROM AN UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS-7.5) AND (RS-20) AT PUAPUAAIKI
AND PUAPUAANUI, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-5-17:28 AND 29.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90-63 is amended as follows:
'SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Puapuaaiki and Puapuaanui, North Kona, Hawaii,
shall be Single Family Residential (RS-7.5):
PARCEL 1:
Beginning at the Northwesterly corner of this parcel of
land, being also a point on the Easterly side of the
Hawaii Belt Road (Project No. F.A.S.P. 11A-03-69), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station •XAHELO• being
1,083.07 feet North and 4,585.29 feet East and running by
azimuths measured clockwise from True South:
Thence, for the nezt thirty-two (32) courses following
along the Southerly boundary of Royal Patent 1669,
Land Commission Award 8516-8, Apana 3 to Ramaikui and
along the middle of an ancient stonewall, all angle
points marked by galvanized nails driven in set-stones
on top of wall unless noted otherwise herein:
1. 250• 24' 71.42 feet;
~X1~0BIT
. .
23. 352° 31' 161.88 feet along Parcel 4 to a
pipe;
24. 352° 31' 189.92 feet along a House Lot
owed by Julian F. Gouveia
and wife to a pipe;
25. 246° 13' 222.30 feet along a House Lot
owned by Julian F. Gouveia
and wife to a pipe;
26. 336° 13' 335.19 feet along Lot 2 of this
subdivision to a point;
27. 245° 22' 40° 321.43 feet along Lot 2 of this
subdivision to a point;
Thence, for the nezt three (3) courses following
along the Westerly side of Hualalai Road:
28. 312° 25' 8.34 feet to a pipe;
29. 321° 28' 10" 33.88 feet to a pipe;
30. 324° 29' 30' 54.62 feet to a pipe at a
stonewall intersection at
the Southeast corner of
this tract of land and on
the Northerly boundary of
Royal Patent 9475, Land
Commission Award 7713,
Apana 43 to V. Ramamalu to
the point of beginning and
containing an area of
7.592 Acres, more or
less. (Refer to Parcel 2
as shown on Ezhibit "A").
All as shown on the map attached hereto, marked
Exhibit 'A° and by reference made a part hereof.
'SECTION 2. These changes in district classification are
conditioned upon the following: (A) the applicant, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) the required water
-8-
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) (the area shall be subdivided in two
increments. The first increment shall consist of a mazimum of
sixty contiguous acres, and the second increment, the remaining
area. Subdivision plans may be submitted for the second
increment after development has occurred in the first increment
as determined by the Planning Director. "Development" means
that building permits have been issued for dwelling units and
construction has been partially completed to the extent that
roofs have been constructed on a minimum of twenty-five percent
of the number of lots proposed for the first increment. In
lieu of actual construction, the applicant may enter into an
agreement with the Planning Department to assure the County
that the dwellings will be constructed within a given period.
Such agreement shall be secured by a surety bond, certified
check or other security acceptable to Corporation Counsel and
the Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the second increment may be submitted
prior to the actual construction of the dwellings in the first
increment7revised tentative subdivision olans for the oronosed
~gvelooment shall be submitted to the Plannino Department
v;thin onp vPar from the effective date of this chance of zone
amendment.[; (D) subdivision plans for the first increment
-9-
shall be submitted within one year from the effective date of
the change of zone.] Final subdivision approval shall be
secured within [one] ~ Years from the Pffective date of
[receipt of tentative subdivision approval] this chance of zone
amendment. Plans for necessary infrastructural improvements,
including [sewage treatment plant,]off-site roadway and an
off-site water system, shall be submitted in conjunction with
construction drawings for final subdivision approval [of the
first increment]; ([E]p) a drainage system shall be installed
in accordance with the requirements of the Department of Public
Works; ([F]~) access(es) shall meet with the anoroval of the
Departments of Transportation-Highways Division and Public
works. Further, Queen Raahumanu Highway shall be improved with
a fully channelized intersection, including deceleration,
acceleration and left-turn lane(s), ~ which may include
sianalization, meeting with the requirements of the Department
of Transportation. These improvements shall be provided prior
to [final subdivision approval or as otherwise provided by
Chapter 23 (Subdivision Control)] the occunancv of the first•
hntiaP(el within the subdivision. Traffic signals shall be
installed by the applicant, successors or assigns at such time
when warranted and deemed necessary by the State Department of
Transportation-Highways Division; ([G]~) the interior
subdivision roads shall be provided with curbs, gutters and
sidewalk improvements; [that portion of] ~IL$ a mauka-makai
collector road shall be constructed within the [subdivision
-10-
shall be constructed] subiect property which shall include a
mauka stubout in a manner which would lead toward eventual
connection to Hualalai Road. The avalicant shall delineate and
dedicate to the County of Hawaii a sixty-foot right-of-wav
within the mauka vortion of the subiect nroverty for this
pventual connection to Hualalai Road. The costs of
ennstr±,etion for this connection to Hualalai Road shall not be
the resvonsibility of the avvlicant._ The anvlicant shall also
