The URL can be used to link to this page

Home My WebLink AboutCOM 1409.000 1994-1996 • .a;ms.4w �P• h+.,'. William G.Davis Stephen K.Yamashiro '• Managing Director Ste P Mayor Henry Cho .r.; q-4 - Deputy Managing Director Count 1Yf puivatii 25 Aupuni Street,Room 215 • Hilo,Hawaii 96720-4252 • (808)961-8211 • Fax(808)961-6553 KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740 (808)329-5226 • Fax(808)326-5663 September 20, 1996 0 rnr- : Honorable Brian De Lima, Chairman and Members of the County Council T - • County of Hawaii P 25 Aupuni Street ~ -1 Hilo, HI 96720 m' Dear Chairman De Lima and Members: Change of Zone Ordinance No. 93-1 (REZ 734) Request: Amendments to Conditions B (1) and S Applicant: Puako Hawaii Properties (Nansay Hawaii, Inc.) Tax Map Key: 6-8-1:25, 36, 37, 38. 39 and 40 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, phen K. YA.shiro Mayor AK:syw LPuako01.MAY Enclosures cc: Planning Commission REZ 734 IA^Q Comm. NG. iitef. Toa_ - ��. Late$E' 2 1996 4 Stephen K.Yamashiro �� ; � Mayor `- Count of Animal PLANNING COMMISSION 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 Fax(808)961-9615 September 20, 1996 Honorable Brian De Lima, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman De Lima and Members: Change of Zone Ordinance No. 93-1 (REZ 734) Request: Amendments to Conditions B (1) and S Applicant: Puako Hawaii Properties (Nansay Hawaii, Inc.) Tax Map Key: 6-8-1:25, 36, 37, 38, 39 and 40 The Planning Commission, after a duly held public hearing on September 19, 1996, voted to recommend for your approval the proposed legislative bill for amendments to Change of Zone Ordinance No. 93-1, which reclassified lands from Unplanned (U) to Residential and Agricultural (RA-la); Multiple Family Residential (RM-4, RM-7 and RM-14.5) and Village Commercial (CV-10). The proposed amendments were to Conditions B(1) and S relating to the water source and fair share contribution requirements, respectively. The project site is located along the mauka side of Queen Ka'ahumanu Highway, approximately one-half mile north of the Waikoloa Road-Queen Ka'ahumanu Highway intersection at Waikoloa, South Kohala, Hawaii, TMK: 6-8-01:25, 36, 37, 38, 39 and 40. 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 93-1 to facilitate the infusion of new capital into the project through the sale of the subject property. The applicant is recommending an amendment to Condition No. B (1)to extend the performance timetable in which to establish assurances that adequate water sources have been established for the proposed development. The Honorable Brian De Lima, Chairman and Members of the County Council Page 2 September 20, 1996 applicant is requesting that a water source be established within two years from this amendment. In summary, Condition B determines the effective date of the zoning of the properties. The Planning Director is recommending new phrasing for Condition B that would bring the requirements of this condition in line with present practice. The present time frame requires the establishment of the water source in two years with a maximum one year extension. The revised wording, which is basically a restatement, would require that a water source be established within three years of this amendment. The zoning would then be effective when the Planning Director certifies that such assurances of a proven water source are satisfactory. This amendment would allow the applicant to develop the water source in conjunction with the subdivision approval process rather than prior to receiving the effective date of the zoning. In line with this procedure and as allowed by the Subdivision Code, is a new Condition T, that would allow for bonding of all improvements through an agreement, assuring that water or any other infrastructural improvements will in fact, be constructed. As the new Condition B is rewritten as a single condition, minor amendments to Condition Nos. C and D are also included to delete reference to (1) and (2) of Condition B. The applicant is also requesting an amendment to Condition S, in regards to the payment of fair share contributions. The applicant proposes to delete the requirement that a pro rata portion of contribution be payable upon conveyance of the lands. Instead, the applicant requests to pay its "fair share"to address the project's impacts on infrastructure, including roads, parks, fire, police and solid waste disposal prior to securing final subdivision or final plan approval. This amendment will bring the conditions of the rezoning in line with current practices related to ensure that infrastructure is provided commensurate with the impacts being generated by the project. Appropriate wording that reflects present practice is included rather than the applicant's suggested wording. For your favorable consideration, an amendment to Ordinance No. 93-1 of the County Zoning Code is transmitted. Honorable Brian De Lima, Chairman and Members of the County Council Page 3 September 20, 1996 We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, if Kevin M. Balog, Chairman Planning Commission AK:syw LPuako02.PC Enclosures cc: Honorable Stephen K. Yamashiro, Mayor Mr. Philip Y. Ho Mr. Keith Kato Department of Public Works Department of Water Supply West Hawaii Office HAW • \ A:\ sAy A I I , I N C . '9c1AUG 13 AM1058 rr 'P 1 . ( VJTVOFHAWAII August 9, 1996 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Amendment Request: Change of Zone Ord. 93-1 Puako Golf Community TMK: 6-8-01:25, 36, 37, 38, 39 and 40 Dear Ms. Goldstein: Nansay Hawaii, Inc. requests certain amendments to change of zone ordinance no. 93-1 to facilitate the infusion of new capital into the project through the sale of the subject property. Nansay has held the Puako property for over five years after acquiring it from Signal Properties. During its tenure, Nansay has diligently proceeded with the pre-development work and secured the zoning of the property, been granted use permits to allow the development of golf courses, drilled a water well on the property and another off of the site, conducted numerous environmental and engineering studies and has developed 107 affordable housing units which are currently serving the South Kohala community. In spite of these efforts, the changing market place has prevented the development of the property as originally planned. Further, Nansay, by itself, can no longer undertake a project of this magnitude due to other financial commitments. Nansay is in discussion with prospective investors with ample resources to bring the property into active use in the future. These investors, however, require two amendments to the change of zoning ordinance prior to their acquisition of the site. (1) An amendment to condition B1 which establishes a time limit for the establishment of assurances to the state and county that adequate water sources have been established for the proposed development. The request is to allow for a two year performance period from the effective date of the proposed amendment: ❑ HONOLULU OFFICE Davies Pacific Center 841 Bishop Street, Suite 1000 Honolulu, Hawaii 96813 808-599-4774 Fax 808-599-5744 Ms. Virginia Goldstein August 9, 1996 Page 2 "(B) (1) the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has (have) been established within two years from the enactment of this ordinance as amended." (underlined added) The amendment of condition (B) (1) will assure the new applicant sufficient time to comply. (2) That condition S be amended to allow the conveyance of the property without requiring the payment of fair share contributions until such time that the property is brought into development. Specifically, the proposed amendment to condition S is as follows: "the applicant shall pay its fair share contribution to address potential regional impacts of the property with respect to fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). [A pro rata portion of the contribution, based upon the density and commercial area of the land affected, shall become due and payable, at the discretion of the County Council, in the event the applicant conveys an ownership, leasehold, or controlling development interest in the land prior to receiving its initial subdivision approval or final plan approval in the proposed project.] Subsequent to the initial subdivision approval or final plan approval, a pro rata portion of the contribution shall be paid by the applicant upon conveyance of an ownership, leasehold, or controlling development interest of any residential lot or unit or, in the case of commercial development, upon conveyance of an ownership, leasehold, or controlling development interest of any commercial lot or on or before the issuance of a building permit for any commercial structure, whichever occurs first. The fair share contribution for each residential lot shall be based on a maximum density for each lot as determined by the Planning Department, with the concurrence of the applicant. The Fair Share contributions shall be as follows: (1) $749,050 to the County to support the fire protection functions in the Kohala region; (2) $324,678 to the County to support police functions within the Kohala region; (3) $6,291,197 to the State or County to support road and traffic improvements within the Kohala region; (4) $366,914 to the County to support solid waste disposal functions within the West Hawaii region. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities meeting with the approval of the appropriate agency." (The sentence to be deleted is bracketed) The removal of the above sentence in Condition "S" will not adversely affect the payment of Fair Share Contributions as development progresses. This amendment will assure the purchaser the feasibility of the proposed project as amended by market conditions from time to time. Ms. Virginia Goldstein August 9, 1996 Page 3 Please be assured that the removal of the above clause is not a case of speculative profit taking. The purchase price represents significant reduction in the investment that Nansay Hawaii, Inc. has made in this project. We hope that the County can support this request and act favorably upon it. We would be happy to discuss this matter with you should you have any questions or concerns on this matter. Sincerely Yours, NANV 4 '►H ' ‘' AII, INC. / , G P hp X. -o PresideAt Bnansa0 l.emm-9!26/96 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PUAKO HAWAII PROPERTIES (NANSAY HAWAII, INC.) AMENDMENT TO CONDITIONS B (1) and S CHANGE OF ZONE ORDINANCE NO. 93-1 PUAKO HAWAII PROPERTIES, has submitted an application for an amendment to Change of Zone Ordinance No. 93-1, which reclassified lands from Unplanned (U)to Residential and Agricultural (RA-la), Multiple-Family Residential (RM-4, RM-7 and RM-14.5) and Village Commercial (CV-10). The proposed amendments are to Conditions B(1) and S relating to water source and fair share contribution requirements. The project site is located along the mauka side of Queen Ka'ahumanu Highway, approximately one-half north of the Waikoloa Road-Queen Ka'ahumanu Highway intersection at Waikoloa, South Kohala, TMK: 6-8-01: 25, 36, 37, 38, 39& 40. GENERAL INFORMATION 1. Ownership: Puako Hawaii Properties, is the fee simple owner of the subject properties. The site was previously owned by Signal Puako Corporation. 2. State Land Use Amendment: In January 1989, approximately 1,600 acres of land were reclassified into the Urban District by Decision and Order dated January 17, 1989, and as further amended in 1991. BACKGROUND INFORMATION 3. October 29, 1992 - The Planning Commission approved Change of Zone to allow the development of an international residential golf community comprised of six villages with a total of 2,658 agricultural and multi-family housing lots\units surrounding six world class 18-hole championship golf courses and related improvements. (See Exhibit A). 4. December 24, 1992 - Change of Zone Ordinance No. 93-1 was approved by the County Council (See Exhibit B). Approximately 1,221.4 acres of land were rezoned from the Unplanned (U) and Agricultural (A-1a), Multiple-Family Residential (RM-4, RM-7 and RM-14.5) and Village Commercial (CV-10). More specifically, the changes were as follows: • • a. Unplanned to A-1 a: 905.11 acre . b. Unplanned to RM-4: 98.008 acres c. Unplanned to RM-7: 49.241 acres d. Unplanned to RM-14.5 187.526 acres e. Unplanned to CV-10 29.626 acres 5. August 9, 1996 - A request to amend conditions B (1) and S of Change of Zone No. 91-3 was filed with the Planning Department. 6. Conditions B and S of Ordinance No. 91-3 states the following: "B. The effective date of the rezoning shall be(1)when the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has (have) been established within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source(s) and is water transmission and distribution system within one year from the official date of compliance with Condition B(1); provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification; "S. the applicant shall make its fair share contribution to address potential regional impacts of the project with respect to fire, police, solid waste disposal facilities, and roads. The fair share contribution shall initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. The fair share contribution described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). A pro rata portion of the contribution, based upon the density and commercial area of the land affected, shall become due and payable, at the discretion of the County Council, in the event the applicant conveys an ownership, leasehold, or controlling subdivision approval or final plan approval in the proposed project. Subsequent to the initial subdivision approval or final plan approval, a pro rata portion of the contribution shall be paid by the applicant upon conveyance of an ownership, leasehold, or controlling development interest of any residential lot or unit or, in the case of commercial development, upon conveyance of an ownership, leasehold, or controlling development interest of any commercial lot or on or before the issuance of a building permit for any commercial structure, which occurs first. -2- The fair share contribution for each residential lot shall be based on a maximum density for each lot as determined by the Planning Department, with the concurrence of the applicant. The Fair Share contributions shall be as follows: (1) $749,050 to the County to support the fire protection functions in the Kohala region; (2) $324,678 to the County to support police functions within the Kohala region; (3) $6,291,197 to the State or County to support road and traffic improvements within the Kohala region; (4) $366, 914 to the County to support solid waste disposal functions within the West Hawaii region. In lieu of paying the fair share contribution, the applicant may construct such improvements/ facilities meeting with the approval of the appropriate agency;" PROPOSED AMENDMENTS 7. Request: In a letter dated August 9, 1996, the applicant has requested amendments to Conditions B(1) and S of Ordinance No. 93-1. (See Exhibit C - Letter of Request dated August 9, 1996) 8. Objectives: The purpose of this request is to amend the performance requirements of Ordinance 93-1 to facilitate the infusion of new capital into the project through the sale of the subject property. An amendment to Condition No. B(1) will extend the time of performance in which to establish assurances that adequate water sources have been established for the proposed development within two years of this amendment. With respect to Condition S, the applicant requests an amendment to delete the requirement that fair share contributions become payable upon conveyance of the land. In its place, the applicant is proposing that it pay its "fair share" to address the project's impacts on infrastructure, including roads, parks, fire, police and solid waste disposal when the property is brought into development. This amendment will bring the conditions of the rezoning in line with current practices related to ensuring that infrastructure is provided commensurate with the impacts being generated by the project. 9. The applicant has submitted the following in support of the request: (See Exhibit C - Letter dated August 9, 1996) AGENCIES COMMENTS 10. Department of Water Supply (August 29, 1996 Memo): "We have no objections to the subject request. "For your information the applicant is required to develop an adequate potable water -3- source with off- and on-site water improvements for the proposed project. "Please refer to our memorandum of September 15, 1992 to you for our comments and requirements." Department of Water Supply(See Exhibit D - September 15, 1992 Memo) 11. Real Property Tax Office(See Exhibit E -August 14, 1996 Attachment Memos) "Foreclosure proceeding to collect delinquent taxes have begun as shownon the attachments. "There are no other comments at this time." 12. Department of Health (See Exhibit F- September 5, 1996 Memo) 13. State Land Use Commission (See Exhibit G - Septembe 4, 1996 Letter and September 13, 1996 Applicant's Letter of Reply) 14. Department of Public Works (September 5, 1996 Memo) "We have reviewed the subject applications and have no comments." 15. Police Department (August 27, 1996 Memo): "We have reviewed amendments for the above-referenced Use Permit and Change of Zone Ordinance and will reserve our comments until ingress/egress road plans are submitted." 16. Department of Transportation (September 3, 1996 Memo) "Thank you for your transmittal of August 21, 1996. "The proposed amendments will not have an adverse impact on our State transportation facilities. "We appreciate the opportunity to provide comments." AGENCIES - NO RESPONSE 17. State Land Use Commission, Fire Department, Parks and Recreation and Department of Public Works. PUBLIC COMMENTS 18. The Department has not received any objections from the general public or adjacent landowners. -4- MttMy "„ PlanningCommission Lorraine R.Inouye `.; ,�. Mayor '':'i` " 25 Aupuni Street, Rm. 109••Hilo,Hawaii 96720 •• (808) 961-8288 • November 2 , 1992 Honorable Spencer K. Schutte, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 • Dear Chairman Schutte and Members: Change of Zone Aplication 92-11 Applicant: Puako Hawaii Properties Request: Unplanned to RM-14 .5, RM-7, RM-4, CV-10 & A-la TMK: 6-8-1:portions of 25. & 36-40 The Planning Commission, after a duly held public hearing on October 29, 1992, voted to recommend for your approval the proposed legislative bill to change the district classification for 1, 269 . 511± acres from Unplanned (U) to the following: 187 . 526 acres to Multiple-Family Residential-14 , 500 sq. ft. (RM-14 . 5) ; 49 . 241 acres to Multiple-Family Residential-7, 000 sq. ft. (RM-7) ; 98 . 008 acres to Multiple-Family Residential-4 , 000 sq. ft. (RM-4) ; 905 . 11 acres to Agricultural-1 acre (A-la) ; and 29 . 626 acres to Village Commercial-10, 000 sq. ft. (CV-10) . The zoning is being requested to implement what is being called the "Puako Residential Golf Community (PRGC) " . The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The requested zone change conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Urban Expansion. This designation was adopted by the County Council during the 1989 General Plan comprehensive update process. The development of 1, 795 residential units/lots and essentially 863 residential/agricultural lots and commercial areas would be in the direction of filiiii0of the overall land use pattern Honorable Spencer K. Schutte, Chairman and Members of the County Council Page 2 for in this area of South Kohala. Such a designation may allow development of a residential community as proposed, provided applicable goals, policies and standards of the General Plan can be met. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. An evaluative corollary of the LUPAG Map is the policy analysis approach. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implication of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Land Use Element of the General Plan state that "Zoning requests shall be reviewed with respect to General Plan designation, district goals, State Land Use District, compatibility with adjacent zoned uses, availability of public service and utilities, access, and public need. " As mentioned previously, the General Plan LUPAG Map designation of Low and Medium Density would allow for the requested uses. The State Land Use Commission approved the Urban designation in 1989. It should be noted that the requested zoning would allow a greater number of units than is planned. The A-la will provide a transitional buffer between the Urban community and Unplanned zoned lots. Therefore, approval of this request will support the Agricultural Land Use Course of Action in the General Plan which reads "The County shall encourage buffer zones or compatible uses between important agricultural land and adjacent uses of land. " The specific land uses would include a variety of residential and 'agricultural' lots varying in size from 7,500 square feet to 1 acre. Other residential units will be multi-family in nature surrounded by open space and golf courses. Additionally, bicycle and pedestrian paths (about 5 miles) and a 16 acre park site is proposed. The area is well-suited for residential uses due to its terrain and view potentials. Further the climate of the area with its comparatively low rainfall and mid-level elevation would be conducive for living units. The variation in residential density should provide for a diversity of choice. Honorable Spencer K. Schutte, Chairman and Members of the County Council Page 3 7 The imposition of an affordable housing requirement as a condition of this approval would provide an additional mix of price ranges and building types in the region. In this manner, the request would complement the following Housing goals and policies articulated in the General Plan: * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Develop better places to live in Hawaii County be creating viable communities with decent housing and suitable living environments for our people. * It shall be the policy of the County of Hawaii to assure that safe, sanitary and livable housing is available to persons of all ages, income and ethnic groups and to provide a variety of choice as to location and types. • The Land Use Element of the General Plan also states that residential and commercial uses shall be developed in areas adequately served by essential services and other infrastructure. Water for the planned development is expected to be provided by the applicant. Consistent with the County's water policy, zoning of the property will not become effective until a source of sufficient quality and quantity to accommodate the development can be assured. Access to the project will be from the Queen Kaahumanu Highway. Interim intersection improvements will be required at the two access points with Queen Kaahumanu Highway. Future long-term highway improvements such as a grade-separated interchange and frontage roads will be required of this project when the Department of Transportation determines they are warranted. A mauka-makai connector road running through the project site will be required to be constructed incrementally with the development or at such time as required by the Department of Transportation. This mauka-makai connector is anticipated to be hooked up to Paniolo Drive to provide a regional system of travel. A minimum 16 acres of land for park purposes will be set aside and maintained by the applicant. Further, approximately 5 miles of pedestrian/bicycle paths will be constructed. The specific amount shall be reviewed and Honorable Spencer R. Schutte, Chairman and Members of the County Council Page 4 approved by the Planning Department in consultation with the Department of Parks and Recreation. Should additional land be required in view of the park dedication code, in-lieu fees may be used to satisfy the balance of this requirement. As mentioned previously, the granting of this request would create a demand for additional police, fire, roads and solid waste facilities. Conditions of this approval will impose a fair share contribution for regional improvements to alleviate this concern. The condition is similar to those imposed on Rohala Joint Venture and Richard Smart Revocable Personal Trust, which are the larger recentlyapproved. g projects technicl icereporteofatheldraftsimpacare tefee ordinancrformed e. The proposed change of zone will conform to the following goals, policies, and courses of action of the Land Use and Residential Elements of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Basic amenities shall be provided to those areas zoned for higher density use. Moreover, the commercial facilities will help to deliver convenient services to the residents in the area. Such services can be accommodated within the village commercial zoned district. Other basic utilities will be made available to the project site. For your favorable consideration, an amendment to Section 25-95A, North and South Kohala Districts Zone Map of the County Zoning Code is transmitted. Honorable Spencer K. Schutte, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the ' staff background for your information. Si rely, • Y612-ei tifet‘C.""Ne., Mike Luce, Chairman Planning Commission Enclosures xc: Thomas H. Yamamoto Police Department Helber Hastert & Lee Fire Department Department of Education Department of Health Department of Public Works DLNR Department of Public Works-Solid Waste Department of Water Supply Department of Transportation-Highways Division Office of Housing & Community Developement Department of Parks & Recreation Mayor Planning Director West Hawaii Office APPROVED: 1111111*. 0 - - . INE . . INO E, YOR LPuako02 .pc • ' I 0 C) °1141) .1110 `°�� M `'' PlanningCommission Lorraine R.Inouye •:A!� _�,.� t.. Mayor ' 25 Aupuni Street,Rm.109•Hilo,Hawaii 96720• (808) 961-8288 f Of M► November 2 , 1992 CERTIFIED MAIL Mr. Thomas H. Yamamoto Chief Operating Officer Puako Hawaii Properties Nansay Hawaii, Inc. PO Box 111222 Kamuela, HI 96743-0020 Dear Mr. Yamamoto: Change of Zone Aplication 92-11 Applicant: Puako Hawaii Properties Request: Unplanned to RM-14.5, RM-7, RM-4, CV-10 & A-la TMK: 6-8-1:portions of 25. & 36-40 The Planning Commission at its duly held public hearing on October 29, 1992, reviewed and acted on the above application for a change of zone for the above described properties. The Commission voted to recommend the approval of the application to the County Council, subject to the following conditions: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The effective date of the rezoning shall be (1) when the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has (have) been established within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed Mr. Thomas H. Yamamoto - November 2 , 1992 Page 2 acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source(s) and its water transmission and distribution system within one year from the official date of compliance with Condition B(1) ; provided that a one-year extension may be granted by the Planning Director with reasonable and sufficient justification. C. Upon compliance with Condition B(1) and (2) , each village shall be developed in two increments. The first increment of each village shall consist of a maximum of sixty percent (60%) of the total number of lots and units proposed within each village. The second increment shall consist of the remaining forty percent (40%) of the lots/units proposed. Subdivision plans or plans for plan approval may be submitted for the second increment only 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/lots and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent (25%) of the number of A-la lots and fifteen percent (15%) of the number of RM lots/units proposed for the first increment in each village. 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 by way of 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 or plans for plan approval for the second increment may be submitted prior to the actual construction of the dwellings in the first increment. D. Upon compliance with Conditions B(1) and (2) , subdivision plans or plans for plan approval for the first zoned increment or portions thereof of the first village, shall be submitted to the Planning Department within one year from the effective date of the rezoning as determined in Condition B and tentative subdivision approval shall be secured within one year thereafter. Final Subdivision approval or final plan approval shall be secured within two years from the date of submitting final subdivision plans or plans for plan approval. Mr. Thomas H. Yamamoto November 2, 1992 Page 3 E. A wastewater treatment plant shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health. F. A drainage system meeting with the approval of the Department of Public Works shall be installed. G. To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall formulate a recreational plan for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation prior to submitting plans for subdivision of any portion of the development. The recreational plan shall (1) calculate the land area required for park purposes pursuant to the Park Dedication Code; (2) analyze adjustments for population characteristics; (3) identify other project recreational elements (pedestrian and bicycle paths) for credit; and (4) set aside a minimum 16 acres of land on the subject property for active park and recreational uses to be improved in conjunction with final subdivision approval of any portion of the first village. Development of the 16-acre park site beyond minimum grading and grassing may be credited against the total park area requirement. The active park shall be improved by grading and grassing in conjunction with final subdivision approval of any residential subdivision and shall remain in private ownership. The park development, maintenance, and operational plan shall be submitted for review and approval by the Planning Department, in consultation with the Department of Parks and Recreation. Additionally, a monetary fee may be contributed to the County of Hawaii in-lieu of the required land area exceeding 16 acres. The monetary fee shall be calculated by methodology and procedure set forth in Sections 8-6, 8-7, and 8-8 of the Park Dedication Code of the Hawaii County Code. H. A revised archaeological inventory survey report and a detailed preservation plan for Site 15, 033 shall be prepared and submitted for approval by the Planning Department, in consultation with the Department of Land and Natural Resources, prior to submitting plans for preliminary subdivision or plan approval review. The plan shall consist of an archaeological data recovery plan and preservation plan. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations in the project area. Mr. Thomas H. Yamamoto November 2 , 1992 Page 4 I . Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls 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, which shall be consistent with the housing policy of the Hawaii County Housing Agency. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of any portion of the residential zoned area; provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. K. A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision approval. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Public Works. L. A botanical preservation and mitigation plan of the Ophioglossum fern and Abutilon menziesii (red 'ilima) shall be submitted to the Department of Land and Natural Resources and the Department of Interior, as appropriate, for review and approval prior to any land alterations on the project site. M. Access (es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: (1) Interim intersection improvements, including full channelization of the northern and southern access road intersections with Queen Kaahumanu Highway, shall be constructed meeting with the approval of the Department of Transportation prior to final subdivision approval of any increment gaining access from the • Mr. Thomas H. Yamamoto November 2 , 1992 Page 5 • respective intersection. The cost of such improvements shall be borne by the applicant and shall not be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition 0; (2) future long-term transportation improvements attributed to the project as identified by the State Department of Transportation, including a grade-separated interchange and frontage road system shall be constructed as required by the Department of Transportation. The applicant's share of the cost of such improvements shall be credited to or deducted from the applicant's fair share contribution for road and traffic improvements as required under Condition 0; (3) the applicant shall participate in the funding and construction of any regional roadway improvements pursuant to an adopted plan, provided that any costs borne by the applicant shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts, as required in Condition 0. N. The applicant shall designate an 80-foot wide mauka-makai road from the eastern property boundary to the Queen Kaahumanu Highway at a location meeting with the approval of the Departments of Public Works and Transportation. The mauka-makai road shall be open for general public traffic. The 80-foot wide mauka-makai road shall be delineated on plans submitted for plan approval review or subdivision. The mauka-makai road may be constructed incrementally with the village development, provided, however, the entire road within the project site, including an interchange at Queen Kaahumanu Highway, is completed either prior to completion of the final village or as required by the Department of Transportation, whichever occurs first. The applicant's share of the cost of these improvements shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts, as required in Condition 0. 0. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Consumer Price Index (CPI) . A pro rata portion of the contribution, based upon the density and commercial Mr. Thomas H. Yamamoto November 2 , 1992 Page 6 area of the land affected, shall become due and payable, at the discretion of the Planning Director, in the event the applicant conveys an ownership, leasehold, or controlling development interest in the land prior to receiving its initial subdivision approval or final plan approval in the proposed project. Subsequent to the initial subdivision approval or final plan approval, a pro rata portion of the contribution shall be paid by the applicant upon conveyance of an ownership, leasehold, or controlling development interest of any residential lot or unit or, in the case of commercial development, upon conveyance of an ownership, leasehold, or controlling development interest of any commercial lot or on or before the issuance of a building permit for any commercial structure, whichever occurs first. The fair share contribution for each residential lot shall be based on a maximum density for each lot as determined by the Planning Department, with the concurrence of the applicant. The Fair Share contributions shall be as follows: (1) $749, 050 to the County to support the fire protection functions in the Kohala region; (2) $324, 678 to the County to support police functions within the Kohala region; (3) $6,291, 197 to the State or County to support road and traffic improvements within the Kohala region; (4) $366,914 to the County to support solid waste disposal functions within the West Hawaii region. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities meeting with the approval of the appropriate agency. P. 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 or final plan approval of any residential area of the development. Q. Comply with the conditions of the State Land Use Commission's Decision and Order. R. Comply with all applicable laws, rules, regulations and requirements. S. 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 ' <111111:4` Mr. Thomas H. Yamamoto November 2 , 1992 Page 7 performance in accordance with the requirements of the Unified Impact Fees Ordinance. T. An annual progress report shall be submitted to the Planning Department prior to the anniversary date of the approval of this change of zone. The report shall address in detail the status of the development of each area (including number of lots created and the number of units constructed) and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Department acknowledges that further reports are not required. U. An extension of time for the performance of conditions, except Condition B, within the ordinance may be granted by the Planning Department upon the following circumstances: (1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (2) granting of the time extension would not be contrary to •the General Plan or Zoning Code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e. , a condition to be performed within one year may be extended for up to one additional year) ; and (5) if the applicant should require an additional extension of time, the Planning Department shall submit the applicant's requrest 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. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Mr. Thomas H. Yamamoto November 2 , 1992 Page 8 Should you have any questions regarding the above, please feel free to contact Connie Kiriu of the Planning Department at 961-8288 . Sincerely, )14412-e' Mike Luce, Chairman Planning Commission xc: Helber Hastert & Lee Mayor Fire Department Planning Director Department of Education Department of Health Department of Public Works DLNR Department of Public Works-Solid Waste Department of Water Supply Police Department Department of Transportation-Highways Division Office of Housing & Community Developement Department of Parks & Recreation West Hawaii Office Plan Approval Section Subdivision Section LPuako0l.pc jdk COUNTY OFOIAWAII. te-_-STATE OF HAWAII BILL NO. 699 (Draft 4 ) ORDINANCE NO. 93 I AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO RESIDENTIAL AND AGRICULTURAL (RA-la) ; MULTIPLE-FAMILY RESIDENTIAL (RM-4 . 0) , (RM-7. 0) AND (RM-14 . 5) AND VILLAGE COMMERCIAL (CV-10) AT WAIKOLOA, WAIMEA, SOUTH KOHALA, HAWAII , COVERED BY TAX MAP KEY 6-8-01:PORTIONS OF 25 , 36, 37, 38 , 39 AND 40 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1. Section 25-95A, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows : The district classification of the following area situated at Waikoloa, Waimea, South Kohala, Hawaii , shall be Residential and Agricultural (RA-la) : ' PARCEL "A" : Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 520 . 11 feet North and 22, 832 . 73 feet West, thence running by azimuths measured clockwise from true South: 1. 264° 30 ' 634 . 00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, Ap. 1 to G.D. Hueu; 2. 279° 30 '. 425 . 00 feet along remainder of R.P. 5671, L.C.Aw. 8521-B, ',p. 1 to G.D. Hueu; eet along remainder of .P. 5671, L.C.AW. 8521-B, p. 1 to G.D. Hueu; EXHIBIT 9 . 36° 30 ' 295 . 00 feet along remainder of R. P . 5671, L.C.Aw. 8521-B , Ap . 1 to G.D. Hueu to the point of beginning and containing an area of 6.542 Acres . 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 effective date of the rezoning shall be when (1) the applicant provides assurance satisfactory to the Departments of Water Supply and Planning , upon consultation with the State Department of Health and the Department of Land and Natural Resources , that a water source(s) of sufficient quality and quantity has (have) been established within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source(s) and its water transmission and distribution system within one year from the official date of compliance with Condition H(1) ; provided that -91- a one-year extension may be granted by the Planning Director with reasonable and sufficient justification; (C) upon compliance with Condition H(1) and (2) , each village shall be developed in two increments. The first increment of each village shall consist of a maximum of sixty percent (60%) of the' total number of lots and units proposed within each village. The second increment shall consist of the remaining forty percent (40%) of the lots/units proposed. Subdivision plans or plans for plan approval may be submitted for the second increment only 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/lots and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent (25%) of the number of RA-la lots and fifteen percent (15%) of the number of RM lots/units proposed for the first increment in each village. 