HomeMy WebLinkAboutBIL 115 Draft 01 2020-2022 •
COUNTY OF HAWAII •=Nk- 'vlft_# STATE OF HAWAII
•
BILL NO. 115
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKO-`ANAEHO`OMALU ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN (0), MULTIPLE-FAMILY RESIDENTIAL (RM-4), MULTIPLE-FAMILY
RESIDENTIAL (RM-6), MULTIPLE-FAMILY RESIDENTIAL (RM-8) AND VILLAGE-
COMMERCIAL (CV-10) TO PROJECT DISTRICT (PD) AT WAIKOLOA, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-9-008: POR. 013, 022, 025, POR.
029 AND 033.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-13, Article 8, Chapter 25 (Zoning) of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waikoloa, South
Kohala, Hawai`i, shall be Project District (PD):
AREA 1
Beginning at the Southeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"
being 4,838.74 feet North and 33,353.00 feet West and thence running by azimuths
measured clockwise from True South:
1. Along Lot A o_f_Waikoloa Beach_Resort—RM-6 Subdivision(File Plan_2457), on
a curve to the left with a radius of
1,560.00 feet, the chord azimuth and
distance being:
95° 16' 28" 372.92 feet;
-1-
2. Thence on a curve to the right with a radius of 20.00 feet, the chord azimuth and
distance being:
132° 19' 17.5" 27.74 feet;
3. 176° 14' 306.45 feet;
4. Thence on a curve to the left with a radius of 840.00 feet, the chord azimuth and
distance being:
170° 19' 30" 172.93 feet;
5. 164° 25' 394.94 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
6. Thence on a curve to the right with a radius of 760.00 feet, the chord azimuth and
distance being:
g
179° 49' 15" 403.75 feet;
7. 195° 13' 30" 97.17 feet;
8. 275° 42' 446.03 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424) and Lot
A of Waikoloa Beach Resort—
King's Course Resubdivision No. 2
(File Plan 2462);
9. 44° 46' 278.34 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
10. 346° 12' 191.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
11. 21° 08' 129.00 feet along Lot A of Waikoloa-Beach
Resort—RM-6 Subdivision(File
Plan 2457);
12. 353° 15' 106.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
-2-
13. 315° 00' 476.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
14. 335° 42' 215.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
15. 43° 00' 219.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
16. 11° 10' 62.65 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457) to the point of beginning
and containing an area of 12.027
Acres.
AREA 2
Beginning at the Northeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"
being 7,232.42 feet North and 32,849.12 feet West and thence running by azimuths
measured clockwise from True South:
1. 354° 24' 80.00 feet along Lot 6 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
2. 8° 40' 76.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
3. 29° 53' 78.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
4. 4° 07' 109.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
-3-
5. 37° 37' 100.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
6. 77° 55' 95.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No.2 (File Plan 2462);
7. 90° 39' 125.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
8. 125° 13' 43.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
9. 179° 20' 59.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
10. 134° 58' 169.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
11. 139° 31' 105.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
12. 177° 44' 130.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
13. 158° 28' 23.78 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
14. 198° 46' _65.86 feet along Lot A of Waikoloa Beach _
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
15. 288° 46' 27.00 feet along Lot 13 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424), same
being the South side of Waikoloa
Beach Drive;
-4-
16. Thence along Lot 13 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), same being the
South side of Waikoloa Beach Drive,
on a curve to the left with a radius of
1,240.00 feet, the chord azimuth and
distance being:
276° 35' 523.38 feet
to the point of beginning and
containing an area of 4.505 Acres.
AREA 3
Beginning at the Northeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"
being 7,819.70 feet North and 29,422.45 feet West and thence running by azimuths
measured clockwise from True South:
1. Along Lot A of Waikoloa Beach Resort—RM-6 Subdivision(File Plan 2457), on
a curve to the left with a radius of
20.00 feet, the chord azimuth and
distance being:
59° 30' 10" 27.43 feet;
2. 16° 12' 375.33 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
3. Thence along Lot A of Waikoloa Beach Resort—RM-6 Subdivision(File Plan
2457), on a curve to the right with a
radius of 450.00 feet, the chord
azimuth and distance being:
51° 51' 524.55 feet;
4. 87° 30' 291.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
-5-
5. 11° 00' 130.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
6. 57° 31' 590.60 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
7. 52° 23' 949.21 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
8. Thence along Lot A of Waikoloa Beach Resort—RM-6 Subdivision(File Plan
2457), on a curve to the right with a
radius of 450.00 feet, the chord
azimuth and distance being:
53° 31' 632.87 feet;
9. 56° 00' 208.54 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
10. 167° 40' 40.54 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
11. 144° 43' 445.11 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
12. 160° 40' 371.98 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
13. 233° 12' 68.88 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
14. 317° 56' 517.89 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
-6-
15. 309° 40' 360.70 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
16. 269° 35' 68.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
17. 231° 40' 247.66 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
18. 210° 23' 134.82 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
19. 153° 05' 273.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
20. 141° 55' 317.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
21. 259° 45' 590.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
22. 224° 26' 233.24 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
23. 221° 02' 466.65 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
24. 272° 55' 152.57 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
25. 237° 40' 116.76 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
-7-
26. 282° 46' 26.28 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
27. 331° 29' 48.37 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
28. 310° 39' 33.76 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
29. 256° 35' 40.98 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
30. 228° 07' 48.72 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
31. 238° 42' 49.72 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
32. 275° 54' 49.77 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
33. 288° 52' 49.26 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
34. 254° 13' 45.05 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
35. 276° 16' 117.27 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
36. 267° 30' 333.53 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
-8-
37. 223° 05' 320.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
38. 188° 20' 88.00 feet along Lot A of Waikoloa Beach
Resort—King's Course Subdivision
No. 2 (File Plan 2462);
39. 286° 12' 13.34 feet along Lot 5 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
40. 196° 12' 310.85 feet along Lot 5 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
41. Thence along Lot 5 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
left with a radius of 20.00 feet, the
chord azimuth and distance being:
152° 53' 50" 27.43 feet;
42. Thence along Lot 13 of Waikoloa Beach Resort—King's Golf Course
Subdivision (File Plan 2424), same
being the South side of Waikoloa
Beach Drive, on a curve to the left
with a radius of 740.00 feet, the
chord azimuth and distance being:
286° 12' 87.63 feet
to the point of beginning and
containing an area of 21.720 Acres.
AREA 4
Beginning at the North corner of this parcel of land, the coordinates of said point
of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being
7,819.70 feet North and 29,422.45 feet West and thence running by azimuths measured
clockwise from True South:
-9-
1. Along Lot 13 of Waikoloa Beach Resort—King's Golf Course Subdivision(File
Plan 2424), same being the South
side of Waikoloa Beach Drive, on a
curve to the left with a radius of
740.00 feet, the chord azimuth and
distance being:
279° 18' 45" 90.17 feet;
2. 55° 38' 170.56 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
3. 196° 12' 100.96 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
4. Thence along Lot B of Waikoloa Beach Resort—King's Course Resubdivision
No. 2 (File Plan 2462), on a curve to
the right with a radius of 20.00 feet,
the chord azimuth and distance
being:
239° 30' 10" 27.43 feet
to the point of beginning and
containing an area of 0.144 Acres.
AREA 5
Beginning at the Southwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station"PU`U HINAI"
being 4,859.43 feet North and 33,907.85 feet West and thence running by azimuths
measured clockwise from True South:
1. Along Lot 2 of Waikoloa Beach Resort—Golf Villas Subdivision(File Plan
2376), on a curve to the left with a
radius of 760.00 feet, the chord
azimuth and distance being:
183° 43' 40" 502.66 feet;
2. 344° 25' 15.11 feet;
-10-
3. Thence on a curve to the right with a radius of 760.00 feet, the chord azimuth and
distance being:
350° 19' 30" 156.46 feet;
4. 356° 14' 306.32 feet;
5. Thence on a curve to the right with a radius of 20.00 feet, the chord azimuth and
distance being:
40° 31' 06" 27.93 feet;
6. 84° 48' 12" 65.28 feet to the point of beginning and
containing an area of 0.235 Acres.
AREA 6
Beginning at the South corner of this parcel of land, the coordinates of said point
of beginning referred to Government Survey Triangulation Station"PU`U HINAI"being
4,308.92 feet North and 33,786.00 feet West and thence running by azimuths measured
clockwise from True South:
1. 115° 38' 28" 726.58 feet along Lot R-1 of Waikoloa
Parcel 4 Subdivision No. 3 (File Plan
1712), same being the North side of
Waikoloa Beach Drive;
2. Thence along Lot R-1 of Waikoloa Parcel 4 Subdivision No. 3 (File Plan 1712),
same being the North side of
Waikoloa Beach Drive, on a curve to
the left with a radius of 1,030.00
feet, the chord azimuth and distance
being:
102° 00' 47" 485.37 feet;
3. 88° 23' 06" 130.49 feet along Lot R-1 of Waikoloa
Parcel 4 Subdivision No. 3 (File Plan
1712), same being the North side of
Waikoloa Beach Drive;
-11-
4. Thence along Lot R-1 of Waikoloa Parcel 4 Subdivision No. 3 (File Plan 1712),
same being the North side of
Waikoloa Beach Drive, on a curve to
the right with a radius of 940.00 feet,
the chord azimuth and distance
being:
89° 33' 33" 38.52 feet;
5. 180° 44' 11.95 feet along Lot 2 of Waikoloa Beach
Resort—Golf Villas Subdivision
(File Plan 2376);
6. 264° 48' 12" 1,172.28 feet along Lot 2 of Waikoloa Beach
Resort—Golf Villas Subdivision
(File Plan 2376);
7. Thence along Lot 2 of Waikoloa Beach Resort—Golf Villas Subdivision(File
Plan 2376), on a curve to the left
with a radius of 760.00 feet, the
chord azimuth and distance being:
203° 54' 06" 22.89 feet;
8. 264° 48' 12" 65.28 feet;
9. Thence on a curve to the left with a radius of 20.00 feet, the chord azimuth and
distance being:
220° 31' 06" 27.93 feet;
10. 176° 14' 306.32 feet;
11. Thence on a curve to the left with a radius of 760.00 feet, the chord azimuth and
distance being:
170° 19' 30" 156.46 feet;
12. 164° 25' 394.94 feet along Lot 2 of Waikoloa Beach
Resort—Golf Villas Subdivision
(File Plan 2376) and Lot 3 of
Waikoloa Parcel 4 Subdivision No. 3
(File Plan 1712);
-12-
13. Thence along Lots 3 and 4 of Waikoloa Parcel 4 Subdivision No. 3 (File Plan
1712), on a curve to the right with a
radius of 840.00 feet, the chord
azimuth and distance being:
179° 49' 15" 446.25 feet;
14. 285° 13' 30" 70.00 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
15. 195° 13' 30" 95.49 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
16. 275° 42' 10.13 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
17. 15° 13' 30" 97.17 feet;
18. Thence on a curve to the left with a radius of 760.00 feet, the chord azimuth and
distance being:
359° 49' 15" 403.75 feet;
19. 344° 25' 394.94 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
20. Thence on a curve to the right with a radius of 840.00 feet, the chord azimuth and
distance being:
350° 19' 30" 172.93 feet;
21. 356° 14' 306.45 feet;
22. Thence on a curve to the left with a radius of 20.00 feet, the chord azimuth and
distance being:
g
312° 19' 17.5" 27.74 feet;
-13-
23. Thence along Lot B of Waikoloa Beach Resort—RM-6 Subdivision(File Plan
2457), on a curve to the right with a
radius of 1,560.00 feet, the chord
azimuth and distance being:
275° 16' 28" 372.92 feet;
24. 191° 10' 62.65 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
223° 00' II
25. 219.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
26. 155° 42' 215.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
27. 135° 00' 476.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
28. 173° 15' 106.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
29. 201° 08' 129.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
30. 166° 12' 191.00 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
31. 224° 46' 278.34 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
32. 95° 42' 435.88 feet along Lot B of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
-14-
•
33. 195° 13' 30" 54.03 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
34. Thence along Lot 8 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
left with a radius of 540.00 feet, the
chord azimuth and distance being:
178° 41' 45" 307.26 feet;
35. 162° 10' 140.67 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
36. Thence along Lot 8 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
right with a radius of 460.00 feet, the
chord azimuth and distance being:
184° 42' 30" 352.69 feet;
37. 207° 15' 341.29 feet along Lot 8 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
38. Thence along Lot 8 of Waikoloa Beach Resort—King's Golf Course Subdivision
(File Plan 2424), on a curve to the
right with a radius of 20.00 feet, the
chord azimuth and distance being:
248° 39' 54.4" 26.46 feet;
39. Thence along Lot 13 of Waikoloa Beach Resort—King's Golf Course
Subdivision(File Plan 2424), same
being the South side of Waikoloa
Beach Drive, on a curve to the left
with a radius of 2,040.00 feet, the
chord azimuth and distance being:
289° 25' 24.4" 46.77 feet;
-15-
40. 288° 46' 267.31 feet along Lot 13 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424), same
being the South side of Waikoloa
Beach Drive;
41. 18° 46' 65.86 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
42. 338° 28' 23.78 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
43. 357° 44' 130.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
44. 319° 31' 105.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
45. 314° 58' 169.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
46. 359° 20' 59.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
47. 305° 13' 43.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
48. 270° 39' 125.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
49. 257° 55' 95.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision (File Plan 2424);
50. 217° 37' 100.00 feet along Lot 7 of Waikoloa Beach
Resort—King's Golf Course
Subdivision(File Plan 2424);
-16-
51. 184° 07' 72.00 feet along Lot 7 of Waikoloa Beach
Resort-King's Golf Course
Subdivision(File Plan 2424);
52. 303° 21' 404.58 feet;
53. 273° 47' 569.52 feet;
54. 250° 08' 151.36 feet;
55. 244° 33' 457.04 feet;
56. 227° 29' 48.22 feet;
57. 209° 46' 32.81 feet;
58. 264° 41' 40.10 feet;
59. 241° 08' 41.49 feet;
60. 222° 26' 550.70 feet;
61. 203° 09' 69.96 feet;
62. 179° 26' 33.14 feet;
63. 223° 41' 14.22 feet;
64. 294° 43' 195.09 feet;
65. 272° 30' 388.79 feet;
66. 280° 42' 534.25 feet;
67. 317° 06' 94.21 feet;
68. 43° 05' 122.02 feet along Lot B of Waikoloa Beach
Resort-King's Course
Resubdivision No. 2 (File Plan
2462);
-17-
69. 87° 30' 333.53 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
70. 96° 16' 117.27 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
71. 74° 13' 45.05 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
72. 108° 52' 49.26 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
73. 95° 54' 49.77 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
74. 58° 42' 49.72 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
75. 48° 07' 48.72 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
76. 76° 35' 40.98 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
77. 130° 39' 33.76 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
-18-
78. 151° 29' 48.37 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
79. 102° 46' 26.28 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
80. 57° 40' 116.76 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
81. 92° 55' 152.57 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
82. 41° 02' 466.65 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
83. 44° 26' 233.24 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
84. 79° 45' 590.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
85. 321° 55' 317.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
86. 333° 05' 273.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
-19-
87. 30° 23' 134.82 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
88. 51° 40' 247.66 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
89. 89° 35' 68.00 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
90. 129° 40' 360.70 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
91. 137° 56' 517.89 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
92. 53° 12' 68.88 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
93. 340° 40' 371.98 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
94. 324° 43' 445.11 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan
2462);
-20-
95. 347° 40' 70.51 feet along Lot B of Waikoloa Beach
Resort—King's Course
Resubdivision No. 2 (File Plan 2462)
and Lot A of Waikoloa Beach Resort
—RM-6 Subdivision (File Plan
2457);
96. 31° 50'
366.00 feet alongLot A of Waikoloa Beach
III
Resort—RM-6 Subdivision (File
Plan 2457);
97. 80O 30' 90.00 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision (File
Plan 2457);
98. 131° 50' 95.77 feet along Lot A of Waikoloa Beach
Resort—RM-6 Subdivision(File
Plan 2457);
99. 52° 20' 229.00 feet;
100. 322° 20' 25.00 feet;
101. 51° 57' 1,349.39 feet to the point of beginning and
containing an area of 95.191 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
-21-
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for
complying with all of the stated conditions of approval.
B. The Applicant shall comply with all conditions of the State Land Use Decision
and Order(Docket No. A89-637) or any amendments thereto and the concurrent
SMA Use Permit.
C. This project area shall be called the Kumu Hou Project District.
D. The Kumu Hou Project District shall consist of not more than 133.822 acres of
land for multiple-family residential, commercial uses, community uses, golf
support facilities, support service facilities, open space and recreational areas,
pedestrian pathways and bikeways, and ancillary related improvements.
