HomeMy WebLinkAboutCOM 0633.000 2006-2008 +~V os M
Harry Kim Dixie Kaetsu
Mnyor Martnging Director
'•.;4 Barbara Koslow
h'oi'M•~ Deputy Mnttoging Director
County of Hawaii
25 Aupuni Stree[, Room 2l5 Hilo, Hawaii 96720-0252 (808) 961521 I • Fax (808) 9616553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 3265663
August 20, 2007
Honorable Pete Hoffmann, Chairman
and Members of the County Council ' -
c:-
County of Hawaii rv
333 Kilauea Avenue
Hilo, HI 96720 ' -
:
Dear Chairman Hoffmann and Members: a
~hange of Zone (REZ 854)
Applicant: RS10 Kalaoa, LLC
Request: 5-Year Time Extension to Condition D of
Ordinance No. 97 56
Tax Map Key: 7-3-10:37
Planning Director Initiated
Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983
(2005 Edition, as amended) To Create a "Superstore" Zoning District, Which
Would be the Only Zoning District Where a "Superstore" Would be Allowed
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
C_~Yl~ur"" v'
Harry Kim
Mayor
Enclosures Comm. No. (Q 3 3
cc: Planning Department Ref. To: PL
Ref. Dare AU6 2 3 90Q~
~ a~ ~w+~
(Y 0/
C
' • • ;W
County of Hawaii
PLANNING COMMISSION
Aupuni Cen[er • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808)961-8288 Fax (808)961-8742
August 20, 2007
Pete Hoffmann, Chairman
and Members of the County Council
County of Hawaii
333 Kilauea Avenue, 2"d Floor
Hilo, HI 96720
Dear Chairman Hoffmann and Council Members:
Change of Zone (REZ 854)
Applicant: RS10 Kalaoa, LLC
Request: 5-Year Time Extension to Condition D of
Ordinance No. 97 56
Tax Map Key' 7-3-10:37
The Planning Commission, after a duly held public hearing on July 20, 2007, voted to
recommend for your approval the proposed legislative bill for an amendment to Condition D
(time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 97 56, which
rezoned approximately 10.283 acres of land from an Agricultural 5 acre (A-Sa) to a Single
Family Residential 10,000 square foot (RS-10) district. The property is located on the makai side
of Mamalahoa Highway, between Kona Coastview (Nana Street) and Kona Palisades (Holoholo
Street) Subdivisions, Kalaoa 4th, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
On April 7, 1997, the Hawaii County Council approved Change of Zone
Ordinance No. 97-56, which rezoned approximately 10.283 acres of land from an
Agricultural (A-Sa) to a Single Family Residential (RS-10) district. The applicant has
submitted a request fora 5-year time extension to comply with Condition D of Zone
Ordinance No. 97-56 (REZ 854), which states:
Hawaii County is an Egual Opportunity Provider and Employer
Pete Hoffmann, Chairman
and Members of the County Council
Page 2
"D. Final Subdivision Approval of the proposed residential subdivision within
the subject property shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance."
The applicant is in the process of subdividing and developing a total of thirty-four
(34) residential lots. Increment 1 has been completed, which consists of twenty (20) lots.
Increment 2 is pending until the applicant is able to obtain the required water
commitments from the Department of Water Supply for the remaining lots. According to
the applicant, they have graded the roadway to subgrade and have graded the lot pads for
Increment 2. They will commence construction once the water commitments have been
secured.
The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicants, successors or assigns, and that aze not the
result or their fault or negligence. To date, the applicant has expended considerable funds
for the 2"d increment of the project in preparing the roadway and lot pads. The applicant
is still in the process of obtaining the required water commitments from the Department
of Water Supply for the 2"d increment to allow them to construct infrastructure
improvements and receive Final Subdivision Approval. According to the Department of
Water Supply, the applicant does not have a water commitment for the 13 additional units
of water needed for the proposed Increment 2 of Kukuinui Subdivision. The necessary
water system improvements needed to provide the additional water for Increment 2 would
include, but not be limited to, additional source development. Prior to issuing a water
commitment, the developer would need to show the Department of Water Supply how
they propose to provide the additional source needed.
Approval of this request would not be contrary to the General Plan nor the
original reasons for the granting of the Change of Zone. Since the original approval of
the change of zone request, the General Plan has been amended. The General Plan Land
Use Pattern Allocation Guide (LUPAG) Map has been revised from Urban Expansion to
Low Density Urban in this area. Change of Zone Ordinance No. 97-56 rezoned
approximately 10.283 acres of land from an Agricultural (A-Sa) to a Single Family
Residential (RS-10) district. The original request to allow single family residential uses
continues to be consistent with the General Plan for this area. Additionally, the request is
not contrary to the original reasons for granting the change of zone.
For your favorable consideration, an amendment to Ordinance No. 97 56 is transmitted.
Pete Hoffrnann, Chairman
and Members of the County Council
Page 3
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Willi am, Chairman
Planning Commission
Lrsl0kalaoa02PC
Enclosures
cc: Mr. Gary E. Ashikawa
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources-HPD/Kona
DOT-Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BRS ] OKalaoa-REZ854.jwd-OS-23-07
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
RSIO KALAOA LLC
CHANGE OF ZONE ORDINANCE N0.97-56 (REZ 854)
AMENDMENT TO CONDITION D (SECURE FINAL SUBDIVISION APPROVALI
RS10 KALAOA LLC has submitted a request to amend Condition D (time to secure
Final Subdivision Approval) of Change of Zone Ordinance No. 97-56, which rezoned
approximately 10.283 acres of land from anAgricultural - 5 Acre (A-Sa) to a Single Family
Residential - 10,000 Square Foot (RS-10) district. The property is located on the makai side of
Mamalahoa Highway between Kona Coastview (Nana Street) and Kona Palisades (Holoholo
Street) Subdivisions, at Kalaoa 4`h, North Kona, Hawaii, TMK: 7-3-28: 82 through 102 (formerly
7-3-10:37).
APPLICANT'S REQUEST
1. Request: The applicant has submitted a request fora 5-year time extension to comply
with Condition D of Zone Ordinance No. 97-56 (REZ 854), which states:
"D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance."
The applicant also requested a 5-year time extension to comply with Condition C, but this
condition does not have a time requirement and, as of this date, the applicant is in
compliance with the requirements of Condition C.
2. Reasons for Request: The applicant is in the process of subdividing and developing a
total of thirty four (34) residential lots. Increment 1 has been completed, which consists
of twenty (20) lots. Increment 2 is pending until the applicant is able to obtain the
required water commitments from the Department of Water Supply for the remaining
lots. According to the applicant, they have graded the roadway to subgrade and have
graded the lot pads for Increment 2. They will commence construction once the water
commitments have been secured.
ATTACH: Cortm. 633
Bill 164
-1-
3. Supportive Information: The applicant, who is the landowner, has submitted the
attached in support of the amendment request. (Planning Department Exhibit 1 -
Amendment Request dated Apri14, 2007)
BACKGROUND INFORMATION
4. Apri17,1997: Effective date of Change of Zone Ordinance No. 97-56 (REZ 854)
approved by the County Council, which rezoned approximately 10.283 acres of land from
an Agricultural (A-Sa) to a Single Family Residential (RS-10) district. The applicant was
Kona Scenic Land, Inc. (Planning Department Exhibit 2 -Change of Zone
Ordinance No. 97-56)
5. Apri15, 2002: The Planning Department approved a 5-yeaz administrative time
extension to comply with Condition D of Change of Zone Ordinance No. 97-56 until
April 7, 2007.
6. September 27, 2004: Letter from Gary E. Ashikawa, Manager of RS10 Kalaoa, Inc.
agreeing to offer 3 lots for sale at affordable prices in compliance with the Affordable
Housing requirement in Condition K of Change of Zone Ordinance No. 97-56.
(Planning Department Exhibit 3 -Letter Dated September 27, 2004)
7. October 4, 2004: Acknowledgement letter from Planning Department for the Final Plat
Maps submitted for Increments I and II for Kukuinui Subdivision. Increment R is still
pending as of this date.
8. February 3, 2005: The date of the executed affordable housing agreement between the
applicant and the County of Hawaii. The applicant has agreed to offer for sale three (3)
single-family finished lots affordable to families earning up to 140% of the median
family income for the County of Hawaii. (Planning Department Exhibit 4 -Copy of
Agreement and Hawaii County Housing Agency Resolution No. 139)
9. February 24, 2005: Approval date for Final Subdivision Approval No. 7924, which is
the "Kukuinui Subdivision, Increment 1." (Planning Department Exhibit 5 -Final
Subdivision Approval Letter Dated February 24, 2005)
10. September 26, 2005: Date of the executed Release releasing RS10 Kalaoa LLC from
the requirements stated in the executed affordable housing agreement between the
applicant and the County of Hawaii for Increment 1. The applicant will be required to
-2-
meet the affordable housing requirements for the entire project by offering for sale three
(3) lots at affordable prices within Increment 2. (Planning Department Exhibit 6 -
Executed Release Dated September 26,2005)
DESCRIPTION OF STATE AND COUNTY PLANS
11. General Plan LUPAG Map: Low Density Urban.
12. State Land Use Designation: Urban.
13. County Zoning: Single Family Residential (RS-10).
14. Chapter 205A, HRS, Coastal Zone Management Program: The entire State of
Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone
Management Program is to guide and regulate public and private uses in the coastal zone
management area with respect to recreational resources, historic resources, public access
to the shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazazds, managing development, public participation, and beach
protection
15. Special Management Area (SMA): The property is not located within the Special
Management Area (SMA).
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
16. Subject Property: The property is approximately 10.283 acres in size and is irregular in
shape. The property is proposed to be subdivided into thirty four (34) residential lots.
Increment 1, consisting of twenty lots, has been completed. The remainder of the
property will be subdivided in Increment 2.
17. Surrounding Zoning and Land Uses: Surrounding properties are zoned A-Sa. There
are single-family residences and vacant residential sized lots within the adjacent Kona
Palisades and Kona Coastview Subdivisions. The Kona Palisades and Kona Coastview
Subdivisions are situated within the State Land Use Urban District and are zoned
Agricultural (A-Sa) by the County. However, these subdivisions are essentially non-
conforming residential sized lots ranging between 8,000 to 20,000 squaze feet.
18. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
19. ALISH Map: Existing Urban Development.
20. Soil Survey: Punaluu extremely rocky peat, 6 to 20 percent slopes (rPYD).
-3-
21. FIRM: Zone X, an area outside the 500-year flood plain.
PUBLIC FACILITIES
22. Access: Access to the proposed Increment 2 of the Kukuinui Subdivision will be from
Kukuinui Street, which is a County owned and maintained roadway with a 50-foot right-
of-way with a 20-foot wide pavement. Access to Kukuinui Street is from Holoholo
Street which connects to Kaiminani Drive within the Kona Palisades Estates and/or Nana
Street which connects to Ahikawa Street within the Kona Coast View Subdivision.
Holoholo Street has a 50-footright-of--way with a 20-foot wide pavement. Kaiminani
Drive, which serves as the primary mauka-makai connector road between Hawaii Belt
Road and Queen Kaahumanu Highway, has a 60-foot right-of--way with 24-foot wide
pavement.
23. Water: Increment 2 is pending until the applicant is able to obtain the required water
commitments from the Deparhnent of Water Supply for the remaining lots. According to
the Department of Water Supply, the applicant does not have a water commitment for the
13 additional units of water needed for the proposed Increment 2 of Kukuinui
Subdivision. The necessary water system improvements needed to provide the additional
water for Increment 2 would include, but not be limited to, additional source
development. Prior to issuing a water commitment, the developer would need to show
the Department of Water Supply how they propose to provide the additional source
needed.
24. Wastewater: According to the Department of Health, the property is located in the
Critical Wastewater Disposal Area where cesspools are not allowed. Any development
on this lot would require all wastewater be disposed into a Septic Tank System or into
public sewer when accessible. At this time, County sewer is not available to the property.
25. Utilities: All other essential utilities and services are available to the property.
AGENCIES' COMMENTS
26. Department of Water Supply: (Planning Department Exhibit 7 -May 16, 2007
Memo)
27. Department of Environmental Management: (Planning Department Exhibit 8 -
April 19, 2007 Memo)
-4-
28. Police Department: (Planning Department Exhibit 9 -May 1, 2007 Memo)
29. Fire Department: (Planning Department Exhibit 10 -May 7, 2007 Memo)
30. Office of Housing and Community Development: (Planning Department Exhibit 11
- Apri127, 2007 Memo)
31. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 12 - Apri120, 2007 Letter)
32. Department of Transportation: (Planning Department Exhibit 13 -May 10, 2007
Memo)
AGENCIES - NO RESPONSE
33. Department of Public Works, Department of Land and Natural Resources-State
Historic Preservation Division, Department of Health, Department of
Transportation, State Land Use Commission and Natural Resources Conservation
Service.
PUBLIC COMMENTS
34. As of the date of this writing, the Planning Department has not received any comments or
objections from the general public or adjacent landowners on the subject request.
-5-
RS 10 KALAOA, LLC
P.O. Box 789 Kealakekua, Hawaii 967St1., j
Telephone: (808)322-4000 FAX: (808)324-771A.~.. i ~ ,
Apri14, 2007
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street (Suite 3)
Hilo, Hawaii 96720-3043
Deaz Mr. Yuen:
SUBJECT: EXTENSION OF TIME
Ordinance No. 97-56
Change of Zone from A-Sato RS-10
Kalaoa 4th, N. Kona, Hawaii
TMK:(3)7-3-10:37
We respectfully request for an extension of time of five (5) yeazs to satisfy conditions C and D of
the subject Ordinance. Enclosed herewith is our filing fee in the amount of TWO HUNDRED
FIFTY DOLLARS ($250.00).
Since we aze still in the process of obtaining the required water commitments from the Depaztment
of Water Supply, we have not been able to construct the infrastructure improvements nor receive
final subdivision approval for Increment 2, as specified under condition C. For your information,
we have graded the roadway to subgrade and the lot pads for Increment 2, and will commence
construction when we secure the required water commitments.
The following is an updated progress report on the subject Ordinance:
1. Condition B - We have paid for the water commitments for Increment 1, and will pay for the
water commitments for Increment 2 when we obtain the water commitments.
2. Condition D -The Planning Department granted tentative approval of the Preliminary
Subdivision Plat Map fora 34 lot residential subdivision on July 15, 1998 (Sub 98-070), and
granted final subdivision approval of the Final Plat Map for Increment 1 (20 lots and remnant
Increment 21ot) on February 24, 2005.
3. Condition E - We prepared a Declazation of Restrictive Covenants between RS10 Kalaoa,
LLC end the County of Hawaii, which prohibits the construction of an ohana dwelling or a second
dwelling on each lot, recorded at the Bureau of Conveyances on February 11, 2005 (Document
No. 2005-060598).
4. Condition F - We constructed the extension ofHoloholo Street to County dedicable standards
through the subject property and connected to Nana Street and dedicated the extension to the
Planningep#, ~ ~
Exhibit -
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
Apri14, 2007
page 2 '
County of Hawaii on April 6, 2005, by way of a Dedication Deed, recorded at the Bureau of
Conveyances (Document No. 2005-090326).
5. Condition I -The Archaeological Inventory Survey report for the subject property was
approved by the Department of Land and Natural Resources, Historic Preservation Division
(DLNR-HPD) on July 9, 1997. A subsequent Data Recovery Report was approved by DLNR-
HPD on December 3, 2004.
6. Condifion J - We made a fair share contribution in the amount of $86,597.46 for the 201ots
in Increment I to the County of Hawaii on February 4, 2005. We will make the balance of the fair
share contribution payment for Increment 2 prior to final subdivision approval.
7. Condition K - An Agreement between RS 10 Kalaoa, LLC and the County of Hawaii regarding
the affordable housing requirements was made, which Agreement was recorded at the Bureau of
Conveyances on February 3, 2005 (Document No. 2005-032774).
8. Condition M - On Apri15, 2002, the Planning Department granted an initial administrative
extension of time until Apri17, 2007.
Should you have any questions regarding the foregoing, please call me at 322-4000.
Sincerely,
RS 10 KnL`On,~LL~C~.
G ~AShlkawa,,P.E.
GEA: ga
C:~DOC~mIS ~d SarivgsVelYN4y Da.'®m1s~~s10 kalmnbx~ms®offimo1-2-07.wpd
~~U~~ ®F` I~IAWAII ~~'A'I'E IiAWAII
r
,,~V BILL NO. as
r (Draft 3)
9'7 5~i
1~ ' ORDINANCE NO.
.
AN`f3RDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO
SINGLE FAMILY RESIDENTIAL (RS-10) AT KALAOA 4TH, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-10:37.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following azea situated at Kalaoa 4th, North
Kona, Hawaii, shall be Single Family Residential (RS-10):
Beginning at the Northeasterly corner of this pazcel of land, being also the
Northwesterly comer of Lot 47-B-1 of this subdivision and being a point on the Southerly
side of the Alanui Kauhini (Government Road), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being
6,099.80 feet South and 14,461.33 feet West and running by azimuths measured
clockwise from True South:
1. 4° 00' 510.10 feet along Lot 47-B-1 of this subdivision
and along the remainders of Lot 47-B and
Grant 3750 to Kahananui to a point;
2. 99° 20' 906.51 feet along Lots 89, 88, 79, along the
Northerly end of Hotoholo Street, along
Lots 188, 187, 186, 185, 184 and 183 of
Kona Palisade, Unit II (File Plan 1087) and
along Grant 2972 to Kaapau and Kama to a
point;
3. 89° 31' 389.76 feet along Lots 183, 182, 181, 180, 179 and
t 78 of Kona Palisade, Unit II (File Plan
1087) and along Grant 2972 to Kaapau and
Kama to a point and passing over a spike
(Foundl at 344.00 feet;
Planning Dept.
Exhibit Z
4. 181 ° 52' 20" 213.42 feet along Government Land (State of
Hawaii) to a point;
Thence, for the next three (3) courses following along the Southerly side of the
Alanui Kauhin+ (Government Road):
5. 262° 31' 763.06 feet to a point;
6. 263° 59' 468.25 feet to a point;
7. 267° 52' 30" 90.70 feet to the point of beginning and containing
an azea of 10.2830 Acres.
All as shown on the map attached hereto, mazked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. The subject property shall be subdivided in two increments. The fast increment
shall consist of a maximum of twenty-four (24) lots based upon the units of
water available and committed to the applicant by the Department of Water
Supply. Subdivision for the second increment shall be submitted only after the
Department of Water Supply grants to the applicant the necessary water
commitments for each of the proposed lots of the second increment. No
variance from the minimum water requirements for any portion of the subject
property shall be granted.
~ i
l I
D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be sr~ured from the Planning Director within five (5) yeazs
from the effective date of this ordinance.
E. Restrictive covenant in the deeds of all proposed residential lots within the subject
property shalt prohibit the construction of an ohana dwelling or a second dwelling
on each lot. A copy of the proposed covenant to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances in conjunction with the
issuance of Final Subdivision Approval for any portion of the subject property. A
copy of the recorded document shall be provided to the Planning Department
upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision approval for any portion of the subject
property, Holoholo Street shall be extended through the subject property to
connect with Nana Street and constructed to dedicable standazds with paved
swales, meeting with the approval of the Department of Public Works. This
roadway connection from the dedicated portion of Holoholo Street to Nana Street
shall be dedicated to the County of Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of
the Department of Public Works. Improvements within the proposed subdivision
shall include underground utilities.
H. Drainage improvements, if required, shall be constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
-3-
I. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell coir.centrations or human burials, be encountered, work in the
immediate azea shall cease and the Department of Land and Natural
;resources-Historic Preservation Division (DLNR-HPD) si.all be immediately
notified. Subsequent work shall proceed upon an azchaeological cleazance from
the DLNR-HPD when it finds that sufficient mitigative measures have been taken.
J. The applicant shall make its fair shaze contribution to mitigate the potential
regional impacts of the subject property with respect to pazks and recreation, fire,
police, solid waste disposal facilities, and roads. The amount of the fair shaze
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelo~v
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair shaze
contribution due and payable prior to final subdivision approval of each increment
shall be a sum calculated in the same manner according to the number of
additional proposed residential lots in each such increment. The fair shaze
contribution may be in a form of cash, land, facilities, or any combination thereof
acceptable to the director in consultation with the affected agencies. The fair
share contribution shall have a maximum combined value of $7,239.16 per lot.
Based upon the applicant's representation of intent to subdivide and develop up
to thirty-four (34) residential lots, the indicated total fair share contribution is
$246,131.44, however, the total amount shall be increased or reduced in
proportion with the actual number of subdivided lots according to the
calculation and payment provisions set forth in this Condition J. The fair share
contribution shall be allocated as follows:
1. $3,490.85 per lot, for an indicated total of $118,688.90 to the Counry to
support park and recreational improvements and facilities;
-4-
l k
i 1
2. $168.40 per lot, for an indicated total of $5,725.60 to the County to
sup:;ort police facilities;
3. $332.61 per lot, for an indicated total of $11,.,J8.74 to the County to
support fire facilities;
4. $145.62 per lot, for an indicated total of $4,951.08 to the County to
support solid waste facilities;
5. $3,101.68 per lot, for an indicated total of $105,475.12 to the State or
County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (RCPT). In lieu of
paying the fair share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets (exclusive of interior subdivision roads), as
set forth in Conditions F, shall be credited against the sum specified in
Condition J(5) for road and traffic improvements. For purposes of
administering Ccndition J, the fair market value of land contributed for such
roadway segment and the cost of constructing its improvements shall be subject
to the review and approval of the director, upon consultation with the
appropriate agencies.
1 K. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall secure the concurrence i~f the Office of
Housing and Community Development that the applicant's affordable housing
requirements, if any, have been mutually agreed to prior to Final Subdivision
Approval for any portion of the subject property.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towazds the requirements of the Unified Impact Fee
Ordinance.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year ma}' be extended for up to one additional yeaz).
-6-
` l ~
N. Should any of the conditions not be met or substantially complied with in a timely
• fashion, the Director may initiate rezoning of the subje~ t azea to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED Y:
G'
. IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: March 19, 1997
Date of 1st Reading: March 19, 1997
Date of 2nd Reading: April 2, 1997
Effective Date: April 7, 1997
APPROVED AS TO FORM AND LEGALITY
( - /J
DEPUTY CORPORATIONUCOUNS/EL
DATED: r ~ 7
-7-
°NF
A a A I
T F A-IP
A 5•
A-5a
I TRUE NORTH
_ Scale . 1 600
ar
A 5. RS-10 A-IP
A-~• A-5•
A- • A-I•
°
A 5.
MI•MI
A I. A IP
A-5• KONA
KONA
A 5. r
5 • A-IP
~ A la
6,099.80 5 ~
14,467.33 W ONA /1 t; RES
~MOANUWHEA"A
L OAST VIEW Z
Z PALISADE
A- .
A 1.
A SP A I.
~ ~o
A I•
t
ATP
SU9DIVISION ~ SUBD.
J
A-5• _ °
A- ~ m s A I• A '
n A-I~ 5- O
A 5
x
RS 20 A-
0
i
A-5• e
0
E
AGRICULTURAL (A-Sa) TO SINGLE •P• x RS-ZO qs 20 ~ A- .
FAMILY RESIDENTIAL (RS-10) ~
AREA 10.2830 ACRES A 5
A-5•
1
RS-15
1
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KALAOA 4TH, NORTH
KONA, HAWAII.
PREPARED BY :PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-10:37 JANUARY B, 1997
EXHIBIT ~A~~ (ROF21 SCENIC uwD. INC.)
E ?
' i
OFFICE OF THE COL)NtY CLEIi
y County of Hawaii
Hilo Hawaii
r~,r-•~ ~r-r~
(DRAFT 3R`-`'_,
R(TL'~. ~L~l?OTE
_ AYES NOES ABS i FX
Introduced By: Bobby ean i h ad_ iYr1A ,qr ° i
Date Introduced: March 19, 1997 Chung X
First Reading: March 19, 1997 Leithead-Todd K
Published: March 27, 1997
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagon X
9 0 0 ~ 0
' ROLL CALL VOTE
Second Reading: April 2, 1997 AYFS NOES ABS I Ex
To ivlayor: 8pri 1 'i, 1997
Resumed: April 7, 1997 '°'r~I" X I
Effective: April 7, 1997 Chung X
Published April 15, 1997 Leithead-Todd X
Ray X ~
REMARKS: Reynolds 7;
Santan elo X
Smith X
ler X
Ya on
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. AARROVED AS TO
F~M AN/D L G LITY:
~~T-~.i-~(~---~~-.~~-.+---- O CIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY O/F/HAS}WA-7II
Dote /7 / COUN7YCLERK
Approved/9i^sQpprnvtd this 7 day
of ~-.~.~L . 19_~.
_ ~ C
MAYOR, COUNTYOF1fAWA71 BillNo.: 48 (Draft 3 )
C-161/PC-35
Referrncr.
Ord No.:
~t~
S
RS10 KALAOA, LLC
P.O. Box 789 Kealakekua, Hawaii 96750
Telephone: (808)322-4000 FAX: (808)324-7710 2g
PLANNiAfta C.'1=P,AF;f~T
September 27, 2004 CC~UACtY C1F H/1~~1
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street (Suite 3)
Hilo, Hawaii 96720-3043
Deaz Mr. Yuen:
f
SUBJECT: SATISFACTION OF ZONING CONDITION K~`
KUKUINIJI SUBDIVISION
Subdivider: RS10 Kalaoa LLC , ~ ~
Ordinance No. 97-56 v'
Kalaoa 4'", North Kona, Hawaii
TMK:(3)7-3-10:037 (SUB 98-070)
In accordance with and in satisfaction of Section 2, Condition K of Ordinance No. 97-56, County
of Hawaii ResolutionNo. 212-04, and Housing AgencyResolutionNo.139,please be informedthat
RS10 Kalaoa LLC agrees to offer for sale, on site vacant Lots 2, 3 and 8, as described on the
Kukuinui Subdivision, Increment II Final Plat Map prepared by Wes Thomas Associates, dated
September 17, 2004, at affordable prices. As agreed, these three (3) lots will be offered for sale
upon the completion of construction of Increment II.
The affordable sale prices of Lots 2, 3 and 8 will be established by using the County of Hawaii
formula for an affordable house/lot price for a family of four (4) with 140% of the 2004 median
income, as defined in the County of Hawaii Affordable Sales Guidelines, and then deducting the
estimated cost of a two (2) bedroom, one and a half (1-1/2) bath single family dwelling, with 1,000
squaze feet of living azea, and with a two (2) caz garage. For your information, we aze estimating
the cost of a house with a 1,000 square foot living area, because the CC&R's for these three (3) lots
will have a condition for a house with a minimum living area of 1,000 square feet.
Should you have any questions regazding the foregoing, please call me at 322-4000.
Sincerely,
RS10 KA(LAOA, LLC
~J C Gd
~ry E. Ashikawa, Manager
GEA: ga
C:1Documents end Settingsu{SL1~My DaumentstR5I0 kalaae LLCVnilminvi subdlSLU-R&Z1u-satisfy eonditionKwpd ~ ~
ec: Hawaii County Housing Agency i/
Planning De~pt•
Exhibit
3 xtY O! N~ -
~yU~ 1;'
Harry Kim W~, • Edwin S. Taira
Mayor ~ Housing Administrator
•~i' w•:'
~r~ 6G•x~al
r-~ ~ ~ r~ountp of ~ab~aif
F'.:': ' OFFICE OF HOUSING AND
CONI~VIUNITY DEVELOPMENT
' ~ ~ 3q WaBuku Ihiw • Irib, Hawaii 96720.2484
V?T (808) 961-8379 • FAX (808) 961-8685
February 4, 2005
TRANSMITTAL
Gary Ashikawa
P. O. Box 789
Kealakekua, Hawaii 96750
Subject: RS10 Kalaoa, LLC
TMK: 3/7-3-10:37
We are transmitting the following items Por Recordation:
COPY Dated Description
Orig.+2 02/03/05 Agreement
Remarks•
The Office of Housing and Community Development (OHCD) is
transmitting the executed affordable housing agreement. Please
provide the OHCD with a recorded copy of the document.
The OHCD wishes you well with your project. If you have any
questions or need additional information, please call us at
961-8379. Thank you.
r
Signed: ~f/~ - Planning De'pt•
Edwi Taira
/ Housing Administrator EXhlbl~'
C: y Chris Yuen, Planning Director r'~~~pa~~
5103dt1w ~
EQUAL HOUSING OPPORTUNITY
"MAWAPI COUNTY IS AN EQUAL OPPORTUNITY
PROVIDER AND EMPLOYER'
~a
LAND COURT SYSTEM REGULAR SYSTEM
AFTER RECORDATION, RETURN T0:
Return by: Mail [ ] Pickup [ ]
AGREEMENT ~,Z°
This Agreement made this day of / ,
20 by and between RS10 Kalaoa, LLC, a Hawaii limited
liability company, hereinafter referred to at times as "RS10K",
whose principal place of business and post office address is
Post Office Box 789, Kealakekua, Hawaii 96750; and the COUNTY
OF HAWAII, hereinafter referred to at times as "County", whose
principal place of business and mailing address is 25 Aupuni
Street, Hilo, Hawaii 96720.
WHEREAS, RS10K owns approximately 10.28 acres of land at
Kalaoa 4th, North Kona, Hawai i, covered by Tax Map
1753Lrmj
Key (3) 7-3-10:37, hereinafter referred to as the "Property";
and
WHEREAS, on April 7, 1997, Change of Zone Ordinance No. 97-
56 became effective. and rezoned the Property consisting of tax
map key (3) 7-3-10:37 from Agricultural (A-5a) to Single Family
Residential (RS-10); and
WHEREAS, RS10K, the owner of the land subject to Ordinance
No. 97-56, desires to develop on the Property, a 39-unit
residential project consistent with Single Family Residential
zoning; and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 97-
56 for the Property further requires that the applicant shall
comply with the requirements of Chapter 11, Article 1, Hawaii
County Code, relating to Affordable Housing; and
WHEREAS, RS10K has evaluated the various options available
to satisfy the affordable housing goals and policies of the
State of Hawaii and County of Hawai i.
NOW, THEREFORE, in consideration of the mutual covenants in
this Agreement, the parties hereby agree that RS10K shall offer
for sale three (3) single-family finished lots affordable to
families earning up to 140 of the median family income for the
County of Hawai i. These units, with a minimum lot size of
10,000 square feet of land area, shall sell for a maximum of one
hundred twenty five thousand dollars ($125,000.)