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 by way of 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 or plans for plan approval for the second increment may be submitted prior to the actual construction of -92- the dwellings in the first increment ; (D) upon compliance with Conditions H( 1) and (2) , subdivision plans or plans for plan approval for the first zoned increment or portions thereof of the first village, shall be submitted to the Planning Department within one year from the effective date of the rezoning as determined in Condition H and tentative subdivision approval shall be secured within one year thereafter. Final Subdivision approval or final plan approval shall be secured within two years from the date of submitting final subdivision. plans or plans for plan approval; (E) the applicant shall obtain plan approval from the Planning Director for all uses within 1, 200 feet of Queen Raahumanu Highway right-of-way; • (F) a wastewater treatment system shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health; (G) a drainage system meeting with the approval of the Department of Public Works shall be installed; (H) to ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall (1) construct a 10-acre site within the project site for active park and recreational uses . The park shall be developed and available for public use in conjunction with the completion of the first golf course or the first residential subdivision. The active recreational uses which may include soccer fields, baseball fields, basketball and volleyball courts and football fields, shall be approved by -93- the Planning Department in consultation with the Parks and Recreation Department; (2) set aside an additional 16-acre park site for primarily passive recreational uses. The park shall be developed and available for public use in conjunction with final subdivision approval of the third village and established no later by the year 2000; (3) construct a five-mile bicycle and pedestrian path adjacent to the loop road and frontage road system which shall be improved upon the completion of the loop road and frontage system. Development of the parks beyond the minimum grading and grassing shall be credited against the total park area requirement. The parks shall remain in private ownership and be privately maintained except as may be developed by others. A development, maintenance, and operating plan shall be submitted when appropriate for each park and shall be reviewed and approved by the Planning Department in consultation with the Department of Parks and Recreation; ( I) access to the commercial area, golf academy, pedestrian/bike loop trail, 10-acre and 16—acre parks shall be available for public use; (J) the satisfaction of Condition No. 5 of Use Permit No . 90 shall be complied with by providing Big Island residents 168 rounds of golf daily on reasonably maintained golf courses, and shall be consistent with other terms of the agreement contained as herein attached; (K) a revised archaeological inventory survey report and a detailed preservation plan for Site 15 , 033 shall be prepared and -94- f submitted for approval by the Planning Department , in consultation with the Department of Land and Natural Resources , prior to submitting plans for preliminary subdivision or plan approval review. The plan shall consist of an archaeological data recovery plan and preservation plan. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations in the project area ; (L) should any unidentified sites or remains such as artifacts , shell , bone, or charcoal deposits , human burials , rock or coral alignments , pavings or walls 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; (M) to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the housing policy of the Hawaii County Housing Agency. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of any portion of the residential zoned area; provided that the applicant shall notify the County Housing Agency of any intent to sell , lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior -95- to visible commencement of construction on the property provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency; (N) restrictive covenants in the deeds of all the proposed Residential and Agricultural zoned 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 a typically recorded covenant shall be filed with the Planning Department within one year from the date of final subdivision approval; (0) a solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision approval. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Public Works; (P) a botanical preservation and mitigation plan of the Ophioglossum fern and Abutilon menziesii (red 'ilima) shall be submitted to the Department of Land and Natural Resources and the Department of Interior , as appropriate, for review and approval prior to any land alterations on the project site; (Q) access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows : -96- T • ( 1) Interim intersection improvements , including full channelization of the northern and southern access road intersections with Queen Kaahumanu Highway, shall be constructed meeting with the approval of the Department of Transportation prior to final subdivision approval of any increment gaining access from the respective intersection. The cost of such improvements shall be borne by the applicant and shall not be credited to or deducted from the applicant ' s fair share contribution for road and traffic improvements, as required under Condition S; (2) future long-term transportation improvements attributed to the project as identified by the State Department of Transportation, including a grade-separated interchange and frontage road system shall be constructed as required by the Department of Transportation. The applicant ' s share of the cost of such improvements shall be credited to or deducted from the applicant ' s fair share contribution for road and traffic improvements as required under Condition S; (3) the applicant shall participate in the funding and construction of any regional roadway improvements pursuant to an adopted plan, provided that any costs borne by the applicant shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts , as required in Condition S; (R) the applicant shall designate an 80-foot wide mauka-makai easement from the eastern property boundary to the Queen Kaahumanu Highway at a location meeting with the -97- approval of the Departments of Public Works and Transportation. This easement may be needed in the future for the development of a connector road between Queen Kaahumanu Highway and Waikoloa Village and shall be delineated on plans submitted for plan approval review or subdivision. A final determination as to whether the road is needed and as to its location will be based on regional studies to be completed by the Department of Public Works and/or the Department of Transportation. The applicant ' s share of the cost of this regional road, interchange, roadway improvements, and the cost of the easement shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts , as required in Condition S. The credit shall be based on the value and land use of the property prior to enactment of this ordinance, and shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index. This connector road will be a public right-of-way maintained by appropriate governmental agencies; (S) the applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. The fair share contributions -98- r 4. 4 described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI) . A pro rata portion of the contribution, based upon the density and commercial area of the land affected, shall become due and payable, at the discretion of the County Council, in the event the applicant conveys an ownership, leasehold, or controlling development interest in the land prior to receiving its initial subdivision approval or final plan approval in the proposed project. Subsequent to the initial subdivision approval or final plan approval, a pro rata portion of the contribution shall be paid by the applicant upon conveyance of an ownership, leasehold, or controlling development interest of any residential lot or unit or, in the case of commercial development , upon conveyance of an ownership, leasehold, or controlling development interest of any commercial lot or on or before the issuance of a building permit for any commercial structure, whichever occurs first. The fair share contribution for each residential lot shall be based on a maximum density for each lot as determined by the Planning Department, with the concurrence of the applicant. The Fair Share contributions shall be as follows: (1) $749 , 050 to the County to support the fire protection functions in the Kohala region; (2) $324 , 678 to the County to support police functions within the Kohala region; (3) $6, 291, 197 to the State or County to support road and traffic improvements within the Kohala region; -99- (4) $366, 914 to the County to support solid waste disposal functions within the West Hawaii region. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities meeting with the approval of the appropriate agency; (T) 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 or final plan approval of any residential area of the development; (U) the applicant shall disclose to all potential buyers of lots or units within the proposed project that internal infrastructure and community facilities shall be developed and maintained privately and that the County is not obligated to construct any public facilities within the project area; (V) a fire emergency preparedness and response plan shall be submitted for review by the Planning Department in consultation with the Fire Department and the Civil Defence Agency prior to the issuance of a Certificate of Occupancy for any residential unit . The plan shall be limited to a review of the emergency roadway network and emergency contact people or association; (W) comply with the conditions of the State Land Use Commission' s Decision and Order; (X) No application for real property tax relief shall be made for agricultural use on any -100- lands within this development and a provision shall be recited within the CCR' s , covenants , and deed of the respective properties ; (Y) comply with all applicable laws , rules , regulations and requirements ; (Z) 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; (AA) an annual progress report shall be submitted to the Planning Department prior to the anniversary date of the approval of this change of zone. The report shall address in detail the status of the development of each area (including number of lots created and the number of units constructed) and the compliance with the conditions of approval . This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Department acknowledges that further reports are not required; and, (BB) an extension of time for the performance of conditions, except Condition B, within the ordinance may be granted by the Planning Department upon the following circumstances: (1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (2) granting of the time extension would not be contrary to the General Plan -101- or Zoning Code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i .e. , a condition to be performed within one year may be extended for up to one additional year) ; and (5) if the applicant should require an additional extension of time, the Planning Department 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 the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4 . This ordinance shall take effect upon its approval. INTRODUCED BY: A01604, 1bilk4im'mff° COUNCIL MEMBER COUN OF HAWAII Hilo, Hawaii Date of Introduction: December 2, 1992 Date of 1st Reading: December 2, 1992 Date of 2nd Reading: Decsnber 16, 1992 Effective Date: January 8, 1993 APP VED AS TO FORM AND LEGALITY: if ENWCORPORATION COUNSEL jer DATED: December 24 . 1947 M AW A I I , I N C . • '9E ANUG 13 All 10 58 f'i_ .1 �� CCi ��-�y lJiW + August 9, 1996 Ms. Virginia Goldstein • Planning Director - - - County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Amendment Request: Change of Zone Ord. 93-1 Puako Golf Community TMK: 6-8-01:25, 36, 37, 38, 39 and 40 Dear Ms. Goldstein: Nansay Hawaii, Inc. requests certain amendments to change of zone ordinance no. 93-1 to facilitate the infusion of new capital into the project through the sale of the subject property. Nansay has held the Puako property for over five years after acquiring it from Signal Properties. During its tenure, Nansay has diligently proceeded with the pre-development work and secured the zoning of the property, been granted use permits to allow the development of golf courses, drilled a water well on the property and another off of the site, conducted numerous environmental and engineering studies and has developed 107 affordable housing units which are currently serving the South Kohala community. In spite of these efforts, the changing market place has prevented the development of the property as originally planned. Further, Nansay, by itself, can no longer undertake a project of this magnitude due to other financial commitments. Nansay is in discussion with prospective investors with ample resources to bring the property into active use in the future. These investors, however, require two amendments to the change of zoning ordinance prior to their acquisition of the site. (1) An amendment to condition B1 which establishes a time limit for the establishment of assurances to the state and county that adequate water sources have been established for the proposed development. The request is to allow for a two year performance period from the effective date of the proposed amendment: EXHIBIt q� E HONOLULU OFFICE Davies Pacific Center 841 Bishop Street, Suite 1000 Honolulu. Hawaii 96813 808-599-4774 Fax 808-599-5744 12 BIG S'LANC OFF!C_ B,s,ness Cenrer c 0 Box .. Suite <om eicoNc oh743 0020 808-E85-221:: -` - 1 PAR Ms. Virginia Goldstein tea. August 9, 1996 Page 2 "(B) (1) the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has (have) been established within two years from the enactment of this ordinance as amended." (underlined added) The amendment of condition (B) (1) will assure the new applicant sufficient time to comply. (2) That condition S be amended to allow the conveyance of the property without requiring the payment of fair share contributions until such time that the property is brought into development. Specifically, the proposed amendment to condition S is as follows: "the applicant shall pay its fair share contribution to address potential regional impacts of the property with respect to fire, police, solid waste disposal facilities, and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. The fair share contributions described below shall be adjusted annually based on the percentage change in the Honolulu Consumer Price Index (HCPI). [A pro rata portion of the contribution, based upon the density and commercial area of the land affected, shall become due and payable, at the discretion of the County Council, in the event the applicant conveys an ownership, leasehold, or controlling development interest in the land prior to receiving its initial subdivision approval or final plan approval in the proposed project.] Subsequent to the initial subdivision approval or final plan approval, a pro rata portion of the contribution shall be paid by the applicant upon conveyance of an ownership, leasehold, or controlling development interest of any residential lot or unit or, in the case of commercial development, upon conveyance of an ownership, leasehold, or controlling development interest of any commercial lot or on or before .the issuance of a building permit for any commercial structure, whichever occurs first. The fair share contribution for each residential lot shall be based on a maximum density for each lot as determined by the Planning Department, with the concurrence of the applicant. The Fair Share contributions shall be as follows: (1) $749,050 to the County to support the fire protection functions in the Kohala region; (2) $324,678 to the County to support police functions within the Kohala region; (3) $6,291,197 to the State or County to support road and traffic improvements within the Kohala region; (4) $366,914 to the County to support solid waste disposal functions within the West Hawaii region. In lieu of paying the fair share contribution, the applicant may construct such improvements/facilities meeting with the approval of the appropriate agency." (The sentence to be deleted is bracketed) The removal of the above sentence in Condition "S" will not adversely affect the payment of Fair Share Contributions as development progresses. This amendment will assure the purchaser the feasibility of the proposed project as amended by market conditions from time to time. 1: 1 r pop 4'1 DE )RTMENT OF WATER SU, LY • COUNTY OF HAWAII ,��4r�,,• ' 25 AUPUNI STREET • HILO. HAWAII 96720 TELEPHONE (8081 969-1421 • FAX (8081969.6996 September 15, 1992 ' ;,_ _ ' u TO: Planning Director FROM: H. William Sewake, Manager • SUBJECT: CHANGE OF ZONE APPLICATION (R92-11) APPLICANT - PUAKO HAWAII PROPERTIES "PUAKO RESIDENTIAL GOLF COMMUNITY" • TAX MAP KEY 6-8-01:25, 36-40 Pursuant to Section 23-84 of the Hawaii County Code, a water system shall be provided in accordance with the Department's Water System Standards and Rules and Regulations. Compliance with the following conditions relative to source development and water system design and construction are required. 1. Submit water master plan for the required off-site and on-site water system improvements. The plan shall include design calculations, construction cost estimates and development time schedules. Water system improvements shall include sources, storage reservoirs, booster pumps, and pipelines. 2. Submit construction plans prepared by a registered professional engineer for review and approval . Plans shall include, but not be limited to, sectional drawings, plot plans and maps showing the exact locations for proposed water system facilities, and construction specifications. As-built plans must be submitted after construction. • 3. Submit engineer's and hydro-geologist's report on the sustainable yield of the groundwater aquifer that will be affected by proposed wells. 4. Submit a Well Completion Report as required by the State of Hawaii Department of Land and Natural Resources. 5. Submit test records which shall include time, pumping rate, drawdown, chloride content, and water quality data. 6. Submit engineer's report which complies with applicable rules of the State of Hawaii Department of Health (DOH) . 7. Submit DOH' s approval of all proposed drinking water sources. Walter EXHIBIT . . . l/Valter bri,z j progrei s . . . " •- Ms. Virginia Goldstein August 9, 1996 Page 3 We urge you to act favorably on this request. We will be happy to discuss this matter with you at your convenience. Sincerely Yours, NA - .1' I WAII, INC. / • (2 ' iipo • Presideit NANSAY HA W A I I , I N C . 