HomeMy WebLinkAboutBIL 347 Draft 01 1998-2000 'i~~~IJ1~1'I'Y" 1)I~ ~A'Q?VAII ~'IAI'E OF HCAW.41I
~t~i•L N( 347
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-9 22
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAV1'AII
SECTION 1 Section 25-8-7, Article 8, Chapter 25 (Zoning Code) ofthe Haw•a~i County
Code, ~s amended to change the dcstnct classcficat~on of property described hereinafter «s
follows
The dcstnct classification of the following area situated at Oulc, South Kohala,
Hawau, shall be Residential and Agricultural (RA-2a)
Begmncng at the Northeasterly corner of this pazcel of land, being also the
Northwesterly comer of Lot 20 of Kanehoa Subdcvcscon (File Plan 1845) and being a
point on the Southerly scde of Lot 30 (Roadway) of Kanehoa Subdrvcscon (pole Plan
1845), the coordinates of sacd point of begcnnmg referred to Govemmen[ Surve}
Tnangulatcon Station "PUU PA" being 11,329 15 feet North and 12,884 46 feet West and
running by azimuths measured clockwcse from True South
1 9° 52' 815 56 feet along Lot 20 of Kanehoa
Subdrvcscon (File Plan 1845) and
along the remainder of Roy,cl
Patent 2237, Land Commcsticon
Awazd 8518-B, Apana 1 to James
Young Kanehoa to a point,
Thence, for the next two (2) courses following along the cncddle of Keanucomano
Stream, cn all of its meandenngs, the dcrect azimuths and distances being
2 91° 48' 03" 178 18 feet along Government Land (State
of Hawan) to a point,
3 61° 19' 1 ~ 1 65 feet along Government Land (State
of Hawau) to a point,
4 189" 52' 971 69 feet along Lots 26 and 25 or
Kanehoa Subdrv~s~on (File Plan
1840 and along the remainder of
Royal Patent 2237, Land
Commission Award 8518-B,
Apana l to James Young Kanehoa to
a point,
Thence, for the next three (3) courses following along the Southerly side of Lot 30
(Roadway) of Kanehoa Subdrvtston (F~le Plan 1845)
5 297° 00' 99 11 feet to a point,
Thence, following on a curve to the left w•rth a radius of 350 00 feet, the chord
azimuth and distance being
6 285° 30' S0" 139 39 feet to a point,
7 274° Ol' 40" 61 91 feet to the point of beginning and
containing an area of 5 821 Acres
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof
SECTION 2 Thts change m dtstnct classification is conditioned upon the following
A The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval
B The applicant, successors or assigns shall be responsible for complying with all
regwrements of Chapter 205. Hawau Revised Statutes, relating to perm~~s~ble
uses within the Stale Land Use Rural D~stnc[
C The required water commitment payment shall be submitted to the Department of
Water Supply m accordance with its "'w'ater Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance
D Final Subdrv~sion Approval for the subdrviston shall be secured wrthm
five (5) years from [he effective date of flits ordinance
E Access to the subject property from Kanehoa Street shall meet w•ttli the
regwrements of the Department of Public Works
F At the time improvements at the Route 19Kanehoa Street mtersect~on aye made
by the Department of Transportation, the applicant shall pay their fair shire
amount for the required improvements which will be deternuned by the 1']annmg
Director m consultation with the Department of Transportation
G Should any remains ofhistonc saes, such as rock walls, terraces, platforms,
inarme shell concentrations or human bunals be encountered, work m thy:
immediate area shall cease and the Department of Land and 1\atural Resi~urces-
Histonc Preservation Division (DLVR-HPD) shall be immediately notified
Subsequent work shall proceed upon an archaeological clearance from the DL~IR-
HPD ~+•hen rt finds that sufficient mrt~gaUve measures have been taken
H The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed subdrvisinn w•ithm
the subject property, including the Department of Health
I Should the Council adopt a Unified Impact Fees Ordinance setting forth cntena
for unposrtion of exactions or the assessment of impact fees, conduions included
herein shall be credited towards the regwrements of the l;mfied Impact t ees
Ordinance
J An imhal 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 applicant, its 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 no[ be contrary to the onguial
reasons for the granting of the change of zone
4 The time extension granted shall be for a penod not to exceed the penod
onginally granted for performance (i e , a condition to be perforn~ed
within one year may be extended for up to one additional yeaz)
5 if the applicant should require an additional extension of time, thy:
Planning Director shall submit the applicant's request to the County
Council for appropnate action
K Should any of the conditions not be met or substantially complied with ui a timely
fashion, the Director may initiate rezoning of the subject area to its onginal or
more appropnate designation
SECTION 3 In the event that any pomon of this ordinance is declared invalid, such
invahdrty shall not affect the other parts of this ordinance
SECTION 4 This ordnance shall take effect upon its approval
NTRODUCED BY
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawau
Date of Introduction
Date of 1st Reading
Date of 2nd Reading
Effective Date
REFERENCE: Comm. 970
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED
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KEPNUIO I - - -STREAM
I AGRICULTURAL (A-5a)
TO RESIDENTIAL AND
'I AGRICULTURAL (RA-2a) ' °
AREA = 5.821 ACRES
VJAIKO~OA
STREAM
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a)
AT OULI, SOUTH KOHALA, HAWAII.
