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Home My WebLink AboutCOM 0981.000 2006-2008 Harry Kim Christopher J. Yuen Mayor Director ......Brad Kurokawa, ASLA / of G. LEED® AP K~' lcruntg n# P211<UFItl Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 (808) 961-8288 • FAX (808) 961-8742 January 24, 2008 1 Honorable Pete Hoffmann, Chairman ? And Members of the County Council 1= HAWAII COUNTY COUNCIL T_ 333 Kilauea Avenue, Second Floor Hilo, Hawaii 96720 Dear Chairman Hoffmann and Members of the County Council: c.;. SUBJECT: Proposed Resolution for Approval of In Lieu Fair Share Contribution Condition H of Change of Zone Ordinance No. 02 25 (REZ 715) Land Owner: Parker Land Trust Tax Map Key: (3) 6-2-1:9; 6-7-1: por of 25; 6-7-2:9, 48, por of 17; 6-8-1:por of 1 & 8, Waimea, South Kohala In accordance with Section 2-162.1, Hawaii County Code 1983 (2005 Edition) as amended, transmitted herewith for the County Council's consideration and action is a proposed resolution relating to the in lieu fair share contribution in an amount of $902,738.95 for the support of park and recreational improvements and facilities, as required by Condition G and M(1)(h) of the above-referenced Ordinance No. 02 25. For your information, we have enclosed a copy of Ordinance No. 02 25, documentation showing the actual cost of park and recreational improvements for the YMCA athletic field, and documentation showing the fair market value of land dedicated to the County as trail easements. Comm. No. `-1 / Ref. To: f v VL.- 517--C)S~ Ref ~ Iatn JAN 2 5 Anna Hawal'i County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffmann, Chairman And Members of the County Council HAWAII COUNTY COUNCIL Page 2 January 24, 2008 Should you have any questions, please feel free to contact me or staff Alice Kawaha of this department at 961-8288. Sincerely, CHRISTOPHER J. Yi'I'EN Planning Director MJC:cs P:\wpwfn60\Maija\Fair Share\Resolutions\I.PeteHoffmann PSReso-Parkerl andTrust ParksREZ715.doc Enclosures xc: Mr. Sidney Fuke, Planning Consultant Ms. Alice Kawaha, Long Range Planning Division r 4 Parker l Ranch, est.1847 June 10, 2004 Christopher J. Yuen, Director County of Hawaii Planning Department 101 Pauahi Street Hilo, Hawaii 96720 Subject: Parker Ranch 2020 Project - Parker Ranch, Inc. Complaince with Condition H of Ordinance No. 96-117 Waimea, South Kohala, Hawaii Island Dear Mr. Yuen: This is in regard to Parker Ranch's compliance with Condition H of Ordinance No. 96-117 which rezoned land in Waimea as part of the Parker Ranch 2020 development. More specifically, Condition H of this Ordinance requires that Parker Ranch shall make its fair share contribution of $3,490.85 per residential lot, as may be adjusted, to support park and recreational facilities to mitigate potential regional impacts of the subject property. This condition further provide that: The cost of constructing the improvements and the fair market value of land contributed required in Condition G and M(1), shall be credited against the sum specified in Condition H.1. for Parks and Recreation. Condition M(1 )h. require the provision of a ten (10) acre park within the commercial zoned lands adjacent to the existing Parker Ranch Center. More specifically, Condition h. required that: Within the commercial zoned area, a minimum of ten acres of land shall be set aside for open space or park purposes for the general public. Said open space/park areas shall be in the general location of the heritage park as delineated in Exhibit "D" and shall be improved with a multi-purpose athletic field, meeting with the approval of the Planning Director in consultation with the Department of Parks and Recreation. The park and open space shall be available for use by the public in conjunction with the receipt of final subdivision or final plan approval within the subject property. 67-1435 Mimalahva Wvy. K muela, Hawaii 96743 Telephone: (868) 885-7321 Facsilinile: (808) 885-5607 V11"1Y1 9ZIk:(91RVLb,-,"yo Clristopher J. Yuen June 10, 2004 Page 2 The required park improvements have been completed in accordance with Condition M(I)h. and the area is being maintained by the YMCA in accordance with the agreement with the County and the Office of the Mayor. At this time, Parker Ranch is seeking credit of $339,480 for the construction of the multi-purpose athletic field. This credit can then be used to offset future fair share contribution requirements for Parks and Recreation facilities. In this regard, please find attached the Final Cost Summary and Job Cost Report summarizing the costs involved in developing the park improvements. Please be informed that in accordance with the provisions of Condition H, we will also be seeking credit for the fair market value of the 10 acre park site. We are in the process of finalizing an appraisal to determine the value of the contribution. This will be submitted to you upon completion. Thank you for your attention to this matter. Please call me if you have any questions on this in the meantime. Sincerely, David A. Houle President & CEO Attachments C: Bill Moore, WLM Planning Buzz Paxton, Parker Ranch, Inc. V'h1Kt',I-!1 RANCH MULTI-PURPOSL E'k0Jf (,1 9013.11-<^.e71(; FINIAL COST SUMMARY CODE DESCRIPTION COST 01-1000 IN-HOUSE LABOR $6,704.00 02-2000 SITE PREPARATION $257,890.00 70-2100 CIVIL ENGINEERING $63,383.02 70-3230 ADA CONSULTANT $1,438.66 70-6100 SURVEYOR $9,152.00 70-9000 PRINTING/REPRODUCTION $911.62 TOTAL PROJECT COST $339,479.30 See Attached Job Cost Report For Additional Detail l:iaxcP~ 1 ~Otrl )0E-;,1~~1-6 c) aFvr,e0la-rd 13ireooi- 1~epar~rre,atof 1Pads C~ Recreation 101 Pauahi Street, #6 Kilo, Hawaii 96720 RI-, Waimea Trails and Greenways Project (County job No. P-3595) Trait Easements A, SA and 7 at 'FMK (3) 6-5-3.5, 6-6-3: 8 & 6-6-L 38 Kamuela, South Kohala, Hawaii I apologize for my tardy reply to your request. I have met with Chris Kanazawa, our Chief Executive Officer and Parker Ranch is in agreement with the proposal contained in your letter of 9/19/06. Specifically, we agree to the following: a. Land area: 8.467 acres b. Valuation: $563,259.65 The Department of Parks and Recreation and the Planning Department will credit the above land area and valuation against Parker Ranch's 2020 Master Plan (zoning ordinance 02-25) fair share obligations. Since we are agreeing to your trail easements' areas, alignment and valuation as proposed, please have the Planning Department formalize the agreement and we can commence execution of the easement documents. Please get back to me if you have any questions. Again, I apologize for my tardy response. Please understand that Parker Ranch continues to be very supportive of the Trails and Greenways project. Sincerely, Riley W. Smith, P.E. Vice President Land &s Asset Management cc: Clem Lam Kaz Sbigezawa, Landscape Images, Inc. Roy Takemoto, Planning Department Greg Mooers, Consultant lames Komata, Parks & Recreation 67-1435IVIamalahoa llwy- Kanmela, HaNvaii 96743 10 (80") 885'? r 11 CA 1~ax: (80N)885-S6 P (,i rs~~n~,v.p,a,lerraricIix:) *r ~il M f t f:' J U~ illP Ui 1~ [F~ th~~'ei` Y \Pl Qi F&f :,°::.~.j:'r~ p7,~!raaeY;t tti, 1"?li~Nr~,c~ 4je °i µp~ - - E'Fettte(~Uio-ectoi Countp of IaWai`lf (DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street, Snite 6- Hilo, Haivan 96720 (808) 961-8311 - Fax (808) 961-8411 September 19, 2006 Mr. Riley W. Smith, P.E. Vice-President, Land & Asset Management Parker Ranch 67-1435 Mamalahoa Highway Kamuela, Hawaii 96743 Dear Mr. Smith: Subject: Trail Easements at Parker Ranch Lands for the Waimea Trails & Greenways Project (Job No. P-3596) Trail Easements A, 5A and 7 at TMK (3)6-5-03:005 (Por.), 6-6.03:008 (Por.) & 6-6-01:038, respectively, Kamuela, South Kohala, Hawaii The purpose of this letter is to determine the combined value of the subject easements and to request your assistance in presenting the proposed easements to the Board of Trustees for their consideration and acceptance. In October 2003, our consultant, Landscape Images, Inc., produced an appraisal prepared by the Lawrence Appraisal Group for the original trail easement requests over lands held by Parker Ranch. Following this, in response to your request for more current figures, Lawrence Appraisal Group revisited its original appraisal and adjusted the values for elapsed time and current market conditions. This supplemental report, dated July 3, 2006 was transmitted to you previously as was the original appraisal. Originally, the trail easements, labeled 5, 6 and 7, totaled approximately 4.209 acres of land over the three subject parcels. Following this report, we reviewed the alignment, terrain and scope of the proposed easements relative to the needs and impacts of the trail's design and use. We also looked further at the character of the subject parcels resulting from the placement of the easement and assessed the need for greater flexibility in trail alignment and the potential for greater connectivity to public ways along the trail. Accordingly, we met with you and