provide a private one-wav single lane waved access easement
p:tpn~inn to Hualalai Road through the subiect nroverty to be
nspd only for emeraencv nurvoses which may be sated with an
avnronriate breakaway feature This access shall be designed
to nprmit nnly a right turn eait from the subiect vronerty with
ctrin~na and demarcation for safety measures The anvl~cant
shall maintain the emeraencv access until c_uch time the
construction of the mauka-makai collector road is completely
rnnnortgd t~ Hualalai Road and at which time the emeraencv
acepes shall be abandoned.[; and] The anvlicant shall vrovide
selected internal north-south roadways shall] which eztend to
the boundaries to provide future traffic connection with
adjacent properties and shall include in the restrictive
covenants in the deeds of all the vrovosed lots informing all
n„rrhasore that the streets within the subiect vronerty may
heceme f+,t„re thoroughfares connecting to adioinino
properties. These improvements shall be provided [prior to]
=•ithi~ t~prty_four t24) months from the date of final
-11-
subdivision annroval [of the first increment or as otherwise
provided by Chapter 23 (Subdivision Control)] ~ meeting with
the approval of the Department of Public Works; ([H]~) an
archaeological data recovery and preservation plan shall be
submitted to the Department of Land and Natural Resources,
Historic Sites Section and the Planning Department for review
and acceptance prior to preliminary plat map submittal [of the
first increment]. The archaeological data recovery and
preservation shall be in conformance with the accepted plan and
shall be completed prior to any land alterations on the
property; ([i]$) should any unidentified sites or remains, such
as artifacts, shell, bone or charcoal deposits, human burials,
rock or coral alignments, pavings, or walks be encountered,
work in the immediate area shall cease and the Planning
Department shall be immediately notified. Subsequent work
shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taken; ([J]~) 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 to assure it
addresses the affordable housing needs of the community and the
affordable housing condition imposed by the State Land Use
Commission. This housing plan shall be approved by the County
Housing Agency prior to final subdivision approval [of the
-12-
first increment] provided that the applicant shall notify the
County Housing Agency of any intent to sell, lease, assign,
place in trust, or otherwise voluntarily alter the ownership
interest in the Property prior to visible commencement of
construction on the Property; provided, however, that
[Petitioner] the applicant may transfer ownership in the
Property to an affiliate or in a manner consistent with prior
representations to the County Housing Agency; ([K],Z) [as
represented by the applicant, a minimum five-acre recreational
park shall be developed within the proposed subdivision and
made available in conjunction with the completion of the
subdivision's infrastructure for the first increment. The cost
of developing and maintaining the park shall be borne by the
applicant, successors or its assigns. Deed covenants
restricting the site to park use shall be submitted to the
Planning Department for review and approval prior to final
subdivision approval of the first increment. Written assurance
for implementation of this condition shall be submitted to the
Planning Department prior to final subdivision approval of the
first increment.] ~o ensure that the Goals and Policies of the
Recreation Element of the General Plan are implemented. the
applicant shall construct a minimum five (5) acre recrea;-;ona1
park within the proiect site for active and passive
recreational uses to be dedicated and accepted by the County of
Hawaii. The configuration and improvements. including but not
limited to grading. grassing, irrigation. fencing along the
-13-
fiiort nwrk area fronting Oueen Raahumanu Hiahwav and the
Cnnc*rnrhi~n of a softball field. a soccer field. narking and
rucFrnnm f=rilitiec. shall meet with the approval of the
Planning DPOar*ment in consultation with the Department of
~~4c =nA 4orrna*;nn and the Department of Public Works. prior
rn final subdivision approval A nark maintenance and
nnor=t;nnal elan shall be submitted for review and aunroval by
the V1=nnina oPOartment in consultation with the Department of
o=rU~ uorrPat;nn in coniunction with final subdivision
~~~r~~=~ Until such time that the park is dedicated to and
=rrontpd by the Countv, there shall be adequate assurance. as
~o*orm;npd by the Corporation Counsel. for the maintenance of
the private park by recorded covenant running with the land
h• h ch=ii include the following• 1) obligate the subdividers
n„rnh=enrc_ nrriinants. Or association in the SllbdlViSign t0
• ra;n fhe nark irr perpetuity and 2) empower the Countv
through the Department of Parks and Recreation, to enforce
covenants to main gin the Dark authorizing the performance of
maintenance work by the Countv in the event of failure by the
fidividers purchasers occupants or association in the
bdiviSion to perform such work and permit the subiectina of
7=nA =nA nrnnarfiPC in the subdivision to a lien until the cost
of the work performed by the County has been reimbursed. At
the minimum, access to the recreational park shall be gained
from within the subdivision The park shall be completed
within one near from the oc~,pancv of the first home; ([L)K) as
-14-
[agreed to] rearesented by the applicant, restrictive covenants
in the deeds of all the yrovosed lots shall prohibit the
construction of [ohana] a second dwelling unit[sJ on each lot.
