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HomeMy WebLinkAboutBIL 186 Draft 05 1996-1998 t E • 0 q ,. I/pV~ r �h a A COUNTY OF HAWI \-:',..-: ) OF HAWAII ' BILL NO 186 (Draft 5) ORDINANCE NO 98 30 AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) /AGRICULTURAL (A -5a) TO SINGLE FAMILY RESIDENTIAL (RS -10), MULTIPLE FAMILY RESIDENTIAL (RM -2, RM -3 5, RM -5 5) AND OPEN (0) AT KAHALUU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7 -8 -10 PORTION OF 2 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1 Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows The district classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Single - Family Residential (RS -10) Beginning at the Northeast corner of this parcel of land and on the West side of Kuakim Highway, the coordinates of said point of begmmng referred to Government Survey Tnangulation Station "KEAUHOU COAST being 13,393 15 feet North and 3,362 18 feet East and thence running by azimuths measured clockwise from true South 1 327 53' 114 04 feet along the West side of Kualuni Highway, 2 57 53' 30 00 feet along the North side of Parcel 4, also bemg a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 3 327 53' 325 00 feet along the West side of Parcel 4, also being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 4 237 53' 30 00 feet along the South side of Parcel 4, also being a portion of R P 6856, t , f 0 • 6 L C Aw 7713, Ap 6 to V Kamamalu, 5 327 53' 338 00 feet along the West side of Kualum Highway, 6 57 53' 100 00 feet along the North side of Kamehameha III Road, 7 72 30' 84 69 feet along the North side of Kamehameha III Road, 8 42 10' 248 40 feet along the North side of Kamehameha III Road, 9 Thence along the Northwest side of Kamehameha III Road, on a curve to the left with a radius of 415 00 feet, the direct chord azimuth and distance being 4 22' 40" 153 00 feet, 10 328 30' 147 64 feet along the West side of Kamehameha III Road, 11 339 36' 429 28 feet along the West side of Kamehameha III Road, 12 348 06' 173 00 feet along the West side of Kamehameha III Road, 13 78 06' 610 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, ! 14 3 41' 308 47 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 15 67 07' 300 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 1 -2- • • v 16 157 07' 155 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 17 92 56' 155 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 18 133 50' 180 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 19 43 50' 120 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 20 34 23' 194 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 21 11 37' 370 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 1 22 4 06' 246 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 23 357 02' 187 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 24 345 26' 288 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, , 25 321 35' 303 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 26 302 18' 208 29 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -3- 0 1 • 27 356 52' 30" 239 68 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 28 86 52' 30" 170 00 feet along Kahaluu Tank Site No 4, being also along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 29 356 52' 30" 150 00 feet along Kahaluu Tank Site No 4, being also along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 30 86 52' 30" 146 01 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 31 20 00' 81 91 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 32 Thence along the remamder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 475 00 feet, the chord azimuth and distance being 341 00' 597 85 feet, 33 302 00' 200 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 34 Thence along the West side of Kamehameha III Road, on a curve to the left with a radius of 550 00 feet, the chord azimuth and distance being 18 44' 47" 180 83 feet, 35 9 17' 182 68 feet along the West side of Kamehameha III Road, -4- • • 36 22 17' 70 00 feet along the West side of Kamehameha III Road, i 37 96 37' 436 25 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 38 173 49' 921 98 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 39 184 08' 166 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, I 40 172 00' 205 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to f ✓ Kamamalu, 41 157 47' 650 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 1 s 42 175 18' 622 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 43 90 48' 265 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 44 Thence the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a a curve to the left with a radius of 550 00 feet, the direct chord azimuth 1 and distance being 175 34' 451 79 feet, -5- I I ( ` ! 