requested your consideration in entertaining various augmentations of the proposed easement areas to include a segment of trail required for continuity that was previously overlooked (at Lanakiia Park), to eliminate isolated pockets and segments of land, to better respond to the difficult terrain and preferred alignment of the trail, and to simplify management (for both the County and Parker Ranch) and control of the easements' boundaries. In concurrence with the results of that meeting, we are now proposing revised trail easements over the three subject parcels relabeled Easements A, 5A and 7 totaling approximately 8.467 acres. The ioliowing is a summation cif the originally pmpo ;ec easarnents° areas v4ih thc., E:oRo ,t,rli,~liG~d~ revised/updated appraisal valises and zt computation deriving tho overall per-a(w average tTiiu: _ Trail Easement 5 0.973 Acres $200,000 Trail Easement 6 0.298 Acres $ 10,000 Trail Easement 7 2,938 Arms 70 000 4.209 Acres $280,000 = $66,524.11/Acre Because time is of the essence in securing of the easements in order for trail design to commence and not jeopardize federal and county funding for the corresponding construction of the first segment of the trail, we had agreed that the per-acre value computed in the previous table would be utilized and applied proportionally to the increased area of taking. As such, the following is a summation of the current proposed easements' areas and a computation of the resulting lump sum value derived thereby. Trail Easement A 0.247 Acres x $66,524.11/Acre = $ 16,431.46 Trail Easement 5A 5.177 Acres x $66,524.11/Acre = $344,395.32 Trail Easement 7 3.043 Bergs x 66.6 4.1,1/Agrg = $202.1 .87 8.467 Acres $563,259.65 Pending your concurrence of the methodology and valuations applied to the current proposed easements' areas, the Department of Parks and Recreation and the Planning Department are willing to credit Parker Ranch the above stated land area and valuation against its Parker Ranch 2020 Master Plan fair share obligations. We have consulted with the Planning Director on this matter and he is in concurrence. Upon approval of your Board of Trustees on the trail easements' areas, alignments and valuation as proposed, we will request the Planning Department formalize the agreement and we can commence execution of the easement documents. I trust this letter, with the enclosures of the new proposed easement maps and metes and bounds, will be sufficient for Parker Ranch to move forward on approving the request. Should you have any questions, require clarification or need additional information, please contact James Komata, Park Planner at 961-8531. Since c ly, /Patrici~'~ Engelhard Director Encls: Lawrence Appraisal Group letter dated July 3, 2006 Trail Easement A Map and Metes & Bounds document (2 Copies) Trail Easement 5A Map and Metes & Bounds document (2 Copies) Trail Easement 7 Map and Metes & Bounds document (2 Copies) Copy: Kaz Shigezawa/Landscape Images, Inc. (via mail, w/o Ends) Greg Mooers/Mooers Enterprises (via mail, w/o Encls) Roy Takemoto/Crifiee of the Mayor (w/o Ends) Chris Yuen/Planning Department (w/o Encls) COUNTY OF HAWAR STATE OF HAWAII BILL NO. 152 (Draft 2) ORDINANCE NO. 02 25 AN ORDINANCE AMENDING ORDINANCE NO. 96-117, WHICH AMENDED SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-95E (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 92-65 BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) AND (A-3a); SINGLE FAMILY RESIDENTIAL (RS-7.5), (RS-10), (RS-15) AND (RS-20); DOUBLE FAMILY RESIDENTIAL (RD-5); MULTIPLE FAMILY RESIDENTIAL (RM-2) AND (RM-3); VILLAGE COMMERCIAL (CV-7.5); AND LIMITED INDUSTRIAL (ML-20) TO AGRICULTURAI. (A-40a), RESIDENTIAL AND AGRICULTURAL (RA-la), SINGLE FAMILY RESIDENTIAL (RS-7.5) AND (RS-10); MULTIPLE FAMILY RESIDENTIAL (RM- 5.0); VILLAGE COMMERCIAL (CV-7.5); AND LIMITED INDUSTRIAL (ML-20) AT OULI, LANIKEPU, LALAMILO, WAIKOLOA AND PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-01:9; 6-7-01:PORTION OF 25; 6-7-02:9,48, AND PORTION OF 17; AND 6-8-01:PORTIONS OF 1 AND 8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 96-117 is amended as follows: "SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Ilawaii County Code, and Ordinance No. 92-65 are amended to change the district classification of properties described hereinafter as follows: INDUSTRIAL PARK AREA The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Limited Industrial (ML-20): PARCEL "A"/EXHIBIT "C": Beginning at the Southeast corner of this parcel of land, on the Westerly side of Mamalahoa -1- Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 2,715.91 feet North and 9,035.74 feet East, thence running by azimuths measured clockwise from True South: 1. 96° 00' 945.00feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu: 2. 186° 00' I,152.38feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu: 3. 276° 00' 945.00feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4. 6° 00' 1,152.38feet along the Westerly side of Mamalahoa Highway to the point of beginning and containing an area of 25.000 Acres, more or less. (Refer to Parcel "A" as shown on Exhibit "C"_) SECTION 2. Section 25-95E and Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance No. 92-65, are amended to change the district classification of properties described hereinafter as follows: WAIMEA TOWN CENTER AREA The district classification of the following area situated at Waikoloa and Lalamilo, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-7.5): PARCEL I/EXHIBIT "A": Beginning at the Southwest corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 930.72 feet South and 6,802.70 feet West and thence running by azimuths measured clockwise from True South: 1 186° O7' 307.48 feet along the Easterly side of Mamalahoa Highway; 2. 2110 38' 235.57 feet along the Easterly side of Mamalahoa Highway; 3. 321 ° 06' 154.60 feet along Lot 1 of Ainakokua Subdivision, Unit "A"; -2- 4. 2260 16' 12 1.60 feet along Lot 1 of Ainakokua Subdivision, Unit "A", 5. 1310 51' 44.90 feet along Lot I of Ainakokua Subdivision, Unit "A% 6. 2150 44' 149.65 feet along Lots I and 2 of Ainakokua Subdivision, Unit "A% 7. 2240 39' 62.10 feet along Lot 3 of Ainakokua Subdivision, Unit "A"; 8. 1320 Ol' 14.00 feet along Lot 3 of Ainakokua Subdivision, Unit "A"; 9. 2130 08' 141.47 feet along Lot 4 of Ainakokua Subdivision, Unit "A"; 10. 1250 31' 25.97 feet along Lot 4 of Ainakokua Subdivision, Unit "A"; 11. 21 10 38' 338.91 feet along Lots 5, 6 and 7 of Ainakokua Subdivision, Unit "A"; 12. 1210 38' 10.00 feet along Lot 7 of Ainakokua Subdivision, Unit W" 13. 2100 03' 75.00 feet along Lot 8 of Ainakokua Subdivision, Unit "A"; 14. 2140 47' 30" 46.60 feet along Lot 8 of Ainakokua Subdivision, Unit "A"; 15. 2150 09' 30" 150.15 feet along Lot 9 of Ainakokua Subdivision. Unit "A"; 16. 2120 31' 126.25 feet along Lot 10 of Ainakokua Subdivision, Unit "A"; 17. 3060 42' 30" 37.05 feet along Lot 11-B of Ainakokua Subdivision, Unit "A"; 18. 2170 56' 112.97 feet along Lot 1 1-B of Ainakokua Subdivision, Unit "A", to a rebar (found); -3- 19. 120° 46' 172.00 feet along Lot 11-B of Ainakokua Subdivision, Unit "A", to a rebar (found); 20. 2110 38' 168.00 feet along the Easterly side of Mamalahoa Highway; 21. 314° 38' 280.92 feet along Lots 1-C and 2-A, along the remainder of Grant 5183-B to Annie T.K. Parker; 22. 224° 38' 254.67 feet along Lots 2-A, 2-13 and 2-C, along the remainder of Grant 5183-B to Annie T.K. Parker; 23. 213° 23' 56" 14.26 feet along the Southerly side of Kaomoloa Road; 24. Thence along the Southerly side of Kaomoloa Road, on a curve to the left with a radius of 730.00 feet, the chord azimuth and distance being: 300° 51' 55" 64.54 feet; 25. Thence along the Southerly side of Kaomoloa Road, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 341° 36' 42" 27.42 feet; 26. 296° 26' 22" 50.02 feet along the Southerly side of Kaomoloa Road; 27. Thence along the Southerly side of Kaomoloa Road, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 249° 53' 30" 28.28 feet; 28. 204° 53' 30" 30.00 feet along the Easterly end of Kaomoloa Road; 29. 294° 53' 30" 227.78 feet along the remainders of Grant 9879 to A.W. Carter, Trustee and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Ilueu; -4- 30. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. Ito G.D. Hueu, on a curve to the right with a radius of 1,200.00 feet, the chord azimuth and distance being: 316° 37' 26" 888.65 feet; 31. 338° 21' 22" 253.01 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 32. 68° 2 P 22" 411.32 feet along the remainder of R.P. 5671. L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 33. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu, on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 540 51' 01.5" 467.08 feet; 34. 41 ° 20' 41 " 339.10 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 35. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 1,100 feet, the chord azimuth and distance being: 66° 43' 35.5" 943.03 feet; 36. 