E. The maximum number of multiple-family residential timeshare units allowed
shall be 900 units. Any increase in the number of units shall require an
amendment to the Kumu Hou Project District Ordinance.
F. A minimum of 20.8 acres (including 17.8 acres of renaturalized lava) throughout
the Kumu Hou Project District, shall be set aside for open space and recreational
uses, which includes a minimum of three (3) acres of improved areas including
parks, trails, and the like, as represented in the Applicant's conceptual plans. As
represented by the Applicant, construction of the proposed gateway parks and
public access pathways shall be completed no later than issuance of the first
occupancy permit for the first multiple-family residential structure.
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G. The following permitted uses are to be allowed in the Kumu Hou Project District
within the 133.822-acre development area:
1. Amusement and recreation facilities, indoor.
2. Art galleries, museums.
3. Automobile service stations.
4. Bars.
5. Business services.
6. Churches, temples, and synagogues.
7. Day care centers.
8. Convenience stores.
9. Community buildings.
10. Display for products sold elsewhere.
11. Dwellings, single-family.
12. Dwellings, double-family or duplex.
13. Dwellings, multiple-family.
14. Farmers Market.
15. Financial institutions.
16. Golf courses and related golf course uses, including golf driving ranges,
golf maintenance buildings and golf club houses.
17. Home Occupations as permitted within Section 25-4-13 of the Zoning
Code.
18. Major outdoor amusement and recreation facilities.
19. Medical clinics.
20. Meeting facilities.
21. Model homes.
22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and
similar neighborhood recreational areas and uses.
23. Offices.
24. Personal services.
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25. Photography studios.
26. Public and private utility uses and structures.
27. Real estate sales offices.
28. Restaurants.
29. Retail establishments.
30. Schools.
31. Security gates and security stations.
32. Spa and Fitness clubs.
33. Telecommunication antennas and towers as permitted under
Section 25-4-12 of the Zoning Code.
34. Theaters.
35. Time share units, including units with fractional ownership and short
term vacation rental units.
36. Utility substations, wastewater treatment plants, landscaping, and plant
nurseries, and vehicle maintenance service yards.
37. Visitor information center.
38. Any uses similar in nature to the above permitted uses shall be permitted
upon submittal of a request by the Applicant and approved by the
Planning Director.
39. Buildings and uses normally considered directly accessory to the uses
permitted in this section shall also be permitted.
H. The following design standards shall apply:
1. Landscaping for the development shall comply with the Zoning Code and
Planning Department's Rule No. 17, Landscaping Requirements, and the
overall landscaping plan for the Waikoloa Beach Resort, as amended.
2. The height limit for structures within the project shall not exceed the
following:
-24-
a. Multiple-Family Residential Development: forty-five (45) feet.
b. Commercial, community use facilities, operation support facilities,
and golf course support facilities: thirty (30) feet.
3. The minimum building site area in the Kumu Hou Project District shall be
fifteen thousand square feet.
4. The minimum yards (setback) shall be as follows:
a. Multiple-Family Residential Development:
(1) Front and rear yards: twenty feet; and
(2) Side yards: eight feet for a one-story building, plus an
additional two feet for each additional story.
b. Commercial Development, Community Uses, Golf Support
Facilities and Support Service Facilities:
(1) Front and rear yards: fifteen feet; and
(2) Side yards: none, except where the side yard adjoins the
side yard of a building site used for purposes allowed in RS
or RM zones, the yard setback appropriate for the RS or
RM district shall be used.
5. The minimum off-street parking and loading space requirements for the
Kumu Hou Project District will comply with the minimum standards as
required by the Zoning Code, including compliance with the American
Disabilities Act (ADA) requirements.
All project utilities shall be underground.
J. The Applicant shall secure necessary potable water from the Waikoloa Water
System through the execution of an extension agreement and payment of a
Contribution in Aid of Construction fee and meeting with the standards of the
-25-
appropriate governmental agencies prior to issuance of a building permit for any
use in the Kumu Hou Project District.
K. All residential, commercial, community use facilities, golf course support
facilities and timeshare operations facilities shall connect to the Waikoloa Beach
Resort Wastewater Treatment Plant, meeting with the approval of the appropriate
governmental agencies. As represented by the Applicant, all development related
wastewater shall be treated to an R-1 (tertiary) water quality standard and shall be
used for irrigation of landscaping or other beneficial reuse to the maximum extent
feasible.