1753Lrmj z
A. AFFORDABLE HOUSING CREDITS
In consideration of the mutual covenants in this
Agreement, and pursuant to County Code, the parties hereby
agree that upon the development and sale of the affordable
units as described herein, the developer RS10 Kalaoa, LLC
shall be awarded a total of three (3) affordable housing
credits. The credits shall be used to satisfy Condition K
of Ordinance No. 97-56.
B. SALES PROVISIONS
The affordable units shall be sold to qualified
purchasers within the 140 median income group. RS10K
shall make a sincere and earnest effort to advertise
and publicize the availability of the affordable
units.
C. GENERAL PROVISIONS
1. This Agreement shall be filed by RS10K with the
Land Court of the State of Hawaii or the Bureau
of Conveyances of the State of Hawaii, whichever
is applicable, and shall be noted on the Transfer
Certificate of Title and Certificate of Title for
the property, if applicable. Full compliance
with Condition K of Ordinance No. 97-56 shall not
occur until all three (3) affordable units in the
Property are sold pursuant to the terms and
1753LCmj 3
j
conditions herein. Upon determination of full
compliance, a release of this Agreement shall be
executed by the parties hereto and filed and
noted with the Land Court or Bureau of
Conveyances, as applicable. The County shall
release the lots created in phase one or
increment one and shall secure this agreement
with the remaining bulk lot, intended to be
subdivided at a later time as phase two or
increment two.
2. Neither this Agreement nor any provisions hereof
may be amended, waived, discharged, or
terminated, orally or in any manner other than by
an instrument in writing signed by the parties
hereto, or their respective successors and
assigns.
3. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their
respective successors and assigns. The parties
agree to execute whatever other documents are
necessary to effectuate and carry out the intent
of this Agreement.
1753Lrmj 4
~ ~
IN WITNESS WHEREOF, the parties have executed these
presents on the day and year first above-written.
RS10 Kalaoa, LLC
~ (
G y Ashikawa Manager
Date: /~22~Dy
RECOMMEND APPROVAL:
Edwin S. Taira
Housing Administrator
Date: p/~~~dS~
COU(NTY~I OFD ~H~AWA~I I
gy \/~~U~~`""0 Y
~m DIXIE KAE150 rr~
Its Ma~a~ Managing Director
Date: FEB ~ 3 1005
APPROVED AS TO FORM
A!N~D LEGALITY: Q
By i (~N~-~ ~ •~i~--Z_~
Deputy Corporation Counsel
Date : ~1 ~
I
1753Lrmj 5
,
STATE OF HAWAI I )
SS:
COUNTY OF HAWAI I )
On this ~"~~-day of J~~`~'-"~'~ , before me
personally appeared Gary E. Ashikawa , to me known
to.be the person described in and who executed the foregoing
instrument and acknowledged to me that he executed the same as
his free act and deed.
Notary Public, State of Hawaii
~ S , My commission expires: ~
I
1753LZmj 6
r
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of f~ 6~ , 2005, before me
personally appeared DIXIE KAETSU, to me personally known, who, being by me duly
sworn, did say that she is the Managing Director of the County of Hawaii, a municipal
corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is
the corporate seal of said County of Hawaii; that the foregoing instrument was
signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii
(2000), as amended, and assigned by the Mayor to the Managing Director pursuant
to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged
said instrument to be the free act and deed of said County of Hawaii.
VI INIA M. TOLENTINO
N tary Public, State of Hawaii
My commission expires: 4/22/2005
~~~;titu~,in.
=
~ssi
s+~.~°bg~tG ~
~o
i • ~ ~
~b~q~tOF,1r~
J ) \
TATE OF HAWAII )
SS:
CO Y OF HAWAII )
On is day of before
me personal appeared HARRY KIM, to me personally known, who,
being by me dul sworn, did say that he is the Mayor of the
COUNTY OF HAWAII, municipal corporation of the State of
Hawaii; that the sea affixed to the foregoing instrument is
the corporate seal of sai County of Hawai i; that the foregoing
instrument was signed and se ed in behalf of the County of
Hawaii by authority given to s 'd Mayor of the County of
Hawaii by Section 5-1.3(g) of the ounty Charter, County of
Hawaii (1991), as amended; and said Y KIM acknowledged said
instrument to be the free act and deed of aid County of
Hawai i .
Notary Public, State of Hawai '
My Commission expires:
ll53Lrmj ~
HAWAII COUNTY HOUSING AGENCY
Resolution No. 139
RESOLUTION APPROVING SATISFACTION OF CONDITION ^K" OF ORDINANCE
NO. 97-56 BY RS10 RALAOA, LLC
WHEREAS, RS10 Kalaoa, LLC, is the owner of approximately
10.28 acres of land at Kalaoa 4th, North Kona, Hawai i, covered
by tax map key 3/7-3-10:37; and
WHEREAS, on April 7, 1997, Change of Zone Ordinance No.
97-56 became effective, which changed the district
classification from Agricultural (A-Sa) to Single-Family
Residential (RS-10); and
WHEREAS, Condition "K" of Change of Zone Ordinance
No. 97-56 requires compliance with the requirements of
Chapter 11, Article 1, Hawaii County Code, relating to
Affordable Housing; and
WHEREAS, residents of West Hawaii cannot find affordable
housing units to purchase or to rent; and
WHEREAS, pursuant to Chapter 11, Section 11-4 (c) of the
Hawaii County Code, the Office of Housing and Community
Development is recommending that RS10 Kalaoa, LLC, satisfy
Condition "K" by producing affordable housing units.
NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY
HOUSING AGENCY that pursuant to Chapter 11 of the Hawaii County
Code, RS10 Kalaoa, LLC, be required to develop three (3)
finished lots or affordable units, either for rent or for sale,
at prices that meet the affordable housing guidelines, on site
or within a thirty (30) mile distance of the property.
BE IT FURTHER RESOLVED, that this resolution shall take
effect immediately.
Dated at Hawaii, this day of ,
2004.
HAWAII COUNTY HOUSING AGENCY
G Y A RI , irperson
R YNO DS, V e-C airperson
J Y ARA I, Member
(absent and excused)
AARON CHUNG, Member
EN NG EL ~RION FF, Me
~G:._.
DR. FRED HOLSCHUH, Member
(does not concur)
BOB JACOBSON, Member
(abaent and excused)
CHAEIi, C T LANG, Member
v
J. TIS TYL R, III, Member
JaSY OF N,~
4~~
Hany Kim "'W Christopher J. Yuen
Mayor Dlrectar
••r P~
qrE ••f•HF-t~
Roy R. Takemoto
Deyury D(rcclor
(t~nixnf~r of ~ttf~rtttt
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742
Febroary 24, 2005
Gary E. Ashikawa, Manager
RS10 KALAOA, LLC
PO Box 789
Kealakekua, HI 96750
Dear Mr. Ashikawa:
FINAL SUBDIVISION APPROVAL N0.7924
SUBDIVISION AGREEMENT AND BOND
DECLARATION OF RESTRICTIVE COVENANTS
"KUKUINUI SUBDIVISION, INCREMENT I"
SUBDIVIDER: RS10 KALAOA, LLC
Proposed Subdivision of Lot 47-B-2
Being a Portion of Grant 3750
Into Lots 1 to 21, {nclusive, and Road Lot A, Road Lot B,
Holoholo Street Extension and Nana Street Extension
At Kalaoa 4r^, North Kona, Island of Hawaii, Hawaii
TMK: 7-3-010:037 (SUB 98-070)
Please be informed that final subdivision approval for recordation is hereby granted to the final plat map
dated September 8, 2004, as attached herewith inasmuch as the surety documents to complete
construction of improvements within the subdivision have met the approval of all the listed officers.
You may wish to consult your attorney and surveyor for the preparation of the necessary legal documents
and description of the certified final plat map for the purpose of recordation with the State of Hawaii,
Bureau of Conveyances.
This final approval is with the understanding that the approved Declaration of Restrictive Covenants related
to Kukuinui Subdivision is recorded with the new deeds and copies be submitted to this department ar~d
the Department of Public Works.
Hawai `i County is an Equal Opportunity Provider and Employer pt
Planning ®e' k
Exhibit' S -
~ ~
Gary E. Ashikawa, Manager
RS10 KALAOA, LLC
Page 2
February 24, 2005
Copies of the certified final plat map and surety documents are enclosed.
Sincer ly,
^CHRI OPHER J. YUEN
Plan ' g Director
ETC:Inm
P:IW P601SUBDINDocumenisiSubc20051198070RS 10KalaoaKukuinuitnal FL7924.doc
Encs.- 2 Certified FPM
Copy of Subdivision Agreement and FHB Irrevocable Set Aside Letter ($1,526,000.00)
Original & 1 Copy of Declaration of Restrictive Covenants
xc: Manager, DWS
Director, DPW
District Environmental Health Program Chief, DOH
District Engineer, DOT
DPW-ENG-KONA
PLNG-KONA wlCertified FPM
Tax Maps and Records Supervisor I w/Certified FPM
Real Property Tax Division-Kona w/Certified FPM
County Treasurer wlOriginal Subdivision Agreement and
FHB Irrevocable Set Aside Letter ($1,526,000.00)
Wes Thomas Associates
Witcher Engineering, LLC
IREZ 854(Ord. 97 56); SLU 962(Ord. 97 55)
LAND COURT SYSTEM REGULAR SYSTEM
Return by: MAIL (X) PICKUP ( } TO:
TOTAL NUMBER OF PAGES: 3 7
TITLE OF DOCUMENT:
RELEASE
PARTIES TO IK)CUMEN'i';
RS10K: RS10 KALAOA, LLC, a Hawaii limited liability company, whose mailing
address is P. O. Box 789, Kealakekua, Hawaii 96750
COUNTY: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720
TAX MAP KEYS {3) 7-3-028:082 thru I Ol, 103, RSIQRdene M Asa?1-5~05
Holohob Street Extension, Naoa Street Extension, Road Lo[ B
TAX MAP KEY (3) 7-3-028:102
Planning Ds~pt.
Exhibifi~.._._
kELEASE
KNOW ALL MEN BY THESE PRESENTS:
Pursuant to Paragraph C.1. ofthat certain Agreement dated February 3, 2005, recorded in
the Bureau of Conveyances of the State of Hawaii as Document No. 2005-032774 (the
"Agreement"), by and between RS10 KALAOA, LLC, a Hawaii limited liability company, whose
mailing address is P. O. Box 789, Kealakekua, Hawaii 96750, and the COUNTY OF HAWAII (the
"County"), the County, for valuable consideration, receipt whereof is hereby acknowledged, does
hereby release the property described in Exhibit A attached hereto from the effect ofsaid Agreement;
PROVIDED, HOWEVER, that this Release shall not in any way affect or impair the rights
or privileges of the County under the Agreement as to all of the remainder ofthe premises described
in said Agreement, to wit, the propery described in Exhibit B attached hereto.
IN W [TNESS WHEREOF, the undersigned has executed these presents on this olG
day of , 2005.
COUNTY OF HAWAII
By
-.....~Yic ~Fi51i'
Its 3vlayera+taaQtiq Dir«qr
RECOMMEND APPROVAL: APPROVED A$ TO
FORM AND LEGALITY ~`~~7'*~'`~'~
' EDWIN~T RA DEPUTYCORPORgTIONCQk1NSEL
Housing A ministrator COUNTY F HAWAII /
Dofe C
Date: i~z' ~
2
STATE OF HAWAII )
} SS.
COUNTY OF HAWAII )
i
i
On this 26th day of September 2005, before me personally appeared DIXIE i
KAETSU, to me personally known, who, being by me duly sworn, did say that she is [he IIi
Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; 1
that the seal affixed to the foregoing instrument is the corporate seal of said County of
Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of
I
Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the
County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the
Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DDtIE
KAETSU acknowledged said instnunent to be the free act and deed of said County of Hawaii.
CATH . CORREIA
Notaz ublic, State of Hawaii
My commission expires: 10/13/06
C.0~"' •COQ'PEi
~flTgq?'
h1.
--y--
•~V BL~C~.
OF y1A
nr--
STATE HAWAII )
SS.
COUNTY OF WAII )
On this day of .2005, before me personally
appeared HARRY HIM, me known personally known, who, being by me duly sworn, did say
that he is the Mayor of the OUNTY OF HAWAII, a municipal corporation of the State of
Hawaii; that the seal affixed to a foregoing instrument is the corporate seal of said County of
Hawaii; that the foregoing instru nt was signed and sealed in behalf ofthe County of Hawaii by
authority given to said Mayor of the unty of Hawaii by Section 5-1.3(g) of the County Charter,
County of Hawaii (2000), as amended; d said HARRY KIM acknowledged said instrument to
be the free act and deed of said County o awaii.
Print N
Notary Pub State of Hawaii
Mycommissione Tres:
i
s;~
,h~
y,
ga
1.
j
i
3
EXHIBIT A
TMK(s) (3) 7-3-028:082 thru 101, 103
HOLOHOLO STREET EXTENSION
NANA STREET EXTENSION
ROAD LOT B
4
EXHBIT "A"
LOT 1
KUKUINUI SUBDIVISION. INCREIiAENT I
Land situated on the Westerly aids of Ndohoto Street txtsnsion and on the 8outtredy slde
of Roed t.ot A d this subdlvlsbn at fCetaoa 4th, North Katis, island and Courtly of HawaY, Stets
01 Hawaii.
Bein6 portions of:
Lot 4T-B-2; and
Ofark 3750 to KshananW.
Beginnirp at the SouBreaetarly comer a fhls peroel of land, 6alrq also the Northeasterly
career d Lot 2 a this subdt+Asion, and bekrg s point an the Westerly tlds of Holofrob 8trset
Extension, the ooadinatss d aaW poled of heptmkp rofamsd to l3ovemment survey Trten6ulatien
Station 'MOANUUIFIEA' bsln6 8,428.13 feet SaRh and 14,684.30 Test West and runNnQ by
azimuths measured da9cwla from True SouBx
1. 88• 00' 13f.24 test afarp Let 2 of 8>fs su6dNielon and atanp
Ute rsme4rdMS of 1at17-8.2 and Grant3780 to
Kahenanui to a polr~
2. 178• 00' 85.74 feat abrq Lot 21 of this subdMsion and along
the renraYxlsrs of Lot 47-&2 and OrarM 3750 to
Kahanenul to a polrt~
Thence, from s lan6eM azimuth 01273' 48' alon6 the t3oulheriy side of Road
Lot A of this suhdlNsbn on a curve to the fsR
with a radial oT 825.00 feet, Urs dtord azimuth
end dktares being:
3. 269" 53' 84.68 last 1o s point;
4. 288• OC 27.51 feel sloop the Southerry aids d Road lot A of
this terbdirlebn to a point;
Ttrsnos, for tM neud 8uea (3) courses TollovWrg along ere Westery side of Holoholo t3troet
Fxtertslorr.