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
EXHIBIT „A„ (ANDREW KELSEY'
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 343
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO 94-73 (AMENDED BY ORDINANCE
NO 96-8), WHICH RECLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-Sa)
AND UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4T",
HOKUKANO 1ST AND 2ND, KANAUEUE l'T AND 2"D, HALEKII, KEEKEE 1ST ANI) 2~°,
ILIKAHI, KANAKAU l AND 2~D, KALUKALU ] ST, 2~D AND 3RD AND ONOULI ] sr
NORTH AN'D SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06 PORTION
OF 1, 7-9-12 PORTIONS OF 3, 4, AND 5 AND 8-1-04 PORTION OF 3
BE IT ORDAINED BY THE COU'.~1CIL OF THE COUNTY OF HA~4%AII
SECTION l Ordinance No 94-73 (amended by Ordinance No 96-8) is amended as
follows
"SECTION l Section [25-87, Article 3J 25-8-3. Article 8, Chapter 25 (Zoning Code) of
the Hawau County Code, is amended to change the district classification of property de~.cnbed
heremafrer as follows
The district classification of the following area situated at Kanaueue 1st .md 2nd,
North Kona, Hawau, shall be Agricultural (A-la)
PARCEL. 1
Beginning at the Southeasterly comer of this parcel of land, being also a point on the
Northerly boundary of Royal Patent 1670 to Jolui D Parish on a portion of Land
Commission Award 387, Part 4, Secuon 2 to American Board of Commissioner:. for
Foretgn Missions, being also a point on the division beriveen North and South Kona, the
coordinates of said point of beginning referred to Govetninent Survey Tnangulauon
Station "PUU OHAU" being 1,704 58 feet North and 6,126 02 feet East and running by
azimuths measured clockwise from True South
1 71 ° 45' 902 30 feet along Royal Patent 1670 to John
D Parish on a portion of Land
Commission Award 387, Par[ 4,
-1-
i
Section 2 to Amertcatt Boaid of
Comm~sstoners for Foreign Missions
to a point,
2 152° 14' 1,055 02 feet along the remainder of
Grant 865 to John Nakookoo to a
point,
Thence, for the next seven (7) courses following along middle of stonewall and along
Grant 992 to W Wh~tmarsh
3 251 ° 23' 30" 224 69 feet to a point,
4 250° 35' S8 35 feet to a point,
5 255° l T 131 07 feet to a point,
6 240° 43' 26 91 feet to a point,
7 257° 50' 172 57 feet to a point,
8 243° 13' 30" 21 91 feet to a point,
9 256° 5T 98 95 feet to a point,
Thence, for the Wert twelve (12) courses following along middle of stonewall and along
the remainder of Grant 865 to John
Nakookoo
10 338° l T 30" 158 36 feet to a point,
l 1 257° 24' 102 95 feet to a point,
12 255° 40' 30" 171 35 fee[ to a point,
13 261 ° 29' 1 O l 46 feet to a point,
14 346° 30' 30" 5.140 feet to a point,
15 343° 21' 30" 152 40 feet to a point,
16 346° 20' 165 46 feet to a point,
l7 343° 29' 30" 80 88 feet to a point,
l8 357° 13' S7 ~ I feet to a point,
19 345° 53' 30" 154 41 feet to a point,
20 333° 53' 1 l4 71 feet [o a point,
-2-
21 345° 43' 43 78 feet to the point of begmntng and
containing an area of 22 25 I Acres,
more or less (Refer to Pazc el 1 as
shown on Exh~brt "A")
The dtstnct classtficaUOn of the follow•mg area situated at Honuamo 3rd and 4th,
Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii, shall be
Agncultural (A-la)
PARCEL 2
Beginning at the Northwesterly comer of this parcel of land, being also a pool[ en the
Southerly boundary of Royal Patent 1098, Land Commtss~on Award 614 to Charles Hall,
the coordinates of said point of beginning referred to Govenunent Survey Tnangulatton
Sta[~on "PiJiJ OHAU" being 5,408 20 feet North and 934 23 feet East and running by
azimuths measured clockwise from True South
Thence, for the neat scxty-seven (671 courses follow•mg along middle of stonewall and
along Royal Patent 1098, L,md
Comm~sscon Award 614 to Charles
Hall
1 172° 44' 3~ 46 feet to a point,
2 250° OG 26 Ol feet to a point,
3 245° 26' 19 20 feet to a point,
4 251 ° 15' 39 58 feet to a point,
5 259° 25' 18 68 feet to a point,
6 246° 50' 16 3~ feet to a point,
7 254° 2T 40 28 feet to a point,
8 323° 16' 7 32 feet to a point,
9 249° 32' 44 32 feet to a point,
l0 265° Ol' 30" 16 93 feet to a point,
11 271 ° 10' 30" ~0 61 feet to a point,
12 261 ° 46' 30" 67 77 feet to a point,
l3 256° 32' 30" 36 61 feet to a point,
-3-
14 262° 38' 30 23 feet to a point,
15 258° 1 T 37 28 feet to a point,
16 254° 45' 21 32 feet to a point,
l7 257° 3S 30" 36 22 feet to a point,
l8 265° 03' 21 89 feet to a point,
19 263° 53' 30" 45 49 feet to a point,
20 266° 14' 44 43 feet to a point,
21 249° 0T 32 29 feet to a point,
22 256° 49' 30" 4l 74 feet to a point,
23 2~0° 03' 30" 91 17 feet to a point,
24 257° 28' 88 18 feet to a point,
25 253° 3T 30" 14 36 feet to a point,
26 271 ° 49' 7 86 feet to a point,
27 243° 18' 30" 43 30 feet to a point,
28 252° 36' 45 7~ feet to a point,
29 262° 29' 3~ 6~ feet to a point,
30 265° 31' 13 70 feet to a point,
31 260° 35' 30" 76 29 feet to a point.