L. Puakala Place shall be extended to the adjacent property to the north within the
existing right-of-way easement, which may be adjusted to accommodate
topographic or development requirements. This minimum resort standard road
shall be constructed meeting with the approval of the Department of Public Works
and in conjunction with any development within the area requiring access from
Puakala Place,but in any event no later than completion of a road on the adjacent
property to the north or prior to issuance of a certificate of occupancy of any unit
within the Kumu Hou at Waikoloa project. Said roadway, upon completion, shall
be available for public use.
M. The interior roadway requirements for the Kumu Hou Project District may be
designed to resort standards as allowed by the Subdivision Code.
N. The Applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
-26-
O. An updated Traffic Impact Assessment Report(TIAR) shall be submitted to the
Planning Department for review and approval prior to issuance of Site Plan
Approval for the 400th multiple-family residential unit within the Kumu Hou
Project District. The TIAR shall include prior consultation with the State
Department of Transportation, which shall so be noted in the TIAR. Upon receipt
of the TIAR,the Planning Department shall submit it to the State Department of
Transportation and the County Department of Public Works for a maximum 90-
day review and comment period. Within 150 days of receipt of the TIAR, the
Planning Department shall complete its review, comment, and decision regarding
acceptance of the TIAR. The TIAR shall recommend any appropriate traffic
mitigation measures; provided, however, that any suggested off-site traffic
mitigation measures shall be based on an implementable pro-rata approach, with
appropriate credits being given for existing,prior, or future off-site infrastructure
improvements. In the event the mitigation requires pro-rata contributions, and the
State Department of Transportation is unable to provide a legally acceptable and
equitable pro-rata program within 180 days of acceptance of the TIAR, to avoid
double assessment and assure the timely processing of construction permits,
payment of the fair share funds to support road and traffic improvements, as
required under Condition Y of this ordinance, shall be deemed to have satisfied by
this requirement.
P. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works for
review and approval prior to issuance of Site Plan Approval for any phase of the
project. Any recommended drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to
receipt of a Certificate of Occupancy for any structure.
-27-
Q. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code.
R. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
S. The Applicant shall comply with the State Department of Health's regulations and
rules related to, but not limited to, Underground Injection Systems, Air Pollution,
Food Establishment Sanitation, Water Quality, and Community Noise.
T. A Solid Waste Management Plan shall be prepared and submitted to the
Department of Environmental Management for review and approval prior to the
issuance of Site Plan Approval for any phase of the development.
U. Approval of an archaeological inventory survey of the Kumu Hou Project District
area shall be secured from the Department of Land and Natural Resources - State
Historic Preservation Division (DLNR-SHPD)prior to issuance of Site Plan
Approval for any phase of the development.
V. Approval of an archaeological preservation plan addressing the preservation of
Sites 26871 and 26873 and portions of Site 31230 as well as maintenance
agreements and updated preservation treatments along a portion of the Ala Loa
(Forerunner)trail in proximity to "Area A" of the Kumu Hou at Waikoloa project
or as otherwise may be required by an approved AIS, shall be secured from the
Department of Land and Natural Resources - State Historic Preservation Division
(DLNR-SHPD)prior to issuance of Site Plan Approval for any phase of the
development. Approved buffer areas shall be depicted on any site plans for Site
Plan Approval, subdivision approval, or other land alteration permits. Interim
-28-
preservation measures shall be in place prior to the initiation of any construction
or land disturbance activity in the project area.
W. In the event that surface or subsurface historic resources, including human
skeletal remains,structural remains (e.g., rock walls, terraces,-platforms;etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-_
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
X. Pursuant to Hawai`i County Code, Section 25-2-46(o) (Concurrency
Requirements) the Applicant shall provide a Civil Defense siren and associated
maintenance access easements within the project area as required by the State
Civil Defense prior to issuance of Certificate of Occupancy for any structure
within the Kumu Hou Project District project area.
Y. The subject property is identified as a Formerly Used Defense Site (FUDS)by the
U.S. Army Corps of Engineers, who will manage the investigation, clean-up and
long-term monitoring on lands formerly used as an artillery firing range. For
more information, please contact Honolulu District Public Affairs, US Army
Corps of Engineers 808-835-4004/4002,
http://www.poh.usace.army.mil/Missions/Environmental/FUDS.aspx or
www.poh.usace.ariny.mil.