A copy of the proposed covenant(s) to be recorded with the
Bureau of Convevances shall be submitted to the Planning
Department for review and approval prior to final subdivision
approvaly[of the first increment. Written assurance for
implementation of this condition, which has met with the.
approval of the Planning Department, shall be submitted to the
Planning Department prior to final subdivision approval of the -
first increment. A copy of a typically recorded covenant shall
be filed with the Planning Department within one year from the
date of] A covv of the aavroved covenant shall be recited in an
instrument eaecuted by the applicant and the county and
recorded with the Bureau of Convevances likewise prior to final
subdivision approval [of the first increment]; ([M]ji) comply
with conditions of the State Land Use Commission; ([N]~) comply
with all other applicable laws, rules, regulations and
requirements, including those of the Departments of Health,
Water Supply and Public Works; ([Old) should the Council adopt
a Unified Impact Fees ordinance setting forth criteria for the
imposition of ezactions or the assessment of impact fees,
conditions included herein [may, at the developer's election,
be satisfied by performance in accordance with] shall be
credited towards the requirements of the Unified Impact Fees
Ordinance; ([P]Q) an annual progress report shall be submitted
-15-
to the Planning Director prior to the anniversary date of the
effective date of [the] this Change of Zone-amendment. The
report shall address .the status of the development and the
compliance with the conditions of approval. This condition
shall remain in effect until all of the conditions of approval
have been complied and the Planning Director acknowledges that
further reports are not required; and ([Q]E] an eztension 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 eztension would not be contrary to the General Plan or the
Zoning code; 3) granting of the time eztension would not be
contrary to the original reasons for the granting of the
permit; 4) the time eztension granted shall be for a period not
to ezceed the period originally granted for performance (i.e.,
a condition to be performed within one year may be eztended for
up to one additional year); and 5) if the applicant should
require an additional eztension 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.•
-16-
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 be effective upon its
approval.
INTRODUCED SY:
• COUNCIL MEMB COUl~ OF HAWAII
Hilo, Hawaii
Date of Introduction: July 14, 1993
Date of 1st Reading: July 14, 1993
Date of 2nd Reading: July 28, 1993
Effective Date: August 9, 1993
APPROVED AS TO FORM AND LEGALITY:
2
:.~~iiTY CORPORATIOeN/ CO/U-N7SEL
DATE : W S ~7 7
-17-
CA1~.JMITH BALL WICHMAN Ch~c, & ICHIIQ
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX fi86
HILO, HAWAII 96721-0686
TELEPHONE (606) 975~66a<
FA% (8061 9757975
Direct Dial No.: ~ Our Reference No.;
3tl 034466-2
'_1
August 27, 1998
HAND DELIVERED ' v
Virginia Goldstein
Planning Director • ~
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change of Zone Ordinance No. 93-76 (REZ 663),
amending Ordinance No. 90-63
Request: Extension of Time fo?• Condition C
(Secure Final Subdivision Approval)
Applicant: Pualani Estates, Inc./International Assets, Ltd.
Puapuaaiki & Puapuaanui, District of North Kona, Hawaii
Tax Man Key 7-5-1728 and 29 (RFZ 6~Z(~Ci1R 90-1431
Deaz Ms. Goldstein:
On behalf of applicant Pualani Estates, Inc./International Assets, Ltd.,
this will request afive-year extension of time in which to comply with Condition C of
Ordinance No. 93-76; more specifically, an extension of time from August 9, 1997
through August 8, 2002 in which to secure final subdivision approval for the Pualani
Estates project. Applicant is requesting said extension in order to: 1) resolve title
issues relating to the DASH decision, and 2) to secure funding in order to complete the
project.
EXHIBIT
2000505.L034466-2 ~ C +
HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • ME%ICO CrrY
Virginia Goldstein
Planning Duector
August 27, 1998
Page 2
To that end, enclosed please find the original and fifteen copies of this
letter request and fees in the amount of $250.00 for filing with the Hawaii County
Planning Commission through your office.
This will confirm that we will serve notice regarding this extension
request to property owners within a 300-foot perimeter of the subject properties within
ten days of filing of said request, and that upon service of said notice, we will file with
your office an Affidavit of Mailing attesting to the same.
Please do not hesitate to contact me at 935-6644, should you have any
questions or need additional information concerning the status of the Pualani Estates
project. Thank you for your consideration in this matter.
Very truly yours,
CARLSMITH BALL
STEVEN S. . LI
SSL:JEC
Enclosure '
xc w/enclosure: Grant Johnston
Robert West
Barrie Parker
Robert Triantos, Esq.
2000505.1.034466-2
or •oq
p
o~
11 H
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
OG4,~A~w~~„~,+~'` 25 AUPU NI STREET HILO, HAWAII 96720
TELEPHONE (BOB) 961.8660 FA% (806) 961-8657
October 2. 1998
TO: Planning Department ~ "
_ r
FROM: Milton D. Pavao. Manager
SUBJECT: CHANGE OF ZONE ORDINANCE NO. 93-076
REQUEST: EXTENSION OF TIME TO CONDITION C '~s
(SECURE FINAL SUBDIVISION APPROVAL)
APPLICANT - PUALANI ESTATES, INC.
TAX MAP KEY 7-5-017:028 AND 029
We have reviewed the subject request and have no objections except for the
following comments.
Rights for 800 additional water commitments were obtained by the developer through
the Kealakekua Source Agreement. As a condition of this agreement, the developer
must remit the prevailing facilities charge to effectuate a water commitment. i;,`,
developer paid a 5432.000.00 facilities charge in October 1990. cc,mmittirg 240
units to the proposed subdivision. Further, in November 1993, a revised
preliminary plat map was submitted requesting an additional 166 lots through the
Kealakekua Source Agreement for a 407-lot subdivision. However. the preva~lliny t
facilities charge of 5560.250.00 for the 166 additional lots was not paid. and
consequently, was not effectuated to the project.
For your information, final subdivision approval is subject to the developer
complying with the following requirements:
1. Construct necessary water system improvements, which shall include, but not
be limited to:
a. onsite and offsite concrete reservoirs meeting maximum day consumption
and fire-flow rates.
b. booster pump stations meeting maximum day consumption rates.
EXHIBIT
Planning Department
Page 2
October 2, 1998
c. onsite and offsite water mains capable of delivering water at adequate
pressure and volume under peak-flow and fire-flow conditions.
d. service laterals that will accommodate a 5/8-inch meter to each lot.
e. installation of a back-flow preventer (reduced pressure type) for lots
within flood zone areas, and
f. fire hydrants spaced not more than 600 feet apart.
Submit installation plans prepared by a professional engineer. registered in
the State of Hawaii, for review and approval.
2. Obtain prior approval of construction plans and subdivision approvals for
offsite storage reservoirs and booster pump station sites.
3. Prior to preliminary plat map approval for the proposed 407-lot subdivision.
the developer must remit the prevailing facilities charge, which is subject
to change, of $560.250.00 to effectuate the 166-units in accordance with the
Kealakekua Source Agreement.
For the applicant's information, upon project completion, an additional
facilities charge will be applicable should the Water Commission approve a
facilities charge rate increase. The additional amount will be the
difference between the original facilities charge paid and the approved rate
increase.
