HomeMy WebLinkAboutBIL 115 Draft 01 2020-2022COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKŌ-ʻANAEHOʻOMALU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM OPEN (O), 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, HAWAI‛I, 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 HAWAI‘I:
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 “PUʻU HINAI” being 4,838.74 feet
North and 33,353.00 feet West and thence running by azimuths measured clockwise from True South:
Along Lot A of 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:
95º 16' 28'' 372.92 feet;
2. Thence on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:
132º 19' 17.5'' 27.74 feet;
3. 176º 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:
170º 19' 30'' 172.93 feet;
5. 164º 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:
179º 49' 15'' 403.75 feet;
7. 195º 13' 30'' 97.17 feet;
8. 275º 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. 44º 46' 278.34 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
10. 346º 12' 191.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
11. 21º 08' 129.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
12. 353º 15' 106.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
13. 315º 00' 476.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
14. 335º 42' 215.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
15. 43º 00' 219.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
16. 11º 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 “PUʻU HINAI” being 7,232.42
feet North and 32,849.12 feet West and thence running by azimuths measured clockwise from True South:
354º 24' 80.00 feet along Lot 6 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
8º 40' 76.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
29º 53' 78.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
4º 07' 109.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
37º 37' 100.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
77º 55' 95.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
90º 39' 125.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
8. 125º 13' 43.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
9. 179º 20' 59.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
10. 134º 58' 169.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
11. 139º 31' 105.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
12. 177º 44' 130.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
13. 158º 28' 23.78 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
14. 198º 46' 65.86 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
15. 288º 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;
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:
276º 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 “PUʻU HINAI” being 7,819.70
feet North and 29,422.45 feet West and thence running by azimuths measured clockwise from True South:
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:
59º 30' 10'' 27.43 feet;
16º 12' 375.33 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
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:
51º 51' 524.55 feet;
87º 30' 291.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
11º 00' 130.00 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
57º 31' 590.60 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
52º 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:
53º 31' 632.87 feet;
56º 00' 208.54 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
10. 167º 40' 40.54 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
11. 144º 43' 445.11 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
12. 160º 40' 371.98 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
13. 233º 12' 68.88 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
14. 317º 56' 517.89 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
15. 309º 40' 360.70 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
16. 269º 35' 68.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
17. 231º 40' 247.66 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
18. 210º 23' 134.82 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
19. 153º 05' 273.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
20. 141º 55' 317.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
21. 259º 45' 590.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
22. 224º 26' 233.24 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
23. 221º 02' 466.65 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
24. 272º 55' 152.57 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
25. 237º 40' 116.76 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
26. 282º 46' 26.28 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
27. 331º 29' 48.37 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
28. 310º 39' 33.76 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
29. 256º 35' 40.98 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
30. 228º 07' 48.72 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
31. 238º 42' 49.72 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
32. 275º 54' 49.77 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
33. 288º 52' 49.26 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
34. 254º 13' 45.05 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
35. 276º 16' 117.27 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
36. 267º 30' 333.53 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
37. 223º 05' 320.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
38. 188º 20' 88.00 feet along Lot A of Waikoloa Beach Resort – King’s Course Subdivision No. 2 (File Plan 2462);
39. 286º 12' 13.34 feet along Lot 5 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
40. 196º 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:
152º 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:
286º 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 “PUʻU HINAI” being 7,819.70 feet
North and 29,422.45 feet West and thence running by azimuths measured clockwise from True South:
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:
279º 18' 45'' 90.17 feet;
55º 38' 170.56 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
196º 12' 100.96 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
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:
239º 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 “PUʻU HINAI” being 4,859.43
feet North and 33,907.85 feet West and thence running by azimuths measured clockwise from True South:
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:
183º 43' 40'' 502.66 feet;
344º 25' 15.11 feet;
Thence on a curve to the right with a radius of 760.00 feet, the chord azimuth and distance being:
350º 19' 30'' 156.46 feet;
356º 14' 306.32 feet;
Thence on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:
40º 31' 06'' 27.93 feet;
84º 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 “PUʻU HINAI” being 4,308.92 feet
North and 33,786.00 feet West and thence running by azimuths measured clockwise from True South:
115º 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;
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:
102º 00' 47'' 485.37 feet;
88º 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;
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:
89º 33' 33'' 38.52 feet;
180º 44' 11.95 feet along Lot 2 of Waikoloa Beach Resort – Golf Villas Subdivision (File Plan 2376);
264º 48' 12'' 1,172.28 feet along Lot 2 of Waikoloa Beach Resort – Golf Villas Subdivision (File Plan 2376);
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:
203º 54' 06'' 22.89 feet;
8. 264º 48' 12'' 65.28 feet;
Thence on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being:
220º 31' 06'' 27.93 feet;
10. 176º 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:
170º 19' 30'' 156.46 feet;
12. 164º 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);
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:
179º 49' 15'' 446.25 feet;
14. 285º 13' 30'' 70.00 feet along Lot 8 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
15. 195º 13' 30'' 95.49 feet along Lot 8 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
16. 275º 42' 10.13 feet along Lot 8 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
17. 15º 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:
359º 49' 15'' 403.75 feet;
19. 344º 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:
350º 19' 30'' 172.93 feet;
21. 356º 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:
312º 19' 17.5'' 27.74 feet;
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:
275º 16' 28'' 372.92 feet;
24. 191º 10' 62.65 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
25. 223º 00' 219.00 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
26. 155º 42' 215.00 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
27. 135º 00' 476.00 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
28. 173º 15' 106.00 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
29. 201º 08' 129.00 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
30. 166º 12' 191.00 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
31. 224º 46' 278.34 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
32. 95º 42' 435.88 feet along Lot B of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
33. 195º 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:
178º 41' 45'' 307.26 feet;
35. 162º 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:
184º 42' 30'' 352.69 feet;
37. 207º 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:
248º 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:
289º 25' 24.4'' 46.77 feet;
40. 288º 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. 18º 46' 65.86 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
42. 338º 28' 23.78 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
357º 44' 130.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
319º 31' 105.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
314º 58' 169.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
359º 20' 59.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
305º 13' 43.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
270º 39' 125.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
257º 55' 95.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
217º 37' 100.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
184º 07' 72.00 feet along Lot 7 of Waikoloa Beach Resort – King’s Golf Course Subdivision (File Plan 2424);
52. 303º 21' 404.58 feet;
53. 273º 47' 569.52 feet;
54. 250º 08' 151.36 feet;
55. 244º 33' 457.04 feet;
56. 227º 29' 48.22 feet;
57. 209º 46' 32.81 feet;
58. 264º 41' 40.10 feet;
59. 241º 08' 41.49 feet;
60. 222º 26' 550.70 feet;
61. 203º 09' 69.96 feet;
62. 179º 26' 33.14 feet;
63. 223º 41' 14.22 feet;
64. 294º 43' 195.09 feet;
65. 272º 30' 388.79 feet;
66. 280º 42' 534.25 feet;
67. 317º 06' 94.21 feet;
68. 43º 05' 122.02 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
69. 87º 30' 333.53 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
70. 96º 16' 117.27 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
71. 74º 13' 45.05 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
72. 108º 52' 49.26 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
73. 95º 54' 49.77 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
74. 58º 42' 49.72 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
75. 48º 07' 48.72 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
76. 76º 35' 40.98 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
77. 130º 39' 33.76 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
78. 151º 29' 48.37 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
79. 102º 46' 26.28 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
80. 57º 40' 116.76 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
81. 92º 55' 152.57 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
82. 41º 02' 466.65 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
83. 44º 26' 233.24 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
84. 79º 45' 590.00 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
85. 321º 55' 317.00 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
86. 333º 05' 273.00 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
87. 30º 23' 134.82 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
88. 51º 40' 247.66 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
89. 89º 35' 68.00 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
90. 129º 40' 360.70 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
91. 137º 56' 517.89 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
92. 53º 12' 68.88 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
93. 340º 40' 371.98 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
94. 324º 43' 445.11 feet along Lot B of Waikoloa Beach Resort – King’s Course Resubdivision No. 2 (File Plan 2462);
95. 347º 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. 31º 50' 366.00 feet along Lot A of Waikoloa Beach 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. 131º 50' 95.77 feet along Lot A of Waikoloa Beach Resort – RM-6 Subdivision (File Plan 2457);
99. 52º 20' 229.00 feet;
100. 322º 20' 25.00 feet;
101. 51º 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:
Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or
Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to:
Protection of the public from the potentially deleterious effects of the proposed use, or
Fulfillment of the need for public service demands created by the proposed use.
The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for complying with all of the stated conditions of approval.
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.
This project area shall be called the Kumu Hou Project District.
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.
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.
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.
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.
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.
The following design standards shall apply:
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.
The height limit for structures within the project shall not exceed the following:
Multiple-Family Residential Development: forty-five (45) feet.
Commercial, community use facilities, operation support facilities, and golf course support facilities: thirty (30) feet.
The minimum building site area in the Kumu Hou Project District shall be fifteen thousand square feet.
The minimum yards (setback) shall be as follows:
Multiple-Family Residential Development:
Front and rear yards: twenty feet; and
Side yards: eight feet for a one-story building, plus an additional two feet for each additional story.
Commercial Development, Community Uses, Golf Support Facilities and Support Service Facilities:
Front and rear yards: fifteen feet; and
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.
I. All project utilities shall be underground.
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
appropriate governmental agencies prior to issuance of a building permit for any use in the Kumu Hou Project District.
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.
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.
The interior roadway requirements for the Kumu Hou Project District may be designed to resort standards as allowed by the Subdivision Code.
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.
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.
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.
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai‘i County Code.
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.
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.
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.
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.
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
preservation measures shall be in place prior to the initiation of any construction or land disturbance activity in the project area.
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.
Pursuant to Hawaiʻi 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.
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.army.mil.
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
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.
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:
$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;
$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;
$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;
$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
$4,075.63 per multiple family residential unit or 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.
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.
Comply with all other applicable County, State and Federal laws, rules, regulations, and requirements.
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
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.
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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: