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HomeMy WebLinkAboutBIL 186 Draft 04 1996-1998 1 0 COUNTY OF HAWA1 -- STATE OF HAWAII r ,,,,,, . „, ::,.... 7 BILL NO. 186 (Draft 4) ORDINANCE NO. 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 (Zomng Code) of the Hawaii County Code, is amended to change the distnct 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 comer of this parcel of land and on the West side of Kuakim Highway, the coordinates of said point of beginning 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 Kualum Highway, 2 57° 53' 30 00 feet along the North side of Parcel 4, also being 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, L C Aw 7713, Ap 6 to V Kamamalu, 5 327° 53' 338 00 feet along the West side of Kuakuu 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, -2- • • 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 remamder 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 remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 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- • • 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 remamder 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, bemg also along the remamder 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 V Kamamalu, 32 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 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 V 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 90 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, 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 V Kamamalu, 40 172° 00' 205 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 41 157° 47' 650 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 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 RP 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, 44 Thence 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 550 00 feet, the direct chord azimuth and distance being 175° 34' 451 79 feet, -5- • r 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 ✓ Kamamalu, on a curve to the left with a radius of 1000 00 feet, the direct chord azimuth and distance bemg 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 ✓ 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- • • 52 48° 38' 100 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 53 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 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 ✓ Kamamalu, 55 173° 48' 03" 286 34 feet along the East side of the Proposed Realignment of Alii Highway, bemg also a portion of R P 6856, L C Aw 7713, Ap 6 to ✓ 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 pomt of beginning and containing 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 corner of this parcel of land, on the East side the Proposed Realignment of Alu Highway, bemg a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, the coordmates of said pomt of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" bemg 11,793 62 feet North and 456 96 feet East and thence running by azimuths measured clockwise from true South 1 173° 48' 03" 310 00 feet along the East side of the Proposed Realignment of Alu Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, -7- • • 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 RP 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- • 1 0 Thence along the remamder of R.P 6856, L C Aw 7713, Ap 6 to V Kamamalu, on a curve to the nght 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 remamder 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 remamder 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, I I 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 remamder 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 right 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 R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 22 173° 50' 32" 82 42 feet 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 ✓ Kamamalu, 23 Thence 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 on a curve to the right 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- fo • • 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 ✓ K:amamalu, 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 remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ K:amamalu, 32 149° 06' 366 00 feet along the remainder of RP 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 ✓ Kamamalu, 34 227° 13' 57 00 feet along the remamder 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 remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 39 178° 05' 190 00 feet along the remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 40 88° 05' 208 00 feet along the remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 41 148° 17' 429 00 feet along the remainder of RP 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 V 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 remamder of RP 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -12- 48 173° 18' 200 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, 49 83° 18' 172 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V 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 containing 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 corner of this parcel of land, on the West side of Kamehameha III Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 8,52411 feet North and 2,659 47 feet East and thence running 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 nght 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 remamder 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 remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ 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 ✓ 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 remamder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 10 184° 06' 246 00 feet along the remainder 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 V Kamamalu, 12 214° 23' 194 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to ✓ Kamamalu, -14- 411 110 13 223° 50' 120 00 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, 14 313° 50' 180 00 feet along the remainder of RP 6856,LC Aw 7713,Ap 6to ✓ 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 R P 6856, L C Aw 7713, Ap 6 to ✓ 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 bemg 0° 35' 15" 9019 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 bemg 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- II) 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 nght with a radius of 450 00 feet, the direct chord azimuth and distance bemg 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 beginn ng and contauung 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 comer of this parcel of land, on the East side of the Proposed Realignment of Alit 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 Tnangulation Station "KEAUHOU COAST" bemg 8,007 97 feet North and 1,155 51 feet East and thence running by azimuths measured clockwise from true South -17- • • • 1 Thence along the East side of the Proposed Realignment of Alu 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 bemg 176° 15' 38" 122 36 feet, 2 173° 50' 32" 410 50 feet along the East side of the Proposed Realignment of Alu 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 RP 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 bemg 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 remainder of R P 6856, L C Aw 7713, Ap 6 to ✓ Kamamalu, -18- 0 41,■/ c 9 90° 34' 403 92 feet along the remainder of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu to the point of begimung and containing an area of 14 00 Acres The district classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Open (0) Beginning at the Northwest comer of this parcel of land, on the East side of the Proposed Realignment of Alii Highway, bemg a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, the coordinates of said point of begmning referred to Government Survey Triangulation Station "KEAUHOU COAST" bemg 11,793 62 feet North and 456 96 feet East and thence rummng 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 V 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 remamder 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 R P 6856, L C Aw 7713, Ap 6 to ✓ 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 RP 6856,LC Aw 7713,Ap 6to ✓ 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 ✓ 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 remainder of RP 6856, L C Aw 7713, Ap 6 to V Kamamalu, -20- 3 • • 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 RP 6856,LC Aw 7713,Ap 6to ✓ 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 Alii Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu 30 Thence 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 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 Ahi Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, 32 Thence 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 V Kamamalu, on a curve to the right 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 Aln Highway, being a portion of R P 6856, L C Aw 7713, Ap 6 to V Kamamalu, to the point of beginning and containing 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 in district classification are conditioned upon the following -22- • 1111 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 complymg with all of the conditions of approval of the Special Management Area Use Permit for the subject property C Witlun 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 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 m conjunction with the subdivision approval process Residential buildmg 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 Fmal Subdivision Approval for the residential subdivision and Fmal 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 m Condition C of this ordinance Prior 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 -23- • • Chapter 25 Division 7 of the Zoning Code relatmg to Plan Approval A master plan and development schedule of the entire proposed development withm the subject property shall be submitted with plans for subdivision review for Phase I E Restrictive covenants m the deeds of all proposed residential lots withm the subject property shall prohibit the construction of a second dwellmg umt 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 in conjunction with the issuance of Final Subdivision Approval F Access(es) and intersection roadway improvements to the subject property from Kamehameha III Road and Ahi Highway and any improvements within Kamehameha III Road and Aln Highway shall be constructed meetmg with the requirements and approval of the Department of Public Works In conjunction with Final Subdivision Approval for the correspondmg phases of the development within the subject property, the applicant shall complete the followmg roadway improvements, when warranted by traffic studies conducted m coordination with the Department of Public Works (1) Traffic signalization improvements shall be installed for the intersection of Kamehameha III Road and Keah' i Street (2) Left turn lanes shall be constructed within Kamehameha III Road at Mauka Access Roads I and II mto the subject property G Upon the deternnnation of the required right -of -way for the Aln Highway project and the completion of the right -of -way subdivision(s) for such roadway portion, the applicant shall dedicate such right -of -way portion m fee simple to the County upon its request The applicant shall make its fair share contribution for the proposed Aln Highway Project -24- • • a H Roadway connection(s) to the adjoining parcel of the subject property's northern boundary shall be provided, if such subdivision roads are dedicated to the county, m a manner as required by the Planning Department m consultation with the Department of Public Works, and shall be delmeated on the fmal subdivision plat map for the subject property I All roadways witlun the proposed subdivision shall be constructed m a manner as required by the Planning Department m consultation with the Department of Public Works J A dramage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review Dramage improvements, if required, shall be constructed or bonded meetmg 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 prior 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 secure the concurrence of the Office of Housmg and Conunumty Development that the applicant's affordable housmg requirements for the residential development of the subject property, if any, have been mutually agreed to prior to Final Subdivision Approval for any portion of the subject property 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 - Historic Preservation Division (DLNR -HPD) and a cultural advisory committee composed of members of the commumty. includmg but not limited to representatives from the Kona Hawaiian Civic Club, Na ' )pio 0 Kahalu' u and the Office of Hawaiian -25- . • Affairs Proposed mitigation treatment (preservation m place or dismternment/ remternment) for burial sites withm the subject property shall be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are fmalized for these sites A copy of the approved Fmal Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files pnor to submitting plans for subdivision review and prior to any approval for any land alteration permits An interpretation/mitigation plan which shall include buffer zones, signage and long -range preservation concerns shall be submitted to the Planning Director prior to Fmal Subdivision Approval N Should any umdentified sites or remains such as artifacts, bone or charcoal deposits, human burials, rock or coral alignments, pavmgs or walls, terraces, platforms, or marme shell concentrations be encountered, work m the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR -HPD) shall be immediately notified Subsequent work shall proceed upon an archaeological 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 contribution shall be the sum which is the product of multiplymg the number of residential lots proposed to be subdivided by the amounts allocated herembelow for each such lot, and shall become due and payable prior to fmal subdivision approval for any portion of the subject property or its mcrements If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated m the same manner accordmg to the number of proposed residential lots in each such mcrement The fair share contribution, in a form of cash, land, facilities or any combmation thereof acceptable to the -26- i . . . 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 $3,590,809.17 for multiple fanuly residential umts and $1,469,549.48 for smgle - family residential umts, wluchever is applicable However, the total amount shall be increased or reduced m proportion with the actual number of umts according to the calculation and payment provisions set forth m 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, 2 $72 42 per multiple -family residential umt for an mdicated total of $55,980.66 and $168 40 per single-fanuly residential umt 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 indicated total of $172,201 21 and $332 61 per single -family residential umt for an indicated total of $67,519.83 to the County to support fire facilities, 4 $99 29 per multiple- family residential umt for an mdicated total of $76,751.17 and $145 62 per single- family residential unit for an mdicated total of $29,560.86 to the County to support solid waste facilities, and 5 $1,959 42 per multiple -family residential umt for an mdicated total of $1,514,631.66 and $3,101 68 per smgle -family residential unit for an indicated total of $629,641.04 to the State or County to support road and -27- . • traffic improvements The fair share contributions described above shall be adjusted annually begmnmg three years after the effective date of the change of zone, based on the percentage change m the Honolulu Consumer Price Index (HCPI) In lieu of paying the fair share contribution, the applicant may construct and contribute improvements /facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director The cost of providing and constructing the improvements required m Conditions F, and G shall be credited against the sum specified in Condition 0 (5) for road and traffic improvements For purposes of admuustermg Condition 0, the fair market value of land contributed or the cost of any improvements required or made m lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies P Should the Council adopt a Umfied Impact Fees Ordinance settmg forth criteria 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 Ordmance Q In lieu of actual construction of mfrastructural 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 mfrastructural improvements will be constructed together with the appropriate 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 granted prior to the actual construction of required mfrastructural improvements unless otherwise restricted herem -28- 1 1111 ® i 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, mcluding the Department of Health S An annual progress report shall be submitted to the Planning Director prior to the anmversary 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 bemg complied with This condition shall remam in 3 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 uutial extension of tune 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 Grantmg of the time extension would not be contrary to the General Plan or Zoning Code 3 Grantmg of the time extension would not be contrary to the original reasons for the grantmg of the change of zone 4 The time extension granted shall be for a period not to exceed the period originally granted for performance (i e , a condition to be performed within one year may be extended for up to one additional year) U Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may imtiate rezomng of the subject area to its origmal 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 ordmance -29- • ® • SECTION 4 This ordinance shall take effect upon its approval INTRODUC II BY AO/ I • CIL EMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction March 18, 1998 Date of 1st Reading March 18, 1998 Date of 2nd Reading Effective Date REFERENCE: Comm 648 09 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED -30- DONALD IKEDA :� • �:' -7! \ ALAN S KONISHI County Clerk ' Deputy County Clerk • • CONSTANCE R. KIRIU OFFICE OF THE COUNTY CLERK Leg :slam e A th:or County of Hawau Hams County Building 25 Auputu Strut Hdo Haunt; 96720 NOTE On Bill 186. Draft 4. reference is made to maps identified as Exhibit "A," which are attached hereto Because of the large sizeraf said exhibits, they are not a part of the duplicate copies of this bill for an ordinance but are available for viewing Office of the County Clerk If further information is needed, please call 961 -8255 Donald Ikeda COUNTY CLERK