41111 • • 45 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the nght with a radius of 950 00 feet, the direct chord azimuth and distance being 171 19' 649 84 feet, 46 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to ( V Kamamalu, on a curve to the left with a radius of 1000 00 feet, the ( direct chord azimuth and distance being 184 49' 226 41 feet, 47 178 19' 150 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 48 88 19' 147 22 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 49 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the nght with a radius of 80 00 feet, the direct chord azimuth and distance being 108 28' 30" 55 14 feet, 50 128 38' 99 50 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 51 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 300 00 feet, the direct chord azimuth and distance being 88 38' 385 67 feet, -6- ti • • 52 48 38' 100 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to V Kamamalu, 53 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the nght with a radius of 100 00 feet, the direct chord azimuth and distance being 66 13' 60 42 feet, 54 83 48' 100 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 55 173 48' 03" 286 34 feet along the East side of the Proposed Realignment of Ali Highway, being also a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 56 251 48' 50" 1095 89 feet along Grant 3019 to Kaaipulu, 57 250 59' 2039 78 feet along Grant 3019 to Kaaipulu to the point of begmmng and contaimng an area of 136 89 Acres The district classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Multiple Family Residential (RM -3 5) Beginning at the Northwest comer of this parcel of land, on the East side the Proposed Realignment of Ahi Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, the coordinates of said point of begmmng referred to Government Survey Triangulation Station "KEAUHOU COAST" being 11,793 62 feet North and 456 96 feet East and thence running ring by azimuths measured clockwise from true South 1 173 48' 03" 310 00 feet along the East side of the Proposed Realignment of Ali Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, -7- • III 2 263 48' 100 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 3 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 100 00 feet, the direct chord azimuth and distance being 246 13' 60 42 feet, 4 228 38' 100 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 5 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the right with a radius of 300 00 feet, the direct chord azimuth and distance being 268 38' 385 67 feet, 6 308 38' 99 50 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 7 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 80 00 feet, the direct chord azimuth and distance being 288 28' 30" 55 14 feet, 8 268 19' 147 22 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 9 358 19' 150 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -8- • • • 10 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the right with a radius of 1000 00 feet, the direct chord azimuth and distance being 4 49' 226 41 feet, 11 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 950 00 feet, the direct chord azimuth and distance being 351 19' 649 84 feet, 12 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the right with a radius of 550 00 feet, the direct chord azimuth and distance being 355 34' 451 79 feet, 13 270 48' 265 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 14 355 18' 622 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 15 337 47' 650 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 16 352 00' 205 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 17 4 08' 166 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -9- • 18 353 49' 43 46 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 19 83 49' 105 59 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 20 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the nght with a radius of 590 00 feet, the direct azimuth and distance bemg 48 37' 39" 680 44 feet, 21 83 50' 32" 300 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to V Kamamalu, 22 173 50' 32" 82 42 feet along the East side of the Proposed Realignment of Aln Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 23 Thence along the East side of the Proposed Realignment of Ahi Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu on a curve to the nght with a radius of 1350 00 feet, the direct chord azimuth and distance being 177 27' 33" 170 32 feet, 24 181 04' 33" 562 42 feet along the East side of the Proposed Realignment of Ahi Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 25 262 30' 146 74 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -10- • • 26 293 54' 249 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 27 254 28' 397 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 28 173 19' 92 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 29 104 45' 292 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 30 180 50' 160 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 31 94 10' 265 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 32 149 06' 366 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 33 183 30' 446 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 34 227 13' 57 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 35 189 50' 90 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 36 262 09' 96 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -11- • • 37 191 05' 145 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 38 106 48' 66 00 feet along the remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 39 178 05' 190 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 40 88 05' 208 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 41 148 17' 429 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 42 240 26' 220 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 43 210 50' 110 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 44 180 11' 58 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 45 108 33' 219 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 46 164 07' 81 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 47 199 51' 248 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -12- • • 48 173 18' 200 