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HomeMy WebLinkAboutCOM 0122.000 1996-1998 a iAti "tV ur,N~ yd.'- VitginiaGoi~tein Ste hen K. Yamashiro ~ ~ _ Dincmr P r L• nr-.^~r-~, Mayor ~ I l~l_i:- ~ _ Norman Olean ~•......°•<N~ Depury Director 7 JR~J 28 ~ifl 8 `f 6 ~II1tlt~~t II~ ~2I ~ Y ~.L~ Rn ~,OUN I Y OF HA'V~/All PLANNING DEPARTMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 (8081961.8288 Fax (806)961.9615 January 27, 1997 Mr. Steven S.C. Lim Carlsmith Ball Wichman Case & Ichiki 121 Waianuenue Avenue Hilo, HI 96721-0686 Dear Mr. Lim: Change of Zone Application No. 93-1 (REZ 752) Change of Zone Ordinance No. 93-131 Applicant: White Hat Development Corporation Annual Progress Report TMK• 7-3-3. 7 and 13 This is to acknowledge receipt of your annual progress report in compliance with Condition T of Change of Zone Ordinance No. 93-131. Thank you for your timely and thorough submittal. A copy of your report will be transmitted to the County Council and Planning Commission for their information as well as made a part of the official file. As a reminder, your next annual progress report is due prior to December 29, 1997. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik at 961-8288. Sincerely, /mow VIRGINIA GOLDSTEIN L/J~lanning Director PF:pak f:\wpwin60\phyllis\lwhiteha.pkf cc/report: West Hawaii Office County Council i Planning Commission ~my4 K0. PYIe IIo. ZNGI~JJ lief. Ta lteP. Date ~dAN 2 0 ?997 CARLSMITH BALL WICHMAN CASE & ICHIHI ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 TELEPHONE (BOB) 935-66A1 FAX (BOfi) 935-7975 January 13, 1997 Via Hand Delivery Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street ~ Hilo, Hawaii 96720 Attention: Phyllis Fujimoto Re: Annual Progress Report Change of Zone Ordinance. No. 93-131 - Change of Zone Application No. 93-1 Applicant: White Hat Development Corp. _ Project: University Heights West Subdivision . - r Tax Map Key: (3) 7-3-003:007 and 017 c' Makaula District of North Kona. County of Hawaii. Dear Ms. Goldstein: Please accept the following as applicant White Hat Development Corp.'s second annual progress report submitted in compliance with Condition T of Change of Zone Ordinance No. 93-131 above-referenced. Status ofProiect A. State i and Use Reclassification. On January 7, 1993, in its Order Adopting Hearing Officer's Proposed Findings of Fact, Conclusions of Law, and Decision and Order, the State Land Use Commission reclassified the subject project site, more particularly described as tax map key parcels (3) 7-3-3:007 and 017, from the State Land Use Agricultural District to the Urban District. 2000658.1.037056-1 ( ~ r a HONOLULU KAPOLEI HILO KONA • MAUI • GUAM SAIPAN LOS ANGELES WASHINGTON, O.C. • MEXICO CITY Virginia Goldstein Planning Director January 13, 1997 Page 2 On July 15, 1996, the Land Use Commission approved an Order Granting Motion to Amend Conditions of Approval, amending Conditions 1, 4 and 5 as follows: 1) Petitioner shall provide affordable housing opportunities for low to moderate residents in the State of Hawaii to the satisfaction of the County of Hawaii. The location and distribution of the affordable housing or other provisions for affordable housing shall be under such terms as may be mutually agreeable between the Petitioner and the County of Hawaii. 4) Petitioner shall fund, design and construct necessary local and regional roadway improvements necessitated by the proposed project in designs and schedules accepted by the State Department of Transportation and the County of Hawaii. 5) Prior to the occupancy of the first house in the subject project, the Petitioner shall provide afair-share contribution for school facilities as determined by the Department of Education. The contribution may be a combination of land, services and/or cash required to address the impact on school facilities. ,egg, E i attached hereto. B. County Rezonine On December 29, 1993, the Hawaii County Council approved Ordinance No. 93-131, rezoning the approximately 23.926-acre project site from an Unplanned (U) to the Single-Family Residential (RS-7.5) designation. On December 16, 1994, the Hawaii County Planning Department approved White Hat Development Corp.'s Application for Planned Unit Development for the construction of a residential subdivision comprised of a maximum of 108 single-family units on the subject project site, with a final unit count pending final action on the subdivision design drawings under review by the Planning Department. Subsequently, in light of the downturn in the real estate market experienced across the State and in the Kailua-Kona area, Applicant downsized its original subdivision plans and was 2000658.1.037056-1 1 Virginia Goldstein Planning Director January 13, 1997 Page 3 granted tentative approval fora 50 residential lot subdivision by