32 268° OS' 30" 59 ~3 feet to a point,
33 253° 44' 30" 12 40 feet to a point,
34 259° 40' 2~ 69 feet to a point,
35 264° 02' ~ 17l feet to a point,
36 2~9° 49' 30" 8~ 74 feet to a point,
37 266° 56' 48 70 feet to a point,
38 265° 44' 6l 02 feet to a point,
39 272° OS 60 9~ feet to a point,
-4-
40 269° 19' 30" 91 04 feet to a point,
41 275° 29' 26 42 feet to a point,
42 280° 52' 30" 26 76 feet to a point,
43 272° 21' 30" 28 4~ feet to a point,
44 277° 12' 46 47 feet to a point,
45 273° 22' 30" 84 54 feet to a point,
46 273° 04' 30" 57 99 feet to a point,
47 270° 29' 30 67 feet to a point,
48 275° 4G 30" 91 Ol feet to a point,
49 267° 54' 30" 87 48 feet to a point,
50 261 ° OS' 30" 28 16 feet to a point,
51 266° i 3' 128 24 feet to a point,
52 270° 26' 114 47 feet to a point,
~3 260° 09' 81 24 feet to a point,
54 262° 2T 166 66 feet to a point,
55 261 ° 4T 108 98 feet to a point,
56 243° 34' 33 10 feet to a point,
57 259° 14' 30" 37 03 feet to a point,
58 265° 34' 30" 77 10 feet to a point,
~9 262° 59' 118 99 feet to a point,
60 2~6° 19' 39 78 feet to a point,
61 262° 44' 82 08 feet to a point,
62 267° 50' 34 11 feet to a point,
63 265° 25' 63 09 feet to a point,
64 273° 36' 30" 112 92 feet to a point,
65 268° 50' 1 ~ l 03 feet to a point,
66 274° 59' 30" 35 27 feet to a point,
67 268° 30' 30" 48 40 feet to a point,
Thence, for the next three (3) courses following along the Westerly side of old rs~lroad
and along the remainder of Grant
2029 to S W Makahikt
68 15° 00' 431 60 feet to a point,
69 0° 23' 223 30 feet to a point,
70 333° 44' 14~ 20 feet to a point,
Thence, for the next seven (7) courses following along the Westerly side of old i atlroad
and along the remainder of Grant
1453 to John Cavanah
71 319° 08' 63 63 feet to a point,
72 327° 12' 30" 92 54 feet to a point,
73 333° 41' S5 1 1 feet to a point,
74 341 ° 52' 42 41 feet to a pant,
75 350° 21' 6~ 77 feet to a point,
76 3~7° 1 1' 30" 87 84 feet to a point,
77 7° 46' 82 65 feet to a point,
78 17° ~9' 209 88 feet along the Westerl}• side of old
railroad and along the remainders of
Grant 1453 to John Cavanah and
Grant 1463 to Keawe to a point,
Thence, for the next ten 0) courses following along the Westerly side of old railroad
and along the remainder of Grant
1463 to Keawe
79 1 46' 30" 221 91 feet to a point,
80 350° 40' 30" 86 03 feet to a point,
81 346° 02' 30" 127 39 feet to a point,
82 347° 43' 68 36 feet to a point,
83 356° 37' 108 84 feet to a point,
-6-
84 358° 09' 110 66 feet to a point,
85 6° 2T 30" 75 31 feet to a point,
86 357° 30' 30" 143 26 feet to a point,
87 8° 4>' 30" 30 57 feet to a point,
88 359° ~2' 103 27 feet to a point,
89 265° 4T 29 79 feet along the remainder of ~irant
1463 to Keawe to a point,
Thence, for the next eight (8) courses following along the Easterly side of old rai (road
and along the remainder of ~3rant
1463 to Keawe
90 357° 33' 107 96 feet to a point,
91 352° 21' 72 88 feet to a point,
92 356° 43' 30" 32 40 feet to a point,
93 353° 2T 38 77 feet to a point,
94 350° 36' 29 09 feet to a point,
95 339° 51' 130 13 feet to a point,
96 329° 39' 30" 33 22 feet to a point,
97 326° 06' ~ I O1 feet to a point,
98 324° 59' 10 48 feet along the ~'~'esterly face of
stonewall and along the remainder of
Royal Patent 5336, Land
Comm~ss~on Award 9413 to Kahana
to a point,
99 320° 39' I 1 ~ 81 feet along the remainder of Royal
Patent 5336, Land Comm~sti~on
Award 9413 to Kahana to a point,
100 67° 26' 30" 92 41 feet along wire fence and along
Grant 992 to W Wh~tmarsh to a
point,
Ol 70° 35' 63 69 feet along middle of stonewall and
along Grant 992 to W Whnmarsh to
a point,
102 67° 10' 30" 124 47 feet along mtddle of stone~ti all and
along Grant 992 to W Whumarsh to
a point,
103 72° 45' 45" 371 54 feet along Grant 992 to W Whumarsh to
a point,
104 79° 49' 199 17 feet along Grant 992 to W Whumarsh to
a point,
Thence, for the next twenty-three (23) courses following along mtddle of stone~~ all and
along Grant 992 to W Whumarsh
105 82° OS' 30" 51 64 feet to a point,
106 83° 18' l81 52 feet to a point,
107 84° 58' 30" 118 82 feet to a point,
108 85° 30' 30" 145 13 feet to a point,
109 91 ° 09' 79 55 feet to a point,
110 82° 04' 95 77 feet to a poutt,
1 1 1 82° 31' 4S' 212 72 feet to a point,
] l2 359° 15' ~ 12 31 feet to a point,
113 268° 21' 280 72 feet to a point,
114 259° 4T 379 67 feet to a point,
115 260° 53' 149 26 feet to a point,
1 16 259° 0T 153 59 feet to a point,
117 266° 02' 30" 90 63 feet to a point,
118 250° 32' 115 64 feet to a point,
19 240° 54' S-t 22 feet to a point,
120 246° 41' l40 89 feet to a point,
121 256° 30' 30" 95 53 feet to a point,
122 240° 04' 30" 52 97 feet to a point,
123 245° 12' 30" 66 16 feet to a point,
-8-
124 257° 45' 30" 34 33 feet to a point,
125 239° 59' 72 54 feet to a point,
126 250° 39' 30" 70 76 feet to a point,
127 246° 08' 111 93 feet to a point,
128 332° 14' 1,055 02 feet along the remainder of Grant
865 to John Iv'akookoo to a point,
Thence, for the next four (4) courses following along Royal Patent 1670 to John D Pansh
on a portion of Land Commission
Award 387, Part 4, Section Z to
Amencan Board of Commissioners
for Foreign 'vlissions
129 64° 12' 628 00 feet to a point,
130 79° 26' 602 00 feet to a point,
131 77° 00' 987 00 feet to a point,
132 72° 13' 704 78 feet to a point,
133 154° 42' 918 93 feet along the remainder of Grant
1587 to John Peters to a point,
Thence, following along the remainder of Grant 1587 to John Peters on a curve to the