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 49 83 18' 172 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 50 353 18' 203 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 51 17 34' 135 63 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 52 83 48' 250 16 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu to the point of beginning and contaimng an area of 44 26 Acres The district classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Multiple Family Residential (RM - 5 5) Beginning at the South comer of this parcel of land, on the West side of Kamehameha III Road, the coordinates of said point of beguuung referred to Government Survey Triangulation Station "KEAUHOU COAST" being 8,524 11 feet North and 2,659 47 feet East and thence rummng by azimuths measured clockwise from true South 1 122 00' 200 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 2 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the right with a radius of 475 00 feet, the direct chord azimuth and distance being 161 00' 597 85 feet, -13- • • 3 200 00' 81 91 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 4 266 52' 30" 316 01 feet along Kahaluu Tank Site No 4, being also along remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu 5 176 52' 30" 389 68 feet along Kahaluu Tank Site No 4, being also along remainder of R P 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, 6 122 18' 208 29 feet along the remainder of R P 6856, L C Aw 7713 Ap 6 to ✓ Kamamalu, 7 141 35' 303 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 8 165 26' 288 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 9 177 02' 187 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 10 184 06' 246 00 feet along the remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 11 191 37' 370 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 12 214 23' 194 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, -14- • 1111 13 223 50' 120 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, 14 313 50' 180 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 15 272 56' 155 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 16 337 07' 155 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, 17 247 07' 300 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 18 183 41' 308 47 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 19 258 06' 610 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 20 348 06' 35 00 feet along the West side of Kamehameha III Road, 21 78 06' 10 00 feet along the West side of Kamehameha III Road, 22 Thence along the West side of Kamehameha III Road, on a curve to the right with a radius of 940 00 feet, the direct chord azimuth and distance being 352 59' 160 04 feet, 23 267 52' 10 00 feet along the West side of Kamehameha III Road, -15- • • 24 Thence along the West side of Kamehameha III Road, on a curve to the right with a radius of 950 00 feet, the direct chord azimuth and distance being 0 35' 15" 90 19 feet, 25 3 18' 30" 492 48 feet along the West side of Kamehameha III Road, 26 Thence along the West side of Kamehameha III Road, on a curve to the right with a radius of 450 00 feet, the direct chord azimuth and distance being 4 32' 09 3" 19 28 feet, 27 43 40' 92 26 feet along the Northwest side of Kamehameha III Road, 28 20 57' 30" 65 67 feet along the Northwest side of Kamehameha III Road, 29 13 08' 136 88 feet along the Northwest side of Kamehameha III Road, 30 Thence along the Northwest side of Kamehameha III Road, on a curve to the right with a radius of 450 00 feet, the direct chord azimuth and distance being 47 04' 12 2" 64 82 feet, 31 51 12' 243 05 feet along the Northwest side of Kamehameha III Road, 32 141 12' 15 00 feet along the Northwest side of Kamehameha III Road, 33 51 12' 83 00 feet along the Northwest side of Kamehameha III Road, -16- fi 34 Thence along the Northwest side of Kamehameha III Road, on a curve to the left, with a radius of 565 00 feet, the direct chord azimuth and distance being 26 47' 30" 466 96 feet, 35 2 23' 340 00 feet along the West side of Kamehameha III Road, 36 272 23' 15 00 feet along the West side of Kamehameha III Road, 37 2 23' 458 11 feet along the West side of Kamehameha III Road, 38 Thence along the West side of Kamehameha III Road, on a curve to the right with a radius of 450 00 feet, the direct chord azimuth and distance being 22 23' 307 82 feet, 39 42 23' 262 43 feet along the West side of Kamehameha III Road, 40 Thence along the West side of Kamehameha III Road, on a curve to the left with a radius of 550 00 feet, the direct chord azimuth and distance being 35 17' 45" 135 72 feet to the point of beginning and contaimng an area of 58 11 Acres The district classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Multiple Family Residential (RM -2) Begmmng at the Southwest corner of this parcel of land, on the East side of the Proposed Realignment of Aln Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 8,007 97 feet North and 1,155 51 feet East and thence running by azimuths measured clockwise from true South -17- 9 � • • . 