the Planning Department on October 11, 1996. Ste, Exhibit B attached hereto. Applicant is currently working with the Office of Housing and Community Development (OHCD) to determine whether certain zoning preemptions under Hawaii Revised Statutes Section 201E-210, "Housing development, exemption from statutes, ordinances, charter provisions, rules", may be utilized for the project, and anticipates a determination by OHCD and the County Housing Agency on the Section 201E-210 issue sometime in January or February 1997. The following responses are based upon the assumption that no HRS 201E preemptions will be applied to the project. Conditions of Rezoning Aooroval/Status of Com IiR ante Condition A: The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. Status: Applicant, its successors or assigns will comply with all of the applicable conditions of rezoning approval for the Project. Condition B: The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within two (2) years from the date of adoption of this Change of Zone ordinance, provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification. The effective date of the Change of Zone shall be upon the formal issuance of all necessary water commitments for the proposed development by the Department of Water Supply. Status: On November 8, 1996, the Department of Water Supply acknowledged receipt of the required $7,500.00 water commitment deposit for the project. ,egg, xhi attached hereto. 2000658.1.037056-1 iJ Virginia Goldstein Planning Director January 13, 1997 Page 4 Condition C: Final Subdivision Approval for the proposed development shall be secured within five (5) years from the effective date of the Change of Zone ordinance. Status: Applicant will comply with the foregoing condition. Condition D: The project site's access intersection with the Mamalahoa Highway shall be constructed and fully channelized in a manner meeting with the approval of the State Department of Transportation, prior to the final inspection and occupancy of the first house(s) within the proposed development. Mitigation measures to improve the operation of Mamalahoa Highway north and south of the project access shall be submitted to the State Department of Transportation in conjunction with the submittal of plans for Tentative Subdivision Approval review and/or with the issuance of a Planned Unit Development (PUD) should such a permit be submitted and approved or whichever occurs first. Status: As stated above, on July 15, 1996, the Land Use Commission amended Condition 4 of its approval for State land use reclassification of the project site as follows: 4) Petitioner shall fund, design and construct necessary local and regional roadway improvements necessitated by the proposed project in designs and schedules accepted by the State Department of Transportation and the County of Hawaii. ,fig, xhi .Applicant will coordinate with the State and County on the design and construction of said roadway improvements. Condition E: Access to the subject property from Mamalahoa Highway intersection shall meet with the approval of the Department of Public Works prior to the issuance of Tentative Subdivision Approval for the proposed development. Status: Srg, response to Condition D above. 2000658.1.037056-1 Virginia Goldstein Planning Director January 13, 1997 Page 5 Condition F: All interior subdivision roadways shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval for the proposed development. The applicant, as maybe required by the Department of Public Works, shall provide dedicated roadway stubouts within the proposed subdivision which would eventually provide access to adjoining properties located to the north, south and west of the project site. Status: response to Condition D above. Condition G: Prior to the final inspection and occupancy of the first house(s) within the subdivision, the applicant shall bond and/or construct that portion of the Kauwila Street extension fronting the subject property which runs from the north and south boundaries of the subject property on lands owned by the State of Hawaii, and shall be constructed to county-dedicabee standards with a sixty (60) foot right-of- way meeting with the approval of the Department of Public Works. Status: $g~, response to Condition D above. Condition H: Drainage improvements shall be provided in a manner meeting with the approval of the Department of Public Works. Status: Applicant will comply with the foregoing condition. Condition I: The applicant shall provide all on- and off-site water system improvements as may be required by, and constructed in a manner meeting with the approval of the Department of Water Supply. Status: On January 2, 1997, the Department of Water Supply approved Applicant's proposal for offsite water system improvements in lieu of