nght with a radius of 1,030 00, the
chord azimuth and distance being
134 174° 32' 30" 699 21 feet to a point,
135 194° 23' 350 20 feet alone the remainder of Grant
1587 to John Peters to a point,
Thence, following along the remainders of Grant 1587 [o John Peters and Grant 1463 to
Keawe on a curve to the left with a
radius of 1,270 00 feet, the ~ hord
azimuth and distance being
136 165° 33' 1,224 95 feet to a point,
137 136° 43' 63 92 feet along the remainder of Grant
1463 to Keawe to a point,
Thence, following along [he remainder of Grant ]463 to Keawe on a curve to thi• nght
with a radius of 1,030 00 feet, the
chord azunuth and distance being
-9-
138 ] 49° 59' 30" 473 03 feet to a point,
139 163° 1 G 839 35 feet along the remainders of Grant
1463 to Keaw•e, Grant 1453 to John
Cavanah and Grant 2029 to
S 'vlakahiki to a point,
Thence, following along the remainder of Grant 2029 to S W Makahiki on a curve to the
left with a radms of 470 00 feet, the
chord azimuth and distance being
140 136° 23' 15" 424 98 feet to a point,
141 165° lS 189 91 fee[ along Grant 1651 to Charles
Hall to the point of beginnuig and
containing an area of 295 5";9 Acres
(Refer to Pazcel 2 as shown on
Exhibit "A" )
SECTION 2 Section [2~-88, .Article 3] 25-8-4. Article 8, Chapter 25 (Zoning Code) of
the Hawau County Code, is amended [o change the distract classification of propemes descnbed
hereinafter as follows
The distract classification of the following area situated at Haleku and Ke ekee 1st,
South Kona, Haw•an, shall be Agncultural (A-1 a)
PARCEL3
Beginning at the Northeasterly comer of this parcel of land, being also the Northwesterly
corner of Lot 39 of Kona Scenic Subdrvision, Unit II (File Plan 1591) and being a point
on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point
of begummg referred to Goveinment Survey Tnangulation Station "PUU OHA["" being
2,272 75 feet Nortli and 8,616 61 feet East and running by azimuths measured clockwise
from True South
1 3~0° 44' S5" 482 03 feet along Lots 39, 38, 37, 36, 3~ and
34 of Kona Scenic Subdivision, Unit
II (File Plan 159]) and along the
remainder of Royal Pa[ent 1670 to
John D Pansh on a portion of Land
Commission Award 387, Part 4,
Section 2 to Amencan Board of
Commissioners for Foreign Missions
and along the Westerly end of
Haleki'i Street to a point,
2 78° 30' 470 15 feet along Lot 3 (Government Land -
County of Haw•au) to a poir•t,
-10-
3 348° 30' 438 70 feet along Lot 3 (Govemment Land -
County of Hawau) to a pourt,
4 266° 28' 187 31 feet along Lot 3 (Government Land -
County of Hawau) to a point,
Thence, for the nett eleven (11) cowses following along middle of stonewall
5 4° 59' 1~7 50 feet along Lots 22 and 21 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point,
6 17° 24' 30" I OZ 93 feet along Lots 21 and 20 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point,
7 7° 4~' 30" 174 98 feet along Lo[s 20 and 19 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point,
8 91 ° 1 T 30" 56 46 feet along Lot 18 of Keekee Estates
(File Plan 2087) and along the
remainder of Grant 977 to Panaunau
to a point,
9 355° 54' 30" 333 18 feet along Lots 18 and 17 0l Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point,
Thence, for the Wert four (4) courses followme along Grant 866 to Kapule
10 86° 02' 30" 309 93 feet along Lot 2 to a point,
11 80° 19' 207 35 feet along Lot 1 to a point,
12 75° 14' 183 86 fee[ along Lot 1 to a point,
13 79° 02' 674 13 feet along Lot 1 to a point,
14 177° 38' 634 1 G feet along the remainder of Grant
977 to Panaunau to a point
15 75° 14' 1,338 06 feet along Grant 977 to Panaunau to
a point,
16 150° ~5' 956 00 feet along the remainder of Royal
Patent 1670 to John D Pansh on a
-11-
portion of Land Commission Award
387, Part 4, Section 2 to American
Board of Comm~ss~oners for Foreign
M~ss~ons to a point,
17 251 ° 45' 902 30 feet along Grant 865 to John
Nakookoo [o a point,
Thence, for the next thirty-sia (36) courses following along middle of stonewall and
along Grant 865 to John Nakookoo
18 250° 02' 30" 41 72 feet to a point,
l9 238° 11' 30" 99 82 feet to a point,
20 246° 13' 93 37 feet to a point,
21 253° 29' 12l 82 feet to a point,
22 257° 51' 121 61 feet to a point,
23 249° 33' S9 76 feet to a point,
24 245° 51' l77 23 feet to a point,
25 248° 02' 30" 92 17 feet to a point,
26 240° 26' 30" 60 37 feet to a point,
27 254° 58' 1 l0 46 feet to a point,
28 258° 29' 24 30 feet to a point,
29 274° 56' 30" 3 191 feet to a point,
30 260° 18' 30" 148 31 feet to a point,
31 253° 43' 47 09 feet to a point,
32 243° 21' 30" 89 60 feet [o a point,
33 263° 53' 30" 70 49 feet to a point,
34 254° 39' 30" 21 88 feet to a point,
35 269° 41' 41 10 feet to a point,
36 288° 24' 45 97 feet to a point,
37 255° 29' 30" 27 38 feet to a point,
_12_
38 241 ° 21' 30 35 feet to a point,
39 227° 12' 30" 53 91 feet to a point,
40 216° 24' 30" 5~ 73 feet to a point,
41 238° 55' 30" 27 24 feet to a point,
42 255° 23' 30" 29 74 feet to a point,
43 271 ° 22' 69 73 feet to a porn[,
44 265° 04' 29 ~2 feet to a point,
45 275° 29' 30" 98 69 feet to a point,
46 271 ° 04' 85 71 feet to a point,
47 277° 42' 30" 71 32 feet to a point,
48 269° 46' 21 84 feet to a point,
49 270° 48' 1 ] 0 24 feet to a point,
50 268° 22' 91 02 feet to a point,
51 2~8° 19' 92 ~3 feet to a point,
52 270° 26' S7 58 feet to a point,
53 265° 38' 177 70 feet to the point of begtnnmg and
containing an area of 94 38' Acres,
more or less (Refer to Pacc l 3 as
shown on Exh~brt "A" )
The d~stnct classtficatton ofthe following area situated at Haleku, Keekee 1st and
2nd, Ihkahi, Kanakau 1st and 2nd, Kalukah~ Ist, 2nd, and 3rd and Onouh 1st, South
Kona, Hawau, shall be Agricultural (.A-la)
PARCEL 4
Beginning at the Southeasterly comer of this parcel of land, being also a point on the
Northerly boundary of Grant 1162 to F O Schulze, the coordinates of said potm of
beginning referred to Government Surrey Tnangulatton Station "PUL' OH.AU" being
4,046 78 feet South and 6,02 93 feet East and running by azimuths measured clockwise
from True South
1 65° 4S 54" 1,071 96 feet along middle of stonewall and
along Grant 1162 to F O Schulze to
-13-
a point,
2 78° 08' 30" 1,407 43 feet along middle of stonewall and
along Grant 1162 to F O Schulze to
a point,
Thence, for the next three (3) courses following along the remainder of Royal Patents
4386 and 7146, Land Commission
Award 8452 to A Keohokalole
3 203° 12' 488 09 feet to a point,
Thence, follo++mg on a curve to the left wnh a radms of 870 00 feet, the chord a~tmuth
and distance being
4 172° 50' 30" 879 41 feet to a point,
5 142° 29' 272 49 feet [o a point,
Thence, following along the remainders of Royal Patents 4386 and 7146, Land
Commission Award 8452 to
A Keohokalole, Grant 1160 to
H N Greenwell, and Grant ] 576 to
Lohi on a curve to the nght with a
radius of 1,130 00 feet, the chord
azimuth and distance being
6 169° 4T 1,036 55 feet to a point,
7 197° OS' 307 17 feet along the remainders o1 Gran[
1576 to Loht and Grant 1464 to Ialua
to a point,
Thence, following alone the remainder of Grant 1464 to Ialua on a curve to the l,:ft with a
radms of 645 00 feet, the chord
azimuth and distance being
8 183° 0T 31 13~ feet to a point,
9 169° 09' ~4 98 feet along the remainder of Gran[
1464 to Ialua to a point,
Thence, following along the remainders of Grant 1464 to Ialua and Grant l 175 to
Nakauwaa on a curve to the nght
with a radms of 705 00 feet the
chord azimuth and distance being
l0 186° 06' 411 07 feet to a point,
I 1 203° 03' 162 63 feet along the remainder of Grant
1175 to Nakauwaa to a point,
-14-
Thence, following alone the remainder of Grant 1175 to Nakauwaa and Gran[ 1 177 to
Kamakahiona on a curve to the left
with a radtus of 645 00 feet the
chord azimuth and distance being
12 186° 42' 30" 362 96 feet to a point,
13 ] 70° 22' 60 0~ feet along [he remainder of Grant
1177 to Kamakahiona to a point,
Thence, following along the remainders of Grant 1 ] 77 to Kamakahiona and Grant 1 176
[o Kmt on a curve to the nght with a
radtus of 70~ 00 feet, the chord
azimuth and dtstance being
14 186° l2' 384 70 feet to a point,
Thence, for the nett live (5) courses follo~a•mg along the remainder of Grant 1 176 to
Kuu
1 ~ 202° 02' 3~ 26 feet to a point,
Thence, follo~atng on a curve to the left with a radtus of 30 00 feet, the chord azimuth and
distance being
16 157° 02' 42 43 feet to a point,
17 1 12° 02' 85 32 feet to a point,
Thence, following on a curve to the left with a iadnis of 645 00 feet, the chord azmmth
and dtstance being
18 97° 14' 329 53 feet to a point,
19 82° 26' 397 26 feet to a point,
Thence, follow uig along the remainders of Grant 1 ] 76 to Kim and Royal Patent 1670 to
John D Pansh on a portion of Land
Commission Award 387, Part 4,
Section 2 to Amencan Boazd of
Commissioners for Foreign Missions
on a curve to the nght with a radtus
of 705 00 feet, the chord azimuth and
distance being
20 1 l8° 34' 83l 43 fee[ to a point,
21 154° 42' 342 97 feet along the remainder of Etoyai
Patent 1670 to John D Pansh on a
portion of Land Commission Award
387, Part 4, Section 2 to Aniencan
-1~-
Board of Commissioners for Foreign
Mtsstons to a point,
22 252° 13' 704 78 feet along Grant 1587 to Joltn Peters
and Grant 865 to John Nakookoo to
a point,
Thence, for the nett three (3) courses following along Grant 865 to Jolm Nakookoo
23 257° 00' 987 00 feet to a point,
24 259° 26' 602 00 feet to a point,
25 244° 12' 628 00 feet to a point,
26 330° 55' 956 00 feet along the remainder of Royal
Paten[ 1670 to John D Paztsh on a
portton of Land Commission Awazd
387, Part 4, Section 2 to Antencan
Board of Commissioners for Foretgn
Mtsstons to a point,
27 255° 14' 1,338 OS feet along Royal Paten[ 1670 to John
D Pansh on a portton of Land
Commission Awazd 387, Part 4,
Sectton 2 to Amencan Boatd of
Commissioners for Foretgn Mtsstons
to a point,
28 357° 38' 634 16 feet along Grant 977 to Panaunau to
a point,
29 76° 40' 30" 1,596 74 feet along Grant 1 177 to
Kamakahtona to a point,
30 76° 40' 30" 44 81 feet along Grant 1177 to
Kamakahtona to a point,
Thence, for the next six (6) courses following along the Westerly side of old railroad
31 353° 25' S4 23 feet to a point,
32 346° 06' 95 32 feet to a point,
33 342° 16' 30" 289 54 feet to a point,
34 341 ° 04' 132 29 feet to a point,
35 345° 33' 48 71 feet along the remainders o1 Grant
1 177 to Kamakahiona and (;rant
1 175 to Nakauwaa to a point,
-16-
Thence, for the next six (6) courses following alone the remainder of Grant 117 to
Nakauwaa
36 350° SS 30" 47 80 feet to a point,
37 260° 45' 8 34 feet to a point,
Thence, for the next Your (4) courses following along the Westerly face of stonewall and
along the Easterly stde of old
railroad
38 353° 43' 30" 58 69 feet to a point,
39 1° 03' 30" 50',5 feet toapoint,
40 4° 06' 30" 32 09 feet to a point,
41 9° l8' 30" 46 75 feet to a point,
Thence, for the neat four (4) courses following along the Northerly face of stonewall
