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BEFORE THE LEEWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII EXHIBIT LIST SPECIAL PERMIT APPLICATION NO.20-000218 (SPP 20-000218) APPLICANT: DOUGLAS AND KATHRYN HICKEY TAX MAP KEY: (3) 7-6-002:028: Portion of 0001 Planning Department Exhibit 1: Special Permit Application contained in letter from Zendo Kern dated May 27,2020. Planning Department Exhibit 2: Letter dated July 2,2020 from Zendo Kern containing supplementary information Planning Department Exhibit 3: Email dated March 5,2020 from John Pipan containing Declaration of Condominium Property Regime for Greener Pastures Planning Department Exhibit 4: September 8,2020 printout of January-March 2021 event calendar from Applicant's website AGENCY COMMENTS Planning Department Exhibit 5: Department of Public Works,Engineering Division- September 3, 2020 memo. Planning Department Exhibit 6: Department of Water Supply-July 23,2020 letter. Planning Department Exhibit 7: Fire Department-August 10,2020 letter. Planning Department Exhibit 8: Department of Land and Natural Resources, Engineering Division and Land Division-August 12, 2020 memo. Planning Department Exhibit 9: Department of Land and Natural Resources,Historic Preservation Division-July 28,2020 letter. Planning Department Exhibit 10: Department of Land and Natural Resources, Department of Forestry and Wildlife- August 13,2020 memo. Planning Department Exhibit 11: State Office of Planning-August 10,2020 letter. Planning Department Exhibit 12: State Department of Health-August 10,2020 memo. PUBLIC COMMENTS Planning Department Exhibit 13: Email from Tom Buckner dated April 27,2020 containing letter dated April 27,2020 from Thomas Buckner& Wendy Mitchell(Unit 3),Audrey& Steve Grossman (Unit 2) and Pamela Parker& Cliff Kabumoto (Unit 4). Planning Department Exhibit 14: Condominium Public Report for Greener Pastures received on May 4,2020 from Thomas Buckner. Planning Department Exhibit 15: Letter dated August 16, 2020 from Ann Ferguson. Planning Department Exhibit 16: Letter dated August 18,2020 from Ranae Bamsey. Planning Department Exhibit 17: Letter dated August 29,2020 from Clare Bobo. Planning Department Exhibit 18: Undated letter from Jileen Russell. Planning Department Exhibit 19: Letter dated August 14,2020 from Karen Loudon. Planning Department Exhibit 20: Letter dated September 3,2020 from Chef Martin Rathbun. Planning Department Exhibit 21: Letter dated August 24,2020 from Shawn Steiman. Planning Department Exhibit 22: Letter dated August 16,2020 from Ursula Vietze. Planning Department Exhibit 23: Letter dated August 26,2020 from Jim& Jane Morrill. Planning Department Exhibit 24: Undated letter from Luis Castillo. Planning Department Exhibit 25: Undated letter from Ana Rodriguez. Planning Department Exhibit 26: Undated letter from Lauren Eaton. Planning Department Exhibit 27: Undated letter from Ellen Keehan & Kristen Lagasse. Planning Department Exhibit 28: Undated letter from Brianne Limani. Planning Department Exhibit 29: Undated letter from Kiley Kelson. Planning Department Exhibit 30: Undated letter from Aly Dove. Planning Department Exhibit 31: Undated letter from Michael Bell. Planning Department Exhibit 32: Undated letter from Meredith Michael. Planning Department Exhibit 33: Undated letter from Bonita Lao. Planning Department Exhibit 34: Undated letter from Heather Carvalho. Planning Department Exhibit 35: Undated letter from Erin Pasco. Planning Department Exhibit 36: Email dated September 8,2020 from Wendy Mitchell containing petition in opposition of the Application. I i i 4 i KERN 194 Wiwoole St. Hilo, HI 967201808) 333-3393 i ASSOCIATES info(izendokern.com May 27, 2020 i•-:-''' 10• Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject:Special Permit Application- Resubmittal 4 Applicant: Douglas Leider Hickey and Kathryn Hickey k Holualoa,North Kona, Hawaii TMK: (3) 7-6-002: 028-0001 J Transmitted here within for your review and processing is the resubmittal of an application requesting a Special Permit for the above referenced applicants. They are requesting the Special Permit to allow for the operation of a venue for weddings and similar gatherings on an approximately 2-acre portion of the 20-acre subject property in Holualoa, Hawaii. The subject property is located at 76-1297 Waiono Ranch Road,approximately 1.4 miles east of its intersection with Mamalahoa Highway. The subject property is zoned Agriculture 20- acre(A-20a). 1 The transmittal includes a) an email from the Planning Department with continents dated 4/27/20; b) a letter addressing the comments made in the 4/27/20 email; c) the return letter 1 from the Planning Department dated March 9, 2020: d)original (signed) and twenty(20) copies of the application firm and background/environmental report, which includes the location and proposed site plan; e) a copy of the receipt for the tiling fee which was previously submitted to your office; fl a full-size(2`x3`) scale-drawn copy of the proposed site plan; g) a list of surrounding property owners within five hundred (500) feet of the subject parcel; h) a certificate of tax clearance from the Hawaii County Real Property Tax Office and; i) a letter of authorization allowing my office to tile the application on the property owner's behalf. We trust that everything is in order for your acceptance and processing of this application. 1 If not or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. 1 Since '1 3 ZENDO KERN Planning Consultanti 1 I Enclosures Copy-- Douglas and Kate Hickey 1 Planning Dept. Exhibit / IN54- Hickey Special Permit Application From: Jackson, Maija <.A1aijil ad,,sol r him v > To: "Zendo Kern"<„70it1ouicr1k1okc111.conl> hCc: "Darrow,Jeff`=. ..ltl:llli , :t hall Date: Mon, 27 Apr 2020 11:18:57 -1000 Subject: Hickey Special Permit Application Forwarded message == ---_-- Hi Zendo, I hope you are doing well and staying healthy during this pandemic. Thank you for making most of the changes we requested in the previous letter. I reviewed the Hickey app resubmittal and listed below are a few more items that need to be addressed before we can accept for processing. 1. The owners of the three other CPR units are claiming that the Public Condominium Report states that commercial uses are not allowed in the CPR. Please provide a copy of any bylaws or public reports,or disclosures associated with this CPR so the Department can verify whether the proposed use is allowed in the CPR unit. 2. Please again clarify whether the existing home or property will be used for weddings prior to the new venue structure being built. It seems that the applicant is proposing to stop the wedding venue use on the property until the new structure is built,but we need confirmation of that. If they intend to continue the use in the house until the new venue is built we need a floor plan of the existing house and description of where the activitiesk 7 are occurring in the house. 3. Please provide a copy of the condominium map referenced in the Declaration Document so that the Commission can see the four CPR units in relation to each other. 4. The application indicates no amplified outdoor music will occur. Is the applicant proposing amplified music or speaking within the open (wall-less) 2,000 square-foot portion of the venue structure? It is common for wedding ceremonies to use some form of amplification so that tall of the guests can hear so please indicate if that will occur for the proposed use. 5. There are several references in the application to this wedding venue being part of an agricultural tourism operation but our records do no show that the applicant has received Plan Approval for an ag tourism operation. Section 25-4-15(c) states that if the operation does not conform to the ag tourism requirements, a Special Permit is required which you are applying for. However, the application should discuss the code sections that the operation does not conform with, such as Section 25-4-I5(d)(1), (2), (5),(6), and (8) if applicable. Also the site plan needs to show the location of the coffee farm. 6. The application says that"The applicants will limit guests to bring 20 vehicles to the venue, shuttles will be required for larger parties'. Can you clarify what "shuttles" means? Is this referring to vans, buses or catching an Uber or Lyft rather than bringing a personal vehicle to the site? 7. Please clarify whether the kitchen in the venue is for guests and caterers to use to prepare food onsite. I understand the applicant will not be preparing food for the guests. I can put the applications on the front counter if you would like to come in and change out certain pages. Or if it is easier to return them we can do that too. Just let me know. Do you want me these changes in letter signed by the Director or is this email sufficient for you? Thanks Zendo. Give me call if you want to discuss. Maija 3 aI fi r, 3 x 1 i:a 411 i 194 Wiwoole St. Hilo, HI 96720 r 808) 333-3393 i ASSOCIATES info zendokern.com 1 a I May 26, 2020 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII a£ 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject:Special Permit Application Applicant: Douglas Leider Hickey and Kathryn Hickey Holualoa, North Kona, Hawaii TMK: (3) 7-6-002: 028-0001 In response to your request on April 27th for additional information relating to the above referenced application, please see the following: 1. See attached CPR Bylaws and Public Report. Note: Section 5.3 of Bylaws - Use of Project(I) All units of the Project shall be occupied and/or used by the respective owners thereof, their tenants, families, domestic servants and guests, and only for such purposes as may be permitted under applicable zoning ordinances. 2. The applicants intend to honor existing reservations, using temporary tents and portable toilets for events. 1 3. See attached CPR Map provided with the CPR Bylaws as Exhibit D. 4. Ceremonies will occur either inside the venue or outside the venue on the surrounding grounds(within the proposed SPP area). The applicants are committed to mitigating any potential noise impacts from the proposed use. If required as a condition of approval the applicants would limit volume on a supplied PA system for any ceremonies wishing to use such a system. Limits on volume could be established by monitoring of noise levels along property boundaries nearest the neighboring homes.i i Further the proposed venue includes sliding glass doors that would be closed prior to playing of music. Other methods of noise abatement such as vegetative screens are being evaluated and may also be incorporated as conditions of approval. i 5. See revised conceptual site plan Figure 2. Additional information regarding Ag I tourism regulations relating to the proposed use are described in section 3C. i 6. A "shuttle" in this case refers to a passenger van or bus(not a taxi, uber, lyfi or similar) hired to transport guests from their lodgings to the venue and return them to their lodgings at the conclusion of the event. The objective of the shuttle being the reduction of traffic due to the proposed use on the access roads. 1 z 194 Wi4vaole St. Hilo, Hl 96720 808) 33-3393 ASSOCIATES into(izendokern.com 7. No food preparation will occur for guests in the venue kitchen or in the applicant's home kitchen. As stated previously caterers or guests will bring already prepared ji food to be served at the venue. Alternately, food trucks may set up on site and T prepare food. The venue kitchen is intended for plating and dishwashing. 1 4 Also,in response to an email dated May 1'l requesting information regarding a possible addition within an access easement serving Units 1 &4. The applicants have ceased any 4 unpermitted uses in the agricultural buildings and are working to resolve the encroachment issue within the CPR Association. The improvements will either be permitted as-built or returned to previous permitted conditions. The applicant's counsel has provided a letter addressing issues regarding the easement. i Counsel's opinion follows: 4 The Declaration describes your driveway access to Unit 4 as a non-exclusive easement "for i ingress and egress andJim-utility access purposes". There are no utilities, so the utilized s portion (and not the entire 50'width) only is allowed,for you to access your property. l t As the structure in question is not within the County setback area, any further agreements necessary to resolve issues with the siting of the structure can be resolved with the CPR Association and affected parties. 1 5 We trust that everything is in order for your acceptance and processing of this application. I i If not or if there are questions relating to this matter, please feel free to direct them to me. 1 Thank you very much. i v Sincerely, 11 i ZENDO KERN 1 Planning Consultant 1 Enclosures g Copy --- Douglas and Kate Hickey i 1 1 i i i i 1 1 S t I t LAW OFFICES OF ALAN H. TUHY I 78-7100 Kamehameha Road 111. Suite 405 Kailua-Kona. Hawaii 96740 I 808) 329-5678 FAX (808) 329-5788 othyakwiamo i May 20, 2C20 11 CERTIFIED MAIL/RETURN RECEIPT REQUESTED 1 i1 Parker/Kabumoto LLC Parker/Kabumoto LLC i C/O Pamela Parker C/O Pamela Parker PG Box 40 73-4670 Kahualani Rd Holualoa, HI 96725-0040 Kailua-Kona, HI . 96740 1 I RE: Greener Pastures Driveway Easement 1 Dear Ms Parker: 1 This letter will serve to introduce this office as counsel I 1 for the Hickeys who own Lot 1 of the Greener Pastures Condominium i 1 Project concerning the recent spraying of chemicals on their property in the area of the driveway access. f i The Declaration describes your driveway access to Unit 4 as a 1 non-exclusive easement "for ingress and egress and for utilityIi access purposes" . There are no utilities, so the utilized portion 1 and not the entire 50' width) only is allowed for you to access your property. The maintenance obligations are mutual between these two units and presuppose cooperation in clearing and weed suppression efforts. On February 26, your gardener sprayed Round Up in areas outside the established roadway without prior notice t or consent of the Hickeys. 1 i 1 Hawaii law provides that you have the right to use the access road in a manner that is reasonably necessary for that purpose but you cannot damage the Hickey' s property or interfere with their right to enjoy it . Because they are engaged in organic farming,1 use of chemicals for weed suppression is anathema to the reasonable enjoyment of their land. i We write to advise you of these restrictions on spraying and1 to elicit your cooperation in any future maintenance activities. The Hickeys remain ready, willing and able to coordinate regular maintenance and request that you notify them (through this office) of any specific concerns (e.g. height of fauna) so they can address them with their landscapers . Ii I i 1 1 i Parker/Kabumoto LLC May 20, 2020 Page 2 The Hickeys wish to work with you to see that your access remains clear and no damage is done to vehicles using it; we wish to have this letter memorialize your agreement with the Hickeys as follows : 1) No chemicals will be used for weed control; 2) The Hickeys will let you know when their landscapers are to do maintenance and elicit your input on specific directions you wish to have carried out; 3) All reasonable requests from you for that purpose will be followed and you will not do any clearing or maintenance in the roadway absent written consent by the Hickeys. 4 ) Costs of clearing and maintenance the Hickeys direct will be paid by them without contribution from you; if at a future date utilities are proposed V come into your property, you will notify the Hickeys and get their consent to proposed work which consent will not be unreasonably withheld. To acknowledge these terms, we enclose a copy of this letter with a place for you to sign. Kindly in any case reply either by phone, e-mail or return correspondence and make all communications to the undersigned. To assure delivery of this to you, additional copies are being sent by regular mail to the addresses above. Thank you in iiadvanceforyouranticipatedcooperationandreplybyreturnof the attached copy signed to our office. Very truly yours, ALAN H. TUHY uo/jL cliests Almc ,sac hy 'el,l°, p*. ! n's: ` ,p v1 10 xi'h ackn^vlej4=mcnc 1i! i y 194 Wiwoole St. Hilo, HI 96720 j i 808) 333-3393 jri4 ASSOC ItV I'E` info'u?zendokern.com a 1 April 13. 2020 hall t= qty A, Mr. Michael Yee. Director APR '3 2024 i r,Planning Department REC VED COUNTY OF HAWAII COutm'or •WAU; P. MN j 101 Pauahi Street EPT i Hilo, Hl 96720 Dear Mr. Yee: l Subject:Special Permit Application - Resubmittal i Applicant: Douglas Leider Hickey and Kathryn Hickey i t Holualoa, North Kona, Hawaii TMK: (3) 7-6-002: 028-0001 t Transmitted here within for your review and processing is the resubmittal of an application requesting a Special Permit for the above referenced applicants. They are requesting the I Special Permit to allow for the operation of a venue for weddings and similar gatherings on Ian approximately 2-acre portion of the 20-acre subject property in Holualoa, Hawaii. The subject property is located at 76-1297 Waiono Ranch Road. approximately 1.4 miles east of I its intersection with Mamalahoa Ilighw ay. The subject property is zoned Agriculture 20- cure (A-20a). The transmittal includes the a) the return letter from the Planning Department dated March 9. 2020: b)original (signed) and twenty (20) copies of the application form and g background/environmental report which includes the location and proposed site plan: c) a It copy of the receipt for the filing fee which was previously submitted to your office:d) a full- tsize (2'x3`) scale-drawn copy of the proposed site plan, e)a list of surrounding property owners within five hundred (500) feet of the subject parcel: t) a certificate of tax clearance f from the Hawaii County Real Property Tax Office and: g) a letter of authorization allowing my office to file the application on the property owner's behalf. t We trust that everything is in order for your acceptance and processing of this application. I If not or if there are questions relating to this matter. please feel free to direct them to me. j Thank you very much. 1 j Sincerely, j i a Planning Consultant Enclosures t Copy —Douglas and Kate hickey t t y l''';/4IO 1i 3 l' i ill.?!..... Michael Yee IHarryKimN\ Slayor 1: ---'. t .....4t. DIreetor 1 i4V:. ,'=‘,' N' et•:•.:i Roy Takemoto 2._ --4•4- .: : Duane Kanuha tlanagtng thrown Depur,t Dtrector i Ni,..1.., ra,..• I f West Hawai'l Office Fast Hav.aii Office 1 74-5(144 Anc KeohoL3k4c i IAyI 0I Pauahi Street,Suite 3 1 Kailua-Kona,Hawaii 96740 County of Hawai`i Hilo,HaAaii 96720 1 s Phone(808)323-4770 Phone1808,961-8288 1 Fax(8081327-3563 PLANNING DEPARTMENT Fax(S081961-8742 1 1 i March 9, 2020 I Mr. Zendo Kern, Planning Consultant i i 1KernandAssociates 194 Wiwoole Street Hilo, HI 96720 I: 1DearMr. Kern: i Special Permit Application 1 Applicant: Douglas Leider Hickey and Kathryn Hickey i Subject: Return of Application and Request for Additional Information f Tax Map Keys: 7-6-002:028-0001 1 A 1 This is to acknowledge receipt of your application submitted on February 27, 2020 requesting a 1 Special Permit to allow for the operation of a venue for weddings and similar gatherings on an gi approximately 2-acre portion of a 20-acre CPR Unit, which is part of an 80-acre property After ff review of the submittal, we are returning the application and requesting the following additional I information: I 1 I1. Property Description: Within the beginning of the application, you discuss the subject I property as being 20 acres in size. Please describe the area of the Special Permit as i iUnit1, which is a 20-acre portion of a larger 80-acre parcel, the property has been CPR'd i into 4 units and this is one of the CPR units (CPR 0001). It is confusing having the two t references to "subject property." The subject property is 80 acres and the applicant's E ownership are CPR Unit 1, which is a portion of the subject property consisting of 20 t I acres. l 2. Permit Request Description: Within the application you discuss the request, which is for 1avenueforweddingsandsimilarevents. Please provide more detail as to what these i t similar events are and what they are not (i.e., concert events, birthday parties, community I gatherings, etc.). Please describe if there will amplified music as part of the overall I 1 events and what efforts will be made to minimize adverse noise impacts if there is t t amplified music. i 1 I hipiamrtifizNpt corn lint,at':County tc an[qua!Opportun4t Prot:der and Employer platitinitl_qhavtatkottint,gr,t i 1 1 1 t i t i t 1 Mr. Zendo Kern, Planning Consultant i Kern and Associates l b Page 2 i March 9, 2020 f i 3. Archaeological Resources: Please provide a map or portion of the grading permit that I shows the 12-acre area that was issued the"no-effect"determination by SHPD. g 4. Traffic: Department of Transportation (DOT) may require a TIAR during the Special 1 Permit process to evaluate whether a left-turn lane or other improvements will be needed I at the Mamalahoa Highway-Waiono Ranch Road intersection due to the increase in traffic from the proposed use. I i 5. Description of Access: Please provide how wide the existing paved driveway from Waiono Ranch Road to the proposed wedding venue.1 l 6. Shuttle Service: Please describe how the shuttle service will work for the proposed uses. l l Where will the shuttle pick-up point be located? Is there ample parking at the shuttle pick-up point? 11 7. Availability of Utilities: Please include a discussion of the existing and proposed wastewater systems for the property and proposed use.I 8. Kitchen in New Structure: What is the purpose of having the kitchen in the new facility if caterers and'or food trucks are bringing food in from off-site? Will caterers be able to use the kitchen to prepare food for an event? I 9. Site Plan: Please revise the site plan to show the location of the existing wastewater systems, existing water tanks for the existing residence. Please change building labels to l identify what the building is used for, i.e. dwelling, ag storage, proposed meeting facility for weddings, etc. iy t0. Previously Reserved Events: Does the applicant intend to continue using the existing dwelling for the proposed use to honor already reserved events only as stated in Section 3A (4) on Page 8, or until the wedding venue building is constructed? Is this a 2-phased request? If so, please state this clearly in the application. I 11. Overnight Accommodations: Please provide information if overnight accommodations are or are not being requested as part of the Special Permit application. Please provide information as to who will reside in the dwelling(owners, operators. etc.). 12. Notification of Property Owners: Please include all landowners of Parcel 28 (all CPR unit owners) in the notification list of owners to be notified of the Special Permit. 1 I f i I s i i i 1 1 i Mr. Zendo Kern, Planning Consultant i Kern and Associates Page 3i March 9, 20203 iWewillholdthefilingfeefortheresubmittedapplication. If you have any questions, please feel i free to contact Maija Jackson at 961-8159. i i 1 i Sincerely, 11, ihilp 1 1 4 4 1 ICHAEL EE 1 14,Planning Director 1 i 1 1 1 i 1 1 JWD:mads 1 P upwin60,3eff I etters Return-Review Permit Letters LKermtlickey-SPP-RELdoc 11t 7i I 1 i Enclosures: Special Permit Applications and Exhibits 1 1 i i 1 I i 1 t 1 1 1 1 i t i i I 1 f 1 i 1 z i i p i t t 2 1r, t I 1 I 1 i 1 i 1 1 1; 1 i 114 •at 1g i\:KKRN.. ' 1 194 Wiwoole St. llilo. III 96720 1 I 4 . 808) 333-3393 1 ASSOCI A 1'ES intzendokern.com i 1 I i 1 i1 1February17, 1020 1 Mr. Michael Yee. Director1 i Planning Department 71 1COUNTYOFHAWAII i I 101 Pauahi Street N, 1Hilo. HI 96720 7.E# li!'°' 1t i Dear Mr. Yee: i i 1Subject:Special Permit Application z 1 I Applicant: Douglas Leider Hickey and Kathryn Hickey 1 1 Holualoa, North Kona, Hawaii TMK: (3) 7-6-002: 028-0001 i iITransmittedherewithinforyourreviewandprocessingisanapplicationrequestingaI i Special Permit for the above referenced applicants. They are requesting the Special Permit i itoallowfortheoperationofavenueforweddingsandsimilargatheringsonanI approximately 2-acre portion of the 20-acre subject property in Holualoa, Hawaii. The i 1 subject property is located at 76-1297 Waiono Ranch Road, approximately 1.4 miles east of i i its intersection with Mamalahoa highway. The subject property is zoned Agriculture 20-i acre (A-20a). i i1Thetransmittalincludesthea)original (signed) and twenty (20) copies of the application i form and background/environmental report, which includes the location and proposed site IiIplan; b) processing fee of$500; c)a full-size (2`x3') scale-drawn copy of the proposed site tplan; d) a list of surrounding property owners within five hundred (500) feet of the subject it parcel: e) a certificate of tax clearance from the Hawaii County Real Property Tax Office kjiand; f) a letter of authorization allowing my office to file the application on the property Iowner's behalf. I 1 1Wetrustthateverythingisinorderforyouracceptanceandprocessingofthisapplication. IitIfnotoriftherearequestionsrelatingtothismatter. please feel free to direct them to me. 1 IiThankyouverymuch.I Sincerely, ZENDO KERN t i i Planning Consultant i i I Enclosures i Copy —Douglas and Kate Hickey 1 1 I i FEB A..? V 1i Pip i11+1 ' 1 1 i 1 f SUNSHOWER FARMS LLC 59-7076/3213 760 0 sit PH.8084436330 PO BOX 540 HOLUALOA,HI 96725 DATE 2.1 r) I,POARYDTEOR OTHFE • dt- r t ido, 0 V otl,;.i J LADOLRS 4.€‘.: AMERICAm PO Box 2300 Hooduk6Hawaii 96804-2300 Savings Bank .............bremaa.com 1 MEMO 7 1 I: 3 2 L 3 70 76 51:0 760 8 LO L Lg.. 3 L881311' c no Vcdr,- :-Vitiri mop; .rotry7! 7,:,.L" C•t, .1 r 1 sii‘A-=.1',A--3-LiALIL,- I DATE.................2111 1 z o No. cr, RECEIVED FROM qi)SiletNjKt Ritin S R. 1 940 IMANLag_ li t .S012,5- i C:=DOLLARS i C -- oR c 1 P InAK if-1 - V- ft ft. : V- • - 000 I 1 1 i IIACCOUNT0CASH 1 eHECK Y PAYMENT 1 ci_ 0 e FROM - TO _ _ I 0ORDER BAL DUE MCREDIT CARD 1 1 3 1 f 1 1 z i t z i i i i 1 ft f, t 1 I I t 1 t i i 4 SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENTz Type or Print the requested information) APPLICANT Douglas Leider Hickey & Kathryn Hickey APPLICANT'S SIGNATURE: lj DATE: Z/2 +/ ADDRESS: PO Box 540, Holualoa, HI 96725 CL:H MEImo£f d 2020 LIST APPLICANT'S INTEREST IF NOT OWNER: TELEPHONE: (Bus.)808-443-6330 (Home) Fax) REQUEST: A Special Permit to allow for the operation of a venue for weddings and similar gatherings TAX MAP KEY: (3) 7-6-002: 028-0001 ZONING: A-20a AREA OF PROPERTY/AREA OF REQUESTED USE 20-acres 2.25-acres LANDOWNER: Douglas Leider Hickey LANDOWNER'S SIGNATURE: 2)--- --""< DA FE: Z-12-i/2,0 ay be by letter) fi LANDOWNER'S ADDRESS: PO Box 540, Holualoa, HI 96725 4 p AGENT: Kern &Associates ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE: (Bus.) 808-333-3393 (Home) Fay) Please indicate to whom original correspondence and copies should be sent to: ApplicantORIGINALAgentCOPIES: A PP SC NNE]) FEB 7020 133254 TO WHOM IT MAY CONCERN: As landowner of parcel identified by TMK: (3)7-6-002: 028-0001, I hereby consent and authorize Zendo Kern of Kern &Associates to file and process a Special Permit Application on my behalf. 212. 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C go00000 0 0 0 Q 0 <-1 NI NI N re) i CM. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000g000000000000000000 000000000000000000000 i C .--i r-4 up ko r, oo cr) cn co m 0 m CO 00 CO 00 o0 0 0 0 0 1 000NININININNI0enen0NNNNNeneneneni 0 - 0 0 0 0 0 0 0 0 0. 0 0 u 0 0 0 0 0 0 0 0 0 e CN t".4 N N4 Ni N d hi N <-1 N Ni Ns N N N N N N u <-4 ,4000000r4990000000000 1.- 0000000000000000000000 i cs-I up co to vs ka kz) in ko us ka k0 1/40 tO i.0 c0 i.0 Lt) i.0 1.0 t, n n n n n n n n n n n n n n n n n n n n n f i i i it 1 1 t t8 I 8 HARRY KIM 8(8t In#,-.Z..;, DEANNA S SAKO I I•.' •"-Soy• FINANCE DIRECTOR 1 1 MAYOR 1 :14.*A• 1 i'''' '1:,',..„ ••STIWEN A HUNT 1 EM-PHI Y DIRECTOR 1 8 W-11v#—II', # •••• .- I 44.................1 COUNTY OF HAWAII i 1 1 Department of Finance - Real Property Tax I 3 1 8 Aupuni Center. 101 Pauahi Street,Suite 41 tubn IlasNal'i 96720-42241 Fax(8081961-4224 Appraisers(808061-8354 I Clerical(808)961-8201 I Collections(808)961-8282 1 West I lawail Civic Center I 74-5044 Anc Keoholiak)le 11w)I Bldg D 2nd Floor I Kailua Kona,!Wail 96740 1 1 Fax 1808)327-3538 I Appraisers(808)323-4881 I Clerical(808)323-4880 1 1 1 i i 1 I REAL PROPERTY TAX CLEARANCE i i i I1 1Date: Thursday, February 27, 2020 t 1 i TMK: (3)7-6-002-028-0001 Hickey,Douglas Leider i t t i 1 This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed it t above have been paid for the tax year up to and including June 30, 2020. i I 1 t The County's real property taxes are levied on July 1st each year. The taxes become a lien iionthepropertyassessedasofthelevydate. f i i This clearance was requested on behalf of Hickey,Douglas Leider and is issued for this parcel tP i only. t t by Toni Ann Quitoriano, Tax Clerk tt i f i 24tiae„) E97: 4,,,si,ex, REAL PROP TAX DIVISION It t i Paid up to and including June 30, 2020. i t. ir f. I 4' i i t TAX CLEARANCE FOR PLANNING DEPARTMENT REV(2/2018) t f?, Newel County is an Equal Opportunity Provider and Employer TB325HIHAW 1 I. P: f I COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST DOUGLAS & KATE HICKEY WAIONO MEADOWS, HOLUALOA, NORTH KONA, HAWAII TMKs: (3) 7-6-002: 028-0001 w , » .; 1 _.r.- ti •,...,5- .a 4. it,. y4 r w< fi s yiY cam d. i y/` 4Z 6`3i Cr, 40, y 1 1 1 i a i i TABLE OF CONTENTS I. INTRODUCTION 3i II. PROJECT DESCRIPTION 8 3k Project Concept and Components 8 3B. Project Location 10 3C. Institutional Considerations 11 3D. Surrounding Zoning and Land Uses 15 3E. Flood Insurance Rate Map 15 o 3F.Archaeological Resources 15 3G. Floral and Faunal Resources 17 3. 3H. Valued Cultural Resources 17 31. Public Access 18 a 3J.Description of Access 18 1 3K. Traffic Impacts 19 1 3L.Availability of Utilities 20 1 III. REGULATORY ANALYSIS 20 4A. Coastal Zone Management 20 4B. Impacts to Surrounding Properties 21 i I 4C. Impacts to Public Agencies 22 i 40. Unusual Conditions 22 4E.Land Suitability for Permitted Uses 22 1 i 4F.Land Character and Present Use 22 1 3 1 4G. Relationship to General Plan 23 I 4H. Unusual and Reasonable Use 24 FIGURES 1. Location Map 4 I 2. Conceptual Site Plan 5 1 3a. Proposed Venue Floor Plan 3b. Coffee Drying & Tasting Building 6-7 h 4. Grubbing &Grading permit area map 16 ti EXHIBITS A. Declaration of Condominium Property Regime and Access Easements j B. State Historic Preservation Review No Effect Letter C. Letters of Support D. Condominium Property Regime Bylaws & Map I 2 t i i E t i I F I.INTRODUCTION Douglas and Kate Hickey ("applicants") are requesting a special permit for the operation of a venue for weddings and similar gatherings on an approximately 2-acre portion of the 20.0-acre CPR Unit 1 in Holualoa, Hawaii. This CPR is one of four 20-acre pieces derived from the 80-acre parent TMK. The property is located at 76-1297 Waiono Ranch Road, approximately 1.4 miles east of its intersection with Mamalahoa Highway Figure 1). The subject CPR unit is zoned Agriculture 20-acre (A-20a). If approved, the applicants wish to build a venue for weddings and other gatherings on an approximate 2-acre portion of the CPR unit(Figure 2 & 3a). The applicants have been operating the event venue out of their home 1 on the subject CPR unit for approximately 3 years without complaints from l neighbors. Upon learning of permitting requirements for the operation of the event venue the applicants have stopped taking new reservations for the venue while pursuing the Special Permit. With current considerations regarding the COVID-19 pandemic all previously scheduled events have been postponed indefinitely. Should a previously contracted event be rescheduled before the venue is completed, the applicants request the use of l the grounds of the special permit area (but not the applicants' home) be used 1 for the event. In that case temporary event tents would be used along with 1 port-a-potties. I Concurrently with this request the applicants are submitting a Plan Approval 1 Application for agricultural tourism operations on the subject property subject to County Code section 25-2-75. Should the Plan Approval be granted the applicants would build a coffee drying building with a coffee tasting room at the site of the proposed venue (Figure 3b). Should the Special Permit also i be granted the applicants request that the coffee drying and tasting venue be used for events (weddings, etc.). The coffee drying and tasting building would then be modified to include the proposed full venue floor plan. Though the proposed venue will not directly affect the agricultural operations I on the remainder of the CPR unit (nor vice-versa), each will indirectly benefit i from the other. The agricultural lands surrounding the proposed venue will provide a unique setting and experience for visitors. Also, diversifying uses and revenue sources on the CPR unit will help insulate the combined i agricultural and venue operations to possible fluctuations in agricultural productivity, marketability, and visitor numbers. Further, products from the coffee farm can be offered for sale to venue guests, providing an important i outlet for the coffee produced on the farm. i x 3 1 II t 1 e , t g, N I2 1 1,4 i-•i Project Area , ! 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PROJECT DESCRIPTION As noted earlier, the subject CPR unit is located off Waiono Ranch Road, approximately 1.4 miles east of its intersection with Mamalahoa Highway. Figure 1). 3A. Project Concept and Components As noted above, the applicants wish to establish a venue for weddings and other gatherings on a 2-acre portion of the subject CPR unit. The basic concept of the project would be for the applicants to host weddings and other such gatherings at a newly built venue as shown on the conceptual site plan (Figure 2), The total number of guests on site at any given time will be no more than 125. Events will be limited to weddings, vow renewals, community, and charity events. Examples of community events include Donkey Mill Art Center fundraisers, luncheon for the Kona Coffee Pageant, Hope Services Hawaii dinner, and school field trips to learn about farming. Approximately 5% of events annually are planned to be community and charitable events. The applicants intend to use a tiered pricing system to favor smaller events and offer kama'aina discounts. Further the venue supportsevespp scores of local small businesses as evidenced by the many letters of support (Exhibit C). The venue will be open by reservation seven days a week from 9:00am to 10:00pm. The applicants anticipate approximately 100 events per year or on average 2 per week, with a maximum of 4 events per week. Currently, there is one permitted dwelling on the CPR unit. The 3- bedroom 3 bath, single-family dwelling of approximately 2,231 square feet on the CPR unit, was built in 2001. There is also a permitted agricultural/storage building of approximately 2,000 square feet with attached coffee drying and processing areas. As-built permits may be necessary for portions of this structure. The permitting history for the property includes: 8 i 1 1 1 Permit 5176 allowed the building of a 24' x 36' agricultural 1 storage building. Permit 15221 converted the agricultural storage building into a dwelling of 1164 total square-feet in area 864/300. Permit 25131 added a bedroom, bathroom and deck to the dwelling, an additional 636 square-feet 528/108 Permit 35312 enclosed existing lanai for dining - 179 square- feet Permit 36462 added 2 bedrooms, laundry, full bath to existing dwelling 544/228 square-feet Permit 132007-0471K converted an existing lanai to a family room of 304 square-feet Permit 5829 allowed the building of the agricultural storage building and water tank I The applicants wish to build a new event venue of approximately 3,500 square feet total (Figure 3a). Sliding glass doors are planned to enclose the covered deck area. The event venue will include bathrooms, a catering prep and buffet service area, two rooms for wedding preparation and a room for storage. The applicants respectfully request the following elements be allowed as part of the Special Permit: 1 1) Events will be held during the hours of 9AM to 10PM I 2) The maximum number of guests at the venue will be 125, average events would have approximately 50 guests. 3) The applicants plan to build a new venue of approximately 3,500 square feet. 1 4) The applicants request to continue the use of their yard and/or a 1 new permitted coffee drying and tasting building to honor already reserved events. i 5) No food preparation will be allowed for events on the CPR unit, food will be brought by the guests or provided by caterers or food i trucks. 6) Alcohol will be permitted at events but not provided by the t applicants. 1' 1 i 9 1i 7) The applicants will provide 5 parking spaces including 1 accessible to persons with disabilities near the venue. Additional gravel parking area will be provided beside the coffee orchard. 8) The applicants will limit guests to bring 20 vehicles to the venue, shuttle vans or buses will be required for larger parties. 9) The applicants plan to have three to five full-time employees. 10) Overnight accommodations are not requested. 11) No outdoor amplified music will be allowed. The applicants are also receptive to other noise abatement measures if necessary. 12)The applicants live on site in the existing single-family residence. The site has significant water catchment storage capacity (over 100,000 gallons) which can be utilized for fire suppression. Any required improvements for fire protection deemed necessary in consultation with the Fire Department will be implemented by the applicants. This area is not served by a County sewer system so the new event venue will be required to provide an Individual Wastewater System designed to meet the standards of the Department of Health by a civil engineer who is licensed by the State of Hawai'i. The applicants hope to begin the development process as soon as the requested special permit is granted. The estimated timeframe to obtain building permits and complete construction of the venue is 12 months. The estimated cost of said improvements for this project is approximately $300,000 a K 3B. Proiect Location As noted earlier, the subject site will take up an approximate 2-acre portion of the subject parcel identified by TMK (3) 7-6-002: 028-0001. The subject site is located off Waiono Ranch Road, approximately 1.4 miles east of its intersection with Mamalahoa Highway in Holualoa, North Kona (Figure 1). The subject parcel is 20 acres, one of four CPR units created from the 80.0-acre parent parcel in 1997 by the attached Declaration and Bylaws (Exhibit A & D). The CPR unit is primarily rectangular in shape and is the site of a coffee farm and homestead. The construction of the new event venue will occur on a portion of pasture 10 with shallow, poor soils adjacent to the south of the existing single- family residence. (Figure 2). The project site slopes slightly uphill in an easterly direction from approximately 2,300 feet elevation to approximately 2,400 feet elevation. There are no perceptible topographic or geologic constraints. All proposed special permit components are outside existing mapped drainage easements. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agriculture and the special permit will consist of approximately 2-acres of land. As such, no State Land Use Commission action is required. The County of Hawaii can process the special permit request. Based on the Land Study Bureau Overall Master Productivity Rating the subject portion of the parcel is classified as D, or poor. Under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is classified as "other" land. U.S. Department of Agriculture Natural Resources Conservation Service has designated the soil type for the subject site as `2klzm', Hua-Honaunau complex hydrous silt loam with 10 to 20 percent slopes, derived from basic volcanic ash over pahoehoe lava flows. The soil is somewhat poorly drained with a high runoff class. The soil farmland classification is "not prime". State Land Use Law allows agricultural tourism conducted on a working farm, for the enjoyment, education and involvement of visitors provided that the County adopts ordinances regulating agricultural tourism. In 2008 the Hawaii County Council adopted Ord. 08-155 which amended the Zoning Code to create regulations for agricultural tourism operation on the island. However, these regulations do not allow weddings, catered events, and parties without a special permit. Special Management Area The subject CPR Unit is approximately 3 miles from the coast and outside the SMA. County Zoning and General Plan The County zoning of the subject site is Agriculture 20-acres (A-20a). The County General Plan Land Use Pattern Allocation Guide LUPAG) map, designates the parcel as Important Agricultural Land. 11 i 1 i I Relative to this designation, the General Plan allows consideration for a Special Permit"on agriculture land where the requested use meets s certain criteria as outlined in section 4 of the permit application and i chapter 205 of the Hawaii Revised Statutes as amended. Section 25-4-15 of the Hawai'i County Code describes agricultural tourism regulations. 25-4-15 (c) provides for a special permit for 1 activities that do not conform to 25-4-14 (d). The proposed project f does not conform with items (d)(2) activities past 6 p.m., (5) venue size greater than 1,000 square feet, (8) weddings excluded, therefore i we are seeking a Special Permit for the proposed use. General Plan Discussion I i The Hawaii County General Plan serves as a guide for decision- i makers in land use matters. The proposed project is conducive to the f General Plan's guidelines as it conforms to the following goals, policies and standards of the General Plan: 1 2.2 Goals i i a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island i of Hawaii. i c) Strive for diversity and stability in the economic system. d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with 1 the County's cultural, natural and social environment. e) Strive for an economic climate that provides its residents an opportunity for choice of occupation. f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors.t i, 12.2 Goals I1 i a) Provide a wide variety of recreational opportunities for the residents and visitors of the County b) Maintain the natural beauty of recreation areas. i c) Provide a diversity of environments for active and passive i pursuits. i 12 i Y kk 14.1.3 Policies f) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment 14.2.2 Goals a) Identify, protect and maintain important agriculture lands on the aF island of Hawaii. b) Preserve the agricultural character of the island. c) Preserve and enhance opportunities for the expansion of Hawaii's Agricultural industry. 14.2.3 Policies a) Implement new approaches to preserve important agricultural land. j) Ensure that development of important agricultural land be primarily for agricultural use. p) Ensure that condominium property regimes (CPR) on agricultural-designated lands comply with the requirements of the Zoning Code and other applicable laws, rules and regulations. r) Encourage, where appropriate, the establishment of visitor- related uses and facilities that directly promote the agriculture industry. u) Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Approval of the requested Special Permit would be in line with the aforementioned economic, recreation and land use goals and policies of the General Plan by maintaining the natural beauty of the area while providing a much-needed venue for weddings, similar celebrations, and community meetings while supporting an active commercial farm on important agricultural lands. 3 F Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The KCDP designates the subject parcel as outside of the Kona Urban Area. The proposed change of zone request is conducive to the following goals, objectives and policies outlined in the KCDP 13 i i I t, 1 i i t t I developed and adopted by the County Council on September 25,t 2008 as Ordinance No. 08 131, as amended by Ordinance 19-091 t t effective September 18, 2019: i i tt t Policy ECON-2.1: Explore and provide opportunities to support, promote or enhance Kona's agricultural industries. i The proposed event venue meets this criterion of the KCDP by i proposing to use the land in a manner intended to showcase the tg natural beauty of Kona while creating new event hosting options for 4 visitors and residents, employment opportunities for the community,I t and diversity in agricultural pursuits. tt t t Policy ENV-1.5: Sensitive Resources. In the context of Kona's ti ecology and history, the following natural and cultural resources shall i ki be considered sensitive and therefore shall be inventoried, as part of i any permit application to the County Planning Department: iI Critical habitat areas as identified by the U.S. Fish and Wildlife i or County General Plan; i iPredominantlynativeecosystems, which may not be i considered endangered but are valued because of their nearly pristine condition i Anchialine ponds subject to a management Program addressed in Policy ENV-1.10; Non-Degradation of Anchialine Ponds High-level groundwater recharge area which shall initially be I Idefinedasalllandsmaukaofthe1,500-foot elevation and t which may be refined by the Kona Mauka Watershed Management Program; i Historic trails; t Archaeological and historic sites subject to protection under HRS Chapter 6E; and, 1 Enhanced Shoreline Setback. 1 1AnypermitapplicationthatencompassesanyoftheaboveresourcesF should incorporate these resources as assets. i. The proposed event venue is situated on lands above the 1,500-foot f level and could be considered a high-level groundwater recharge i area. The existing farm and proposed use will not adversely affect the ability of the land to serve as a high-level groundwater recharge area.t Further, the request is not for a change of zone allowing many different possible uses. The conditions of the Special Permit will limit l' t the operations to what is defined within the Special Permit request.t t 14 t P E f I f5 i I 1 1i l i t I i i Based on the above, it would seem logical to allow the proposed use on the subject CPR unit by way of a Special Permit. 3D. Surrounding Zoning and Land Uses l The County zoning of the subject CPR unit is Agriculture (A-20a). The majority of the surrounding properties are zoned A-20a and A-5a. The neighboring CPR parcel to the north borders the Waiaha Springs State Forest Reserve. Much of the surrounding land is used similarly to the uses on this CPR unit; for agricultural pursuits such as coffee or I ranching and for farm residences. t 3E. Flood Insurance Rate Mao The US Army Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X areas outside of 500-year flood). There is one small drainage that i crosses the CPR unit within the drainage easement shown as Easement 4 (Easement 5 does not cross the subject CPR parcel) on Figure 2. No special permit components are planned in this area.I t, 3F. Archaeological Resources As construction will be limited to areas that have been previously cleared, archaeological resources are not expected to be encountered. In February of 2013 a grading permit was prepared for a i i 12-acre portion of the subject parcel including the proposed venue F location. A map of the area of the grading permit is provided as Figure 4. In response to the grading permit application SHPD requested the i f opportunity to conduct an archaeological field inspection of the proposed project area. A field visit was conducted on April 4, 2013 by SHPD staff archaeologist Michael Vitousek. No archaeological sites were t observed during the field inspection and the SHPD issued a "no effect" letter for the grading (Exhibit B). No commissioned archaeological I survey of the site was made. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease,i; and the applicants will immediately notify the Planning Department i 15 t I z i iii 0 •....„ i C f+^ bill)... \ 4 ta. Figure 4 and the State DLNR and secure their clearances before proceeding further. 3G. Floral and Faunal Resources Although there was no professional survey conducted of the floral and faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the subject site as this area has been cleared and farmed for many years. The nearest designated critical habitat (for two plants Solanum incompletum and Cyanea hamatiflora ssp. Carlsonir) is approximately 3.5 miles northeast of the subject CPR unit at approximately 5,300-feet elevation. Vegetation on the subject CPR unit is largely related to the farm use of the land. Approximately 8 acres is dedicated to coffee production. There are also a diverse variety of fruit trees and several medium sized ohia trees and a few koa trees scattered across the CPR unit.fSeveralspeciesofnon-native trees occur on the CPR unit as well including Indian almond, African tulip, and common guava. The applicants also maintain a large vegetable garden for their own use. In addition, introduced bird species (such as dove, Japanese White- eye, house finch, myna) are common in this area. Domestic animals such as cats, dogs, goats and chickens and other animals like rats and feral pigs are also common. These are all common and not endangered. Given the elevation of the CPR unit the (recently de- listed) wide-ranging Hawaiian Hawk (Buteo solitarius) could be found on the CPR unit. There are no known threatened or endangered species or critical habitat on the subject site. Also clearing for new construction will only occur on approximately 1/z acre. As such, it is unlikely that the development of the subject CPR unit would cause any adverse faunal impacts. is 3H. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. 17 In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. It is not known whether the subject CPR unit or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians. However, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. There are also no known archaeological features on the subject CPR unit. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. 31. Public Access The subject parcel is located approximately 3-miles from the shoreline. As such, no public access will be affected by this request. 3J. Description of Access The subject site is located off Waiono Ranch Road, approximately 1.4 miles east of its intersection with Mamalahoa Highway. Waiono Ranch Road is a Private Road with average pavement width of approximately 12 feet within an 80-foot right of way. Sections of Waiono Ranch Road appear to exceed 15% grade which may not meet Fire Department apparatus requirements. The applicants will provide additional fire protection measures if required by the Fire Department. Access within the CPR unit is by an existing paved drive 10 feet in width and approximately 900 feet in length. The applicants are proposing a new gravel parking area serving the event venue and connecting to the existing paved driveway. Extra parking for the venue is located off the long driveway adjacent to the coffee orchards. Based on the existing conditions of Waiono Ranch Road, it appears no improvements would be required for the proposed use. Consultation with the Fire Department has indicated that sections of Waiono Ranch Road may exceed 15% grade. For a project of this size improving 1.4 miles of the access road to the CPR unit is cost prohibitive and practically very difficult. According to the National Fire Protection Association, Uniform Fire Code, 2006 version with CountyofHawaiiamendments: 18 f 1 j i C Chapter 18.1 General. Fire department access and water supplies I shall comply with this chapter. For occupancies of an especially hazardous nature, or where specialIhazardsexistinadditiontothenormalhazardoftheoccupancy, or where access for fire apparatus is unduly difficult, or areas where 1 there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to , additional fire appliance units, more than one type of k appliance, or special systems suitable for the protection of the hazard involved. i 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to i require additional fire protection features. (emphasis added) e 3K. Traffic Impacts Traffic on Waiono Ranch Road is generally low and made up primarily by residents of the area and farm workers. The proposed use would F generate a modest increase in traffic to the subject site. As noted above, the applicants anticipate a maximum of 250 visitors per week during the hours of scheduled events, although normally there would be less than 100 visitors per week. However, the potential impacts are proposed to be largely mitigated t by requiring large groups (more than 20 cars) to utilize shuttle service to bring guests to the CPR unit. Additionally, based on the proposed hours of operation, the requested use will not interfere with morning school and work traffic. Peak guest trip times will occur mid-day and in t the early evening, outside of normal peak traffic periods for school and work. The applicants will also provide on-site parking for all special events. With the proposed mitigation, this level of traffic is only a slight increase over existing residential and farm levels. Shuttles would pick up from guest hotels. For guests not staying at hotels, for instance a local Kona wedding, guests would be required to be dropped off at a shuttle pick up location (taxi or uber). This is in an effort to a) decrease the potential off-site parking impacts, and b) reduce or eliminate the possibility of drunk driving. i t t K 19 f i1 1' ij s 1 a 3L. Availability of Utilities 1 The Condominium Property Regime Declaration (Exhibit A) section VIII (b) states that the parcel comprising the land portion of the Project is served by a single County water meter. Until such time as separate County water meters are obtained for each unit: (i) the primary water source for each unit shall be by way of water catchment; and(ii) said existing County water service shall only be used by the individual unitiownersoftheProjectasaback-up system. No water from saidiservicemaybesoldtoorusedbyotherparcels. i t Utilities are not available at the subject CPR unit. The applicants have solar power and rainwater catchment systems for domestic and farm use. Rainfall in the area averages 60 to 80 inches annually, adequate to support catchment systems. The farm has ample water storage for the proposed use and the applicants will comply with all requirements s of the Fire Department for providing sufficient quantities and flow rates t° of water for fire suppression. 1Astheproposedusewillservemorethan25individualsatleast60f days per year Department of Health Safe Drinking Water Branch will require the event venue's water system comply with Hawaii Administrative Rules, Chapter 11-20, "Rules Relating to Public Water Systems" The applicants intend to satisfy DOH requirements by j: trucking in water and storing it in separate tanks on site for guest use. T. The existing residence on the subject CPR Unit is served by a permitted cesspool. The proposed venue will be served by a new IWS designed by a civil engineer licensed in the State of Hawaii meeting the requirements of the Department of Health. I' IIII. REGULATORY ANALYSIS I I4A. Coastal Zone Management Granting of this request would promote the effectiveness and t'objectives of Chapter 205, Hawaii Revised Statutes as amended. The proposed use is not contrary to Chapter 205A, Coastal Zone tManagementasthesubjectparcelisapproximately3milesfromthef. shoreline. There are no public access, scenic or open space 1. resources on the subject site. i 20 i I fS. 1 t x l I 48. Impacts to Surrounding Properties The desired use shall not adversely affect the surrounding properties. a There are few homes proximate to the subject site and many of the properties in the area utilize natural vegetation or landscaping to screen views from neighboring properties. The applicants will establish and maintain landscaping in keeping with the character of the area. All patrons will park onsite in designated areas provided by the applicants. Based on the number of patrons and frequency of visits, with proposed mitigation, the request will not generate a significant increase in traffic. t Additionally, based on the proposed hours of operation, the requested use will not interfere with morning school and work traffic. Peak guest t trip times will be mid-day and in the early evening, outside of normal peak traffic periods for school and work. Larger gatherings will be required to make use of shuttle vans or buses to the CPR unit to t further reduce any possible traffic impacts. The applicants will also provide on-site parking for all special events. Further, the applicants' proposed use is relatively quiet and unavoidable noise can be mitigated to the extent that it will not cause a nuisance to the surrounding community. The nearest neighboring residence is approximately 600 feet away from the proposed event t venue. Though the agricultural zoning of the subject CPR unit would tpermitgreaternoiselevelsgeneratedontheCPRunit (Class C), the applicants do not wish to disturb neighboring residences with noise from events and to date have never had any complaints from neighbors regarding noise. To ensure that noise generated at the venue will not adversely affect neighboring properties, the applicants will comply with "Class A" residential sound levels (55 decibels at the CPR unit boundary) which will help maintain the existing conditions of the community. Further, all events will end by 10 PM and no outdoor amplified music will be allowed, further minimizing potential noise impacts. The applicants are also receptive to possible additional noise mitigation or control measures if deemed necessary. t Lastly, visual impacts will be very minimal. Although a small portion of the lot will need to be cleared for construction, the applicants intend to provide landscaping to maintain visual effects that are consistent with t the surrounding neighborhood. Also, due to the slight western downward slope in the topography of the land, the proposed project k. should not interfere with the view of any of the surrounding properties. t t 21 i zr t i i r 4 s 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection as none of these i' agencies will be required. The subject site is already accessible via Waiono Ranch Road and no additional utilities will need to be provided by public agencies. The Kailua Fire Station and Police stations are approximately 5 miles from the subject site. s I 4D. Unusual Conditions Unusual conditions, trends, and needs have arisen since the district i` boundaries and regulations were established. The CPR unit and surrounding areas are designated for agricultural uses by both State and County land use laws. Through the issuance of a Special Permit, a community may establish various non-agricultural services that may not be available or allowed by zoning for its residents. Since the district boundaries were established, visitor numbers to jHawaiihavebeenincreasingsteadilyanddemandhasincreasedfor tourism venues focusing on agricultural education and hosting of special events. Allowing a Special Permit to conduct a small, family- owned and operated event venue on a working farm will offer a unique recreational opportunity for residents in a uniquely beautiful setting fr` while preserving the agricultural character of mauka Kona. 4E. Land Suitability for Permitted Uses i The special permit area upon which the proposed venue would be located is unsuitable for agricultural uses given the thin soil profile i over solid pahoehoe bedrock. The CPR unit is already the site of a commercial coffee orchard and farm dwelling. The addition of a special event venue will support the farm operations as the events serve as an important outlet for the coffee grown on the farm and the 3` farm would likely not be economically viable without hosting special events. Likewise, the farm serves as a unique and attractive setting for weddings and other special events held at the venue. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed project is it 22 t t I i 1 intended to preserve the essential character of the present use of the land so that it may be enjoyed by others. As mentioned above, the only alterations to the subject site will be the addition of necessary related improvements so that visitors may enjoytheuniquesettingandholdspecialeventsattheproposedvenue. Permitting the applicants to construct an event venue will allow them to maintain and showcase the essential character of their property fortherecreationalbenefitofotherresidentsandvisitors. Thus, the applicants will utilize the land to its highest and best use rather than allowing it to sit and potentially become overgrown with invasive species. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, polices, and standards of the General Plan and the Kona Community Development 1Plan. The General Plan states under Economic goals 2.2A, "Provide residents with the opportunity to improve their quality of life through economic development that enhances the county's natural and social environments", and 2.2B "Economic development and improvements shall be in balance with the physical, social, and cultural environments of the Island of Hawaii". In addition, it states under 2.2E Economic Goals, "Strive for an economic climate that provides its residents an opportunity for choice of occupation". The proposed request clearly meets the goals of the GP outlined above. The proposed project will provide an opportunity for the applicants to employ themselves in a manner that serves the i recreational needs of their community, providing a unique and scenic event venue for community members and visitors. I? The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The proposed project conforms to the following objectives of the KCDP: x Policy ENV-1.5: Sensitive Resources. In the context of Kona's i ecology and history, the following natural and cultural resources shallbeconsideredsensitiveandthereforeshallbeinventoried, as part of g: any permit application to the County Planning Department: Critical habitat areas as identified by the U.S. Fish and Wildlife or County General Plan; 23 t q, pfipa Predominantly native ecosystems, which may not be considered endangered but are valued because of their nearly pristine condition Anchialine ponds subject to a management Program addressed in Policy ENV-1.10: Non-Degradation of Anchialine Ponds High-level groundwater recharge area which shall initially be defined as all lands mauka of the 1,500-foot elevation and which may be refined by the Kona Mauka Watershed Management Program; Historic trails; Archaeological and historic sites subject to protection under HRS Chapter 6E; and, Enhanced Shoreline Setback. Any permit application that encompasses any of the above resources should incorporate these resources as assets. The proposed event venue meets the criteria of the KCDP outlined above by using the land in a manner intended to preserve the watershed function and showcase the natural beauty of Kona while creating new recreational opportunities for the community and visitors. 4H. Unusual and Reasonable Use The proposed use is an unusual and reasonable use of the land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations, which, for the Agriculture District, seek to preserve or keep the land of high agricultural potential in agriculture usage. The request is unusual in that the proposed request is not strictly agricultural in nature; the use would allow the applicants to hold special events within a new venue and surrounding area on an active commercial coffee farm. As noted earlier the site is considered "other Important Agricultural Land under ALISH, but classified by the Land Study Bureau as D, or poor. The proposed use will allow a relatively small area approximately 2 acres or 10%) of a farm that is unsuitable for agriculture related use to provide employment opportunities, and recreation options for the community and visitors. Also, the proposed use will directly support and promote the existing commercial farm. In conclusion, the proposed Special Permit request would provide the growing number of residents and tourists to the Kona area with additional recreational opportunities while showcasing the applicants' beautiful coffee farm. 24 t 1' I 1 1 1 1 p-3E 1 NOV • I, 3 8 1 17-1.1003/- i 411 1 4 1 1LANDCOURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL ( x ) PICKUP ( ) t Roger V. Meeker, Attorney at Law P.O. Box 596 kr Kamue/a, Hawaii 96743 i' Phone: (808/ 885-9696 14 Tax Map Key: 7-6-002-028 (3rd)is GREENER PASTURES Condominium Project DECLARATION OF CONDOMINIUM PROPERTY REGIME 1623CONDOMINIUMMAPNO. WHEREAS, HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii generalpartnership (hereinafter referred to as the "Fee Owner"), is the fee simple owner of certainrealpropertydescribedinExhibit "A" attached hereto and incorporated herein by reference; xNOW, THEREFORE, in order to create a condominium project consisting of the landdescribedinExhibit "A" together with improvements existing thereon (hereinafter referredtoasthe "Project") and to be known as "GREENER PASTURES", said Fee Owner herebysubmitssaidpropertyandallofitsinterestthereintotheCondominiumPropertyRegimeestablishedbytheCondominiumPropertyAct, Chapter 514A, Hawaii Revised Statutes,and in furtherance thereof makes the following declarations as to divisions, limitations,restrictions, covenants and conditions, and hereby declares and agrees that said property isheldandshallbeheld, conveyed, mortgaged, encumbered, leased, rented, used, occupied,and improved subject to this Declaration, which shall constitute covenants running withthelandandshallbebindingonandforthebenefitoftheownersandlesseesofalloranypartoftheProjectandtheirrespectivesuccessors, heirs, executors, administrators andassigns. i Exhibit A i l 1.1 I i i 1 2 1 I -- LAND The land upon which the buildings and improvements of the Project are located isdescribedinExhibit "A" attached hereto. I III -- DIVISION OF PROPERTY i L' Four fee simple estates are hereby created and designated, and hereinafter referred to ascondominiumunits" (also referred to herein as "unit" or "units"). Specifically, the fourestatessocreatedanddesignatedarereferredtohereinafteras "Unit 1", "Unit 2", Unit 3" and "Unit 4". Unless provided otherwise herein, each individual condominium unit 3 is comprised of all of the structure(s) and/or other improvements physically located on thelandareaappurtenanttosaidunit (which land areas are designated and defined in Section 111:it::': IV herein). Said condominium units are shown and designated on plans incorporated herein by reference and filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or recorded in the Bureau of Conveyances of the State of Hawaii as aCondominiumMap, the number of which is noted on the first page hereof. The units aredescribedasfollows: a) "Unit 1" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the ownerthereof. Specifically, in addition to said greenhouse structure, and subject to the provisions of Section XVi(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements F'comply with the provisions of this Declaration and all applicable buildings codes and ezoningordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. b) "Unit 2" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, and subject to the provisions of Section XVI(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. c) "Unit 3" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, and subject to the provisions of Section XVI(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements I 1 fft 3 comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. d) "Unit 4" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, and subject to the provisions of Section XVI(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. The condominium units are located in the manner shown on the said Condominium Map. Each unit has direct access to the common areas. The respective units shall not be deemed to include any pipes, wires, conduits or other utility lines running over, under or through any unit which are utilized for or serve more than one unit, the same being deemed common elements as hereinafter provided. III -- COMMON ELEMENTS One freehold estate is hereby designated of all the remaining portions of the Project, herein referred to as "common elements". Each unit owner may use the common elements in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners. Said common elements include specifically, but are not limited to, the following: a) The land in fee simple, subject to the provisions of Section IV herein; b) The existing County water meter serving the parcel comprising the land portion of the Project; c) All ducts, electrical equipment, wiring and other central and appurtenant installations for common services, if any, including power, light, water, gas, sewage, irrigation, telephone and television cable; d) Any and all other elements and facilities rationally in common use or necessary to the existence, upkeep and safety of the Project. The common elements shall remain undivided, and no right shall exist to partition or divide any part thereof, except as provided in Section IV herein or except as provided in the Condominium Property Act. Any such partition or division shall be subject to the prior consent thereto by the holder(s) of all mortgage(s) of any condominium unit(s) which are filed of record. 1 5 4 IV -- LIMITED COMMON ELEMENTS Certain parts of the common elements, herein referred to as the "limited common elements", are hereby designated and set aside for the exclusive use of one or more units, and such unit(s) shall have appurtenant thereto perpetual and exclusive easements for the use of such limited common elements. The limited common elements so set aside and reserved are as follows: a) That certain land area upon and around which "Unit 1" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 1". b) That certain land area upon and around which "Unit 2" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 2". c) That certain land area upon and around which "Unit 3" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 3". d) That certain land area upon and around which "Unit 4" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 4". All costs of every kind pertaining to the aforesaid limited common elements, including butnotlimitedtocostsoflandscaping, maintenance, repair, replacement and/or improvement, shall be borne solely by the owner(s) of the unit(s) to which said limited common elements are appurtenant. V -- COMMON INTEREST Each unit and its owner(s) shall have appurtenant thereto a one-fourth (114) fractional interest (25.0 percentage interest) in the common elements of the Project, for all purposes including voting, said interest being referred to as the "common interest". VI -- EASEMENTS a) Generally. In addition to the exclusive easements established in the limited common elements, each unit shall have appurtenant thereto non-exclusive easements in the common elements designed for such purposes of ingress to, egress from, utility services for, and support, maintenance and repair of such unit, and in the other common elements of the Project for use according to their respective purposes. When applicable, Y.. 5 each unit shall also have appurtenant thereto easements in the other unit(s) and/or their appurtenant land areas for the purposes of utility services for, and the maintenance and repair of said utility services, including but not limited to electricity, gas, water, sewage, telephone and television cable. b) Easements of Record. The interests of any unit created herein, including thelimitedcommonelementlandareaappurtenanttoanyunit, shall be perpetually subject toorbenefittedby, as the case may be, any easements of record as well as those easements, if any, described in Exhibit "A" of this Declaration and/or shown and designated on the Condominium Map. c) Driveway and Utility Easement "A". Unit 4 of the Project shall have appurtenant thereto a mutual and non-exclusive easement, for purposes of roadway/driveway ingress and egress and for utility access purposes, over and across that portion of the limited common element land area appurtenant to Unit 1 set aside for said purpose, being fifty feet (50') wide, as shown and designated on the Condominium Map asEasement "A". The maintenance, repair and improvement of the driveway uses of said easement area shall be the mutual responsibility of the owners of Unit 1 and Unit 4, and all costs incurred in connection with same shall be shared equally by both unit owners. Unless agreed otherwise, the costs incurred in connection with the installation, maintenance, repair and/or improvement of utility services to a particular unit within and through said easement area shall be borne by the owner of the unit so served. d) Driveway and Utility Easement "8". Unit 3 of the Project shall have appurtenant thereto a mutual and non-exclusive easement, for purposes of roadway/driveway ingress and egress and for utility access purposes, over and across that portion of the limited common element land area appurtenant to Unit 2 set aside for said purpose, being fifty feet (50') wide, as shown and designated on the Condominium Map asEasement "A". The maintenance, repair and improvement of the driveway uses of said easement area shall be the mutual responsibility of the owners of Unit 2 and Unit 3, and all costs incurred in connection with same shall be shared equally by both unit owners. Unless agreed otherwise, the costs incurred in connection with the installation, maintenance, repair and/or improvement of utility services to a particular unit within and through said easement area shall be borne by the owner of the unit so served. VII -- ALTERATION AND TRANSFER OF INTERESTS Except as otherwise provided in this Declaration, the common interest and easements appurtenant to each condominium unit shall have a permanent character and shall not be altered without the approval of all the unit owner(s) affected, expressed in a duly recorded amendment to this Declaration, which amendment shall contain the consent thereto by theholdersofallmortgagesofanyaffectedunitwhicharefiledofrecord. The common interest and easements shall not be separated from the unit to which they appertain and shall be deemed to be conveyed, leased or encumbered with such unit even though such interest or easement may not be mentioned or described expressly in the instrument of transfer. F;- Sr g:' 6 VIII -- PURPOSES OF BUILDINGS AND RESTRICTIONS AS TO USE a) Generally. The units of the Project shall be occupied and/or used only forthosepurposespermittedbyapplicablelanduselawsandzoningordinances. The unit owners shall have the absolute right to lease or rent their units subject to the limitations, restrictions, covenants and conditions contained in this Declaration or in the By-Laws oftheAssociationofCondominiumOwners. Subject also to said Declaration and By-Laws, maximum allowance and freedom shall be given so as to accomodate the individual unitowner's artistic, creative and life-style requirements. The restrictions and protective provisions contained in this section affect and restrict the entire Project, and are and shall be construed as protective provisions running with the land, binding upon all owners of units within the Project, and all subsequent owners thereof, including tenants, lessees and renters. b) County Water Meter. The parcel comprising the land portion of the ProjectispresentlyservedbyasingleCountywatermeter. Until such time as separate Countywatermetersareobtainedforeachunit: (i) the primary water source for each unit shall be z`by way of water catchment; and (ii) said existing County water service shall only be usedbytheindividualunitownersoftheProjectasaback-up system. No water from said service may be sold to or used by other parcels. c) Overhead Utility Lines. No overhead utility lines of any nature may be constructed upon and/or located within any portion of the limited common element land areas appurtenant to Unit 2 or Unit 3 of the Project located above the twenty-threehundredfoot (2,300') elevation level; accordingly, all utility lines located on those portions of the land areas appurtenant to Unit 2 and Unit 3 above the 2,300-foot elevation levelmustbelocatedunderground. Y' IX -- SERVICE OF PROCESS David A. Lucas, whose residence and post office address is P.O. Box 855, Holualoa, Hawaii 96725, is hereby designated as the person to receive service of process until such time as both units of the Project are sold or conveyed. It is intended that the Project will subsequently become self-managed. X -- ASSOCIATION OF CONDOMINIUM OWNERS Administration of the Project shall be vested in its Association of Condominium Owners,herein called the "Association", consisting of all unit owners of the Project in accordance with the By-Laws of the Association recorded concurrently herewith, as such may be amended from time to time. The owner of any unit, upon acquiring title thereto, shall automatically become a member of the Association, and shall remain a member thereof until such time as his ownership of such unit ceases for any reason, at which time his membership in the Association shall automatically cease; provided, however, that to such extent and for such purposes, including the exercise of voting rights, as shall be provided fr' 7 by lease on any unit, a copy of which lease is filed with the Board of Directors of the ai Association, the lessee of such unit shall be deemed to be the owner thereof. XI -- ADMINISTRATION OF THE PROJECT Administration and operation of the Project, including the maintenance, repair, replacement and restoration of the common elements, and any additions and alterations thereto, shall be in accordance with the provisions of the Condominium Property Act, this Declaration,and the By-Laws of the Association. The owner of each condominium unit shall be solelyresponsibleforthemaintenance, repair, replacement and restoration of his individual unit u'and its appurtenant limited common elements, except as otherwise provided herein. The Association of Condominium Owners shall be responsible for all common elements of theProject, and specifically but without limitation, shall: a) Repair, maintain, amend and keep all common elements of the Project, includingwithoutlimitationthebuildingsthereof, if any, in good order and condition except as otherwise provided herein, and repair and make good all defects in the common elements of the Project herein required to be repaired by the Association, of which notice may be given by any owner or his agent, within thirty (30) days after the giving of such notice; b) Observe and perform all laws, ordinances, rules and regulations now or hereafter made by any governmental authority for the time being applicable to the Project or the use thereof; c) Not erect or place on any common elements of the Project any building or structure, including fences and walls, nor make additions or structural alterations to or exterior changes of any common elements of the Project, nor place or maintain thereon any signs or bills visible outside of the Project, except those first approved by a majority of the unit owners (or such larger percentage required by law or this Declaration) including all owners of units thereby directly affected; d) Landscape and maintain in a neat and attractive condition all trees, shrubs, grass and groundcover, and replant the same as may be necessary, on all parts of the common elements not limited to a particular unit's use; e) Have the right, to be exercised by its Board of Directors or Managing Agent, to enter any unit and limited common elements, if any, during reasonable hours as may be necessary for the operation of the Project, or for making emergency repairs therein required to prevent damage to any unit or common elements not limited to a particular unit's use, or for the installation, repair or replacement of any common elements not limited to a particular unit's use; f) Not make or suffer any strip or waste, or unlawful, improper or offensive use of the Project or any portion thereof. ji 8 XII -- COMMON EXPENSES a) Expenses of Common Elements. The owner of each unit shall be liable for and shall pay a share of the common expenses of the Project in proportion to the common interest appurtenant to his unit. Said common expenses shall include all charges, costs and expenses whatsoever incurred by the Association for or in connection with the administration and operation of the Project, including, but not limited to, the following: (1) maintenance, repair, replacement and restoration of the common elements not limited to a particular unit's use; (2) premiums for hazard and liability insurance as required by this Declaration; (3) all utility services, including electricity, water, gas, sewer, refuse collection, etc., unless separately metered or charged; (4) janitorial, yard and other similar common services; (5) management fees; and (6) all other expenses necessary for the upkeep, maintenance, management and operation actually incurred on or for the common elements. All unit owners shall be severally liable for said common expenses in proportion to their respective common interests. Real property taxes and special assessments referred to in Section 514A-6, Hawaii Revised Statutes, as amended, shall not be common expenses of the Condominium Property Regime hereby created, and no payments thereof shall be considered payments of common expenses. b) Expenses of Limited Common Elements. All charges, costs and expenses incurred by the Association for or in connection with the administration and upkeep of the limited common elements, including but not limited to, costs of maintenance, repair and replacement thereof, and additions, alterations and improvements thereto, shall be assessed against and borne entirely by the respective unit(s) to which any such limited common elements are appurtenant. c) Assessments for Common Expenses. The Board of Directors of the Association shall assess the common expenses against all units in their respective proportionate shares as provided for in Section XIII below. Any unpaid amount of such assessments against any unit shall constitute a lien against such unit which may be foreclosed by the Board of Directors or Managing Agent as provided for in said Condominium Property Act. In the event that assessments received during any year are in excess of the actual expenditures for such year by the Association for common expenses of the Project, the Board of Directors may determine in its sole discretion that such excess shall be: refunded to the unit owners in whole or in part; applied in whole or in part to reduce the assessments for the immediately subsequent year; designated in whole or in part as a capital contribution to the Association to be used for future capital improvements and replacements; segregated and held in whole or in part as a Custodial Fund to be expended solely for specifically designated capital improvements and replacements, or; segregated and added in whole or in part to the Maintenance Reserve Fund established hereunder. No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of his unit. d) Water Service Expenses. Notwithstanding the provisions of Section XII(a) hereinabove, for as long as the Project is served by only one County water meter, the unit owners shall share the expenses incurred in connection with said water service in proportion to their respective water usage, rather than in proportion to their respective 9 common interests. In the event that there are County-imposed restrictions on the amount of water available to the one meter serving the Project, each unit's proportionate water usage shall not exceed its respective common interest share (as defined in Section Vherein) of the total allowable usage. In the event that additional water meters are secured for the Project, thus providing each condominium unit with a separate meter, each unit owner shall be solely responsible for the water charges attributable to its respective unit. fi XIII -- MAINTENANCE RESERVE FUND a) General Provisions. The Board of Directors shall establish and maintain a Maintenance Reserve Fund by the assessment of and payment by all the unit owners, in equal monthly installments, of their respective proportionate shares of such reasonable annual amounts as the Board may estimate as adequate to cover each unit owner's obligations to provide for utilities, insurance, maintenance and repair of the common elements, and other common expenses of administration of the Project, which shall be deemed conclusively to be a common expense of the Project. The Board may include reserves for contingencies in the assessment, and the assessment may from time to time be increased or reduced at the discretion of the Board. The proportionate interest of each unit owner in said Maintenance Reserve Fund, or in the capital contributions or Custodial Fund provided for in Section XII above, cannot be withdrawn or separately assigned, but shall be deemed to be transferred with such unit even though not expressly mentioned ordescribedintheconveyancethereof. In case the Condominium Property Regime hereby created shall be terminated or waived, said Maintenance Reserve Fund, capital contributions or Custodial Fund remaining after full payment of all common expenses of the Association shall be distributed to all unit owners in their respective proportionate shares. b) Waiver of Fund. In the event that the Project has no common expenses that require regular monthly assessment and payment, the Board of Directors may elect not to establish and maintain a Maintenance Reserve Fund and to instead levy special assessments only when common expenses arise from time to time. Whenever such special assessments are levied, the Board shall assess the owners according to their respective proportionate shares. XIV -- INSURANCE a) Casualty and Liability Insurance. The Association shall at all times keep all improvements of the Project insured against loss or damage by fire, in an amount sufficient to provide for the full repair or replacement thereof in the event of such loss or damage. Ep Flood insurance shall also be provided under the Federal Flood Disaster Protection Act if the property is located in an identified flood hazard area as designated by the federal Department of Housing and Urban Development. Exterior glass or other casualty coverage may be provided at the option of the Association. In addition to the foregoing casualty coverage, the Association may purchase and maintain directors' and officers' liability insurance with minimum coverage in such amount as shall be determined by the Board of Directors. All insurance premiums incurred pursuant to this subsection shall be common expenses. s 10 b) General Insurance Provisions. All insurance required under this section shall be written on the property in the name of the Association of Condominium Owners and shall be purchased from an insurance company authorized to do business in the State of Hawaii. All provisions for insurance contained herein are without prejudice to the right of each unit owner to insure his own unit for his own benefit. c) Individual Insurance. In the event that none of the structures comprising the improvements portion of the Project contain more than one unit, but rather each of the individual units of the Project is comprised of a separate detached structure or structures, the Association may, at it option, elect to comply with the provisions of the foregoing subsection (a) by alternatively requiring that individual unit owners provide their own casualty and liability insurance; PROVIDED, HOWEVER, that (i) any such decision to allow individual unit owners to insure themselves must be by unanimous agreement of and participation by all unit owners of the Project, and (ii) all insurance policies so secured shall name the Association as an additional insured party. Payment of any premiums pursuant to this subsection shall not be a common expense, but shall be the responsibility of each individual unit owner. The provisions of this subsection shall not apply to any portion of the Project comprised of improvements deemed common elements under this Declaration; said common elements shall be insured by the Association at its common expense. XV -- DAMAGE OR DESTRUCTION OF IMPROVEMENTS a) Individual Units. If any part of the improvements of an individual unit, including any limited common element appurtenant exclusively to said unit, shall be damaged or destroyed by an insured or uninsured casualty, the determination of whether or not to reconstruct or repair the same shall be made by the owner of said unit. Specifically, unless the owner of the damaged or destroyed unit, with the approval of the holder(s) of any mortgage(s) affecting said unit, decide against such reconstruction and/or repair, or unless this Declaration is terminated by vote of all of the unit owners pursuant to F' the provisions of Section 514A-21 of the Condominium Property Act, said owner shall proceed promptly and diligently with reconstruction and/or repair of the unit; provided, however, that said owner shall be provided a reasonable time period for the adjusting of any insurance loss, preparation of building plans, hiring of contractors, architects, and other professionals, and arranging of financing. All such reconstruction and/or repair shall be made in accordance with plans conforming to this Declaration and to all laws and ordinances then in effect. If the owner of a damaged or destroyed unit elects not to repair or reconstruct the unit pursuant hereto, said owner shall be responsible at his own cost and expense to remove all remains of the unit so damaged or destroyed and to restore the site thereof to good orderly condition and even grade. Any insurance proceeds payable with respect to the unit in connection with a casualty loss shall be paid to the unit owner and his mortgagee(s), as their interests may appear. b) Common Elements. In the event of loss or damage which extends to any part of the common elements of the Project, the Association shall promptly reconstruct and/or repair such improvements unless the Declaration is terminated pursuant to the provisions of Section 514A-21 of the Condominium Property Act, with the consent of all mortgagee(s) of any unit(s). Restoration of the common elements shall be completed 11 diligently by the Association at its common expense, according to the original plans and elevations thereof, or such modified plans conforming to laws and ordinances then in effect. Unless restoration is undertaken within a reasonable time after such casualty, the Association, at its common expense, shall remove all remains of improvements so damaged or destroyed and restore the site thereof to good orderly condition and even grade. XVI -- ALTERATION OF INDIVIDUAL CONDOMINIUM UNITS Notwithstanding anything to the contrary contained in this Declaration, individual unit owners shall have the right, at their sole discretion and without the consent or permission of other unit owners or the Association, to renovate, remodel, make additions to, enlarge, remove, replace or restore the improvements to or in their unit or portions thereof, or to make improvements upon the land area appurtenant to the unit (collectively, the foregoing are referred to as "alterations"), provided said alterations are permitted by and done in complete accordance with all applicable ordinances, codes, rules, regulations or other requirements in force at the time said alterations are made. All alterations made by a unit owner pursuant hereto are subject to the following conditions: a) All building plans prepared in connection with any such alterations shall conform with all applicable County building and zoning ordinances. Ib) No improvements shall be constructed outside the limited common element land area appurtenant to the unit. All improvements (exclusive of fences, walls and/or driveways) constructed after the date of this Declaration shall maintain a minimum setback of twenty feet (20') from all property lines (including all individual limited common element land area perimeter boundaries), or such greater distance as may be required by applicable zoning ordinances. No alteration to a unit will be made if the effect of such alteration would be to exceed the unit's proportionate share of the allowable floor area and/or lot area coverage for the land upon which the Project is located, as defined by the applicable zoning ordinances in effect when the alteration is to be made; pursuant hereto, each unit's proportionate share of the buildable floor area and/or lot area coverage shall be the same as its common interest share (as defined in Section V herein). c) All such alterations shall be at the expense of the unit owner making said alterations, and shall be expeditiously made and in a manner that will not unreasonably interfere with any other unit owner's use of their limited common element land area. d) The owner of an altered unit shall have the right to utilize, relocate and realign existing appurtenant installations and/or to develop additional appurtenant installations for services to the unit affected by such alterations for electricity, water, sewer and other utilities and services and, when applicable, to add, delete, relocate, realign, designate and grant easements and rights-of-way over, under and on the common elements and/or any limited common elements benefiting more that one unit as necessary or desirable in connection therewith; provided that the same k'- 12 shall not cause any interruption in the service of such utilities to any other part of itheProject. e) The owner of any altered unit shall have the right and duty, without the consent or joinder of any other person, to amend and shall be required to amend thisDeclarationandtheCondominiumMaptoreflectanysuchalterations. If required by the Condominium Property Act, then promptly upon completion of such alterations, the owner of the altered unit shall duly record an amendment to this Declaration with the Bureau of Conveyances of the State of Hawaii, together with a complete set of floor plans and elevations of the Project as so altered, certified as a` built by a registered architect or professional engineer. Pursuant hereto, all unit owners and their mortgagees, by acquiring an interest in a unit, shall be deemed to have been granted a Power of Attorney from all other unit owners to execute an amendment to this Declaration solely for the purpose of describing the alterations totheirrespectiveunit. This Power of Attorney shall be deemed coupled with each owner's interest in their unit and shall be irrevocable. f) Until such time that all four units of the Project have been issued a building permitforatleastonedwellingunit, no alteration or addition shall be made to a unit and no addition shall be placed upon the limited common element land area appurtenant to such unit if the effect of such alteration or addition would be to create more than one dwelling unit, as defined by the County, upon or within such unit or land area; I` PROVIDED, HOWEVER, that after all four units of the Project have been issued a building permit for at least one dwelling unit, any unit owner may attempt to secure building permit(s) to construct additional dwelling unit(s) as may be permitted by theCounty. g) Each and every conveyance, lease and mortgage or other lien made or created on any unit and all common interests and other appurtenances thereto shall be subject to the provisions of this section and any lease of a unit or its appurtenant land area shall reserve to all unit owners the rights set forth in this section. XVII --JOINDER AND POWER OF ATTORNEY a) Joinder. To the extent that joinder of any other unit owner(s) may be required in order to effect any alterations to individual units as provided for herein, or to otherwise make lawful use of their unit to the extent and in the manner allowed by applicable law or ordinance, including but not limited to the obtaining of building permits, governmental applications, and/or amending of the Declaration or Condominium Map and the recordation thereof, each and every owner, by acquiring an interest in the Project or property, by such acquisition, consents and agrees to execute such documents and instruments and do such other things as may be necessary or convenient to effect said alterations or make such accomodations. b) Power of Attorney. The Fee Owner, and after creation of the Association, the President of the Association, is hereby granted a power of attorney to execute all building permits, governmental applications or similar matters sought by the Association or 3: E 13 any individual condominium unit owner. Said President, when requested, shall promptlyexecuteallsuchdocumentswhichdonotviolatelaworanyProjectdocuments. XVIII -- COMPLIANCE WITH CONDOMINIUM LAW, DECLARATION, BY-LAWS AND ASSOCIATION ACTIONS All unit owners, their tenants, families, servants and guests, and any other persons who may in any manner use the Project or any part thereof, shall be bound by and shall complystrictlywiththeprovisionsoftheCondominiumPropertyAct, Chapter 514A of the HawaiiRevisedStatutes, this Declaration, the By-Laws of the Association of Condominium Owners, and all agreements, decisions and determinations of the Association, as lawfullymadeoramendedfromtimetotime, and failure to comply with any of the same shall be grounds for an action, with costs and fees chargeable to the losing party, to recover sums due, for damages or injunctive relief, or both, maintainable by the Managing Agent or theBoardonbehalfoftheAssociation, or in a proper case, by an aggrieved unit owner. The aforesaid By-Laws of the Association, recorded concurrently herewith, are incorporatedhereinbyreference. XIX -- RIGHTS OF MORTGAGE HOLDERS, INSURERS OR GUARANTORS a) Notice Required. The Association shall provide the holder(s), insurer(s), or guarantors) of the mortgage(s) on any unit in the Project with timely written notice of anyofthefollowing: (a) any condemnation or casualty loss that affects either a material portion of the Project or the unit securing its mortgage; (b) any 60-day delinquency in thepaymentofassessmentsorchargesowedbytheownerofanyunitonwhichitholdsthe tmortgage; (c) a lapse, cancellation, or material modification of any insurance policy orfidelitybondmaintainedbytheAssociation; and (d) any proposed action that requires the consent of a specified percentage of mortgage holders. b) Priority of Mortgage Holders. Notwithstanding anything in this Declaration or 1 the By-Laws of the Association of Condominium Owners to the contrary, no unit owner or any other party shall have priority over any rights of mortgagees of units pursuant to their mortgage(s) in the case of a distribution to unit owners of insurance proceeds or condemnation awards. c) Amendment of Declaration or By-Laws. No amendment of this Declaration or of the By-Laws of the Association of Condominium Owners shall affect the rights of any l mortgagee of any unit in the Project whose mortgage is recorded prior to the recordation ofsuchamendmentandwhodoesnotconsenttosaidamendment. Any amendments of a material nature to either the Declaration or By-Laws shall require the consent of mortgageholdersrepresentingatleastfifty-one percent (51%) of the votes of unit estates that are subject to mortgages held by holders. ti t. g 5: 14 XX -- AMENDMENT TO DECLARATION Except as otherwise provided herein or in the Condominium Property Act, this Declaration may be amended upon the vote or written consent of seventy-five percent (75%) of all unit owners, effective only upon the recording of an instrument setting forth the amendment and vote duly executed by said owners or by the proper officers of the Association of Condominium Owners. XXI -- ACTIONS OF FEE OWNER As long as the Fee Owner owns one or more of the units of the Project, said Fee Owner shall be subject to the provisions of this Declaration and the By-Laws of the Association of Condominium Owners; provided, however, that prior to the first meeting of the Association, the Fee Owner shall have full authority to represent the Association and shall act in all matters as the Association. XXII -- ARBITRATION At the request of any party, any dispute concerning or involving one or more unit owners and the Association of Condominium Owners, its Board of Directors, managing agent, or one or more other unit owners relating to the interpretation, application or enforcement of the Condominium Property Act (Chapter 514A, Hawaii Revised Statutes, as amended?, this Declaration, the By-Laws, or House Rules adopted in accordance with said By-Laws, as said documents may be hereafter lawfully amended, shall be submitted to arbitration. All arbitrations shall be conducted, unless otherwise agreed by the parties, in accordance with the provisions of Chapter 514A, Part VII (Sections 514A-121 et seq.), of the Hawaii Revised Statutes. XXIII -- INVALIDITY The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. XXIV -- STATUS OF PROJECT The Project is a conversion of fully constructed and existing structures to condominium status. Said structures are in compliance with all zoning and building ordinances and codes applicable to the Project. No variance has been granted to achieve such compliance. To the best of Fee Owner's knowledge, information and belief, the Project does not contain any legal non-conforming uses or structures as a result of the adoption or amendment of 15 XXV -- RESERVATION OF DEVELOPMENT RIGHTS The Fee Owner, on behalf of itself and all future individual unit owners of the Project,hereby expressly reserves the right to subdivide the land upon which the entire Project islocated. In the event that the Fee Owner (or, in the event that there are more than oneowneroftheProject, all of the unit owners of the Project, hereinafter referred to ascollectiveunitowners") is able to obtain formal County subdivision of the property intofourparcels, each parcel being identical in size and configuration to the four limited common land areas appurtenant to each of the four units of this Project, said Fee Ownerorcollectiveunitowners, as applicable) may, at its option, remove the entire property iY from the provisions of the Condominium Property Act, pursuant to Section 514A-21 of theHawaiiRevisedStatutes. Pursuant thereto, the Fee Owner (or collective unit owners, as applicable) shall execute and record any amendment(s) to this Declaration or otherinstrument(s) necessary to effect said removal. All costs incurred in connection with the exercise of the development rights reserved herein shall be shared by the collective unit owner(s) of the Project at the time said development rights are exercised, in proportion totheirrespectivecommoninterestshares. This reservation of development rights shall accrue to the benefit of any and all successors in interest and assigns of Fee Owner and/orthecollectiveunitownersoftheProject. o- 3'- fi 5 l':: 16 IN WITNESS WHEREOF, the Fee Owner has executed this Declaration of Condominium Property Regime for the GREENER PASTURES Condominium Project dated t' the 1st day of October, 1997. HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership, 2_,„....,„ By t!%( DAVID A. LUCAS, Managing Partner Y: Fee Owner Ytis k i. STATE OF HAWAII SS: COUNTY OF HAWAII On this /7' day of e-Ve7!? '''L 1997, before me personally appeared DAVID A. LUCAS, to me personally known, who, being by me duly sworn, did say that he is the Managing Partner of HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership, that the foregoing instrument was signed in the name of and in behalf of said partnership, and said DAVID A. LUCAS acknowledged that he executed the same as his free act and deed as the free act and deed of said partnership. f 2 NOTARY k 0,ri , -))--A/C `%- <:, - d7---f I ' ---•— No r r,Public, State of Hawaii PUBLI M , ol'nmission expires: 7'- j EXHIBIT "A" All of that certain parcel of land (beingportion(s) of the land(s) described in and covered by RoyalPatentNumber4475, Land Commission Award Number 7713, Apana 43toV. Kamamalu and Royal Patent Number 8217, Land CommissionAwardNumber3660toJohnP. Munn) situate, lying and being onthesouthsideofKahului2ndandapproximately4,800 feetnortheastofMamalahoaHighwayatHolualoa1stand2nd, NorthKona, Island and County of Hawaii, State of Hawaii, being LOT 5ofthe "WAIONO MEADOWS', and thus bounded and described as persurveyofRussellFigueiroa, Registered Professional SurveyorwithR. M. Towill Corporation, dated January 19, 1987, to-wit : Beginning at the northeast corner of this parcelofland, on the south boundary of R.P. 1669, L.C.Aw. 8516-B toM. Kamikui, the coordinates of said point of beginning referredtoGovernmentSurveyTriangulationStation "KEAHUOLU R.M. NO.1" being 5,667.19 feet south and 32,054.96 feet east, and thence running by azimuths measured clockwise from true south: 1. 336° 39' 2813.15 feet along the west boundary of Lot 8 of Waiono Meadows; 2. Thence along the north boundary of Lot 11 (roadway) of Waiono Meadows, on a curve to the right with a radius of 520.00 feet, the chord azimuth and distance being: 80° 17' 00" 320.80 feet; 3. Thence along the north boundary of Lot 11 (roadway) of Waiono Meadows, on a curve to the left with a radius of 400 .00 feet, the chord azimuth and distance being: 74° 21' 00" 324.11 feet; 4.50° 27' 194.00 feet along the north boundary of Lot 11 roadway) of Waiono Meadows; 5. Thence along the north boundary of Lot 11 ( roadway) of Waiono Meadows, on a curve to the right with r O. 4 8811.11881.1 811 8..Iti.iEllABFRCROM8IF41,„ ';--.1u r7A n 5959 '\:?..% II f.`. FSTNER KL,'t1%1 1 rMi Q kit } i F ,r 1 lik= N. L j W11118%1847{11 i k STATE OF HAWAIif MdE+a«is DE:PARI AIE\T OF LAND ASD\A7l RAI,RE:SOl1RCES S I AI I. HISTORIC PRI:SI RVA IION t)IVISiON 6{)1 KAMOkIlA BOULEVARD,FVARD,R(X M 555 eV KAPOI El.HAWAII )67(17 April 4.2013 s George Yasuda LOG NO:2013.2035Ijar*ehawaiiancl_ne) DOC NO: 1304MV0I Archaeology f? Dear Mr. Yasuda: jj l SUBJECT: Chapter 6E-42 Historic Preservation Review— i County of Hawaii Grubbing Permit Application for Dave Lucas/Doug HickeyHotualoaAhupua`a,North Kona District,Island of Hawaii TMK:(3)7-6-002:028(portion) iThankyoufortheopportunitytoreviewthisgradingpermitapplicationthatvsasoriginallyreceivedbyourofficeonFebruary28, 2013. According to the application. 12 acres of the 20 acre project area will be grubbed A review of 1. our records indicated that there are no known archaeological sites within this project area. Our records also indicate I' that this parcel has not been subjected to an archaeological inventory survey. Because this project area is located within the geographic boundaries of the Kona Field System, SHPD believed that there is high probability 1archaeologicalresourcesonceexistedwithinthisthisprojectarea. It is unclear from the aerial photos whether any t previous ground disturbance or mechanical clearing activities have altered this property. In order to determine if t historic sites are, SHPD requested the opportunity to conduct an archaeological field inspection of the proposed project area(LOG 2013.202.4,DOC NO 1303MV 10), t A field visit was conducted on this property on April 4,2013 by SHPD staff archaeologist Michael Vitousek. No archeological sites were observed during the field inspection. The field visit also indicated that the subject property ishadbeenpreviouslyimpactedbymassgrubbing.Therefore,it is unlikely that historic properties remain intact t'within this project area,and SHPD believes that no historic properties will be affected by this project. In the I, event that historic resources, including human skeletal remains,structural remains,sand deposits,midden deposits. I. or lava tubes are identified during construction activities,please cease work in the immediate vicinity of the find, S protect the find from additional disturbance.and contact the State Historic Preservation Division at(808)433-7653. IPleasecontactMikeVitousekat(808)652-1510 or \lig hael,l iI„u;cl,u I lila aibk,; ifyou have any questions or isconcernsregardingthisletter. f, s. Aloha, e t14t°.t' Vis '.W.. Y Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division it t F. t t t L Exhibit B Aloha I lawaii County Planning Commission.. Please allow me to introduce myself. My name is Elizabeth Theriault, our family business is Kona Art Gallery in Ilolualoa. We host 23 Artists all from the Rig Island and many from the Holualoa area. My husband Gary and I. with our son have lived and worked in Hawaii for 35 years. Additionally, part of the community service work I do is Ceremonial based, for healing. love, life, and peace. (multi-cultural bridging, empowerment with music,officiating weddings,and hospice care). We support Sunshower Farms EEC's application for a special use permit for a wedding venue because with the environment to support Community in a multitude of ways along with a venue on land with animals, sacred and native trees, view of coastline and ocean there are many many opportunities to be of service not only for financial gain, but also as needed for healing, sharing Hawaiian values, provide very much needed wedding venues,and a sense of Ohana and community simply by being present there, or even better, by participating. In these ever changing times, to have welcoming family based businesses, holistic with all elements of life can truly expand ones experience to have even more Aloha to share and understand the values of life so important for balance, growth and basic human happiness. We thank you for your time and consideration of these words which have proven themselves in action. I have been blessed to officiate weddings at Sunshower Farms....I have witnessed the positive impact of this Ohana for the betterment of residents, visitors, and the balance of Hawaii life itself. Mahalo Nui Loa. Elizabeth and Gary Theriault Kona Art Gallery. Holualoa. III blessingways!iiyahoo.com ik ft\\.lhle'sin;;;\\tit,.ne°t is t Exhibit C Aloha Hawaii County Planning Commission. My name is Aislinn Chalker and my business is Wilde Sparrow Photography, based in Waikoloa on the Big Island. I strongly support Sunshower Farms LLC's application for a special use permit for a wedding venue because of the huge potential it has to bring additional business and revenue to the many local small businesses on the Big Island that work in the wedding industry. In 2013, a study found that the wedding industry in the United States brings in $53.4 billion dollars a year in wedding-related expenses. But currently. on the Big Island. there is only a small number of wedding venues, most of which are hotels, greatly handicapping the potential for the county to truly benefit from this billion-dollar industry. The wedding industry is made up of multiple smaller businesses like caterers, wedding consultants. various beauty suppliers(hair, makeup). photographers, musicians, etc... A new wedding venue would mean a new outlet for spending dollars from wedding clients to any or all of those local businesses and would greatly serve the local economy. And Sunshower Farms has made it a point to always whole-heartedly support their fellow small business owners. They are just downright good people and good neighbors and I know in my heart they would make it their mission to ensure that as many local vendors as possible are supported with this new venue endeavor. Mahalo. Aislinn Chalker Chalker& Co LLC, DBA Wilde Sparrow Photography aislinn( wildesparrow.com www.wildesparrow.com is Aloha Hawaii County Planning Commission, My name is Corinne Priest and my business is Aloha Zoe Photography located on Hawaii Island, I support Sunshower Farms LLC's application for a special use permit for a wedding venue because my husband and I (owners of Aloha Zoe Photography) are so grateful for everything this establishment has done for us. The first time I ever heard of Sunshower Farms was when my husband and I were looking for a place to have our own wedding reception when we got married almost two years ago. During our search, we found Sunshower Farms to he everything we hoped for on our wedding day! Sunshower Farms is such an authentic and unique wedding venue unlike anywhere else in Hawaii that highlights the importance of coffee farming, which is so important to the island's history and culture. We strongly think that the Big Island is in need of more diverse wedding venue locations, and Sunshower Farms is an incredible option for couples seeking an alternative venue location to experience one of the most important days of their lives. i- After talking to Kate and feeling totally confident in her ability to help us plan our reception, my husband and I decided that Sunshower Farms would be the perfect wedding reception for us. I can attest that Kate and her amazing team's effort made our day so memorable. Two years ago,we started our wedding photography business and since then, we have had the pleasure of capturing other couple's wedding days at Sunshower Farms. Our clients have been absolutely thrilled with Kate and her team's work ethic and overall wedding experience. We have clients ask all the time about alternative wedding venues that are not oceanfront restaurants. hotels, or on a beach. We absolutely love recommending Sunshower Farms because it is such a special location, and it really appeals to many of our clients' preferences when looking for a unique venue. t'- Nlahalo.ri. Corinne and Ryan Priest Aloha Zoe Photography contact@alohazoephotography.com 11ohaioephot., rt,l orn Aloha Hawaii County Planning Commission. F- 5" Aloha Hawaii County Planning Commission. My name is Nakoa Pabre and my business is Umekes Fish Market Bar and Grill. I support Sunshower Farms LL.C's application for a special use permit liar a wedding venue because it is a unique and beautiful venue for events in Hawaii. So many venues in Hawaii are focused on the beach side weddings but being up in the mountain with the fresh air and the breath-taking views of the Kona coast is another great option for destination weddings. Umekes LLC especially supports Sunshower Farms because Kona needs more small. local owned businesses to thrive. With Sunshower Farms business thriving, it in turn would help small businesses like Umekes by giving us catering opportunities and further advertising our business. Together small businesses like Umekes and Sunshower can aid in each other's successes and help the Kona community to thrive.r Mahalo. Nakoa Pabre Umekes LLC Nakoa a umekesrestaurants.com Umekesrestaurants.com k• E.. Aloha Hawaii County Planning Commission, My name is Mark Hinwood and I am the owner and principal photographer fir Mark Hinwood Photographer LLC. My business operates out of Kailua Kona and is a part of the thriving wedding market that is here on Iiawaii Island. I have been a professional photographer photographing weddings for 10 years now and one of the trends I am currently seeing is that wedding couples are in search fir unique venues that offer something extra for them and their guests and Sunshower Farms offers this. A common theme is that clients are wanting local small vendors/businesses that connect with each other to make their whole wedding unique & personal. I have worked with Sunshower farms multiple times and not only are they a wedding venue utilizing multiple vendors such as local photographers, florists, chefs, brewers, officiants. musicians etc but they are a working farm that creates products which are utilized by local businesses integrating them into their own products. Sunshower farms is part of an amazing network of businesses that support each other and I can only see the expansion of their wedding venue as a positive and much needed addition to the community and Hawaii Island at large. Mahalo, Mark Hinwood Mark Hinwood Photographer 1,1.0 info'a)markhinwood.com www.Mark l l i nwood.com S. Y' L` fi t Aloha Hawaii County Planning Commission. My name is Suelang Watson and I am a mobile DJ based out of Hamakua. Sunshower Farms makes a wonderful wedding venue and I fully support their(Sunshower Farms t LLC's)application for a special use permit for a wedding venue. t Over the last couple of years I have provided DJ services for multiple wedding parties at Sunshower Farms. Offering their property as a wedding venue for couples benefits not only the bride groom and their wedding guests because of the beautiful and unique location of the farm - making for a very special, memorable day, but it is also a real boost for the array of the local vendors who are hired to provide whatever wedding services they specialise in. It has been a real blessing for me, being repeatedly hired by people from an array of interesting a places who have chosen to come together at such a gorgeous location as Sunshower Farms in order to celebrate their union amongst loved ones. I enjoy the privilege of sharing my passion for i` music on their super special day,and as an added bonus I get paid to do so! Myself and many others small businesses from our Big Island community benefit from opportunities of paid work as a result of Sunshower Farms being a wedding venue. I look forward to continued success and abundance collaborating with them to provide wonderful wedding experiences for their clients. tt Mahalo, 4 g Suelang Watson i Suelang Watson D1 Lyra Love - Event DJ Suelang.Watson@gmail.com b` 1 it i`. Aloha Hawaii County Planning Commission, My name is Breanna Nelson and my business is Bre Rae Photography I I C, in Kailua-Kona. f fawaii. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because more wedding venues will help bolster our local economy in countless ways. Not only for my small business, but for other local photographers. wedding planners. makeup artists. and other local wedding industry prokssionals. More wedding venues will attract more people to the idea of coming to big island to get married which will have a positive effect on all local businesses involved in the wedding industry. When I was planning my own wedding on Big Island not too long ago, 1 noticed there were far too few formal facilities available for weddings. and most venues were at the resorts which are. for the most part. not locally owned. I would personally he thrilled to he able to collaborate with t' more locally owned venues and a special use permit for Sunshower Farms LLC would allow for this to be possible! Sunshower already has already shown they are a valuable member of the greater Kona wedding community, they have outstanding reviews from anyone who works with them. I hope you take my letter of support into consideration when considering Sunshower Farms I.LC for a special use permit. Feel free to contact me if you have any additional questions or comments. Mahalo, Breanna Rae Nelson Bre Rae Photography LLC breraephotoidgmail.com hreraephoto.L.)m zr Aloha Hawaii County Planning Commission. My name is Clare McAdam and I am an owner of Kehaulani Farms LLC in Honokaa. We are a small. family-owned. off-grid farm and a forest bathing retreat. I am writing to you to support Sunshower Farms LL.C's application for a special use permit for a new wedding venue because I believe that this will enable Sunshower Farms to significantly increase the number and size of events that they host on premises and which will therefore lead to an increase in the services and products purchased from other local businesses as well as an increase in referrals to those businesses. An increase in wedding and special events at Sunshower Farms will also create various new employment opportunities in the local labor market. Kehaulani Farms will benefit from an increase in forest therapy referrals for wedding parties and corporate groups and therefore I support the application for a new venue for sunshower Farms wholeheartedly. Sunshower Farms has always been a huge supporter of our business and of others in the farming and event communities. Thank you for your consideration. Mahalo, Clare McAdam I Kehaulani Farms claretakehaulanifarms.com www.kchaulanifarms.com I E'- it k; Aloha Hawaii County Planning Commission. My name is Anna Moreno and my business is Wild Sound Film, a photography business on Big Island. I have shot weddings at Sunshower farms and it is always my favorite venue to work with! Kate and her team are incredibly organized, responsible, and her clients always give glowing reviews of her venue and services. I very much support Sunshower Farms LLC's application for a special use permit for a wedding venue because I think it will add to the community to have another excellent wedding venue to choose from! I have friends who are getting married on the big island and their biggest complaint is that there are not enough choices when it comes to wedding venues. Especially for folks who don't have a big enough budget to go to the bigger hotels. Sunshower Farms plays a crucial role in bringing the wedding economy of the Big Island to local vendors. Please pass this permit and better the community! is Mahalo, Anna Moreno. Wild Sound Film wildsoundtilmt@tgmail.com wildsoundfilm.com 3i yi zr t 3F Aloha I lawaii County Planning Commission. My name is Sarah Lehman and my business is Sarah Lehman Photography LLC. based in Kailua Kona. Hawaii! I JOYFULLY support Sunshower Farms LLC"s application for a special use permit for a wedding venue because they add incredible value, not only to this island and this community, but also to the visitors that greet our island. Kate and her incredible team never cease to impress with their hard work and dedication to provide a beautiful and safe space for events and weddings. They are great caretakers of their land and truly respect this place that we all call home. Sunshower Farms benefits my business, too, with all of the referrals that they send my way. Kate is generous and cares to support local. Big Island vendors by connecting her clients to local photographers, florists, make up artists, caterers and more! For every wedding and event that she hosts, a half of a dozen local business owners have a job. Ifs a huge blessing to this community. especially considering the amount of weddings that Sunshower Farms hosts each year! We need more wedding venues like hers! Mahalo, Sarah Gehman Sarah Gehman Photography LLC Sarahgehmanphotoi'gmaiLcom Sal alw.ckrn nphow_com t-- Tyy i££ 4 1 Aloha Hawaii County Planning Commission, My name is Reese Klenke and my business is Reese& Renee LI,C: my wife and I are wedding photographers here in Hawaii. I support Sunshower Farms I.LC's application for a special use permit for a wedding venue because there are few on the island and the demand is increasing at their property. but also in Hawaii as a whole. More wedding venues are important to the industry here because so many couples and theirnfamiliesaretravelingfromallovertheworldtobetogetherinthisoftenonce-in-a-lifetime place. Since the demand is so high, this is beneficial to my business and other local businesses in the wedding industry where we can bring in income to support our families in this expensive state. I esupportSunshowerFarmsspecificallybecausethey're a sustainable farm, eco-friendly event space_ and environmentally conscious business; something that is rare in the Hawaii wedding venue world. Not only that, but they're so good about referring business to other local businesses 1 and not hoarding it all to themselves- in this way. they truly encompass the sharing & love within the Aloha Spirit. t They honestly want to see others succeed and thrive in this community as well as steward the land they have purchased and give back to the community in various other ways! iMahalo. Reese Klenke Reese & Renee LLC aloha(ureeseandrenee.com tis wtk.a"t"c`,Cint}i1=Slo:.t'UIIT z I< fs g Aloha Hawaii County Planning Commission, My name is Muriel Fairman and I am the owner and head photographer of'Moments by Moriel. based on Oahu. I support Sunshower Farms LLCs application for a special use permit for a wedding venue because 1 think it will greatly benefit the wedding industry here in Hawaii! I have worked with Sunshower Farms LI:C and very much look forward to working again with them in the future. They benefit my business by providing referrals for my services, and vice versa! They provide a unique experience for their wedding clients while sharing the beauty'of Hawaii. The wedding industry here in Hawaii is constantly growing and with that the different businesses involved will need to grow as well to keep up. Mahalo, Muriel Fairman Moments by Moriel, I.I,C momentsbymorieVd gmail.com is Momentsbymoriel.com is 3?. 1 Aloha Hawaii County Planning Commission. My name is Linda Dickinson and my business is Makeup Artistry by Linda. LLC.; located in Kailua-Kona on the Big Island. I support Sunshower Farms [:[.C:'s application for a special use permit for a wedding venue because they are responsible business owners who always takes into ttt consideration what's best for our residents here by making socially responsible business decisions. Having more wedding venues would not only be more beneficial to the tourists who are planning f? a destination wedding on the Big Island, but it would be beneficial to my small business -as well as many other wedding industry small businesses as well. I do wedding hair and makeup and it is my primary source of income. Having another much-needed wedding venue will help to bring 1' in more weddings as well as help to accommodate our local residents who wish to marry on the island - but have limited options. t As a local business owner, I support Sunshower for this permit because as people, Kate & Doug do such a wonderful job with their family-owned. environmentally friendly farm. Anything they do is carried out with a well-thought-out passion to help the Big Island to be a sought out wedding destination spot. I hope that you will consider granting a wedding venue permit to Sunshower Farms. I have no doubt in my mind that it would bring so much opportunity to our island. M aha lo. Linda Dickinson Makeup Artistry by Linda. [.I.C. I.inda,Amakeupartistrybylinda.com http://www.makeupartistrybylinda.com Aloha Hawaii County Planning Commission, My name is Bailey Makaimoku and my business is Bailey Makaimoku Photography based out of Hilo, HI. I support Sunshower Farms l.LC's application for a special use permit for a wedding venue because I have shot multiple weddings here and Kate and her husband take great care of their property, are wonderful considerate neighbors. and provide a unique Big Island venue to their wedding couples. ti In Hawaii, there is a lack of venues that provide a more intimate experience on a property that supports locally grown crops and other small businesses. This helps them sell their coffee they are already growing locally and giving more people a taste of what it is like to he on the BigIslandvs. a tourist wedding ata hotel. Again, 1 100% support Sunshower Farms pursuing this permit because to have a separate venue would allow them to be able to serve more couples, p: support other local businesses and helpothers visiting Hawaii to get1• a more unique and intimate look into what Hawaii is really like. They raise and take care of farm animals, the coffee farm. and all other parts of their property to give their clients the most for their wedding day. Mahalo, Bailey Makaimoku Bailey Makaimoku Photography' Aloha Hawaii County Planning CommkQon. Uy name is Hanaia allah and I own E bra, l Consulting LEC. Isupport Sunshower Farms LLC's application for a specialcial use permit for a wedding nue because having more wedding venues is extremely beneficial economically for our town. I support Sunshower. specifically. for this permit because they are an interactive,essential part of our Big Island community & wedding industry and this will be an incredible addition to their business! Mah|% Fana}adHa ElanaLoo Consulting, LLC h lli&n to.cm Elanaloo.com 1 l Aloha Ilawaii County Planning Commission, My name is Hannah and my business is Hannah C's Photography located in Kailua Kona on the Big Island of Hawaii. I support Sunshower Farms L.LC's application for a special use permit for a wedding venue because they are such a quality venue that really cares about their clients and the Island. For me personally as a wedding photographer, such a quality venue that brings in couples looking to get married on the Big Island is a big deal. Sunshower Farms are huge supporters of local businesses and a true representation of Aloha, and they bring in clients that are also looking for that local and organic experience. Sunshower Farms is one of my favorite places to get hooked for a wedding on the island,and I am really looking forward to them expanding and being able to support more clients that are looking for a laid back farm setting to celebrate their love. It would mean a lot to all of us in the wedding industry if their application for a special use permit for a wedding venue was accepted. Mahalo. Hannah Cooper Hannah Cs Photography Hannahtahannahcsphotography.com HannahCsPhotography.com y3 5 k t e i Hello Hawaii County Planning Commission, Ms. name is Jon Bodhi Harris and my business is Jon Bodhi Film and Photography based in Kailua-Kona. I support Sunshower Farms I.I:C 's application for a special use permit for a wedding venue because they are one of the few local wedding venues that support local business. I shoot weddings all across the Island chain from upscale resorts to small intimate beach weddings. A lot of my weddings take place at the big resort hotels. Big resort hotel weddings usually find all their vendors in house and don't support other local businesses like food catering, flowers, and entertainment. I love Sunshower Farms because they source their vendors locally. Small local eateries like Shaka Tacos, and Loko Wraps cater the weddings, local floral designers. and local wedding videographers like myself. I support Sunshower Farms because they balance the economy by letting smaller business participate in larger weddings. The Sunshower Farms expansion will help support small local business like myself and bring more money into the local economy. Mahalo, Jon Bodhi Harris Jon Bodhi Film and Photography Jonbodhi8084gmail.com www.bodhiweddings.com s Iis I 1 t 1 R'' t` Hostwaii.' S()())id& 'L'')ti)()j 4 f i i Aloha Hawaii County Planning Commission. I IMynameisJessicaBrunerandIrepresentHawaiiSoundandVision,an 1 audio w isual and like entertainment company ws ith more than 20 years of experience working at the top locations on the Big Island of Haman, I am w riling this letter in support of Sunshower Farms and their exciting form aid momentum as a wedding event venue. We are so grateful to have been a part of so many wonderful celebrations at Sunshower Farms and look forward to many more in the future. 1 i Speaking on behalfof our entire team, we support Sunshower Farms LLC's application for a special use permit for a wedding senue. This island is such an l amazing place to celebrate a marriage and has ing a ‘enue as unique as each individual's love to celebrate is so significant to the experience. Vs e hake been very fortunate to he a part of countless events at countless venues,and we truly j believe Sunshower Fames stands out in such a special and indiw idual way. I t 1 Vs e are so wary passionate about our community and industry and believe Sunshower Farms has the !momentum to become an important part i however big or mall)of our island's ability to thrive economically'. creatively and as an ohana. i Thee sort of partnerships and celebrations are what bring us together as humans and fuel our growth as both indiw!duals and as a community. Mahalo, Jessica Bruner Technical Sales Associate I Coordinator Ilaaaii Sound & Vision is +. ,. 1, . h 1•. :lis OFFICE.: (S08)982-3330 MOtill.F:: (808) 785-2718 t t• 808-982 8330 NtA 8088 982 8340 C,I: alaha.atnawaiisay.com www.hawaiisav,com i t I i I t t: i F t i i'-..i. t ti i i i I I \ \\ \ I - I I \ 'I'( ) I ( i I I l'., I ). LL . 1 t t t t t Fit)ntit,-, I, 2.20 t rNIitliat.I.J. 1,,tr, n 1..` 1),i11 N.Crit SI Fitf t f f f. I 1.tt 1L.,i,,,, I f.,,„,,,i( t," VI ,,,,....,( „.1 ,,,,i,,,i,,,, i-. t 1.NI, II im, \Ir,I,,,-!1 I.,,!,,i,.,.itr I,ti i,11.I1 its. Iii,iIi(;-'I II,i II;ILI, III I III ,iIi It tii. 11.1,I Willi NI1II Ili iliIt\1 k IIII2,N '',1..”•,II,;,,-_,ilt.-,i ,“1 I Its Ii.lii f i ii Iit.iii.E.ii I 11.11,,til 1,I til11, ;".:Ii IIIIII I las,.11 t i.1,14 dc.iii...,‘ ,...,,l,i;J:,...I/,'I II' v lit'i'l l'I'"t4Iit.'' l'' ILA HI 'Int:,Xli I ttt4Ilih',III(01 i"I III, i i iii I:I lili;titkt1 ''III"*'I ""'"" '''\' I """`I I( ' Ait'Ili•"" "I'' ''''14'''I '' 1" I A'" I.'" 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If,,„1,\\,.1,1,,t ti-i f 11..ft.tts.m.,,It\,tithlytt.,.."-'4,I,tit_ftt ti tlit i 1 f II.11.iiIiIIIIIiilt Aril it It L' t iMI5./ 511111:5.511.01,triti114 1,4.1t Its,;,1,111)...1, I: t ttt; f 1f f t V i i i 1 1i hrotut .ficach I cti(iiltos C.; 2c51 4.T; 1 R35, 1;775 5, Deo' Fir-PA.3 COL.rITY 1(.111 u CnOft 1 1IA'10 IS Bnkv Rlihn ) Ir4 S IT p Korot. n II it K.3,111A Kona H i sigrp,.),t Surshow,ntr Ig-vogs IC', tor 1Illihe-a vie-rig:111g vcrl.,lgt.: C1T VICT:10 1'q tint are not at lettols, that oh' : up es tie opportuc:tv'or tr.beziotJg.. at4ordaoh: dad antygic Bq Itsidota gtvecgidr t•gt A t'ic....rtltt y L) i d iQ wrtrAriogg.ts and Ft2T 1 llf,,,,;•(•s (,r()f• • s !lir) 9g.tgrt c ,--r-tartr.g.tI rI t.gtor:t orogg grittn.,,, WI: 1 HI:, btatit 4, try jot., rrt/ 111111ng tik, ral I', :1' 1 R ii STFTrICT IS 01'arKITil" the CC.1-n7-21.1'7‘,'"nerds tk,a rh s ea- a htot.gal et ,rt, 3,1,,ant, httit -,tarnetht-z n (.r., cirr,',1'. 131- r Iiaat'legily tgr.4..gnant Fjr ICc i:ecorne saact C)fle:73 11..`•-•("Zi f`V c;;,..11-TIPc tint a lorgg'r y J'A'1(.6 B r,g datigg Bt 11 vi II Ita whole o;the wedd ng rionsrrti-.ere to Kona acd wor dr,so roar y opr.):10-u,),t.,•„"s Tor n ve,ITI,11T.It' 'hi..1.40T1i,:,11Ij .1 -1 Ii, _1 111..1T ITT tie St=“y/1t1,Ti Th/IT Yo trs S cl,terely Becky Ring'cn 4r1,1') In! Si11,H1 K(.1,1,1 SlrnpieKonaBeachWerldgngs4.grnat'COM 1-888-582 5775 g,1 tt r 1 Aloha Hawaii County Planning Commission, My name is Ashley Akamu and I am co owner and manager of Bula Music. We are an entertainment company based out of Holualoa specializing in music and Hawaiian entertainment for special events. We fully support Sunshower Farms LLC's application for a special use permit for a wedding venue because of their professionalism, dedication to the community, and genuine Aloha. We have had the pleasure of providing entertainment for many weddings and events held at Sunshower Farms and each time. we are blown away with the venue and owner Kate. Kate is beyond professional, always organized. prompt, and attentive. You can tell she deeply cares for each of her clients and makes a personal unique experience for each of them 1'Sunshower Farms has excelled in the wedding industry and has gained an 1incrediblereputationamongstthecouplestheyserveandthevendorstheywork with. As a wedding coordinator of 11 years, I understand the demanding dedication it takes to run a successful wedding business and I can tell you that 11 t Kate definitely empowers that dedication. She and her team provide absolutely 3 beautiful weddings that help to further make a name for Big Island. Holualoa as a community, and Hawaii's coffee industry. They provide a unique style focusing on sustainability and eco friendly options that many other venues do not offer 1 This alone is extremely important to the future of our island. With each wedding comes the need for numerous vendors which in turn means that the potential economic benefits of each wedding is substantial We stand J behind Sunshower Farms with the upmost confidence that if they are granted this t permit, they will continue to excel by attracting more couples. providing jobs forjlocalvendors, and promoting the beauty of our island as a whole Sunshower Farms is truly a remarkable business with a hard working team. They are one of a kind and their potential to further promote Big Island and the A beautiful weddings they create should not be underestimated i' Mahalo for your time, t, tAshleyAkamu Bula Music bul ce0 k rnumusic.corn f www.bularn sic,Grn f. s i. A° h, t. k h f k k 1 I i.: f t,- February 7, 2020 l Hawaii County Planning Commssion. 1 e We are Michael and Amber Haley and we are local real estate agents and smal business owners We operate in Kailua-Kona, Hilo and across the Big Island. We t support Sunshower Farms LLCS application for a special use permit for a wedding venue because we have personally seen how their business has brought much needed i l employment to local residents l Having local wedding venues, like the one at Surshower Farms brings jobs and tourism to our state As you know, for many local people jobs are often hard to come by. The local lob market directly impacts the ability for people to purchase and invest in real estate.As any real estate professional would tell you_ the local real estate market is a huge part of any local economyt l Sunshower Farms LLC is a locally run, beautiful and eco-friendly business We strongly g I support their request for a special use permit,so they can continue to expand their operation and directly impact trio local economy, and specifically the local wedaing I industry Mahal°, I l I 1 r i AAletuad -/.taley 1 Michael Haley 1 0 447tk,),44a i Amber Haley r. 1 Hawaii Life Aloha@HaleyHawaii.com HaleyHawal!.corn 1 ii 1 I i 1 1 1 i 1 1 lJNl\Il.'ll' 1I{ t I_Atc AI I HILO University of Hawaii at Hilo College of Business&Economics 200 W. Kawili Street Hilo.Hawaii 96720 February 10'', 2020 Hawaii County Planning Commission Hawai'i County. Department of Planning, 101 Pauahi St.#3 Hilo,Hawaii 96720 Dear Commissioners, This letter is to express my support for Sunshower Farms' permit application to be able to conduct agri-tourism activities at their site in HOlualoa provided that their application meets the County's permitting standards I support this application because I believe that the success of our local farmers is critical for the long-term sustainability of our small island. I commend Hawaii County's Planning Commission for upholding regulations to protect the safety of our communities and the integrity of our lands. I received my doctorate in urban and regional planning so I understand the critical role that the Department of Planning plays in ensuring that minimal impacts result from commercial activities on agricultural lands Currently, I am conducting a study. funded by the United States Department of Agriculture (USDA), to understand the challenges and opportunities for agri-tourism in Hawaii County. While the study is still on-going preliminary findings suggest that small farms in Hawai'i are turning to agri-tourism as a strategy to supplement farm earnings to be financially sustainable. However, preliminary findings also suggest that the Departments permitting process is one of the greatest roadblocks for small farmers. While I understand the importance of the permitting process, I would like to reiterate the value of supporting our local farmers.especially our small farms.As an owner of a small farm myself. I can attest to the difficulty of being able to be economically sustainable from farming alone. Farming is hard Making money from farming, is even harder. I IV'IIt,.I r I I,A'.AI f HILO Therefore, allowingfarmers to diversifytheir products to enable them to be economically sustainable, enables them to continue to be productive farmers. If they cannot be economically sustainable and forced to cease farming operations, then who will continue the important practice of agriculture that these lands are intended for? More than two thirds of agricultural lands in the state of Hawaii exist on Hawaii Island and account for the majority of farms in the state. As the economic base of our islands, tourism offers opportunities for agri-tourism businesses to occur where farmers can engage the industry to support their economic sustainability and local agriculture. This is an opportunity for the County to work together with farmers to create a more sustainable form of tourism that builds the capacity and resilience of our host communities and reduce our dependence on imported foods. f: If you have any questions or concerns, please do not hesitate to contact me at (808)- 227-8855 or Faanunu(a7hawasi.edu. Sincerely. Angela I Fa anunu, Ph.D Assistant Professor of Tourism j= E• fr: I t i a k; b t LAND COURT REGULAR SYSTEM t f AFTER RECORDATION, RETURN BY: MAIL ( x ) PICKUP I ) Roger V. Meeker, Attorney at Law 4 P.O. Box 596 Kamuela, Hawaii 96743 Phone: (808) 885-9696 I 3 Tax Map Key: 7-6-002-028 (3rd) 9 GREENER PASTURES i Condominium Project I BY-LAWS OF THE ASSOCIATION OF CONpOMINiUM OWNERS 9 1 These By-Laws apply to the above-named condominium project (herein ca/led the Project") as described in and created by the Declaration of Condominium Property Regime (herein called the "Declaration") to be recorded concurrently herewith, and to all present and future owners, tenants and occupants of all condominium units of the Project and all other persons who shall at any time use the Project. WHEREAS, HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership (hereinafter referred to as the "Fee Owner"), is the fee simple owner of certain real property described in that certain Declaration of Condominium Property Regime recorded concurrently herewith, which Declaration creates the above-named condominium project; NOW, THEREFORE, in order to govern the operation of said Project, said Fee Owner hereby adopts these By-laws of the Association of Condominium Owners in accordance with Section 514A-61 et seq. of the Hawaii Revised Statutes. Exhibit D 2 ARTICLE I -- ASSOCIATION SECTION 1.1 -- QUALIFICATION All owners of condominium units of the Project shall constitute the Association of Condo- minium Owners, herein called the "Association". The owner of each unit, upon acquiring title thereto, shall automatically become a member of the Association and shall remain a member thereof until such time as his ownership of the unit ceases for any reason, at which time his membership in the Association shall automatically cease. To such extent and for such purposes, including the exercise of voting rights, as shall be provided by lease on any unit, a copy of which is filed with the Board of Directors of the Association, the lessee of such unit shall be deemed to be the owner thereof. If a unit is subject to a recorded agreement of sale, a copy of which has been filed with the Association in accordance with Section 5.5 hereof, the vendee thereunder shall be deemed to be the owner of the unit, subject to any vendor's rights reserved pursuant to Section 514A-83 of the Hawaii Revised Statutes. SECTION 1.2 -- PLACE OF MEETINGS, RULES Meetings of the Association shall be held at the Project or such other suitable place within the State of Hawaii convenient to the owners, as may be designated by the Board of Directors. Meetings shall be conducted in accordance with the most current edition of Robert's Rules of Order. S P SECTION 1.3 -- ANNUAL MEETINGS The first meeting of the Association shall be held not later than one hundred eighty (180) days after recordation of the first unit conveyance; provided forty percent (40%) or more of the Project has been sold and recorded. If forty percent (40%) of the Project is not sold and recorded at the end of one year, an annual meeting shall be called; provided ten percent (10%) of the unit owners so request. At such meeting the owners shall elect a Board of Directors. Prior to said first meeting, the Association shall consist solely of the Fee Owner(s), who shall have authority to act in all matters as the Association. Thereafter, the Association shall meet at least once every calendar year, or at more often regular intervals as may be established by the Board of Directors. SECTION 1 .4 -- SPECIAL MEETINGS Special meetings of the Association may be held at any time upon the call of the President of the Association, or upon the written request of at least twenty-five percent (25%) of the owners presented to the Secretary. 3 SECTION 1.5 -- NOTICE OF MEETINGS The Secretary shall give written or printed notice of each annual and special meeting to every owner according to the Association's record of ownership, at least fourteen (14) days prior to the meeting. Said notice shall contain the date, time and place of the meeting, the items on the agenda for the meeting, and a standard proxy form authorized by the Association, if any. If notice is given pursuant to the provisions of this section, the failure of any owner to receive actual notice of any meeting shall in no way invalidate the meetingor anyproceedingthereat. Thepresence of anyowner inperson or by proxy at any meeting shall be a waiver of notice by the owner unless he shall at the opening thereof object to the holding of the meeting because of the failure to give notice in accordance with the provisions hereof. SECTION 1.6 -- QUORUM The presence at any meeting in person or by proxy of a majority of owners shall constitute a quorum, and the acts of a majority of the owners present shall be considered acts of the Association and binding on all unit owners of the Project, except as otherwise provided herein. SECTION 1 .7 -- VOTING The vote to which each unit is entitled shall be the percentage of common interests assigned to the unit in the Declaration. Votes may be cast in person or by proxy by the respective owners as shown in the record of ownership of the Association. An executor, administrator, guardian or trustee may vote in person or by proxy at any meeting of the Association, and may vote for any unit owned or controlled by him in such capacity, whether or not the same shall have been transferred to his name in the Association's record of ownership, provided that he shall first present evidence satisfactory to the Secretary that he owns or controls the unit in such capacity. The vote for any unit owned of record by two or more persons may be exercised by any one of them present at any meeting in the absence of protest by the other or others, and in case of protest each co- owner shall be entitled only to a share of the vote in proportion to his share of ownership in the unit. Votes allocated to any area which constitutes a common element under Section 514A-13(h), Hawaii Revised Statutes, shall not be cast at any Association meeting, whether or not it is so designated in the Declaration. SECTION 1.8 -- PROXIES 4 A proxy, to be valid, must be delivered to the Secretary of the Association or the Managing Agent, if any, no later than 4:30 p.m. on the second business day prior to the date of the meeting to which it pertains, and must contain at least the following: the name of the Association of Condominium Owners, the date of the meeting of the Association, the printed name and signature of the person or persons giving the proxy, the unit or units for which the proxy is given, the printed name of the person or entity to whom the proxy is V 4 given, and the date that the proxy is given. A proxy shall only be valid for the meeting to which the proxy pertains and its adjournments, may designate any person as proxy, and may be limited as the unit owner desires and indicates; provided that no proxy shall be irrevocable unless coupled with a financial interest in the unit. Proxies may be given to the Board of Directors as an entity. No officer of the Board of Directors shall use Association funds to solicit proxies; provided that this shall not prevent an officer from exercising his right as an unit owner under Section 514A-82(b)(4). Nothing in this section shall affect the holder of any proxy under a first mortgage of record encumbering a unit or under an agreement of sale affecting a unit. SECTION 1.9 -- SOLICITATION OF PROXIES No Resident Manager or Managing Agent shall solicit, for use by the Resident Manager or Managing Agent, any proxies from any unit owner of the Association, nor shall the Resident Manager or Managing Agent cast any proxy vote at any Association meeting except for the purpose of establishing a quorum. No member of the Board of Directors who uses Association funds to solicit proxies shall cast any of these proxy votes for the election or reelection of Board members at any Association meeting unless the proxy form specifically authorizes the Board member to vote for the election or reelection of Board Directors and the Board first posts notice of its intent to solicit proxies in prominent locations within the Project at least thirty (30) days prior to its solicitation of proxies; provided that if the Board receives within seven days of the posted notice a request by any owner for use of Association funds to solicit proxies accompanied by a statement, the Board shall mail to the owners either: (a) a proxy form containing the names of all owners who have requested the use of Association funds for soliciting proxies accompanied by their statements; or (b) a proxy form containing no names, but accompanied by a list of names of all owners who have requested the use of Association funds for soliciting proxies and their statements. Said statement shall not exceed one hundred words, and shall indicate the owner's qualifications to serve on the Board and the reasons for wanting to receive proxies. SECTION 1.10 -- ADJOURNMENT Any meeting of the Association may be adjourned from time to time to such place and time as may be determined by majority vote of the owners present, whether or not a quorum be present, without notice other than the announcement at the meeting. At any such adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted by a quorum at the meeting as originally called. SECTION 1.11 -- AUDIT The members of the Association of Condominium Owners may require, by vote at the annual meeting, a yearly audit of the Association's books by a certified public accountant. 5 SECTION 1.12 -- ORDER OF BUSINESS The order of business at annual meetings of the Association shall be as follows: 1) Roll call; 2) Proof of notice of meeting; 3) Reading of minutes of preceding meeting; 4) Reports of officers; 5) Report of Managing Agent; 6) Election of Directors; 7) Appointment of Auditor; 8) Unfinished business; 9) New business. SECTION 1.13 -- CALCULATION OF PERCENTAGES The term "majority of owners" herein means the owners of units to which are appurtenant more than fifty percent (50%) of the common interests as established by the Declaration, and any other specified percentage of owners means the owners of units to which are appurtenant that percentage of the common interests. Notwithstanding anything herein to the contrary, if the Project is comprised of only two units, the term "majority of owners" herein requires the agreement of both unit owners on any vote, irrespective of their appurtenant common interests. ARTICLE II -- BOARD OF DIRECTORS SECTION 2.1 -- NUMBER AND QUALIFICATIONS The affairs of the Association shall be governed by a Board of Directors composed of not fewer than four (4) persons, each of whom shall be an owner of record of a unit (as defined in Section 1 .1 above). If a corporation is an owner, any officer of the corporation shall be eligible to serve as director so long as he remains an officer of the corporation. If a partnership is an owner, every general partner of the partnership shall be deemed to be an owner for this purpose. There shall not be more than one representative on the Board of Directors from any one unit. No resident manager of the condominium shall be a director, The directors shall serve without compensation. SECTION 2.2 -- POWERS The Board of Directors (also referred to herein as the "Board") shall have all powers necessary for the administration of the affairs of the Association and may do all acts and things therefor as are not by law, the Declaration or these By-Laws directed to be exercised or done only by the owners. 6 t SECTION 2.3 -- ELECTION AND TERM Election of directors shall be by cumulative voting by secret ballot at each annual meeting and any special meeting called for the purpose. Directors shall hold office for a period of one year or until their respective successors have been elected, subject to removal as herein provided. SECTION 2.4-- VACANCIES Vacancies in the Board of Directors caused by any reason other than removal of a director by the Association shall be filled by vote of a majority of the remaining directors, even though they may constitute less than a quorum, and each person so elected shall be a director until his successor is elected at a meeting of the Association. Death, incapacity or resignation of any director, or his absence from more than three regular meetings, or his ceasing to be an owner of a unit, shall cause his office to become vacant. SECTION 2.5 -- REMOVAL OF DIRECTORS At any regular or special meeting of the Association duly called, any one or more of the directors may be removed by the owners, and successors shall then and there be elected for the remainder of the term to fill the vacancies thus created. The removal and replacement shall be in accordance with all applicable requirements and procedures in these By-Laws for the removal and replacement of directors, including, but not limited to, any provisions relating to cumulative voting. If removal and replacement is to occur at a special Association meeting, the call for such meeting shall be by the President or by petition to the Secretary or Managing Agent signed by not less than twenty-five percent 25%) of the owners as shown in the Association's record of ownership; and provided further that if the Secretary or Managing Agent shall fail to send out the notices for the special meeting within fourteen (14) days of receipt of the petition, then the petitioners shall have the authority to set the time, date and place for the special meeting in accordance with the requirements of these By-Laws. Except as otherwise provided in the Chapter 514A, Hawaii Revised Statutes, such meeting for the removal and replacement from office of directors shall be scheduled, noticed and conducted in accordance with these By-Laws. SECTION 2.6 -- MEETINGS An organizational meeting of the Board of Directors shall be held at the place of and immediately following each annual meeting of the Association, and no notice shall be necessary to any directors in order validly to constitute the meeting, provided that a majority of the Board shall be present. At said meeting, the Board shall elect the officers of the Association for the ensuing year. Whenever practicable, notice of all annual Board meetings shall be posted by the resident manager or a member of the Board in prominent locations within the Project seventy-two (72) hours prior to the meeting or simultaneously with notice to the Board of Directors. Special meetings of the Board of Directors may be 7 called by the President on at least eight (8) hours' notice to each director, given personally or by telephone or telegraph, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board shall be called by the President or Secretary in like manner and with like notice upon the written request of at least two directors, or, if the Project consists of only two condominium units, one director. SECTION 2.7 -- WAIVER OF NOTICE Before or at any meeting of the Board of Directors, any director may in writing waive notice of the meeting, and the waiver shall be deemed equivalent to the giving of notice. Attendance by a director at any meeting of the Board shall be considered a waiver of notice of said meeting. If all the directors are present at any meeting of the Board, no notice thereof shall be required, and any business may be transacted at the meeting. SECTION 2.8 -- QUORUM OF BOARD At all meetings of the Board of Directors, a majority of the total number of directors shall constitute a quorum for the transaction of business, and the acts of a majority of the directors present at any meeting at which a quorum is present shall be the acts of the Board. If less than a quorum shall be present at any meeting of the Board, a majority of those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting as originally called may be transacted without notice. SECTION 2.9 -- CONDUCT OF MEETINGS A director shall not cast any proxy vote at any Board meeting, nor shall a director vote on any issue in which he has a conflict of interest. A director who has a conflict of interest on any issue before the Board shall disclose the nature of the conflict of interest prior to a vote on that issue at the Board meeting, and the minutes of the meeting shall record the fact that a disclosure was made. All meetings of the Board shall be conducted in accordance with the most current edition of Robert's Rules of Order. ARTICLE III -- OFFICERS SECTION 3.1 -- DESIGNATION The principal officers of the Association shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors. The President and Vice-President shall be members of the Board. The Secretary and Treasurer may be any person, firm or corporation capable of performing the duties of the office. d k 8 SECTION 3.2 -- ELECTION AND TERM The officers of the Association shall be elected annually by the Board of Directors at its annual meeting and shall hold office at the pleasure of the Board. SECTION 3.3 -- REMOVAL Any officer may be removed either with or without cause by vote of a majority of the members of the Board of Directors, and his successor elected at any regular meeting of the Board or any special meeting called for that purpose. SECTION 3.4 -- PRESIDENT The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and the Board of Directors. Subject to the control of the Board, he shall exercise general supervision and direction over the management and conduct of the business and affairs of the Association. He shall also have such other powers and duties as may be provided by these By-Laws or assigned to him from time to time by the Board. SECTION 3.5 -- VICE-PRESIDENT The Vice-President shall assume and perform the duties of the President in the absence or disability of the President or whenever the office of the President is vacant. He shall also have such other powers and duties as may be assigned to him from time to time by the Board. SECTION 3.6 -- SECRETARY The Secretary shall attend and keep the minutes of all meetings of the Association and of the Board of Directors, give all notices thereof as provided by these By-Laws, maintain and keep a continuous and accurate record of ownership of all units, have charge of the books, documents and records of the Association as the Board may direct, and in general perform all the duties incident to the office of Secretary. SECTION 3.7 -- TREASURER The Treasurer shall keep the financial records and books of account. If the Project employs a Managing Agent pursuant to Section 4.2 herein, the Treasurer shall supervise the Managing Agent's custody of all funds of the Association, maintenance of accounts and records thereof, and preparation of financial reports thereof. yy 9 ARTICLE IV -- ADMINISTRATION OF PROJECT SECTION 4.1 -- MANAGEMENT 1' The Board of Directors shall at all times manage and operate the Project and have such powers and duties as may be necessary or proper therefor, including without limitation the following: 1) Supervision of its immediate management and operation; 2) Maintenance, repair, replacement and restoration of the common elements and any additions and alterations thereto; 3) Purchase, maintenance and replacement of any equipment and provision of all water and utility services required for the common elements; 4) Provision at each unit of all water, sewer, electricity and such other utility service as the Board shall deem necessary either at the expense of the unit or as a common expense as determined by the Board; 5) Employment, supervision and dismissal of such personnel as may be necessary for the maintenance and operation of the Project; 6) Preparation at least sixty (60) days before each fiscal year of a proposed budget and schedule of assessments by the Board; 7) Collection of all installments of assessments levied and payment of all common expenses authorized by the Board; 8) Purchase and maintenance in effect of all policies of hazard and liability insurance for the Project required by the Declaration, and such other insurance and bonds as may be required or authorized by the Declaration or the Board; the Board shall provide each owner with information about the insurance coverage as provided in Hawaii Revised Statutes, Section 514A-86; 9) Custody and control of all funds of the Association, keeping full, detailed and accurate books of account and records of such funds, and the preparation of regular financial reports; and 10) Notification of all persons having any interest in any unit, according to the Association's records, of delinquency in the payment of any assessment against the unit. 1 i t i 10 t I i SECTION 4.2 -- MANAGING AGENT tt The Board of Directors may, at their discretion, employ a responsible Managing Agent to it manage and control the Project subject at all times to direction by the Board, with all the 1 administrative functions set forth specifically in Section 4.1 herein, and at such compensation as the Board shall establish and/or approve. The Board may in its discretion limit any of the powers herein granted to the Managing Agent and may grant additional or other powers to the Managing Agent.I SECTION 4.3 -- REPRESENTATION I' The President or Managing Agent, subject to the direction of the Board of Directors, shall represent the Association in any action, suit, hearing or other proceeding concerning the Association, the common elements, or more than one unit, and on its or their behalf may institute, defend, intervene in, prosecute and settle any actions, suits and proceedings, j' without prejudice to the rights of any unit owners individually to appear, sue or be sued. Service of process in any such action, suit or proceeding may be made on the President or j Managing Agent. I SECTION 4.4 -- EXECUTION OF INSTRUMENTS r' j= All checks, drafts, notes, acceptances, conveyances, contracts and other instruments shall be signed on behalf of the Association by such persons or persons as shall be provided by general or special resolution of the Board of Directors, or, in the absence of any such resolution, by the President or Vice-President and by the Treasurer or Secretary. i' j' i SECTION 4.5 - LIST OF MEMBERS jf i The Resident Manager or Managing Agent or the Board of Directors shall keep an accurate I and current list of members of the Association and their current addresses and the names t and addresses of the vendees under Agreements of Sale, if any. The list shall be K maintained at a place designated by the Board of Directors. i t x SECTION 4.6 -- FIDELITY BONDS t In the event the Project contains six or more condominium units, the Association shall f j' secure annually a fidelity bond in accordance with Section 514A-95.1 of the Hawaii Revised Statutes, as amended, to cover all officers, directors, employees, and managing agents of the Association who handle or are responsible for the Association's funds. The premium on the bonds shall be paid by the Association. t j' q: i` i k 1 i 11 ARTICLE V -- OBLIGATIONS OF CONDOMINIUM OWNERS SECTION 5.1 -- COLLECTION AND PAYMENT OF COMMON EXPENSES Each unit owner shall pay to the Treasurer in advance on the first day of each and every month that month's installment of assessments, if any, for their respective unit's share of the common expenses of the Project, in accordance with the Declaration. All unit owners shall also be severally liable in proportion to their respective common interests for any special assessments authorized and levied by the Board; payment of said assessments shall be made in the manner designated by the Board. In accordance with Section 514A- 90 of the Hawaii Revised Statutes, as amended, all sums assessed by the Association but unpaid for the share of the common expenses chargeable to any unit constitute a lien on the unit prior to all other liens, except only (1) liens for taxes and assessments lawfully imposed by governmental authority against the unit, and (2) all sums unpaid on any mortgage of record which was recorded prior to the recordation of notice of a lien by the Association of Condominium Owners, and costs and expenses including attorney's fees provided in such mortgage(s). SECTION 5.2 -- MAINTENANCE OF CONDOMINIUM UNITS Every unit owner, at his own expense and at all times, shall well and substantially repair, maintain, amend and keep his unit, including, without limitation, all internal installations therein such as water, electricity, gas, telephone, sewer, sanitation, air-conditioning, lights and all other fixtures and accessories belonging to the unit, and the interior decorated or finished surfaces of all walls, floors and ceilings of the unit, with all necessary reparations and amendments whatsoever, in good order and condition except as otherwise provided by law or the Declaration, and shall be liable for all loss or damage whatsoever caused by his failure to perform any such work diligently, and in the case of such failure after reasonable notice to perform, shall reimburse the Association promptly on demand all expenses incurred by it in performing any such work authorized by the Board of Directors or the Managing Agent. Every unit owner and occupant shall reimburse the Association promptly on demand for all expenses incurred by it in repairing or replacing any uninsured loss or damage to the common elements or any furniture, furnishings and equipment thereof caused by the owner or occupant or any person under either of them, and shall give prompt notice to the Board of Directors or Managing Agent of any such loss or damage or other defect in the Project when discovered. F` SECTION 5.3 -- USE OF PROJECT 1) All units of the Project shall be occupied and/or used by the respective owners thereof, their tenants, families, domestic servants and guests, and only for such purposes as may be permitted under applicable zoning ordinances. 2) All common elements of the Project shall be used only for their respective purposes as designed. i t I f z 3 12 1' 3) No unit owner or occupant shall place, store or maintain in the common elements j any furniture, packages or objects of any kind or otherwise obstruct transit through such common elements. t' 4) Every unit owner and occupant shall at all times keep his unit in a strictly clean and j sanitary condition and observe and perform all laws, ordinances, rules and regulations, now or hereafter made.by any governmental authority or by the Association, for the time being applicable to the use of the Project. 5) No unit owner or occupant shall make or suffer any strip or waste or unlawful, j improper or offensive use of his unit or the Project, nor alter or remove any furniture, furnishings or equipment of the common elements. 6) No unit owner or occupant shall make any additions or alterations to any common elements of the Project, nor place or maintain thereon any signs, posters or bills whatsoever, except in accordance with plans and specifications, including detailed k plot plan, approved in writing by the Board and by all owners of units thereby directly affected. If 7) All occupants shall exercise care in the use of musical instruments, radios, televisions and amplifiers, and shall otherwise avoid making noises that may disturb other occupants. 8) No refuse, garbage or trash of any kind shall be thrown, placed or kept on any I common elements of the Project outside of the disposal facilities provided for such purpose, if any. 9) Condominium owners and their tenants may keep dogs, cats, other household pets, s and other animals as may be permitted by applicable zoning ordinances, so long as said pets or animals do not become a nuisance to other owners. i SECTION 5.4 -- CONDOMINIUM RULES The Board of Directors, upon giving notice to all unit owners in the same manner as herein provided for notice of meetings of the Association and opportunity to be heard thereon, may adopt, amend or repeal supplemental rules and regulations governing details of the operation and use of the common elements not inconsistent with any provision of law, the Declaration or these By-Laws. SECTION 5.5 -- RECORD OF OWNERSHIP Upon acquiring a unit, every owner shall promptly provide the Board of Directors with a copy of the deed, lease, assignment, agreement of sale or such other conveyance instrument or evidence of his title thereto. The Secretary or Managing Agent shall maintain all such information in the record of ownership of the Association. Every owner shall similarly file with the Board of Directors his current mailing address at all times. 1 13 SECTION 5.6 -- MORTGAGES Any unit owner who mortgages his unit or any interest therein shall notify the Board of Directors of the name and address of his mortgagee, and the Secretary or Managing Agent shall maintain all such information in the record of ownership of the Association. The Board of Directors or Managing Agent, at the request of any mortgagee or prospective purchaser of any unit or interest therein, shall report to such person the amount of any assessments against the unit then due and unpaid. SECTION 5.7 -- COMPLIANCE WITH CONDOMINIUM LAWS, DECLARATION AND BY-LAWS Each unit owner, tenants and employees of an owner, and other persons using the property shall be bound by and shall comply strictly with the provisions of the Condominium Property Act, Chapter 514A of the Hawaii Revised Statutes, the covenants, conditions and restrictions set forth in the Declaration of Condominium Property Regime, s! these By-Laws, and any administrative rules or regulations adopted pursuant thereto, including any and all subsequent amendments of same. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the Managing Agent or Board of Directors on behalf of the Association or, in a proper case, by an aggrieved unit owner. Every unit owner shall pay to the Association promptly on demand all costs and expenses, including reasonable attorney's fees, incurred by or on behalf of the Association in collecting any delinquent assessments against his unit, foreclosing its lien therefor, or enforcing any provisions of the Condominium Property Act, the Declaration, these By-Laws, or any rules and regulations adopted pursuant thereto, against the owner or occupant of a unit; all monies so advanced by the Association shall bear interest at the rate of twelve percent (12%) per annum. SECTION 5.8 -- EMERGENCY REPAIRS The unit owners shall have the irrevocable right, to be exercised by the Board of Directors, to have access to each unit from time to time during reasonable hours as may be necessary for the operation of the Project or for making emergency repairs therein necessary to prevent damage to the common elements or to another unit or units. SECTION 5.9 -- COLLECTION FROM TENANT If an owner shall at any time default for a period of thirty (30) days or more in the payment of the owner's share of the common expenses, the Board, at its option, so long as default shall continue, may demand and receive from any renter or lessee (hereinafter in this paragraph referred to as "lessee") of his unit, the rent due or becoming due from the lessee to the owner up to an amount sufficient to pay all sums due from the owner, including interest, if any. Any such payment of rent to the Board by the lessee shall be sufficient j discharge of the lessee, and any such demand or acceptance of rent from any lessee shall tt 14 not be deemed to be a consent to or approval of any lease or a release or discharge of any of the obligations of the owner or any acknowledgement of surrender of any rights or duties of the owner. In the event that the Board makes demand upon the lessee as afore- said, the lessee shall not have the right to question the right of the Board to make the demand, but shall be obligated to make the payments to the Board as demanded by the e' Board. ARTICLE VI -- MISCELLANEOUS SECTION 6.1 -- ARBITRATION At the request of any party, any dispute concerning or involving one or more unit owners and the Association of Condominium Owners, its Board of Directors, Managing Agent, or one or more other unit owners relating to the interpretation, application or enforcement of Chapter 514A, Hawaii Revised Statutes, or the Association's Declaration, these By-Laws, or House Rules adopted in accordance with these By-Laws, as any of same may be hereafter lawfully amended, shall be submitted to arbitration. All arbitrations shall be conducted, unless otherwise agreed by the parties, in accordance with the provisions of Chapter 514A, Part VII (Sections 514A-121 et seq.), of the Hawaii Revised Statutes. SECTION 6.2 -- AMENDMENT These By-Laws may be amended in any respect not inconsistent with provisions of law or the Declaration by the vote or written consent of not less than sixty-five percent (65%) of µ'all unit owners of the Association; provided that any proposed bylaws with the rationale for the proposal may be submitted by the Board of Directors or by a volunteer owners'committee. If submitted by that committee, it shall be accompanied by a petition signed by not less than twenty-five percent (25%) of the unit owners as shown in the Association's record of ownership. The proposed bylaws, rationale, and ballots for voting on any proposed bylaw shall be mailed by the Board of Directors to the owners at the expense of the Association for vote or written consent without change within thirty ( 30)days of the receipt of the petition by the Board of Directors. The vote or written consent required to adopt the proposed bylaw shall be sixty-five percent (65%) of all unit owners;provided that the vote or written consent must be obtained within one hundred twenty t:120) days after mailing. In the event that the bylaw is duly adopted then the Board shall cause the bylaw amendment to be recorded in the Bureau of Conveyances or filed in the Land Court, as the case may be. The volunteer unit owners' committee shall be precluded from submitting a petition for a proposed bylaw which is substantially similar to that which has been previously mailed to the owners within one year after the original petition was submitted to the Board. Nothing herein shall preclude any unit owner or voluntary unit owners' committee from proposing any bylaw amendment at any annual association meeting. 4 S 15 i SECTION 6.3 -- INDEMNIFICATION The Association shall indemnify every director and officer and his executors and administrators against all expenses reasonably incurred by or imposed on him in connection with any action, suit or proceeding to which he may be a party by reason of being or having been a director or officer of the Association, except in relation to matters as to which he shall be finally adjudged in the action, suit or proceeding to be liable for misconduct; and in the absence of such final adjudication, indemnification shall be provided only in connection with such matters as to which the Association is advised by its legal counsel that the person to be indemnified committed no such breach of duty. The foregoing right of indemnification shall not be exclusive of any other rights to which such person may be entitled. SECTION 6.4 -- SUBORDINATION These By-Laws are subordinate and subject to all provisions of the Declaration, any amendments thereto, and the Condominium Property Act (Chapter 514A, Hawaii Revised Statutes, as amended), which shall control in case of any conflict. All terms herein (except where clearly repugnant to the context) shall have the same meaning as in the Declaration or said Condominium Property Act. SECTION 6.5 -- INTERPRETATION In case any pBy-LawsoftheseB -Laws shall be held invalid, such invalidity shall not render invalid any other provision hereof which can be given effect. Nothing in these By-Laws shall be deemed or construed to authorize the Association or Board of Directors to conduct j or engage in any active business for profit on behalf of any or all of the unit owners. SECTION 6.6 -- ASSOCIATION EMPLOYEES An owner shall not act as an officer of the Association and an employee of the Managing kE Agent employed by the Association. The Association's employees shall not engage in selling or renting units in the Project except Association-owned units, unless such activity is approved by an affirmative vote of sixty-five percent (65%) of the membership. SECTION 6.7 -- CONDOMINIUM DOCUMENTS TO BE PROVIDED TO BOARD The Association at its own expense shall provide all Board members with a current copy of the Association's Declaration, By-Laws, House Rules, and, annually, a copy of Chapter 514A, Hawaii Revised Statutes, with amendments. 16 SECTION 6.8 -- DIRECTORS' EXPENSES Directors shall not expend Association funds for their travel, directors' fees, and per diem, unless owners are informed and a majority approve of these expenses. The directors may expend association funds, which shall not deemed to be compensation to the directors, to educate and train themselves in subject areas directly related to their duties and responsibilities as directors; provided that the approved annual operating budget include these expenses as separate fine items. These expenses may include registration fees, books, videos, tapes, other educational materials, and economy travel expenses. Except for economy travel expenses within the State, all other travel expenses incurred under this section shall be subject to the requirements of Section 514A-82(b)(10). 17 IN WITNESS WHEREOF, the Fee Owner has executed these By-Laws of the Association of Condominium Owners of GREENER PASTURES Condominium Project dated the 1st day of October, 1997. HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership, r i By 4.4/ AVID A. UCAS, Managing Partner Fee Owner STATE OF HAWAII SS: COUNTY OF HAWAII On this // 757 day of t41 9 1997, before me personally appeared DAVID A. LUCAS, to me personally known, who, being by me duly sworn, did say that he is the Managing Partner of HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership, that the foregoing instrument was signed in the name of and in behalf of said partnership, and said DAVID A. LUCAS acknowledged that he executed the same as his free act and deed as the free act and deed of said x: partnership. 1/ G Sp t G' Q No1ARY 6t120 y Public, State of Hawaii i mmission expires: ,j $ 4* PUBUG .i ts> 1hgit OF ttI'' i 1 c .S. P:,p.p. ,P, t e p• '... k) i 42•-•• i 44 i i E 1 t al 5 1 V • F.),,,,,,, r,..'''. T i... w t----c--------a 4 ix w I.IJ 4 .....- 4,4.... I 3 ' 4 1,..! z4§i 2 t et 4 4, i;:'§ A,--- i = Z\r I N ;•,. El E LEJ e 7.1.'. 93-4`et 5t'.. 5. n''.'' 7'4,7,77i,,, ........-•< 1. c,,, i,.,, e,.,,.,. t...,.. 3 1 INE,CE...i. 41 11 44 i i 711. 1 44 5.1.....Z 1I41 Ll 5 g. a NNa 0 E.) E.E.44 1 i 1::4 4 ea t..5 4•31, 3 3 a 1 E” i :711 14 5 e‘ 4...14 4/ 4 I' A i t.,.......""'''''' 1 I , 1Si:1 C.: 1. f 11. J JII i I 2.• 1 r 194 Wiwoole St. Hilo, HI 96720 808) 333-3393 ASSOCIATES info@zendokem.com July 2, 2020 CON PLANNING DEPT Mr. Michael Yee. Director JUL 6 2020 Pht2:09 Planning Department COUNTY OF HAWAII REC'D BY HAIL 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject:Special Permit Application Applicant: Douglas Leider Hickey and Kathryn Hickey Holualoa, North Kona, Hawaii TMK: (3) 7-6-002: 028-0001 In response to your emailed request on June 15th for additional information relating to the above referenced application, please see the following: 1. The Plan Approval Application for agricultural tourism operations has not yet been submitted but is anticipated in the next couple of weeks. 2. The applicants plan to build a wedding venue on the subject property. Should the Special Permit and agricultural tourism plan be approved, a portion of the space would also be used for coffee tastings, and coffee drying would be done on another farm until a new drying deck on the applicant's farm could be built. Should the Special Permit be denied but the agricultural tourism plan approval granted, they would use the structure for coffee tastings and for coffee drying. 3. The applicants intend to use the venue as outlined in the Special Permit application. Should the agricultural tourism plan approval also be approved they would use a portion of the venue for coffee tastings as scheduling allows. Ideally when events were not planned (most days) they could have small coffee tours. u' 4. Regarding the CPR Public Report, the tbllowing opinion is from the Applicants' attorney, Alan Tully: I had just pulled up the public report (there was no preliminary report) and it is simply a disclosure document that expired after 13 months and allowed Lucas as the developer to sell the individual units. It has no impact whatsoever on the uses and availability of variances or special use permits by the Hickeys. NOTE: Under Sec. 6, owners are allowed to alter their structures provided only that they comply with applicable zoning codes which of course includes special use permits. Planning tept. 1 2 9 9Exhibit34 Ij11 t KE 194 Wiwoole St. Hilo, HI 96720i. 808) 333-3393 ASSOCIATES info@zendokem.comzendokem.com t ii We trust that everything is in order for your acceptance and processing of this application. If not or if there are questions relating to this matter, please feel free to direct them to me. i Thank you very much. r Sincerely, t° i' t t ZENDO KERN Planning Consultant IP.. Enclosures Copy — Douglas and Kate Hickey f t is I I t t c F t t t i i t t I t i t i 1 t t is 58 t t t t t t t 1 I i Mori, Ashley From: Jackson, Maija CON PLANNING DEPTSent: Friday,July 17, 2020 10:26 AM JUL 17 2020 p4:22 To: Planning Internet Mail Subject: FW: Hickey Special Permit Application Attachments: Hickey CPR Declaration Exhibit A.pdf Please intake this email and attachment for SPP 20-000218.Thanks! From:John Pipan<john@zendokern.com> I Sent:Thursday, March 05, 2020 9:35 AM ITo:Zendo Kern<zendo@zendokern.com>;Jackson, Maija<Maija.Jackson@hawaiicounty.gov> Cc:Darrow,Jeff<Jeff.Darrow@hawaiicounty.gov> Subject: RE: Hickey Special Permit Application i j Aloha Maija, Please see attached regarding easement over Waiono Ranch Road. Best, John Pipan 1 Land Use Administrator Kern &Associates 5 Ph:808-333-3393 s j k i i i i i KERN ASSOC:l:1 CFS s fi E z. i is Planning Dept.i Exhibit,L__1 134567 1 i I G i t i q-1. 10031 i LAND COURT I REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL ( x ) PICKUP ( ) a Roger V. Meeker, Attorney at Law P.O. Box 596 Kamuela, Hawaii 96743 Phone: (808) 885-9696 Tax Map Key: 7-6-002-028 (3rd) it GREENER PASTURES Condominium Project DECLARATION OF CONDOMINIUM PROPERTY REGIME nry CONDOMINIUM MAP NO. 'L 3 WHEREAS, HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii generalpartnership (hereinafter referred to as the "Fee Owner"), is the fee simple owner of certainrealpropertydescribedinExhibit "A" attached hereto and incorporated herein by reference;1 NOW, THEREFORE, in order to create a condominium project consisting of the landdescribedinExhibit "A" together with improvements existing thereon (hereinafter referredtoasthe "Project") and to be known as "GREENER PASTURES", said Fee Owner herebysubmitssaidpropertyandallofitsinterestthereintotheCondominiumPropertyRegimeestablishedbytheCondominiumPropertyAct, Chapter 514A, Hawaii Revised Statutes, i` and in furtherance thereof makes the following declarations as to divisions, limitations, j: restrictions, covenants and conditions, and hereby declares and agrees that said property isheldandshallbeheld, conveyed, mortgaged, encumbered, leased, rented, used, occupied, i. and improved subject to this Declaration, which shall constitute covenants running withthelandandshallbebindingonandforthebenefitoftheownersandlesseesofallorany fpartoftheProjectandtheirrespectivesuccessors, heirs, executors, administrators andassigns. t. Exhibit A k r f j 2 I -- LAND The land upon which the buildings and improvements of the Project are located isdescribedinExhibit "A" attached hereto. II -- DIVISION OF PROPERTY Four fee simple estates are hereby created and designated, and hereinafter referred to as condominium units" (also referred to herein as "unit" or "units"). Specifically, the fourestatessocreatedanddesignatedarereferredtohereinafteras "Unit 1", "Unit 2",Unit 3" and "Unit 4". Unless provided otherwise herein, each individual condominium unit is comprised of all of the structures) and/or other improvements physically located on the land area appurtenant to said unit (which land areas are designated and defined in SectionIVherein). Said condominium units are shown and designated on plans incorporated herein by reference and filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii and/or recorded in the Bureau of Conveyances of the State of Hawaii as aCondominiumMap, the number of which is noted on the first page hereof. The units aredescribedasfollows: a) "Unit 1" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the ownerthereof. Specifically, in addition to said greenhouse structure, and subject to the provisions of Section XVI(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said i improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. b) "Unit 2" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the ownerthereof. Specifically, in addition to said greenhouse structure, and subject to the provisions of Section XVI(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said R` improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. 1 c) "Unit 3" consists of the following: (1) a separate wood-frame greenhouse structure r' of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the ownerthereof. Specifically, in addition to said greenhouse structure, and subject to the k; provisions of Section XVI(f) herein, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements Y 7 lt. 1. tt 3 1' comply with the provisions of this Declaration and all applicable buildings codes and j zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses w' of any such future construction shall be borne solely by the owner of said unit. d) "Unit 4" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, and subject to the j provisions of Section XVI(f) herein, the owner thereof is permitted to build other ji improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit.k; r The condominium units are located in the manner shown on the said Condominium Map.1,Each unit has direct access to the common areas. The respective units shall not be deemed to include any pipes, wires, conduits or other utility lines running over, under or through any unit which are utilized for or serve more than one unit, the same being deemed j common elements as hereinafter provided. i r Ill -- COMMON ELEMENTS One freehold estate is hereby designated of all the remaining portions of the Project, herein f' referred to as "common elements". Each unit owner may use the common elements in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners. Said common elements include specifically, but are not limited to, the following:4' Y' r.a) The land in fee simple, subject to the provisions of Section IV herein; j 1 b) The existing County water meter serving the parcel comprising the land portion of the Project; 1 c) All ducts, electrical equipment, wiring and other central and appurtenant installations for common services, if any, including power, light, water, gas, 1 sewage, irrigation, telephone and television cable; d) Any and all other elements and facilities rationally in common use or necessary to the existence, upkeep and safety of the Project. r The common elements shall remain undivided, and no right shall exist to partition or divide any part thereof, except as provided in Section IV herein or except as provided in the Condominium Property Act. Any such partition or division shall be subject to the prior I consent thereto by the holder(s) of all mortgage(s) of any condominium unit(s) which are filed of record. 1i I. r: 1 j I t r F i 4 IV -- LIMITED COMMON ELEMENTS i Certain parts of the common elements, herein referred to as the "limited common i' elements", are hereby designated and set aside for the exclusive use of one or more units, t. and such unit(s) shall have appurtenant thereto perpetual and exclusive easements for the use of such limited common elements. The limited common elements so set aside and reserved are as follows: i' f a) That certain land area upon and around which "Unit 1" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in 1 area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 1". b) That certain land area upon and around which "Unit 2" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in 1 area, is deemed a limited common element appurtenant to and for the exclusive use I of "Unit 2". i c) That certain land area upon and around which "Unit 3" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 3". x Id) That certain land area upon and around which "Unit 4" is located, shown and designated on the Condominium Map and being approximately 20.000 acres inIt area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 4". r All costs of every kind pertaining to the aforesaid limited common elements, including but tnotlimitedtocostsoflandscaping, maintenance, repair, replacement and/or improvement, shall be borne solely by the owner(s) of the unit(s) to which said limited common elements are appurtenant.t V -- COMMON INTEREST x.Each unit and its owner(s) shall have appurtenant thereto a one-fourth (1/4) fractional interest (25.0 percentage interest) in the common elements of the Project, for all purposes including voting, said interest being referred to as the "common interest". t' z VI -- EASEMENTS a i a) Generally. In addition to the exclusive easements established in the limited common elements, each unit shall have appurtenant thereto non-exclusive easements in the common elements designed for such purposes of ingress to, egress from, utility t services for, and support, maintenance and repair of such unit, and in the other common elements of the Project for use according to their respective purposes. When applicable, Ft 31 t e is 5 each unit shall also have appurtenant thereto easements in the other unit(s) and/or their appurtenant land areas for the purposes of utility services for, and the maintenance and repair of said utility services, including but not limited to electricity, gas, water, sewage,telephone and television cable. b) Easements of Record. The interests of any unit created herein, including thelimitedcommonelementlandareaappurtenanttoanyunit, shall be perpetually subject toorbenefittedby, as the case may be, any easements of record as well as those easements, if any, described in Exhibit ""A'" of this Declaration and/or shown anddesignatedontheCondominiumMap. c) Driveway and Utility Easement "A". Unit 4 of the Project shall have appurtenant thereto a mutual and non-exclusive easement, for purposes of roadway/driveway ingress and egress and for utility access purposes, over and across that i„ portion of the limited common element land area appurtenant to Unit 1 set aside for said l' purpose, being fifty feet (50') wide, as shown and designated on the Condominium Map asEasement "A". The maintenance, repair and improvement of the driveway uses of said i easement area shall be the mutual responsibility of the owners of Unit 1 and Unit 4, and all costs incurred in connection with same shall be shared equally by both unit owners.Unless agreed otherwise, the costs incurred in connection with the installation, smaintenance, repair and/or improvement of utility services to a particular unit within and 1. through said easement area shall be borne by the owner of the unit so served. Id) Driveway and Utility Easement "B". Unit 3 of the Project shall have appurtenant thereto a mutual and non-exclusive easement, for purposes of roadway/driveway ingress and egress and for utility access purposes, over and across that i' portion of the limited common element land area appurtenant to Unit 2 set aside for said i purpose, being fifty feet (50') wide, as shown and designated on the Condominium Map asEasement "A". The maintenance, repair and improvement of the driveway uses of said i easement area shalt be the mutual responsibility of the owners of Unit 2 and Unit 3, and all j' costs incurred in connection with same shall be shared equally by both unit owners. i' Unless agreed otherwise, the costs incurred in connection with the installation, maintenance, repair and/or improvement of utility services to a particular unit within and through said easement area shall be borne by the owner of the unit so served. i i VII -- ALTERATION AND TRANSFER OF INTERESTS Except as otherwise provided in this Declaration, the common interest and easements appurtenant to each condominium unit shall have a permanent character and shall not be l altered without the approval of all the unit owner(s) affected, expressed in a duly recorded amendment to this Declaration, which amendment shall contain the consent thereto by the t.holders of all mortgages of any affected unit which are filed of record. The common interest and easements shall not be separated from the unit to which they appertain and shall be deemed to be conveyed, leased or encumbered with such unit even though such interest or easement may not be mentioned or described expressly in the instrument of j; transfer. it 1. i, i' I' jt 6 VIII -- PURPOSES OF BUILDINGS AND RESTRICTIONS AS TO USE a) Generally. The units of the Project shall be occupied and/or used only forthosepurposespermittedbyapplicablelanduselawsandzoningordinances. The unit owners shall have the absolute right to lease or rent their units subject to the limitations, restrictions, covenants and conditions contained in this Declaration or in the By-Laws oftheAssociationofCondominiumOwners. Subject also to said Declaration and By-Laws,maximum allowance and freedom shall be given so as to accomodate the individual unitowner's artistic, creative and life-style requirements. The restrictions and protective provisions contained in this section affect and restrict the entire Project, and are and shall be construed as protective provisions running with the land, binding upon all owners of units within the Project, and all subsequent owners thereof, including tenants, lessees andrenters, b) County Water Meter. The parcel comprising the land portion of the ProjectispresentlyservedbyasingleCountywatermeter. Until such time as separate Countywatermetersareobtainedforeachunit: (i) the primary water source for each unit shall be by way of water catchment; and (ii) said existing County water service shall only be usedbytheindividualunitownersoftheProjectasaback-up system. No water from said service may be sold to or used by other parcels. c) Overhead Utility Lines. No overhead utility lines of any nature may be constructed upon and/or located within any portion of the limited common element land areas appurtenant to Unit 2 or Unit 3 of the Project located above the twenty-three hundred foot (2,300') elevation level; accordingly, all utility lines located on those portions of the land areas appurtenant to Unit 2 and Unit 3 above the 2,300-foot elevation level must be located underground. IX -- SERVICE OF PROCESS David A. Lucas, whose residence and post office address is P.O. Box 855, Holualoa, Hawaii 96725, is hereby designated as the person to receive service of process until such time as both units of the Project are sold or conveyed. It is intended that the Project will subsequently become self-managed. X -- ASSOCIATION OF CONDOMINIUM OWNERS Administration of the Project shall be vested in its Association of Condominium Owners, herein called the "Association", consisting of all unit owners of the Project in accordance with the By-Laws of the Association recorded concurrently herewith, as such may be amended from time to time. The owner of any unit, upon acquiring title thereto, shall automatically become a member of the Association, and shall remain a member thereof until such time as his ownership of such unit ceases for any reason, at which time his membership in the Association shall automatically cease; provided, however, that to such extent and for such purposes, including the exercise of voting rights, as shall be provided is 7 by lease on any unit, a copy of which lease is filed with the Board of Directors of the Association, the lessee of such unit shall be deemed to be the owner thereof. XI -- ADMINISTRATION OF THE PROJECT Administration and operation of the Project, including the maintenance, repair, replacement and restoration of the common elements, and any additions and alterations thereto, shall be in accordance with the provisions of the Condominium Property Act, this Declaration, and the By-Laws of the Association. The owner of each condominium unit shall be solelyresponsibleforthemaintenance, repair, replacement and restoration of his individual unit and its appurtenant limited common elements, except as otherwise provided herein. TheAssociationofCondominiumOwnersshallberesponsibleforallcommonelementsofthe t' Project, and specifically but without limitation, shall: a) Repair, maintain, amend and keep all common elements of the Project, including a` without limitation the buildings thereof, if any, in good order and condition except as otherwise provided herein, and repair and make good all defects in the common elements of the Project herein required to be repaired by the Association, of which notice may be given by any owner or his agent, within thirty (30) days after the giving of such notice; b) Observe and perform all laws, ordinances, rules and regulations now or hereafter made by any governmental authority for the time being applicable to the Project or the use thereof; c) Not erect or place on any common elements of the Project any building or structure, including fences and walls, nor make additions or structural alterations to or exterior changes of any common elements of the Project, nor place or maintain thereon any signs or bills visible outside of the Project, except those first approved by a majority of the unit owners (or such larger percentage required by law or this Declaration) including all owners of units thereby directly affected; d) Landscape and maintain in a neat and attractive condition all trees, shrubs, grass and groundcover, and replant the same as may be necessary, on all parts of the common elements not limited to a particular unit's use; e) Have the right, to be exercised by its Board of Directors or Managing Agent, to jienteranyunitandlimitedcommonelements, if any, during reasonable hours as may be necessary for the operation of the Project, or for making emergency repairs therein required to prevent damage to any unit or common elements not limited to a particular unit's use, or for the installation, repair or replacement of any common elements not limited to a particular unit's use; f) Not make or suffer any strip or waste, or unlawful, improper or offensive use of the Project or any portion thereof. Fyy' ji 8 XII -- COMMON EXPENSES a) Expenses of Common Elements. The owner of each unit shall be liable for and shall pay a share of the common expenses of the Project in proportion to the common interest appurtenant to his unit. Said common expenses shall include all charges, costs and expenses whatsoever incurred by the Association for or in connection with the administration and operation of the Project, including, but not limited to, the following: (1) maintenance, repair, replacement and restoration of the common elements not limited to a particular unit's use; (2) premiums for hazard and liability insurance as required by this rc Declaration; (3) all utility services, including electricity, water, gas, sewer, refuse collection, etc., unless separately metered or charged; (4) janitorial, yard and other similar common services; (5) management fees; and (6) all other expenses necessary for the upkeep, maintenance, management and operation actually incurred on or for the common elements. All unit owners shall be severally liable for said common expenses in proportion to their respective common interests. Real property taxes and special assessments referred to in Section 514A-6, Hawaii Revised Statutes, as amended, shall not be common expenses of the Condominium Property Regime hereby created, and no payments thereof shall be considered payments of common expenses. b) Expenses of Limited Common Elements. All charges, costs and expenses incurred by the Association for or in connection with the administration and upkeep of the limited common elements, including but not limited to, costs of maintenance, repair and replacement thereof, and additions, alterations and improvements thereto, shall be assessed against and borne entirely by the respective unit(s) to which any such limited common elements are appurtenant. c) Assessments for Common Expenses. The Board of Directors of the Association shall assess the common expenses against all units in their respective proportionate shares as provided for in Section XIII below. Any unpaid amount of such assessments against any unit shall constitute a lien against such unit which may be foreclosed by the Board of Directors or Managing Agent as provided for in said Condominium Property Act. In the event that assessments received during any year are in excess of the actual expenditures for such year by the Association for common expenses of the Project, the Board of Directors may determine in its sole discretion that such excess shall be: refunded to the unit owners in whole or in part; applied in whole or in part to reduce the assessments for the immediately subsequent year; designated in whole or in part as a capital contribution to the Association to be used for future capital improvements and replacements; segregated and held in whole or in part as a Custodial Fund to be expended solely for specifically designated capital improvements and replacements, or; segregated and added in whole or in part to the Maintenance Reserve Fund established hereunder. No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of his unit. d) Water Service Expenses. Notwithstanding the provisions of Section XII(a) hereinabove, for as long as the Project is served by only one County water meter, the unit owners shall share the expenses incurred in connection with said water service in proportion to their respective water usage, rather than in proportion to their respective st 9 common interests. In the event that there are County-imposed restrictions on the amount of water available to the one meter serving the Project, each unit's proportionate water r' usage shall not exceed its respective common interest share (as defined in Section V herein) of the total allowable usage. In the event that additional water meters are secured for the Project, thus providing each condominium unit with a separate meter, each unit k' owner shall be solely responsible for the water charges attributable to its respective unit. XIII -- MAINTENANCE RESERVE FUND a) General Provisions. The Board of Directors shall establish and maintain a Maintenance Reserve Fund by the assessment of and payment by all the unit owners, in equal monthly installments, of their respective proportionate shares of such reasonable annual amounts as the Board may estimate as adequate to cover each unit owner's obligations to provide for utilities, insurance, maintenance and repair of the common elements, and other common expenses of administration of the Project, which shall be deemed conclusively to be a common expense of the Project. The Board may include reserves for contingencies in the assessment, and the assessment may from time to time be increased or reduced at the discretion of the Board. The proportionate interest of each unit owner in said Maintenance Reserve Fund, or in the capital contributions or Custodial Fund provided for in Section XII above, cannot be withdrawn or separately assigned, but shall be deemed to be transferred with such unit even though not expressly mentioned or described in the conveyance thereof. In case the Condominium Property Regime hereby created shall be terminated or waived, said Maintenance Reserve Fund, capital contributions or Custodial Fund remaining after full payment of all common expenses of the Association shall be distributed to all unit owners in their respective proportionate shares. b) Waiver of Fund. in the event that the Project has no common expenses that require regular monthly assessment and payment, the Board of Directors may elect not to establish and maintain a Maintenance Reserve Fund and to instead levy special assessments only when common expenses arise from time to time. Whenever such special assessments are levied, the Board shall assess the owners according to their respective proportionate shares. XIV -- INSURANCE is a) Casualty and Liability Insurance. The Association shall at all times keep all j= improvements of the Project insured against loss or damage by fire, in an amount sufficient to provide for the full repair or replacement thereof in the event of such loss or damage. Flood insurance shall also be provided under the Federal Flood Disaster Protection Act if the property is located in an identified flood hazard area as designated by the federal Department of Housing and Urban Development. Exterior glass or other casualty coverage may be provided at the option of the Association. In addition to the foregoing casualty coverage, the Association may purchase and maintain directors' and officers' liability insurance with minimum coverage in such amount as shall be determined by the Board of Directors. All insurance premiums incurred pursuant to this subsection shall be common expenses. k E i': 10 f b) General Insurance Provisions. All insurance required under this section shall I be written on the property in the name of the Association of Condominium Owners and sshallbepurchasedfromaninsurancecompanyauthorizedtodobusinessintheStateofi Hawaii. All provisions for insurance contained herein are without prejudice to the right of each unit owner to insure his own unit for his own benefit. t t: fc) Individual Insurance. In the event that none of the structures comprising the timprovementsportionoftheProjectcontainmorethanoneunit, but rather each of the I: individual units of the Project is comprised of a separate detached structure or structures, I the Association may, at it option, elect to comply with the provisions of the foregoing subsection (a) by alternatively requiring that individual unit owners provide their own j casualty and liability insurance; PROVIDED, HOWEVER, that (i) any such decision to allow individual unit owners to insure themselves must be by unanimous agreement of and participation by all unit owners of the Project, and (ii) all insurance policies so secured shall j' name the Association as an additional insured party. Payment of any premiums pursuant to this subsection shall not be a common expense, but shall be the responsibility of each i' individual unit owner. The provisions of this subsection shall not apply to any portion of the Project comprised of improvements deemed common elements under this Declaration; t. said common elements shall be insured by the Association at its common expense. I. t, XV -- DAMAGE OR DESTRUCTION OF IMPROVEMENTS I" Ifa) Individual Units. If any part of the improvements of an individual unit, including any limited common element appurtenant exclusively to said unit, shall be t. damaged or destroyed by an insured or uninsured casualty, the determination of whether I or not to reconstruct or repair the same shall be made by the owner of said unit. I Specifically, unless the owner of the damaged or destroyed unit, with the approval of the d holders) of any mortgage(s) affecting said unit, decide against such reconstruction and/or repair, or unless this Declaration is terminated by vote of all of the unit owners pursuant to the provisions of Section 514A-21 of the Condominium Property Act, said owner shall t proceed promptly and diligently with reconstruction and/or repair of the unit; provided, j however, that said owner shall be provided a reasonable time period for the adjusting of any insurance loss, preparation of building plans, hiring of contractors, architects, and k` other professionals, and arranging of financing. All such reconstruction and/or repair shall be made in accordance with plans conforming to this Declaration and to all laws and ordinances then in effect. If the owner of a damaged or destroyed unit elects not to repair or reconstruct the unit pursuant hereto, said owner shall be responsible at his own cost t t.and expense to remove all remains of the unit so damaged or destroyed and to restore the site thereof to good orderly condition and even grade. Any insurance proceeds payable t with respect to the unit in connection with a casualty loss shall be paid to the unit owner and his mortgagee(s), as their interests may appear. jb) Common Elements. In the event of loss or damage which extends to any part of the common elements of the Project, the Association shall promptly reconstruct and/or repair such improvements unless the Declaration is terminated pursuant to the E provisions of Section 514A-21 of the Condominium Property Act, with the consent of all t mortgagee(s) of any unit(s). Restoration of the common elements shall be completed t t j i t j ji p i 1 diligently by the Association at its common expense, according to the original plans and elevations thereof, or such modified plans conforming to laws and ordinances then in effect. Unless restoration is undertaken within a reasonable time after such casualty, the Association, at its common expense, shall remove all remains of improvements so damaged or destroyed and restore the site thereof to good orderly condition and even grade. g' XVI -- ALTERATION OF INDIVIDUAL CONDOMINIUM UNITS Notwithstanding anything to the contrary contained in this Declaration, individual unit owners shall have the right, at their sole discretion and without the consent or permission of other unit owners or the Association, to renovate, remodel, make additions to, enlarge, remove, replace or restore the improvements to or in their unit or portions thereof, or to make improvements upon the land area appurtenant to the unit (collectively, the foregoing are referred to as "alterations"), provided said alterations are permitted by and done in complete accordance with all applicable ordinances, codes, rules, regulations or other requirements in force at the time said alterations are made. All alterations made by a unit owner pursuant hereto are subject to the following conditions: a) All building plans prepared in connection with any such alterations shall conform with all applicable County building and zoning ordinances. b) No improvements shall be constructed outside the limited common element land area appurtenant to the unit. All improvements (exclusive of fences, walls and/or driveways) constructed after the date of this Declaration shall maintain a minimum setback of twenty feet (20') from all property lines (including all individual limited common element land area perimeter boundaries), or such greater distance as may be required by applicable zoning ordinances. No alteration to a unit will be made if the effect of such alteration would be to exceed the unit's proportionate share of the allowable floor area and/or lot area coverage for the land upon which the Project is located, as defined by the applicable zoning ordinances in effect when the alteration is to be made; pursuant hereto, each unit's proportionate share of the buildable floor area and/or lot area coverage shall be the same as its common interest share (as defined in Section V herein). c) All such alterations shall be at the expense of the unit owner making said alterations, and shall be expeditiously made and in a manner that will not unreasonably interfere with any other unit owner's use of their limited common element land area. d) The owner of an altered unit shall have the right to utilize, relocate and realign existing appurtenant installations and/or to develop additional appurtenant installations for services to the unit affected by such alterations for electricity, water, sewer and other utilities and services and, when applicable, to add, delete, relocate, realign, designate and grant easements and rights-of-way over, under and on the common elements and/or any limited common elements benefiting more that one unit as necessary or desirable in connection therewith; provided that the same i F 12 k'. shall not cause any interruption in the service of such utilities to any other part oftheProject. e) The owner of any altered unit shall have the right and duty, without the consent or joinder of any other person, to amend and shall be required to amend this Declaration and the Condominium Map to reflect any such alterations. If required by the Condominium Property Act, then promptly upon completion of such alterations, the owner of the altered unit shall duly record an amendment to this f Declaration with the Bureau of Conveyances of the State of Hawaii, together with a complete set of floor plans and elevations of the Project as so altered, certified as built by a registered architect or professional engineer. Pursuant hereto, all unit owners and their mortgagees, by acquiring an interest in a unit, shall be deemed to have been granted a Power of Attorney from all other unit owners to execute an amendment to this Declaration solely for the purpose of describing the alterations totheirrespectiveunit. This Power of Attorney shall be deemed coupled with each owner's interest in their unit and shall be irrevocable. l f) Until such time that all four units of the Project have been issued a building permit for at least one dwelling unit, no alteration or addition shall be made to a unit and no addition shall be placed upon the limited common element land area appurtenant to such unit if the effect of such alteration or addition would be to create more than one dwelling unit, as defined by the County, upon or within such unit or land area; PROVIDED, HOWEVER, that after all four units of the Project have been issued a building permit for at least one dwelling unit, any unit owner may attempt to secure building permit(s) to construct additional dwelling unit(s) as may be permitted by theCounty. g) Each and every conveyance, lease and mortgage or other lien made or created on any unit and all common interests and other appurtenances thereto shall be subject to the provisions of this section and any lease of a unit or its appurtenant land area shall reserve to all unit owners the rights set forth in this section. XVII -- JOINDER AND POWER OF ATTORNEY a) Joinder. To the extent that joinder of any other unit owner(s) may be required in order to effect any alterations to individual units as provided for herein, or to otherwise make lawful use of their unit to the extent and in the manner allowed by applicable law or ordinance, including but not limited to the obtaining of building permits, governmental applications, and/or amending of the Declaration or Condominium Map and the recordation thereof, each and every owner, by acquiring an interest in the Project or property, by such acquisition, consents and agrees to execute such documents and instruments and do such other things as may be necessary or convenient to effect said alterations or make such accomodations. b) Power of Attorney. The Fee Owner, and after creation of the Association, the President of the Association, is hereby granted a power of attorney to execute allbuildingpermits, governmental applications or similar matters sought by the Association or 13 any individual condominium unit owner. Said President, when requested, shall promptlyexecuteallsuchdocumentswhichdonotviolatelaworanyProjectdocuments. XVIII -- COMPLIANCE WITH CONDOMINIUM LAW, DECLARATION, BY-LAWS AND ASSOCIATION ACTIONSi All unit owners, their tenants, families, servants and guests, and any other persons whomayinanymannerusetheProjectoranypartthereof, shall be bound by and shall complystrictlywiththeprovisionsoftheCondominiumPropertyAct, Chapter 514A of the HawaiiRevisedStatutes, this Declaration, the By-Laws of the Association of Condominium1 4. Owners, and all agreements, decisions and determinations of the Association, as lawfullymadeoramendedfromtimetotime, and failure to comply with any of the same shall beIgroundsforanaction, with costs and fees chargeable to the losing party, to recover sumsdue, for damages or injunctive relief, or both, maintainable by the Managing Agent or thejBoardonbehalfoftheAssociation, or in a proper case, by an aggrieved unit owner. TheaforesaidBy-Laws of the Association, recorded concurrently herewith, are incorporatedhereinbyreference. XIX -- RIGHTS OF MORTGAGE HOLDERS, INSURERS OR GUARANTORS a) Notice Required. The Association shall provide the holder(s), insurer(s), or guarantor(s) of the mortgage(s) on any unit in the Project with timely written notice of anyt.of the following: (a) any condemnation or casualty loss that affects either a materialportionoftheProjectortheunitsecuringitsmortgage; (b) any 60-day delinquency in thepaymentofassessmentsorchargesowedbytheownerofanyunitonwhichitholdsthemortgage; (c) a lapse, cancellation, or material modification of any insurance policy orfidelitybondmaintainedbytheAssociation; and (d) any proposed action that requires theconsentofaspecifiedpercentageofmortgageholders. b) Priority of Mortgage Holders. Notwithstanding anything in this Declaration ortheBy-Laws of the Association of Condominium Owners to the contrary, no unit owner or any other party shall have priority over any rights of mortgagees of units pursuant to theirmortgage(s) in the case of a distribution to unit owners of insurance proceeds orcondemnationawards. c) Amendment of Declaration or By-Laws. No amendment of this Declaration tt ttoroftheBy-Laws of the Association of Condominium Owners shall affect the rights of anymortgageeofanyunitintheProjectwhosemortgageisrecordedpriortotherecordationof i'rsuchamendmentandwhodoesnotconsenttosaidamendment. Any amendments of a material nature to either the Declaration or By-Laws shall require the consent of mortgageholdersrepresentingatleastfifty-one percent (51%) of the votes of unit estates that aresubjecttomortgagesheldbyholders. f t i y;5 S i 14 XX -- AMENDMENT TO DECLARATION Except as otherwise provided herein or in the Condominium Property Act, this Declaration may be amended upon the vote or written consent of seventy-five percent (75%) of all unit owners, effective only upon the recording of an instrument setting forth the amendmentzandvotedulyexecutedbysaidownersorbytheproperofficersoftheAssociationofCondominiumOwners. I XXI -- ACTIONS OF FEE OWNER 1 As long as the Fee Owner owns one or more of the units of the Project, said Fee Owner 4shallbesubjecttotheprovisionsofthisDeclarationandtheBy-Laws of the Association of E Condominium Owners; provided, however, that prior to the first meeting of the i Association, the Fee Owner shall have full authority to represent the Association and shallRactinallmattersastheAssociation. XXII -- ARBITRATION At the request of any party, any dispute concerning or involving one or more unit owners i and the Association of Condominium Owners, its Board of Directors, managing agent, or one or more other unit owners relating to the interpretation, application or enforcement of the Condominium Property Act (Chapter 514A, Hawaii Revised Statutes, as amended), this Declaration, the By-Laws, or House Rules adopted in accordance with said By-Laws, as said documents may be hereafter lawfully amended, shall be submitted to arbitration. All arbitrations shall be conducted, unless otherwise agreed by the parties, in accordance with the provisions of Chapter 514A, Part VII (Sections 514A-121 et seq.}, of the Hawaii Revised Statutes. XXIII -- INVALIDITY I' t The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event, all of the other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. XXIV -- STATUS OF PROJECT t The Project is a conversion of fully constructed and existing structures to condominium j! status. Said structures are in compliance with all zoning and building ordinances and codes applicable to the Project. No variance has been granted to achieve such compliance. To the best of Fee Owner's knowledge, information and belief, the Project does not contain any legal non-conforming uses or structures as a result of the adoption or amendment of i t l i i I I 7 15 XXV -- RESERVATION OF DEVELOPMENT RIGHTS i The Fee Owner, on behalf of itself and all future individual unit owners of the Project,hereby expressly reserves the right to subdivide the land upon which the entire Project islocated. In the event that the Fee Owner (or, in the event that there are more than one f owner of the Project, all of the unit owners of the Project, hereinafter referred to ascollectiveunitowners") is able to obtain formal County subdivision of the property intofourparcels, each parcel being identical in size and configuration to the four limited t.common land areas appurtenant to each of the four units of this Project, said Fee Ownerorcollectiveunitowners, as applicable) may, at its option, remove the entire property t, from the provisions of the Condominium Property Act, pursuant to Section 514A-21 of theHawaiiRevisedStatutes. Pursuant thereto, the Fee Owner (or collective unit owners, as s. applicable) shall execute and record any amendment(s) to this Declaration or otherinstrument(s) necessary to effect said removal. All costs incurred in connection with the exercise of the development rights reserved herein shall be shared by the collective unit owner(s) of the Project at the time said development rights are exercised, in proportion tot.their respective common interest shares. This reservation of development rights shall jaccruetothebenefitofanyandallsuccessorsininterestandassignsofFeeOwnerand/orthecollectiveunitownersoftheProject. C; Ck k. t t_ i a ts 6 t1 1 i' t i 1 1 i g i t i i i x 16 i IN WITNESS WHEREOF, the Fee Owner has executed this Declaration of Condominium Property Regime for the GREENER PASTURES Condominium Project dated x the 1st day of October, 1997. HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership, By DAVID A. LUCAS, Managing Partner Fee Owner 1:. i 1 p' i STATE OF HAWAII SS: COUNTY OF HAWAII j•. 1 j rOnthis /,/ day of l-C Z ''` 1997, before me personally appeared DAVID A. LUCAS, to me personally known, who, being by me duly sworn, did say that he is the Managing Partner of HAWAII GREENER PASTURES i PARTNERSHIP, a Hawaii general partnership, that the foregoing instrument was signed in 1 the name of and in behalf of said partnership, and said DAVID A. LUCAS acknowledged t that he executed the same as his free act and deed as the free act and deed of saidt. partnership. j CHf-fi/,S` ,, P s G T - l oD NO fARY k`0 A - L • <'r< Jo r Public, State of Hawaii 1 PUgL(DA `eolnmission expires: 7-' rter9£nr ,w;'''` iti zf k i tiY i 1 e x EXHIBIT "A" t All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal i' Patent Number 4475, Land Commission Award Number 7713, Apana 43 fl"to V. Kamamalu and Royal Patent Number 8217, Land Commission Award Number 3660 to John P. Munn) situate, lying and being on the south side of Kahului 2nd and approximately 4,800 feet northeast of Mamalahoa Highway at Holualoa 1st and 2nd, North Kona, Island and County of Hawaii, State of Hawaii , being LOT 5ofthe "WAIONO MEADOWS", and thus bounded and described as per survey of Russell Figueiroa, Registered Professional Surveyor f with R. M. Towill Corporation, dated January 19 , 1987 , to-wit: Beginning at the northeast corner of this parcel 1 of land, on the south boundary of R.P. 1669, L.C.Aw. 8516-B to M. Kamikui, the coordinates of said point of beginning referredtoGovernmentSurveyTriangulationStation "KEAHUOLU R.M. NO. 1" being 5,667.19 feet south and 32,054.96 feet east, and thence running by azimuths measured clockwise from true south: r 1. 336° 39' 2813. 15 feet along the west boundary of Lot B of Waiono Meadows; 2. Thence along the north boundary of Lot 11 (roadway) of Waiono Meadows, on a curve to the right with a radius of 520.00 feet, the chord azimuth and distance being: 80° 17 ' 00" 320.80 feet; z 3. Thence along the north boundary of Lot 11 (roadway) of Waiono Meadows, on a curve to the left with a radius of 400.00 feet, the chord azimuth and distance being:f 74° 21' 00" 324.11 feet; 4.50° 27' 194.00 feet along the north boundary of Lot 11 roadway) of Waiono Meadows; 5. Thence along the north boundary of Lot 11 ( roadway) of Waiono Meadows, on a curve to the right with. g f i s a radius of 200. 00 feet, the chord azimuth and distance being: 66° 28' 00" 110. 37 feet;k; 6.82° 29' 220.00 feet along the north boundary of Lot 11 roadway) of Waiono Meadows; 7. Thence along the north boundary of Lot 11 (roadway) of Waiono Meadows, on a curve to the right with a radius of 120.00 feet, the chord azimuth and distance being: 108° 12' 00" 104.14 feet; 8. 133° 55' 250.00 feet along the north boundary of Lot 11 x roadway) of Waiono Meadows; 9. Thence along the north boundary of Lot 11 ( roadway) of Waiono Meadows, on a curve to the left with a radius of 340.00 feet, the chord azimuth and distance being: g. 120° 00 ' 00" 163. 55 feet; 10. 106° 05' 135.00 feet along the north boundary of Lot 11 roadway) of Waiono Meadows; 11 . Thence along the north boundary of Lot 11 ( roadway) of Waiono Meadows, on a curve to the left with a radius of 240.00 feet, the chord azimuth and distance being: 80° 25' 00" 207.90 feet; 12. 177° 19' 1795. 31 feet along the east boundary of Lot 3 of Waiono Meadows; Exhibit "A" -- Page 2 13. 235° 25' 284. 50 feet along remainder of R.P. 4475, L.C.Aw. 7713, Ap. 43 to V. Kamamalu; 14. 111° 51' 262.94 feet along remainder of R.P. 4475, L.C.Aw. 7713 , Ap. 43 to V. Kamamalu; 15. 235° 12' 56" 1012. 34 feet along R.P. 1669, L.C.Aw. 8516-8 to M. Kamaikui to the point of beginning and containing an area of 80.000 acres, more or less. t'. Exhibit "A" -- Page 3 5 I- i r f t T. i Together with a nonexclusive and perpetualeasementforroadwayandutilitypurposesdesignatedasEasement13, over, upon, through, and across Lot 11, being moreparticularlydescribedasfollows:i LOT Il t11iC17tD1111311 rouaw 1131AD s i Lamp i mTC x= oar Tse ao*Ts' ams or sfAsa z.bapa MIOMMAT s', r21iledVasaanewSTOWofla5OLO7ftad r IMMO FOR170s4 OF, ROYAL PA?'! 711s, LAID ctns¢saxou AWARD else-s. AIWA a TO W.C. l.LnI31 8 ROTA. FANNER 447a, LAM OGI11GaaXOn AsfARD 7713, A,1Aa1 42 TO V. pMMAILLO AM 14TAL PATast! $317, La2tfl OOMICAaIon A30.2gO 7400 TO Joss P. aattmm i At 2'uapsaaavi, rolualoa let and 2nd, Worth lona, ?eland of Savaii, Katati Beginning at the Southwest corner of this parcel of land. on theNortheastaideofMamalahoeHighway, the coordinates of saidbegir.fing referred to Government Survey Triangulation Station* int of O. 1' being 8,422 ,99 feet South. and 26,575 56 feet East. and thee r PINinbyazimuthsmeasuredclockwisefroom. true South: 1 170' 21' 102.04 feet along the Northeast side of MamaiahoaHighway;e 2.Thence along Loc 2 of Maiono Meadows, on a curve to the left rt with a radius of 25.00 feet. the chord azimuthanddistancebeing: 313' 11' 00' 30,21 feet, 3. 276' O1'3.4a feet along Lot 2 of Maiono Meadows, 4.Thence along Lot 2 of Walono Meadows. on a curve to the leftwitharadiusof310.00 feet, the chord azimuthanddistancebeing: 256' la' 00• 208.17 feet, 5. 236' 35' 335.00 feet along Lot 2 of Maiono Meadows; 6 .Thence along Lot 2 of Maiono Meadows, on a curve to thetightwitharadiusof200.00 feet, the chord 1, azimuth and distance beings251' 52' 00' 105.44 fest; 7. 267. 09' 190.00 feet along Lot 2 of Maiono Meadows, g. a.Theme along Lot 2 of Watono Meadows, on a curve to the i right with a radius of 160.00 fest, the chordazimuthanddistancebein288' 52' 00• 118. 41 feet; z. Exhibit "A" -- Page 4 i w i itr i k f' i z Tis I 9. 310. 35' 100.00 feet along Lot 2 of Waiono Meadows, 10. Thence along Lot 2 of Waiono Meadows, on a curve to the left with a radius of 120.00 feet. the chord azimuth and distance being: t 279' 21' 00' 124.45 feet/ i 11. 2d0' 07' 257.00 feet along Lot 2 of Waiono Meadows: 12. Thence along Lot 2 of Waiono Meadows. on a curve to the right with a radius of 130.00 feet, the chord azimuth and distance being: ass' 43' 00' 162.21 feet, i 13. 325' 19' 96.00 feet along Lot 2 of Waiono Meadows; 14. Mimeo along Lot 2 of Waiono Meadows. on a curve to the left t with a radius of 110.00 feet. the chord azimuth and distance being: 260' 22' 00' 155.43 feet, 25. 235' 25' 190.00 feet along Lot 2 of Waiono Meadow:: 16. Thence along Lot 2 of Waiono Meadow. on a curve to the t right with a radius of 300.00 feet. the chord azimuth and distance being: 250' 25' 00' 155.29 feet: 1 1/. 2650 25' 210.00 feet along Lot 2 of Waiono Meadows; 18. Thence along Lot 2 of Waiono Meadows, on a curve to the left with a radius of 160.00 fest, the chord azimuth and distance being:4 250' 51' 00" 90.54 feet; 19. 236' 17 ' 155.00 feet along Lot 2 of Waiono Meadows; 20. Thence along Lot 2 of Waiono Meadows, on a curve to the right with a radium of 120.00 feet, the chord azimuth and distance being: 204' 11' 00" 170.07 feet; i 21 . 332' 05' 110.65 feet along Lot 2 of Waiono Meadows; 22. Thence along Lot 2 of Waiono Meadows, on a curve to the left with a radius of 100.00 feet. the chord azimuth s, and distance being: 305' 20' 00' 90.02 feet, 23. 270' 15' 351.50 feet along Lot 2 of Waiono Meadows: 24. Thence along Lot 3 of Waiono Meadows, on • curve to the k tight with a radius of 220.00 feet, the chord azimuth and distance being: 3100 10' 00' 231.32 feet; t 25. Thence along Lot 3 of Waiono Meadows. on a curve to the left with a radius of 240.00 feet, the chord azimuth and distance beings r` 123' 43' 00' 150.72 feet; i; 26 . 305' 25' 206.00 feet along Lot 3 of Walono Meadows; s F Exhibit "A" -- Page 5 t i i t k l I 1 R: i s` i t R 9` d i6 27• Thence along Lot 3 of Melon* Meadows, on a curve to the leftwitharadiusof100.00 fest, the chord azimuthanddistancebeing: 279' 30' 00' 67.41 feet' 26. 253' 35' 340.00 fest along Lot 3 of Melon° Meadow'' 29. The-oe along Lot 3 of Melon* Meadows, on a curve to the left kwitharadiusof390.00 fest, the chord azimuthanddistancebeing:242' if' 00• 344.37 feet, 30. 232' 15' 120.00 feet along Lot 3 of Waiono Meadows; 31. Thence along Lot 3 of Waiono Meadows, on a curve to the i'right with • radius of 420.00 feet. the chord 1'azimuth and distance being:256' 13' 00" 341.21 fest' 32. 210. 11' 00.00 feet along Lot 3 of Walono Meadows; 33• Thence along Lot 3 of Malone Meadows, on a curve to the loftwitharadiusof70.00 fest, the chord azimuthanddistancebeing:257' 21' 00"54.06 fest' 34. 234. 45' 10.00 feet along Lot 3 of Walono Meadows' 35. Thence along Lot S of Waiono Meadows, on a curve to therightwitharadiusof240.00 feet. the chord i'azimuth and distance being:260' 25' 00' 207 .90 fest' t 36. 266' 05' 135.00 feet along Lot 5 of Welono Meadows; 37 Thence along Lot 5 of Waiono Meadows, on a curve to therightwitharadiusof340.00 fest. the chordazimuthanddistancebeing:300' 00' 00' 163.55 fest' ta. 313' 55' 250.00 feet along Lot 5 of Waiono Meadows; i9 . Thence along Lot S of Waiono Meadows, on a curve to the left lwitharadiusof120.00 feet, the chord azimuthanddistancebeing:266' 12' 00' 104.14 feet' 40. 262' 29'220.00 feet along Lot 5 of Waiono Meadows/ k11 .Thence along Lot 5 of Waiono Meadows, on a curve to the leftwitharadiusof200.00 feet, the chord azimuthanddistancebeing:246' 26' 00• 110.37 feet/ 42. 230' 27' 194.00 feet along Lot 5 of Walono Meadows' 43. Thence along Lot S of Waiono Meadow, on a curve to therightwitharadiusof400.00 feet, the chordazimuthand 00"distance being: 321.11 leer' 44 . Thencw along Lot S of Waiono Meadows, on a curve to the left a. i Exhibit "A" -- Page 6 t 1 with a radius of 520.00 fest, the chord azimuth x' and distance bring: 260' 17' 00' 320.40 feet; 3; 45. 242' 19' 659.00 fest along Lot 6 of Waiono Meadows; 66 . Thanes along Lot 0 of Wainno Meadows, on a Lirve to the right with • radius of 150.00 feet, the chord azimuth and distance being: 274' 22' 00' 159.20 feet; 47 . Thence along Lot a of Waiono Meadows, on a curve to the left with a radium of 130.00 feet, the Chord azimuth and distance being: 2112' 05' 00' 107.13 feet; 411. Thence along Lot 4 of Malone Meadows, on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 266' 09' 00' 204.52 feet; 49 . 274. 53• 690 00 feet along Lot a of Malone Meadows: 50. Thence along Lot 8 of Waiono Meadows, on a curve to the left with a rolius of 320.00 feet, the chord azimuth and distance being: 260' 17' 00' 157 .72 feet; 51. 246' 01' 120.00 feet along Lot s of Malone Meadows; 52 . Thence along Lot 0 of Waiono Meadows, on a curve to the right with a radius of 210.00 feet, the chord azimuth and distance being: 291' 06' 00' 241.40 feet: 53. Thence along Lot a of Waiono Meadowson a curve to the left l; with a radius of 110.00 feet, the chord azimuth and distance beings 294' 63' 00' 80.51 feet; 4 54.3' 15' 00.00 feet along Lot 10 of Malone Meadows; 55. Thence along Lot 9 of Malone Meadows, on a curve to the right with a radius of 190.00 feet, the chord azimuth and distance being: 114' 43' 00' 139,06 feat; 56 . Thence along Lot 9 of Waiono Meadows, on a curve to the lee: with a radius of 130.00 feet, the chord azimuth and distance being: 101' 06' 00' 149.44 feet; 57 . 66' 01' 120.00 feet along Lot 9 of Waiono Meadows; 58• Thence along Lot 9 of Waiono Meadows, on a curve to the right with a radius of 400.00 feet. the chord 4; azimuth and distance being: s0' 17' 00' 197.15 feet; 59 , 94' 33' 690.00 feet along Lots 9 and 7 of Maisano Meadows; 60. Thence along Lot 7 of Waiono Meadows, on a curve to the left 1 Exhibit "A" -- page 7 1 t' y. is d is with a radius of 620.oQ fest, the chord azimuthanddistancebeingt 6' OF' 00' 161.14 fast, gt 61. Thence along Lot 7 of Waiono Meadows, on a curve to the right with a radius of 214,00 fest. the chordazimuthanddistancebeing:102' 05' 00' 173.06 feet/ 162. Thence along Lot 7 of Waiono Meadow. on a curve to the leftwitharadiusof70.00 fest. the chord azimuthanddistancebeings 04' 22' oo' 74.26 foot) 63. 62' 19' 650.00 feet along Lot 7 of Waiono Meadows; 64.iThencealongLot7ofWalonoMeadows, on a curve to the trightwitharadiusof600.00 fest, the chord r azimuth and distance being:so' 17' 00' 370. 16 teat; 6S. Thanes along Lot 7 of Waiono Meadows. on a curve to the left 1` with a radius of 320.00 feet, the chord azimuth and distance biting: 174' 21' 00' 259.29 feet;a 66 . SO' 27' 194.00 feet along Lot 7 of Waiono meadow; t 67. Thence along Lot 6 of Waiono Meadows. on a curve to the right with a radius of 200.00 fa/et:. the chord azimuth a.Ld distance being:66' 28' 00' 154.'l feet: 68. 82' 29' 220.00 feet along Lot 6 of Waiono Meadows; f69. Thence along Lot 6 of Waiono Meadows, on a curve to the 1rightwitharadiusof200.00 feet, the chord azimuth and distance being:101' 12' 00' 173.57 fest; 70. 133' SS'250.00 feet along Lot 4 of Waiono Meadows; 71.Thence along Lot 6 of Waiono Meadows. on a curve to the leftwitharadiusof260.00 fest, the chord azimuth 1anddistancebeing: 120' 00' 00' 125.07 feat; I' 72. 106'05'135.00 fest along Lot 6 of Waiono Meadows, P73.Thence along Lot 6 of Waiono Meadows, on a curve to the left i` with a radius of 160.00 feet, the chord azimuthanddistancebeing: 80' 2S' 00' 138.60 feet; 74. 54' 65' 70.00 Lost along Lot 6 of Waiono Meadows, t s 75.Thence along Lot 6 of Waiono Meadows, on a curve to the right with a radius of 150.00 feet. the chord azimuth and distance being: t77' 20' 00' 115.15 feet: 76 . 100' 11' 00.00 feet along Lot 4 of Waiono Meadows T s tn Exhibit "A" -- Page 8 S' i i 77. Thence along Lot 4 of Malone Meadwa, on a curve to the left t_ with a radius of 340.00 feet, the chord azimuth and distance being: 7s' 13' 00" 274.22 feet, 78. 52'1S'120.00 feet along Lot 4 of Waiono Meadows, 79. Thence along Lot 4 of Waiono Meadows. on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 42' S5' 00' 173.99 feet: 80. 73' 35' 340.00 feet along Lot 4 of Waiono Meadows, 81. Thence along Lot 4 of Malono Meadow, on a curve to the right with a radius of 180.00 feet. the chord azimuth and distance being: 99' 30' 00' 157.34 fest, 82. 125' 25' 286.00 feet along Lot 4 of Waiono Meadows: 83. Thanes along Lot 4 of Waiono Meadows, on a curve to the right with a radius of 320.00 feet. the chord azimuth and distance being:143' 43' 00' 200.96 feet, 84. Thence along Lot 1 of Waiono Meadows, on a curve to the left with a radius of 140.00 feet, the chord azimuth and distance being: 130' 18' 00' 147.20 feet, 85. 98' 35' 353.58 feet along Lot i of Waiono Meadows; 86 . Thence along Lot 1 of waiono Meadows, on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 125' 20' 00" 162.04 fast; 87. 152' OS' 110.65 feet along Lot 1 of Waiono Meadows, 88. Thence along Lot 1 of Waiono Meadows, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being; 104' 11' 00' 59.14 feet, 89. 56' 17 ' 155.00 feet along Lot 1 of Waiono Meadows; 90. Thence along Lot 1 of waiono Meadows, on a curve to the right with a radius of 260.00 feet. the chord g' azimuth and distance being: 70' 51' 00" 130.78 feet, 91. 85' 25' 230.00 feet along Lot 1 of waiono Meadows, 92. Thence along Lot 1 of Waiono Meadows, on a curve to the left with a radius of 220.00 feet, the chord azimuth and distance being: 70' 25' 00' 113.88 feet; 93. S5' 25' 190.00 feet along Lot 1 of Waiono Meadows; 94. Thence along Lot 1 of Waiono Meadows, on a curve to the Exhibit "A" -- Page 9 i i 1 right with a radius of 190.00 feet, the chord 1 azimuth and distance being'1 100' 22' 00' 2611.67 feet; 95. 165' 19' 96.00 feet along Lot 1 of Maiono meadows, 96 . Thence along Lot 1 of Maiono Meadows, on a curve to the left with a radius of 50.00 feet, the chord azimuth f and distance being:1' 104' 43' 00" 62.39 feet;P 97. de' 07' 257.00 feet along Lot 1 of Maiono Meadows; 9e. Thence along Lot 3of waiono Meadows, on a curve to the11rightwitharadiusof200.00 feet, the chord azimuth and distance being:1 99' 21' 00" 207 .41 feet; 99. 130' 35' 100.00 feet along Lot 1 of Maiono Meadows; 4 100. Thence along Lot 1 of Maiono Meadows, on a curve to the left 1 i with a radius of 60.00 feet. the chord azimuth and distance being: 109' 52' 00" 59 .20 feet, I 1 101 . e7' 09' 190.00 feet along Lot 1 of waiono Meadows, 102 . Thence along cat 1 of waiono Meadows, on a curve to the left with a radius of 120.00 feet. the chord azimuth and distance being: 4 71' 52' 00' 61.26 feet; 103 . 56. 35' 335.00 feet along Lot 1 of Malone Meadows, 1 104 . Thence along Lot 1 of Maiono Meadows, on a curve to the right with a radius of 390.00 feet, the chord azimuth and distance being: 76' 14' 00" 263.15 fest. 1 i to the point of beginning and containing an area of 16.252 Acres. more, or less1 1 1 y Being the same land(s) conveyed to HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership, by Limited Warranty Deed dated acknowledged May 14, 1997 and June 4, 1997), recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 97-076517. s I I14 i i i i 1u 1 f.i i Y i1 t i Exhibit "A" -- page 10 t i 1 SUBJECT, HOWEVER, to the following: 1 . Unpaid real property taxes, if any. 2 . Reservation in favor of the State of Hawaii of all mineral and metallic mines . 3. Easement "4" , referred to as (A) , Easement "5" , referred to as (B) , and Easement "6", referred to as (C) for drainage purposes as shown on map by Russell Figueiroa, Registered Professional Surveyor with R. M. Towill Corporation dated January 19, 1987, being more particularly described as follows : A) EASEMENT 4 Beginning at the northeast corner of this easement, on the west boundary of Lot 8 of Waiono Meadows , the coordinates of said point of beginning referred to government Survey Triangulation Station "KEARUOLU R.M. NO. l" being 7,893 . 59 feet south and 33,016 . 11 feet east, and thence running by azimuths measured clockwise from true south: 1. 336° 39 ' 302. 54 feet along Lot 8 of Waiono Meadows; 2. 46° 38'67. 59 feet; 3. 99° 06' 107. 00 feet; 4. 69° 42' 613.06 feet; 5. 92° 57' 613.32 feet; 6. Thence along Lot 11 ( roadway) of Waiono Meadows, on a curve to the left with a radius of 340.00 feet, the chord azimuth and Exhibit "A" -- Page 11 a x t 1 i distance being: 120° 00 '00"163.55 feet; 7. 106° 05 ' 125 .94 feet along Lot 11 roadway) of Waiono Meadows; 8. 113° 57 ' 102.61 feet; 9. 82° 27 ' 123.70 feet;i 10. 177° 19 ' 209.49 feet along Lot 3 of Waiono Meadows; s 11. 262° 06' 519. 44 feet; 1 1 12. 295° 19' 183.00 feet;1 13. 249° 16' 617.00 feet;1 14. 279° 19' 460.31 feet to the point of k beginning and containing an area of 15.878 acres, more or less. i B) EASEMENT 5 Beginning at the southeast corner of this easement, on the west boundary of Lot 8 of Waiono Meadows, t the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAHUOLU R.M. NO. k 1" being 6,878. 48 feet south and 32, 577.88 feet east, and t thence running by azimuths measured clockwise from true south:r 1 . 58° 26 ' 1166. 30 feet; t 2. 36° 39 '466.00 feet; i 3. 77° 30' 9.09 feet; 4. 177° 19 '648.57 feet along Lot 3 of Waiono Meadows; t f 5. 238° 14 ' 1352.48 feet; 6. 336° 39'406.83 feet along Lot 8 of Waiono Meadows to the I point of beginning and I Exhibit "A" -- Page 12 containing an area of 13.872 acres, more or less. C) EASEMENT 6 Beginning at the northeast corner of this easement, also being the northwest corner of Lot 8 of Waiono Meadows, the coordinates of said point of beginning referred to Government Survey Triangulation Station KEAHUOLU R.M. NO. 1" being 5,667 . 19 feet south and 32,054.96 feet east, and thence running by azimuths measured clockwise from true south: 1. 336° 39 ' 428.21 feet along Lot 8 of Waiono Meadows; 2. 85° 12' 242.62 feet; 3. 116° 22 ' 340.75 feet; 4. 235° 12'56"459.45 feet along R.P. 1669, L.C.Aw. 8516-B to M. Kamaikui to the point of beginning and containing an area of 2.705 acres, more or less. 4 . Grant in favor of PALANI RANCH COMPANY, INC. , a Hawaii corporation, "Palani Ranch" , and JAMES MALLABY GREENWELL, husband of Martha Lowrey Greenwell, LEONARD RADCLIFFE GREENWELL, husband of Patricia Gilman Greenwell , and ROBERT FRANCIS GREENWELL, husband of Alice Bevins Greenwell , Greenwells" , dated January 31, 1969, recorded in Liber 6424 at Page 249; granting an easement for cattle crossing purposes upon, over, through and across those two cattle crossing routes heretofore and currently used by Palani Ranch and Greenwells, said easement areas to be of sufficient width, along each route, to reasonably permit cattle to be driven across and along the same, together with the right of ingress to and egress from the easement areas over the land adjacent thereto, as necessary for the use by Palani Ranch and the Greenwells of said easement . Exhibit "A" -- Page 13 5. A nonexclusive 80-foot wide right-of-way and easement infavorof (3) 7-6-001-002, for road and utility purposes on a course which follows the alignment of the existing unimproved jeep road, said easement to be substituted within three (3) years from the date hereof, as granted in deed dated March 18, 1980, recorded in Liber 14588 at Page 768; subject to the terms and conditions set forth therein. LETTER AGREEMENT dated January, 6, 1983; re: extension of said three-year period for an additional two years until March 18, 1985, mentioned in and appurtenant to the following four extension instruments. NOTICE OF EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated May 29, 1984, recorded in Liber 17936 at Page 466; re: extension of said period to March 18, 1985 . EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated June 5, 1986, recorded in Liber 19663 at Page 502; re: extension of said period March 31, 1987 . THIRD EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1987 , recorded in Liber 20702 at Page 367 ; re: extension of said period to March 31, 1988 . FOURTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1988 , recorded in Liber 21800 at Page 168 ; re: extension of said period to March 31 , 1989 . FIFTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1989 , recorded as Document No. 91-043841 ; re: extension of said period to March 31 , 1992 . SIXTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1992, recorded as Document No. 93-011198 ; re: extension of said period to March 31, 1993 . SEVENTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1993, recorded as Document No. 93-057300; re: extension of said period to March 31, 1994 . EIGHTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated April 25, 1994 , recorded as Document No. 94-077180; re: extension of said period to March 31, 1995 . NINTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated February 28, 1995, recorded as Document No. 95-060330; re: period for designating the substitute easement shall be postponed subject to call by either party delivering to the other party a written request ( the Exhibit "A" -- Page 14 i F I W i i 1 7 Designation Request") that the easement be designated g nation period of one year . Deliveryof the Desi jwithina Request shall automatically establish a new deadline (oneyearafterthedateofdelivery) for completing thedesignationofthesubstituteeasementincompliance withthedesignationofeasementprovision. 1 6. The terms and provisions, including the failure to complyawithanycovenants, conditions and reservations, contained 1 in the following: INSTRUMENT : DECLARATION t DATED March 23, 1987 RECORDED : Liber 20769 Page 554 Said Declaration was amended by instrument dated ---tacknowledgedMay14, 1997 ) , recorded as 97-064856 1 17 . PURCHASE MONEY MORTGAGE, SECURITY AGREEMENT AND FINANCING tSTATEMENT i t MORTGAGOR : HAWAII GREENER PASTURES PARTNERSHIP, a Hawaiigeneralpartnership t t MORTGAGEE : WAIONO MEADOWS RANCH, LTD. , a California t limited partnership DATED acknowledged May 14, 1997 and June 4,1997) RECORDED : Document No. 97-076518 AMOUNT 450,000.00 i. g t 8 . Any lien (or claim of lien) for services, labor or material karisingfromanimprovementorworkrelatedtothelanddescribedinScheduleCherein. t t Exhibit "A" -- Page 15 4 i,,t;tYt-;•,,,-;, -.,--•,, t-T111), t;:tt,'•;.•;.,-••-•:'•,, t't.-::t...•.:-;.t.'t....,: trtt-t-t.:',',•;::-•-•:',„;-.',:-- tt.-itt.;•-•••- tt. -„•<.--:. t.-=_tt.',--,,,•1-::::7..„-..„.•„ t i ttf.','tt;t,'t'tt ."Ht.ttt•-.1-..,ttt•t.t.t..•:. 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'' '. -„.± ', ;±,± ,- ...' ±- ±±,,,±, 7,±,±,. ..,...,,,,..4,,4";.p:%,,,2Z,12•e•.A.,-.:M7:i,'ii. ,,,,,,,l,::-;,.1,,,`?,'.,-,r,',.,,,..,•"•.''' .-'',' ''•''' ' 't,,.?.''',4;i!,,,,?