installation of an onsite .10 million gallon reservoir. xE hibit D attached. Condition J: In lieu of the actual construction of improvements as required in Conditions D, E, F, G, H and I, the applicant may enter into an agreement with the Planning Department to assure the County that the infrastructural improvements will be 2000658.1.037056-1 } 7 Virginia Goldstein Planning Director January 13, 1997 Page 6 constructed by way of a development agreement, surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and/or filing of the security with the County, Final Subdivision Approval for the proposed development shall be granted prior to the actual construction of required infrastructural improvements. Status: Applicant will comply with the foregoing condition. Condition K: The applicant shall install a wastewater treatment system meeting with the requirements of the Department of Health. Status: As stated above, on October 11, 1996, the Planning Department granted tentative approval of Applicant's downsized plans fora 50 residential lot subdivision, which now allows for individual wastewater treatment systems to be constructed on each lot meeting with the requirements of the State Department of Health. Condition 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 implement the housing plan for the development approved by Resolution No. 505-92 and the December 3, 1992 Agreement between the County of Hawaii and White Hat Development Corp., which shall be consistent with the housing policy of the Hawaii County Housing Agency. 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 the 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. tat c: As stated above, on July 15, 1996, the Land Use Commission amended Condition 1 of its approval for State land use reclassification of the project site as follows: 1) Petitioner shall provide affordable housing opportunities for low to moderate residents in the State of Hawaii to the satisfaction of the County of Hawaii. The location and distribution of the affordable housing or other provisions for affordable housing shall be under 2000658.1.037056-1 Virginia Goldstein Planning Director January 13, 1997 Page 7 such terms as may be mutually agreeable between the Petitioner and the County of Hawaii. ,egg, Exhibit A. As a consequence, Applicant is curcently working with the Office of Housing and Community Development (OHCD) to determine whether certain zoning preemptions under Hawaii Revised Statutes Section 201E-210 may be utilized for the project. Condition M: To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall construct three recreational areas totaling a minimum of 3.5 acres for active and passive recreational uses within the subject property which shall be dedicated and accepted by the County of Hawaii upon its request. The configuration and improvements of the park, including and not limited to grading, grassing, ircigation, fencing, one basketball court, a combination volleyball biddy basketball court, a mini soccer field, and a "tot lot", shall meet with the approval of the Planning Department in consultation with the Department of Parks and Recreation, prior to final subdivision approval. 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 in conjunction with final subdivision approval. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: 1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the park in perpetuity; and 2) empower the County, through the Department of Parks and Recreation, to enforce covenants to maintain the park, authorizing the performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed. The parks and its improvements shall be completed prior to the final inspection and occupancy of the first house(s) within the proposed development. Status: Applicant will comply with the foregoing condition. 2000658.1.037056-1 Virginia Goldstein Planning Director January 13, 1997 Page 8 Condition N: The applicant shall work with the State Department of Education and the Planning Department to provide its pro rata share for school facilities. The pro rata share determination and its implementation shall be approved by the Planning Department, in consultation with the Department of Education, in conjunction with Final Subdivision Approval of the proposed development. Status: As stated above, on July 15, 1996, the Land Use Commission amended Condition 5 of its approval for State land use reclassification of the project site as follows: 5) Prior to the occupancy of the first house in the subject project, the Petitioner shall provide afair-share contribution for school facilities as determined by the Department of Education. The contribution may be a combination of land, services and/or cash required to address the impact on school facilities. $gg, xhi i .Applicant will coordinate with the State