42 79° 50' 28 51 feet along Grant 787 to H PJ
Greenw•ell to a point,
43 63° Ol' 30" 20~ 62 feet along Grant 787 to H N
Greemvell to a point,
Thence, for the next twenty-stx (26) courses following along the remainder of Grant 787
to H N Greemvell
44 58° l 190 84 feet to a point,
4~ 95° l2' 30" 36 2(i feet to a point,
Thence, for the next ten 0) courses following along the Westerly face of stonewall
46 340° SS 30" ~ 147 feet to a point,
47 336° l2' 30" 9~ 40 feet to a point,
48 340° 54' 8~ 38 feet to a point,
49 338° 48' 30" 46 81 feet to a point,
50 342° 23' 65 75 feet [o a point,
51 334° 35' 30" 6~ 9~ feet to a point,
52 332° 23' 82 87 feet to a point,
~3 324° 00' 1 1 13 feet to a point,
-17-
54 332° 36' 30" 113 50 feet [o a point,
55 347° 43' 2-3 68 feet to a point,
Thence, for the next tour (4) courses follo~a•mg along the Westerly side ofold railroad
56 338° 19' 61 45 feet to a point,
57 327° 39' 30" 17 91 feet to a point,
58 347° 16' 9d 25 feet to a point,
59 344° SS 30" Ili 58 feet to a point,
60 267° OS' 30" 16 83 feet to a point,
Thence, for the nett six (6) courses following alone middle of stonewall
61 341 ° 48' 30" 5.3 2~ feet to a point,
62 346° 24' 30" 109 ~2 feet to a point,
63 330° 20' 62 30 feet to a point,
64 336° 48' 11 l 89 feet to a point,
65 325° 21' 106 90 feet to a point,
66 62° 18' 30" 29 22 feet to a point,
Thence, for the next three (3) courses following along ~~'esterly face of stonewall
67 337° 28' 30" 1 12 46 feet to a point,
68 337° 08' 183 98 feet to a point,
69 337° 36' 30" 153 ~2 feet to a point,
70 254° 02' 30" 25 4~ feet along the Southerly face of
stonewall and along Grant 787 to
H ~l Greenwell to a point,
Thence, for the next seven (7) courses following along the l'~'esterly side of old railroad
and along the remainder of Royal
Patents 4386 and 7146, Land
Commission Award 8452 to A
Keohokalole
71 338° 26' 168 87 feet to a point,
72 337° 34' 153 12 feet to a point,
-18-
73 335° 16' 30" 329 74 feet to a point,
74 336° 16' 30" 12Z 94 feet to a point,
75 334° 38' 30" 193 93 feet to a point,
76 335° ~9' 267 46 feet to a point,
77 329° 13' 30" 141 50 feet to the point of begtnnmg and
contatntng an area of 271 415 Acres
(Refer to Parcel 4 as shown on
Exhibit "A" )
All as shown on the map attached hereto, marked Exh~brt ".4" and by reference made a part
hereof (herein after referred to as "subject property")
SECTION 3 These changes m dismct classification are condrt~oned upon the follow•tng
(A) The applicant, successors or assigns shall be responsible for complying ~+•tth all of
the stated conditions of approval,
(B) The effective date of the rezoning shall be upon
(1) the execution of an agreement, between the applicant, Lyle Andes son, and
the County through its Department of Water Supply and Planning, to assign
water comnutment nghts m the Kealakekua Source Agreement to the
current landowners of the subject property within
one-hundred-eighty (180) days from the effective date of this ordinance,
provided that a maximum ninety (90) day extension may be granted by the
Planning Duecto~ wdh reasonable and suffic~ent3ushficatton, and
(2) the acceptance by the Department of ~~`ater Supply of the regmred water
commitment payment m accordance wrth its "Water Commrtmem Policy"
w•rthm one-hundred-eighty (180) days from the effective date of this
ordinance,
(C) Subdivision plans for any portion of the sub3ect property shall be submitted to the
Planning Department and Tentative Subdivision Approval secured wrthni
- 19-
four (4) years from [he effec[tve date of flits rezoning as determined m
Condmon B, Final Subdrvtston Approval shall be secured wtthm five (5 t years
from the effective date of this rezoning as determined m Condttton B Fnr the
purpose of flits ordinance, Final Subdrvtston Approval shall be defined a, the
subdtvtston of any agricultural zoned lot to a lot less than twenty (20) aci es m stze
wrthm the subject property,
(D) A ~a•astew•ater disposal system shall constntcted m a manner meeting w•tth the
approval of the State Department of Health and/or the Department of Puhhc
~~'orks, whichever is applicable,
(E) All electrical and communication utilities lines wrthm the subject property shall
be placed underground, wrth the exception of the mare 69 KV transmission line
from the Mamalahoa Highway to the proposed electrical substation site,
(F) A Flood Study of the subject property shall be submttted to the Planning
Department m conjunction ~+nh plans submttted for subdtvtston revtew for any
portion of the subject property Drainage improvements shall be constructed m a
manner meeting wrth [he approval of the Department of Public Works, pt for to the
issuance of Final subdtvtston Approval for the subject property,
(G) An archaeologtcal mitigation and utterpretatton plan shall be prepared and
submttted for approval by the Planning Director, m consultation wrth the
Department of Land and Natural Resources-Historic Preserv•atton Drv•tsum, prior
to submrttutg plans for subdtvtston revtew The Plan shall consist of three
subplans
(1) an archaeologtcal data recovery plan for the sites to undergo data recovery,
(2) a detailed unenm protecuorvpresen•atton plan for the saes [o undergo
preservation, and
(3) an interpretation plan which shall include buffer zones, stgnage and
long-range preservation concerns which maybe submttted at a later date
_~p_
Approved mmgaUOn measures shall be implemented pnor to or to
con)unction wtth any land alterations wrthm the subject property.