5
Thence, fdlowklg on a c~ava to the right MAMt a radius of 20.00 test, the d,ord azimuth and
dielana betnQ:
5. 311' 00' 28.28 feet to a poled;
8. 358' 00' 31.59 feet to a poled;
Thence, following on a curve to the right xdMl a radiw of 550.00 fesR Mro chord ez~nuth and
datalos bsinp:
7. 357' 28' 50' 28.42 feet to tins print o} bsgknning and oadaFning an
area d 10,827 Squaro Feel
LO7 2
KUKUINUI3UBDIVISION.INCREAAENT f
Land s~7uated on the Westerly aids d' Hobado Street E>deneton of thh subdNfslon at
Kalaoa 4th, North Kons, Island and County of Harva9, State of HawaY.
Being portions of:
Lot 47-&2; end -
Grorrt 3730 to Kahansnul
Begfnrip o. Mns Northeasterly oorr>er of Mlle parcel of and, being ciao the Southsasisdy
corner of Lot 1 of this subdivision, and being . pard on Mw westery aids or Hdohdo Street
t.xtensim, the coordfnalsa of said point of bsgiratkg refsrrsd to Government Sunray Trlangulatlen
Station 'MOANUTAHFJI' being 8,428.18 feat Sautir and 14,984.30 fast West and running by
azGnutirs mesenasd dodcwfss from True South:
Thenos, from a tangent azimuth of 368.6T 40' fopow4fg along Mls Wsstaty side of
tfoloholo Strost E.xtenslon on a curve to ttrs
right wkh a radius of 350.00 tae4 the chord
azimuth and dls4t>cs being:
1. 4' OB' S0" 99.43 feet to a polo!;
2. 9• 20' 3.31 feet slag the Westerly aids of Hdohdo Strout
F.ztenston to a poptk
3. 89' ZO' 119.81 feet along Lofs 188 and 187 of Kona Palisade,
Unk II (FNe Posn 1087) and ebrg Grant 2972 to
Kaapau and Kama to a print;
6
4. 178' 00' 74.08 feet abnp tat 21 of this subdhdabn and abnp
the remainders of Lot 47-8-2 ~Id Grant 3750 to
Kahanand to a pokrt;
5. 288' l>D' 131.24 feet alarp Lot 1 of thla wbdiviaion and abnp
the remainders of Lot 47-B-2 and Grant 3750 to
Kahananui to ftra poled of hspinnkrp and
containing an arse 0111,144 Square Feel
LOT 3
KUKUINUI3Ut1f1M31ON.INCf2EMENT I
Land situated on the Eaatery atds of liobholo Street Extension otthis subdlv(sion at Kalaoa
4th, NoM Kona, Island and County of HawaA, Stets of Hawaii.
PJelnp portions ot.
Lot 47-&2; and
Grwd 3Tb0 to KahananuR
Begiminp ad the Nortlraroetery corner of Brla parcel of land, bairp afro the 8outliwaeterly
corner of lot 4 of ttda subdivleton, and bekq ¦ paled on the F.astsrly aide of Fiolohob Sfroet
F.xtenston, tlla aoordkratae of sold point of bepiminp referredlb Gaverrvrrxd 3utvey Tdargulatlon
Station'MOANUI/WFA' bsM~Q 8,448.57 feet South and 14,814.30 feel West and rumktg bll
a>lrrluths measured cbekwlea from True South:
1. 271• 00' 10f.b1 feet abrp Lot 4 of U9s wlydlvlalon and along
the romskrdefs of Let 47-8.2 and Grant 3750 to
KahenenW 1o s point
2. 358' 00' 107.89 feet abng Lots 8 and 7 of this wtxiNhfon
and abnp 8rs remainders of Lot 47-&2 and
Grant 3760 to Kahananul to a point;
3. 99' 20' 118.98 feet abng Lot 79 of Kana Pagaads, unit ll
(FBe Plan 1087) and abnp Grant 2972 to
Kaspau and Kama to a polyd;
4. 189' 20' 3.31 feel abnp the F_asteAy aids of Hobholo Street
F_xtenabn b a pokrt;
7
Ttisr?ce, following along the Easterly side o[ Hobltolo SUaet 6dsnabn ort a curve to the
IeN with a radius of 800.00 feet, the chord
azimuth and "distance tbhg:
5. 185° 10' 87.19 feetto the polntof beginning and containing
an area of 10,722 Squaro Feet.
lOT 4
KUKUINUI SUBONVISION. INCREMENT I
lend situated on the Easterly stile of Holahob Street F~denelon and on Uxi Southerly side
of Road lot A of this wbdNislon at Kalaoe 4th, North Korre, island and Courtly of HawaY, State
of Hawa~7.
Betng Portions of
lot 4T-B-2; and
t3rent 3750 w Katxmenui. .
13agtnning at the Southwesterly eomsr of tlrh parosl of land. Asi+g alao the Nortlrwsaferty
comer of lot 3 of this subdMNon, end txting a point on the Easterly stile of Holoholo Stred
Exterx+lon, fire coordinates of acid point of bsgkxrinp referred to OovemmeM Survey Trlengulation ,l
Sta0on •MOANUUWEA• being 8,418.57 feet South and 14,814.30 hat Weal and running by
az)mutta measurod dodnrisa from True South:
Thence, for the next three (3) courass tollaMring Nag the Easterly aids of tioloholo tatrset
Extension:
Thence, from a tangent azimuth of 181.00' folowNrg on a crave to the IMt wNh a raduu
of 800.00 tad, the chord azimutlt and dfetsncs
being:
1. 178' 30" 52.31 feet to s pobrt;
2 178• 00` 3L59 feet t0 a pilot;
Thence, foAovrkrg on a curve to 1hs rl~t wMh a radius of 20.00 test, the chord azimuth and
didance belnp:
3. 221• 00' 28.28 feet to a polr~
4. 208• 00' T8.84 teat along the Southerly aide of Road Lot A of
tNs subdfvialon to a point;
8
s. 3tss• otr 11x.TS tat atot,~ taa s arrd e a tit)e s~rEarMion arrd
abrq rta rarnalydara of Lot47-&2 and IAant
3750 to ttat~awrw a a point;
a. et• aty tal.st tat alon8 601 s a tlis abdMiebn and abr~
n,.ram.ral.r.dLw47.9.2andcirants780a
Kdnn.rar to tNe paint a trapMarrq and
ooraakitq an area a 1ottso tlgrrrae Feat
LOT6
~JKUINUl3l18DMSp3N. INCREMENT I
Land alWeted on the Westerly skis d Road lot B and an the Sotdtfefty Nds d Road Lot
A d this arrbdirision al Kalaoa 4th, Nartlt Kure. Island and County of Hawaii, State d Hawai.
BdrrB portions of:
tot a7-B-2; ana
c;rerrt 3750 to ttatwwnw.
SeBirsrin8 at the Norlhaas0ery corner d thh pared d laid, 6skr8 also the Nvr0?rNesoerly
comer of Road Ld S. and behp s poled on the 8ow11erfy side of Road Lot A d this subdivielon, the
ooordMates of said point of be8lnrtinp referred to t3overranent Survey TrianBulatlon Stotlon
•MOANUUWFJI' being 8,328.83 feet South and 14,887.aB feet West and runNnB by azimuths
measured dodtvrise from Tres South:
Thsnoa, Tor the nsxl four (4) course follow4g along the Weatery aids d Road Lo18 d Wa
subdi+liafon:
Tharoe, tram a tanpsnt azhnwh d 287' ti8' 68" toNawltg on • curve to the right with a
radius d 25.00 feet, tha Chord azimuth and
dWarlce befog:
1, 314• 28' 29" 38.27 feet td a polyd:
2. 1• 00' 7.81 feat to a poled:
Tlbnca, following on a eurve to the d8d vrlth a radius d 40.00 feet, the chord azimuth end
dbtance being:
3. 21' 03' 33• 27.44 feet to a point;
9
Thence, from a tangent azimuth a ar or 10' foBovnnp a arrvs to the loft wNh a
radNn a 48.00 feet, the chord azimuth and
dgtartce being:
4. 32' Ot' 05" 14.24 feet to a point;
5. 86' ar 127.21 feet sbrp Lot 8 of this subdivision and along
the rennMwters of Lot 47.2 and Grant 3750 to
Kahsnanui to a pofrtk
B. 176' 72.00 fee slang Lot 4 a tltla subdivsion and sloop the
rsmalndsn o/ lot 47-8.2 and Grant 3750 to
Kahanand to a poEnS
7. 266• ar 80.11 Teel alorq the SouBreAy sloe a Road Lot A a
1Ns subdNislon to a pops
Thence, topovdnp sloop the Soutixrly side of Raad Lot A of this subdtvialon on a curve to ~
the rapid wlat ¦ radius of 878.00 feet. the cFaM
azktwth and dlstsnoe baYtp:
8. Z66' S8' 29• 33.74 feeNOtf»polnlot6eplrxrTnpandcartaWnpan
area a 10,181 srruan feet.
LOT 6
Land sNustect on the Westery aids of Road Lot B of this subdhlsion at Kalaoa 4th, North
Kona, island and County of Harrah, Stets a Hewed.
6ekrp portions oF.
Lot 47-8.2; urd
Grard 3750 >n Kahananul.
Beptnntrtp sk the Nortlrsastarly tamer a this prrcal a land, bskp shro the 3~
comer a Lot 5, and being a pOlnt on tln Westerly aids of Rosd Lot B a this subdivision, the
to
coordinates of said poird of hegiming rofxrod to Goverrxnerd Survey Tdsngulatbn Station
'MOANUUWFA' being 8,400.84 test South and 14,888.75 feel West and running by azlmutln
measured dockwise from True Sarlh:
Thence, from a tangent azimuth of 22.55 foAowinp abng the Westerly side or Road Lot B
of fhia subdlvlebn on a curve to the tigtd vMh a
rediw of 45.00 lest, the chord azAraAh end
dblancs bekg:
1. 354' 2T 30' 42.89 feel to a poir~
2 58' 00' 148.22 feet atone Lot 7 of Orin aubdMsbn and along
fha remakrdas of Lot 47-8.2 and OraiM 3750 to
Kaiwnamd 10 a poNrt:
3, 176' 00' 110.98 fast abrg Lots 3 and 4 of tlds subdNbion and
abrp the romaklders of Lot 47-8.2 and Grant
3750 to Kahansnui to a poled:
4. 258' lq' 127.21 feet abrg Lai 6 of thY subdhrlsbn and alo?p
iM romakaieni otLot47-13-2 and Grant3750to
KahansnW to the point of beginnkp and
oorrtslNng an area d 10,077 Square Fesl
LOT 7
KUKl11NUf SUF}DIYISION. INC~uENT i
Land skuatsd on the Southwsetsrly end of Road Lot 13 of this subdivision at Kalaoa 4th,
North Kona, Island and Colaky of FfsnraA, Stste d HswaN.
Being portions of
Lot 47-8-2, and
Grant 3760 to KahanarWi.
BeginNng at the ~ comer of this parcel d IarW, being abo the Sow
comer o1 lot 8 of this subdMslon, and being a point an Ole NorMrsrly boundary of Lot 88 of Kona
PeYsede, Un8 Q (Flte Plan 1087), tM caardinates of said polM otbegkwng r+etarrod to Oovsmment
Sunray Trfangrdatlon Station'NIO/WUTAHF~4'belnp 6.575.54 feet South and 14,098.37 feet West
and running by azimuths msasurod dodNrise from True South:
I1
1. 99' 2a 168.34 feet abry Late 86 and 79 of Kano Palisade,
Unit II (FBePlan M1087) and abry Grant 2972 to
Kaapau and Kama to a pointy;
2. 178' Oa 31.84 feat glory Lot 3 of fhb subdNltlon and abry
the remalndare of Lot 47-8-2 and GreM 375010
ICatwnanui to a polr>k
3. 238' Oa 148.22 feet along Lot 8 of this subdivision and glory
the remainders of lot 47-8.2 and Grant 3750 to
Kahananui to a polM;
ThenOS, trom a taryenl azimuth of 328.Oa foMoxiYq story the Southwesterly and of
Road Lot B of this subdhrhlon on a curve to the
bit whh a radius of 43.00 fat, the chord
a:lmutlr and distance being:
4. 307' Oa 29.30 feet a point;
S. t8' Oa 120.27 feet along lot 8 of thb subdivision and abnp
the remainder of Lot47-B-2 and OnM3750to
Kaharuuwi to Urs Point of Uspirxrirp and
eontainky an area of 10,828 Square Feet.
LOT B
KUKUINUI 8UBDhlIgION. INCRFJVAE~
Land situated on the 3orrihedy end of Road I-ot B d this subdivision at Kalaoa 4th, North
Kona, lslard and County of Hawap, Stets of Hawa1.
~r9 P
Lot 47-B-2; and
Grant 3750 to Kaharrarrui.
Bepinnirq at the Souttrvratery corner of thh parosl of land. bskrg oho ti» Southsaslerfy
corner of Lot 7 of this subdMWon, and ttsky • post on Cre Northerly botardary of l.ot 88 of Kona
Pa~aade, Unit 0 (Fib Ptah 1087), the coordinate of said polM of beyinNnp rofsrred to Oovemment
3unroyTelaryulatbn Station'MOANUTAHEA' beYtp 8,575.64 feet South end 14,898.37 feet West
and runrdng by azimuths rrneasured dodrwiee from Tare South:
12
1. 198• 00' 120.27 fast sloop Lot 7 of this wbdivision end abrp
the remaindere of Lot47-B-2 end Brant 3750 to
Kahananui to a pokit
Thence, from a tsnperd azimuth of 268' 00' foliowirp shop the Sou8lerly end of
Road Lot B of this wtxtivieion on s curve to Hu
left with a radius of 45.00 feat, the rJwrd
azimuth and dlstanee being:
2 268• 51' 21" 32.48 feet to a point;
Thence, for the next three (3) courses toNowinp alorq Lot 9 of this wbdlvisbn and shop
the remainders of Lot 47-&2 and Grant 3750 to Kahananul:
Thence, tram a tangent azimuth of 245' 42' 42" foNowirp on a curve to the rlpM wMh a
redius of 10.00 feet, the chord azimuth and
distance beFg:
3. 278• 38' 21" 10.27 feet to a point
4. 307• 30' 35.84 feet to a poht
4• 00' 110.05 feet to a point
8. 99' 20' 101.73 teat along Lots 80 and 88 of Kona Palisade,
UnR Q (Flb Plan 1087) and shop 4rerri 2972 to
Kaapw and Kama tothe paint of bepinNrg and
confalninp an aroa of 10,482 Square Feet
LOT 8
KUKUINUI SU~IVISION. INCREMENT I
Land situate0 on the Southeasterly end o/ Raad Lot B of this wbdWiNon at Icalaoa 4tlr,
North Kona. Island and County of Hawaii, State of Hawaii.
Being portions oY.
Lot 47-8-2; end
Great 3750 to Kahananui.