1 Thence along the East side of the Proposed Realignment of Alai Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left, with a radius of 1450 00 feet, the direct azimuth and distance being 176 15' 38" 122 36 feet, 2 173 50' 32" 410 50 feet along the East side of the Proposed Realignment of Alit Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 3 263 50' 32" 300 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 4 Thence along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 590 00 feet, the direct chord azimuth and distance being 228 37' 39" 680 44 feet, 5 263 49' 105 59 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 6 353 49' 878 52 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 7 96 37' 119 75 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 8 68 50' 465 00 feet along the remamder of R P 6856 L C Aw 7713, Ap 6 to ✓ Kamamalu, -18- i 1111 • 9 90 34' 403 92 feet alon g the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu to the point of beginning and containing an area of 14 00 Acres The distnct classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Open (0) Beginning at the Northwest corner of this parcel of land, on the East side of the Proposed Realignment of Ahi Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, the coordinates of said point of beginning referred to Government Survey Tnangulation Station "KEAUHOU COAST" being 11,793 62 feet North and 456 96 feet East and thence running by azimuths measured clockwise from true South 1 263 48' 250 16 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 2 197 34' 135 63 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 3 173 18' 203 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 4 263 18' 172 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 5 353 18' 200 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 6 19 51' 248 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 7 344 07' 81 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, -19- • • 8 288 33' 219 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 9 0 11' 58 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 10 30 50' 110 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 11 60 26' 220 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 12 328 17' 429 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 13 268 05' 208 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 14 358 05' 190 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 15 286 48' 66 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 16 11 05' 145 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 17 82 09' 96 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 18 9 50' 90 00 feet along the remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -20- 1111 • 19 47 13' 57 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 20 3 30' 446 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 21 329 06' 366 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 22 274 10' 265 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 23 0 50' 160 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 24 284 45' 292 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 25 353 19' 92 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 26 74 28' 397 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 27 113 54' 249 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 28 82 30' 146 74 feet along the remainder of R P 6856 L C Aw 7713, Ap 6 to ✓ Kamamalu, -21- • • 29 181 04' 33" 43 39 feet along the East side of the Proposed Realignment of Ali Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu 30 Thence along the East side of the Proposed Realignment of Ahi Highway, bemg a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the left with a radius of 450 00 feet, the direct chord azimuth and distance being 167 46' 33" 667 14 feet, 31 154 28' 33" 635 27 feet along the East side of the Proposed Realignment of Alp. Highway, bemg a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 32 Thence along the East side of the Proposed Realignment of Ali Highway, bemg a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the nght with a radius of 1750 00 feet, the direct chord azimuth and distance being 164 08' 18" 587 45 feet, 33 173 48' 03" 610 82 feet along the East side of the Proposed Realignment of Ahi Highway, bemg a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, to the point of begmmng and contammg an area of 25 82 Acres All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof SECTION 2 These changes m district classification are conditioned upon the following -22- • 1 A The applicant, successors or assigns shall be responsible for complymg with all of the stated conditions of approval B The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval of the Special Management Area Use Permit for the subject property C Within three (3) 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 State 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 m 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 dulling 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 shall not be occupied until the approved water source is developed D Final Subdivision Approval for the residential subdivision and Final Plan Approval for the multiple family residential development for Phase I shall be secured within five (5) years from the effective date of the rezoning as determined in Condition C of this ordinance Pnor to commencing construction for any of the proposed multiple family residential development, Final Plan Approval shall be secured from the Planning Department m accordance with Chapter 25 Division 7 of the Zoning Code relating to Plan Approval A master plan and development -23- • • • schedule of the entire proposed development within the subject property shall be submitted with plans for subdivision review for Phase I E Restrictive covenants in the deeds of all proposed residential lots within the subject property shall prohibit