(H) A final comprehensive public access plan, to be developed m consultation wrth
conmmnrty groups, shall be submtt[ed to and approved by the Planning Director
pnor to final subdrv~ston approval, or any land alteration actrv~ty, whtcht ver
comes first The final comp~ehensiv•e public access plan shall be developed m
consultation wrth thz Planning D~rzctor and the Department of Land and Vatural
Resources and shall include mauka-makat and lateral shoreline accesses, parking
area(s), s~gnage, emergency response considerations, restrictions on use 1 if any),
proviswn of recreational and restroom fac~lmes at appropnate locations, and
related improvements
(1) An area comprtsmg twenty-five percent (25%) of the total park ai ea, as
shown on Exhtbtt "E" attached hereto and made a part hereof, shall be
developed and Improved by the applicant or Its agent m phases within five
(5) years from the date Final Subdrvtston Approval ~s obtained on the
sub~ec[ property The first phase shall be completed and open to :he
public wrthm thirty (30) days following the opening of the golf course,
(2) Upon opening the first phase of the park area, a mm~mum of hveuty-five
(25) public parking stalls m addrtton to parking stalls for resident,, guests,
and employees w~thm the subject property and the applicant's adjacent
lands at the principal shoielme access parking area(s), signage arnl
provisions for public access for night fishing and marine food gathering
purposes over designated vehicular and pedestrian access routes subject to
restrictions which limit said uses to recreation uses only, and othe r
restrictions which provide for the health and safety of the general public
and residents alike The number of parking stalls shall be increased
commensurately wrth the approval of additional park phases in accordance
with the pubbc access plan, and
(3) The pubbc shoreline access plan shall also integrate where appropnate,
any pubbc accessway(s) to interpretive trail system(s) and to the historical
-21-
and archaeological sites to be approved by the Planning Director, m
consultation with the Department of Land and Natural Resources m
conJunction with the detail mitigation plan for the park area situated m the
Conservation distuct
(I) Pnor to final approval of a small lot subdivision plat within [he subJec[ property,
the applicant shall convey to the County of Hawau by way of a perpetual
easement the nght to public access and recreational use of its pm•ately o•vned
coastline park and trails, provided, that restnctions will be allowed to be
established by the apphcaiit, subJec[ to the approva] of the Planning Director, to
promote public health and safety and the general secunty of the premises for
residents and guest of the protect to protect the area' pristine condition, a id to
muumize any liability to the applicant, pursuant to Chapter 520, Section 520-4,
Haw•an Revised Statutes The applicant shall retain ownership of its coa•.thne
park and trails m fee simple .ind maintain all lands m the coastline park area and
operate such facility for public recreational use m accordance with the above
teens and conditions This condmon shall no[ be applicable to any roadway, trail
or other rights of way, which are deemed public highways or trails as defined m
Chapter 264, Hawau Revised Statutes,
(J) Should any unidentified sites or remains such as am facts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work m the unmediate area shall cease and the Planning Du ector
shall be immediately notified Subsequent work shall proceed upon an
archaeological clearance from the Planiimg Director when tt finds that sufficient
mitigative measures have been taken,
(K) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision review
The Plan shall include, but not be limited to, the management of construe tion
solid +a•aste as well as operating and domestic solid waste generated by the subJec[
property Approved recommendations and mitigation measures shall be
implemented at a time and m a mamier meeting w•rth the approval of the
Department of Public ~4'orks,
_72_
(L) Roadway improvements and access(es) to the subject property, including all plans
and construction, shal I meet wrth the approval of the Department of Publ ~c
Vb'orks Pnor to the issuance of Final Subdw~s~on Approval for any portion of the
subject property, the applicant shall
(1) construct the channehzation and stgnahzat~on of the Mamalahoa H~ghway-
Halek~'i Street intersection,
(2) determine the final nght-of--way alignment of the entire Mamalahoa
Highway Bypass between the approximate v~cmrty of Keauhou at~d
Captain Cook, including its intersection areas and its acquired ownership
or control The applicant shall provide the Planning Director wttli a metes
and bounds descnphon of each road right-of--way segment mvolv•~d and
evidence of its ownership or control as deemed necessary by the 1'lannmg
Director In lieu of the applicant obtaining or acqutnng ownershm or
control of any segment of the Mamalahoa Htghw•ay Bypass, the
requvement shall be deemed fulfilled upon the county's formal initiation
of condemnation action for such segments and an agreement has been
entered into behveen the applicant and the county providing for the
applicant's reunbursement to the county for the acqu~srtwn of the lands
condemned,
(3) construct the Mamalahoa Highway Bypass m its entirety between the
approxmtate vicinity of Keauhou and Captain Cook, consisting of two
lanes wrth sufficient nght-of--way for a total of four lanes, provided further
that the section of the Mamalahoa Htghw•ay Bypass between Keauhou and
Halek~'I Street shall be completed and available for public use pnor to
occupancy of any dwelling umt within the enure project area,
(4) construct the extension of Halek~'~ Street through the subject property as
generally reflected m Exhtbrt "B", which phasing of improvements shall
be approved by the Department of Public Works If, before the
completion and opening of the entire Mamalahoa Highway Bypatis, a
portion of said bypass is completed and opened, and said pomon provides
-23-
a connection to Haleki'i Street, a bamcade or breakaway gate, meeting
with the regwrements of the Department of Pubhc Yorks, shall b~
installed by the applicant as part of the required Halek~'i Street
improvements The purpose of this condmon ~s to prevent the use of
Haleki'i Street as a vehicular thoroughfare between the ex~sung
Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass
until [he enure proposed Mamalahoa Highway Bypass between the
approximate vicinity of Keauhou and Captain Cook has been completed
and opened for general public use, and
(5) provide roadway stub-outs, generally shown m Exhibrt "B", to provide
future connections between [he sub~ec[ property, and the adjacent
properties to the north and south, provided that such stub-outs shall be
constructed m accordance with the construction phasing as appro~ ed by
the Department of Pubhc Vl'orks
The applicant shall constnict the Mamalahoa Highway Bypass to standards set
forth by the Department of Pubhc Works for Alu Highway with such
mod~ficauons as may be deemed necessary by the Department of Pubhc '.Yorks
The applicant shall provide a landscape buffer along highway sections w~thtn five
hundred feet of existing dwellings , as regmred by the chief engineer, to reduce
the unpacts of nose and Lght on the residents therein and to generally beautify
the highway appearance m such locations, provided that the applicant shall enter
into a reimbursement agreement with the County which sets forth the terms and
conditions of ~eunbursemen[ for costs incurred for the construction, land
acginsmon and design of the Mamalahoa Highway Bypass out of funds paid to
[he state and;
or county by other developers or landowners whom the county may
determine as benefiting from the '~9amalahoa Hiehway Bypass and wh~cli funds
are available to the county for such purpose, and provide further, that the total
amount of reimbursement due to the applicant shall not exceed the total c ost of
land acginsttion, design and construction of the Mamalahoa Highway Bypass
incurred by the applicant, less the pro rata pomon attnbuted to the sub~ec t
property,
-24-
(M) All roadway improvements stated m Condition L of this ordinance shall he
dedicated to the County of Hawau. provided that. m lieu of deduation. Haleki,i
Street may be retained m prnate ownership. subject to a pe1•petual easement for
public use and a road maintenance agreement meeting with the approval of the
Department of Public Works. and provided further that all improvements shall
meet with the approval of the Department of Public Works
(N) To ensure that the Goals and Policies of the Recreational Element of the