182° 06' 30" 286.84 feet along the remainder of R.P. 5671, L.C Aw. 8521-B, Ap. 1 to G.D. Hueu; 37. 246° 39' 30" 515.98 feet along the Southeasterly side of Lalamilo Reservoir Site Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378); 38. 143° 39' 30" 500.82 feet along Lalamilo Reservoir Site and Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378), passing over a cut (found) at 30.79 feet; 39. 53° 39' 30" 312.00 feet along Lalamilo Reservoir Site, Governor's Executive Order 1965 (C.S.F. -5- 5. 294° 53' 30" 64.00 feet along Lot 22 of Kaomoloa Subdivision, Increment 2 (File Plan 1683) to a '/z inch pipe (found); 6. 225° 12' 32.52 feet along Lot 22 of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 7. 232° 17' 733.78 feet along Lots 22, 21, 20, 19, 18, 17, 16 and 15 of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 8. 322° 15' 1,085.83 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order Numbers 2954 and 3454 (C.S.F. Nos. 17634 and 21161), passing over a spike (found) at 354.42 feet; 9. 248° 15' 13" 696.06 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order Number 3454 (C.S.F. No. 21161) and remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243); 10. 306° 59' 22" 105.89 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243); 11. 36° 59' 22" 298.60 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243); 12. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 1,000.00 feet, the chord azimuth -7- and distance being: 520 40'22" 540.64 feet: 13 68° 21' 22" 592.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hnen to the point of beginning and containing an area of 25.042 Acres. (REFER TO PARCEL 2 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated at Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-10): PARCEL NEXHIBIT "A": Beginning at the East corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 894.64 feet South and 2,589.42 feet West and thence running by azimuths measured clockwise from True South: 1. Along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F_ No. 12243), on a curve to the left with a radius of 8,065.00 feet, the chord azimuth and distance being: 53050'41A" 404.99 feet; 2. 52° 24' 22" 55.91 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 3. 142° 24' 22" 25.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 4. 520 24' 22" 465.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and -8- recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. 322° 24' 22" 20.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 6. 52° 24' 22" 185.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 7. 322° 24' 22" 5.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. 52° 24' 22" 182.58 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 9. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,935.00 feet, the chord azimuth and distance being: 53° 41' 57.3" 358.15 feet; 10. 1 13° 33' 30" 1,268.18 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hucu; 11. 91 ° 16' 30" 88.16 feet along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu; 12. 85° 49' 202.56 feet along the remainder of R.P. 5671, -9- L.C. Aw. 8521-13, Ap. I to G.D. Hueu; 13. 89° 29' 271.64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 14. 92° 40' W, 24.88 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. I to G.D. Hueu; 15. 153° 46' 30" 263.08 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 16. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. I to G.D. Hueu, on a curve to the left with a radius of 1,100.00 feet, the chord azimuth and distance being: 232° 33' 35.5" 427.89 feet: 17. 221 ° 20' 41 339.10 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 18. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. I to G.D. Hueu, on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 234° 51' 01.5" 467.08 feet: 19. 248° 21' 22" 1,003.32 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. I to G.D. Hueu: 20. Thence along the remainders of R.P. 5671, L.C. Aw. 8521-13, Ap. I to G.D. Hueu and Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 2320 40' 22" 540.64 feet; 21. 216° 59' 22 298.60 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); -10- 22. 306° 59' 22" 320.00 feet along the remainder of Deed. Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 23. 36° 59' 22" 141.91 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.T. No. 12243); 24. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being: 3580 16'32" 171.60 feet, 25. 8° 09' 22" 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 26. 321 ° 46' 22" 905.21 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) to the point of beginning and containing an area of 85.435 Acres. (REFER TO PARCEL 3 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated at Lalamilo, Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Village Commercial (CV - 7.5): PARCEL 4/EXHIBIT "A": Beginning at the West corner of this parcel of land, on the Southeasterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 2,167.89 feet North and 4,350.78 feet West and thence running by azimuths measured clockwise from True South: -11- 1. 232° 15' 8.50 feet along the Southeasterly side of Mamalahoa Highway; 2. 229° 18' 41.60 feet along the Southeasterly side of Mamalahoa Highway; 3. 322° 15' 151.15 feet along the remainder of Grant 5183-A to Annie T.K. Parker, 4. 232° 15' 1538 feet along the remainder of Grant 5183-A to Annie T.K. Parker; 5. 322° 15' 177.70 feet along the remainders of Grant 5183-A to Annie T.K. Parker and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 6. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 3,040.00 feet, the chord azimuth and distance being: 326° 41' 16" 470.45 feet; 7. 333° 05' 50" 216.25 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 8. 229° 18' 311.62 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 9. 139° 18' 104.80 feet along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu; 10. 250° 05' 468.58 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 11. 205° 39' 03" 99.89 feet along R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 11 205° 48' 18.11 feet along R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 13. 219° 51' 30" 147.30 feet along the remainder of Deed: Hawaiian Homes Commission to Richard -12- Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 14. 331 ° 48' 180.00 feet along L.C. Aw. 4037 to A.D. Allen; 15. 2590 30 416.00 feet along L.C. Aw. 4037 to A.D. Allen: 16. 159° 00' 427.26 feet along L.C. Aw. 4037 to A.D. Allen; 17. 70° 30' 233.64 feet along L.C. Aw. 4037 to A.D. Allen; 18. 146° 36' 30" 240.35 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu and along Grant 481 to Edmond Bright, to a 1 inch pipe (found); 19. 239° 44' 30" 296.53 feet along the remainder of R.P. 5671, L.C. Aw_ 8521-B, Ap. 1 to G.D. Hueu; 20. 238° 57' 40" 105.54 feet along R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 21. 2390 42' 20" 259.43 feet along R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 22. 335° 25' 91.03 feet along Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 23. 2390 07' 122.71 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 24. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 365.00 feet, the chord azimuth and -13- distance being: 348° 17' 06" 171.19 feet; 25. 334° 43' 22" 261.10 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 26. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and L.C. Aw. 2271 to Oili, on a curve to the left with a radius of 2,265.00 feet, the chord azimuth and distance being: 3270 09' 742.16 feet; 27. 317° 48' 22" 405.25 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138. Page 426 (C.S.F. No. 12243); 28. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on curve to the right with a radius of 665.00 feet, the chord azimuth and distance being: 3580 09' 22" 1,046.62 feet; 29. 50° 03' 22" 100.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 30. 14° 50' 42" 159.42 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 31. 91 ° 10' 18" 48234 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); -14- 32. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being: 260 26' 35" 426.91 feet; 31 510 42' 52" 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C,S_F. No. 12243); 34. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 1450 16'07" 123.98 feet; 35. 1480 49' 22" 284.95 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 36. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 1370 54' 22" 378.76 feet; 37. 1260 59' 22" 582.71 feet along the remainder of Deed: Ilawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 38. 680 15' 13" 76.32 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in -15- Liber 3138, Page 426 (C.S.F. No. 12243); 39. Thence along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161 on a curve to the right with a radius of 840.00 feet, the chord azimuth and distance being: 1460 44' 01 " 658.77 feet; 40. 