7 86 SEP 16 pr , 1 16 l-�� September 13, 1996 Cp / Ms. Esther Ueda State Land Use Commission P.O. Box 2359 Honolulu, HI 96804-2359 Re: Change of Zone Amendment Request (REZ 734) Puako Hawaii Properties TMX: 6-8-01:25, 36, 37, 38, 39 and 40 Dear Ms. Ueda: This is in response to your recent letter concerning our requested amendments to the change of zone ordinance. The petitioner and its potential successor are aware of the conditions relating to public play imposed by both the State Land Use Commission and the County of Hawaii. Essentially both conditions require substantial public play on the proposed golf courses. The proposed amendment to the conditions does not change the public golf requirements. What the amendments do is to reflect the proposed changes in golf course increments from three phases containing three, two and one golf courses, to six phases each of would have one course. The total amount of public play would remain the same as will the timing of the requirement. Please contact us again if you have any questions concerning this. Sincerely, NAN `;�� 1 � AlI, INC. i14(. Philip / Ho Preside,t cc: Planning Department Keith Kato / r ❑ HONOLULU OFFICE Davies Pacific Center 841 Bishop Street, Suite 1000 Honolulu, Hawaii 96813 808-599-4774 Fax 808-599-5744 BIG ISLAND OFFICE Kamuela Business Center P.O. Box 111222, Suite 727 Kamuela, Hawaii 96743-0020 808-885-5300 Fax 808-885-7186 " _ Ms. Virginia Goldstein August 6, 1996 Page 2 11. Petitioner shall make available adequate golf tee times no less than 40 percent of the total daily golf tee times at affordable rates for public play by Hawaii State residents. This condition may be fully satisfied by providing public play on 18-hole golf course(s) developed by Petitioner within and/or outside the Petition Area. 2) We note that the proposed changes to Condition No. 2 of the Use Permit include the development of one golf course instead of three in the first phase, and the deletion of the reference to Petitioner making available a golf course for play at comparable municipal rates within the County of Hawaii. In light of this, clarification should be provided as to 1) where the golf course in the first phase will be located (within or outside of the Petition Area?) , and 2) how Petitioner intends to comply with Condition No. 11 of the Commission's Amended Decision and Order. We have no further comments to offer at this time. Thank you for the opportunity to comment on this matter. Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822 . Sincerely, ESTHER UEDA Executive Officer EU:th cc: Office of Planning (Rev. 10/92) COUNTY OF HAWAII 4 REP''* PROPERTY TAX COLLECTION SE"ION 865 PIILANI STREET HILO, HI 96720-4679 PRELIMINARY NOTICE FOR PROPOSED TAX SALE OF REAL PROPERTY AUGUST 14, 1996 PUAKO HAWAII PROPERTIES c/o UNSAY HAWAII, INC 841 BISHOP ST, STE 1000 HONOLULU, HI 96313 SUBJECT: 'I4K 3-5-8-001-025-0000 001 Please be advised that delinquent real property taxes are owed to the County of Hawaii for the subject property. The total amount owed for each of the respective years, including penalty and interest, is listed on the back of this notice. It is our intent to commence foreclosure proceedings to collect the delinquent taxes. This is a preliminary notice that you have fifteen (15) days, from the date listed above, to pay the amount shown on this statement. If you fail to pay the amount by Thursday, August 29,1996, you will be charged title search costs, advertising costs , and other expenses associated with conducting the foreclosure sale. If the amount shown is not paid, any additional costs incurred by the . County, pursuant to the foreclosure action, will be added to that amount to establish the upset price on the date of sale. We hope that your payment is forthcoming to avoid additional and unnecessary costs . Please use the enclosed envelope when remitting payment. PAYMENTS MUST BE MADE BY CASHIER ' S CHECK, TRAVELER'S CHECK, MONEY ORDER, CERTIFIED CHECK, or CASH. REAL PROPERTY TAX COLLECTION SECTION SHELLEY A AOKI PHONE: (808) 961-8401 • EXHIBfl 0 0 . Planning Department September 15, 1992 Page 2 8. Comply with other applicable requirements of the Department's Rules and Regulations, which shall include the construction of all water system improvements and the payment of inspection fees for private water systems and facilities charges and other fees for public water systems. • e47. --,Z;.,... : William Sewake • Manager QA cc - Puako Hawaii Properties Helber Hastert & Kimura I C ^'? O C. M. BENJAMIN J.CAYETANO GOVERNOR -A _� c LAWRENCE MIIKE • i t �� -,,•,' DIRECTOR OF HEALTH 01'. STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO,HAWAII 96721-0916 DATE: September 5 , 1996 c�- TO: Planning Director, County of Hawaii 0 FROM: Chief Sanitarian, Hawaii District SUBJECT: Change of Zone Ordinance No. 93-1 (REZ 734 ) Request: Amendments to Conditions B ( 1) & S Use Permit No. 90 Request: Amendment to Conditions No. 2, 3 , 4 , 5 & 14 Applicant: Puako Hawaii Properties (Nansay Hawaii, Inc. ) Tax Map Key: 6-8-1 : 25 , 36, 37, 38, 39 & 40 The development of a new potable water source is regulated by our Drinking Water Branch (Ph. 586-4258) in Honolulu. The reference Administrative Rules is Chapter 20, Potable Water Systems, Title 11, Department of Health, State of Hawaii. Our Clean Water Branch (Ph. 586-4309) in Honolulu is responsible for the issuance of National Pollutant Discharge Elimination System (NPDES) permits which would regulate and control the grading process of the subject development. This program is also recommending the twelve ( 12 ) point water quality and environmental controls for golf courses. Recommend that the consultant staff for the subject development discuss the concerns listed above with our related program Branches in Honolulu. If there is need for additional information please call my office, Ph. 933-4275 . Underground Injection Systems (Ph. 586-4258 ) which receive wastewater or storm run-offs from the proposed development need Exhibit F ' `4.7/c_57 .-+:.: ,.:: ... -.cmaw.,+..w.r,.weww _ y .,........-.:.wo-..a..u+s:.. ib-Wa&N6xwaw....r..,.3a.e....,..d....u.-ew+s -. , � .,.. ......,�......<...................n:.,,......, +-+*� THE FOLLOWING REPRESENTS A PARTIAL DELINQUENT BILL **4 C (HE66 emN X4'7 ( C TAX MAt' tC ! V_ C C Al115 �r •`3L ( CION CSEC C PLAT ( PAR C HPR ( ( TEN C 3 ( ( 6 C 8 C vol. ( 040 C 0000 ( C 001. ( _( (___(---i C C C C C PENALTY AND INTEREST COMPUTED TO : AUGUST 29 , 1996 YEAR PR GATE OUE TAX AMOUNT PENALTY INTEREST PAY PER TOT YEAR TOTAL 3-94 2 02/20/94 27 ,618 . 50 2 , 761 .85 9 , 114 , 11 39 ,494 , 46; 39 ,49• . '46 4-95 i 08/20/94 19 , 179 . 50 1 ,917 . 95 8 ,860 . 93 29 ,958 . 38 2 02/20/95 19 , 179 , 50 1 ,917 . 95 21 ,097 , 45 SY. ,on . 33 27-96 1 08/20/95 16 ,303 . 50 1 ,630 . 35 3 ,228 . 0? 21 , 161 . 94 2 02/20/96 16 ,303 . 50 1 ,630 . 35 • 17 ,933 . 05 39 ,095 , 7q 6-97 1 08/20/96 8 , 149 . 50 814 . 95 0 .00 8 ,964 , 45 8 ,64 , 4 • ( TOTAL AMOUNT 106 , 734 .00 10 ,673 . 40 21 ,203 . 13 138 ,610 . 53 138 ,610 , j 3 IR CANCELLED CHECK IS YOUR RECEIPT . :E YOUR CHECK PAYASLE TO THE OIRECTOR OF FINANCE . TOTAL 138 ,610 , 53 WITH CASHIER 'S COPY OF BILL TO : - REAL PROPERTY TAX OI4'ISION PILL, NI ST : HILO , HI 96720 : PH (609) 96i-8282 RESSEE : PUAKQ HAWAII PROPERTIES D RE5S : C/0 NANS(4Y HAWAII , INC 841. GISHOF ST , STE 1000 HONOLULU , 1"12: 9617113 1., ti 41) d SMF BENJAMIN J.CAYETANO t ) ESTHER UEDA GOVERNOR EXECUTIVE C°FCER °We17n`tE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT&TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax 808-587-3827 September 4 , 1996 Ms. Virginia Goldstein Planning Director (11 County of Hawaii -c 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: cS� Subject: Change of Zone Ordinance No. 93-1 (REZ 734) : Amendments to Conditions B (1) & S; Use Permit No. 90: Amendment to Condition Nos. 2 , 3 , 4 , 5, & 14 , Puako Hawaii Properties (Nansay Hawaii, Inc. ) , TMK 6-8-01 : 25, 36 , 37 , 38 , 39 & 40 We have reviewed the subject amendments transmitted by your memorandum dated August 21, 1996, and have the following comments: 1) By Amended Findings of Fact, Conclusions of Law, and Decision and Order issued on July 9, 1991, in LUC Docket No. A87-617/Puako Hawaii Properties (fka Signal Puako Corporation) , the Commission amended its previous January 17 , 1989 , Decision and Order to reflect the revised plan for the project proposed on the subject parcels. The revised project, known as the Puako Residential Golf Community, included a low density residential development, two world class championship golf courses, a golf clubhouse, a golf teaching academy, a commercial village center, two parks, and a 1, 200-foot-wide natural open space buffer strip. Petitioner Puako Hawaii Properties also planned to build four additional golf courses and approximately 500 residential lots in the remaining portion of its master planned area outside of the Petition Area. Said approval was subject to 15 conditions, including Condition No. 11 which states the following: Exhibit G • 4/1 \� `1r Planning Director, County of Hawaii September 5, 1996 Page 2 to address the requirements of Chapter 23 , Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control. " 4441.4-% 1/6117...„.„ AARON UENO Chief Sanitarian, Hawaii District WP51.REZ734.mi (Rev. 10/92) COUNTY OF HAWAII P1ZAL PROPERTY TAX COLLECTION F CTION 865 PIILANI STREET HILO, HI 96720-4679 PRELIMINARY NOTICE FOR PROPOSED TAX SALE OF REAL PROPERTY AUGUST 14, 1996 PUAKO HAWAII PROPERTIES c/o NANSAY HAWAII, INC 841 BISHOP ST, STE 1000 HONOLULU, HI 96813 SUBJECT: TMK 3-6-8-001-040-0000 001 Please be advised that delinquent real property taxes are owed to the County of Hawaii for the subject property. The total amount owed for each of the respective years , including penaity and interest, is listed on the back of this notice. It is our intent to commence foreclosure proceedings to collect the delinquent taxes. This is a preliminary notice that you have fifteen (15) days , from the date listed above, to pay the amount shown on this statement. If you fail to pay the amount by Thursday,August 29, 1996, you will be charged title search costs, advertising costs, and other expenses associated with conducting the foreclosure sale. If the amount shown is not paid, any additional costs incurred by the . County, pursuant to the foreclosure action, will be added to that amount to establish the upset price on the date of sale. We hope that your payment is forthcoming to avoid additional and unnecessary costs . Please use the enclosed envelope when remitting payment. PAYMENTS MUST BE MADE BY CASHIER ' S CHECK, TRAVELER' S CHECK, MONEY ORDER, CERTIFIED CHECK, or CASH. REAL PROPERTY TAX COLLECTION SECTION SHELLEY A AOKI PHONE: (808) 961-8401 DELINQUENT RF_AL PROPERTY TAX SILL ' 8 : 09 : 29 THE FOLLOWIN9m1EPRESENTS A PARTIAL DE1QUENT SILL +:+,. • 4, t ei--- '/71 1 TAX MAP KEY { {HE66 { �r -1 1 1 1 1 SL 1 C ZON I EEC 1 PLAT 1 PAR { HPR 1 1 TEN { 3 1 1 6 1 8 1 001 1 039 1 0000 { 1 001 1 1 1 1 PENALTY AND INTEREST COMPUTED TO : AUGUST 29 , 1996 YEAR PR DATE CUE TAX AMOUNT PENALTY INTEREST PAY PER TOT YEAR TOTAL 3-44 2 02/20/94 32 ,981 , 50 3 ,293 . 