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COUNTY OF HAWAII =•
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STATE OF HAWAPI
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAPI
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL -1 ACRE (A-1 a) TO SINGLE FAMILY
RESIDENTIAL-10,000 SQUARE FEET (RS-10) AT `OULI, SOUTH KOHALA, HAWAI`I,
COVERED BY TAX MAP KEY: 6-2-001: 075 (POR.).
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SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning) of the Hawaii 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 Ouli, South Kohala,
Hawaii, shall be Single Family Residential—10,000 Square Feet. (RS-10)
PROJECT LOT 1
Beginning at the Northwest corner of this parcel of land, the direct azimuth and
distance to the Northeast corner of Lot 6 being 116' 09' 05" 1,312.11 feet, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU PA" being 11,317.19 feet North and 20,949.57 feet West thence running
by azimuths measured clockwise from true South:
2940 06' 232.45 feet along the remainder of Lot D,
along the remainder of R.P. 2237,
L.C. Aw. 8518-13, Ap. 1 to James
Young Kanehoa;
2. 2150 49' 42" 223.52
3. 3130 50' 326.51
4. 430 50' 118.84
5.
3260
31'
108.98
6.
2900
50'
202.87
7.
2320
00'
137.76
8.
3160
19'
540.37
9.
3270
16'
142.01
10.
570
51'
159.53
11. 510 46' 21" 176.39
12. 1470 51' 162.67
13. 1370 51' 42.56
-2-
Thence along the same on a curve to
the right with a radius of 767.00 feet,
the chord azimuth and distance
being:
feet;
feet along the remainder of Lot D,
along the remainder of R.P. 2237,
L.C. Aw. 851.8-13, Ap. 1 to James
Young Kanehoa;
feet along the remainder of Lot D,
along the remainder of R.P. 2237,
L.C. Aw. 8518-13, Ap. 1 to James
Young Kanehoa;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
Thence along the same on a curve to
the left with a radius of 833.00 feet,
the chord azimuth and distance
being:
feet;
feet along the remainder of Lot D,
along the remainder of R.P. 2237,
L.C. Aw. 8518-13, Ap. 1 to James
Young Kanehoa;
feet along the same;
14.
11.00
50'
442.33
15.
1150
50'
89.41
16.
1230
50'
92.40
17.
1.310
50'
89.85
18.
1450
31'
170.00
19.
1060
26'
287.91.
20.
1960
26'
183.00
21.
2870
16' 30"
0.70
22.
1970
16' 30"
140.57
PROJECT LOT 2
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same;
feet along the same, to the point of
beginning and containing an area of
13.005 Acres.
Beginning at the Southwest corner of this parcel of land, the direct azimuth and
distance to the Northeast corner of Lot 6 being 1060 25' 44" 2,185.73 feet, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU PA" being 11,277.32 feet North and 20,030.88 feet West thence running
by azimuths measured clockwise from true South:
1. 2010 25' 181.24 feet along the remainder of Lot D,
along the remainder of R.P. 2237,
L.0 Aw. 851.8-B, Ap. 1 to James
Young Kanehoa;
Thence along the same on a curve to
the left with a radius of 666.00 feet,
the chord azimuth and distance
being:
2. 2870 46' 84.80 feet;
Thence along the same on a curve to
the left with a radius of 20.00 feet,
the chord azimuth and distance
being:
-3-
3. 2370 13' 29.21
feet;
4. 1900 19, 1.00
feet along the remainder of Lot D,
along the remainder of R.P. 2237,
L.C. Aw. 8518-13, Ap. 1 to James
Young Kanehoa;
Thence along the same on a curve to
the left with a radius of 20.00 feet,
the chord azimuth and distance
being:
5. 1470 13' 10" 27.33
feet;
Thence along the Waiula Drive on a
curve to the left with a radius of
625.00 feet, the chord azimuth and
distance being:
6. 2820 0 F 06" 45.89
feet;
Thence along the same on a curve to
the left with a radius of 1,025.00
feet, the chord azimuth and distance
being:
7. 2790 01' 07" 32.05
feet;
Thence along the remainder of Lot
D, along the remainder of R.P. 2237,
L.C. Aw. 8518-13, Ap. 1 to James
Young Kanehoa on a curve to the
left with a radius of 20.00 feet, the
chord azimuth and distance being:
8. 540 13' 11" 27.74
feet;
9. 100 19, 1.00
feet along Waiula Drive;
Thence along the remainder of Lot
D, along the remainder of R.P. 2237,
L.C. Aw. 8518-13, Ap. 1 to James
Young Kanehoa on a curve to the
left with a radius of 20.00 feet, the
M
10. 3240 13' 15" 28.82
11.
2750
24' 45"
100.90
12.
20
42'
188.00
13.
940
42'
75.20
14.
980
42'
80.41
15.
1020
42'
80.41
16.
1110
25'
92.67
Young Kanehoa on a curve to the
left with a radius of 20.00 feet, the
chord azimuth and distance being:
feet;
Thence along the same on a curve to
the left with a radius of 1,066.00
feet, the chord azimuth and distance
being:
feet;
feet;
feet;
feet;
feet;
feet along the same, to the point of
beginning and containing an area of
1.316 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, Article 8, Chapter 25 (Zoning), of the
Hawaii 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:
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(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(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 construct necessary water system improvements as required by the
Department of Water Supply.