1690 49' 13" 140.00 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161); 41. Thence along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161), on a curve to the left with a radius of 760.00 feet, the chord azimuth and distance being: 161° 51' 31" 210.54 feet; 42. 63° 53' 49" 111.58 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161); 43. 145° 26' 371.30 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order 2954 (C.S.F. No. 17634); 44. 140° 8' 30 12.77 feet along Waimea Elementary and intermediate School Lot, Governor's Executive Order 2954 (C.S.F. No. 17634); 45. 234° 00' 30" 129.75 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Ap. 1 to G. D. Hueu; 46. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. I to G.D. Hueu, on a curve to the left with a radius of 2,960.00 feet, the chord azimuth and distance being: -16- 143° 07'45" 90.84 feet; 47. 142° 15' 127.91 feet along the remainder of R. P. 5671, L.C. Aw. 8521-B, Ap. I to G.D. Hueu; 48. 219° 29' 14.94 feet along Government Land; 49. 142° 15' 195.50 feet along Government Land to the point of beginning and containing an area of 101.490 Acres. (REFER TO PARCEL 4 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated on the southwesterly side of Kamamalu Street at Puukapu, Waimea, South Kohala, Hawaii, shall be Multiple Family Residential (RM - 5): PARCEL 5/EXHIBIT "A": Beginning at the North corner of this parcel of land, on the Southwesterly side of Kamamalu Street, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 3,192.19 feet North and 1,595.74 feet West and thence running by azimuths measured clockwise from True South: 1 329° 07' 408.13 feet along the Southwesterly side of Kamamalu Street to a I-1/4 inch pipe (found); 2. 59° 07' 125.00 feet along the remainder of Grant 5973 to Charles Baker; 3. 329° 07' 100.00 feet along the remainder of Grant 5973 to Charles Baker; 4. 74° 44' 120.21 feet along Lot 9 of Puukapu Village House Lots, along Hawaiian Homes Land; 5. 74° 11' 40" 20.18 feet along Hawaiian Homes Land to a 1-1 A inch pipe (found); 6. 329° 08' 09" 55734 feet along Hawaiian Homes Land; -17- 7. 75° 21' 22" 136.38 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. Thence along the remainder of Decd: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 48021'22" 272.39 feet: 9. 21 ° 21' 22" 175.85 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 10. 45° 46' 08" 65.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 11. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and L.C. Aw. 2271 to Oili, on a curve to the right with a radius of 2,265.00 feet, the chord azimuth and distance being: 1470 09' 742.16 feet; 12. 154° 43' 22" 261.10 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 13. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 365.00 feet, the chord azimuth and _lg_ distance being: 168° 17' 06" 171.19 feet; 14. 239° 07' 128.87 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and Grant 4955 to J.T. Baker, along Waimea Civic Center, Executive Order No. 2632 (C.S.F. No_ 16258); 15. 329° 07' 353.38 feet along the remainder of Grant 4955 to J.T. Baker; 16. 254° 51' 319.25 feet along the remainders of Grant 4955 to J.T. Baker and Grant 5973 to Charles Baker; 17. 211 ° 00' 12.40 feet along the remainder of Grant 5973 to Charles Baker; 18. Thence along the remainder of Grant 5973 to Charles Baker, on a curve to the left with a radius of 620.00 feet, the chord azimuth and distance being: 185° 17'46.5" 537.81 feet; 19. 239° 07' 40.43 feet along the remainder of Grant 5973 to Charles Baker, along Waimea Civic Center, Executive Order No. 2632 (C.S.F. No. 16258), to the point of beginning and containing an area of 12.558 Acres. (REFER TO PARCEL 5 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Residential and Agricultural (RA-1 a): PARCEL 6/EXHIBIT "A": Beginning at the East corner of this parcel of land. the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 250.73 feet North and 140.81 feet West and thence running by azimuths measured clockwise from True South: -19- l . Along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,065.00 feet, the chord azimuth and distance being: 73° 19' 09.5" 354.65 feet; 2. 162° 03' 34" 25.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S_F_ No. 12243), on a curve to the left with a radius of 8,090.00 feet, the chord azimuth and distance being: 70° 26' 52" 455.07 feet; 4. 338° 50' 10" 10.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,080.00 feet, the chord azimuth and distance being: 65° 40' 33" 890.89 feet; 6. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 595.00 feet, the chord azimuth and distance being: 1810 49'07.5" 304.27 feet; 7. 216° 17' 52" 71.03 feet along the remainder of Deed: -20- Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 575.00 feet, the chord azimuth and distance being: 214° 20' 33" 220.00 feet; 9. 194° 50' 42" 159.42 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 10. 230° 03' 22" 100.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); l l. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 665.00 feet, the chord azimuth and distance being: 178° 09' 22" 1,046.62 feet; 12. 137° 48' 22" 405.25 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 13. 225° 46' 08" 65.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 14. 201 ° 21' 22" 175.85 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in -21- Liber 3138, Page 426 (C.S.F. No. 12243); 15. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7. 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 2280 21' 22" 272.39 feet; 16. 255° 21' 22" 136.38 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 17. 329° 08' 09" 2,243.34 feet along Hawaiian Homes Land to the point of beginning and containing an area of 39.710 Acres. (REFER TO PARCEL 6 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 7(EXHIBIT "A": Beginning at the South corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 894.64 feet South and 2,589.42 feet West and thence running by azimuths measured clockwise from True South: 1. 141 ° 46' 22" 905.21 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 2. 188° 09' 22' 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, -22- Page 426 (C.S.F. No, 12243), on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 1780 16' 32" 171.60 feet; 4. 216° 59' 22" 141.91 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. 306° 59' 22" 156.82 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 6. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 317° 54' 22" 378.76 feet; 7. 328° 49' 22" 284.95 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 1.000.00 feet, the chord azimuth and distance being: 3250 16' 07" 123.98 feet 9. 231 ° 42' 52" 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 10. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated -23- July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 2060 26' 35" 426.91 feet; 11. 271 ° 10' 18" 482.34 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), 12. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.SF. No. 12243), on a curve to the left with a radius of 575.00 feet, the chord azimuth and distance being: 34° 20' 33" 220.00 feet; 13. 36° 17' 52" 71.03 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 14. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 595.00 feet, the chord azimuth and distance being: 1 ° 49' 07.5" 304.27 feet; 15. 'thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.SF. No. 12243), on a curve to the left with a radius of 8,080.00 feet, the chord azimuth and distance being: 61° 54' 57" 169.15 feet; 16. 331 ° 18' 58" 15.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard -24- Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 17. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,065.00 feet, the chord azimuth and distance being: 58° 17' 59.4" 848.76 feet, to the point of beginning and containing an area of 20.804 Acres. (REFER TO PARCEL 7 AS SIIOWN ON EXHIBIT „A") The district classification of the following area situated at Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 8/EXHIBIT "A": Beginning at the South corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 2,420.96 feet South and 4,818.76 feet West and thence running by azimuths measured clockwise from True South: 1. 1660 20' 30" 1,070.46 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D.Ilueu; 2. 293° 33' 30" 1,268.18 feet along the remainders o£R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu and Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.ST, No. 12243); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of -25- 7,935.00 feet, the chord azimuth and distance being: 55° 33' 07.3" 155.01 feet; 4. 146° 06' 42 5.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated lily 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,930.00 feet, the chord azimuth and distance being: 57° 21' 54" 346.91 feet; 6. 148° 37' 06" 10.00 feet along the remainder of Deed: Hawaiian homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S_F. No. 12243); 7. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,920.00 feet, the chord azimuth and distance being: 600 37' 067" 552.86 feet, to the point of beginning and containing an area of 12.644 Acres. (REFER TO PARCEL 8 AS SHOWN ON EXHIBIT „A") The district classification of the following area situated on the easterly side of Mamalahoa Highway at Waikoloa, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 9/EXHIBIT"'A": Beginning at the Southwesterly corner of this parcel of land, on the Easterly side of -26- Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 1,400.07 feet South and 6,852.17 feet West and thence running by azimuths measured clockwise from True South: 1. 186° 01' 182.19 feet along the Easterly side of Mamalahoa Highway; 2. 246° 39' 30" 591.02 feet along the Southerly side of Lalamilo Reservoir Site Roadwav, Governor's Executive Order 1965 (C.S.F. No. 13378); 3. 2° 06' 30" 286.84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 4. Thence along the remainder of R.P. 5671. L.C. Aw_ 8521-B, Ap. I to G.D. Hueu, on a curve to the left with a radius of 1,100.00 feet, the chord azimuth and distance being: 257° 56' 30" 538.44 feet; 5. 333° 46' 30" 263.08 feet along the remainder of'R.P. 5671, L.C. Aw. 8521-B, Ap. I to G.D. Hueu; 6. 92° 40' 30" 127.02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. I to G.D. Hueu; 7. 84° 21' 285.04 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. I to G.D. Men, 8. 97° 09' 165.55 feet along the remainder of R.P, 5671, L.C. Aw. 8521-B, Ap. I to G.D. Hueu; 9. 66° 52' 30" 14.96 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D Hueu; 10. 94° 51' 109.84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 11. 89° 11' 496.05 feet along the remainder of R.P. 5671, L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu to the point of beginning and containing an area of 5.951 Acres. (REFER TO -27- PARCEL 9 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated on the easterly side of Mamalahoa Highway at Waikoloa, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL IO/EXHIBIT "A": Beginning at the Northwesterly corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 930.72 feet South and 6,802.70 feet West and thence running by azimuths measured clockwise from True South: 1. 276° 0I' 453.92 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. linen, 2. 66° 39' 30" 520.81 feet along the Northerly side of Lalamilo Reservoir Site Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378); 3. 186° 01' 255.34 feet along the Easterly side of Mamalahoa Highway to the point of beginning and containing an area of 1.330 Acre. (REFER TO PARCEL 10 AS SHOWN ON EXHIBIT "A") SECTION 3: Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code and Ordinance No. 92-65, are amended to change the district classification of properties described hereinafter as follows: RURAL - RESIDENTIAL. AREA The district classification of the following area situated at Ouli and Lanikepu, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL "A"/EXHIBIT "B": Beginning at the Southwest corner of this parcel of land, on the Northerly side of Kawaihae Road (F.A.P. N.R.H. I 1-C), being, also, the East corner of Lot 7 of Kamuela View Estates, Units 1-A -28- and I-B (File Plan 1620), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 13,903.67 feet North and 3,247.55 feet West, thence running by azimuths measured clockwise from True South: 1. 1190 30' 946.02 feet along Lots 7, 8, 9, 10 and 23 of Kamuela View Estates, Units 1-A and 1-B (File Plan 1620); 2. 192° 35' 2,155.00 feet along the Government Land of Momoualoa: 3. 198° 34' 1,194.15 feet along the Government Land of Momoualoa: 4. 276° 02' 227.36 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 1-A 5. Thence along the Southwesterly side ofKohala Mountain Road (F.A.P. E-11-A), on a curve to the right with a radius of 370.00 feet, the chord azimuth and distance being: 310° 25' 417.90 feet; 6. 3440 48' 16.20 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 1-A); 7. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 551.70 feet, the chord azimuth and distance being: 327° 43' 324.14 feet; 8. 310° 38' 535.40 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A 9. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 529.10 feet, the chord azimuth and distance being: -29- 287° 07' 30" 422.10 feet; 10. 263° 37' 20.00 tcet along the Southwesterly side of Kohala Mountain Road (F.A.P. E- I 1-A 11. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-I 1-A), on a curve to the right with a radius of 380.30 feet, the chord azimuth and distance being: 2730 04' 30" 124.99 feet; 12. 309° 44' 66.70 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 1-A); 13. 255° 00' 40.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E- II -A); 14. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 ]-A), on a curve to the right with a radius of 380.30 feet, the chord azimuth and distance being: 306° 25' 30" 124.99 feet; 15. 315° 53' 542.70 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E- I I -A); 16. 321 ° 32' 30" 75.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-] 1-A); 17. 343° 27' 171.90 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 18. 353° 00' 80.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 I -A); 19. 5° 46' 291.20 feet along the Southwesterly side of -30- Kohala Mountain Road (F.A.P. E-1 1-A 20. 25° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 21. 358° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 22. 343° 53' 123.60 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 1-A 23. 311 ° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-I1-A); 24. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 I-A), on a curve to the left with a radius of 426.20 feet, the chord azimuth and distance being: 287° 32' 506.63 feet; 25. 251 ° 04' 1.60 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 26. 274° 00' 180.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 27. 290° 30' 221.70 leet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A 28. 307° 02' 274.50 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A 29. "Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. F-I 1-A), on a curve to the left with a radius of 440.30 feet, the chord azimuth and distance being: 296° 39' 30" 158.59 feet; 30. 286° 17' 440.30 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 31. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 1-A on a curve to the right with a radius of 570.00 feet, the chord azimuth and distance being: 2890 42' 67.94 feet; 32. 314° 1 F 89.00 feet along Deed: State of Hawaii to Jesse E. Blackwell and Cynthia G. Blackwell dated March 24, 1975 and recorded in Liber 10554, page 92; Thence along the middle of Lanikepu Gulch, along Grant 15231 to Jesse E. Blackwell and Cynthia G. Blackwell, the direct azimuth and distance between points being: 33. 17° 33' 30" 73.87 feet; Thence along the middle of Lanikepu Gulch, along Grant 13706 to Richard Smart, for the next two (2) courses, the direct azimuths and distances between points being: 34. 29° 40' 165.60 feet, 35. 890 10' 620.00 feet; Thence along the middle of Lanikepu Gulch, along Grant 15228 to Bruce A. Tegman, et al, the direct azimuth and distance between points being: -32- 36. 500 04' 30" 237.95 feet; 37. 700 15' 571.79 feet along Grant 13706 to Richard Smart and Lots 50 and 51 of Lalamilo House Lots - Second Series; 38. 830 10' 354.45 feet along Lots 51 and 52 of Lalamilo House Lots - Second Series; 39. 1160 15' 131.74 feet along Lots 53 and 54-D of Lalamilo House Lots - Second Series; 40. 990 07' 148.37 feet along Lots 54-D and 55 of Lalamilo House Lots - Second Series; 41. 1380 49' 43.18 feet along Lots 55 and 56 of Lalamilo House Lots - Second Series; 42. 1080 17' 123.55 feet along Lots 56 and 57 of Lalamilo House Lots - Second Series; 43. 550 05' 84.87 feet along Lot 57 of Lalamilo House Lots - Second Series; 44. 910 02' 86.26 feet along Lots 57 and 58-B of Lalamilo House Lots - Second Series; 45. 750 52' 94.11 feet along Lots 58-B of Lalamilo House Lots - Second Series; 46. 880 34' 196.07 feet along Lots 58-B and 59 of Lalamilo House Lots - Second Series; 47. 800 37' 141.89 feet along Lot 60 of Lalamilo House Lots - Second Series; 33- 48. 64° 00' 71.70 feet along Lot 60 of Lalamilo House Lots - Second Series; 49. 57° 02' 122.25 feet along Lot 60 of Lalamilo House Lots - Second Series; 50. 58° 24' 53.50 feet along Lot 60 of Lalamilo House Lots - Second Series; 51. 35° 39' 12.58 feet along Lot 60 of Lalamilo House Lots - Second Series; 52. 102° 18' 752.39 feet alone the Northerly side of Kawaihae Road (F.A.P. N.R.H. 1 1-C). 53. Thence along the Northerly side of Kawaihae Road (F.A.P. N.R.H. 1 I-C). on a curve to the left with a radius of 1,940.00 feet, the chord azimuth and distance being: 95° 3l' 30" 457.73 feet to the point of beginning and containing an Area of 229.752 Acres, more or less. (REFER TO PARCEL "A" AS SHOWN ON EXHIBIT "B") All as shown on the map attached hereto, marked Exhibit "A", "B", and "C" and by reference made a part hereof. SECTION 4. With the exception of Section 3 relating to the Rural Residential Area, which zoning shall take effect upon the effective date of this ordinance, these changes in district classification are conditioned upon the following: OVERALL DEVELOPMENT: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; -34- (B) within three years from the enactment of this ordinance the applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity can be established. The effective date of the changes in district classification(s) shall be the date on which the Planning Director has certified such assurances to be satisfactory. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water source(s) of sufficient quality and quantity can be established at the designated location(s). The actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Residential building permits shall not be issued until the approved water source is developed and its transmission and distribution system for such source to the subject property has been constructed. Residential building permits may be issued for model home complexes, provided that such model homes will not be occupied until the approved water source is developed. (C) a historic preservation mitigation plan of each development area shall be prepared and submitted for approval by the Planning Department, in consultation with the Department of Lund and Natural Resources, prior to submitting plans for -35- preliminary subdivision or plan approval review of each development area. The plan shall consist of an archaeological data recovery plan and a preservation plan. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations in the respective development area, (D) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (E) to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Director to formulate a housing plan for the development. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of any portion of the residential zoned area. The housing plan shall allow satisfaction of the requirements in this condition by in-lieu payment, land, or any combination thereof and shall be based on a maximum density for the residential area, as determined by the applicant with the concurrence of the Planning Director. Pull affordable housing credits shall be given for the 4.7t acres set aside by the applicant and dedicated to the -36- County for the 40-unit elderly housing site as well as any other future land or residential lots set aside for employees of the applicant who meet the prevailing income criterion for an affordable home. (F) the applicant shall work with the State Department of Education and the Planning Department to provide its pro rata share for school facilities. In establishing the applicant's pro rata share, credit for contributions to public and private schools in the area shall be given to the applicant, subsequent to the adoption of Ordinance No. 92-65. The pro rata share determination and its implementation (i.e. dedication of land, construction of classrooms or funding) shall be approved by the Planning Department, in consultation with the Department of Education, in conjunction with final subdivision approval of any residential lot subdivision for any area of development; (G) the applicant shall provide 30 f acres of land for public park and recreational purposes outside of the geographical area covered by this ordinance, provided that the site(s) shall be situated south of the Waimea Airport and the Waimea Business Park unless alternative locations are mutually agreed to by the applicant and the Planning Director, in consultation with the Department of Parks and Recreation. The applicant shall identify the proposed site (s) prior to the receipt of tentative subdivision approval of the first residential increment of the subject property. The Planning Director, in consultation with the Department of Parks and Recreation, ;7_ shall review and approve the location of the site(s) prior to final plan approval or final subdivision approval of the three hundredth (30016) residential unit/lot within the RS and/or RM zoned areas of the subject property. Furthermore, said site(s) shall be dedicated to the County upon its request. The value of dedicated land and any improvements provided on the said site(s) shall be credited against the applicant's fair share contribution of the parks and recreation assessment required in Condition H herein; (H) the applicant shall make its fair share contribution to mitigate the potential impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. 'The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential units proposed to be developed by the amounts allocated hereinbelow for each unit, and shall become due and payable prior to final subdivision approval or final plan approval, as applicable, for any portion of the subject property or its increments. If the subject property is developed in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval or final plan approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential units in each such increment. The fair share contribution may be in a form of cash, land. facilities, or any combination thereof acceptable to the Planning Director in consultation with the affected agencies. The fair share contribution -38- shall have a maximum combined value of $4,645.29 per multiple-family residential unit and $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to 729 residential units, the indicated total fair share contribution for 256 multiple family residential units is $1,189,194.20 and for 473 single family residential units is $3,424,122.60 whichever is applicable. I lowever, the total amount shall be increased or reduced in proportion with the actual number of lots/units according to the calculation and payment provisions set forth in this Condition H. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple-family residential unit for an indicated total of $586,595.84 and $3,490.85 per single-family residential unit for an indicated total of $1,651,172.00 to the County to support park and recreational improvements and facilities; 2. $72.42 per multiple-family residential unit for an indicated total of $18,539.52 and $168.40 per single-family residential unit for an indicated total of $79,653.20 to the County to support police facilities; 3. $222.77 per multiple-family residential unit for an indicated total of $57,029.12 and $332.61 per single-family residential unit for an indicated total of $157,324.53 to the County to support fire facilities; -39- 4. $99.29 per multiple-family residential unit for an indicated total of $25,418.24 and $145.62 per single-family residential unit for an indicated total of $68,878.26 to the County to support solid waste facilities; 5. $1,959.42 per multiple-family residential unit for an indicated total of $501,611.52 and $3,101.68 per single-family residential unit for an indicated total of $1,467,094.60 to the Sate 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 (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, 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 Planning Director. The cost of constructing the improvements and the fair market value of land contributed required in Condition G and M(l)shall be credited against the sum specified in Condition H(1) for parks and recreation and in Condition H(5) for road and traffic improvements. For purposes of administering Condition H, the fair market value of land contributed or the cost of any improvements required or made in lieu of' -40- the fair share contribution shall be subject to the review and approval of the Planning Director, upon consultation with the appropriate agencies; (I) in lieu of actual construction of infrastructural improvements as required herein, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval and/or final plan approval, as applicable for the subject property or portions thereof, may be granted prior to the actual construction of required infrastructural improvements unless otherwise restricted herein; (J) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; (K) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this change of zone. The report shall address, in detail. the status of the development of each area (including number of lots -41- created, number of units constructed, developed and undeveloped commercial and industrial areas) and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required, (L) an extension of time for the performance of conditions within each development area set forth in this 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 applicant, successors or assigns, and that are not the result of their fault or negligence, (2) granting of the time extension would not be contrary to the general plan or zoning code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; -42- (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and (5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions of the respective development areas not be met or substantially complied within a timely fashion, the Planning Director shall initiate rezoning of the applicable area to its original or more appropriate designation; and (M) the following specific conditions shall be applied to the individual district classification changes: (1) WAIMEA TOWN CENTER AREA - (a) upon compliance with Condition A, the Waimea Town Center area shall be developed in two increments. The first development increment shall consist of a maximum of 579 residential units/lots and the commercial zoned areas. The second development increment shall consist of the remaining number of residential units/lots within the Single Family (RS) and Multiple Family (RM) zoned districts. Development of the second -43- increment shall occur only after there is fiscal assurance that the proposed connector road, consisting of a two-lane collector standard within an 80- toot wide right-of-way (to allow development of separate bike and pedestrian facilities) extending from the western intersection with Mamalahoa Highway in the vicinity of the Vacuum Cooling Plant to its northern intersection with either Kamamalu Street or Mamalahoa Highway in the vicinity of the Waimea Civic Center, (hereinafter referred to as the "connector road") is completed in its entirety; provided further that occupancy of any units within the second development increment does not precede the completion of the proposed connector road described above; (b) the entire connector road and its intersection(s) shall be identified by the applicant with the approval of the Department of Public Works prior to final subdivision approval of any residential development within the RS and/or RM zoned areas within the subject property or prior to issuance of a certificate of occupancy for any portion of the commercial areas of the subject property, whichever comes first. In the event that federal, state or other governmental funding or financing acceptable to the applicant becomes available for the construction of the entire connector road including improvements to its intersection(s), the applicant shall utilize the funding or financing to construct the connector road in a single phase, which shall be completed within three years of receipt of said funding or -44- financing. In the event that the above federal, state or other governmental funding is not available or acceptable to the applicant, the connector road shall be constructed by the applicant in three phases. Phase I of the connector road shall be located between the extensions of Pu'ukalani Road and Kaomoloa Street, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase 1 of the connector road shall be completed no later than the issuance of building permits for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the three hundredth (300"') residential unit/lot within the RS and/or RM zoned areas. Phase 2 of the connector road shall be located between the Pu'ukalani Road extension and the northern intersection of the connector road with either Kamamalu Street or the Mamalahoa Highway in the vicinity of the Waimea Civic Center, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase 2 of the connector road shall be completed no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the four hundred fiftieth (450"') residential unit/lot within the RS and/or RM zoned areas. Phase 3 of the connector road shall be located between the extension of Kaomoloa Street and the western intersection of the connector road with Mamalahoa Highway in the -45- vicinity of the Vacumn Cooling Plant, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase 3 of the connector road shall be completed no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the five hundred seventy-ninth (579"') residential lot/unit in the first development increment of the Waimea Town Center. In the event that the connector road shall intersect at its northern end with Kamamalu Road, the applicant shall improve within the existing right-of- way, the portion of Kamamalu Road between its intersection with the connector road and Mamalahoa Highway, meeting with the requirements and approval of the Department of Public Works. The costs of such improvements shall be credited against the applicant's fair share contribution of the road assessment required in Condition 11, herein. The entire connector road shall be constructed to the standards of the Department of Public Works; provided, however, that should it be determined by the Planning Director in consultation with the Department of Public Works that curbs, gutters and sidewalk improvements are needed, then, said improvements shall be installed along that portion of the road within the park, commercial and residential zoned lands at the time of development of any portion of those zoned lands. All lots shall gain access from interior roadways unless otherwise permitted by the -46- Department of Public Works. In lieu of actual construction of the connector road, the applicant may enter into an agreement with the Planning Director and the Chief Engineer to assure the County that the applicable portion(s) of the connector road will be constructed by way of a surety bond, certified check or other security deemed acceptable to the Corporation Counsel and the Planning Director. Upon final execution of such agreement and filing of the security with the County, subdivision plans and/or final plan approval plans for the next development phases may be submitted and approved prior to the actual construction of the applicable portion(s) of the connector road in the prior phase: (c) intersection improvements, which may include channelization and traffic signals, shall be provided at the proposed connector road at its western intersection with Mamalahoa Highway in the vicinity of the Vacuum Cooling Plant and its northern intersection with either Kamamalu Street or the Mamalahoa Highway in the vicinity of the Waimea Civic Center, as required by the Department of Public Works. These improvements shall be constructed and installed in conjunction with the construction of the immediate surrounding portion(s) of the connector road. Should the County require improvements at the intersection of Kaomoioa Street and Mamalahoa Highway, the costs of these additional off site road and/or intersection improvements shall be credited against the applicant's fair -47- share contribution of the road assessment required in Condition 11 herein; (d) Roadway and intersection improvements within Lindsey Road's existing right-of-way and its extension from its intersection with the Mamalahoa Highway to its intersection with the connector road shall be constructed meeting with the requirements and approval of the Department of Public Works. These roadway and intersection improvements, to be dedicated to the County, shall be constructed and installed concurrently with any commercial development of the immediately surrounding commercial zoned area of the subject property and shall be completed prior to issuance of a certificate of occupancy for that portion of the commercial development. (e) Lindsey Road extension from the connector road to the southeast boundary of the subject property's State Land Ilse Urban District, consisting of an 80-foot wide right-of-way with improvements meeting with the approval of the Department of Public Works, shall be constructed in conjunction with the completion of that portion of the State's Waimea Bypass Road located east of the subject property as required by the Department of Public Works and State Department of Transportation, and shall be dedicated to the County upon its completion. Upon the request of the Department of Public Works or the State Department of -48- Transportation, the applicant shall submit for dedication to the County or State, as applicable, the 80-foot wide right-of' way for that portion of the Lindsey Road extension between the southeast boundary of the subject property's State Land Use Urban District and its intersection with the State's Waimea Bypass Road, with the value of dedicated land and improvements credited against the applicant's fair share contribution of the road assessment required in Condition H herein; (f) prior to development of any portion of the Waimea Town Center Area, a comprehensive drainage study shall be conducted to determine the type of drainage improvements that would be required given the area's flooding history, geological composition and the amount of water to be generated by the proposed commercial and residential development. The study shall be reviewed and approved by the Department of Public Works and approved recommendations implemented as the development proceeds. Accordingly, a drainage system shall be installed meeting with the requirements of the Department of Public Works; (g) curb, gutter and sidewalk improvements shall be required within the commercial areas as development proceeds. The Planning Director, in consultation with the Department of Public Works, shall determine whether curb, gutter, and sidewalk improvements are needed within any or -49- all portions of the residential areas at the time of plan approval or preliminary subdivision review of that portion of the subject property being developed. Should it be determined that said improvements are required, then, they shall be provided in conjunction with the development of the affected area(s); (h) within the commercial zoned area, a minimum of ten acres of land shall be set aside for open space or park purposes for the general public. Said open space/park areas shall be in the general location of the heritage park as delineated in Exhibit "D" and shall be improved with a multi-purpose athletic field, meeting with the approval of the Planning Director in consultation with the Department of Parks and Recreation. The park and open space shall be available for use by the public in conjunction with the receipt of final subdivision or final plan approval for any development within the subject property. A document shall be duly recorded with the Bureau of Conveyances reserving said land in perpetuity as an open space/park casement, or similar legal encumbrance, in favor of the public prior to the opening of the open space/park area; (i) a sewage treatment plant shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health; -50- (j) the applicant shall provide a minimum of 30 acres of land for public open space, park and recreational use within the Waimea Town Center, subject to conditions and limitations determined by the applicant meeting with the approval of the Planning Director in consultation with the Department of Parks and Recreation. The park or open space site set aside in Condition TOWN CENTER (h) for public use shall be included in the 30-acre calculation. A conceptual park, recreational and open space plan, including the location of the park, recreational and open space site(s), accompanying land area, configuration, phasing of park site development with residential uses, ownership, control and maintenance of the site(s), conditions and limitations regarding the terms of use and hours of operation of the site(s), and improvements, shall meet with the approval of the Planning Director in consultation with the Department of Parks and Recreation prior to receipt of final subdivision or final plan approval for any residential units within the RS and/or RM zoned areas of the subject property. The park, recreation and open space areas shall be developed and available for public use in accordance with the approved plan. The value of dedicated land and improvements contributed for park, open space and/or recreational use for the public within the Waimea Town Center development area shall be credited against the applicant's fair share contribution relative the parks and recreation, as noted in Condition H -51- (j} the applicant shall provide a minimum of 30 acres of land for public open space. park and recreational use within the Waimea Town Center, subject to conditions and limitations determined by the applicant meeting with the approval of the Planning Director in consultation with the Department of Parks and Recreation. The park or open space site set aside in Condition DOWN CENTER (h) for public use shall be included in the 30-acre calculation. A conceptual park, recreational and open space plan, including the location of the park, recreational and open space site(s), accompanying land area, configuration, phasing of park site development with residential uses, ownership, control and maintenance of the site(s), conditions and limitations regarding the terms of use and hours of operation of the site(s), and improvements, shall meet with the approval of the Planning Director in consultation with the Department of Parks and Recreation prior to receipt of final subdivision or final plan approval for any residential units within the RS and/or RM zoned areas of the subject property. 'fhe park, recreation and open space areas shall be developed and available for public use in accordance with the approved plan. The value of dedicated land and improvements contributed for park, open space and/or recreational use for the public within the Waimea Town Center development area shall be credited against the applicant's fair share contribution relative the parks and recreation, as noted in Condition H -51- herein. Prior to the opening of any of the park, recreational, or open space areas required herein for public use, the applicant shall record a covenant or similar legal encumbrance meeting with the approval of the Planning Director, in consultation with the Corporation Counsel and the Department of Parks and Recreation, which shall obligate the subdividers, purchasers, occupants, and/or association in the affected residential units or subdivision to maintain the park, recreational or open space areas in perpetuity; (k) as represented by the applicant, an equestrian trail shall be provided in conjunction with final subdivision approval or prior to issuance of a certificate of occupancy for any portion of the Waimea Town Center area residential or commercial development, respectively. An equestrian trail plan, which includes the trail alignment, physical improvements, connections, signage, ownership, control and maintenance, shall be approved by the Planning Director, in consultation with appropriate agencies, prior to submittal of any plans for subdivision or plan approval within the Waimea Town Center area; (2) INDUSTRIAL PARK AREA - -52- (a) Upon compliance with Conditions of OVERALL DEVELOPMENT B, subdivision plans for the industrial park or portions thereof, shall be submitted to the Planning Department within one year from the effective date of the rezoning as determined in Condition B and tentative subdivision approval shall be secured within one year thereafter. Final subdivision approval shall be secured within two years from the date of submitting final subdivision plans; (b) access onto Mamalahoa Highway shall meet with the approval of the Department of Public Works and the Department of Transportation- Highways Division. Intersection improvements (i.e., channelization) at Mamalahoa Highway and the industrial park access road, as required by the Department of Public Works, shall be completed in conjunction with final subdivision approval of any portion of the industrial development; (c) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (d) a master landscaping plan for the industrial park area shall be submitted for review and approval by the Planning Department prior to submitting plans for the subdivision. The master landscaping plan shalt provide methods of landscaping (1) those areas that would be visible from areas of -53- travel (Mamalahoa Highway) or would impact existing or future adjacent uses and (ii) interior lots within the development. Certain landscape buffers identified in Condition d(I) herein shall be established (planted) in conjunction with final subdivision approval of any portion of the industrial development. The guidelines set forth in the master landscaping plan for interior lots, shall be included in the covenants for each lot. During plan approval review of individual lot development, the guidelines shall be utilized to minimize adverse noise and visual impacts; and (e) the method of sewage disposal shall meet with the approval of the appropriate governmental agencies. SECTION 5. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 6. This ordinance shall take effect upon its approval." IN"fRODUC$ BY COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of introduction: February 6, 2002 Date of Ist Reading: February 6, 2002 Date of 2nd Reading: February 21, 2002 Effective Date: February 28, 2002 REfERENCZ comm. _477, 1 _ APPROV AS O M AND LEGALITY 99P"y CORPORA O CO SEL DATED: 2 -;Zdg;, -UZ -54- LO l yR p~ EI _ AREA z yy I I ` \ 917 a ll s3 .zs~' , /Sk w bunk J.~ I tfY ro 3sy = ~ vmys~ %MMEA op •w.w„un r.u• 1 ) Y r0 ` _ n -046 yYn ®~l ~'MES ' VIWMIE/I ' . BUSWESS ' ~ t"' 1_ I WnwEaaarMU U„(.~! PAW /l 1 - - RIMIER RNICII % RO*fMW9i TRFaT1.ENl _ FIGURE 2 REGIONAL. CONTEXT MAp PARKER RANCH 2020_ PAIUCPJt P.ATKB ?RU Scut Q, HAWM i nrw. salt (ICR) am mo ,am woo wm OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii (DRAFT 2) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: February 6, 2002 Arakaki X First Reading: February 6, 2002 Chung X Published: N/A Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong x B 0 1--~ 0 Second Reading: February 21, 2002 ROLL CALL. VOTE To Mayor: February 25, 2002 AYES NOES ABS TEX Returned: February 28 ._x002 Arakaki X Effective: February 28, 2002 Chung X Published: March 7, 2002 _ Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio x Safarik x - Tyler x Yagong X J 0 2 - I DO HEREBY CERTIFY that the,Jbregoing BILL was adopted by the County Council published ac indicated above. " _ APPROVED AS TO FORM AND LEGALITY: CC UPVC11. CHAIRMAN DEP ON COUNSEL l AM' COUNTY OF HAWAII COUN PY CLERK Date Bill Nu.: 152 (Draft 2) -1 II C-47".1/PC-56 Approlw i.sapproved thi.s;~~101 (Jul Reference: Ord Ne.: 02 25 ZYOR ZTYOF- 2po HAWAII