General Plan are implemented, the applicant shall provide two acres of land
abutting the north side of Kona Scenic Park for public purposes pnor to Final
Subdivision Approval of the subject property
(O) In lieu of actual construction of mfrastnactural unprovements as required under
Conditions D, F, H, K, and L, the applicant may enter into an agreement with the
Planning Director to assure the county that the mfrastructural unprovements will
be constricted together with the appropnate bond, surety or other secunt. deemed
acceptable to [he Planning Director and the Corporation Counsel Upon execution
of such agreement andlor filing of the security wrth the County, Final Subdivision
approval for the subject property or portions thereof shall be granted pnor to the
actual construction of required mfiastructiiral unprovements,
(P) It shall be demonstrated to the satisfaction of [he Planning Director that
agncultural activity is being conducted on the subdivided lots within three years
from the date of Final Subdn ision Approval For the purposed of this condition,
"agriculture" shall be defined as the cultivation of crops, including but not hmrted
to Flowers, vegetable, foliage, and (nuts that are propagated for economic or
personal use .An agncultural acuvrty will be considered satisfactory
(1) if such achvrty is implementing a conservation program for the a1 fec[ed
property(ies), as approved by the applicable soil and water conservation
district directors and tiled wrth the Soil Conservation Service,
_7j_
(2) tf rt provides a source of income to the person(s) who reside on the
property, or
(3) tf the property is dedicated for agnculture uses m accordance wttli
applicable Tax Department procedures and that such agnculture dedtcatton
shall be made a deed covenant and duly recorded with the State Bureau of
Conveyances and a copy of the recorded deeds shall be filed with the
Planning Department within one year from the date of Final Subdtvtswn
Approval
Each approved lot must comply with at least one of the above reginrements to
sattsfy the conditions of approval of this ordinance,
(Q) Restncttve covenants m the deeds of all the proposed lots shall prohibit the
construction of a second dwelling umt on each lot, provided that this shall not
preclude the construction of a guest house as defined under Chapter 25 of the
Hawau County Code A copy of the proposed covenant(s) to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Department for review
and approval prior to final subdtvtston approval A copy of the approved
covenant shall be recited m an msttument executed by the applicant and the
county and recorded w•t[h the Bureau of Conveyances likewise prior to final
subdrvtston approval,
(R) The applicant shall make its Yatr share contnbutton to mtttgate the potential
regional impacts of the subject property with respect to parks and recreatton, fire,
police, sobd waste disposal factimes, and roads The amount of the fair share
contnbutton shall be the sum which is the product of multiplying the number of
lots proposed to be subdtvtded by the amounts allocated herembelow for each
such lot, and shall become due and payable prior to final subdtvtston approval for
any portion of the subject property or its increments If the subject property is
subdtvtded m two or more increments, the amount of the fair share contnbutton
due and payable prior to final subdtvtston approval of each tncrement shall be a
sum calculated m the same manner according to the number of addrttona
proposed lots to each such tncrement The fair share contnbutton for each lot,
-2G-
except for lots larger than ten acres m size or which aze commuted exclusively for
golf course and park purposes, shall be based on the maximum allowable density
of building saes as determined by the zoning of such lot The fair share
contnbution m a form of cash, land, facilities, or any combmahon thereo ~
acceptable to the director m consultation with the affected agencies shall have a
maximum combined value of $7,239.16 per lot Based upon the appllca~it's
representation of intent to subdrnde and develop up to 400 lots, the indicated total
fair share contnbution Is $2,895,664.00, however, the total amount shall `~e
increased or reduced m propomon with the actual number of subdivided lots
according to the calculation and payment provisions set forth m this Con~Ltion O
The fair share contnbution shall be allocated as follows
(I) 53,490 85 per lot, for an mdwated total of $1,396,340.00 to the County to
support park and recreational improvements and facilities,
(2) S168 40 per lot, for an indicated total of $67,360.00 to the Count} to
support police facilities,
(3) $332 61 per lot, for an indicated total of $133,044.00 to the County to
support fire facilmes,
(4) $14~ 62 per lot, for an indicated total of $58,248.00 to the Coun[} to
support solid waste facilmes,
53,101 68 per lot, for an indicated total of 51,240,672.00 to the State or
County to support road and traffic Improvements
The fair share contributions descnbed above shall be adjusted annually beginning
three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Pnce Index (HCPI) In lieu of paying the fair
share contnbution, the applicant may construct improvementsifacilrties related to
parks and recreation, fire, police, solid waste disposal facilities, and road, within
the region impacted by the proposed development, subject to the approval of the
planning director The cost of constructing the improvements required u.
_27_
Conditions H, K and L shall he credited against the sum speccfied m Condtt~on
R(1) for parks and recreation. Condition R(4) for solid waste facilities, and m
Condinon R(5) for road and traffic improvements For purposes of admuustenng
Condmon R, the value of land contributed or the cost of any improvements
regmred or made m lieu of the fair share contnbut~on shall be such amount as
approved by the Planning Director, upon consultation wrth the appropriate
agencies
(S) In the event that the State Department of Education adopts an educational
facilities impact fee program, [he applicant shall participate m the regwrements of
the program,
(T) Comply wrth all applicable laws, rules, regulations and requirements, including
those of the Department of Health, Fcre, and the Department of Water Supply,
(U) Should the Council adopt a Unified Impact Fees Ordinance setting forth c ntena
for the tmposrt~on of exactions or the assessment of Impact fees, condfions
included herein shall be credited towards the regwrements of the U'mfied Impact
Fees Ordinance,
(V) An annual progress report sh.rll be submitted to the Planning Director poor to
each anniversary date of the approval of thcs change of zone The report ;hall
address m detail the status of the development and the contpltance with the
condmons of approval This condmon shall remain m effect until all of the
conditions of approval have been complied wrth and the Planning Director
acknowledges that further reports are not required, and,
(W) An extension of time for the performance of conditions within the ordma ice, wrth
the exception of Condmon C, may be granted by the Planning Director upon the
following cvcumstances
(1) the non-performance is the result of condmons that could not hava been
foreseen or are beyond the control of the applicant, successors or 3ss~gns,
and that are not the result of then fault or negligence,
_?g_
(2) granting of the time ectens~on would not be contrary to the General Plan
or Zoning Code,
(3) granting of the ume extension would not be contrary to the ongm.il
reasons for the granting of the change of zone,
(4) the time extension granted shall be for a penod not to exceed the penod
ongmally granted for performance e , a condrt~on to be performed
within one year may he extended for up to one add~t~onal year), and
should the Applicant iegwre an addrt~onal extension of ume, the 1'lannmg
Director shall submit the Applicant's request to the County Council for
appropnate action
Further, should any of the cond~t~ons not be met or substantially complied w•rth m
a timely fashion, the Director shall initiate rezoning of the area to us onginal or
more appropnate designation
SECTION 2 Matenal to be deleted is bracketed Ne~v matenal is underscored
SECTION 3 In the event that any portwn of this ordinance ~s declared invalid, •.uch
imahdrty shall not affect [he other parts of this ordinance
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SECTION 4 This ordinance shall take effect upon rts approval
INTRODUCED BY
COUNCIL h4EMBER, COUNTY OF HAWAII
Hilo, Hawau
Date of Introduction
Date of 1st Reading
Date of 2nd Reading
Effectrve Date
REFERENCE: Comm. 968
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED
-30-
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