Bepinnlnp at the Norttkalatery earner of Udt Parcel of Isutd, being also the Southeasterly
corner of Lot 10 of this subdivision, and being a point on the Westerly boundary of Lot 47-8-1, the
13
r~
9r
1
coordinates of said polnl d beginning referred to Government Survey 7rlanpulation Station
'MOANUWiFJ1' t»inp 6,537.56 feet South and 14,491.94 feet West ar?d running by azimuths
measured dodrwlse from True Soulti:
1. 4' l10' 71.25 feet along Lot 47-8-1 and along tl» remainder
d Grant 3750 to Kahansnui to ¦ pdn~
2. 99' 20' 102.44 feet shag Lot 89 d Kona Palisade, Unit D (Fib
Plan 1067) and abrg Grant 2972 to Kaapau
and Kama to a potrrk
Thence, for the next throe (3) courses following along Lat 6 d this eutxffviaion and shop
the remainders d Lot 47-8-2 and GnuN 3750 to Kehananui:
3. 184' 00' 110.05 feat to a point;
4. 127' 30' 35.84 feet to a point;
Thence, following on a axve to the let! will a reNua d 10.00 feat, the chore! azimuth and
dlstarrce belrg:
5. 98• 38' 21" 10.27 fret to a pokrk
Thence, from a tarrperrt ez4rrrtlh d 245.42' 42" folbwinp shop the SouOreaelerty end of
Road iot B d fhb aubdiutstort on a crxva to the
ktt wttlr a reclius d 45.00 feet, the chord
azYnuth and dlstat>ce belnp:
8. 228• 22' 04" 29.61 feet t0 a pdnl;
Thence, from a tangent azimuth d 27.01' 28" fdiowbp stoop Let 10 d this subdivisan
and sloop the remainders d Lot 47-&2 and
Great 3750 to Kahenanui on a curve b the left
wrwr a radius of 10.00 feel, the chord arlmuth
end dbtarnce being:
7. 347• 15' 43" 12.79 feet b a pdrrk
8. 307• 30' 141.75 feet shop tat 10 d fhlri aubdtWabn and along
~s remakxlent d Lot 47-B•2 and Grand 3750 to
Kahananui t0 the point d bepiminp and
oontahrhg an aroa d 10,604 Square Feet.
19
}
LOT 10
I~KUINUI SUBDMSII)fl. INCREMENT I
y.
" Land situated on the Essterty aide of Road Lot B of this sul>dhriaion at Kalaoa 4th, North
Kona, Island and CourNy oT Havvail, State of HswaiL
Being portions of:
Lot 47-8-2; and
Grant 3750 to Kahananui.
Bepinnirrp at the SouCtaesterty corner of thb parcel of land. being also Cts Norfheaaterfy
comer of Lot 9 of this subd'rvbion, and being a point an the westerly boundary of Lot 47-B-1. the
coordinates of said point of bag4arlrg referrsd to Goverrrrrsrrt Survsy Triangulation Stalbn
'hiOANUTAHEA' beMrg 8,537.58 feet South and 14,481.94 feet West and running by azimuth
rrteaeured clockwise Trom True South:
1. 127' 3d 141.76 feet along Lot 9 oT fhb subdWlslon and along
the romalnders oTlot 47-B-2 and Grant 3750 to
Kahananui to a poNrt;
Thence, following along Lot 9 of fhb subdMslon and abrp the romahxlers oT Lol 47-8-2
and Grant 3750 to Kshartanui on a crave to the
right with a radius of 10.00 feat, 8rs chord
azikntrlh and distance being:
2. 187' 16' 43" 12.79 feet to • poir~
Thence, from a tangent azimuth of 207.01' 28' folowing along Road Lot a of this
autovision on a curve to the Jett with s radius
of 45.00 teat, the chord azimuth and distance
~D:
3. 184' 6T 08' 33.82 feet to a pcrtk
4. 274' OD' 121.32 Teat along Lot 11 of Cris su!>divislon and along
ihs remalndsro of Lo147-B-2 and Grant 3750 to
Kahanand to a poik>k
5. 4' 00' 124.30 feet sloop Lot 47-8.1 and sloop Ihs remainder
of Grant 3758 to tCahsnanul to 81e point of
bepfminp and containing an area of 10,151
Square Feet.
15
i
LOT 11
Kr~~!11NUl~JB91VISlC1N.INCREMENT I
Land aNuated on the Eaderly Bide a Road La ti and on the Southerly aids a Road Lot A
a this su6divteion d Kelaoa 4th. North Kona, lslarrd and County a Flawa9, Stale of FpvvaN.
BeinD portlons of:
Lot 47-8-2: end
Brant 3750 to Kahenenul.
Bepfnning d the Northeadery corner of tlrla parcel a lend, bex+o also the Southewterly
corner a Road LotAa thb subdivlelan,and 6ein0 a print a+the Westerly baxwlary of Lot47-B-2,
1M coordinates a said point a txrtpkwdrq referred to GovsrtensM Survey Trlsnpulation Station
T,AOANWAFiEA' bsh+p 8,339.76 feet South and 14,478.11 feel Wad end runnirp ~y axlmutl»
meoeured dodnYise fiam True Soutlr:
1. 4' 00' 74.00 feet along Lot 47-8-1 and alorq tlrs nmalnder
a arrrt 3750 b Kahananul b a po4rt;
2. 94' 00' 121.32 fed done Lot 10 a thh subdivhlon and sloop
theremaJndara otLot 47-&2and l3rant3760b
Kahananul to a point;
7hsnce, for the next four (4) corases followkry akrg the Easy side a Road Lot B a tlris
aubdMNon:
Ttrencs, from a ten9eM azimuth of 182.52' S0' foYowGfp on a a,rvsb ura lsrtwith a ndlus
a 45.00 test. the chonf samuth and dlatanoe
3. 151' 52' S0" 17.17 teat to a poirt~
Thence, Tram a targerd azimuth a 140.52' so" tdbwlrg on a eurw b the ripM vdth s
radus a 40.00 test, the chord azimuth and
dlafanos bekp:
4. 180' S8' 25" 27.44 feet b a point:
5. 181' 00' 7.91 teeth a pokrk
Thence, fdloatnp on a cur~+e b the right Yrdtr a radius of 25.00 teat, Ors chord a~muth and
d>der>a bekrp:
8. 22T' 30' 38.27 fat b ¦ poirrh
7. 274' OD' 118.85 fed slag Urs Southerly side a Road Lot A a
this aubdivlsion b the pdrd a txagkrrtMg and
eorttaininp an area a 10,005 Square Feet
lb
F
LOT 12
KUKUINUI SUBDMSION. INCREMENT I
Land sNuated on the Northerly side of Road Lot A of thb aubdivialon st Kalaoa 4th, North
Kona, Isiand and County of Hawaii, State of Hawaii.
Being portions of:
Lot 47-8.2; and
Grant 3750 Po Kahenanul.
Beginning at the Soutlxasttxly comer of this parcel of fend, befog also the SokRhwestay
comer of Lot 13 ertd being a point on the Northerly aids of Road Lot A of tide wbd'Nislon, the
coordinates of esid pobrt kN bsgiming referred to Govemmenl Survey Trisrkgulation Station
'MOANUTAHEA' being 8,287.72 test South and 14,50:f.84 Pest West and rurming by eafmtdhs
measksed clockwise from True South:
1. 94• 00' 81.40 fcet shop ihs Northerly side of Roed Lol A of
this subdMsion to a pk>Irr~
Thence, for the nexl Pour (4) courses faAowkkg abrg the remahdera of Lot 47-&2 and
Grant 3750 to Kahananui:
2. 184• 00' 110.00 feet mong l.ot 14 of this eubdMslon to a po1nF
Thence, for the next throe (3) Dowses foNowfng shop Lot 13 of thh subdMaion: ;
3. 274' 00' 91.40 feet to a point;
4. 4• 00' 100.00 test to a poir>k
Thence, fdlowirkg an a curve to the right with a radius of 10.00 feet, the chord azimuth and
distartos being:
5. 49• 00' 14.14 feet to the print of bepinnirp end wrrtalntng an
area of 10,033 Square Feet
17
LOT 13
KL>!GJINUI SUBO)VISION. INGREMENT_I
Land situated on the Northerly side d Road Lot A d this subdivisbn and on the Southerly
side d Alanui Kauhinl at Kalaoa 4th, North Kona, Island and Courriy d Hawaii, State d Hawaii.
Beim portMne of
Lot 47-8-2; and
Grant 3750 to Kahananul.
t3eginnk~p at the Soue>rvestery corner d fhb parcel d fend, being also the Southeastery
comer d Lot 12 and being a point on the NorfheAy side d Roed Lot A d fhb subdivision, the
coordinates d sold point d be9kmlrp referrod to Govemmad Srwvey Triangubtlon Station
"MOANUWiFJ?' being 8,287.72 feet South and 14,505.54 test West and running by azimuths
measured docloMse from True South:
Therws, ror the next tax (4) courses idlowlrg atorg the remalndero d l.ot 4T-B-2 and
Grant 3750 to Kahanarwf:
Thence, for the next three (3) courses fdbwArp abng Lot 12 d tnb subdNbton:
Ttumoa, following on a alive to the bR wNh a radlw d 10.00 feet. the chord azimuth and
distance belrp:
1. 229' 00' 14.14 feet to a point;
2. 184' 00' 100.00 feet to 8 pdM;
3. 84' 00' 91.40 feet to a point;
4. 184' 00' 88.9b feet along Lot 14 of fhb subdivision to a paled;
5. 283' S9' 22.58 test along Urs Southerly side dAlanui Kauhini
to a point;
5. zer sr 30" 90.7o teat.long fns Sotrthery stria dAianul Kauhhrl
to adjoining propeAy pdM;
7. 4' 00' 190.55 feet along Lot 47-8.1 and abng the nxrtakuler
d Gant 3750 to Kahanarwl to a poir~
8. 94• 00' 31.00 feat abng fhs Northerry sided d Road Lot A d
this subdivbbn to the pohd d bagNning and
oontalnMg en area d 10.890 Square Feel .
16 `
Lor 1a
ISUKUINUI SUBDMSION. INCREMENT I
Land s4uated ort the NortMrly aide of Road Lot A of tMs subdivlabn and sloop the
Southerly aide of Alanut KauhiN at Kalaoa 4th, North Kona, laland and CcuMy of Hawail, Stria of
HewaH.
Being portions ot:
Lot 47-8-2; atxl
Grant 3750 to Kahananul.
Bephninp d the Soutlrxes6erly corner of this parcel of land, belnp aNo the 3outhsasterty
comer of Lot 15 and being a print on the Northerly side of Raa1 Lot A of thls subdlviebn, fhe
eoord(rtates of said point of beginning referred to GovemmeM Survey TtianpulaUon Station
'ttA0ANU44HFA' being 8,279.28 feel South and 14,852.33 fed Wsst and running by azirrwths
measurod dodariss from True South:
1. 180' 35' 185.73 fed along Ld 15 of thb subdivkion and along
the romairwen of Lot 47-8-2 and Gran13750 to
Kaherarnul to a pofrrk
2. 283' 5!7 78.88 fed along fhe Soutlrerly side of Alanui Kauhini
to a point;
3. 4• 00' 178.95 feet slap Lola 13 and 12 of this subdivision
and along the rernainden of Lot 47-8-2 and
Grant 3750 to Kahananui to a point
4. tl4• 00' 4.53 fed ebnp fhe Naiherty side of Road Lot A of
this subdMsbn to a point;
Thence, follovvkp along the Northerly side of Road Lot A of thin subdNision on a curve to
the bRvvlllt a radius 011,025.00 fed,llre chord
szlmulh and didanee being:
5. 92• 1 T 3lY 81.11 fed to the point of bsgkrning and containing an
area of 12,083 Squaro Feat.
19
r
LOT 15
~xtaNrustrgDMSK)N.INCREMFJdT I
Land situated on tha Northerly side oT Road Lot A of this subdNielan and on the Southery
side of Alanui Katdrtnl, at Kalaoa 4th. North Kona, Isl~d and County of HaweN, Stab of HawaN.
BeHg portions of:
Lot 47-13.2; and
Grant 3750 to Kahananul.
Beginning at the Southsastary corner of this parcel of land. being also the southwesterly
comer of Lot 14 and belnQ a poird on the NorUrsrty skis of Road Lot A of this subdhrision, the
coordinates of said po4d of beginning referred to Govartvnent Survey Trisngulalbn Station
'MOANUUIHFA' being 8,279.28 test South end 14,862.33 feet Weat end rtxvrlrq by axknu8rs
measured dockvNse from True South I'
Thence, from a tarrperrt ezimulh of 90.35 fo9owing sbrg the Northery aids of Road Lol A
of thh subdMsbn on a curve b tM loll Miler a
radius of 1,025.00 feet, tl» chord azimuth and
distance being:
1. 88' 45 65.58 feet to a point;
2, 178• 55' 159.39 feet along Lot 18 of this srrbdtvision end along
the renraindersof tot 47-&2 and Grant 3750 to
Kahamnui to a pokrl;
3. 283' 58' 75.25 feet abrq the Southerly side of Atanui Kauhini
to a print',
4. 0' 35' 185.73 feet abng Lot 14 of Ihb aubdivislon and ebrq
the romainders of Lot 47-&2 and Grant 3750 to
Kahsnenuf to the point of beginning snd
containing an area of 11,478 Square Fest.
2 0 *7
::s
i i
i
LOT 18
IttIKI~INUI SUBDMSION. INCREMENT i
9
Land situated on the Northery side of Road Lot A of this cubdNiWon and on the Southerly
side of Alanrd Kauhinl W KWeoa 4th, North Kona, Island and County of Howell, State of Harvvali.
Being potions of:
Lot 47-&2; end
(hard 3750 to Kehanarwi.
Beglnning et the NorMweslerty comer of this parcel of land, bairg oho Ure Northeadsrty
corner of Lot 18 and be4g a pokrt on the Sou9rerly slde of Alanui Kauhlnl, the coordinates of acid
polnt of be9hning referted to Cioverrunerrt Survey TAangulatlorr S/atias •MOANtIIAHF~?' being
6,128.13 feet South and 14,798.39 feet West and running by azinar8ro measurod doekwhe trap
True South:
1. 283' 59' 72.32 feet along the Soutfrery side of Alarari Kauhinl
to a poht•,
2 358' 65 158.39 teat along Lot 15 ~ fhle eubdhrlelon end along
the remalndere of Lot47-B-2 end Orent 3750 to
Kahanerlri to a polrrk
Thence, from a tangent ezJmulh of tt8.56' foNoaring Wong Bte Northerly side of Rwd Lot A
of thh subdiWcbn on a curve to 8re left with a
radius of 1,025.00 feet, the chord eatmuMf and
dhfanes being:
3. 88' 27' 30" 16.40 feel to a poinF
4. 88' 00' 53.33 feet abrg the Northerly side of Road Lot A of
this eubdiNWon to a point;
5. 178' 00' 168.E feet Wong Lots 17 and 18 of this subdiNsion
and along 1M remainders of Lot 47.8-2 and
Grant 3750 io Kaharwrwi to the point of
beginrdnp and eonbitdnp art area of 11,215
3quaro Feel.
21
t
LOT 17
~ IN BD 0~1. MICREMENT I
,r ` Land ar~ueted on the Easterly side a} Nana Street Extension and on the Northerly side of
Road Lot A of thh arrbdknsbn at Kataoa 4th, North Kona, laland and County of Hawap, State of
HewaA.
Being portions of:
Loi 47-&2; and
Grant 3750 to Kahananul.
