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HomeMy WebLinkAboutBIL 186 Draft 01 1996-1998 11: _ • COUNTY OF HAWAII STATE OF 'HAWAII BILL NO. 186 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 (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 Kuakini Highway, the coordinates of said point of beginning referred to Government Survey Triangulation 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 Kuakini 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, 4 41 -,64# L.C. Aw. 7713, Ap. 6 to V. Kamama lu; 5. 327° 53' 338.00 feet along the West side of Kuakini 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 V. Kamamalu; 14. 3° 41' 308.47 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 15. 67° 07' 300.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -2- 0 16. 157° 07' 155.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 17. 92° 56' 155.00 . feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 18. 133° 50' 180.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 19. 43° 50' 120.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 20. ' 34° 23' 194.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu 21. 11° 37' 370.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 22. 4° 06' 246.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 23. 357° 02' 187.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 24. 345° • 26' 288.00 ' feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 25. 321° 35' 303.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 26. • 302° 18' 208.29 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -3- *- • 27. 356° 52' 30" 239.68 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. 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 V. Kamamalu; 30. 86° 52' 30" 146.01` feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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. 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; 37. 96 37' 436.25 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 38. 173° 49' 921.98 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. Kamamalu; 41. 157° 47' 650.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu 42. 175° 18' 622.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 curve to the left with a radius of 550.00 feet, the direct chord azimuth and distance being: 175 34' 451.79 feet; -5- • • 45. 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 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 V. Kamamalu; 48. 88 19' 147.22 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 49. 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 80.00 feet, the direct chord azimuth and distance being: 108 28' 30" 55.14 feet; 50. 128° 38' 99.50 feet a long the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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- • • 1 52. 48° 38' 100.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to 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 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 V. Kamamalu; 55. 173° 48' 03" 286.34. feet along the East side of the Proposed Realignment of Alii 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 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 Alii 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 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 Alii 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 V. 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 V. 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 V. 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 V. Kamamalu; 9. 358° 19' 150.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. Kamamalu; 14. 355° 18' 622.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 15. 337° 47' 650.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 16.. 352° 00' 205.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 17. 4° 08' 166.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -9- 18. 353° 49' 43.46 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 19. 83° 49' 105.59 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 being: 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 V. Kamamalu; 22. 1 50' 32" 82.42 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; 23. Thence 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 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 Alii Highway, being a portion of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 25. 262° . 30' 146.74 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -10 • • 26. 293° 54' 249.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 27. 254° 28' 397.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 28. 173° 19' 92.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 29. 104° 45' 292.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 30. 180° 50' 160.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. 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 V. Kamamalu; 35. 189° 50' 90.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 36. 262° 09' 96:00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -11- • • 37. 191° 05' 145.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 40. 88° 05' 208.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 41. 148° 17' 429.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 42. 240° 26' 220.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 43. 210° 50' 110.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 44. 180° 11' 58.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. Kamamalu; 47. 199° 51' 248.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -12- 48. 173° 18' 200.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. Kamamalu; 51. 17 34' 135.63 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 52. 83° 48' 250.16 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 8,524.11 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 V. 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- r • • 3. 200° 00' 81.91 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamama lu; 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 V. Kamamalu; 5. 176° 52' 30" 389.68 feet along Kahaluu Tank Site No. 4, being also along remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 6. 122° 18' 208.29 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. Kamamalu; 9. 177° 02' 187.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 10. 184° 06' 246.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 11. 191° 37' 370.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6to V. Kamamalu; 12. 214° 23' 194.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -14- • 13. 223° 50' 120.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 14. 313° 50' 180.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 15. 272° 56' 155.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 16. 337° 07' 155.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 17. 247° 07' 300.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 18. 183° 41' 308.47 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 19. • 258° 06' 610.00 feet along the remainder of R.P. 6856, Z.C. Aw. 7713, Ap. 6 to V. 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- • r 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 containing 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): Beginning at the Southwest corner of this parcel of land, on 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, 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- 1. Thence 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, 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 Alii Highway, being a portion of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 3. 263° 50' 32" 300.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 V. Kamamalu; 6. 353° 49' 878.52 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 7. 96° 37' 119.75 feet along the remainder of R.F. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 8. 68° 50' 465.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -18- ; ! • 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 beginning 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 corner of this parcel of land, on 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, the coordinates of said point of beginning referred to Government Survey Triangulation 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 V. 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 V. Kamamalu; 4. 263° 18' 172.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 5. 353° 18' 200.00 feet along the remainder of R.P. , 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 6. 19° 51' 248.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 7. 344° 07' 81.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -19- • • 8. 288° 33' 219.00 feet along the remainder of R.P. 6856, L.C. . Aw. 7713, Ap. 6 to V. Kamamalu; 9. 0 11' 58.00 feet along the remainder, of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 10. 30 50' 110.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 11. 60° 26' 220.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 12. 328 17' 429.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 13. 268° 05' 208.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 14. 358° 05' 190.00. feet along the remainder of R.F. 6856, LC 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 V. Kamamalu; 16. 11° 05' 145.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 17. 82° 09' 96.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 18. 9° 50' 90.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; -20- P • 19. 47° 13' 57.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 20. 3° 30' 446.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 21. 329° 06' 366.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 22. 274° 10' 265.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 23. 0° 50' 160.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamama lu; 24. 284° 45' 292.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 25. 353° 19' 92.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 26. 74° 28' 397.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 27. 113° 54' 249.00 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. Kamamalu; 28. 82° 30' 146.74 feet along the remainder of R.P. 6856, L.C. Aw. 7713, Ap. 6 to V. 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 Alii 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 Alii 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 Alii 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 Alii 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- A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, its 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 in district classification(s) shall be the date on which the Planning Director has certified such assurances to be satisfactory. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water source(s) of sufficient quality and quantity can be established at the designated location(s). The actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Residential building permits shall not be issued until the approved water source is developed and its transmission and distribution system for such source. to the subject property has been constructed. Residential building permits may be issued for model home complexes, provided that such model homes will not be occupied until the approved water source is developed. 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 -23- determined in 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 in accordance with Chapter 25 Division 7 of the Zoning Code relating to Plan Approval. A master plan and development 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 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 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. -24- . 41110 • (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 right -of -way subdivision(s) for such roadway portion, the applicant shall dedicate such right -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. A roadway connection to the adjoining parcel of the subject property's northern boundary shall be provided meeting with the approval of the Department of Public Works and shall be delineated on the final subdivision plat map for the subject property. I. All roadways` within the proposed subdivision shall be constructed meeting with the requirements of Chapter 23, Subdivision Code. Roadway improvements within the proposed subdivision shall include curb, gutter and sidewalks. J. A drainage 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: 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, its 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. -25- 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 Housing and Community Development that the applicant's affordable housing requirements, if any, have been mutually agreed to prior to Final Subdivision Approval. M. An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval by the Planning Director in consultation with the Department of Land and Natural Resources - Historic Preservation Division (DLNR -HPD). Proposed mitigation treatment (preservation in place or disinterment/ reinternment) for burial sites within the subject property shall be approved by the Historic 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 submitted to the Planning Director for its files prior 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 Final Subdivision Approval. N. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in 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 it finds that sufficient mitigative measures have been taken. -26- • • • O. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or its increments. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements /facilities related to roads, park, fire, police and solid waste disposal facilities within the region impacted by the proposed development with the approval of the appropriate agency(ies). The cost of constructing the improvements required in Conditions F and G, the fair market value of land contributed pursuant to Condition G, and prior cash contributions toward the planning of the Alii Highway project, shall be credited against the road and traffic improvements. Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the easements of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -27- 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, 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 infrastructural improvements unless otherwise restricted herein. R. Comply . with applicable laws, rules, regulations and requirements of other 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. -28- 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for 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 hi 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: 71 .die C � CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 648 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -29- ' ..... 0 i DONALD IKEDA ■:' =- ALAN S. KONISHI County Clerk - Deputy County Clerk CONSTANCE R. KIRIU OFFICE OF THE COUNTY CLERK - Legislative Auditor County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 NOT1�" On Bill 186, reference is made to maps identified as Exhibit "A" which are attached thereto. Because of the large size of said exhibits, they are not 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, call 961 -8255. Donald Ikeda COUNTY CLERK