4. Submit the appropriate documents, properly prepared and executed, to convey
the water system improvements and necessary easements to the Water
Commission of the County of Hawaii prior to final subdivision approval being
granted. A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance document. However, prior to water
meter services being granted to the development, or any lots within, the
conveyance documents shall be accepted by the Water Commission.
5. Comply with all other applicable policies and requirements of the
Department's Rules and Regulations and the Kealakekua Source Agreement.
Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with prevailing water
system conditions. policies, and Rules and Regulations.
Planning Department
Page 3
October 2. 1998
Should there be any questions, please call our~Water Resources and Planning Branch
at 961-8660.
I ~
' Milt D. Pavao, P.E.
~ Man ger
WA:gms
copy - Pualani Estates, Inc., c/o Robert Triantos. Esq.
Mr. Steven S.C. Lim
KONA ISTRS
'U-~ i~ilii .i'+ F'('I 3 55
November 11, 1998
(,vulil~l iL,it,~~l~
Mr. Kevin M. Balog
Chairman
Hawaii County Planning Commission
Planning Department
25 Aupuni Street
Hilo, FFawaii 96720
Re: Pualani Estates, Inc.
Request For Time Extension
REZ 663
Dear Chairman Balog:
Gamrex, Inc., owner of the Kona Vistas subdivision and
development located South of the proposed Pualani Estates
Subdivision has no objection to the request for time extension
by Pualani Estates, Inc./International Assets, Ltd. Economic
conditions in the State of Hawaii have had adverse impacts on
all developments including Kona Vistas. The project as approved
by the Planning Commission will be viable and add to the new
housing stock when financial and market conditions improve.
Since I will not be able to attend your scheduled December 3,
1998 meeting, please note for the record that Gamrex, Inc.
supports the proposed request. Thank you very much.
Respectfully,
` _
Gregg Kashiwa
cc: Carlsmith Ball
EXHIgI'~ 010500
G ,
Site Sales Office (808) 329-9724 Fax (808) 326- 2789
GAMREX, INC. 75-5751 Kuakini Hwy. Suite 209-A Kailua-Kona, HI 96740 (608) 334-1220
CAk,.'SMITH BALL WICHMAN CASE St ICHIHI ~ ~ C.a~~
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANU ENUE AVENUE
POST OPFICE BOX 666
HILO, HAWAII 96721-0686
TELEPHONE (808) 935-66dd
FAX (808) 935-7975
Direct Dial No.: Our Reference No.:
311 034466-2
August 27, 1998 = -
(i!
HAND DELIVERED
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
ti
Re: Change of Zone Ordinance No. 93-76 (REZ 663),
amending Ordinance No. 90-63
Request: Extension of Time for Condition C
(Secure Final Subdivision Approval)
Applicant: Pualani Estates, Inc./International Assets, Ltd.
Puapuaaiki & Puapuaanui, District of North Kona, Hawaii
Tax Ma~Kev 7-5-17.8 and 29 (REZ 663uSUB 90-1431
Dear Ms. Goldstein:
On behalf of applicant Pualani Estates, Inc./International Assets, Ltd.,
this will request afive-year extension of time in which to comply with Condition C of
Ordinance No. 93-76; more specifically, an extension of time from August 9, 1997
through August 8, 2002 in which to secure final subdivision approval for the Pualani
Estates project. Applicant is requesting said extension in order to: 1) resolve title
issues relating to the PA H decision, and 2) to secure funding in order to complete the
project.
2000505.1.034466-2
HONOLULU KAPOLEI HILO KONA MAUI GUAM ~ SAIPAN LOS ANGELES -WASHINGTON, D.C. • MEXICO CITY
Virginia Goldstein
Planning Director
August 27, 1998
Page 2
To that end, enclosed please find the original and fifteen copies of this
letter request and fees in the amount of $250.00 for filing with the Hawaii County
Planning Commission through your office.
This will confirm that we will serve notice regarding this extension
request to property owners within a 300-foot perimeter of the subject properties within
ten days of filing of said request, and that upon service of said notice, we will file with
your office an Affidavit of Mailing attesting to the same.
Please do not hesitate to contact me at 935-6644, should you have any
questions or need additional information concerning the status of the Pualani Estates
project. Thank you for your consideration in this matter.
Very truly yours,
CARLSMITH BALL
STEVEN S. I . LI
SSL:JEC
Enclosure
xc w/enclosure: Grant Johnston
Robert West
Barrie Parker
Robert Triantos, Esq.
200050.1.034466-2