the construction of a second dwelling unit on each lot A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted with the plans for subdivision to the Planning Director for review and approval A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances m conjunction with the issuance of Final Subdivision Approval F Access(es) and intersection roadway improvements to the subject property from Kamehameha III Road and Alii Highway and any improvements within Kamehameha III Road and Alii Highway shall be constructed meeting with the requirements and approval of the Department of Public Works In conjunction with Final Subdivision Approval for the corresponding phases of the development within the subject property, the applicant shall complete the following roadway improvements, when warranted by traffic studies conducted in coordination with the Department of Public Works (1) Traffic signalization improvements shall be installed for the intersection of Kamehameha III Road and Keali'i Street (2) Left turn lanes shall be constructed within Kamehameha III Road at Mauka Access Roads I and II into the subject property G Upon the determination of the required right -of -way for the Alii Highway project and the completion of the nght -of -way subdivision(s) for such roadway portion, the applicant shall dedicate such nght -of -way portion in fee simple to the County upon its request The applicant shall make its fair share contribution for the proposed Alii Highway Project H Roadway connection(s) to the adjommg parcel of the subject property's northern boundary shall be provided, if such subdivision roads are dedicated to the county, -24- i R • • in a manner as required by the Planning Department in consultation with the Department of Public Works, and shall be delineated on the fmal subdivision plat map for the subject property j I All roadways within the proposed subdivision shall be constructed in a manner as required by the Planning Department in consultation with the Department of Public Works J A drainage study of the subject property, if re required, shall be prepared for review g Y J q P P and approval by the Department of Public Works, pnor to submittal of plans for subdivision review Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval K The applicant, successors or assigns shall submit a Solid Waste Management Plan for the development to the Department of Public Works for review and approval pnor to securing Final Subdivision Approval A copy of the approved Plan shall be submitted to the Planning Department for its files L To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing M An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval by the Planning Director m consultation with the Department of Land and Natural Resources - Histonc Preservation Division (DLNR -HPD) and a cultural advisory committee composed of members of the community, including but not limited to representatives from the Kona Hawaiian Civic Club, Na Opio O Kahalu u and the Office of Hawaiian Affairs Proposed mitigation treatment (preservation m place or disinterment/ remternment) for burial sites within the subject property shall be approved by the Histonc Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be -25- 1 III ,. submitted to the Planning Director for its files pnor to submitting plans for subdivision review and pnor to any approval for any land alteration permits An interpretation/mrtigation plan which shall include buffer zones, signage and long -range preservation concerns shall be submitted to the Planning Director pnor to Final Subdivision Approval N Should any unidentified sites or remains such as artifacts, bone or charcoal deposits, human bunals, rock or coral alignments, pavmgs or walls, terraces, platforms, or marine shell concentrations be encountered, work m the immediate area shall cease and the Department of Land and Natural Resources - Histonc Preservation Division (DLNR -HPD) shall be immediately notified Subsequent work shall proceed upon an archaeological clearance from the DLNR -HPD when sufficient mitigative measures have been taken 0 The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities The amount of the fair share contnbution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated herembelow for each such lot, and shall become due and payable pnor to final subdivision approval for any portion of the subject property or its increments If the subject property is subdivided in two or more increments, the amount of the fair share contnbution due and payable pnor to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment The fair share contribution, in a form of cash, land, facilities or any combination thereof acceptable to the director in consultation with the affected agencies, shall be determined by the County Council The fair share contribution 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 976 residential units, the indicated total of fair share contribution is -26- • $3,590,809 17 for multiple family residential units and $1,469,549 48 for smgle- family residential units, whichever is applicable However, the total amount shall be increased or reduced m proportion with the actual number of amts according to the calculation and payment provisions set forth in this Condition 0 The fair share contribution shall be allocated as follows 1 $2,291 39 per multiple -family residential unit for an mdicated total of $1,771,244 47 and $$3,490 85 per single- family residential unit for an indicated total of $708,642 55 