-1,,,,,., i 1 I 7° 1'411 ' 11')U.Stitlf t FARMS SHOP ABOUT VIS IT US V.I I i I Ea 113 13 @ ai t ILI.I 2±7;?0 / Silt.DESIGN I Thi± 1;0!;40±T±±1`45&PP!'ll,CY POL!;;;± 1-, 1 2 E 1 httPs://www.sunshowerooffee.comicalenciat 9/8/20 :23 PM Page 2 of 2 it DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 3, 2020 i 1 9 3 TO: Michael Yee, Planning Director I FROM: Department of Public Works, Engineering Division !.A . 1 t 1 iSUBJECT: Special Permit Application (SPP-20-000218) Applicant: Douglas & Katheryn HickeyRequest: To Legitimize the Establishment of a Venue for Weddings and Similar Gatherings I TMK: 3) 7-6-002:028:0001 We have re-reviewed the subject request forwarded by your memo dated July 15, 2020 i zandourupdatedcommentsareasfollows:i t i1. Mamalahoa Highway, where Waiono Ranch Road intersects, is a County owned x and maintained highway. Waiono Ranch Road at the intersection of Mamalahoa I Highway shall be improved to accommodate two-lanes of traffic for safe ingress I and egress from the highway. Waiono Ranch Road shall be improved as follows: Waiono Ranch Road shall be twenty feet wide for a distance of 50 feet from the edge of pavement on Mamalahoa Highway and have a minimum of four foot aprons at the connection with Mamalahoa Highway (minimum 28 feet width at the 1connectionwithMamalahoaHighway). All improvements within the County Right-of-Way, including the improved intersection, shall conform to Chapter 22— CountyStreets —of the Hawaii County Code. i 2. Applicant to verify sight distance at the intersection of Waiono Ranch Road andMamalahoaHighwayandshallmaintainanyvegetationasnecessarytoobtain i5} minimum sight distance per AASHTO Standards. 3. All development-generated runoff shall be disposed of on site and not directedtowardanyadjacentproperties. A drainage plan may be required by the PlanApprovalprocessinaccordancewithSection25-2-72(3) of the Hawaii County 5Code. 4. Construction activities shall conform to Chapter 10 — Erosion and SedimentControl — of the Hawaii County Code. tr Planning Dept. Cuunt%of}auaii is an Equal(>pportunits Pros der and EntploserExhibit t I Should there be any questions concerning this matter, please feel free to contact KyleHondaofourKonaEngineeringDivisionofficeat323-4854. KH Copy: ENG-HILO/KONA i a S i 144i i 1 3 I I 1 Ct f b i f F t r 5 ig i i r t t f i 1 I a G F D t ti tl 1 County of Fiatcaii is an Equal Opportunity Provider and Employer a 1 ie z otaeragsAwb u u x J DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 0.v; 0.345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 July 23. 2020 COH PLANNING DEPT JUL 24 2020 FH2:39 RECD HAND DELIVERED TO: Mr. Michael Yee. Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer l i SUBJECT: Special Permit Application (SPP 20-000218) Applicant—Douglas and Katheryn Hickey x Request—To Legitimize the Establishment of a Venue for Weddings and Similar Gatherings I Tax Map Key 7-6-002:028 1 I We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities.I x Therefore, the Department's existing water system facilities cannot support the proposed development 1 at this time. Extensive improvements and additions, which may include. but not be limited to. source,n storage. booster pumps, transmission, and distribution facilities, would be required. i Should there be any questions, please contact Mr. 'Troy Samura of our Water Resources and Planning b' Branch at 961-8070. extension 255. P 1 Sincerely yours.i 1 x f r IOW WV*iKeithK. Okamoto, P.E. f Manager—Chief Engineer f 1 is: TS:dt'g I copy — Mr. Douglas and Ms. Katheryn Mickey 134720 i Planning Dept. Pi"ater, Our Most Precious esource. . . 7(a 4Nai A Rine. . . Exhibitf g The Department of Water Supply is an Equal Opportunity provider and employer. 1 Harry Kim T'' '''.'. '•«r4Darren J. Rosario Fire chief j3faior Roy Takemoto Robert R.K. Perreira Deputy Fire ChieftilnnngingMercian. e _ _ I i a..'r". i 4 1 1 County of atiat`i r HAWAPI FIRE DEPARTMENT COHPLANNING DEP:1 25:lupuni Street•Suite 2501•Hilo,Haiai'i 96720 Al0 P 1.0 2020 F,2 808)932-2900•Fax(808)932-2928 RECD BY EMAIL 1 August 10,2020 1 1 g TO: MICHAEL YEE, PLANNING DIRECTOR FROM:DARREN J. ROSARIO, FIRE CHIEF 1 I SUBJECT: Application: Special Permit Application(SPP-20-000218) Applicant: Douglas & Katheryn Hickey t Request:To Legitimize the Establishment of a Venue for Weddings and Similar Gatherings Tax Map Key: (3)7-6-002:028:0001 g In regards to the above-mentioned application request,the following shall be in accordance: 1 t i NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: flutrai`i Stale Fire ('ode, National Fire Protection.4ssocicrtintt 2006 version, with ('cant' of llntitcli'i amendments. Cowin'amendments are identified with a preceding "( ofthe Iirclererrce cock. i I t Chapter 18 Fire Department Access and Water Supply I 1 18.1 General. Fire department access and water supplies shall comply with this chapter.I tFor occupancies of an especially hazardous nature, or where special hazards exist in addition toII the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, i more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. ii18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. I 461-, 01 Planning Dept. lir' 13509H..,t innihj,.ui E.r+ud i)pr*nrterlity Pmridrr andt rrtptnyrr. 1 Exhibit Michael Yee, Planning Director August 10, 2020 Page 2 18.1.1.2 Fire Hydrant Systems. Plans and specifications for lire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. 'Elle owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds. agricultural buildings, and detached buildings or structures 400ft2 (37 rn2)or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. i 1 Michael Yee, Planning Director 4 August 10,2020 Page 3 i i f 18.2.3.1.4 When tire department access roads cannot be installed due to location on property, I topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. i 18.2.3.2 Access to Building. 3 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 in)of at least one I exterior door that can be opened from the outside that provides access to the interior of the 1 building. Exception: 1 and 2 single-family dwellings. 1 i 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. t t 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft 46 in) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler h system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R,the distance in t 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle 1 congestion, condition of terrain, climatic conditions, or other factors that could limit access. 1 t 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. E r C-- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved t i turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 1 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such i increase or reduction does not impair access by the tire apparatus, and approved signs are 1 installed and maintained indicating such approved changes. w f 5 i i 1 3 E A 1 x 3S 4 j f I Michael Yee, Planning Director 1 August 10,2020 Page 4 1 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not 1 adequate to accommodate fire apparatus. 1 i C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons)of the fire apparatus. Such FDAR and shall I be comprised of an all-weather driving surface.1 18.2.3.4.3 Turning Radius.1 C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. t 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. w 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. i 1 18.2.3.4.5.1 When a bridge is required to be used as part of a lire department access road, it shall f a be constructed and maintained in accordance with county requirements. f 18.2.3.4.5.2 The bridge shall he designed for a live load sufficient to carry the imposed loads of fire apparatus. f f 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. c i C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. s k 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire 1 apparatus of the fire department,and shall be subject to approval by the AEU. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane.l F a' i d4 1 1 1 l Michael Yee, Planning Director 1 August 10, 2020 CPage7 1 I r 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall betapprovedtheAHJ. 18.2.3.5 Marking of Fire Apparatus Access Road.l 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be Y provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 1 xr 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. i 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 1 1 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any 1 manner, including by the parking of vehicles. i 18.2,4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. N ii Facilities and structures shall be maintained in a manner that does not impair or t i impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and 4 barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. a1 18.2.4.2 Closure of Accessways. I 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. i 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the l manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the x owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. f 4 1 i l i 4! i 4 6 1 i 3 Michael Yee, Planning Director August 10, 2020 Page 6 1 18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs. tags,or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner.1 i 18.3 Water Supplies and Fire Hydrants 11 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for i fire protection shall be provided to all premises upon which facilities or buildings, or portions t thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a Fire apparatus g 4 access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. 1 1 I EXCEPTIONS: i1, I, When facilities or buildings,or portions thereof, are completely protected with an 1approvedautomaticfiresprinklersystemtheprovisionsofsection18.3.I may be modified by the AID.t 2. When water supply requirements cannot be installed due to topography or other i i conditions, the AHJ may require additional fire protection as specified in section 18.3.2 i i as amended in the code. 1 1 1 3. When there are not more than two dwellings, or two private garage, carports, sheds and k i agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. I. 6 f 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, ti pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable o i 1 of providing the required fire flow shall be permitted i i 6 I 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of i. i 1 1 delivering the required fire flow shall be provided on a fire apparatus access road on the site of 1 it i the premises or both, in accordance with the appropriate county water requirements.1 i 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the 1 I fire department. r It 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 g I or county requirements as determined by the AHJ. 1i 1 t 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected i unless located within a public right of way. I t I,i I tiI g I I i 1 1 11. g A 3 t d Michael Yee, Planning Director August 10,2020 Page 7 18.3.7 The Alit shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AH1 upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet. shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- 6)of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. S i 3 I 1 A i 3 I 3 i 1 i 3 133 i i 3 Michael Yee, Planning Director 1 I August 10, 2020 I i Pace 8 1 1 3) The Fire Department Connection (FDC) shall: l 4 a) he made of galvanized steel; 1 5 b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; 1 i c) be located between 8 ft and 16 ft from the Fire department access. The location shall be t approved by the AHJ; cl) not be located less than 24 inches, and no higher than 36 inches from finish grade, as i t 1 1 measured from the center of the FDC orifice; i 1 I1e) be secure and capable of withstanding drafting operations. Engineered stamped plans 1 may be required; i 0 not be located more than 150 feet of the most remote part, but not less than 20 feet, of the i structure being protected; i g) also comply with section 13.1.3 and 18.13.4.6.1 of this code. ki 3 1 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second 1 FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing i 1 500gpm by engineered design standards. The second FDC shall be located in an areaiapprovedbytheAHJwiththeideaofmultipleFireapparatus'conducting drafting operations i i at once, in mind. 1ii 5) Inspection and maintenance shall be in accordance to NFPA 25. i i 1 6) The owner or lessee of the property shall be responsible for maintaining the water level,1 quality, and appurtenances of the system. g 1 EXCEPTIONS TO SECTION 18.3.8:I i 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipmentistorage. 1 1 t 3 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. i i l 1 I 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached i garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access I Road requirements, the distance to the Fire Department Connection may be increased to 1000 I 1 feet. i t i t li4) For one and two family dwellings, agricultural buildings, and storage sheds greater than l 2000square feet, but less than 3000 square feet and meets the minimum Fire Department 1 I Access Road requirements, the distance to the Fire Department Connection may be increased 1 1 tto500feet. l t l E 1 1 1 1, I i i t t I i Michael Yee, Planning Director 1 August 10,2020 Page 9 r R I 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. l i 1 If there are any questions regarding these requirements, please contact Deputy Fire Chief Robert Perreira at(808)932-2902. k d_Of DARREN J. ROSARIO t' Fire Chief RP:nac 1 f i I 1 1 i f I I 1 1 x 1 t is 1 1 1 t. f x iC 1 I i 3 1 I 1 St WOE 0(1'.F HAl RPERSII 1 DAVIO Y.IGE RII.%RD OF LAND SND V\TLR.St,PESO(Rt ES cO:ER R r nnwau 0515150(50555 ATER RES(IE RI'F N.\V A(:E\1E V 1 c c k yyyp sft i I STATE OF HAWAII 1 'ir, i s 1 DEPARTMENT OF LAND AND ISATURAI,RESOURCES i J _ LAND DIVISION 1 1'OSi OFFICE BOX 6221 g t HONOLULU,HAWAII 9h809 1 August 12, 2020 F t i County of Hawaii i k Planning Department i 1 Attn: Ms. Maija Jackson via email: planning@hawaiicounty.gov i= 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 t. Dear Ms. Jackson: t SUBJECT: Special Permit Application (SPP 20-000218)—Request to Legitimize the 11EstablishmentofaVenueforWeddingsandSimilarGatheringslocatedat 76-1297 Waiono Ranch Road, Holualoa, North Kona, Island of Hawaii; t. TMK: (3) 7-6-002:028:0001 on behalf of Douglas & Katheryn Hickey Thank you for the opportunity to review and comment on the subject matter. The Land i Division of the Department of Land and Natural Resources (DLNR) distributed or made E available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. f At this time, enclosed are comments from the (a) Engineering Division, and (b) Land C Division-Hawaii District on the subject matter. Should you have any questions, please feel free p. to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamurahawaii.qov. Thank you. I Y f Sincerely, 1 Russell Tsuji 1 1 iRussell Y. Tsuji Land Administrator Enclosures cc: Central Files i t j I Planning Dept. I x Exh bi 135156 r I I St PANNE D.(ASE 4 CHAIRPERSON DAVID Y.IDE BOARD OF LAPD AND NATL'KU.RE50l ROES GGVERkOR OF HAWAII OSINIISSION ON V.{TER RESOI III ; j MANAGEMENT 3 r__,,o n,-"}A,,e STATE OF HAWAII DEPARTMENT OF 1.:%1):A\1)NATCR:tI.RESOURCES LAND DIVISION 1 POS I Ok FICII3 BOX b2I 1 IION1IR.(VII.AI,VAII 9b "9 1 I 33 July 17, 2020 MEMORANDUM FROM: TNE3. DLNR Agencies: j Div, of Aquatic Resources s i Div. of Boating &Ocean Recreation E 4 X Engineering Division (DLNR.ENGRCa hawaii.gov) X Div. of Forestry&Wildlife (rubvrosa.t.terrago ..hawaii.gov.) Div.of State Parks X Commission on Water Resource Management(DLNR.CWRMhawaii.ciov) Office of Conservation &Coastal Lands i X Land Division-Hawaii District(gordon.c.heitc hawaii.gov) X Historic Preservation (DLNR.Intake.SHPDAhawaii.gov)i TO: Russell Tsuji f4R0440.Russell Y. Tsuji, Land Administrator I SUBJECT: Special Permit Application (SPP 20-000218)-Request to Legitimize the I I Establishment of a Venue for Weddings and Similar Gatherings I LOCATION: 76-1297 Waiono Ranch Road, Holualoa, North Kona, Island of Hawaii; f t TMK: (3) 7-6-002:028:0001 I APPLICANT:County of Hawaii on behalf of Douglas & Katheryn Hickey Transmitted for your review and comment is information on the above-referenced Y subject matter. Please submit comments by August 11, 2020. 1 If no response is received by the above date, we will assume your agency has no i comments. Should you have any questions about this request, please contact Darlene I Nakamura at darlene.k.nakamura a('?.hawaii.gov. Thank you.F t v We have no objections. We have no comments. I i J ) Comments are attached. 1 i Signed: Print Name: Carty S. hang, Chief Engineer Division: Engineering Division Date: Aug 4,2020 Attachments t cc: Central Files 1 igt i 1 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION j LD/Russell Y.Tsuji Ref: Special Permit Application (SPP 20-000218)—Request to Legitimize the j Establishment of a Venue for Weddings and Similar Gatherings TMK(s): (3)7-6-002:0213:0001 1 Location: 76-1297 Waiono Ranch Road, Holualoa, North Kona, Island of Hawaii Applicant: County of Hawaii on behalf of Douglas & Katheryn Hickey i COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the 1 minimum standards as set forth by the NFIP, Local community flood ordinances may 1 stipulate higher standards that can be more restrictive and would take precedence over the 0 minimum NF1P standards. 1 1 11Theowneroftheprojectpropertyand/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Ilazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM). which can be viewed on our Flood t Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). 1 If there are questions regarding the local flood ordinances, please contact the applicable z County NFIP coordinating agency below: i E o Oahu: City and County of Honolulu, Department of Planning and Permitting 0 1 808) 768-8098. 1 o Hawaii Island: County of Hawaii. Department of Public Works(808) 961-8327.t 1 o Maui/Molokai/Lanai County of Maui. Department of Planning (808) 270-7253.r f o Kauai: County of Kauai, Department of Public Works(808) 241-4896. t 1, d Signed:6 CARTY S. CHANG,CHIEF ENGINEER i Date: Aug 4,2020 i 3 4:Y t 1 4 1 t 4ii I St SANK 0.CASE DAVID Y.IOC CHAIRKRSON CS ER.V^fl QCIOWA. BOARD Of LAND AND NATURAL RESOI%RCVS CONAOSSION ON WATT II RCSOUR1 y,x ey. MAMA GCAI[M N . STATE OF HAWAII 4;7'000 DEPARTMENT OF LAND AND NATURAL RESOI RCES LAND DIVISION 1 POST OFFICE BOX 621 HONOLULU,HAWAII 96809 I July 17,2020 i i MEMORANDUM v TO: DLNR Agencies: Div. of Aquatic Resources Div. of Boating&Ocean Recreation XEngineerirtg Division(DLNR,5NGRet awaii.gov) X Div.of Forestry&Wildlife(rubvrosa.t.terr'ago hawaii.Qov) 4 Div. of State Parks X Commission on Water Resource Management(DLNR,CWRM rt hawaii.aov) Office of Conservation&Coastal Lands Land Division Hawaii District(oordon.c.heitejhewaii.gov) X Historic Preservation(DLNR.Intake.SHPDehawaii.00v) FROM: Russell Y. Tsuji, Land AdministratorRussellTsuji SUBJECT: Special Permit Application (SPP 20-000218)—Request to Legitimize the Establishment of a Venue for Weddings and Similar Gatherings LOCATION: 76-1297 Waiono Ranch Road, Holualoa, North Kona, Island of Hawaii: TMK: (3)7-6-002:028:0001 i APPLICANT: County of Hawaii on behalf of Douglas& Katheryn Hickey s i Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by August 11, 2020. If no response is received by the above date, we will assume your agency has no I comments. Should you have any questions about this request, please contact Darlene i Nakamura at darlene.k.nakamuraCclthawaii.gov_ Thank you. have no objections. We have no comments. Comments are attached. Signed:4(7 I Print Name: ab.G.r l, Division: a...ry . f Date: Sy//2,Iv a' Attachments cc: Central Files 1. i I j'. x I i 55 i t tEtAikF9 Rpt h L P..h1 1RMM,i t 1`41,Ahl,4111 It V R1,;111U FS 11. DAN ID 1.IGE lq yg'-...45-,IIIII,N h,l,WhAl+EN V Rt l lb'hd-Hl}YI tx0VVRNOKOF R\44 All I 1 RORFRYk MASIn% ISP*I tM 7.t} I i a I yflO I NI El q 4 ., IIN'Il'IipSl 1 P w111M 3i r- 1.4\IR ICI, 4,Is IIW \SIY M I L RH XI,,IRM 1 I x1 AI q l 11'le 1 y ' T II•,IhR4n. SW\Ilk kl. VI.i M11.1.1i.8N! IR VI VLW Ltlll i k 11 \Wl'RI 1511 1),4CINO I S'C 1"1'l(:OF HAWAII 11RG. 1,10tRL4tl,41,.11 IN.LI DEPARTMENT OF LAND AND NATURAL RESOURCES 111 I RI fill 1R\\1N. r+r1,,H-, Ry1k,111411St NM,Nl.1 R11 t,ALnta&,f STA IT HISTORIC PRESESRVAI ION DIVISION IA1V1`' 1, KAKUIIIIIEWA BUILDING i 6011 KAMOKILA BLVD,STE 555 I 5I 55 KAPOLEI,HAWAII 96707 July 28,2020 IN REPLY REFER TO: i'] MMichael Yee,Planning Director Log No. 2020.01643 County of Hawaii IDoc.No. 2007JG40 t 101 Pauahi Street,Suite 3 Archaeology t i Hilo,111 96720 r planningahawaiicaunty.Qov COH PLANNINGdG LT[ G lr Dear Mr.Yee: f.[ R''.."D Y Mcrt- SUBJECT: Chapter 6E-42 Historic Preservation Review County of Hawaii Special Permit Application for Douglas and Katherine Hickey t 1 SPP 20-000218) I Holualoa 1-2 Ahupua`a,North Kona District,Island of tlawai'i f TN1K:(3)7-6-002:028:0001 tThis letter provides the State Historic Preservation Division's(SHPD's) review of the subject application received by our office on July 15,2020. The submittal included a SIIPD[IRS 6E Submittal Form, a'FMK map of the subject a' j parcel, a copy of a completed special permit application, a County Background and Environmental Report, a t Declaration of Condominium Property Regime(CPR)for the Greener Pastures Condominium Project,a copy of the t By-Laws of the Association of Condominium Owners of the Greener Pastures Condominium Project,a certificate of taxclearance from the Hawaii County Real Property Tax Office, correspondence (tendo Kern [Kern and t Associates] and Michael Yee [County of Hawaii Planning Department]; Maija Jackson [County of Hawaii] and t Zendo Kern [Kern and Associates]; Alan H. Tuhy [Law Offices of Alan H. Tuhy] and Pamela Parker Parker/Kabumoto LLC]; George Yasuda and Michael Vitousek [SHPD]); and numerous correspondence letters in 1. support of the project. I Project Description The applicants. Douglas and Katherine Hickey (landowners), are requesting approval of County of Hawaii Special I Permit Application to allow for the use of 2.25 acres to construct a 3,500-sq-ft. wedding venue and to hold wedding 1 and similar gatherings on the subject parcel. The applicants indicate that the proposed project will take place on a j 2.25-acre portion of the 20-acre CPR unit parcel which is part of a larger 80-acre parcel. i 5 Findings t t 8 k The I-IRS 6E submittal indicates that a 12-acre portion of the subject parcel has been previously impacted by grading 3 activities. The County Background and Environmental Report that was included in the submittal indicates that the project area was inspected by SIIPD staff member Michael Vitousek 2013 and that no historic properties were identified as a result. The report also indicates that the a 12-acre portion of the 20-acre C'PR parcel was subsequently subject to grading activities including the current project area. 1 A review of our records indicated that no archaeological inventory survey (AIS) has been conducted within the subject parcel. However,a letter dated April 3. 2013 (Log No. 2013. 2035; Doc.No. 1304MV01)confirms that the 1 parcel was subject to a field visit conducted by SHPD staff member Michael Vitousek. The letter also indicates that no historic properties were identified as a result of the field visit and that it was apparent that the subject parcel was t previously impacted by mass grubbing activities. Further, aerial imagery also indicates that the subject parcel has I been impacted by ground-disturbing activity associated with the general development of the property for domestic IIand agriculture use.Thus,it is unlikely that historic properties remain intact within this project area. 1; txPlanningDep;. 13 4 6 fEqIExhibit Mr.Yee July 28.2020 Page 2 Determination 4 Based on the information provided SIIPD's determination is no historic properties affected for the current project. Pursuant to MAR§13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended.The permit issuance process may proceed. Please attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, 1 structural remains,cultural deposits,artifacts,sand deposits,or sink holes are identified during the demolition and'or construction work,cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division,at(808)933-7651. s Please contact Joshua Gastilo at (808) 933-7669 or at Joshua.gastilo4;hawaii.gov for any questions or concerns regarding this letter.i i tAloha, r OM aweet Alan S. Downer,PhD rz Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: County of Hawaii Public Works,public works(a hawaiicounty.gov Kimberly Sakai,Kimberly.Sakai@hawaiicounty.gov f Maija Jackson,Maiia.Jackson(rhawaiicounty.gov Jeff Darrow,Jeff.Darrow;ahawaiicountv.gov Melissa Dacayanan,Melissa.Dacayanan(ahawaiicounty.i ov endo Kern, info@zendokern.com p a 1 4 s` fi li a P a i i t F i r, i 1 f a," t. s tr P k t I i St LA%NE.0.(.1SF H.tIRPERSOS DAVID Y.IGE Rt o111 OF LAND AND\:11TR1L RE.SOL lit ES GO`:cftrOR OF HAWAII OStMISS1OS ON H 7ER RENO(0(F, St55.tGF51(51' c l STATE OF HAWAII DEPARTMENT OF LAND AND\ATI.RAI.RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOI.LI.I',HAWAII 968119 j August 13, 2020 County of Hawaii Planning Department Attn: Ms. Maija Jackson via email: planninq(a?hawaiicounty.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Jackson: i SUBJECT: Special Permit Application (SPP 20-000218)— Request to Legitimize the 1. Establishment of a Venue for Weddings and Similar Gatherings located at 1 76-1297 Waiono Ranch Road, Holualoa, North Kona, Island of Hawaii; TMK: (3) 7-6-002:028:0001 on behalf of Douglas & Katheryn Hickey i Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated August 12, 2020, enclosed are comments from the Division of 1 Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to 1 i contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(c hawaii.gov. Thank you. il Sincerely, 11RussellTsuji Russell Y. Tsuji I Land Administrator t- Enclosures cc: Central Files I i1 is I 1 i t f{' S 1 Planning Dept.I Exhibit, /0 i 35186 1 Ti. i ai SI 7AMIE D CASE ClIAIRPERSON DAVID Y.1GE BOARD OF LAND AMU NAT(RAL RESOI.RCES GOVERNOR OF HAWAII COM'IISSION ON WATER RESOI RCE 4IA'ACEMENT t-.?'.:'77, STATE OF HAWAII DEPAR"L\IEN! OF I.%ND AND NATURAL S i LAND DO IMO'S POST OFFICE.BOX 621 IIONOLULLI,HAWAII 968U9 j 1 E July 17, 2020 i MEMORANDUM 1 TO: DLNR Agencies: 1 Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(a.hawaii.00v) 1 X Div. of Forestry &Wildlife (rubyrosa.t.terrago(a hawaii.gov) Div.of State Parks X Commission on Water Resource Management(DLNR.CWRM(a hawaii.gov) 1 Office of Conservation &Coastal Lands I X Land Division—Hawaii District (oordon.c.heit@hawaii.00v) I X Historic Preservation (DLNR.Intake.SHPD@hawaii.gov)I Russell Tsuji FROM:Russell Y. Tsuji, Land Administrator a SUBJECT: Special Permit Application (SPP 20-000218)—Request to Legitimize the i Establishment of a Venue for Weddings and Similar Gatherings LOCATION: 76-1297 Waiono Ranch Road, Holualoa, North Kona, Island of Hawaii; TMK: (3)7-6-002:028:0001 APPLICANT:County of Hawaii on behalf of Douglas & Katheryn Hickey j Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by August 11,2020. f If no response is received by the above date, we will assume your agency has no a comments. Should you have any questions about this request. please contact Darlene Nakamura at darlene.k.nakamura anhawaii.gov. Thank you. I We have no objections. We have no comments. Comments are attached. i Signed: L Print Name: DAVID G. SMITH, Administrator i Division: Forestry and Wildlife 5 Date: Aug 12,2020 t I Attachments 1. 1 cc: Central Files Ir f i I. t St 7.A\VE D CASE. DAVID IGE tf+^"$ 4h.a t., Ii ' Ill a, .P, 1.> Afl g s-<:....,,f!.11 .'halkNH n Ali \: f.k,Yl F ,•. S 0i RO6ERI IA'.RSI'DA 1,i,f t 1 v--::V4 !Jr At KALE()AIAM LLL t 7 s. f•s i, may' r:i u> a r, STATE OF HAWAII DLPAR I MLN F OF LAND AND NA I t'RAI.RFSOH'Rc ES DIVISION 01=FORESTRY AND WI11)110 1,ft,xCi AN,VII,t'l<a: 1151 PUNCHBOWL Si REFI ROOM 325 IC ^i A-rl re xcs:kt:.. i.0at m HONOLULU,HAWAII 96SI3 August 12, 2020 MEMORANDUM Log no. 2725 TO: RUSSELL Y.TSUJI. Administrator r Land Division FROM:DAVID G. SMITH, Administrator 3 Division of Forestry and Wildlife i SUBJECT: Division of Forestry and Wildlife Comments for a Special Permit Application to Legitimize the Establishment of a Venue for Weddings and Similar Gatherings j The Department of Land and Natural Resources. Division of Forestr) and Wildlife(DOFAW) has 1 received your inquiry regarding the Special Permit Application to legitimize the establishment of j' a venue for weddings and similar gatherings in Holualoa on the island of Hawai`i, Hawai`i. TMK: 3) 7-6-002:028:0001. The construction component of this proposed project consists of building a new 3.500 square foot event venue on undeveloped pasture land. The State listed Hawaiian Hawk or'lo(Butco solthirius) is known to occur in the project vicinity. J DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees ttI are to be cut. 'Io nests might be present during the breeding season from March to September. l The State listed Hawaiian Hoary Bat or 'Ope'ape`a (Lasiurus cinercus semotus) has the potential i to occur in the vicinity of the project area and may roost in nearby trees. If any site clearing is required this should be timed to avoid disturbance during the bat birthing and pup rearing season 4 June 1 through September 15). if this cannot be avoided, woody plants greater than 15 feet(4.6 I meters)tall should not be disturbed, removed, or trimmed without consulting DOFAW.t To prevent the spread of Rapid 'Ohi'a Death (ROD), if `ohi`a trees are present and will be 1 removed. trimmed, or potentially injured DOFAW requests that the information and guidance at the following website be reviewed and followed: https:;/cros.ctahr.hawaii.eduirod. iI DOFAW recommends minimizing the movement of plant or soil material between worksites,such as in fill. Soil and plant material may contain invasive fungal pathogens(e.g. Rapid 'Ohi`a Death). vertebrate and invertebrate pests(e.g. Little Fire Ants), or invasive plant parts that could harm our t native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee at (808) 933-3340 in planning, design, and construction of the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive i' l i. j I 1 1 I 5 species. Gear that may contain soil.such as work boots and vehicles,should be thoroughly cleaned f with water and sprayed with 70% alcohol solution to prevent the spread of Rapid 'Ohi'a Death and other harmful fungal pathogens. DOFAW recommends using native plant species for landscaping that are appropriate for the area i.e.climate conditions are suitable for the plants to thrive.historically occurred there.etc.). Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project(haps:%'sites.goosle.comisitelweedriskassessment/home). We recommend that you refer to www.plantpono.org for guidance on selection and evaluation for landscaping plants. We note that artificial lighting can adversely impact seabirds that may pass through the area at night by causing disorientation. This disorientation can result in collision with manmade artifacts 1 or grounding of birds. For nighttime lighting that might be required, DOFAW recommends that I all lights be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season from September 15 through December 15. 3 This is the period when young seabirds take their maiden voyage to the open sea. For illustrations and guidance related to seabird-friendly light styles that also protect the dark. starry skies ofk1lawai'i please visit: https:/ldlnr.hawaii.eov/wildlifeifiles120I6/0/DOC4 9.pdf. i We appreciate your efforts to work with our office for the conservation of our native species. I x Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. si If you have any questions. please contact Lauren Taylor. Protected Species Habitat Conservation Planning Coordinator at(808) 587-0010 or lauren.tavlor<a hawaii.gov. I i E t 2 t f k i A I t- l ta' t 1 3 0 d 7 T 1 i I 1 i t osa ',N DAVID Y.IGE 47 '' NV\ OFFICE OF PLANNING GOVERNOR i MARY ALICE EVANS 1* -=-.1I,° i_ 1 STATE OF HAWAIIkN OFFICE OF PLANNING s; N' '3`:' -1 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone 808)587-2846 Mailing Address. P.O Box 2359,Honolulu,Hawaii 96804 Fax 808)587-2824 x Web hap;'planning.hawati.govw DTS 202007311438NA i i August 10, 2020 s x 1 I Mr. Michael Yee r 1 Director cO PLFIN ..MG DEPT f Planning Department v 9 1' 2020{ County of Hawaiit 101 Pauahi Street, Suite 3 R r r ' :Y E L Hilo, Hawaii 96720 t I Attn: Maija Jackson t Dear Mr. Yee: Subject: Special Permit Application (SPP 20-000218) F 1 Applicant: Douglas& Katheryn Hickey. t IRequest:Establishment of a Venue for Weddings and Similar Gatherings t Land Area: Approximately 2.25 Acres of a 20-acre Condominium Lot Location: Waiono Meadows, Holualoa, North Kona, Hawaii x TMK: 3) 7-6-002: 028: 001 I The Office of Planning(OP)has reviewed the above referenced Special Permit(SP) application to legitimize the establishment of a venue for weddings and other gatherings on the r I proposed site. No overnight accommodations are requested. However, the applicants wish to construct a new 3,500 square foot building for the proposed use. The applicants are proposing to t host weddings for a maximum of 125 persons with an average of 50 guests. The venue will be t open everyday from 9 am to 10:00 pm. Alcohol will be permitted but no food will be prepared onsite. Five parking spaces will be provided, plus one accessible parking space. Additional f t parking will be provided by a graveled parking area. Parking will be limited to 20 vehicles, with shuttle vans or buses required for larger parties. No amplified music allowed. The applicant will have three to five full time employees. The site contains an existing farm dwelling, agricultural storage building, water icatchment, two existing cesspools, and accessory water tank. The applicants are cultivating a coffee orchard on site. The subject 20- acre condominium lot is located directly off Waiono Ranch Road, approximately 1.4 miles east of the Mamalahoa Highway. According to the County Planning Department, the site is one of four condominium lots containing approximately 20-acres each. Three ofthe four lots contains a farm dwelling, including the subject property. i 1 The applicant is also applying for a Plan Approval application concurrently with this itSpecialPermitforagriculturaltourismoperationsinconjunction with the coffee orchard. Should i Planning Dep,.135092 if Exhibit, 11 i t t ti t Mr. Michael Yee August 10, 2020 z Page 2 the Special Permit be denied,the applicants are proposing to construct the same 3,500 square t foot structure for use as a coffee drying and tasting building instead. The proposed site contains lands designated as D by the Land Study Bureau. The application indicates that the County zoning is Agricultural A-20a. The application also 1 indicates that the site is designated as "Other- Important Agricultural Lands by the Agricultural Lands of Importance to the State of Hawaii (ALISH). The General Plan Land tJse Pattern Allocation map designates the parcel as Important Agricultural Lands. The site is not within the 1 1 Special Management Area. The site is surrounded on three sides by the State Agricultural Land j Use District. The northern side of the larger condominium lot is adjacent to the State Conservation Land Use District. l 1 The Office of Planning(OP) has the following comments and concerns. tt 1. Page 15 and 17. Archaeological Resources and Valued Cultural Resources. According to the application, construction will be limited to areas that have already been cleared. A grading permit was granted in February 2013. During this process a site visit was conducted ttby the State Historic Preservation Division(SHPD)who determined that no historic properties will be affected by the proposed grading. A letter by SHPD dated April 4, 2013 z indicated this, hut also provided that in the event that historic resources, including human 1 skeletal remains, structural remains, sand deposits, midden deposits, or lava tubes are identified during construction activities, the applicant should cease work in the immediate f vicinity of the find,protect the find from additional disturbance, and contact the SHPD. OP would recommend this be a condition of approval. t. The application indicates that the project is located about three miles to the shoreline. Also t according to the application it is unlikely that the site would have been used for gathering of plants by native Hawaiians. Thus, the application concludes that the proposed project would t not have any potential adverse impacts to cultural and historical resources of this area. i 2. Page 19. Traffic Impactst.The document indicates that currently the traffic on Waiono Ranch Road is low. The proposal would generate an increase in traffic by a maximum of 250 visitors per week during the hours of scheduled events, and normally less than 100 visitors per week otherwise. Large groups may be required to use vans or shuttles. OP would 1 recommend this be a condition of approval. 3. In accordance with Hawaii Revised Statues, Section 205-6, and Hawaii Administrative Rules 15-15-95 for Special Permits, if the application for Special permit involves a land area less than 15 acres, processing and approval is by the County Planning Commission. If greater than 15 acres, approval is also required by the State Land Use Commission. k k Y 1 1 z kr I Mr. Michael Yee August 10, 2020 Page 3 4. OP would caution that the scale of use and facilities is that of a commercial wedding facility. Approval should be based on whether the proposed use would be considered as "unusual and reasonable"and whether the use should be within the Agricultural Land Use District. Thank you for the opportunity to review the Special Permit application. If you have any questions,please contact Lorene Maki of our Land Use Division at lorene.k_makiuwhawaii.goy. Mahalo, ory u EJCun5 Mary Alice Evans Director ti 4 55 Y DAVID Y.IGE 1-6-7 h" BRUCE S.ANDERSON PhD. GOVERNOR OF HAWAII DIRECTOR OF HEALTH tab• y 'i ',.;:-• 4 4 4 _:.. t ‘' 7.:.::-. 7'.:‘ 11 J.,, .i 7 4 STATE OF HAWAII t-, 7',. -DEPARTMENT OF HEALTH z,,,::::::::,I :s w P.O.BOX 916 i HILO,HAWAII 96721-0916 I I MEMORANDUM 1 DATE: August 10, 2020 TO: Mr. Michael Yee Planning Director. County of Hawaii FROM: Eric Hondas District Environmental Health Program Chief SUBJECT: Special Permit Application (SPP-19-000218) Applicant: Douglas & Katheryn Hickey Request:To Legitimize the Establishment of a Venue for Weddings and Similar Gatherings TMK: 7-6-002:028:0001 i' The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1,Title l 1, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Dispensing site locations and food preparation areas would need to meet the requirements of Chapter 50, Food Safety Code. The applicant may call Ph. 933-0917 to discuss the content of this communication. The wastewater system is inadequate for the proposed project. Have your engineer submit to DOH, plans for an additional individual wastewater system. Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a"public water system.” Federal and state i regulations define a public water system as a system that serves 25 or more individuals at least t 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11- 20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11,Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead,copper, algae and microbiological and chemical PlannintYntlYArptions in private water systems have identified the need for self monitoring. The t Exhibit1 : 5153, III 5' ii, Michael Yee August 10, 2020 Page 2 of 6 Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to demonstrate and meet minimum capacity requirements prior to their establishment, per HAR 11-20-29.5, titled "Capacity Demonstration and Evaluation." This requirement involves demonstration that the system will have satisfactory, technical, managerial and financial capacity to enable the system to comply with safe drinking I water standards and requirements. x Projects that propose development of new sources of potable water serving or proposed to serve a public water system must comply with the terms of HAR 11-20-29. This section requires that r all new public water system sources be approved by the Director of Health(Director) prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report iwhichaddressestherequirementsspecifiedinHAR11-20-29. i The engineering report must identify all potential sources of contamination and evaluate l'alternative control measures which could be implemented to reduce or eliminate the potential for i contamination, including treatment of the water source. In addition, water quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories R Division of the State of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the iDirectorforthissubmittaloradditionaltestsrequireduponhisorherreviewoftheinformationl submitted. All sources of public water system sources must undergo a source water assessment which will 1 delineate a source water protection area. This process is preliminary to the creation of a source I water protection plan for that source and activities which will take place to protect the source of drinking water. I Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HAR 11-20-30, titled I New and Modified Public Water Systems". These projects include treatment, storage and l distribution systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of Water or Water Supply has been delegated to them. I I All public water systems must be operated by certified distribution system and water treatment plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public Water System Operators". i All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of water from the non-potable system to the potable system. The two (2) systems must be clearly labeled and physically separated by air gaps or reduced k pressure principle backflow prevention devices to avoid contaminating the potable water supply. In addition backflow devices must be tested periodically to assure their proper operation.i. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs t s• Michael Yee August 10, 2020 Page 3 of 6 to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 11-21, titled Cross-Connection and Backflow Control is also required. All projects which propose the establishment of a potentially contaminating activity (as identified in the Hawai'i Source Water Assessment Plan) within the source water protection area of an existing source of water for a public water supply should address this potential and activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. For further information concerning the application of capacity, new source approval, operator certification, source water assessment, backflow/cross-connection prevention or other public water system programs, please contact the SDWB at 586-4258. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on July 15, 2020. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance Any project and its potential impacts to State waters must meet the State's: 1 ) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification (WQC) is required if your project/activity: Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and May result in a discharge into State waters. The term`discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include,but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license,certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). Michael Yee August 10, 2020 Page 4 of 6 To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website Wlocatedat: % iI(': <CE'<Lt'h U ., +ll Please see HAR,chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: liItp.r/licalth.1t.m nt.g_'ta,/c' hi. National Pollutant Discharge Elimination System (NPDES)permit coverage is required for: Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing,excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(l4)(i) through ix) and (xi). Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water. hydrotesting waters, dewatering effluent, and process wastewater. Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: HT, ic(i.t i ot141.d,,11.11.111,<L I.L'd:iri`l'19.i11t1. A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: Heli.,. %:2l.J 'iuFl,b I iii)C1i7t!L. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR,Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB Michael Yee August 10, 2020 Page 5 of 6 i website at I,t,p 'IIE,2alth.Ii.E' ,Eii.:,'v.,,vv I,'. According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring i Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement1. j Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of S25,000 per day per violation. Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations.i I Polluted Runoff Control f Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected E through an annual request for proposals. Funding is provided by the EPA t through the Clean Water Act. For more information on projects and funding opportunities, please visit: , , lii:,. ` 4 1 i Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction 1 activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction t activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. i i Iis F t 1 l Michael Yee August 10, 2020 Page 6 of 6 We recommend that you review all of the Standard Comments on our website: illy 'i{l.t\\H' ',:'• :,lit,ditil'L'11\HtttlliL:ill tlrO'i >,,1111111ft1, ,111d0,,.' .3'.itii;,t illill1. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist Checklist)created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments. developers, planners,engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on i healthy community design. 3 7 z i i I 1 Mori, Ashley From: Jackson, Maija Sent: Tuesday, April 28, 2020 12:29 PM To: Planning Internet Mail Subject:FW: request for special use application permit in Waiono Ranch - Holualoa - submitted by the Hickeys Attachments: wedbiz2020.docx Please intake the email and attached for TMK 7-6-002:028:0001.Thanks!CON PLANNING DEPT APR 30 2020 AM10:43 Original Message From:Tom Buckner<tombuck@hawaiiantel.net> Sent: Monday,April 27, 2020 6:11 PM To:Jackson, Maija<Maija.Jackson@hawaiicounty.gov> Cc:Tom Buckner<tombuck@hawaiiantel.net>;Wendy Mitchell<wendym@hawaiiantel.net>;Audrey Grossman audreyg@hawaiiantel.net>;Steve Grossman<steveg@hawaiiantel.net>; Pamela Parker pamelasueparker@yahoo.com>; Cliff Kabumoto<cliff_k8@yahoo.com> Subject: re: request for special use application permit in Waiono Ranch- Holualoa-submitted by the Hickeys Dear Ms.Jackson: Attached you'll find a letter from the owners of the other 3 condomium parcels up here in Waiono Ranch, of which I am one of them. I will be sending you another email which will include the disclosure abstract of the final public report. It is in that disclosure abstract that the `no commercial development' language exists. Please let me know if you have any further questions and/or need any further information from us. I can also be reached on my cell phone which is: 937- 4356. Mahalo for your time! Nanning Dept. 1 1 32; 32 Exhibit, I April 27, 2020 To: Hawaii County Planning Department Attn: Maija Jackson We are a group of owners of the Greener Pastures Condominiums,a condominium comprised of four(4), 20-acre units on Waiono Ranch Road in Holualoa. Together, we are the owners of Units 2, 3,and 4. Unit 1 is owned by Douglas Leider Hickey and Kathryn Hickey. They are applying for a special permit from the Planning Department that would allow them to operate a business hosting large weddings and other commercial events on their condominium unit. They have been illegally operating this business on their property for quite some time now,which we have had some growing concerns about. We all purchased our units knowing that they were zoned Ag 20 acre,and would have to conform with the requirements of agricultural 20 acre zoning, and the peace and quiet it implies. In the disclosure abstract of the Condominium Final Public Report, under use of condominium units, it states, "All four units comprising the Project may be occupied and/or used only for those purposes permitted by applicable land use laws and zoning ordinances. There is no commercial development in the project." There are many other reasons why this special permit for a commercial business would be opposed by us and others in the surrounding community. However, the plain, black-and-white statement above and in the condominium documents are clear: there is no commercial development in the project. Their application for special permitting should not require us to spend time and money on attorney and planning commission fees for an application that is obviously not in compliance with the CPR documents and zoning rules. We- the owners of the other three units of Greener Pastures Condominiums - appreciate the understanding of the Planning Department in hearing our concerns regarding this case.We seek to preserve the natural beauty and lack of commercial development of Waiono Ranch. Sincerely,k. Thomas Buckner and Wendy Mitchell (Unit 3),Audrey and Steve Grossman (Unit 2), and Pamela Parker and Cliff Kabumoto (Unit 4) f Cog . i CONDOMINIUM PUBLIC REPORT Prepared & Issued by: Developer HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership Address P.O. Box 855 -- Holualoa, Hawaii 96725 Project Name(*): GREENER PASTURES y Address: Lot 5, Waiono Meadows, Holualoa 1st and 2nd, North Kona, Hawaii Registration No. 3840 Effective dare: February 19. 