Bepirmip at the SouBrwasterty corner of this parcel oT land, beMO atw the SouB>essterly
comer of Nana Street Extension and treirp a point on the Northerly side of Road Lot A of tlUs
subdivision, thscoordi?atesofsaid polntof txginnkp re?errad to GovemmentSurveyTrtanpuladon
Station •AAOANtlU1HF.A' hemp 8,293.51 feet 3orrfh and f4,902.80 feet West and running by
a~muths measured dodcwise from True South:
Thence, for the next ttuae (3) eoursee followirp along the Eastery side of Nana Street
Exlendon of this subdivision:
Thence, from a tangent ezlmufh of 88' 00' foNowirp on a curve to the rfpht wqh a
rodirs of 20.00 feel, the chord atimulh and
dtpanos trip:
1. 131' 00' 28.28 feet fo a poirrk
2. 1T6• 00' 1.23 feet to a poid;
Thence, foyowMp on a crxvs to the right witty a radius of 775.00 feet, the chord azJmuth and
dletanae being:
3. f 78' Of' 34" 54.80 feet to a polrrt
4. 00' f 33.88 feet sloop Lot 18 of this subdHislon and sloop
theremahders of Lot 47-B-2 and Grant 3750 to
Kaharanr~ to a point;
5. 358• 00' T5.99 feet abnp Let f 8 0l this subdMsloh and atone
• theromatnders of t.at47-&2 and Grant 3750 to
KahansnW to a pout;
g, Bg• 00' f 15.82 foot sloop the Norkferiy side of Road Let A of
this subditrialan to the pout of bepirning end
oontaidnp en eras of 10,185 Squaro Fast.
22
LOT 18
.+J KUKUINUI SUBDM~ON. INCREMENT I
Land situated on the Easterly aide a! Nave Street F.xtenabn o! this subdlvislon and on the
Southerly side of Alenui Keuhinl at Kalaoa 4ih, Nonh Kona, Island and County o! Ftaweii, State
o! Hawaii.
Beep portions oL
Lot 47-&2; and
Grant 3750 to Kahanarwl.
Beginning at the NortheasteAy comer of ihb parcel Of land, txairq also the NaUrrreslerly
corner Lot 18 and being a pokR on the 8outlxrty slde of Alarwl 1(auhinl, the awrdinates of said
paird of bepinnirg roterred to Gavenanent SunroY TrbrguWlon Statbn'MOANUTAHEA' txslrg
8,129.13 test South and 14,798.361 feet West and nmk+p by arJmuths measurod elockw6se from
True South:
1. 358• 00' 80.70 feet sloop Lot 18 of this sutxliviefon and atone
the romalrxlers of Lot 47-8-2 and OroM 3750 to
Kshananui to • polrrg
2. 88• 00' 133.118 feet along Lot 17 of this subdNaion and slag
the nmalndsrs of Lot 47-8-2 end Grant 3760 to
Kahansnui to a poirrk
Therese, from a targets azimuth of 1 BD• 03' OB" lolbwdrg abrg the Easterly aide of Mane
Street Erdensan of Ws subdNbion on a verve
to the rlpM wltll a radius Of 775.00 feet, the
drord azkradh and dbtarese being:
3. f 81 • 21' 04" 35.14 feet to a poir~
4. 182• 39' 41.57 tact slag the Easterly side of Nara Stroet
Extension of This subdhdsion to a print;
5. 283• S9' 126.87 feet sloop the Southery Bids of Alanui Kauhlni
of O 1~
Squaro Fee~L ~ ~ ~
23
3
LOT 18
Kern rmlt a st taonnsr9N. INCREMENT I
. Land situated on Urs Northerly side of Rosd Lot A of this subdlvhfon, on the Westery side
r of Nana Street Eztenswn and on the Southerly side of Alanut Kauhtnl at Kalaoa 4th, North Kona,
Island and Courny of Hawaii, State of t•IaMreN.
l3e(rrg poritona ai:
Lot 47-8-2; and
Grant 3750 to tCaharranui.
BeOinnUrD at the NorUtwsetery corner d this parcel of land. being also the NarOreastery
comer of Lot 20 of ihta aubdfvlalon end being a point on the Southerly aide of AWrui t(auhlM, the
coordinates of setd pokrt of beginnirp referred to Goverrarrent Survey Triangulation Station
'MOANUUWEA' being 8,157.00 feet South and 15,053.90 feet West and running by azlmuttra
measured dodrwlae from True South:
1. 282• 31' 38.58 feet along the 3oWfret}y aide of Alanul KeuMnl
to a poUfC
2. 283• 59' 44.21 feet along the Southerly side of Alenul KauNn?
to a polnC
Thenoa, for the need tour (4) courses fdbvNrg along the Wsstedy elde of Nana SUeet
Extenabn of thin subdivision:
3. 2' 39' 33,95 feet to a point;
Thence, fo4owing on a save to the left vrRh a radhu of 825.00 feat, the ctroM azimuth and
distance being:
4. 359• 18' 30' 95.70 feetto aft
5. 356' 00' 1.23 feet to a polM;
Thence, fo0owing on a rxave to the d9M wi8r a radiin of 20.00 feek the chord azimuth and
dletarrae txirp:
8. 47' 00' 28.28 feet to a pokri;
7. 88' 00' 27.51 test along the Northerly side of Road Lot A of
ffrie subdiviaton to a point;
24
Thence, following on a curve to the right wiUti~
X5.00 feet, the chord azimu~ and
g. 87' 35 31.78 feet to a point;
g, 179' 10' 148.08 feet along Lot 20 of fhb subdivlafa+ end along
the remakrdets of Lot47$2 and Grant 3760 to
Kahananuf to the point of beginning and
containing an area of 11,514 Square feet.
LOT 20
trt,KUl "JI SU °SION ING~ ENT t
Land situated on the Northerly side of Road Lot A of fhb wbdivlsbn and on the Southerly
side of glanui KauhlN at Kataoa 4th, North Kona, Nand and Courtly of HawaN, State of HewaB.
tieirp porGOns ot:
Lot 47-8-2; and
Grant 3750 to Kshananul.
BestrrNng al the Nortl+easteriy corner of tf>rs parcel of land. bekq also Ure Northweatedy
comer of Lot 19 of tlds subdkision and being a point on the Southerly Bide of Narwi Kauhlni, the
coordhates of said point of begtuting referred to Govemmant Survey Trbrrgulatlarr Staflon
'~OpNUIgHFJ1' betrq 8,157.00 feet South and 15,063.90 feet West and nnrfdng by azimuths
measurod cbckwiae from True Souffi:
1, 359' 10' 146.08 the romalndere of Lot 47 and OraM 3780~to
Kahansnul to • point;
25
sfda of Road ~ A
Therese, from a tan9~ 0189' 1C to
~ ~ ~ a
~ to the and
fsdfus of 575.00 teei, the chord
~Starrce befrry:
~ 88.54 feet to a Oaf
2, 92' 35 tha Northerly slde of Road tot A o1
14.52 teat along
3. 9B• f)0' thls subdivisbn to s Pow
133.39 feet along Lot 21 of ihw subdlsi~n end along
the romainders °f ~ 47-8-2 ~ 3150 to
a. 188 ~ ~rananul to a point',
the SouBterlY side of Alenul KauWni
67.42 feet al ~ ~ and cor+ta~^0 an eras
5, 282' 31' tothspo uaro Feet.
of 10,498 Sq
26
a
t
f
i
ROAO LOT A
K~,IKUINUI SUED VISION. INCREMENT I
land sRuated on the NorBtery aids of Hofoholo Street E~densfon and an Ub Southerly side
of Nana Street Extensbn at Kalaoa 4th, North Kona, island and County of Havrali, State of Hawall.
Being portions ak
Lo147-B-2; and
Grant 3750 to Kahananul.
Beylnnln8 at the Soulheasteriy comer of this parcel of land, being also the Northeastery
corner of tot 11 of thla aubdlvielon, the coordinates of said pdM of be8innkg referred to
GoverrxnaM Survey Trlangulatioo Statlon 'MOANUWiFA' being 8,339.78 feet South and
14,478.11 feet West and ronnlnp by aztmuUu meawred elodcwlse from Tnrs South:
Thence, to the next ebven (11) courses foCowhrp alarp Ua remakrden of I.ot 47-8.2 and
Grant 3750 to Kahananui:
1, g,t+ 00~ 118,83 feel elary Lot 11 and along Urs Northery end of
Road Lot 8 of thh subdNlaloa to a point;
Thence, folowinD along the Northerly end of Rosd Lot B end slap Lot S of Uds subdhrlslon
on a curve to the kR rtAtlr a radius of 875.00
feet, the chord eslrrwlh end dhlance being:
2. 90' 00' 138.03 tact 1o a poi
3. gg+ 00~ 288.48 fast abrp Lots 5 and 4, fhe Northerly end of
Hdoholo Slsed Extension and alorq Lot t of
this wbdMslon to a point:
Tl+ance, foibwin8 alon8 Lots 1 and 21 of a~dlww00 feet
Me chordazimuth and
distance being:
4. 91 • 00' 108.94 feet to a poirrk
27
` 5. gg• 00' 40.52 feet abng Lot 21 of this aul~division to a point;
8. 188' 00' 50.00 feet along Lot Z1 of this subdivlaion to a poet;
7 ~5• 0D~ 40.52 feet abng Lots 21 and 20 of this subdtWsion to
a pok4;
Thence, foflovving along Lots 20 and 19 of this subdivisbn on a aave to the teR wlNr a
radius of 575.00 feet, the choM aslmuth and
dletance being:
B. 271' 00' 100.23 feet to a point;
4. 268' Od 289.48 feet abng Lot 1g, the Southerly end of Nana
Street ExbrNian and along Loh 17 and 19 of
tlih subdNtelon ro a pdr>k
Thence, following along Lots 19,15 and 14 of ihh subdivN4ton on a verve Io the right with
a radius of 1,029.00 feet the chord azimuth
and dhtarks being:
10. 270' Od 143.00 feet ro a point;
11. 274• 00' 118.ti3 feet along Lob 14, f 2 and 13 of this subdivision
ro a pok+k
12. 4' 00' 50.00 feet abrp Lai 47-8-1 and along the romainder
of Grant 3750 to lCahgnanui ro tl1e poGM of
beginning and oontaMing an area of 34,413
Squers FeeR
28
ROAD LOT !3
KUKUINUI SUBDMSION. INCREMENT I
Land situated on the Southery side of Road Lot A and approximatey 180 feet F~slerly of
Holohob Street Extension at Kalaoa 4fh, North Kone, laland and County of Hawal, State d
Hawaii.
Beirp portions of
Lot 47-~2; and
Grant 3750 to Kahanonui.
Beginning at the NoriMueaterh comer of this parcel of land, being also the Norlheastery
comer of Lot S end being a point on the Sokrlherty side of Road Lot A of this subdMslon, the
coordinates of said point of bsginntrq refened to Govemmortt Survey Trfangkrla0on Staltan
'MOANUUIHFA' being 5,329.53 feet South and 14,597.08 feet West snd funning by azimuths
meaakued clockwise from Tnxs 3oulfc
Thence, for the nerd fifteen (1~ coursfn followkq along tlts remainders of Lot 47-B-2 and
Grant 3750 to Kahanfuarr .
Thence, from a tenpeni azinaffh d 257•!i8'Lot A ~
w~t>dN On on aaxw&to Ore right
with a radiw of 975.00 feet, the chord azimuth
and dlatancs belrp:
1. 270• 59• 29• 102.35 feet l0 a twill;
2. 274• lam' 0.25 feet along Road Lot A of this subdivison to a
point;
Thence, for the next four (4} courses fdlowfng along Lot 11 of This subdivision:
Tlronce, from a tangent azlmkAh of 94• ara
2nowhw~ ~
c~hor~d a~rn~utlk~ana
ai
dsckanwoa
bsktg:
3. 47. 30~ 35.27 feet to a pohh
29
4. 1 • 00' 7.81 feet fo a poirtk
.{f. Thence, roAowing on a curve to the left wkh a radius of 40.00 feet, Ore chord azknuth and
dlafanos treinp:
5. 340' S8' 25" 27.44 feet to a poinC,
~r
Thence, from a tangent azimuth of 320.52' S0" foAowirq on a verve to the right with a
radius of 45.00 feet, the chord azimuth and
dktancs bekg:
8. 331' S2' S0" 17.17 feet to a point;
Thence, from a tar+gent azimuth of 342.52' 50' fotbwkrg along Lot 10 of thk wbdMalon
on a cove to the right with a radius of 45.00
feet, tlts chord azimuth and dbtanoe being:
7. 4' ST 08" 38.82 feet to a point;
Thence, Rom a tangent azimuth of 27' 01' 28" fotbwinp etong tot 8 of this subdtvkion on
e curve t4 the right wilh'r nidiua of 45.00 feet,
the chord aztmud? and distarror befnp:
8. 48' 22' 04"' 28.81 fast to a point;
'thence. Aram a tarrgent azlrraAh of 85.42' 42' IdbMrlnp aforrg La18 ai tlrk aubdlvlaton on
a cow to the NBht with a ndlus of 46.00 feet,
the chord azknrM and dWanCa txaing:
9. 88' 51' 21" 32.48 feet ro a polr~
Thence, from s tsn8errt azitrrutft of 108'00' foAowittg abnp Lot 7 of fhk wbdfvtsion on
. curve to 0te right wAh a radius of 45.00 feet,
tM ritord a:irrtt>!lt and distance bekrg:
10. 12r oo' 28.30 teat to • poir>C
rnenoo, from a tenpertt ozimtM of 146• iJO' ?oAowktp atone t.ot 5 01 Otk aubdMaion on
a curve !o the ripM with a ?adkn d 45.00 feet,
the chord azimuth and dlatanoe txf~p:
1 s. 174• 2T 30' ~ 42.ti8 filet t0 ¦ pohtk
Thence, for Uts next four {4) aortnres fotiowing abnp Lot 8 of thh wbdMsbn:
Thence. from a tengerrt ezimuUt of 202' S5' fdlowin8 on a curve to the right wBh a radius
of 46.00 feet, the ctwM azimuth and distance b~np:
12. 212• 01' 05" 14.24 feet m s poktt
Thence. from a tangent azimuth 01221' OT itY fol(owtrrp on a verve ro the left vd0?a radiw
o140.D0 feet, the chord azimuth and dissents
being:
13. 201' 03' 3S" 27.44 feel M a pdr~
14, 181' 00' 7.81 tent to a poir>x
'Them, fallowing on a rxxve to the fell with a radius of 25.00 feet, the chord azimuth and
r9stancs being:
t 5. t 34' 29' 29" 38.27 feel to fhs polrtt olbapfnn(np and conlsininp tut
area of 8,0415quare Feel.
30
HOLOFIOLO STREET EXTENSION
KlrKU1NUl SU90MSION INGREA,~NT
Land slNaled on the Nortfxry end of Hobhob Street and on the Southery aide of Raad
Lot A of this subdNislon at Kalaos 4~, North Kona, lalend and County of Hawail, Stets of Hawall.
Being poRions of:
Lot 47-8-2; and
Grant 3750 to Kahanarxri.