to the County to support park and recreational improvements and facilities within the Kahalu u — Keauhou districts to include, without limitation, improvements to Kahalu u Beach Park, 2 $72 42 per multiple - family residential unit for an mdicated total of $55,980 66 and $168 40 per single - family residential unit for an indicated total of $34,185 20 to the County to support police facilities, 3 $222 77 per multiple- family residential umt for an mdicated total of $172,201 21 and $332 61 per single- family residential unit for an indicated total of $67,519 83 to the County to support fire facilities, 4 $99 29 per multiple - family residential amt for an indicated total of $76,751 17 and $145 62 per single - family residential unit for an indicated total of $29,560 86 to the County to support solid waste facilities, and 5 $1,959 42 per multiple - family residential unit for an indicated total of $1,514,631 66 and $3,101 68 per single -family residential unit for an indicated total of $629,641 04 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 the change of zone, based on the percentage change m the Honolulu Consumer Pnce Index (HCPI) Any fair share -27- • contributions paid by the applicant shall be expended within the region impacted by the proposed development, subject to the approval of the director In lieu of paying the fair share contribution, the applicant may construct and contnbute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director The cost of providing and constructing the Improvements required m Conditions F, and G shall be credited against the sum specified m Condition O (5) for road and traffic improvements For purposes of admimstenng Condition 0, the fair market value of land contnbuted or the cost of any improvements required or made in lieu of the fair share contnbution shall be subject to review and approval of the director, upon consultation with the appropnate agencies Upon approval of the fair share contnbutions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements P Should the Council adopt a Umfied Impact Fees Ordinance setting forth cntena for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Umfied Impact Fees Ordinance Q In lieu of actual construction of infrastructural improvements as conditioned above, 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 appropnate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel Upon execution of such agreement and/or filing of the security with the County, if applicable, Final Subdivision Approval for the subject property or portions thereof may be -28- • • granted prior to the actual construction of required mfrastructural improvements unless otherwise restricted herein R The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property, including the Department of Health S An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with 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 T An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances 1 The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence 2 Granting of the tune extension would not be contrary to the General Plan or Zoning Code 3 Granting of the time extension would not be contrary to the onginal 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 (i e , a condition to be performed within one year may be extended for up to one additional year) U Should any of the conditions not be met or substantially complied with m a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation SECTION 3 In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance -29- ., • • ry SECTION 4 This ordinance shall take effect upon its approval INTRODU /O • ; r CIL M MBER, COUNTY OF • WAII Hilo, Hawaii Date of Introduction March 18, 1998 Date of 1st Reading March 18, 1998 Date of 2nd Reading April 1, 1998 Effective Date April 14, 1998 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED 1998 -30- • 1 DONALD IKEDA "_ ' ALAN S KONISHI County lerk ry � ; Deputy County Clerk 44- r \ \ CONSTANCE R KIRIU OFFICE OF THE COUNTY CLERK Legislative a uditor County of Hawaii Hawaii County Building 25 Aupuni Street Hilo Hawaii 96720 NOTE On Bill 186, Draft 5, reference is made to maps identified as Exhibit "A," which are attached hereto Because of the large size of said exhibits, they are not a part of the duplicate copies of this bill for an ordinance, but are available for viewing in the Office of the County Clerk If further information is needed, please call 961 -8255 Donald Ikeda COUNTY CLERK 90 34, { • , 0 110 ri) RECEIVED 11-.4-7,,, OFFICE OF THE COUNTY CLERK flme 9 a By County of Hawaii Date -c - 's v a Hilo Hawaii County Council ,, (DRAFT 4) ROLL CALL VOTE Introduced By Bobby Jean Leithead - Todd AYES NOES ABS EX Date Introduced March 18, 1998 Arakalu X I First Reading March 18, 1998 Chung X Published March 26, 1998 Leithead Todd X Ray X REMARKS Reynolds X Santangelo X Smith X Tyler X Yagong X 7 1 1 0 (DRAFT 5) Second Reading April 1, 1998 ROLL CALL VOTE To Mayor April 3, 1998 AYES NOES ABS EX Returned April 15, 1998 Arakalu X Effective April 14, 1998 Chung X �--`,- Published April 22, 1998 Leithead Todd X Ray X REMARKS Re X Santangelo X Smith X Tyler X Yagong X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above `' -- '' , /,..D AS 4O FZ,P1A AND LEGAL= .®ree L E. T C .,PPO^ ai ON COUNSEL C01,14 1Y Or HAWAII / `/, � �:. C+ai-. LAPR .6 199$__ I CIL Approved/ this l day CHAIRMAN o f 4 , 19 q's tXl..-e(,-6 / COUNTY CLERK MA r COUN J?FHAWAH Bill No 186 (Draft 5 ) Reference C- 648/pC -98 98 30 Ord No