1998 Expiration date: March 19— 1999 Preparation of this Report: i 3 This report has been prepared by the Developer pursuant to the Condominium Property Act, Chapter 514A, Hawaii Revised Statutes, as amended. This report is not valid unless the Hawaii Real Estate Commission has issued a registration number and effective date for the report.l This report has Dm been prepared or issued by the Real Estate Commission or any other government agency. Neither the Commission nor any other government agency has judged or approved the merits or value, if any, of the project or or purchasing an apartment in the project. Buyers are encouraged to read this report carefully, and to seek professional advice before signing a sales contract for the purchase of an apartment in the project. Expiration Date of Reports. Preliminary Public Reports and Final Public Reports automatically expire thirteen (13) months from the effective date unless a Supplementary Public Report is issued or unless the Commission issues an order, a copy of which is attached to this report, extending the effective date for the report. t Exception: The Real Estate Commission may issue an order, a copy of which shall be attached to this report, that the x final public report for a two apartment condominium proiect shall have no expiration date. Type of Report: 1 PRELIMINARY: The developer may not as yet have created the condominium but has filed with the Real yellow) Estate Commission minimal information sufficient for a Preliminary Public Report. A Final Public Report will be issued by the developer when complete information is filed. 4 x FINAL: The developer has legally created a condominium and has filed complete information white) with the Commission. x] No prior reports have been issued. This report supersedes all prior public reports. This report must be read together with SUPPLEMENTARY: This report updates information contained in the: 4, pink) Preliminary Public Repor* dated: Final Public Report dated: Supplementary Public Report dated: And ( ] Supersedes all prior public reports. Must be read together with This report reactivates the public report(s) which expired on Exactly as named in the Declaration FORM: RECO-30 286/986/189/1190/892/0197 f Planning Dept. Exhibit__.E___- i gal, 0 DisclosuAbstract Separate Disclosure Abstract on this condominium project: x) Required and attached to this report Not Required - Disclosures covered in this report asExhibit "G" I re Summar of Changes from Earlier Public Reports: This summary contains a general description of the changes, if any, made by the developer since the last public i report was issued. It is not necessarily all inclusive. Prospective buyers should compare this public report with the I earlier reports if they wish to know the specific changes that have been made. 1 x] No prior reports have been issued by the developer. i Changes made are as follows:t SPECIAL ATTENTION ff This is a CONDOMINIUM PROJECT, not a subdivision. The land area beneath and immediately appurtenant to each unit is designated a LIMITED COMMON ELEMENT and does not represent a legally subdivided lot. The dotted lines on the Condominium Map bounding the designated number of square feet in each limited common element land area are for illustration purposes only and should not be construed to be formal subdivision lines.a This Public Report does not constitute an approval of the Project by the Real Estate Commission or it,,: 1,any other government agency, nor does it ensure that all County codes, ordinances and subdivision have necessarily been complied with. i 1. There are County restrictions on the number of residential dwelling units, or other structures, which may be built on the property. Therefore, unless the Purchaser is buying an existing residential dwelling, THERE IS NO ASSURANCE THAT THE PURCHASER WILL BE ABLE TO BUILD A RESIDENTIAL DWELLING UNIT ON THE PROPERTY. THERE IS ALSO NO ASSURANCE THAT THE PURCHASER WILL BE ABLE TO CONVERT AN EXISTING NON-RESIDENTIAL STRUCTURE TO A RESIDENTIAL USE. The Purchaser should consult n with the appropriate County agencies to determine whether the Purchaser may build a residential dwelling unit, or any other type of structure, on the property.Q:. Units 1, 2, 3 and 4 are greenhouse structures, each of which may be defined as an apartment unit" under the Condominium Property Act.i 2.Facilities and improvements normally associated with County-approved subdivisions, such as fire protection devices, County street lighting, electricity, upgraded water facilities, improved access for owners and emergency traffic, drainage facilities, etc., may not be t provided, and services such as County street maintenance and trash collection may not be available for interior roads and driveways. THE PROSPECTIVE PURCHASER IS CAUTIONED TO CAREFULLY REVIEW THE CONDOMINIUM DOCUMENTS REFERENCED IN THIS PUBLIC REPORT FOR FURTHER INFORMATION WITH REGARD TO THE FOREGOING. 2 f 4 t. t if i. * TABLE OF CONTENTS Page Preparation of this Report 1 Expiration Date of Reports 1 Type of Report i Disclosure Abstract 2 Summary of Changes from Earlier Public Reports 2 Table of Contents 3 General Information on Condominiums 4 Operation of the Condominium Project 4 I. PERSONS CONNECTED WITH THE PROJECT 5 Developer Attorney for Developer General Contractor Real Estate Broker Escrow Company Condominium Managing Agent II. CREATION OF THE CONDOMINIUM; CONDOMINIUM DOCUMENTS A. Declaration 6 B. Condominium Map (File Plan) 6 C. Bylaws 6 D. House Rules 7 E. Changes to Condominium Documents 7 III. THE CONDOMINIUM PROJECT A. Interest to be Conveyed to Buyer 8 B. Underlying Land 9 C. Buildings and Other Improvements 10 D. Common Elements, Limited Common Elements, Common Interest 13 E. Encumbrances Against Title 14 F. Construction Warranties 15 G. Status of Construction 16 H. Project Phases 16 IV. CONDOMINIUM MANAGEMENT A. Management of the Common Elements 17 B. Estimate of Initial Maintenance Fees 17 C. Utility Charges for Apartments 17 V. MISCELLANEOUS A. Sales Documents Filed with the Real Estate Commission 18 B. Buyer's Right to Cancel Sales Contract 18 C. Additional Information Not Covered Above 20 D. Signature of Developer 21 Exhibit A: Individual Unit Descriptions Exhibit B: Common Elements; Common Interest Exhibit C: Limited Common Elements Exhibit D: Summary of Pertinent Provisions of the Sales Contract Exhibit E: Summary of Escrow Arrangements Exhibit F: Encumbrances Against Title Exhibit G: Disclosure Abstract 3 i m 4 t t General Information On Condominiums A condominium is a special form of real property. To create a condominium in Hawaii. the requirements of the Condominium Property Act, Chapter 514A, Hawaii Revised Statutes, must be complied with. In addition, certain requirements and approvals of the County in which the project is located must be satisfied and obtained. Some condominium projects are Ieasehold. This means that the land or the building(s) and other improvements are leased to the buyer. The lease for the land usually requires that at the end of the lease term, the lessees (apartment 1 owners/tenants) deliver their interest in the land to the lessor (fee property owner). The lease also usually requires that the lessees either (1) convey to the lessor the building(s) and other improvements, including any improvements paid for I. by the lessees; or (2) remove or dispose of the improvements at the lessee's expense. Leases for individual apartments often require that at the end of the lease term, the lessee deliver to the lessor the apartment, including any I improvements placed in the apartment by the lessee. If you are a typical condominium apartment owner, you will have two kinds of ownership: (1) ownership in your individual apartment: and (2) an undivided interest in the common elements. t Common elements" are the areas of the condominium project other than the individual apartments. They are owned jointly by all apartment owners and include the land, either in fee simple or leasehold, and those parts of the i building or buildings intended for common use such as foundations. columns, roofs, halls, elevators, and the like. Your , undivided interest in the common elements cannot be separated from ownership of your apartment.E. In some condominium projects. some common elements are reserved for the exclusive use of the owners of certainE. apartments. These common elements are called "limited common elements" and may include parking stalls, patios. lanais, trash chutes. and the like. i„ You will be entitled to exclusive ownership and possession of your apartment. Condominium apartments may be individually bought, sold, rented, mortgaged or encumbered, and may be disposed of by will, gift, or operation of law. Your apartment will. however, be part of the group of apartments that comprise the condominium project. Study the project's Declaration, Bylaws. and House Rules. These documents contain important information on the use and occupancy of apartments and the common elements as well as the rules of conduct for owners, tenants, and guests.I, Operation of the Condominium Project 7 The Association of Apartment Owners is the entity through which apartment owners may take action with regard to i the administration, management, and operation of the condominium project. Each apartment owner is automatically a r member of the Association. i The Board of Directors is the governing body of the Association. Unless you serve as a board member or an officer, a or are on a committee appointed by the board, your participation in the administration and operation of the condominium project will in most cases be limited to your right to vote as an apartment owner. The Board of Directors and officers can take certain actions without the vote of the owners. For example, the board may hire and fire 1 employees, increase or decrease maintenance fees, borrow money for repair and improvements and set a budget. Some f of these actions may significantly impact the apartment owners. k Until there is a sufficient number of purchasers of apartments to elect a majority of the Board of Directors, it is 1 likely that the developer will effectively control the affairs of the Association. It is frequently necessary for the developer to do so during the early stages of development and the developer may reserve certain special rights to do so in the Declaration and Bylaws. Prospective buyers should understand that it is important to all apartment owners that the a transition of control from the developer to the apartment owners be accomplished in an orderly manner and in a spirit or ¢ cooperation. 1. 4 1 j x 4 I. PERSONS CONNECIEI) WITH THE PROJECT 1 HAWAII GREENER PASTURES PARTNERSHIP, Developer.a Hawaii general partnership Phone: (808) 322-5220 Name Business) P.O. Box 855 Business Address Holualoa, Hawaii 96725 i Names of officers or general partners of developers who are corporations or partnerships: 4 David A. Lucas, Shelly A. Lucas, Marlin Parker, Pamela S. Parker, i I Thomas A. Buckner, Wendy J. Mitchell, Steve Grossman and Audrey Taylor 1 ti Real Estate None -- Developers will Broker: represent themselves. See page 20. Phone: I Name Business) 1 Business Address Escrow: FIRST HAWAII TITLE CORPORATION Phone: (808) 885-4822 Name Business) P.O. Box 1180 Business Address Kamuela, Hawaii 96743 General Contactor. FLYING HAMMERS CONSTRUCTION, INC. Phone: (808) 325-1056 1 Name Business) 73-1339 Loio Business Address Kailua-Kona, Hawaii 96740 Condominium Managing Project is to be self-managed by the u Agent Association of Condominium Owners Phone: Name Business) Business Address Attorney for Developer: ROGER V. MEEKER Phone: (808) 885-9696 Name Business) P.O. Box 596 Business Address Kamuela, Hawaii 96743 5 f: t r{ i t i 11 II. CREATION OF THE CONDOMINIUM; CONDOMINIUM DOCUMENTS A condominium is created by recording in the Bureau of Conveyances and/or filing with the Land Court a Declaration of Condominium Property Regime, a Condominium Map (File Plan), and the Bylaws of the Association of Apartment Owners. The Condominium Property Act (Chapter 514A, HRS), the Declaration, Bylaws, and House Rules control the rights and obligations of the apartment owners with respect to the project and the common elements, to each other, and to their respective apartments. The provisions of these documents are intended to be, and in most cases are, enforceable in a court of law. A. Declaration of Condominium Property Resume contains a description of the land, buildings, apartments, common elements, limited common elements, common interests, and other information relating to the condominium project. The Declaration for this condominium is: I Proposed x] Recorded - Bureau of Conveyances: Document No. 97-162231 Book Page Filed - Land Court: Document No. The Declaration referred to above has been amended by the following instruments [state name of document, date and recording/filing information]: B. Condominium Map (File Plan) shows the floor plan, elevation and layout of the condominium project. It also show: the floor plan, location, apartment number, and dimensions of each apartment. The Condominium Map for this condominium project is: I Proposed x] Recorded - Bureau of Conveyances Condo Map No. 2623 I Filed - Land Court Condo Map No. The Condominium Map has been amended by the following instruments [state name of document, date and recording/filing information]: C. Bylaws of the Association of Apartment Owners govern the operation of the condominium project. They provide for the manner in which the Board of Directors of the Association of Apartment Owners is elected, the powers and duties of the Board, the manner in which meetings will be conducted, whether pets are prohibited or allowed and other matters which affect how the condominium project will be governed. The Bylaws for this condominium are: I I Proposed x] Recorded- Bureau of Conveyances: Document No. 97-162232 Book Page Filed - Land Court: Document No. The Bylaws referred to above have been amended by the following instruments (state name of document, date and recording/filing information]: 6 rr s D. House Rules. The Board of Directors may adopt House Rules to govern the use and operation of the common elements and limited common elements. House Rules may cover matters such as parking regulations, hours of operation for common facilities such as recreation areas, use of lanais and requirements for keeping pets. These rules must be followed by owners, tenants, and guests. They do not need to be recorded or filed to be effective. The initial House Rules are usually adopted by the developer. The House Rules for this condominium are: Proposed Adopted x) Developer does not plan to adopt House Rules E. Chances to Condominium pmts Changes to the Declaration, Condominium Map, and Bylaws are effective only if they are duly adopted and recorded and/or filed. Changes to House Rules do not need to be recorded or filed to be effective. 1. Apartment Owners: Minimum percentage of common interest which must vote for or give written consent to changes: Minimum Set by Law This Condominiums Declaration 75%* 7 5% and Condo Map) t Bylaws 65%65% House Rules n/a The percentages for individual condominium projects may be more than the minimum set by law for projects with five or fewer aparunents. 2. Developer: No rights have been reserved by the developer to change the Declaration, Condominium Map, Bylaws or House Rules. Developer has reserved the following rights to change the Declaration, Condominium Map, Bylaws or House Rules: i r r it F' 7it N Sf i r r i III. THE CONDOMINIUM PROJECT A. Interest to be Conveyed to Buyer: x] Fee Simple: Individual apartments and the common elements, which include the underlying land, will be in fee simple.it Leasehold or Sub-leasehold: Individual apartments and the common elements, which include the underlying It I land will be leasehold. Leases for the individual apartments and the underlying land usually require that at the end of the lease a term, the lessee (apartment owner/tenant) deliver to the lessor (fee property owner) possession of the leased premises and all improvements, including improvements paid for by the lessee. a Exhibit contains further explanations regarding the manner in which the renegotiated lease rents will be calculated and a description of the surrender clause provision(s). I Lease Term Expires: Rent Renegotiation Date(s): Lease Rent Payable: [ ] Monthly Quarterly Semi-Annually Annually i.,, Exhibit contains a schedule of the lease rent for each apartment per. ( ] Month [ ] Year For Sub-leaseholds: Buyer's sublease may be canceled if the master lease between the sublessor and fee owner is: Canceled I Foreclosed It As long as the buyer is not in default, the buyer may continue to occupy the apartment and/or land on the same terms contained in the sublease even if the master lease is canceled or foreclosed. J Individual Apartments in Fee Simple: Common Interest in the Underlying Land in Leasehold or Sub- leasehold: Leases for the underlying land usually require that at the end of the lease term,the lessees (apartment owners/tenants) deliver to the lessor (fee property owner) their interest in the land and that they either(1) remove or dispose of the bwlding(s) and other improvements at the lessee's expense; or(2) convey the m burlding(s) and improvements to the lessor, often at a specified price. Exhibit contains further explanations regarding the manner in which the renegotiated lease rents will be calculated and a description of the surrender clause provision(s). t Lease Term Expires: Rent Renegotiation Date(s):e Lease Rent Payable: [ ] Monthly Quarterly Semi-Annually Annually Exhibit contains a schedule of the lease rent for each apartment pen [ ] Month [ J Year 8 4 t I 0 55 Other: IMPORTANT INFORMATION ON LEASEHOLD CONDOMINIUM PROJECTS fil'''''', 1.''''',< The information contained in this report is a summary of the terms of the lease. For more detailed information, you should secure a copy of the lease documents and read them thoroughly. ii If you have any legal questions about leasehold property, the lease documents or the terms of the lease and the consequences of becoming a lessee, you should seek the advice of an attorney. There are currently no statutory provisions for the mandatory conversion of leasehold condominiums and there are no assurances that such measures will be enacted in the suture. In leasehold condominium projects. the buyer of an apartment will acquire the right to occupy and use the apartment for the time stated in the lease agreement. The buyer will not acquire outright or absolute fee simple ownership of the land. The land is owned by the lessor or the leased fee owner. The apartment owner or lessee must make lease rent payments and comply with the terms of the lease or be subject to the lessor's enforcement actions. The lease rent payments are usually fixed at specific amounts for fixed periods of time. and are then subject to renegotiation. Renegotiation may be based on a formula. by arbitration set in the lease agreement. by law or by agreement between the lessor and lessee. The renegotiated lease rents may increase significantly. At the end of the lease. the apartment owners may have to surrender the apartments, the improvements and the land back to the lessor without any compensation (surrender clause). When leasehold property is sold, title is normally conveyed by means of an assignment of lease, the purpose of which is similar to that of a deed. The legal and practical effect is different because the assignment conveys only the rights and obligations created by the lease. not the property itself. The developer of this condominium project may have entered into a master ground lease with the fee simple owner of the land in order to develop the project. The developer may have then entered into a sublease or a new lease of the land with the lessee (apartment owner). The developer may lease the improvements to the apartment owner by way of an I' apartment lease or sublease, or sell the improvements to the apartment owners by way of a condominium conveyance or apartment deed. B. Underlying Land: Address: Lot 5, Waiono Meadows, Holualoa 1st Tax Map Key (TMK): (3) 7-6-002-028 F and 2nd, North Kona, Hawaii Address ( ) TMK is expected to change because Land Area: 80.000 square feet x) acre(s) Zoning: A-20a F. 9 F 4 HAWAII GREENER PASTURES PARTNERSHIP, Fee Owner: a Hawaii general partnership 1 Name P.O. Box 855 Address Holualoa, Hawaii 96725 Lessor: Name 4 p Address C. Buildings and Other Improvements: 1. [x New Building(s) [ ] Conversion of Existing Building(s) ( J Both New Building(s) and Conversion 2. Number of Buildings:4 Floors Per Building 1 x j Exhibit A contains further explanations. 3. Principal Construction Material: Concrete Hollow Tile x) Wood Other 4. Uses Permitted by Zoning: No. of Use Permitted No. of Use Permitted Apts. BY Zoning Apts. By Zoning j Residential Yes [ ] No Ohana Yes ( ] No Commercial Yes ( ] No Industrial Yes [ ] No Mix Res/Comm Yes ( ] No x] Agricultural x] Yes ( ] No Hotel Yes ( ] No Recreational Yes [ ] No Timeshare Yes ( ] No x] Other. greenhouses 4 V] Yes [ ] No Is/Are this/these use(s) specifically permitted by the project's Declaration or Bylaws? x] Yes No fi 10 is I I 5. Special Use Restrictions:i The Declaration and Bylaws may contain restrictions on the use and occupancy of the apartments. Restrictions ii for this condominium project include but are not limited to: x ] Pets:Household pets and other animals as permitted by applicable zoning ordinances. Number of Occupants: it i Other. it There are no special use restrictions. 6. Interior (Al in appropriate numbers): Elevators:0 Stairways:0 Trash Chutes: 0 Apt. Net Net it Type Quantity R/Batll Uvinz Area (sf)*Other Area (sf) (Identify) Unit 1_ n/a n/a 64 greenhouse Unit 2 1 n/a n/a 64 greenhouse Unit 3 1_ n/a n/a 64 greenhouse Unit 4 1 n/a n/a 64 greenhouse r. Total Number of Apartments: 4 Net Living Area is the floor area of the apartment measured from the interior surface of the apartment Perimeter walls. Other documents and maps may give floor area figures which differ from those above because a different metho< of determining the floor area may have been used. Boundaries of Each Apartment: See Exhibit "A" attached hereto. 1 A L t As noted in Section XVI of the Declaration, individual Permitted Alterations to Apartments: unit owners may, at their sole discretion and at their own expense, remodel, expand or otherwise alter their unit, I provided said alterations are done in complete accordance with all applicable ordinances, codes, rules, regulations and other requirements in force at the time of said construction. All alterations shall be completed expeditiously and in the manner set forth in said Section XVI. 11 I P Ft e gt 7. Parking Stalls: Total Parking Stalls: * see below Re ar Compact Tandem ro Covered Open Covered Open Covered Open TOTAL Assigned (for each 1 4 unit) Guest Unassigned Extra for Purchase Other: * Units 1. 2. 3 and 4 have ample space for parking within their respective limited common element land area. Total Covered & Open: 4 0 0 4 residential Each/apartment will have the exclusive use of at least * one parking stall(s). Buyers are encouraged to find out which stall(s) will be available for their use. Commercial parking garage permitted in condominium project. Exhibit contains additional information on parking stalls for this condominium project. 8. Recreational and Other Common Facilities: x] There are no recreational or common facilities. Swimming pool Storage Area Recreation Area Laundry Area Tennis Court Trash Chute/Enclosure(s) Other. 9. Compliance With Building Code and Municipal Regulations: Cost to Cure Violations x l There are no violations.Violations will not be cured. Violations and cost to cure are listed below: ( ] Violations will be cured by Dam) 10. Condition and Expected Useful Life of Structural Components. Mechanical. and Electrical Installations For conversions of residential apartments in existence for at least five years): N/A i2 11. Conformance to Present Zoning Code a. (x ] No variances to zoning code have been granted. Variance(s) to zoning code was/were granted as follows: b. Conforming/Non-Conforming Uses, Structures, Lot In general, a non-conforming use, structure, or lot is a use, structure, or lot which was lawful at one time but which does not now conform to present zoning requirements. Conforming Non-Conforming Illegal ri Uses x Structures x Lot x If a variance has been granted or if uses, improvements or lot are either non-conforming or illegal, buyer should consult with county zoning authorities as to possible limitations which may apply. Limitations may include restrictions on extending, enlarging, or continuing the non-conformity, and restrictions on altering and repairing structures. In some cases, a non-conforming structure that is destroyed or damaged cannot be reconstructed. The buyer may not be able to obtain financing or insurance if the condominium project has a non-conforming or illegal use, structure, or lot. D. Common Elements_Limited Common Elements. Common Interest: 1. Common Elements: Common Elements are those parts of the condominium project other than the individual apartments. Although the common elements are owned jointly by all apartment owners, those portions of the common elements which are designated as limited common elements (see paragraph 2 below) may be used only by those apartments to which they are assigned. The common elements for this project, as described in the Declaration, are: x] described in Exhibit B . j l as follows: s r 13 ii i S 2. Limited Common Elements: Limited Common Elements are those common elements which are reserved for the exclusive use of the owners of certain apartments. i fTherearenolimitedcommonelementsinthisproject. x ] The limited common elements and the apartments which use them, as described in the Declaration, are: x I described in Exhibit C 3 as follows: 3 3 z a i 3. Common Interest: Each apartment will have an undivided fractional interest in all of the common elements. This interest is called the "common interest." It is used to determine each apartment's share of the maintenance fees and other common profits and expenses of the condominium project. It may also be used for other purposes, including voting on.matters requiring action by apartment owners. The common interests for the apartments in this project, as described in the Declaration, are: x) described in Exhibit B • as follows:i E. Encumbrances Against Title: An encumbrance is a claim against or a liability on the property or a document affecting the title or use of the property. Encumbrances may have an adverse effect on the property or your purchase and ownership of an apartment in the project. Exhibit F describes the encumbrances against the title contained in the title report dated 11/20/97 and issued by Title Guranty of Hawaii 14 i 4i 3 Blanket Liens: A blanket lien is an encumbrance (such as a mortgage) on the entire condominium project that secures some type of monetary debt (such as a loan) or other obligation. A blanket lien is usually released on an apartment-by-apartment basis upon payment of specified sums so that individual apartments can be conveyed to buyers free and clear of the lien. j There are no blanket liens affecting title to the individual apartments. x] There are blanket liens which may affect title to the individual apartments. Blanket liens (except for improvement district or utility assessments) must be released before the developer conveys the apartment to a buyer. The buyer's interest will be affected if the developer defaults and the lien is foreclosed prior to conveying the apartment to buyer. Effect on Buyer's Interest and Deposit if Developer Defaults Type of Lien or Lien is Foreclosed Prior to Conveyance Mortgage The Buyer's contract may be cancelled and the Buyer may lose all rights to acquire the unit. Buyer's deposit, less escrow cancellation fee, will be returned if default and foreclosure occur before conveyance. However, should the Buyer's deposit be disbursed by Escrow and the lien be foreclosed prior to conveyance to Buyer, Buyer may not be able to recover any deposits. F. Construction Warranties: Warranties for individual apartments and the common elements, including the beginning and ending dates for each fi warranty, are as follows: 1. Building and Other Improvements: NOT APPLICABLE 2. Appliances: NOT APPLICABLE 15 a G. Status of Construction and Date of Completion or Estimated Date of Completion: The construction of the greenhouses on Units 1, 2, 3 and 4 was completed in July, 1997. H. Project Phases: The developer ( I has (x J has not reserved the right to add to, merge, or phase this condominium. Summary of Developer's plans or right to perform for future development (such as additions, mergers or phasing): 2 16 C IV. CONDOMINIUM MANAGEMENT A. Manastement of the Common Elements: The Association of Apartment Owners is responsible for the management of the common elements and the overall operation of the condominium project. The Association may be permitted.and in some cases may be required, to employ or retain a condominium managing agent to assist the Association in managing the condominium project. Initial Condominium Managing Agent: When the developer or the developer's affiliate is the initial condominium managing agent, the management contract must have a term of one year or less and the parties must be able to terminate the contract on notice of 60 days or less. The initial condominium managing agent for this project, named on page five (5) of this report, is: not affiliated with the Developer J the Developer or the Developer's affiliate. xt self-managed by the Association of Apartment Owners ( J Other: B. Estimate of Initial Maintenance Fees: The Association will make assessments against your apartment to provide funds for the operation and maintenance r, of the condominium project. If you are delinquent in paying the assessments, a lien may be placed on your apartment and the apartment may be sold through a foreclosure proceeding. Initial maintenance fees are difficult to estimate and tend to increase as the condominium ages. Maintenance fees may vary depending on the services provided. Exhibit G * contains a schedule of estimated initial maintenance fees and maintenance fee disbursements subject to change). * Developers disclose that no reserve study was done in accordance with Chapter 514A-83.6, HRS, and replacement reserve rules, Subchapter 6, Title ggr 16, Chapter 107, Hawaii Administrative Rules, as amended. C. UtiitY Charges for Apartments: Each apartment will be billed separately for utilities except for the following checked utilities which are included in the maintenance fees: J None Electricity ( Common Elements only Common Elements & Apartments) J Gas Common Elements only Common Elements & Apartments) x) Water Sewer [ J Television Cable Other 17 8 V. MISCELLANEOUS A. Sales Documents Filed With the Real Estate Commission: Saps documents on file with the Real Estate Commission include but are not limited to: x j Notice to Owner Occupants Hawaii Association of Realtors' form of Deposit Receipt, Offer & x] Specimen Sales Contract / Acceptance (DROA) contract will be used at time of sale. Exhibit D contains a summary of the pertinent provisions of the sales contract. x l Escrow Agreement dated October 1. 1997 Exhibit E contains a summary of the pertinent provisions of the escrow agreement. Other B. Buyer's Right to Cancel Sales Contract 1. Rights Under the Condominium Property Act (Chapter 514A. l-iRS): Preliminary Report: Sales made by the developer are not binding on the prospective buyer. Sales made by the developer may be binding on the developer unless the developer clearly states in the sales contract that sales are not binding. A prospective buyer who cancels the sales contract is entitled to a refund of all moneys paid, less any escrow cancellation fee up to $250.00. Supplementary Report to a Preliminary Report: Same as for Preliminary Report. Final Report or Supplementary Report to a Final Report: Sales made by the developer are binding if: A) The Developer delivers to the buyer a copy of: 1) Either the Final Public Report ga the Supplementary Public Report which has superseded the Final Public Report for which an effective date has been issued by the Real Estate Commission; 2) Any other public report issued by the developer prior to the date of delivery, if the report was not previously delivered to the buyer and if the report has not been superseded; B) The buyer is given an opportunity to read the report(s); AND C) One of the following has occurred: 1) The buyer has signed a receipt for the report(s) and waived the right to cancel; or 2) Thirty (30) days have passed from the time the report(s) were delivered to the buyer; or 3) The apartment is conveyed to the buyer within 30 days from the date the report(s) were delivered to the buyer. Material Change: Binding contracts with the Developer may be rescinded by the buyer if: A) There is a material change in the project which directly, substantially, and adversely affects (1) the use orvalueofthebuyer's apartment or its limited common elements; or (2) the amenities available for buyer's use; 6JQ B) The buyer has not waived the right to rescind. If the buyer rescinds a binding sales contract because there has been a material change, the buyer is entitled to full and prompt refund of any moneys the buyer paid. 18 4 2. ]tisrhts Under the Sales Contract. Before signing the sales contract, prospective buyers should ask to see and carefully review all documents relating to the project. If these documents are not in final form, the buyer shou:c ask to see the most recent draft. These include but are not limited to the: A) Condominium Public Reports issued by the developer which have been issued an effective date by the Hawai Real Estate Commission. B) Declaration of Condominium Property Regime, as amended. C) Bylaws of the Association of Apartment Owners, as amended. D) House Rules, if any. None E) Condominium Map, as amended. F) Escrow Agreement. G) Hawaii's Condominium Property Act (Chapter 514A, HRS, as amended) and Hawaii Administrative Rules, Chapter 16-107, adopted by the Real Estate Commission, as amended). H) Other Farm Dwelling Notice. See page 20a I) Declaration of Covenants, Conditions and Restrictions, dated March 23, 1997. J) First Amendment to Declaration of Covenants, Conditions and Restrictions, acknowledged May 14, 1997 Copies of the condominium and sales documents and amendments made by the developer are available for review through the developer and are on file at the Department of Commerce and Consumer Affairs. Reprints of Hawaii's Condominium Property Act (Chapter 514A, HRS) and Hawaii Administrative Rules, Chapter 16-107, are available at the Cashier's Office, Department of Commerce and Consumer Affairs, 1010 Richards Street, 3rd Floor, Honolulu, Hawaii, mailing address: P. O. Box 541, Honolulu, HI 96809, at a nominal cost. This Public Report is a part of Registration No. 3840 filed with the Real Estate Commission on November 28, 1997 Reproduction of Report, When reproduced, this report must be on: YELLOW paper stock (x] WHITE paper stock J PINK paper stock 19 4 C4 C. Additional Information Not Covered Above Construction of Additional Improvements on Units 1, 2, 3 or 4 The improvements presently located on the limited common element land area of Units 1,2, 3 and 4 are each comprised of a small greenhouse structure. As noted in Exhibit "A" of this Public Report, as well as in Section II of the Declaration, the owner of a condominium unit is permitted to construct additional improvements on said unit's limited common element land area as are allowed by applicable law. In the event that the owner of a unit constructs a residential dwelling or any other improvement(s), it will not be necessary toobtainaSupplementaryPublicReportfortheProject; PROVIDED, HOWEVER, that the Declaration and Condominium Map are appropriately amended to reflect said addition(s), and that copies of said amended documents are provided to prospective purchasers. Disclosure re: Licensee status of Developer/Owner Pursuant to Sections 16-99-3(g) and 16-99-11(d), Hawaii Administrative Rules ("HAR"), prospective purchasers are hereby advised that two of the general partners of the HawaiiGreenerPasturesPartnership, the Developer/Owner, are real estate licensees. David A. Lucas (RB-15309)is a current and active Hawaii-licensed real estate broker, Pamela S. Parker (RS-24749)is a current and active Hawaii-licensed real estate salesperson, and Marlin Parker (RS-38365) is a current and inactive Hawaii-licensed real estate salesperson.Further, pursuant to Section 16-99-11(c), HAR, "(n)o licensee shall advertise 'For Sale byOwner, . . . Mailboxes Mailboxes have not been provided for the units, as there is no mail delivery to this area.Residents of the area customarily maintain a post office box at the local post office. County Water Meter The parcel of land comprising the Project is presently served by a single County watermeter. Until such time as separate County waters are obtained for each unit: (1) the 7 primary water source for each unit shall be by way of water catchment; and (11) said existing County water service shall only be used by the individual unit owners of theProjectasaback-up system. No water from said service may be sold to or used by otherparcels. 20 C B D. The developer hereby certifies that all the information contained in this Report and the Exhibits attached to this Report and all documents to be furnished by the developer to buyers concerning the project have been reviewed by the developer and are, to the best of the developer's knowledge, information and belief, true, correct and complete. S'. HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership Printed Name of Developer By: 7/9 7 Duly Authorized Signatory Date DAVID A. LUCAS, Managing Partner Printed Name & Title of Person Signing Above Distribution: Department of Finance, County of Hawaii Planning Department, County of Hawaii is 21 I 7. 7s: INDIVIDUAL UNIT DESCRIPTIONS The Declaration of Condominium Property Regime and plans submitted by the Developer indicate that GREENER PASTURES is a fee simple condominium conversion project consisting of a total of four condominium units, each unit comprised of a separate structure or structures. The units are described as follows: a) "Unit 1 " consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. b) "Unit 2" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. c) "Unit 3" consists of the following: (1) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. Exhibit "A" UNIT DESCRIPTIONS continued -- d) "Unit 4" consists of the following: (1 ) a separate wood-frame greenhouse structure of approximately 64 square feet; and (2) any and all other future improvements which may be constructed on the land area appurtenant to said unit by the owner thereof. Specifically, in addition to said greenhouse structure, the owner thereof is permitted to build other improvements as allowed by applicable law, provided that said improvements comply with the provisions of this Declaration and all applicable buildings codes and zoning ordinances. The right to secure the building permit(s) for and construct said improvements vests solely with the owner of said unit, and the costs and expenses of any such future construction shall be borne solely by the owner of said unit. X Exhibit "A" p# E E COMMON ELEMENTS One freehold estate is designated of all the remaining portions of the Project, herein referred to as "common elements", including specifically, but not limited to: a) The land in fee simple, subject to the provisions of Section IV of the Declaration; b) The existing County water meter serving the parcel comprising the land portion of the Project; c) All ducts, electrical equipment, wiring and other central and appurtenant installations for common services, if any, including power, light, water, gas, sewage, irrigation, telephone and television cable; d) Any and all other elements and facilities rationally in common use or necessary to the existence, upkeep and safety of the Project. The common elements shall remain undivided, and no right shall exist to partition or divide is any part thereof, except as provided in Section IV of the Declaration or except as provided in the Condominium Property Act. Any such partition or division shall be subject to the prior consent thereto by the holder(s) of all mortgage(s) of any condominium unit(s) which are filed of record. E 4 r'. r COMMON INTEREST Each unit and its owner(s) shall have appurtenant thereto an undivided one-fourth (114) fractional interest (25.0 percentage interest) in the common elements of the Project, for all j purposes including voting, said interest being referred to as the "common interest". I Exhibit "B" 4 4 LIMITED COMMON ELEMENTS Certain parts of the common elements, herein referred to as the "limited common elements", are designated and set aside for the exclusive use of one or more apartments, and such apartment(s) shall have appurtenant thereto exclusive easements for the use of such limited common elements. The limited common elements so set aside and reserved are as follows: a) That certain land area upon and around which "Unit 1 " is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 1 ". b) That certain land area upon and around which "Unit 2" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 2". c) That certain land area upon and around which "Unit 3" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 3". d) That certain land area upon and around which "Unit 4" is located, shown and designated on the Condominium Map and being approximately 20.000 acres in area, is deemed a limited common element appurtenant to and for the exclusive use of "Unit 4". ti All costs of every kind pertaining to the aforesaid limited common elements, including, but not limited to, costs of landscaping, maintenance, repair, replacement and/or improvement, shall be borne solely by the owner(s) of the unit(s) to which said limited common elements are appurtenant. NOTE: The land area appurtenant to each unit does not represent a legally subdivided lot. Exhibit "C" i gli S SUMMARY OF PERTINENT PROVISIONS OF THE SALES CONTRACT No sales of the condominium units are immediately contemplated. However, the Developer i plans to use the Hawaii Association of Realtors' standard form of Deposit, Receipt, Offer j and Acceptance (DROA) as the intended sales contract for the Project when and if sales later commence. x The sales contract contains the purchase price, description and location of the condominium unit and other terms and conditions under which a Buyer will agree to buy a F condominium unit in the Project. Among other things, the sales contract (DROA): 1 . Provides a section for financing to be completed and agreed to by the parties which is will set forth how Buyer will pay the purchase price. t f 2. Identifies the escrow agent and states that Buyer's deposit will be held in escrow until the sales contract is closed or cancelled. 3. Requires that Buyer must close the purchase at a certain date and pay closing costs, in addition to the purchase price. 4. Provides the following remedies, in the event of default under the sales contract by Buyer: a. Seller may bring an action against Buyer for breach of contract; b. Seller may retain Buyer's deposit(s); c. Buyer shall be responsible for expenses incurred.i Provides the following remedies, in the event of default under the sales contract by Seller: 7t a. Buyer may bring an action against Seller for breach of contract; b. Buyer may bring an action compelling Seller to perform under contract; c. Seller shall be responsible for expenses incurred. j` Any awards to the prevailing party in any action are subordinate to escrow's expenses.f 5. Allocation of payment of closing costs. The sales contract contains various other provisions which Buyer should become acquainted with. Upon examination, the Developer represents that the proposed Sales Contract (DROA) is found to be in compliance with Chapter 514A, Hawaii Revised Statutes, as amended. It is encumbent upon the purchaser and prospective purchaser that he reads the Sales Contract DROA) with care. Exhibit "D" i" 1 g T' 5- 1 j. 6 s t SUMMARY OF ESCROW ARRANGEMENTS i' The Developer does not plan to offer the condominium units for sale immediately. However, an Escrow Agreement dated October 1, 1997, has been submitted by the Developer, identifying First Hawaii Title Corporation as Escrow for the Project. This Agreement shall take effect when the Developer commences sales. The Escrow Agree- ment establishes how proceeds from the sale of condominium units and all sums received from any source are placed in escrow, as well as the methods of disbursement of said funds.i{ The Escrow Agreement provides that a Purchaser shall be entitled to a refund of his funds, and Escrow shall pay said funds to Purchaser, without interest and less cancellation fee and costs, if Purchaser shall in writing request refund of his funds and (1) Escrow receives a written request from Developer to return to Purchaser the funds of such Purchaser; or (2) Developer notifies Escrow of Developer's intent to cancel or rescind the sales contract; or 3) Purchaser has exercised his right to cancel or rescind the sales contract pursuant to f Section 514A-62 or 514A-63 of the Hawaii Revised Statutes; or (4) meets one of the conditions provided for in Section VI(e) of the Escrow Agreement. Except for a f cancellation under Section VI(e) of the Escrow Agreement, Escrow will be entitled to t' deduct a cancellation fee from Purchaser's funds. Said cancellation fee shall be in the minimum of $25.00, but in no event shall exceed the agreed-upon escrow fee provided for in said Escrow Agreement, the exact amount to be commensurate with the amount of 3 work completed at the time of cancellation. The Escrow Agreement also provides that a Purchaser shall be entitled to a refund of his funds (less fees as provided therein), if any one of the following events shall have occured: 1) no sales contract is offered to a Purchaser who was placed on the Developer's reservation list of owner-occupant applicants; or (2) the Purchaser has been unable to obtain adequate financing, or a commitment for adequate financing, for his unit within thirty (30) days following the end of the ten (10) calender-day period during which the Developer is limited to selling to owner-occupants; or (3) the Purchaser desires to cancel the contract on account of hardship circumstances such as those set forth in Section 514A-104(1), Hawaii Revised Statutes; or (4) the Purchaser indicates an intent not to s become an owner-occupant of such unit. The Escrow Agreement also provides that no disbursement of a Purchaser's funds shall be j made until: (1) a Final Public Report has been issued on the Project, and a copy provided to Purchaser; (2) the requirements of Sections 514A-62 and 514A-63 of the Hawaii Revised Statutes shall have been met; and (3) the Developer shall have given Escrow a written waiver of any option reserved in any sales contract to cancel such sales contract. j Exhibit "E" f 1 SUMMARY OF ESCROW ARRANGEMENTS continued -- Finally, the Escrow Agreement provides that in the event that Purchaser defaults under the p; terms of the sales contract, all proceeds collected from Purchaser may be treated as liquidated damages and retained by Developer. Upon examination, the Developer represents that the Escrow Agreement is found to be in compliance with Chapter 514A, Hawaii Revised Statutes, as amended. It is encumbant upon the purchaser and prospective purchaser that he reads with care the Escrow Agreement. y. Exhibit "E" ii r Q f 4 I 1 ENCUMBRANCES AGAINST TITLE I s An encumbrance is a claim against or a liability on the property. The following list describes the encumbrances against the title contained in the status title report dated November 20, 1997, issued by Title Guaranty of Hawaii: n 1. Tax Map Key: (3) 7-6-002-028, County of Hawaii. Area assessed: 80.000 acres. For real property taxes as may be due and owing, reference is made to the Director of Finance, County of Hawaii. 2. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 3 . Easement "4", referred to as (A) , Easement "5" , referred to as (B) , and Easement "6" , referred to as (C) for drainage purposes as shown on map by Russell Figueiroa, r Registered Professional Surveyor with R. M. Towill Corporation dated January 19 , 1987 , being more particularly described as follows : A)EASEMENT 4 is Beginning at the northeast corner of this easement, on the west boundary of Lot 8 of Waiono Meadows,i the coordinates of said point of beginning referred to I' government Survey Triangulation Station "KEAHUOLU R.M. NO. 1" being 7 ,893 . 59 feet south and 33, 016 . 11 feet east, and thence running by azimuths measured clockwise from true i south: k' i 1. 336° 39 '302. 54 feet along Lot 8 of Waiono Meadows; 2. 46° 38' 67 . 59 feet;i+ 3. 99° 06 '107.00 feet; c 4. 69° 42 '613 . 06 feet; I 5. 92° 57 '613 . 32 feet; 6. Thence along Lot 11 ( roadway) of Waiono Meadows, on a curve to the left with a radius of 340 . 00 feet, c the chord azimuth and 4 i I Exhibit "F" 1 i I F g,3 5 i 0 i F 6 9 distance being : 120° 00 ' 00" 163 . 55 feet ; 7. 106° 05 '125 . 94 feet along Lot 11 roadway) of Waiono Meadows; 1 8. 113° 57 '102 . 61 feet; 9. 82° 27 '123 . 70 feet ; 10. 177° 19 '209 . 49 feet along Lot 3 of Waiono Meadows ; 11. 262° 06 '519 . 44 feet; a 12. 295° 19 '183 .00 feet; 13. 249° 16 '617 .00 feet; 14. 279° 19 '460 . 31 feet to the point of t beginning and containing 1` an area of 15. 878 acres, more or less. i' Y B)EASEMENT 5 r is Beginning at the southeast corner of this t easement, on the west boundary of Lot 8 of Waiono Meadows, the coordinates of said point of beginning referred to 1 Government Survey Triangulation Station "KEAHUOLU R.M. NO. 1" being 6,878.48 feet south and 32,577.88 feet east, and thence running by azimuths measured clockwise from true south: 1 1. 58° 26 '1166 . 30 feet; 2. 36° 39 ' 466 . 00 feet; 3. 77° 30 ' 9 .09 feet; 4. 177° 19 ' 648. 57 feet along Lot 3 of Waiono Meadows; t 5. 238° 14'1352 .48 feet; P 6. 336° 39 ' 406 .83 feet along Lot 8 of Waiono Meadows to the point of beginning and 1 i Exhibit ,"F" -- Page 2 i t containing an area of 13 . 872 acres, more or less . I C)EASEMENT 6 Beginning at the northeast corner of this easement, also being the northwest corner of Lot 8 of Waiono Meadows, the coordinates of said point of beginning r; referred to Government Survey Triangulation Station KEAHUOLU R.M. NO. 1" being 5,667.19 feet south and 32,054.96 feeteast, and thence running by azimuths measured clockwise from true south: z 1. 336° 39 '428 . 21 feet along Lot 8 of f Waiono Meadows ; 2. 85° 12 '242 . 62 feet; s t 3. 116° 22 '340 . 75 feet; 4. 235° 12 ' 56" 459 . 45 feet along R.P. 1669, 1. L.C.Aw. 8516-B to M. Kamaikui to the point of beginning and containing an area of 2 .705 acres , more or less. 4. Grant in favor of PALANI RANCH COMPANY, INC. , a Hawaii corporation, "Palani Ranch' , and JAMES MALLABY GREENWELL, husband of Martha Lowrey Greenwell, LEONARD RADCLIFFE GREENWELL, husband of Patricia Gilman Greenwell, and ROBERT FRANCIS GREENWELL, husband of Alice Bevins Greenwell, Greenwells", dated January 31, 1969, recorded in Liber 6424 at Page 249; granting an easement for cattle crossing purposes upon, over, through and across those two cattle 4 crossing routes heretofore and currently used by Palani Ranch and Greenwells, said easement areas to be of sufficient width, along each route, to reasonably permit t cattle to be driven across and along the same, together with the right of ingress to and egress from the easement areas over the land adjacent thereto, as necessary for the use by Palani Ranch and the Greenwells of said easement . Exhibit "F" -- Page 3 f( f i t 5. A nonexclusive 80-foot wide right-of-way and easement in favor of (3) 7-6-001-002, for road and utility purposes on a course which follows the alignment of the existing unimproved jeep road, said easement to be substituted within three (3) years from the date hereof, as granted in deed .dated March 18, 1980, recorded in Liber 14588 at Page 768; subject to the terms and conditions set forth therein. LETTER AGREEMENT dated January, 6, 1983; re: extension of said three-year period for an additional two years until March 18, 1985, mentioned in and appurtenant to the following four extension instruments. NOTICE OF EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated May 29, 1984, recorded in Liber 17936 at Page 466; re: extension of said period to March 18, 1985. EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated June 5, 1986, recorded in Liber 19663 at Page 502; re: extension of said period March 31, 1987. THIRD EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1987, recorded in Liber 20702 at Page 367 ; re: extension of said period to March 31, 1988. FOURTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1988, recorded in Liber 21800 at Page 168; re: extension of said period to March 31, 1989 . FIFTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1989, recorded as Document No. 91-043841; re: extension of said period to March 31, 1992. SIXTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1992, recorded as Document No. 93-011198; re: extension of said period to March 31, 1993 . SEVENTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated March 31, 1993, recorded as Document No. 93-057300; re: extension of said period to March 31, 1994. EIGHTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated April 25, 1994, recorded as Document No. 94-077180; re: extension of said period to March 31, 1995 . NINTH EXTENSION OF TIME TO DESIGNATE SUBSTITUTE EASEMENT dated February 28, 1995, recorded as Document No. 95-060330; re: period for designating the substitute easemerit' shall be postponed subject to call by either party delivering to the other party a written request ( the fl Exhibit "F" -- Page 4 i 0 u f Y Designation Request" ) that the easement be designated within a period of one year . Delivery of the Designation Request shall automatically establish a new deadline (one year after the date of delivery) for completing the designation of the substitute easement in compliance with the designation of easement provision. 6. The terms and provisions, including the failure to comply with any covenants, conditions and reservations , contained in the following : INSTRUMENT : DECLARATION DATED March 23, 1987 RECORDED Liber 20769 Page 554 Said Declaration was amended by instrument dated --- acknowledged May 14, 1997 ) , recorded as 97-064866 t 7. PURCHASE MONEY MORTGAGE, SECURITY AGREEMENT AND FINANCING STATEMENT MORTGAGOR : HAWAII GREENER PASTURES PARTNERSHIP, a Hawaii general partnership MORTGAGEE : WAIONO MEADOWS RANCH, LTD. , a California limited partnership DATED acknowledged May 14, 1997 and June 4 , s: 1997 ) zi RECORDED : Document No. 97-076518 AMOUNT 450,000.00 1 8. Any lien (or claim of lien) for services, labor or material arising from an improvement or work related to the land i described in Schedule C herein. t In addition to the above, the following documents have also been recorded: 9. Declaration of Condominium Property Regime dated October 1 , 1997, recorded as Document No. 97-162231 ; By-Laws of the Association of Condominium Owners of s the "GREENER PASTURES" Condominium Project, dated October 1 , 1997 and l' recorded as Document No. 97-162232;Condominium Map No. 2623. Exhibit "F" -- Page 5 j 1 j 5 c j i DISCLOSURE ABSTRACT 6i GREENER PASTURES Condominium Project Pursuant to Section 514A-61, Hawaii Revised Statutes t Condominium Property Acti i i2 Developer(s1 Project Manager t Hawaii Greener Pastures Partnership Project is to be self-managed P.O. Box 855 Holualoa, Hawaii 96725 Phone: (808) 327-3285 k j ti Estimated Maintenance Fee Assessments and Disbursements iMAINTENANCEFEES: The regular maintenance and repair of each condominium unit, including all utility charges except for the single shared County water meter, is the sole responsibility of each respective unit owner. The only common expense requiring monthly assessments (i.e. maintenance fees) is said water meter, which pursuant to Section VIII(b)i of the Declaration is used solely as a back-up water system for the Proejct. Pursuant to Section XII(d) of the Declaration, the amount of water expenses paid by each unit will be dependent upon each unit's respective water usage. Developer estimates the costs of itheseservicestobeapproximately $180.00 per year per unit ($15.00 per month per unit). Said estimates were prepared in accordance with generally accepted accounting principals. Developer discloses that no reserve study has been done in accordance with Chapter 514A-83.6, Hawaii Revised Statutes, and replacement reserve rules, Subchapter 6, Title 16, Chapter 107, Hawaii Administrative Rules, as amended. Note: If, in the future, separate water meters are secured for each condominium unit, I there will cease to be any common expenses, and therefore, no maintenance Y fees. INDIVIDUAL INSURANCE: Section 514A-86, Hawaii Revised Statutes, requires that fire insurance be purchased to cover the improvements portion of the Project. Developer j anticipates that the Association will elect to obtain separate policies for each individual condominium unit pursuant to Section XIV(c) of the Declaration. As such, the premiums on said policies will be the individual responsibility of each unit owner rather than common expenses of the Project. Purchasers should be aware that premiums for said fire insurance vary widely depending upon the extent of the improvements on the property, the coverage i desired, and the insurance company used. Developer's best estimate regarding the cost of said coverage is approximately $500 to $3,000 per year per unit. Said estimates were prepared in accordance with generally accepted accounting principals. 1 I Exhibit "G" fr, p j i i s is t it Disclosure Abstract Greener Pastures o Page 2 o s ks Use of Condominium Units j All four units comprising the Project may be occupied and/or used only for those purposes permitted by applicable land use laws and zoning ordinances. There is no commercial t development in the Project. i Warranties t j Purchasers should be aware that both "condominium units" of the Project are comprised of existing greenhouse structures. Said structures were constructed in July, 1997. NO WARRANTIES FOR FITNESS OF USE OR MERCHANTABILITY OR ANY OTHER KIND ARE MADE AS TO THE INDIVIDUAL CONDOMINIUM UNITS OR THE COMMON ELEMENTS OF 1 THE PROJECT. PURCHASERS ARE ADVISED TO CONDUCT THEIR OWN INSPECTION OF THE UNIT THEY DESIRE TO BUY. THE UNITS ARE SOLD "AS IS". Structural Components and Mechanical & Electrical Installations Based on a report prepared by an independent registered architect, it is the Developer's 1` opinion that all structural components and mechanical and electrical installations material s: to the use and enjoyment of the individual condominium units appear to be sound and in ii satisfactory working condition. However, NO REPRESENTATIONS OF ANY KIND ARE MADE AS TO THE EXPECTED USEFUL LIFE, IF ANY, OF THE STRUCTURAL j COMPONENTS AND MECHANICAL AND ELECTRICAL INSTALLATIONS MATERIAL TO I THE USE AND ENJOYMENT OF THE CONDOMINIUM UNIT(S). j' t Code Violations is I g To the best of the knowledge, information and belief of the undersigned, there are no outstanding notices of uncured violations of the building code or other municipal regulations of the County of Hawaii. Dated: October 1 , 1997 HAWAII GREENER PASTURES 1 PARTNERSHIP, a Hawaii General Partnership, 400/ iByt sOD .`"i'. L CAS, Managing Partner ja Developer j' 1 j August 16, 2020 IAlohaHawaiiCountyPlanningCommission, My name is Ann Ferguson and my business is Ann Ferguson Photography LLC based in Waikoloa, HI. I have been a wedding photographer on the Big Island for the past four years. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because I think that the improvements will allow them to serve their clients better as a wedding venue. Wedding venues are an important part of my business as a wedding and elopement photographer. Wedding location is typically a major decision factor for weddings and events. Sunshower Farms provides an amazing wedding location for weddings in Kona especially for couples looking for wedding venues beyond the hotels and beachfront z homes. They have hosted many weddings with raving reviews supporting their impeccable service. More importantly, more wedding venues or increased wedding and 7 event capacity for venues on the Big Island translates to more revenue for all weddings vendors such as myself. For this reason, I fully support the special use permit for Sunshower Farms LLC. Mahalo, nnellguson Ann Ferguson Photography LLC ann@annfergusonphotography.com www.annfergusonphotography.com Planning Dept. Exhibit 15 i q ,„fir August 18,2020 ti Aloha Hawaii County Planning Commission,I. My name is Ranae Bamsey and my business is EMotion Galleries a wedding photography business primary working on the Kona and t Kohala Coast of Hawaii Island. I support Sunshower Farms LLC's application for a wedding venue because it is one of the few venues that actually creates a proper working environment for wedding tt vendors. Major hotels not only dictate the independent contractors t- pricing structure, but they also take a finder fee of as much as 20% of our gross income. Sunshower Farms allows wedding vendors to set their own prices and does not charge us a fee allowing the i- income generated by the wedding to stay in the local community and not go to a national or international cooperation. Sunshower is good community member and an important part of the Big Island t wedding industry because they set a precedent of proper work relationships and the industry as a whole rising together. i Thank you for your consideration in adding our wedding industry on 1. the Big Island. Due to Covidl9 tourism and the wedding industry i has been suffering. Weddings will help rebuild out economy and i may be a sector for early recovery as weddings encourage family i groupings and safety within the groups relationship.z; Sincerely,t' x; Canae Bamsey r t i Planning Dept. Exhibit.135760 i c fir arfXr129 August 29, 2020 Aloha Hawaii County Planning Commission, My name is Clare Bobo and my business is Island Thyme Gourmet. We are a personal chef service and airline caterer located in Kailua Kona. I fully support Sunshower Farms LIC's application for a special use permit for a wedding venue. Our island has really limited places for wedding ceremonies and receptions outside of the resort hotels. The hotels prices are astronomical for weddings and many people, especially locals, can't afford to hold their celebrations there. As a long time caterer, our clients frequently ask where they can have their celebrations and still have us cater their food. Having independent venues helps all the caterers on the island stay viable. It also makes it possible to showcase the agricultural side of Hawai'i Island rather than the landscaped palm trees at the resorts. I've attended a couple of events at Sunshower Farms and have been impressed with their concern for their neighbors. We've been instructed to carpool and drive slowly to avoid creating dust and to keep traffic on the common road to a minimum. They are strong supporters of other small businesses including wedding planners, other caterers, bakers, florists, musicians and more. Having a beautiful venue for celebrations would be a great benefit to the island community and our visitors. Mahalo, Clare Bobo Island Thyme Gourmet clare@islandthymegourmet.com tanning Dept. 13 5 i 61 Exhibit 11' To the Hawaii County Planning Commission : I am Jileen Russell. I am the owner of Pu'u 0 Kumau Ranch and a Representative for Slow Food Hawaii (an International Food Network that educates and promotes good, clean and fair food for all). I am writing in- support-of Sunshower Farms and the application,form special use permit for a wedding venue. I own a Farm and it is difficult enough to find a market for what you produce as well as make make your expenses just from Farming. It is important to be able to expand your operation and invite tours and tourists to come and enjoy and experience. Hawaii needs to diversify beyond the resorts and hotels. The growth of vacation rentals has proven that people want more than just an experience at a resort or hotel. They want to see more of the Island than what is off the road. Weddings are a reason for many to come to Hawaii. It is an industry all to itself. People come to Hawaii and bring their Families and Friends. This service provides income and jobs to our island. Sunshower Farms is a good steward and community member on our Island. Please consider granting them this permit so they might grow and expand their business and continue the important work that they do for the benefit of Hawaii Island. Sincerely, Jileen Russell Pu'u 0 Kumau Ranch PO Bos 542 Kapa'au, Hi 96755 808-884-5825 jileen@kumau.com Planning Dept. 1357E Exhibit, le 4 1 t; August 14, 2020 KAREN E LOUDON.COM t 1 ii Karen Loudon Karen Loudon Photography 73-1172 Ahikawa St. i. Kailua-Kona. 111 96740 f> L Aloha Hawaii County Planning Commission, t- f t My name is Karen Loudon and my business is Karen Loudon Photography,based in Kailua-Kona, HI. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because this working farm is a beautiful property that exudes the heart and history of Holualoa, HI and should be enjoyed by many. tt Sunshower Farms is one of my favorite places to photograph weddings on the Island of Hawaii. I feel a peace, af.ii connection with nature, the farm animals and aloha whenever I'm there, as I look out on the beauty of the landscapes. It fuels my creativity as a photographer. i.The orchard tour at Sunshower Farms explains the entire coffee fanning process including seasonality, growth patterns,ripening,harvesting, pruning, orchard maintenance and pests, including the opportunity to meet and feed the weed control(their herd of sheep). Guests learn about how Kona coffee differs from other coffee world-wide. It's clear 1` how much Kate Hickey, the owner, loves the property, keeping the Holualoa coffee farming industry alive while sharing it with her guests. f. Sunshower Farms helps to support my business, Karen Loudon Photography. Sunshower Farms does not collect compensation or commission from me when 1 work there, and contributes to the overall economy of the island, particularly to the Kona area and the town of Holualoa. The Farm offers an alternative type of wedding venue to the big beach resorts on the Coast and most of their events bring in tourists. Sunshower Farms has very clear regulations that prohibit fire hazards and amplified music over 55 dch. All the vendors I have worked with at the ranch respect the regulations. I have photographed several weddings at Sunshower i' Farms and I have never observed the music ending later than 9pm.t- Please consider expediting the Special Permit Process for Sunshower Farms and allow them to host weddings and sharing their wonderful slice of old Hawai'i history with many more guests! l I. Thanks you for your consideration, Sincerely, i. li i li,./ 4.-- 2-11)1*" Karen Loudon Karen Loudon Photography Karenloudon.com 808-989-9167 karen(akarenioudon.com Planning Dept. 1 :; 5 7 6 3 A Exhibit.___..___ i i i,;-4 q ,5 a 33 September 3, 2020 Marty Cakes & Company, LIC POB 384690 68-1698 Hulu St Waikoloa, HI 96738-4690 Aloha and To Whom It May Concern: My name is Martin Rathbun and I have been a resident of the Island since 2009. I came here from Seattle to work with the Four Seasons Hotel as a pastry chef and I am still a staff member in reserve. I was also a principal investor/owner of Daylight Mind Coffee Company and Event Space until our closure in late 2019. Currently, I am the Executive Pastry Chef and owner of Marty Cakes Company, LLC, a cake, fine pastry and dessert company in Waikoloa and I am the principal provider of cakes and pastry for the event space at Papa Kona Events and Catering. I am a member of the Kona-Kohala Chamber of Commerce. I have been acquainted with Kate Hickey and Sunshower Farms, since early 2020. I was approached by Ms. Hickey to create cakes for her wedding and event operation while their principal cake artisan was on vacation. I have produced cakes for them on numerous occasions and delivered them to their location in Holualoa, above Kailua-Kona. s;' Sunshower Farms provides a unique location for event entertaining which showcases a panoramic view of the Kailua-Kona coast. One only has to read their online reviews to know they are recognized in the wedding and hospitality industry here on the Island as a favorite among wedding guests. When I have delivered to the location,the atmosphere has been industrious and upbeat with cheerful staff busily executing their duties in anticipation of arriving guests. One cannot overlook the challenges being faced in this time of COVID as they relate to re- establishing our businesses and being able to keep our citizens employed as we look forward a brighter future. I support Kate Hickey and Sunshower Farms in their efforts to continue in this direction. If I can provide any additional information or support, please do not hesitate to reach out. Warmest Alohas and Mahalos, Chef Martin Rathbun chefmarty@martycakes.com martycakes.com 808-250-5998 Panning Dept. 57 E ExhibiLIP____—_ I j I Letter of support for Sunshower Farms venue permit n!E,,,, 4. August 24, 2020 11:7-r,44' I Aloha Hawaii County Planning Commission, I My name is Shawn Steiman and I'm the owner of Coffea Consulting and Grok Coffee, businesses based on O`ahu. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because their business model enriches tourists' experiences and it supports the Hawai`i coffee industry in very good ways. For six years, I was a co-owner of a Kona-based business that hosted many weddings. Although that business no longer exists, I still encounter folks who married at our location. They still wax poetical about the experience and their enduring fondness of the Big Island. These are the people who become ambassadors for our communities and islands. Tourism will always be a part of our economy and supporting it in diverse ways helps all of Hawai`i, not just a single island. Just as importantly, the Hawai`i coffee industry has challenges not faced by nearly every other coffee industry on the planet. Our remoteness and justifiably high prices present difficulties every farmer here struggles with. Most of Sunshower Farms' coffee is sold at appropriate prices through their i wedding clients. Not only does this support the farm in general but it means every guest leaves with a taste and memory of one of Hawai`i's most important agricultural products. We need to support operations like this! I've known the folks at Sunshower Farms' since their early days as farmers. Their farm is beautiful, their coffee is delicious, and they are warm, friendly people. They do great justice to our community and giving them this permit only helps them expand the good things they're doing for themselves and our community. E; Mahalo, Shawn Steiman,PhD Coffea Consulting,www.coffeaconsulting.com Grok Coffee,www.grokcoffee.net steiman@coffeaconsulting.com Colic,Cons,dtin.3 241-4_Isn,inc 't, I-lonolulu, H!,96816 stein,,,,,©,-.011c,,,,,,Inns.con, • SOS=O23-o982 Planning Dept. I,ttp:oI!caconsultinq.coin V1 1 Exhibit 2/1 0,26,0„,e, Ursula Vietze LLC r P.O. Box 2652 808) 936 - 5701 phone Kailua-Kona, HI 96745 808) 325 - 5063 fax ursula.magicstrings(a,gmail.com http://www.magicstrings.com/ To whom it may concern: We greatly appreciate Kate Hickley with Sunshower Farms to u' provide a beautiful venue for weddings and special events. They provide work for us musicians and also for ministers, florists, catering etc, etc, etc. The venue is run very professionally and presents a beautiful "Hawaiian Style Atmosphere". Especially with no work at all for the last 4 months, due to the covid crisis we need all the work we can get and I am sure Hawaii needs all the tax money it can get from this business. Aloha Ursula Vietze owner of MAGIC SRINGS music. August 16, 2020 Planning Dept. Exhibit j.4 ' August 26, 2020 Aloha Hawaii County Planning Commission, Our names are Jim and Jane Morrill and we are the owners of American Sportsman Series Fishing Schools Inc. here in Kailua Kona, Hawaii. We are always looking for ways to enhance the experiences and economy of our local community. We thoroughly support other local businesses which look to do the same. The Big Island has long been a popular spot for two things: fishing and weddings! We believe that there are more creative and sustainable ways to fulfill these demands for both visitors and kama'aina alike than is currently offered. Sunshower Farms has created an organically beautiful and sustainable environment for agriculture as well as a sacred space for hosting weddings. This business supports many local residents financially and has been a 5 star rated venue for countless weddings and receptions. We fully support Sunshower Farms LLC's application for a special use permit for a wedding venue to enhance their ability to provide for their clients which will be a win win for the whole community. Their unique location high above the crowded downtown area offers a more authentic experience for their guests while not contributing to the traffic congestion that can overwhelm parts of Kailua Kona. Our local business men and women have been hit harder here in Hawaii than almost anywhere else in the US. Many will not survive which will only further delay ourti collective economic recovery. It is beyond important to support the local businesses that have shown exceptional strength and fortitude. Sunshower Farms has shown an incredible ability to flex with the demands that this year has brought and it is in the best interest of us all to see them continue to survive and thrive in the coming year. Mahalo, Jim and Jane Morrill American Sportsman Series Fishing School Inc captjimmorrill@gmail.com kalokofarms( gmail.com Planning Dept. Exhibit,_...:. ---- Aloha Hawaii County Planning Commission, My name is Luis Castillo and my business is Pacific Custom Concrete in Captain Cook. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because I understand the importance of strengthening our local economy during these uncertain times. I have worked with Sunshower Farms LLC in the past and I can attest to the fact that they are a company with the highest integrity and standards. They take pride in their work and their customers are extremely satisfied because of it. I sincerely hope they will be allowed to expand their business to include this much needed venue in Kona as I am confident their business will benefit other small businesses in the wedding and tourism industries. Thank you in advance for your kind consideration. Luis Castillo Pacific Custom Concrete luis@pacificcustomconcrete.com 808-980-4801 Planning Dept. Exhibit 2i Aloha Hawaii County Planning Commission, My name is Ana Rodriguez and my business is The Castillo Collective, located in Kealakekua Bay, Hawaii. We offer interior design services. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because I know that their company would bring a lot of much needed business to our island community. In addition, I have personally witnessed Kate and Doug Hickey hire other local and small businesses for services such as catering, flower decor, music etc. Supporting local businesses and strengthening our island economy has never been more important. I would love to see Sunshower Farms LLC have the opportunity to see their vision become a reality with an incredible wedding venue. Mahalo for your kind consideration! Ana Rodriguez The Castillo Collective infix«tliecastillocollective.corn www.thecasrillocollective.com 1HarmingDept. 3 5 7 9 Exhibit 7.6 Aloha Hawaii County Planning Commission, My name is Lauren Eaton, and I'm an artist and calligrapher in Captain Cook. I am in full support of Sunshower Farms LLC's application for a special use permit for a wedding venue because they regularly provide small business owners like me a unique opportunity to be involved in the community, while supporting myself from home. As a small town artist, opportunities to support myself can be hard to come by, and Sunshower Farms is a huge part of me staying in business. Kate and Doug go out of their way to reach out to local vendors, instead of importing goods from the mainland. Their venue is a perfect example of running a business with aloha. Sunshower Farms closure would be a hard hit for many small local businesses like myself, as they not only support us but enrich the local community as well. Every experience I've had with them has been excellent and again, they have my full support. Mahalo, Lauren Eaton Local Artist/Calligrapher Captain Cook Planning Dept. Exhibit 2.10 Aloha Hawaii Planning Commission, My name is Ellen Keehan, and I am a member of the musical duo, Honey Jar with Kristin Lagasse. We are writing today to vouch for Sunshower Farms as an important wedding venue in our community. The wedding industry employs many people in our tourist driven area and through each wedding there are hundreds of people hired to come together and put on some of the most beautiful displays of love one could ever see. Sunshower Farms has stunning views of the ocean and a seamless protocol to how the weddings are run and managed. Honey Jar has played at a wedding at Sunshower Farms and got to witness all the work, effort and WOman power that goes into one single evening. We are sending in our testimony today to encourage the powers that be to allow Sunshower Farms to continue to host weddings for people near and far to come, relax, and enjoy this perfect slice of paradise. Venues like Sunshower are extremely important to our business as musical performers as it gives us not only a venue to play but also an audience! There are very very few venues like Sunshower in West Hawaii and our community would be losing something very important if they were no longer allowed to host weddings. Thank you for your consideration, Honey Jar Ellen Keehan &Kristin Lagasse Panning Dept. Exhibit ti' Aloha Hawaii County Planning Commission, My name is Brianne Limani and my business is Runaway Digital LLC in Kona Hawaii. support Sunshower Farms LLC's application for a special use permit for a wedding venue. I have attended a wedding at Sunshower Farms and have witnessed how much joy the location and experience brings couples and their guests. As a local blogger and travel influencer, I think Sunshower Farms wedding venue will help attract destination wedding goers to the big island and have a positive impact on tourism. Sunshower farms gives couples a unique and intimate wedding experience that is unlike any other on the island. This diversifies the local wedding industry and adds a unique opportunity for engaged locals and visitors to choose from. Beyond the wedding Venue, Kate is a valuable asset to the community (from her coffee farm to her work with local farmers and women entrepreneur groups) and I would hate to see her close their business if they don't get approved. That's a loss that would be felt throughout the community. Mahalo, Brianne Limani Runaway Digital brianne@runawaydigital.com www.runawaydigital.com Punning Dept. Exhibit,. To whom it may concern, My name is Kiley Kelson and I own Hakus by Ki, a local floral business specializing in Hawaiian Haku Leis. I am writing this letter to reflect my overwhelming support for Kate Hickey and her business, Sunshower Farms.As a business owner in the wedding and event industry myself, I have seen the dire need for more event venues here in Kona. Kate's current venue is beautiful but can only hold a handful of people and she services a more tourist driven customer base because of this. I am a big advocate for serving the Kama'aina here on island as they are the ones who will sustain your business through the hard times (like we are in now). I believe with a venue expansion like the one Kate is trying to accomplish she will appeal more towards the local residents of the island as many locals are looking for a venue that can hold more people.This is a good thing for our local kona community. Our people deserve more gorgeous and affordable venues to choose from for their special occasions and I applaud Kate and Sunshower Farms for trying to be the ones who provide this to us. Thank you for your time and consideration. Mahalo Piha, Kiley Kelson of Hakus By Ki Planning Dept. Exhibi#__ Ri Aloha Hawaii County Planning Commission, My name is Aly Dove and my business is Aly Dove Photography LLC based in Kona, Hawaii. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because it helps attract clients for local small businesses like mine. The Sunshower Farms venue is unique in that it attracts both local and destination wedding clients. Most of my clients are interested in a venue where they can have a smaller, more intimate wedding with family and friends. Sunshower Farms is the perfect fit for my clients because it's more affordable than other venues, they use sustainable practices in both their farming and event planning, and they have an edge on the market for couples seeking an alternative to weddings at larger resorts. Sunshower Farms also supports and integrates a variety of local vendors into their events. From the florists to the caterers to the musicians and officiants, Sunshower Farms supports local farms and small business owners here on the island. In doing so, Sunshower provides their clients a holistic experience uniquely tailored to their couples while helping them experience the aloha spirit here in Hawaii. Kate and the Sunshower team truly care for and take care of their clients as well as the local vendors she hosts at her venue. I support their application for a special use permit for a wedding venue fully. ti Mahalo, Aly Dove Aly Dove Photography LLC alyssandradove@gmail.com www.alydove.com Planning Dept. Exhibit 30 i F- Aloha Hawaii County Planning Commission, My name is Michael and my business is Body Glove Cruises in Kailua Kona. I support t Sunshower Farms LLC's application for a special use permit for a wedding venue because Kona is in need of a more diverse selection of venues for events. Now more than ever do we need to do everything in our power to revive our economy. Every additional wedding that is booked is a boom to our local economy, with the accommodations, car rentals, dinners out, farm tours, and activity bookings made. i What truly differentiates Kate and Doug at Sunshower Farms from the rest of the venues is that they go out of their way to support the little guy. They always take care of small businesses, from bakers to florists to musicians they are always supporting local establishments for their events. Mahalo, Michael Bell i General Manager I Body Glove Ocean Adventures o:::::: :.com address: 75-5629 Kuakini Hwy.Cs Planning Dept. Exhibit, 3i e Aloha Hawaii County Planning Commission, 1 4 My name is Meredith Michael and I am a RN in Kailua Kona and small business owner. I support Sunshower Farms LLC's application for a special use permit for a wedding venue because the venue will help support local vendors and businesses as well as providing more jobs and benefit the community and tourism to Holualoa. With the special use permit for a wedding venue they will be able to continue to support other small businesses. I believe it would be difficult to continue to run the Farm without the additional income from the wedding venue permit and I would be very disappointed at the potential loss of valuable community members, farmers and opportunities to boost the economy in Holuoloo. Mahalo, Meredith Michael RN Hawaii croftwisehowoii.com meredithjmonello©yahoo.com Planning Dept. 1 :3 5 i i 1 Exhibit 3Z Aloha Hawaii County Planning Commission, My name is Bonita Lao and I own Laulima Food Patch in Kona and Queen's Table Catering. I am in support of Sunshower Farms' application for a special use permit for a wedding venue because the number of venues in our community has far-reaching impacts on many other local businesses - mine included. Without wedding and event venues that are not hotels and restaurants, private catering companies like mine would not survive. Private events are our bread and butter, and allow me to continue to grow my business and hire more employees. Also, Sunshower Farms in particular is the type of venue we need more of. They are unique in their location and offerings. And their focus on sustainable weddings is rare in the industry and particularly important for our island. Mahalo, Bonita Lao Laulima Food Patch and Queen's Table Catering hello@queenstablecatering.com https://queenstablecatering.com/ Panning Dept. Exhibit_ Aloha Hawaii County Planning Commission, My name is Heather Carvalho and I own and operate Spirited Cocktail Catering LLC. I support Sunshower Farms LLC's application for a special use permit for a wedding venue, as I feel they offer a unique experience on the Big Island as part of the wedding industry. Their farm-style approach offers a sustainable and authentic venue, and an option outside of hotels and other large industry venues. Sunshower also provides their clients with a diverse list of venders outside of the hotel community's preferred lists, extending work opportunities to other small businesses and helping to stimulate growth within our smaller communities. We are grateful to them for including us in their business ohana. Mahalo, Heather Carvalho Spirited Cocktail LLC spiritedcocktail@gmail.com www.spiritedcocktail.com Panning Dept. Exhibit S( n. I To whom it may concern, As the owner and business proprietor of a local catering company called Color Catering, I am writing in support for sunshower Farms to receive appropriate permits for their venue to continue servicing wedding clients here on the big Island of Hawaii. From a catering standpoint, their ability to host events has a significant impact, not only on my business but on many other vendors in the community who's businesses are interdependent on the availability of venues such as Sunshower farms. What's unique about how Kate and her team manages this venue that differs from an independent vacation rental is their unique position to be directly supporting all of the wedding vendors in terms of referrals for their clients and the attraction of many people to attend the events that support the economic interests of our island. I'm not familiar with the issues that any neighbors may have that might impede the permitting process, but my experience with Kate is that they are very courteous community members and take every measure to ensure noise levels are reasonable and impacts are minimum to surrounding properties. Being that we are in a rural agricultural area with more space between property, Big Island has a unique opportunity to host larger weddings and gatherings that do support many local businesses not just in the wedding industry. As a wedding professional for over 10 years, I can tell you that if we lose venues our potential wedding clients will choose other venues off island which is a loss to many businesses, not just the venues themselves. I feel it is a definite economic and social boost to our community at large to have venues such as Sunshower farms to showcase and support our rural agriculture to clients world wide. We depend on such alliances with our vendors to survive in these economic times. We are in this together! Thank you very much for your kind consideration in this matter to support this vital local business. Sincerely, Erin Pasco Color Catering Paauilo Hawaii 808-557-5507 colorcatering@gmail.com Planning Dept. Exhibits 4 5 Mori. Ashley From: Wendy Mitchell <wendym@hawaiiantel.net> Sent: Tuesday, September 08, 2020 11:04 PM To: Planning Internet Mail Subject: Written testimony to be considered by the Leeward Planning Commission Re: Kate and Doug Hickey's application for a Special Use permit (SPP 20 000218) - scheduled hearing on 09/21/2020 at 9:30am Aloha: Please consider the information contained in this email as written testimony against the Special Use Permit application by Kate and Doug Hickey(SPP 20-000218), scheduled for a hearing on 09/21/2020, from myself Wendy Mitchell) and my husband,Thomas Buckner. We are submitting a copy of an iPetition that we'd sent F to the property owners earlier this month. You'll note that twenty-seven (27)property owners have already signed the petition electronically, found as the last two attachments to this document, that indicates they also oppose the approval of this SUP application by the Hickey's. Some other comments are on the petition as well, which you'll note in the attachments below. Additionally, three property owners signed `hard' copies of the petition instead of accessing the petition on-line. Those three property owners are: William Duarte Jr., Wayne Duarte, and Allan Duarte. I've attached a copy of their signatures and comments (which 2 of the 3 had) into this email below. There are a total of ten (10) photos attached to this email. Again, please consider this our submission of written testimony in this pending matter which is scheduled for a first hearing on 09/21/20 at 9:30am via WebEx. z FYI, we also mailed you hard copies of these documents, which you should be receiving in a few days. Our physical address is: 76-1263 Waiono Ranch Rd, Holualoa. Hi. 96725. Our mailing address is: P. O. Box 392, Holualoa, HI. 96725. Our home telephone number is: (808) 322-4171. Wendy's cell no. is: 938- 4026. Tom's cell no. is: 937-4356. Please do not hesitate to contact me should you have any questions. Mahalo! Wendy Mitchell and Thomas Buckner Planning Dept. 1 135749 Exhibit, Q_._ Wa'ono Ranch Road Petition w*cheo o o` oF Fit;NG OF mrrtirt trit 20 aces zpeople have sig,md.Goat:5n We,the property owners of Waiono Meadows,a small agricultural corrinnunity North Konapetition the Leward Planning Commission in fcre ti nrnval of t Special Use Permit(SUP)application by Kate and Doug Hickey(of Sunshowe,Fanns LLC).The Hickeys are requesting a special permit to operate a venue for large-scale.,,4,4140,,: weddings and other events,along with the construction of a seven-bathroom pavilion ontheir 2O-acreCPR,agriculture-zoned parcel(TK8K#7'6-002:U28'O(01}. At present,the Hickeys have been opertrg an uri-permiaei and iilega wedding venue for over 3 years now on their 20-acre farm without ever notifying their surrounding neighbors of this business venture.We have recently been made aware oftheir intent ro grow their wedding business to at least one hjr-jred(100)weddings or more per year,in addition to other eventunder the guise of"agricultural oUhsno^ Furthermore,dleycontendthenurnberofpanyguestscou|dreach upwards of onee hund/ed and twenty-five(125)participants per event, not including rinus related vendors. Property owners and farm workers alike can om accesstheir farms and properdes using thissingle-lane more than familiar with hazards of our narrow,substandard farm road.There are numerous blispots, grades,and flooding issues that already affect the safety of drivers, passengers,and Association,there isnoroad rnaintenanceagreementlivestock.VVkhnoHmmeuw**r in place.This,inadd\dnntncthcrnahctyandUabiUtyi»suestha\\ndudeh\stV,ic flooding events in Holualoa,is cause for major concern among property owners. In contrast to these concerns,the Hickey's state in their Special Use Permit application that"traffic on Waiono Ranch Road is generally low"and"the proposedroposed use would generate amodest ioeasein raf5c o he u gcts|te"However,they admitdnao''heyanddpateupto^25Ovisiturspe/weekduringthekoumofschedu scheduleded events"that will last until 1Upm.They claim they vU|m ga these br0eevents by" requiring large groups(more than 20 cars)to utilize shuttleservice to bring guests toccu,m}dday ndin hetheCPRunic^They also state that''peakguest tnpmtimeseo early evening'and that"this traffic level is only a slight increase over existingresidentialandfarmlevels."Additionally,their application misleadingly states the average pavement width of the road as being"approximately 12 feet"when in reality it is closer to 10 feet wide in many areas.We all know how this makes it impossible for two vehicles to pass each other without pulling off the road and onto slippery terrain.As if this is not enough of a challenge,we also have zero(0)paved pull-offs, which they fail to mention in the road description they provided in their SUP application. in terms of impact to surrounding properties,they state in their application that'the desired use shall not adversely affect the surrounding properties." ru':m.oLv', o.eHu. RUT t^.mlvu/^'/t.u/a.e'yucm, uv") application,it is our hope that the Commission will Join us in protecting our 4-zoned properties.We respectfully ask for your careful consideration of our concerns. Matia|oouiboa, COMMENT' p S ' C 7--) 01,k k it 19,1 Lad eit/- / SIGNATURES atirsjtaon United States 4 hours ago dayst: aN."1-iBuckner United States 5 days ago 4-49 14 days ago Wendy Mitchell United States 5 days ago 2r-C- 6 2 - 01„ ciP 6 c, 74; F R4„,, cot-NEN1 J . Oppo +111‘.5 prf)ec-t -Fhefcit r In n7 th .c efi-tit)n RD ) SIGNATURES it4 I 711 41/1/1 4cIlahnTera°on United Statesph# 11567 16"61 4 hours ago P"Per41-1 ph _clog/ chlif:gasatickner United States 0;1 • 1417 t , 1,2Lig ki 5 days ago e 5 days ago 1-1-1. Wendy Mitchell United States 5 days ago m -1 -003 rt 441, SIGNATURES 4 hours ago 5< of 4,4117danielboitonUnitedStates 4 hours ago 5 days ago Thomas Buckner United States 5 days ago S days ago Wendy Mitchell United St=''" . upwards of one hundred and twenty-five(125)participants per event,not including various related vendors. Property owners and farm workers alike can only access their farms arid propertiesusingthissingle-lane Waiono Ranch Road.We ave more than taintliar with hazards ofournarrow,substandard farm road.There are numerous blind spots,potholes,steepgrades,and flooding issues that already affect the safety of drivers,passengers.and ilvestotk,f0With,flo,Homeqopex, .ere is no road maintenance agreement in place.This,in addition to other sa e an+flooding events in Holualoa,is cause for major concern among property owners In contrast to these concerns,the Hickey's state in their Special Use Per mitapplicationthat"traffic on Waiono Ranch Road is generally lOvic and"the proposedusewouldgenerateamodestincreaseintraffictothesubjectsite!'However,theyadmitthattheyanticipateupto"250 visitors per week during the hours of scheduledevents"that will last until 10 pm.They claim they will mitigate these large events byrequiringlargegroups(more than 20 cars)to utilize shuttle service to bring guests totheCPRunit."They also state that"peak guest trip times will occur mid-day and in the early evening'and that"this traffic level is only a slight increase over existingresidentialandfarmlevels."Additionally,their application misleadingly states theaveragepavementwidthoftheroadasbeing"approximately 12 feet"when in realityitiscloserto10feetwideinmanyareas.We all know how this makes it impossible for two vehicles to pass each other without pulling off the road and onto slipperyterrain.As if this is not enough of a challenge,we also have zero(0)paved pull-offs, which they fail to mention in the road description they provided in t application. In terms of impact to surrounding properties.they state in their application thg.:". desired use shall not adversely affect the surrounding properties.' C We,the property owners and neighbors to Kate and Doug Hickey,strongly opposethisSpecialUsePermitforweddingsandotherevents,and urge the - Planning Commission to halt this illegal venture and to immediately DENY.. r, application. it is our hope that the Commission will join us in protecting or properties.We respectfully ask for your careful consideration of our concerns. Mahal()nui loa. Share for Success COMMENTS Deborah Butterfield SeP 0.6 0'. Sep 2020 Waiono Ranch Road Petition ISI YienrlV Mhthet () orttft7 3 27 people Have stud-Goat 50 47 ers of Wai. o Meadows,a small agricultural community inWe,the property ow,North Kona,petition the Leeward Planning Contn?lSsion to forego the approval of€hSpecialUsePermit(SUP)application by Kate and Doug Hickey(of Sunshower l:arrns LLC).The Hi k°/ are_requesting'a special permit to operate a venue for large-seal weddings and other events,along with the co€tstructiori of a ven-aathroom pa ih0 on their 20-acre CPR,agriculture-zoned parcel(TIMK##7-6-uiaseS3t731i) Kelly Johnson Sep t'3.2020 Sep 03 2020 uu+ort nvOr rho. I strenuously ub,,uct totho us.'as our shared roadessentially a one Line dvieway rannals ps)ssibkippert th,ste-,et t.fafftiand it will tiake an advase1 pa.:t onthe quality o'O Iii L Johnson Sep 03 2020 Sep 03.2010 4."'** ii.ptshc. ti.trprNtite.skigde lane roadcannot support such traffic and would be aclotdetriment toON neiett.mwhooci mere would exist a clear safetyissue especially as concerns the road which is inufniied adrrveway tO rope-e.t.a.not a comnierctal avenue. Scott Craven z Sep 02.2020 IP". Sep 02,2020,' rePir Waiono Ranch Roadis too dangerous to handle law volumes of traffic.its asingle lane road,TV areas to putt spots,steep and covered with moss and also floods during rains.This Isnot asafe use of the road foralitndtviclo employees to the farms and ranches that have legal access.This would be adisaster waiting to hapi)en if appro too much liability toeven ronvder. Gary capriScp02,2020 Oaf road is inadequat I hope to continue thisclanversation ata laterdate.thank you. Cart Merrier sep 02 1020 Sep 02,2020 tpty 1 reptesent Merner Lard Company,and feet that undue use of the road cause further eros',on to the road.Anyon Ong the road to agitisitor degree than originally anticipated should be paying for road rttaintenanee toa area greahR degree,and the road 1041S not designed to support such actipry Janet T Bolton 02.2020 4+ Sep 02.2020 vp,nre Traffic Safery4a 01.4 private ROAD DOES NOT fiAV't APPROPRIATESITE WAKE.AND ) AREA TOPVT OVER. TO HAVE MORE TRAFFIC PUT ON IT. 0 N qk f §Si t b c jtc w m ai 2 weeks ago Thomas Buckner United States 2 weeks ago 2 week ago Wendy Mitcheq United States 2 wccks.go i f 3 t