Department of Education and County Planning Department to comply with the foregoing condition. Condition O: That a Solid Waste Management Plan meeting with the approval of the Department of Public Works shall be submitted prior to final subdivision approval of the proposed development. Status: Applicant shall work with the applicable State and County agencies to conform to the program goals and objectives of the Integrated Solid Waste Management Act, Chapter 342G, HRS, and any applicable County of Hawaii Solid Waste Management Plan curcently being developed by the County Department of Public Works. Condition P: Should any unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or wall be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken. 2000658.1.037056-1 Virginia Goldstein Planning Director January 13, 1997 Page 9 Status: The State Historic Preservation Division has reviewed the archaeological survey submitted by Applicant for the Property and has stated that the proposed development will have "no effect" on significant historic sites and that no further archaeological work is necessary. ($gg, the Planning Department's Background Report for the subject Change of Zone Application No. 93-1.) Applicant will also comply with provisions of Condition P above, should any unidentified sites or remains be encountered on the Property. Condition O: As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval. Status: Applicant will comply with the foregoing condition. Condition R: Comply with the conditions of the State Land Use Commission's Decision and Order dated January 7, 1993. Status: Applicant will comply with the conditions of the State Land Use Commission's Decision and Order filed January 7, 1993, which reclassified the Property from the State Land Use Agricultural District to the Urban District, as amended by its Order Granting Motion to Amend Conditions of Approval filed July 15, 1996. ,egg, Exhi i Condition S: Comply with all applicable laws, rules, regulations and requirements of the affected agencies. Status: Applicant will comply with all applicable laws, rules, regulations and requirements of the affected agencies. 2000658.1.037056-1 ~ `V Virginia Goldstein Planning Director January 13, 1997 Page 10 Condition T: An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective 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. Status: In compliance with the foregoing condition, Applicant submits herein its second annual progress report. Condition U: Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. Status: Applicant will comply with the foregoing condition. Condition V: An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: a) 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; b) granting of the time extension would not be contrary to the general plan or zoning code; c) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; d) 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 e) 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. 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. Status: Should an extension of time be required for performance of any of the conditions of rezoning approval for the Project, Applicant will comply with the provisions for extension set forth above. 2000658.1.037056-I D Virginia Goldstein Planning Director January t3, 1997 Page 11 Condition W: The applicant shall complete the proposed project in substantial compliance with the representations made before the County Council. Applicant will comply with the foregoing condition. Applicant White Hat Development Corp. respectfully requests that the Planning Department accept its second annual report herein in satisfaction of Condition T above. Please 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 CASE & ICHIKI ~ STEVEN S./C. L l SSCL:JEC J Enclosure xc w/enclosure: White Hat Development Corp. 2000658.1.037056-1 h BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. A92-679 WHITE HAT DEVELOPMENT, CORP. ) ORDER GRANTING MOTION TO AMEND CONDITIONS OF To Amend The Agricultural Land Use ) APPROVAL District Boundary Into The Urban ) Land Use District For Approximately ) 23.926 Acres, At Makaula, North ) f hiS is to Certify that this Is a true and COittCt Kona, Island, County, and State of ) copy of the document on file in the olfice of the Hawaii, Tax Map Key Nos. ( 3 ) ) State Land Use Commission, Honolulu, ):a::~ail. 7-3-03 : 7 and 17 ) JUL , 1 5 199b by J ) Oate Executive %iii;cr ORDER GRANTING MOTION TO AMEND CONDITIONS OF APPROVAL c. - c r . c_r-i - - - m . t.~ p a: _ x- >.n _N C.C J Q' % Z EXHIBIT A ~ ' i BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAT`I In the Matter of the Petition of ) DOCKET NO. A92-679 WHITE HAT DEVE~,OPMENT, CORP. ) ORDER GRANTING MOTION TO AMEND CONDITIONS OF To Amend The Agricultural Land Use ) APPROVAL District Boundary Into The Urban ) Land Use District For Approximately ) 23.926 Acres, At Makaula, North ) Kona, Island, County, and State of ) Hawaii, Tax Map Key Nos. (3) ) 7-3-03: 7 and 17 ) ORDER GRANTING MOTION TO AMEND CONDITIONS OF APPROVAL On June 19, 1996, White Hat Development, Corp. ("Petitioner") filed its Motion to Amend Conditions of Approval ("Motion"), pursuant to section 15-15-94, Hawaii Administrative Rules. The Motion requested the Land Use Commission ("Commission") to amend Condition Nos. 1, 4, and 5, as imposed in the order Adopting Hearing Officer's Proposed Findings of Fact, Conclusions of Law, and Decision and Order issued on January 7, 1993 in the subject docket. On June 25, 1996, the Office of State Planning ("OSP") filed its Memorandum in Response to Motion to Amend Conditions of Approval. On June 26, 1996, OSP filed a Supplemental Memorandum in Response to Motion to Amend Conditions of Approval. The Motion, having come before the Commission at its meeting on June 28, 1996 in Honolulu, Oahu, and the Commission having considered the arguments, both written and oral, provided ~ , by the parties, and the Commission having reviewed the entire record to date of the subject docket, and for good cause shown; NOW HEREBY GRANTS Petitioner's Motion to Amend Conditions of Approval, and accordingly, Condition Numbers 1, 4, and 5 are amended to read as follows: 1) Petitioner shall provide affordable housing opportunities for low to moderate residents in the State of Hawaii to the satisfaction of the County of Hawaii. The location and distribution of the affordable housing or other provisions for affordable housing shall be under such terms as may be mutually agreeable between the Petitioner and the County of Hawaii. 4) Petitioner shall fund, design and construct necessary local and regional roadway improvements necessitated by the proposed project in designs and schedules accepted by the State Department of Transportation and the County of Hawaii. 5) Prior to the occupancy of the first house in the subject project, the Petitioner shall provide a fair-share contribution for school facilities as determined by the Department of Education. The contribution may be a combination of land, services and/or cash required to address the impact on school facilities. - All other conditions to the Order Adopting Hearing Officer's Proposed Findings of Fact, Conclusions of Law, and Decision and Order issued on January 7, 1993, are hereby reaffirmed and shall continue in effect. -2- DOCKET NO. A92-679 - WHZTE HAT DEVELOPMENT CORP. Done at Honolulu, Hawaii, this 15th day of July 1996, per motion on June 28, 1996. LAND USE COMMISSION STATE OF HAWAII By k. A EN K. HOE C airperson and Commissioner By _ ~u.0. ~ lo--- TRUDY K.~ SENDA Vice Chairperson and Commissioner BY P T K. CHUM Com ssio er By ~ M. CASEY JA Commissioner Bye L/// ~ LLOYD F. KAWAKAMI Commissioner gy (absent) MERLE A. K. KELAZ Commissioner gy (absent) EUSEBIO LAPENZA, JR. Commissioner Filed and effective on gy (absent) ~„iy, ~ , 1996 JOANN N. MATTSON Commissioner Certified by: c.~~.,.Jti.,~./ By Executive Officez ELTON ADA Commissioner -3- a BEFORE THE LAND USE COMMISSION • OF THE STATE OF HAWAII In the Matter of the Petition of ) DOCKET NO. A92-679 WHITE HAT DEVELOPMENT, CORP. ) CERTIFICATE OF SERVICE To Amend The Agricultural Land Use ) District Boundary Into The Urban ) Land Use District For Approximately ) 23.926 Acres, At Makaula, North ) Kona, Island, County, and State of ) Hawaii, Tax Map Key Nos. (3) ) 7-3-03: 7 and 17 ) CERTIFICATE OF SERVICE I hereby certify that a copy of the Order Granting Motion to Amend Conditions of Approval was served upon the following by either hand delivery or depositing the same in the U. 5. Postal Service by certified mail: SEIJI F. NAYA, Acting Director CERT. Office of Planning P. O. Box 3540 Honolulu, Hawaii 96811-3540 VIRGINIA GOLDSTEIN, Planning Director CERT. Planning Department, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 RICHARD D. WURDEMAN, ESQ. CERT. Corporation Counsel County of Hawaii The Hilo Lagoon Center 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 STEVEN S.C. LIM, ESQ., Attorney for Petitioner CERT. Carlsmith Ball Wichman Case & Zchiki 121 Waianuenue Avenue Hilo, Hawaii 96720 DATED: Honolulu, Hawaii, this 15th day of July 1996. ESTHER UEDA Executive Officer 40,y<V Or y,~ n I` . Virginia Goldstein Stephen K. Yamashiro Direcor Major • ~ Norman Olrsen Ori ei'M~~~ Depvry Director C~uunfg IIf ~ttivttii PLANNING DEPARTMENT 3 Aupuni Street, Room 109 Hilo, Hawaii 9fi7'_0-{'S2 1808) 961-8288 Fax (3081961-9611 October 11, 1996 Steven S.C. Lim, Esq. Carlsmith Ball Wichman Case & Ichiki Attorneys At Law PO Box 686 Hilo HI 96721-0686 Dear Mr. Lim: TENTATIVE APPROVAL SUBDIVIDER: WHITE HAT DEVELOPMENT CORP. Proposed Subdivision of Lot 2 Portion of Grant 3741 Into Lots 1 thru 51 (Inclusive) at Makaula, North Kona, Island and County of Hawaii TMK: 7-3-003:007 (por.) & 017 (por.) (SUB 96-066) Please be informed that tentative approval of the preliminary plat map received on July 3, 1996 , is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1. Provide a water system meeting with the approval of the Department of Water Supply. 