Beghnlrg at the SoutheastarlY timer of this parcel of land, befog also the Southwesterly
tamer of Lot 3 of this aubdlvielon, the Nt>rVrvvestery oomerof Lot 78 of Kona PaNsade, Unit II (FAs
Plan 1087) and the NorMrvvesterlY tbmer of the Northerly end of Habhob Street, the cotsrd4+atas
of said polni of beginning referred to GtmmmeM Survey Trlanguladon Statlon'MOANUIIWFA'
being 6,539.87feel5oulh and 14,922.89 feetWeat and ttuu+irg by azimuthameasurod dockvrlse
from True South:
1. 98• 20' ~ ~ 50.00 feet alorp the Northerly end of Hololwlo Street
to a potrtk
Thence. tot the next nine (s) courses follovrirg Borg the remelnder tN Lot 47-8.2 and Grant
3750 to Kehananui:
Z. 189• 20' 3.3f fast shop Lot 2 of this aubdtvisbn to a point:
Thence, folbvring abrg Lots 1 and 1 tN this subdlvNion tit a verve b the bR wlth a ndhu
of 550.00 feet, the chord azimuth and distance
being:
3. 182' 40' 727.70 feet to a pohi:
4. 170• 00' 31.59 feet abrp Lot 1 0l this subdlvlabn to a point;
31
Y
f' Thence, fopowing along Lot 1 of this aubdivlsion on a curve to Uro iM with a rodlw of 20.00
feet, the chord azimuth and distance being:
5. 131' 1KY 28.28 feet to a potni;
8. 288' 00' 90.00 feet along the Southerly silo of Road Lot A of
this subdMsbn to a point;
Thence, from a tangent azimuth of 88.00' idiowing abnp Lot 4 of this subdivision an a
aave to the IeR with a radius of 20.00 feet, the
chord azimuth and distance l»Mg:
7. 41' 00' 28.28 feet to a poird;
B. ~r 00~ 31.69 feet along Lot 4 d thle subdbision to a point;
Thence, toAowing akng Lots 4 and 3 of thb subdMslon on a crave to the right with a
radius of 800,00 foot, the chord a¢lmutn and
distance bsirg:
9. 2' 40' 139.31 feet to a polyd:
10, 9' 20' 3.31 test along Lot 3 of this sutrdNtsbn to the point
of beginnMg and oontsininp an area of 9,807
Squaro Feet.
32
of NANA STREET EXTENSION
KUKUINUI SUBDIVISION INCREMENT I
~a
Land skuated on the Soutirerly aide of Atonal Kauhlni and approximately 20 feet Southerly
of Nana Street at Kalaoa 4th, North Kona, lalard and County of HawaN, State of HawaB.
! Being portions of:
Lot 47-8-2; end
Grant 3750 to Kahananul.
Beginning at the Southeasterly corner of thin parcel of land, being also the Soutiaaeatery
corner of Lot 17 and being a point on the Northery Bide of Roed Lot A of tlds subdivlaion, the
coordinates of aald poMi of beginning retorted to Government Survey Triangulation Stetlon
•I+AOANUTAIiEA' being 8,293.51 feat South and 14,902.80 feet weal and running by az)muths
measured clockwise from True South:
Thence, for tiro next 1Ws {5) courses tdlovr+rrg along the romatnderof Lot47-B-2 and Grant
3750 to Kahanarwk
1. 88' 00' 90.00 feet along the Nottirsrfy olds of Road Lot A of
this wbdividon to a pokM;
Thence. for 8re next four (4) oouraes foNowkrg aiwrg Lot 19 of 1Ms aubdlvlsion:
Thence, foNowMg on a curve to the left with a radius of 20.00 feet the chord azimuth and
distance being:
2. 221' 00' 28.28 feat to ¦ points,
3. 178• 00' 1.23 feet to a print;
Thence, foNawing on a curve to the right with a radius of 825.00 feet the ctroM ezlmuth
ant dhfance being:
4. 778' 19' 30" 95.70 feelio a point:
33
5. 182' 39' 33.95 feet to a point;
6. 283• 59' 50.58 feat obnp 8rs Southerly side d Alanul KauldM
to a polo!:
Thence, for the next four (4) courses following sloop the remalndero of Lot 47-&2 and
~~~°0° Grant 3750 to Kahananul:
7. 2' 3!Y 41.57 feet along t.ot 18 0l thb subdhiision to a point:
Thence, foNawirrp sloop Lots 18 and 17 of this subdivbion an a curve to Ore left whh a
rodltu of 775.00 leaf, the chord azimuth and
dbhtnoe being:
8. 359• 19' 30' 89.90 /eat to • polyd:
9. 358' 00' 1.23 feet abnp Lot 17 of tltb subdivbion to a point:
Thence, foNowinp sloop Lot 17 of this subdfvblon an a curve to the left with a radius of
20.00 feet, Ots lord azimuth and distance
being:
10. 311• 00' 28.28 feet to the pokrt of bepkrMnp and tontaiMng an
aroa of 7,704 t3quero Feet.
1
34
.p sy:.:::.
3~
q~
EXHIBTT B
TMK (3} 7-3-028:102
35
. ~...x.,..._- -
EXHIBIT B"
Lor 2t
(Proposed Lots 1 thru 14 of Kukuinul SubdMebn, Ineroment Ih
KI KIIINUI SUBDMSIQN. INCREMENT I
Land situated on the Westerly end of Road Lot A of this sutdNlsbn and on the Southerly
side of Alsnul ltauhini et Kalaoa 4th, North Kona, Island and County of Hawap, Stets of Howell.
edrp poNona of
Lot 47-&2; and
grant 3750 to Kahananul.
Bepirutinp at an arpls point on the Easterly boundary of Ws parosi of Iand, being slw the
Soulhwestsrly comer of Lot 20 and s point an the Northery aids of Road Lot A of tlus sut~isbn,
the coordinates of sold point of beginning referred to Govemmant 3unroy Tdsnpdatbn Station
'MOANUTAHEA' behtg 8,298_M feet South and 15,134,68 feet West and mm~irq by azimuths
measurod dodnMiss from True 3outtK
1. 96' 00~ 28.00 feel abrp fhs Northerly aids of Road Lot A of
this eubdWisbn to a poh?t;
2 6' 00' 50.00 feet atone the Westerly end of Road Lot A of
1Ms subdhrlslon to a pdn~
3. 278' 00' 40.62 feet sbnp the Southsry sWs of Road Lot A of
this subdivision to a poled;
Thence, loNowtng along the 8outhsrly side of Road Lot A of this subdivision on a wive to
n,. tell vrNh . radius or e25.ao rest, the dwra
azimu0l and dletenee being:
4. 274' 53' 24.38 feet to s poir~
36
t'
{r'
5. 358' 00' 159.80 feet along Lots 1 and 2 of this subdMision and
along the remainders of Lot 47-&2 and Gront
3750 to Kal~ananul to a point;
8. 99' 20' 305.41 feel along Lots 187,188, 185,184 end 183 of
Kane PAliaads, Unk tI (Fib Plan 1087) and
along Grant 2972 to Kaapau and Kama to a
tit
7. 89' 31' 389.76 feel along Lots 183, 182, 181, 180, 179 and
178 of Korn Palisade, Unit Q (Fib Plan 1087)
and abnp Grant 2972 to Kaapsu and Kama to
a point;
8. 181• 52' 20" 213.42 feel abnp Lot 4 {Goverrrrnent Lend (State of
Haara7) to a point;
9. 282' 31' 659.08 feet abrg the Southerly side of Abnul Kauhlnl
to a poink
10. 8' 00' 133.39 feel abnp Lof 20 of this subdiWsbn and abrg
the romaindsrs of Lot 47-&2 and Grant 3750tH
Kahananui m the point of t~spinr>Inp and
conhkrinp an aroa of 3.884 Acros.
37
4F WRiQq 6
Qq. G'•A
00 Cy I ~ 9 ~ ? ry ? r~ rl,
19 19
' DEPAR7`IiA-ENT OF WATER'siUPPLY COUNTY OF HAWAI°I
OG~tpF6AWP1~a'3c 34'S `K-EK'U AN AO`A .sTfr&ET, SUITE 20 • HILO, HAWAII 96720
TELE PH ONE (808)961-8050 FAX (806)961-8657 -
May 16, 2007
TO: Mr. Christopher J. Yuen, Planning Director
Platming Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE ORDINANCE N0.97-56 (REZ 854)
REQUEST: 5-YEAR TIME EXTENSION TO CONDITION D OF ORDINANCE 97-56
KUKUINUI SUBDIVISION, INCREMENT 2
APPLICANT - RS10 KALAOA, LLC
TAX MAP KEY 7-3-010:037
We have reviewed the subject request and have the following comments and conditions.
Please be informed that the applicant does not have a water commitment for the 13 additional units of water
needed for the proposed Increment 2 of the Kukuinui Subdivision (1 unit is cunently assigned to the Increment
2 remainder lot).
Currently the necessary water system improvements needed to provide the additional water for Increment 2
would include, but not be limited to, additional source development. Prior to issuing a water commitment, the
developer would need to show the Department how they propose to provide the additional source needed.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961-8070, extension 255.
Si y yours,
Milto .Pavao, P.E.
~ Man
FM:dfg
copy- RS10Kalaoa,LLC Planning De~pt•
Exhibit~-
028771
l~Uater brinc~~ rroc~reaa...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discdmination, write: USDA, Director, Office of Civil
Righ[s, Room 326-W, Whiten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD)
OOJNZY OF M,~q
ilitie
Harry -l ~'=`i~~ ~ Barbara Bell
Mayor ~ ~ ~ - - - Director
4 - ~ - - .~d i ~r<oi'Mi.~
Nelson Ho
:,if,-i~-,. - , Deputy Director
~ixixixt~ ixf ~tt(uttii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawsii 96720-4252
(808) 961-8083 • Faz (808) 961-8086
MEMORANDUM
Date : April 19, 2007
To CH`RIS~TOPHER YUEN, Planning Director
From: J~i-B.4~F~ARA~BL,'Director
SubjeM: t~ Change of Zone Application (REZ 854)
Applicant: RS10 Kalaoa, LLC
Request: 5-Year Time Extension to Condition D of Ordinance No. 97 56
TMK: 7-3-10:37
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS:
(x) No comments
( )Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 21-5 of the Hawaii County Code.
( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawaii County Code. Complete D.E.M. Sewer Extension Application.
( )Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85pf the Hawaii ounty Code.
Other: ~ Lr]l~/1
TECHNICAL SERVICES COMMENTS:~~~~,y~1J~~\ ~'4,1.~A~ \1'lJ~~~
SOLID WASTE COMMENTS: " - ~ ~ ~v\\~~ ~g '
( ) No comments
( 56) Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
( ~k;) Aggregates and any other construction/demolitionwasto should be responsibly reused to
its fullest extent.
( Ample and equal room should be provided for rubbish and recycling.
Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
Construction and demolition waste is prohibited at all County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines.
( )Existing Solid Waste Management Plan is to be fo11_owed. Provide update ±e ±he department cn
current status.
( )Other:
cc: SWD, TSS, WWD 9az1 1
Hawaii County is an equal opportunity provider and employer. o ~ " J
ican'ning L?spt.~ 1
r 1. •1_ ~i j~
I
f+ B8ibi19 Bch
[;;a!,
Direclo~
Harry ICim r '
MOB Michsd Dworsky P.E
Solid 8'aateDivlsion Chief
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupmd BNeet, Roam 210 • Hilo. Hewafi 967244252
(800) 961~8D8i • Fa: (008) %1.0086
June 6, 2006
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which
special conditions are placed on developments. The solid waste management plan will
be used to: (1j encourage recyding and recyding programs, (2) predict the waste
generated by the proposed development to antidpate the loading on County transfer
stations, landfills and recyding fadlities, and {3) predict the additional traffic being
generated because of waste and recycling transfers.
REPORT
The consultants report will contain the following:
1. Description of the project and the potential waste it may be generating: i.e.
analysis of arttidpated waste volume and composition. This includes waste
generated during the construction and operational phases. Greenwastes will be
induded in this report for both constnldion grubbing and future operational
landscape maintenance.
2. Description and location of the possible sites for waste disposal or recyding. We
will not allow the use of the County transfer stations for any commercial
development; commercal development as defined under the policies of the
Department of Environmental Managemenrt, Solid Waste Division.
3. Since the Department of Environmental Management promotes recyding,
indicate onsite source separation facilities by waste stream; i.e, source
separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample
and equal space for rubbish and recycling.
4. Identification of the proposed disposal site and transportation methods for the
various components of the vaste disposal and recycling system, including the
number of truck traffic and the route that truck will be using to transport the waste
and recycled materials.
Solid Waste Management Plan Guidelines
Page 2 of 2
5. The report will include any impacts to County waste and recycling facilities, and
the appropriate mitigation measures. All recommendations and mitigation
measures will be addressed.
6. Description of the waste reduction component that analyzes techniques to be
employed to achieve a reduction goal.
7. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be done for all commeraal developments, as
defined under the policies of the Department of Environmental Management,
Solid Waste Division.
2. We will require the developer to provide or resolve all recommendations and
mitigation measures as outlined in the report; besides any rwnditions plated on
the applicant by the Department of Environmental Management
3. A licensed environmental or civil engineer will draft and certify the solid waste
management plan.
CONCUR:
j/~%~ i~
Barbara Belt
DIRECTOR
10/13/03
Revised 06/O6/D6
Hawai'f County is en Equal Opportunity Provider and Employer.
Mtvw~
Harry Kim _ ~',c~ Lawrence K. Mahuna
Mayor ~ - - ~ Police Chief
•iy,. ~
• -
>r'A. Ni+' Harry S. Kubojiri
- Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Stree[ • Hilo, Hawaii 96720-3998
(808) 935-3311 Faz (808) 961-2389
May 1, 2007
TO CHRI~i'~PHER J. YUEN, PLANNING DIRECTOR
,M ~ .~I
FROM D REK PACHECO, ASSISTANT CHIEF,
AREA II OPERATIONS
SUBJECT Change of Zone (REZ 854)
Applicant: RS10 Kalaoa, LLC
Request: 5-Year Time Extension to Condition D of
Ordinance No. 97 56
Tax Map Key: 7-3-10:37
Staff has reviewed the above-referenced application and has no comments or
objections to offer at this time.
RA:dmv
~ianning pD~ept.
Exhibit~._
(!~?~~~0
"Hawai'i Coun[y is an Equal Opportunity Provider and Employer"
~•lr ar,y,~
~:'sf-
Harry Kim Darryl J. Oliveira
Mayor Fire Chkf
~ - •°;;.'hFwy Glen P.I. Honda
Deputy Fire Ch1eJ
• i_'..
~ . `~outttp of ~a~iv~i`i
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Suite 103 • H00. Hawai`I 96720
(808)981-8394• Fax (808)981-2037
May 7, 2007
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE (REZ 854)
APPLICANTS: RSIOKALAOALLC
REQUEST: 5-YEAR EXTENSION TO CONDITION D OF
ORDINANCE NO. 97 56
TAX MAP KEY: 7-3-10:37
We have no comments to offer at this time in reference to the above-mentioned Change of Zone
amendment request.
D RR L OLTVEIRA
Fire Chief
PBW:Ipc
~p11 CCG~
a
(~`~~5~1
Haruaii County is an Equal Opportunity Provider and Employer. P'pnning Deplt
~n 1~
O~t'],OF X~~1
L~
Ha¢x):Silp.,:,, 'i Edwin S. Taira
Mgyar - Housing Administramr
.~r`~~~
. ` t
, ~ouutp of ~aboati
OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
50 WailWcu Drive • Hilo, Hawaii 96720-2484
V!I'I' (808) 961-8379 • FAX (BOS) 961-8685
April 27, 2007
MEMORANDUM
TO: Chris Yuen, Director
Planning Department
FROM: Edwin S. Taira ~y.>"'-"--~
Housing Administrator
SUBJECT: Change of Zone Application (REZ 854)
Applicant: RS10 Kalaoa, LLC
Request: 5-Year Time Extension to Condition D of
Ordinance No. 97-56
Tax Map Key: 7-3-010:037
Affordable housing conditions, pursuant to Hawaii County Code,
Chapter 11, Housing, remain applicable to the request. While the
County of Hawaii executed an Agreement to satisfy condition K,
to date RS10 Kalaoa, LLC has not satisfied their affordable
housing requirement.