C. Final Subdivision. Approval shall be secured within five (5) years from the effective date
of this ordinance. The time during which required plans, reports, studies, or relevant
permit applications are under review for approvals by government agencies shall not
count towards the deadline established in the ordinance. To justify this tolling, the
applicant shall provide evidence of the excluded time period to the Planning Department
for its review and approval, which shall consist of dates obtained from a government
agency website, permitting program, or office indicating when the required plans, reports,
studies, or permit applications were submitted, approved, denied, or returned by the
government agency. Any request for tolling shall be verified and approved in writing by
the director prior to the deadline established by the ordinance. The director shall notify
the council of any approval of a request for tolling within thirty days of such approval. If
any conditions have not been completed by the deadline, or if a time extension request
has not been submitted in accordance with section 25-2-44(c), of the Hawaii County
Code, the Planning Department shall inform the applicant that the ordinance is null and
void without further action by the County. In that event, the zoning designation of the
property affected by the ordinance shall automatically revert to its immediate prior
zoning designation.
Q
D. All subdivision roadway connections and construction within the Waiula Drive right-of-
way shall conform to Chapter 22, County Streets, of the Hawaii County Code and
include the provision of adequate sight distances, shall meet with the approval of the
Department of Public Works, engineering division.
E. 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 professional civil
engineer licensed in the State of Hawaii and submitted to the Department of Public
Works. Any recommended drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to receipt of Final
Subdivision Approval.
F. The Applicant shall comply with Chapter 27, Flood Control, of the Hawaii County
Code.
G. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
H. 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 method of sewage disposal shall meet with the requirements of the Department of
Health.
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
-7-
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.
K. Should any state or federally listed or endangered species be found on the subject
property, the Applicant shall comply with all applicable requirements of Department of
Land and Natural Resources- Division of Forestry and Wildlife and/or the United States
Fish and Wildlife Service.
L. Pursuant to Concurrency requirements (Section 25-2-46(o)), of the Hawaii County Code
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 a Certificate of Occupancy for any phase of the project.
M. As represented by the Applicant, 100% of the proposed 43-lot single-family residential
project shall be set aside for affordable housing, in accordance with mutually agreeable
terms between the Applicant and the County Office of Housing and Community
Development, using the provisions of Chapter 11, Article 1, Hawai`i County Code
relating to Affordable Housing Policy. Said agreement shall be executed prior to receipt
of Final Subdivision Approval and a copy of the executed agreement shall be provided to
the Planning Department by the Applicant. Should the affordable housing subdivision not
be developed as represented, the Applicant shall comply with the requirements of
Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy.
N. 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 Final Subdivision Approval. The fair share contribution for each newly
created lot shall be based on the actual number of residential lots developed. The fair
share contribution in a form of cash, land, facilities or any combination thereof shall be
In
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). The fair share contribution shall
have a combined value of $17,171.48 per single family residential unit. The total amount
shall be determined by the actual number of newly created lots according to the
calculation and payment provisions set forth in this condition. The fair share contribution
per single family residential unit shall be allocated as follows:
$8,280.39 per single family residential unit to the County to support park and
recreational improvements and facilities;
2. $399.45 per single family residential unit to the County to support police
facilities;
3. $788.96 per single family residential unit to the County to support fire
facilities;
4. $345.41 per single family residential unit to the County to support solid waste
facilities; and
5. $7,357.27 per single family residential unit 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 pursuant to Section 2-162.1(a)
of Hawaii County Code. This condition shall not apply to any affordable lots included in the
executed affordable housing agreement referenced in Condition M.
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O. 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.
P. The Applicant shall comply with all applicable County, State, and Federal codes, laws,
rules, regulations, and requirements for the proposed development.
Q. An initial extension of time for the performance of conditions within this ordinance may
be requested in accordance with Section 25-2-44, subsections (c) and (d), of the Hawaii
County Code.
R. If the applicant fails to fulfill any conditions of the zone change within the specified time
limitations, the Planning Director or County Council may initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
designation or a more appropriate zoning designation in accordance with Section 25-2-43
of the Hawaii County Code.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
lw!m r) ITIVAUT MySm 319•LIN•
, Hawai'i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
RLFLRLNGE Comm. 77
AGRICULTURAL -
A-40a 1 ACRE (A-1 a) TO
SINGLE FAMILY
--- RESIDENTIAL -
10,000 SQ. FT. (RS-10)
REZONE AREA:
1.316 ACRES
A-3a _ A-3a �I 2a� A-3a
�D
� AI H.AERpp,D----� � Z
W S A-5a
" A- l a A 5a °ti9 ry
9O,PA-Sa
KANEHOA ST--�
Am) a V Q
RA 2a A-5a
RS-10 A-5a
RA-2a
AGRICULTURAL - I
1 ACRE (A-1a)TO Ala
SINGLE FAMILY
RESIDENTIAL -
10,000 SQ. FT. (RS-10)
REZONE AREA:
13.005 ACRES
A-5a
Feet
0 500 1,000
AMENDMENT TO THE ZONING CODE,
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - 1 ACRE (A-1 a) TO
SINGLE FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS-10)
AT 'OULI, SOUTH KOHALA, HAWAH
MAP PREPARED BY:
TPAK: (3) 6-2-0ot ors COUNTY OF HAWAI`i, PLANNING DEPARTMENT DATE: September4, 2024
EXHIBIT "A„ .lames Young Kanehoa
Map: