A89-643 McClean Honokohau Properties

STATUS

A motion was filed on December 23, 2014, requesting the release and deletion of all conditions currently required of Petitioner.  The County of Hawai`i (“County”), State Office of Planning (“OP”), and Land Use Commission are internally reviewing the request.  The public may also review the document submitting below as well as the other documents associated with this docket.  A hearing on the matter was held on September 10, 2015 in Kona, island of Hawai`i.  At that hearing the Commission voted to release the following conditions:  4, 5, 7, 9, and 10; and the Commission continued the hearing.  The next hearing on this matter was scheduled for November 4, 2015, to be held in Kona, island of Hawai`i (see LUC Calendar and agenda for details).

 

LUC Notices and OrdersMotionsPetitioner FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Hawai`i FilingsPublic TestimonyAnnual ReportsOwnership Change

Order Granting Motion to Amend Petitioner Name and Correct Acreage of Petition (03/27/1991)

Findings of Fact, Conclusions of Law, Decision and Order (04/16/1991)

Order Granting Motion For Amendment to Finding of Facts, Conclusions of Law, and Decision and Order (08/22/1995)

Order Granting Motion For Extension of Time To Substantially Complete Increment 1 (05/01/1996)

*County of Hawai`i District Boundary Amendment for 12.294 acres (07/26/1996)

Order Granting Motion for Extension of Time to Substantially Complete Increment I (06/08/1999)

Decision and Order Approving Application for Increment II (06/27/2002)

Decision and Order Granting in Part and Denying in Part Petitioner’s Motion to Release, Discharge and Delete All Conditions, and COS (03/28/2016)

NOTICES:

Agenda Notice for May 2-3, 2002

Agenda Notice for June 20-21, 2002

Agenda Notice September 10, 2015

Agenda Notice for November 4, 2015

Petitioner’s Motion to Amend Petition For Land Use District Boundary Amendment dated January 23, 1991 (pdf)

Petitioner’s Motion For Extension dated April 01, 1996 (pdf)

Petitioner’s Motion To Release, Discharge and Delete All Conditions, in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991,  Memorandum in Support of Motion, Verification of James S. McClean, Exhibits 1-5, COS filed December 23, 2014 (pdf)

First Supplemental Memorandum and Exhibits of McClean Honokohau Properties in Support of Motion to Release Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991; Exhibits 6-20, Verification of James S. McClean, COS (pdf)

Second Supplemental Memorandum of McClean Honokohau Properties in Support of Motion to Release Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order entered April 16, 1991, COS

Third Supplemental Memorandum of McClean Honokohau Properties in Support of Motion to Release Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991, and Exhibits 21 and 22

McClean Honokohau Properties List of Witnesses, List of Exhibits 1 – 22, and Certificate of Service

**Service appears faulty as neither the State Deputy Attorney General for OP (Bryan Yee) or the County’s Deputy Corps Counsel (William Brillhante) have been identified or served.

Stipulation for Deletion of Certain Conditions 4, 5, 7, 9, 10 and 14 , COS filed by the Parties 9/10/15

 

Certified copy of Petitioner’s Declaration of Release of Certain Increment I Conditions recorded with the Bureau of Conveyances- SOH 5/27/16 as DOC A-59910923

OP’s Response in Partial Support of Petitioner’s Motion   to Release, Discharge and Delete All Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991

Exhibits 1 & 2

Exhibits 3-9

Hawaii County Planning Department’s Response to Petitioner’s Motion   to Release, Discharge and Delete All Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991 Annual Reports, COS

National Park Service Testimony (Dr. Jeff Zimpfer) dated September 10, 2015

In accordance with the LUC Decision and Order (04/16/1991) Condition No. 15: The Petitioner shall provide annual reports to the Land Use Commission. 

1992 Annual Report

1993 Annual Report

1994 Annual Report

1995 Annual Report

1996 Annual Report

1997 Annual Report

1998 Annual Report

1999 Annual Report

2000 Annual Report

2001 Annual Report

2002 Annual Report

2003 Annual Report

2004 Annual Report

2005 Annual Report

2006 Annual Report

2007 Annual Report

2008 Annual Report 

Hawai`i County letter supporting release of Conditions 4-7, and 10 for Increment I (08/18/2008)

2009 Annual Report (06/01/2009)

2010 Annual Report (06/24/2010)

2011 Annual Report (06/14/2011)

2012 Annual Report (06/25/2012)

2013 Annual Report (06/24/2013)

2014 Annual Report (06/17/2014)

2015 Annual Report (06/29/2015)

2016 Annual Report (06/28/2016) County Comments (09/28/2016)

2017 Annual Report (06/29/2017) County Comments (08/02/2017)

2018 Annual Report  (06/22/2018) County Comments (07/05/2018) County Comments (08/12/2019)

2019 Annual Report (06/21/2019) County Comment (12/26/2019)

2020 Annual Report (07/30/2020) County Comments (08/14/2020)

2021 Annual Report (06/22/2021) County Comments (08/02/2021)

2022 Annual Report (06/14/2022)

2022-2024 Annual Report (07/26/2024)

In accordance with the LUC Decision and Order (04/16/1991) Condition No. 14: The Petitioner shall notify the Commision of any intent to sell, lease, transfer of ownership, etc. 

Notice of Intent to Sell Lots (09/19/2016)