Thank you for the opportunity to comment.
?fanning f3e~pt.
lxhibit
4~i}aI
a
1285pasr
EQUAL HOUSING OPPORTUNITY
"HAWAI'I COUNTY IS AN WUAL OPPORTUNITY
PROVIDER AND EMPLOYER"
E ~~N
P4 9N, PCC~RD~~O~NG
LLYOA LINGLE o ~eR r'R n•- evwmovuNUwNOrvnnaw4acmuxcvs
GOVERNOR OF HAWAII ~ I~ 2 _ _ cVnmissioNONwwiSavscuac[uwnwa[weM
I I RORERTK M1fASUUA
pp - DERT'ORECfp4
q_ J ` r BOwTWOMwOIX'S~.W~PECI.F.wipN
V BVRFAI~Cf [ONYEYgNCES
Dt~nd Mtl /,rd '~.WlP4m~ ~ • • conumNDSeav ww~iPx m~ENU~ADENENt
~c~ ~`d,~ coNSERVnrion•.woaESDDaES ExramwENr
WR0.Pb
xsroarc vaEaERVwnon
STATE OF HAWAII ~Dw~
KAXW.'AwE t9V.NDPESFAK [OMNISSAN
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
Srah oflM+saN POST OFFICE BOX 621
HONOLULU, HAWAII 96809
April 20, 2007
County of Hawaii
Planning Department
101 Pauahi Street Suite 3
Hilo, Hawaii 96720
Attention: Mr. Norman Hayashi
Gentlemen:
Subject: RS10 Kalaoa, LLC 5 Year Time Extension to Condition D of ordinance
No. 97 56, North Kona, Hawaii, Tax Map Key: (3) 7-3-10:37
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources has no comment to offer on the subject matter.
Should you have any questions, please feel free to call our office at 587-0433. Thank you.
Sincer
Russell Y. Tsuji
Administrator
0278~.G
Planning Dept.
r~__LL7a IZ
LINDA LINGLE to ~
°_!rq BARRY FUKUNAGA
GOVERNOR 4~~,D SD_ i DIRECTOR
I - ~ ! Deputy Directors
~ t,L FRANCIS PAUL KEENO
~ BRENNON T. tiAORIOKA
- `i i 6~:
~ BRIAN H. SEKIGUCHI
STATE QF f{AWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET STP 8.2481
HONOLULU, HAWAII 96813-5097
May 10, 2007
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: RS10 Kalaoa, LLC
Amend Ordinance No. 97 56 -Time Extension to Condition D
TMK: 7-3-10:37
Thank you for requesting our review of the proposed time extension.
The subject amendment to Ordinance No. 97 56 will not impact our State transportation facilities
in the area.
We ap eci e the opportunity to provide our comments.
Very ly urs,
BARRY F AGA
Director of sportation
U285~8
Planning ®~pt.
Exhibit
Y
RRS l OKalaoa-REZ854.jwd-OS-23-07
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
RS10 KALAOA LLC
CHANGE OF ZONE ORDINANCE N0.97-56 (REZ 854)
AMENDMENT TO CONDITION D (SECURE FINAL SUBDIVISION APPROVAL)
Upon review of the request, the Planning Director recommends that a favorable
recommendation of the request to amend Condition D of Change of Zone Ordinance
No. 97-56 be forwazded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position
based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
On April 7, 1997, the Hawaii County Council approved Change of Zone
Ordinance No. 97-56, which rezoned approximately 10.283 acres of land from an
Agricultural (A-Sa) to a Single Family Residential (RS-10) district. The applicant has
submitted a request fora 5-year time extension to comply with Condition D of Zone
Ordinance No. 97-56 (REZ 854), which states:
"D. Final Subdivision Approval of the proposed residential subdivision within the
subject property shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance."
The applicant is in the process of subdividing and developing a total of thirty-four
(34) residential lots. Increment 1 has been completed, which consists of twenty (20) lots.
Increment 2 is pending until the applicant is able to obtain the required water
commitments from the Department of Water Supply for the remaining lots. According to
the applicant, they have graded the roadway to subgrade and have graded the lot pads for
Increment 2. They will commence construction once the water commitments have been
secured.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
-1-
are not the result or their fault or negligence. To date, the applicant has expended
considerable funds for the 2"a increment of the project in preparing the roadway and lot
pads. The applicant is still in the process of obtaining the required water commitments
from the Department of Water Supply for the 2"a increment to allow them to construct
infrastructure improvements and receive Final Subdivision Approval. According to the
Department of Water Supply, the applicant does not have a water commitment for the 13
additional units of water needed for the proposed Increment 2 of Kukuinui Subdivision.
The necessary water system improvements needed to provide the additional water for
Increment 2 would include, but not be limited to, additional source development. Prior to
issuing a water commitment, the developer would need to show the Department of Water
Supply how they propose to provide the additional source needed.
Approval of this request would not be contrary to the General Plan nor the
original reasons for the granting of the Change of Zone. Since the original approval
of the change of zone request, the General Plan has been amended. The General Plan
Land Use Pattern Allocation Guide (LUPAG) Map has been revised from Urban
Expansion to Low Density Urban in this area. Change of Zone Ordinance No. 97-56
rezoned approximately 10.283 acres of land from an Agricultural (A-Sa) to a Single
Family Residential (RS-10) district. The original request to allow single family
residential uses continues to be consistent with the General Plan for this azea.
Additionally, the request is not contrary to the original reasons for granting the change of
zone.
Based on the above findings, it is recommended that a favorable recommendation to
amend Change of Zone Ordinance 97-56 be forwazded to the County Council.
The accompanying draft bill reflecting an amendment to conditions of Ordinance No.
97-56 is provided for your favorable consideration. (Material to be deleted is bracketed and
strike through and material to be added is underscored).
-2-
~~v or y
t~
COUNTY OF HAWAII STATE OF HAWAII
»~OF MF',,,~
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO.97 56, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 5 ACRE (A-Sa) TO SINGLE FAMILY RESIDENTIAL -10,000
SQUARE FEET (RS-10) AT KALAOA 4~, NORTH KONA, HAWAII, COVERED BY TAX
MAP KEY 7-3-028:082 -102 (FORMERLY 7-3-010:037).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 97 56 is amended as follows:
"SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
SECTION 2. [mi. ,.w,..,,.e a:....:,., ,.i......:r ......a:~:....va ,...,....we F n,...,:.....~
In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County
Council finds the followin¢ conditions aze:
Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
Protection of the public from the potentially deleterious effects of
the proposed use, or
Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors, or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The required water commitment payment for the proposed second increment shall be
submitted to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within [~et}~(99j]one hundred and eight 1801 days from the
effective date of this []amendment.
C. The subject property shall be subdivided in two increments. The first increment shall
consist of a maximum of twenty-four (24) lots based upon the units of water available
and committed to the applicant by the Department of Water Supply. Subdivision of the
second increment shall be submitted only after the Depaztment of Water Supply grants to
- the applicant the necessary water commitments for each of the proposed lots of the
- second increment. No variance from the minimum water requirements for any portion of
the subject property shall be granted.
D. Final Subdivision Approval of the proposed [ ~ ]second increment
within the subject property shall be secured from the Planning Director within five (5)
yeazs from the effective date of this [~e]amendment.
E. Restrictive covenant in the deeds of all the proposed residential lots within the subject
property shall prohibit the construction of an ohana dwelling or a second dwelling on
each lot. A copy of the proposed covenant to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to
the issuance of Final Subdivision Approval. A copy of the approved covenant shall be
recited in an instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval
for any portion of the subject property. A copy of the recorded document shall be
provided to the Planning Depaztment upon its receipt from the Bureau of Conveyances.
F. In conjunction with Final Subdivision Approval for any portion of the subj ect property,
Holoholo Street shall be extended through the subject property to connect with Nana
Street and constructed to dedicable standards with paved swales, meeting with the
-2-
approval of the Deparhnent of Public Works. This roadway connection from the
dedicated portion of Holoholo Street to Nana Street shall be dedicated to the County of
Hawaii upon completion.
G. Access to all lots within the proposed subdivision shall meet with the approval of the
Deparhnent of Public Works. Improvements within the proposed subdivision shall
include underground utilities.
H. Drainage improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works in conjunction with Final Subdivision Approval.
I. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell
concentrations or human burials, be encountered, work in the immediate azea shall cease
and the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological cleazance from the DLNR-HPD when it finds that sufficient mitigative
measures have been taken.
J. The applicant shall make its fair share contribution to mitigate the potential regional
impacts of the subject property with respect to pazks and recreation, fire, police, solid
waste disposal facilities and roads. The amount of the fair shall contribution shall be the
sum which is the product of multiplying the number of residential lots proposed to be
subdivided by the amounts allocated hereinbelow for each such lot, and shall become
payable prior to final subdivision approval for any portion of the subject properly or its
increments. If the subject property is subdivided in two or more increments, the amount
of the fair share contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number of
'additional proposed residential lots in each such increment. The fair share contribution
-3-
maybe in a form of cash, land, facilities, or any combination thereof acceptable to the
director in consultation with the affected agencies. The fair share contribution shall have
a maximum combined value of [Q' '"O ' ~ Y
.]$10,368.57 ner single- amtl
residential unit. [g°°"~ " 4t.^ ..„„1:....„4°.. « ^ ^„4..47..„ ..C :„4^„4 4......1.A:..:A^ a„A
N'fAG 1 Z1 AA 1.,....^..^« 47.^ 4..4,.1 ...„....„4 ..l.,.ll 1,^ ;„..«^,...^A «^A..^^A .,.:4t.
• > o
^4 ~ .ht, r,.„a:4:,.„ r m,.^ r ,.,...n w^ ..n,.,.^4^a r The
total amount shall be determined with the actual number of units according to the
calculation and payment provisions set forth in this condition. The fair share contribution
per single-family residential unit shall be allocated as follows:
1. [QZ Ann ec r :„a:^..4^a 4,.4,,, ,.re» o~cQe nn]$4,999.91 neI single-
family residential unit to the County to support park and recreational
improvements and facilities;
2. [ ]$241.20 ner single-family
residential unit to the County to support police facilities;
3. [ezzz t..4 F :„a:^...^,t .,..^t ^ve, i ino'A]$476.39 ner single-family
residential unit to the County to support fire facilities;
4. [e, A c r,.« :„,t:,.^.^a 4..4^, ,.cQA nee ne] $208.57 ner single-family
residential unit to the County to support solid waste facilities;
5. [ez,n,~o„^,.,..4 s«^„:„a;^n4^a4..4^,^FQine~A~eiz]$4.442.50nerSlrigle-
familyresidential unit to the County to support road and traffic improvements.
-4-
The fair share contributions described above shall be adjusted annually beginning
three years after the effective date of the change of zone, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). In lieu ofpaying the fair
share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities and roads within the region impacted by the proposed
development, subject to the approval of the director. The cost of providing and
constructing the segment of roadway which establishes a roadway connection
between Holoholo and Nana Streets (exclusive of interior subdivision roads), as
set forth in Condition[s] F, shall be credited against the sum specified in
Condition J(5) for road and traffic improvements. For purposes of administering
Condition J, the fair market value of land contributed for such roadway segment
and the cost of constructing its improvements shall be subject to the review and
approval of the director, upon consultation with the appropriate agencies.
K fT,. ° rl...r ~1.° ..,.,.1.....,A ,.,.1:,.:°.. ,.FA.° L7,....,;«,. 1;1°«,°«t ..FA.° °~..1 Dl...,
l ..le«.,,«r°A tL,° .,1:...,«r ..1,.,11 ° Fl,° ..F A,° IIFF...° ..F
° °
LT° l~,. :r..11° °1^ .,r ~1,°r vl,° ,.1: ..t~ ..FF x,1..1.1° 1,..
° ° e o
F _ .,~°..^.,;^....FF7.° ....1.:°°. ]To ensure that the Goals and
Policies of the Housing Element of the General Plan are implemented, the
applicant shall comply with the requirements of Hawaii County Code, Chapter
11, as it relates to affordable housing. Compliance with Chapter 11 shall be
approved by the Administrator of the Office of Housing and Community
Development for the entire project prior to receipt of Final Subdivision A proval
for the proposed second increment.
L. Should the Council adopt a Unified Impact-Fees Ordinance setting forth criteria
' for imposition of exactions or the assessment of impact fees, conditions included
-5-
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all applicable County State and Federal laws
rules reQlxlations and requirements;
[~JN [
a' 1.,+ ,.....«Lua 1... LL.e Dl..««;«.. Tl:xunL..r Ll.e f 11....::«a
ora ~ „ a......~.. _ _„..._~_a _i...__ ___a
mss:
} T1. «..~C 46e ..e....l} ..F ....«A:L:..«n A,n4 n...,lA «..t h...,e 60
F ° 1`°~ «.7 Ll,e «Lx..l ..F Ll,e 1 i 1: «Ln _ u-~o'
A kl, 4 LAe xen..lk Ll...:x F....14 «.,..l:..e«ne•
f
1 ti«....F Ll,u ti«..+ u.,4u« ,.1.7 «..L l.e n «L.n.-,r 4.. }l,o (:e.,ox.;l Ul^.
_ vr~ n
n.
.,..........a _
_ °x
3J~rm-ni~iib--orcn~crinc-°vicccFxoioix vioaza ixoc vc° cavc¢'m:-j-co ca°c .'~.:b......
F LI,.+ ..".«ti«,. ..F LI.e nl.n«..n ..F ....«e
A Tl, •L ,.«Le.i nl,nll l,e F x n ,.,7 «..L L.. a eva Ll.e «n.-;...1
« a' Y~ Y
t,e u..4v«ava c L,. n,la:.:,.«,.1 . n.a ]If the applicant
should require an additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for appropriate
action.
-6-
[l3]O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director [shall] y initiate rezoning of the area to it original or more
appropriate designation."
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-7-
A-Sa ~a ` iS A-Sa hfa
1S
A-Sn
~ A•Sa
6,099.80 S x
14,4691.33 W ;
INOANU/AHEA~ pt Q
A-Sa
~Y,OPL
L
A a
A-Se
A"Sa pW S
xa
A-Sa A fa
a-fa
0
A-1a
A-5a A;fa R ZO
w
0 0
z ti
R 20
AGRICULTURAL 5-ACRE (ASa) RS o
3 TO SINGLE FAMILY RESIDENTI
70000-SQUARE FEET RS-10 RS20
A-Sa 10.2830 ACRES A-~ R&f5 RS S
450 225 0 450 900 1350 1 B00 2250
Feet
r
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL 5-ACRE (A-5a)
TO SINGLE FAMILY RESIDENTIAL 10,000-SQUARE FEET (RS-10)
AT KALAOA 4th, NORTH KONA ,HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
K: 7328:082-102 formal) 7-3.010:037 Date: May 23, 2007 ~
EXHIBIT ~~A~~ (RS10 Kalaoa, LLC:1234)