15 10 ,863 ,89 47 , 163 . 54 47 , 163 , 54 4-95 1 08/20794 25 ,371 .00 2 ,537 , 10 11 , 721 , 40 39 ,629 . 50 2 02;20;'45 25 ,371 .00 2 ,537 . 10 27 ,908 . 10 67 ,537 . 60 5-96 1 05;'20/95 21 ,565. 50 2 , 156 . 55 • 4 ,269 . 97 27 ,992 . 02 2 02:20:'46 21 ,565 , 50 2 , 156 .55 23 , 722 . 05 51 ,714 , 07 6-97 1 08,'20/96 10 , 147 .00 1 ,014 . 70 0 ,00 11 , 161 . 70 11 ; 161 . 7C • • TOTAL AMOUNT 137 ,001 , 50 1.3 , 700 , 1.5 26 ,875 , 26 177 ,576 . 91 177 ,576 . 91 IR CANCELLED CHECK. IS YOUR RECEIPT , :E YOUR CHECK PAYABLE TO THE DIRECTOR OF FINANCE . TOTAL 177 ,S7691 :L WITH CASHIER 'S COPY OF BILL TO : REAL PROPERTY TAX DIVI;3ION ; PIILANI. ST : HILO , HI :76?200 : PH (908?961-8' 8 -----___ . RESSEi•= : PUAKU HAWAII PROPERTIES tODRES5 : C/O NANSAY HAWAII , INC 041. i iSt••tOF' STE , STE 1.000 i..JIMIr;r itl 11 HT �• / ,. .. .... .... ... iii 1.... ac Attillt:i l Ur r 1NANLz (Rev. 10/92) COUNTY OF HAWAII °' R' �, PROPERTY TAX COLLECTION S' -ION 865 PIILANI STREET HILO, HI 96720-4679 PRELIMINARY NOTICE FOR PROPOSED TAX SALE OF REAL PROPERTY AUGUST 14, 1996 PUAKO HAWAII PROPERTIES c/o NANSAY HAWAII, INC 841 BISHOP ST, STE 1000 HONOLULU, HI 96813 SUBJECT: TMK 3-6-8-001-039-0000 001 Please be advised that delinquent real property taxes are owed to the County of Hawaii for the subject property. The total amount owed for each of the respective years , including penalty and interest, is listed on the back of this notice. It is our intent to commence foreclosure proceedings to collect the delinquent taxes. This is a preliminary notice that you have fifteen (15) days, from the date listed above, to pay the amount shown on this statement. If you fail to pay the amount by Thursday,August 29, 1996, you will be charged title search costs, advertising costs, and other expenses associated with conducting the foreclosure sale. If the amount shown is not paid, any additional costs incurred by the . County, pursuant to the foreclosure action, will be added to that amount to establish the upset price on the date of sale. We hope that your payment is forthcoming to avoid additional and unnecessary costs . Please use the enclosed envelope when remitting payment. PAYMENTS MUST BE MADE BY CASHIER ' S CHECK, TRAVELER' S CHECK, MONEY ORDER, CERTIFIED CHECK, or CASH. REAL PROPERTY TAX COLLECTION SECTION SHELLEY A AOKI PHONE: (808) 961-8401 --��vWuca� i Ktitiu rmurtn t i" t HK +-+-* THE FOLLOWING REPRESENTS A PARTIAL QE INGUENT RILL *** 7(.-17 ( 1 TAX MAP KC, IHE66 %rr ! ! 1 I 1 :sL 1 12ON 15EC 1 PLAT ; PAR ; HPR { ; TEN 3 ! 1 6 1 8 ; 001 ; 038 ; 0000 ; ; 001 1 - ! 1 1 1 1 .1 1 1 1 PENALTY AND INTEREST COMPUTED TO: AUGUST 29 , 1996 YEAR PR GATE OUE TAX AMOUNT PENALTY INTEREST PAY PER TOT YEAR TOTAL '3--94 2 02/20/94 36 ,889 . 50 3 ,688 . 95 12 , 173 , 53 52 , 751 . 78 52 , 751 . 9! '4-95 1 08/20/94 29 ,276 , 00 2 ,927 . 60 13 ,525 . 51 45 ,729 . 11 2 02/20/95 27 ,276 . 00 2 ,927 , 60 32 ,203 , 60 77 ,932 , 7: '5-96 1 08:20:95 24 ,884 .00 2 ,488 .40 • 4 ,727 .03 32 ,299 .43 2 02/20/96 24 ,884 .00 2 ,488 . 40 27 ,372 .40 59 ,671 . 82 '6-97 7 1 08/20/96 11 ,067 , 00 1 , 106 . 70 0 . 00 12 , 173 . 70 12 , 173 . 7C TOTAL AMOUNT 156 ,276 . 50 15 ,627 . 65 30 ,626 . 07 202 ,530 . 22 202 ,530 , 22 JR CANCELLED CHECK IS YOUR RECEIPT . <E YOUR CHECK PAYABLE TO THE DIRECTOR OF FINANCE . TOTAL 202 ,530 , 27' LL WITH CASHIER 'S COPY OF BILL TO : REAL PROPERTY TAX 0I4'ISION. PIILANI ST : HILO , HI 96720 : PH 09067961-82B2 1RE1IEE : PUAKG HAWAII PROPERTIES arl.",REi;S : C/O NANSAY HAWAI I , INC' 841 F?ISHOP ST , STE 1.000 (Rev. 10/92) COUNTY OF HAWAII , o RE*4. PROPERTY TAX COLLECTION SF''TION 865 FIILANI STREET HILO, HI 96720-4679 PRELIMINARY NOTICE FOR PROPOSED TAX SALE OF REAL PROPERTY AUGUST 14, 1996 PUAKO HAWAII PROPERTIES c/o NANSAY HAWAII, INC 841 BISHOP ST, STE 1000 HONOLULU, HI 96813 SUBJECT: TMK 3-6-8-001-038-0000 001 Please be advised that delinquent real property taxes are owed to the County of Hawaii for the subject property. The total amount owed for each of the respective years , including penalty and interest, is listed on the back of this notice. It is our intent to commence foreclosure proceedings to collect the delinquent taxes . This is a preliminary notice that you have fifteen (15) days, from the date listed above, to pay the amount shown on this statement. If you fail to pay the amount by Thursday, August 29,1996, you will be charged title search costs , advertising costs , and other expenses associated with conducting the foreclosure sale. If the amount shown is not paid, any additional costs incurred by the . County, pursuant to the foreclosure action, will be added to that amount to establish the upset price on the date of sale. We hope that your payment is forthcoming to avoid additional and unnecessary costs . Please use the enclosed envelope when remitting payment. PAYMENTS MUST BE MADE BY CASHIER ' S CHECK, TRAVELER ' S CHECK, MONEY ORDER, CERTIFIED CHECK, or CASH. REAL PROPERTY TAX COLLECTION SECTION SHELLEY A AOKI PHONE: (808) 961-8401 Ut.r'rim41-1 ,rci DELINQUENT REAL PROPERTY TAX BILL 8 : 02 : 59 -E'+:+ THE FOLLOWINOREPRESENTS A PARTIAL GE tQUENT BILL ** • �` ' )(-17 { TAX MAP KEY { (HE66 1 �4 ( { { { :SL Ott (SEC. ; PLAT { PAR 1 HPR 1 ( TEN 1 3 1 1 6 1 8 1 001 1 037 1 0000 1 1 001 1 - 1 1 ___i 1 1 { 1 1 PENALTY AND INTEREST COMPUTED TO : AUGUST 29 , /996 YEAR PR GATE OUE TAX AMOUNT PENALTY INTEREST PAY PER TOT YEAR TOTAL '3-44 2 02/20/94 36 ,508 . 00 3 ,650 . 80 11 ,752 . 52 51 ,911 . 32 51 ,911 . 3: '4-45 1 08/20/94 26 ,800 . 00 2 ,680 . 00 12 ,381 . 60 41 ,561 . 60 2 02/20/95 26 ,800 . 00 2 ,680 . 00 29 ,480 . 00 71 ,341 . 6 '5-46 1 08/20/95 22 ,781 .00 2 ,278 . 10 ' 4 ,510 .64 29 ,564 . 74 2 02:20/96 22 , 781 .00 2 ,278 . 10 25 ,059 . 10 54 ,628 . 8- P6-97 4 ,628 , 3-6-97 1 08/20/46 8 , 783 .00 878 . 30 0 . 00 9 ,661 . 30 9 ,661. . 3-TOTAL AMOUNT 144 ,453 . 00 14 ,445 . 30 28 ,644 . 76 187 ,543 , 06 187 ,543 , 0 1UR CANCELLED CHECK IS YOUR RECEIPT . =AKE YOUR. CHECK. PAYABLE TO THE DIRECTOR OF FINANCE , TOTAL 1.`37 ,5.3 . 0 AIL WITH CASHIER 'S COPY OF BILL TO ; REAL PROPERTY TAX OIVI ION 65 PIILANI ST : HILO , HI 96720 : PH (808) 961—S2E32 20(2LS3EE ; PU(W J HAWAII PROPERTIES AD1:1t +_'rb . C.'i) NANSAY HAWAII , INC 1.:1 / is I:O F•O P G T . , STI•_ 10 0 e2 DF-RP-D-30 DEPARTMENT OF FINANCE (Rev. 10/92) 0 COUNTY OF HAWAII 4 F L PROPERTY TAX COLLECTION TION 865 PIILANI STREET HILO, HI 96720-4679 PRELIMINARY NOTICE FOR PROPOSED TAX SALE OF REAL PROPERTY AUGUST 14, 1996 PUAKO HAWAII PROPERTIES c/o NANSAY HAWAII, INC 841 BISHOP ST, STE 1000 HONOLULU, HI 96813 SUBJECT: TMK 3-6-8-001-036-0000 001 Please be advised that delinquent real property taxes are owed to the County of Hawaii for the subject property. The total amount owed for each of the respective years , including penalty and interest, is listed on the back of this notice. It is our intent to commence foreclosure proceedings to collect the delinquent taxes. This is a preliminary notice that you have fifteen (15) days, from the date listed above, to pay the amount shown on this statement. If you fail to pay the amount by Thursday, August 29,1996, you will be charged title search costs , advertising costs, and other expenses associated with conducting the foreclosure sale. If the amount shown is not paid, any additional costs incurred by the . County, pursuant to the foreclosure action, will be added to that amount to establish the upset price on the date of sale. We hope that your payment is forthcoming to avoid additional and unnecessary costs . Please use the enclosed envelope when remitting payment. PAYMENTS MUST BE MADE BY CASHIER ' S CHECK, TRAVELER' S CHECK, MONEY ORDER, CERTIFIED CHECK, or CASH. REAL PROPERTY TAX COLLECTION SECTION SHELLEY A AOKI PHONE: (808) 961-8401 **'* THE FOLLOWING REPRESENTS A PARTIAL DEt. NQUENT BILL **# b 'c'7 I ( TAX. MAP KE , { (HE ( ( I I I Sc_ I I ZON I SEC ( PLAT ( PAR { (- PR ( ( TEN =3 ( i6 ( 6 ( 001 ( 025 ( 0000 ( ( 001 { -I I I ( I { I I I PENALTY AND INTEREST COMPUTED TO : AUGUST 29 , 1996 YEAR ( Pty ( OA'rE OUE TAX AMOUNT PENALTY INTEREST PAY PER TOT ( YEAR TOTAL 3-94 ( 2 102/20794 2:1 ,597 , 50 0 , 00 3 , 717 , 6D ( 2 { { 32 ,315 , T.S { 3� ,3:Cs , LE 4-95 ( 1 (08/20/94 20 ,025 . 00 2 ,002 . 50 4 , 251 . 55 ( {? (02;20/95 30 ,025 , 00 ^2, 31 , '74 , O ( I I .00..n , 50 22 ,027 , 50 ( 53 , 306 , :::: (0£1,'2'3;95 17 ,021 .00 1 , 702 , 10 . 3 ,370 . 16 22 ,093 , 26 { ( 2 (02/20;'76 17 ,021 , 00 1 , 702 , 10 ^f . ( { IQ , 7, .,.3 . 10 ( 40 ,31 , 7. 5--97 ( 1 (0.9720;'5'6 8 ,21i , 502 (I t31 , 1.., 0 , 00 9 ,033 , b51 4 ,032 , ', ( I I I I ( ( ( I ( { t t I ( ( { I I ( { 4 ( ( I I I I I I t I I I I I ( ( I { ( • ( I I I I I I t I I I I I ( ( I I I I l I I I I I I { I I I { I I TOTAL AMOUNT 110 , 401 , 00 - -"------'--- 8 ,230 , 35 16 ,339 , 39 135 ,470 , 74 ( 13f ,.470 -.4 R CANCELLEO CHECK IS YOUR RECEIPT , YOUR CHECK PAYABLE TO THE OIRECTOR OF FINANCE . I I TOTS>t_. I 135 ,470 , 74 _ WITH CASHIER 'S COPY Of 8ILL T0 ; REAL PROPERTY TAX OI4tISION F I ILANI ST : HILO , HI 96720 : PH (908) 961—G282 ?ESSEE : t•'UAK.O HAWAII PROPERTIES :1CiRE ; : C/O N,=tNf.;AY HAWAII . INC . e41. 131.SHOP ST , STE 1000