2. Submit water system construction plans for approval by affected agencies. 3. Pay installation and facilities charges as required by the Department of Water Supply. 4. Access to the subject property from the Mamalahoa Highway intersection shall meet with the approval of the Department of Public Works. 5. Identify all watercourses and drainageways and encumber with drainage easements. EXHIBIT B Steven S.C. Lim, Esq. Page 2 October 11, 1996 6. Provide common access encumbering the side-by-side poles of Lots 33 and 34 from Road "C" to the northern boundary of Lots 33 and 34. Identify easement by azimuthsldistances on the final plat. 7. For Lots 46 and 50, provide 10-ft. wide "no vehicular access" planting screen easement fronting Road "B". 8. For Lots 5, 6, 11, 12, 17, 18, 23 and 24, provide 10-ft. wide "no vehicular access" planting screen easement fronting Road "C". 9. The Road "C" and Road "A" intersection layout as shown on the preliminary plat does not satisfy Department of Public Works standards. Roadway design including allowable street grades and minimum curve radii shall conform to the standards of the "Hawaii Statewide Uniform Design Manual for Streets and Highways" and the "American Association of State and Transportation Officials." 10. Align the Road "B" stub-out on the northern boundary of the subdivision with Road "F" stub-out of Makalei Plantations Subdivision. 11. Refer Change of Zone Ordinance No. 93 133. For the portion of Kauwila Street between the north and south boundaries of the subdivision, provide minimum 20-ft. wide dedicable pavement with paved shoulders and swales within a minimum 60-ft. width right-of-way conforming to Department of Public Works Standard Detail R-34. 12. -Final plat map shall not reflect any roadway remnants. 13. Based on the prevailing RS-7.5 zoning, construct Road "C", Road "B", and Road "1" with minimum 20-ft. wide dedicable pavement and with concrete curbs, gutters and sidewalks within a minimum 50-ft. wide right-of-way conforming with Standard Detail R-32 with horizontal and vertical alignment based on 35 mph design speed. 14. For Road "D", Road ' E", Road "F", Road "G" and Road "H", construct minimum 16-ft. wide nondedicable pavement within a minimum 20-ft. width right-of-way conforming to Standard Detail R-39. 15. Submit construction plans and drainage report for review and comment. a. Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned drywells, satisfy Department of Health (DOH) drywell requirements, including issuance of an underground injection control (UIC) permit to the subdivider. b, Install streetlightslsignslpavement markings as required by the Traffic Division, Department of Public Works. Steven S.C. Lim, Esq. Page 3 October 11, 1996 c. Identify all private roadways on the construction plans 16. As a condition of subdivision final approval, record a deed covenant stating that the roadways are privately owned and not maintained by the County. 17. All access and sight distance onto the state highway shall comply with the requirements of the State Department of Transportation, Highways Division. 18. The proposed subdivision name, "University Heights" is a duplicate subdivision name of another subdivision in the County. Anew proposed subdivision name shall be subject to approval by the director. 19. Comply with all conditions of approved Change of Zone Ordinance No. 93 131 (REZ 752), Land Use Commission Approval (LUC 832) and Planned Unit Development Permit (PUD 52). 20. Submit written proof that all taxes and assessments on the property are paid to date. 21. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 22. Submit nine (9) copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or before October 11, 1997. If not, tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty- - five (45} days before the expiration of said period of one year. 23. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three (3) years of said tentative approval, on or before October 11, 1999. An extension of not more than two (2) years may be granted by the director upon timely written request of the subdivider. As part of final plat map submittal, the Planning Director requests an additional copy of the final plat map be submitted as a ".dwg" or ".dxf' diskette file prepared by CAD software. Please submit proposed street names conforming to the adopted street naming policy of the County of Hawaii. You should be aware that if at any time during the fulfillment of the foregoing conditions, that environmental andlor problems emerge; problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date, this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. Steven S.C. Lim, Esq. Page 4 October 11, 1996 No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, VIRGINIA GOLD IN Planning Director ETC:Inm 96066whi.ten Enc.- PPM (recd 7-3-96) xc: Manager, DWS Chief Engineer, DPW Sanitary Engineer, DOH District Engineer, DOT PLNG-KONA DPW-ENG-KONA White Hat Development Corp. Leo Fleming, C.E. REZ 752 (Ord. 93 131); LUC 832; PUD 52; SUB 6752 Q` wl/f4 f~i 11~ 11 r DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII yl~0f "1w1"'~, 25 AUPU NI STREET MILO, HAWAII 96720 7ELEPFIONE (808)969~ia21 FAX (80619696996 November 8, 1996 White Hat Development Corp. 130 Kailua Road, Suite 110 Kailua, HI 96734 SUBDIVISION APPLICATION N0. 96-66 TAX MAP KEY 7-3-3:7 (POR.) AND 17 (POR.) This is to acknowledge receipt of the required $7,500.00 water commitment deposit. For your information, water to the proposed subdivision will be available upon completion of the Honokohau Production Well, storage, transmission pipeline, and necessary suppogting facilities. Completion of the project is tentatively scheduled for July 1997. In accordance with the Department's "Water Commitment Guidelines Policy," a water commitment for 50 additional lots in the proposed 51-lot subdivision in the amount of 30,000 gallons per day is hereby granted until October 31, 1999 with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. on-site reservoir, minimum of 100,000 gallons, b. water ~~,ains capable of delivering water at adequate pressure and volume under peak-flow conditions: minimum diameter of mains shall be 6 inches, c. service laterals that will accommodate a 5/a-inch meter to each lot, and d. fire hydrants spaced not more than 600 feet apart. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $127,950.00 and $25,000.00, respectively. For your information, the total facilities charge requirement, which is subject to change, is $135,450.00. Effective July 1, 1997, the total facilities charge and facilities charge balance will increase to $169,313.00 and $161,813.00, respectigv~el~y. However, the total water commitment deposits - I/Vafer Irin~e pro~reee... EXHIBIT C White Hat Development Corp. Page 2 November 8, 1996 paid to date is $7,500.00. Water commitment deposits are credited toward the final facilities charge requirement for the development. Note that the amount of water commitment deposits may exceed the prevailing facilities charge amount, for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $127,950.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. 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. for your information, water meter service will be granted only upon conveyance of the water system improvements, together with all necessary easements, to the Water Commission of the County of Hawaii. Should there be any questions, you may contact our Water Resources and Planning Section at (808) 961-8660.. . Milton D P vao, P.E. Manager WA:cmk copy - Pianning Gepartment ' Mr. Steven S. C. Lim, Esq. Lea Fleming, Ltd. Customer Service Sections (Hilo, Ka'u, Kona, and Waimea) of w~r7w f f~: u~ O DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII l~wr x~w~~~'~', 26 AUPUNI STREET HILO, HAWAII 96720 TELEPHONE (60819697421 FAX (80619fi 9-6996 January 2, 1997 White Hat Development Corp. 130 Kailua Road, Suite 110 Kailua-Kona, HI 96734 OFF-SITE WATER SYSTEM IMPROVEMENT ALTERNATIVE SUBDIVISION APPLICATION N0. 96-66 TAX MAP KEY 7-3-003:007 (POR.) AND 017 (POR.) As a condition for subdivision approval, the following alternative (see attached map) would function satisfactorily without the installation of an onsite .10 million gallon reservoir. This alternative would meet requirements of our Water System Standards. SERVICE FROM THE KONA HIGHLANDS RESERVOIR (1 M 16 8 F ET OF) This would include the following off site improvements: 1. 2,300 feet extension of 6-inch waterline from an existing 6-inch waterline within Oluolu Street, and 2. 1,400 feet extension of 6-inch waterline from the end of a 6-inch waterline within Kaalele Street. Onsite improvements would include, but not be limited to: minimum 6-inch distribution waterlines, service laterals, fire hydrants, and a pressure regulating valve (PRV) at elevation 1328 feet within the subdivision. The acquisition and conveyance of necessary easements, and the construction of the maintenance access roads for the 6-inch waterline extension would be your responsibility. If you should have any further questions, please contact the Water Resources and P Wing Branch at 961-8660. ' ton Pavao, P.E. Manage GGA:gms Enc. q~~ / UVaEer brin~~ proSr¢dd EXHIBIT D