Z. As represented by the Applicant, the Applicant shall cause the development of a
minimum of 140 units of workforce housing on a property identified by TMK: 6-
9-008:032 in accordance with mutually agreeable terms between the Applicant
and the County Office of Housing and Community Development. The terms shall
-29-
be established in a workforce housing agreement and shall include the Applicant's
infrastructure construction and land conveyance obligations and operational
considerations such as tenant income and other eligibility criteria. An occupancy
permit for the first phase of the workforce housing project shall be obtained no
later than issuance of an occupancy permit for--any time-share-unit within the area
covered by this ordinance.
AA. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Site Plan Approval for each project
phase and shall be based on the actual number of additional residential units
(inclusive of time share units) or lots created. 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 (3) years after the effective date of this ordinance,based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution
shall have a combined value of$9,662.28 per multiple family residential unit or
lot ($15,057.57 per single family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit or lot (single family residential unit or lot) shall be
allocated as follows:
1. - - $4,766.13 per multiple family residential unit or lot ($7,261.03 per single
family residential unit or lot) to the County to__support park and
recreational improvements and facilities;
2. $150.63 per multiple family residential unit or lot ($350.27 per single
family residential unit or lot) to the County to support police facilities;
-30-
3. $463.37 per multiple family residential unit or lot ($691.83 per single
family residential unit or lot) to the County to support fire facilities;
4. $206.52 per multiple family residential unit or lot($302.89 per single
family residential unit or lot) to the County to support solid waste
facilities; and
5. $4,075.63 per multiple family residentialunitor lot ($6,451.55 per single
family residential unit or lot) to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the Applicant may contribute land
and/or construct 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 review and recommendation of the Planning
Director,upon consultation with the appropriate agencies and approval of the
County Council.
BB. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
CC. Comply with all other applicable County, State and Federal laws, rules,
regulations, and requirements.
DD. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report
shall include,but not be limited to, the status of the development and the extent to
-31-
which the conditions of approval are being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisfied and the
Planning Director acknowledges that further reports are not required.
EE. Should any of the-conditions not be met or substantially complied with the-
Planning Director may initiate rezoning of the subject area to its original or more
appropriate designation.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
pp �
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY.
CO "' L MEMBER COUNTY OF131p
AWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 601
-32-
-------- OEA2PEN VA-
---7644,
/// A-5a � PEN I ,
AROPEN RM-6
VILLAGE-COMMERCIAL(CV-10) ' 1� RM-8 AREA 6
TO O'
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1�4.505 ACRES - OPEN(0)
,� A5a
_ `M-3 , PROJECT DISTRICT(PD)
OPEN 95.191 ACRES OPEN
.� AREA 1 /� OPEN
MULTIPLE-FAMILY RESIDENTIAL(RM-6) RM-8 RM-6 7,819.70'N
TO 29,422.45'W
PROJECT DISTRICT(PD) 0
RM-6 "PUU HINAI"
J 12.027 ACRES OPEN RM-6
7 232.42'N
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AREA 4
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PROJECTE-RESIDISTRICT(PD)
21.720:Ds CTE ES
4,308.92'N
33,786.00'W AREA 5
"PUU H/NA!" OPEN
MULTIPLE-FAMILY RESIIDENTIALT (RM-4)
TO
RM-6 O4-o�a PROJ 0 235 ACRES (PD) A-5Q
OPEN A-5a
Feet
0 1,000 2,000 3,000 4,000 5,000 6,000
III
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-13 (PUAKO-ANAEHOOMALU ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
OPEN (0), MULTIPLE-FAMILY RESIDENTIAL (RM-4), MULTIPLE-FAMILY RESIDENTIAL (RM-6),
MULTIPLE-FAMILY RESIDENTIAL (RM-8) and VILLAGE-COMMERCIAL (CV-10) TO
PROJECT DISTRICT (PD)
AT WAIKOLOA, SOUTH KOHALA,
MAP PREPARED BY: HAWAII
MK:(3)6-9-008:par 13,22,
5,par.29 and 33 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:January 6,2022
XHIBIT"A" Waikoloa Land Co. AB
Map:- 142rea9