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HomeMy WebLinkAboutBIL 152 Draft 01 2000-2002 VOiJN°I'~ ~!F ~ S7'1~'I'E O~ I-~~1~~.I`1 BILL NO. 152 OIiDIN~NCB NO. AN ORDINANCE AMENDING ORDINANCE NO. 96-117, WHICH AMENDED SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-95E (L<'-~LAMILO-I'UUKAPU ZONE I~1AP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF TI-IE I~IAWAII COUNTY CODE, AND ORDINANCE NO. 92-65 BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) AND (A-3a); SINCf.,E FAMILY RESIDENTIAL (RS-7.5), (RS-10), (RS-15) AND (RS-20); DOUBLE FAMILY RESIDENTIAL (RD-5); MULTIPLE FAMILY RESIDENTIAL (RM-2) AND (RM-3); VILLAGE COMMERCIAL (CV-7.5); AND LIMITED INDUSTRIAL (ML-20) TO AGRICLLTURAL (A-40a}, RESIDENTIAL, AND AGRICULTURAL (RA-1 a), SINGLE FAMILY RESIDENTIAL (RS-7.5) AI~+-D (RS-10); MULTIPLE FAMILY RESIDENTIAL (RM- 5.0); VILLAGE COMMERCIAL (CV-7.5); AND LIMITED INDUSTRIAL (ML-20) AT OULI, LANIKEPU, LAL1'~MILO, ~~'AIKOLOA AND PUUI~APU, WAIMEA, SOUTH KOHAI,A, HAWAII, COVERED BY TAX MAP KEY 6-2-01:9; 6-7-O1:PORTION OF 25; 6-7-02:9, ~48, AND PORTION OL' 17; AND 6-8-O1:PORTIONS OF 1 AND 8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 96-117 is amended as follows: "SECTION 1. Section 25-95A, <Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance No. 92-65 are amended to change the district classification of properties described hereinafter as follows: INDUSTRIAL PARK AREA The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Limited Industrial (ML-20): PARCEL "A"/EXHIBIT "C": Beginning at the Southeast comer of this parcel of land, on the Westerly side of Mamalahoa -1- Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 2,715.91 feet North and 9,035.74 feet East, thence running by azimuths measured clockwise from True South: 1. 96° 00' 945.OOfeet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Apana 1 to G.D. Hueu; 2. 186° 00' 1,152.38feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3. 276° 00' 945.OOfeet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4. 6° 00' 1,152.38feet along the Westerly side of Mamalahoa Highway to the point of beginning and containing an area of 25.000 Acres, more or less. (Refer to Parcel "A" as shown on Exhibit "C".) SECTION 2. Section 25-95E and Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance No. 92-65, are amended to change the district classification of properties described hereinafter as follows: WAIMEA TOWN CENTER AREA The district classification of the following area situated at Waikoloa and Lalamilo, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-7.5): PARCEL 1/EXHIBIT "A": Beginning at the Southwest corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 930.72 feet South and 6,802.70 feet West and thence running by azimuths measured clockwise from True South: 1. 186° O1' 307.48 feet along the Easterly side of Mamalahoa Highway; 2. 211 ° 38' 235.57 feet along the Easterly side of Mamalahoa Highway; 3. 321 ° 06' 154.60 feet along Lot 1 of Ainakokua Subdivision, Unit "A"; -2- 4. 226° 16' 121.60 feet along Lot 1 of Ainakokua Subdivision, Unit "A"; 5. 131 ° 51' 44.90 feet along Lot 1 of Ainakokua Subdivision, Unit "A"; 6. 215° 44' 149.65 feet along Lots 1 and 2 of Ainakokua Subdivision, Unit "A"; 7. 224° 39' 62.10 feet along Lot 3 of Ainakokua Subdivision, Unit "A"; 8. 132° O1' 14.00 feet along Lot 3 of Ainakokua Subdivision, Unit "A"; 9. 213° 08' 141.47 feet along Lot 4 of Ainakokua Subdivision, Unit "A"; 10. 125° 31' 25.97 feet along Lot 4 of Ainakokua Subdivision, Unit "A"; 11. 211 ° 38' 338.91 feet along Lots 5, 6 and 7 of Ainakokua Subdivision, Unit "A"; 12. 121 ° 38' 10.00 feet along Lot 7 of Ainakokua Subdivision, Unit "A"; 13. 210° 03' 75.00 feet along Lot 8 of Ainakokua Subdivision, Unit "A"; 14. 214° 47' 30" 46.60 feet along Lot 8 of Ainakokua Subdivision, Unit "A"; 15. 215° 09' 30" 150.15 feet along Lot 9 of Ainakokua Subdivision, Unit "A"; 16. 212° 31' 126.25 feet along Lot 10 of Ainakokua Subdivision, Unit "A"; 17. 306° 42' 30" 37.05 feet along Lot 11-B of Ainakokua Subdivision, Unit "A"; -3- 18. 217° 56' 112.97 feet along Lot 11-B of Ainakokua Subdivision, Unit "A", to a rebar (found); 19. 120° 46' 172.00 feet along Lot 11-B of Ainakokua Subdivision, Unit "A", to a rebar (found); 20. 211 ° 38' 168.00 feet along the Easterly side of Mamalahoa Highway; 21. 314° 38' 280.92 feet along Lots 1-C and 2-A, along the remainder of Grant 5183-8 to Annie T.K. Parker; 22. 224° 38' 254.67 feet along Lots 2-A, 2-B and 2-C, along the remainder of Grant 5183-5 to Annie T.K. Parker; 23. 213° 23' S6" 14.26 feet along the Southerly side of Kaomoloa Road; 24. Thence along the Southerly side of Kaomoloa Road, on a curve to the left with a radius of 730.00 feet, the chord azimuth and distance being: 300° 51' S5" 64.54 feet; 25. Thence along the Southerly side of Kaomoloa Road, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 341° 36' 42" 27.42 feet; 26. 296° 26' 22" 50.02 feet along the Southerly side of Kaomoloa Road; 27. Thence along the Southerly side of Kaomoloa Road, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 249° 53' 30" 28.28 feet; 28. 204° 53' 30" 30.00 feet along the Easterly end of Kaomoloa -4- Road; 29. 294° 53' 30" 227.78 feet along the remainders of Grant 9879 to A.W. Carter, Trustee and R.P. Sb71, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 30. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 1,200.00 feet, the chord azimuth and distance being: 316° 37' 26" 888.65 feet; 31. 338° 21' 22" 253.01 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 32. 68° 21' 22" 411.32 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 33. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu, on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 54° 51' 01.5" 467.08 feet; 34. 41° 20' 41" 339.10 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 35. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 1,100 feet, the chord azimuth and distance being: 66° 43' 35.5" 943.03 feet; 36. 182° 06' 30" 286.84 feet along the remainder of R.P. 5671, L.C Aw. 8521-B, Ap. 1 to G.D. Hueu; 37. 246° 39' 30" 515.98 feet along the Southeasterly side of Lalamilo Reservoir Site Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378); 38. 143° 39' 30" 500.82 feet along Lalamilo Reservoir Site and -5- Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378), passing over a cut (found) at 30.79 feet; 39. 53° 39' 30" 312.00 feet along Lalamilo Reservoir Site, Governor's Executive Order 1965 (C.S.F. No. 13378) to a 1-1/4 inch pipe (found); 40. 323° 39' 30" 398.00 feet along Lalamilo Reservoir Site, Governor's Executive Order 1965 (C.S.F. No. 13378) to a 1-1/4 inch pipe (found); 41. 66° 39' 30" 242.18 feet along the Northwesterly side of Lalamilo Reservoir Site Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378); 42. 96° Ol' 453.92 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu to the point of beginning and containing an area of 56.512 Acres. (REFER TO PARCEL 1 AS SHOWN ON EXHIBIT ..A,.) The district classification of the following area situated at Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Multiple Family Residential (RM-5): PARCEL 2/EXHIBIT "A": Beginning at the South corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 223.56 feet South and 4,446.46 feet West and thence running by azimuths measured clockwise from True South: 1. 158° 21' 22" 253.01 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 2. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the left with a radius of 1,200.00 feet, the chord azimuth and distance being: 136° 37' 26" 888.65 feet; -6- 3. 114° 53' 30" 227.78 feet along the remainders of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu and Grant 9879 to A.W. Carter, 'trustee; 4. 204° 53' 30" 30.00 feet along the Easterly end of Kaomoloa Road to a'/2 inch pipe (found); 5. 294° 53' 30" 64.00 feet along Lot 22 of Kaomoloa Subdivision, Increment 2 (File Plan 1683) to a'/2 inch pipe (found); 6. 225° 12' 32.52 feet along Lot 22 of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 7. 232° 17' 733.78 feet along Lots 22, 21, 20, 19, 18, 17, 16 and 15 of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 8. 322° 15' 1,085.83 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order Numbers 2954 and 3454 (C.S.F. Nos. 17634 and 21161), passing over a spike (found) at 354.42 feet; 9. 248° 15' 13" 696.06 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order Number 3454 (C.S.F. No. 21161) and remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243); 10. 306° 59' 22" 105.89 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243); 11. 36° 59' 22" 298.60 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in -7- Liber 3138, page 426 (GS.F. No. 12243); 12. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 52° 40' 22" 540.64 feet; 13. 68° 21' 22" 592.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu to the point ofbeginning and containing an area of 25.042 Acres. (REFER TO PARCEL 2 AS SHOWN ON EXFIIBI'r ..A..) The district classification of the following area situated at Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-10): PARCEL 3/EXHIBIT "A": Beginning at the East corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 894.64 feet South and 2,589.42 feet- West and thence running by azimuths measured clockwise from True South: 1. Along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,065.00 feet, the chord azimuth and distance being: 53° 50' 41.4" 404.99 feet; 2. 52° 24' 22" 55.91 feet along the remainder of Dee€1: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); -8- 3. 142° 24' 22" 25.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 4. 52° 24' 22" 465.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243 5. 322° 24' 22" 20.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 6. 52° 24' 22" 185.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 7. 322° 24' 22" 5.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. 52° 24' 22" 182.58 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 9. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,935.00 feet, the chord azimuth and distance being: 53° 41' 57.3" 358.15 feet; 10. 113° 33' 30" 1,268.18 feet along the remainders of Deed: -9- Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 11. 91 ° 16' 30" 88.16 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 12. 85° 49' 202.56 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 13. 89° 29' 271.64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 14. 92° 40' 30" 24.88 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 15. 153° 46' 30" 263.08 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 16. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the left with a radius of 1,100.00 feet, the chord azimuth and distance being: 232° 33' 35.5" 427.89 feet; 17. 221 ° 20' 41" 339.10 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 18. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 234° 51' 01.5" 467.08 feet; 19. 248° 21' 22" 1,003.32 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 20. Thence along the remainders of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu and Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and -10- recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 232° 40' 22" 540.64 feet; 21. 216° 59' 22" 298.60 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 22. 306° 59' 22" 320.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C,S.F. No. 12243); 23. 36° 59' 22" 141.91 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 24. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being: 358° 16' 32" 171.60 feet; 25. 8° 09' 22" 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 26. 321 ° 46' 22" 905.21 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) to the point of beginning and containing an area of 85.435 Acres. (REFER TO PARCEL 3 AS SHOWN ON E~IIBIT „A..) -11- The district classification of the following area situated at Lalamilo, Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Village Commercial (CV - 7.5): PARCEL 4/EXHIBIT "A": Beginning at the West corner of this parcel of land, on the Southeasterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 2,167.89 feet North and 4,350.78 feet West and thence running by azimuths measured clockwise from True South: 1. 232° 15' 8.50 feet along the Southeasterly side of Mamalahoa Highway; 2. 229° 18' 41.60 feet along the Southeasterly side of Mamalahoa Highway; 3. 322° 15' 151.15 feet along the remainder of Grant 5183-A to Annie T.K. Parker; 4. 232° 15' 15.38 feet along the remainder of Grant 5183-A to Annie T.K. Parker; 5. 322° 15' 177.70 feet along the remainders of Grant 5183-A to Annie T.K. Parker and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 6. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the right with a radius of 3,040.00 feet, the chord azimuth and distance being: 326° 41' 16" 470.45 feet; 7. 333° OS' S0" 216.25 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 8. 229° 18' 311.62 feet along the remainder of R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 9. 139° 18' 104.80 feet along the remainder of R.P. 5671, -12- L.C. Aw. 8521-B, Ap. 1 to_G.D. Hueu; 10. 250° OS' 468.58 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 11. 205° 39' 03" 99.89 feet along R.P. 5671, L.C. Aw. 8521-8, Ap. 1 to G.D. Hueu; 12. 205° 48' 18.11 feet along R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 13. 219° 51' 30" 147.30 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 14. 331° 48' 180.00 feet along L.C. Aw. 4037 to A.D. Allen; 15. 259° 30' 416.00 feet along L.C. Aw. 4037 to A.D. Allen; 16. 159° 00' 427.26 feet along L.C. Aw. 4037 to A.D. Allen; 17. 70° 30' 233.64 feet along L.C. Aw. 4037 to A.D. Allen; 18. 146° 36' 30" 240.35 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu and along Grant 481 to Edmond Bright, to a 1 inch pipe (found); 19. 239° 44' 30" 296.53 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 20. 238° 57' 40" 105.54 feet along R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 21. 239° 42' 20" 259.43 feet along R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; -13- 22. 335° 25' 91.03 feet along Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 23. 239° 07' 122.71 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 24. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 365.00 feet, the chord azimuth and distance being: 348° 17' 06" 171.19 feet; 25. 334° 43' 22" 261.10 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 26. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and L.C. Aw. 2271 to Oili, on a curve to the left with a radius of 2,265.00 feet, the chord azimuth and distance being: 327° 09' 742.16 feet; 27. 317° 48' 22" 405.25 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 28. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on curve to the right with a radius of 665.00 feet, the chord azimuth and distance being: -14- 358° 09' 22" 1,046.62 feet; 29. 50° 03' 22" 100.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 30. 14° 50' 42" 159.42 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 31. 91 ° 10' 18" 482.34 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 32. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being: 26° 26' 35" 426.91 feet; 33. 51 ° 42' S2" 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 34. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 145° 16' 07" 123.98 feet; 35. 148° 49' 22" 284.95 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); -15- 36. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 137° 54' 22" 378.76 feet; 37. 126° 59' 22" 582.71 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 38. 68° 15' 13" 76.32 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 39. Thence along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161), on a curve to the right with a radius of 840.00 feet, the chord azimuth and distance being: 146° 44' O1" 658.77 feet; 40. 169° 49' 13" 140.00 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161); 41. Thence along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161), on a curve to the left with a radius of 760.00 feet, the chord azimuth and distance being: 161° 51' 31" 210.54 feet; 42. 63° 53' 49" 111.58 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order No. 3454 (C.S.F. No. 21161); -16- 43. 145° 26' 371.30 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order 2954 (C.S.F. No. 17634); 44. 140° 18' 30" 12.77 feet along Waimea Elementary and Intermediate School Lot, Governor's Executive Order 2954 (C.S.F. No. 17634); 45. 234° 00' 30" 129.75 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 46. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a curve to the left with a radius of 2,960.00 feet, the chord azimuth and distance being: 143° 07' 45" 90.84 feet; 47. 142° 15' 127.91 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 48. 219° 29' 14.94 feet along Government Land; 49. 142° 15' 195.50 feet along Government Land to the point of beginning and containing an area of 101.490 Acres. (REFER TO PARCEL 4 AS SHOWN ON EXHIBIT "A°°) The district classification of the following area situated on the southwesterly side of Kamamalu Street at Puukapu, Waimea, South Kohala, Hawaii, shall be Multiple Family Residential (RM - 5): PARCEL 5/EXHIBIT "A": Beginning at the North corner of this parcel of land, on the Southwesterly side of Kamamalu Street, the coordinates of which referred to Government Survey Triangulation Station `°WEST BASE" being 3,192.19 feet North and 1,595.74 feet West and thence running by azimuths measured clockwise from True South: -17- 1. 329° 07' 408.13 feet along the Southwesterly side of Kamamalu Street to a 1-1/4 inch pipe (found); 2. 59° 07' 125.00 feet along the remainder of Grant 5973 to Charles Baker; 3. 329° 07' 100.00 feet along the remainder of Grant 5973 to Charles Baker; 4. 74° 44' 120.21 feet along Lot 9 of Puukapu Village House Lots, along Hawaiian Homes Land; 5. 74° 11' 40" 20.18 feet along Hawaiian Homes Land to a 1-1 /4 inch pipe (found); 6. 329° 08' 09" 557.34 feet along Hawaiian Homes Land; 7. 75° 21' 22" 136.38 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 48° 21' 22" 272.39 feet; 9. 21 ° 21' 22" 175.85 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 10. 45° 46' 08" 65.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); -18- 11. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and L.C. Aw. 2271 to Oili, on a curve to the right with a radius of 2,265.00 feet, the chord azimuth and distance being: 147° 09' 742.16 feet; 12. 154° 43' 22" 261.10 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 13. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 365.00 feet, the chord azimuth and distance being: 168° 17' 06" 171.19 feet; 14. 239° 07' 128.87 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and Grant 4955 to J.T. Baker, along Waimea Civic Center, Executive Order No. 2632 (C.S.F. No. 16258); 15. 329° 07' 353.38 feet along the remainder of Grant 4955 to J.T. Baker; 16. 254° 51' 319.25 feet along the remainders of Grant 4955 to J.T. Baker and Grant 5973 to Charles Baker; 17. 211 ° 00' 12.40 feet along the remainder of Grant 5973 to Charles Baker; 18. Thence along the remainder of Grant 5973 to Charles Baker, on a curve to -19- the left with a radius of 620.00 feet, the chord azimuth and distance being: 185° 17' 46.5" 537.81 feet; 19. 239° 07' 40.43 feet along the remainder of Grant 5973 to Charles Baker, along Waimea Civic Center, Executive Order No. 2632 (C.S.F. No. 16258), to the point of beginning and containing an area of 12.558 Acres. (REFER TO PARCEL 5 AS SHOWN ON EXHIBIT "A") The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Residential and Agricultural (RA-la): PARCEL 6/EXHIBIT "A": Beginning at the East corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 250.73 feet North and 140.81 feet West and thence running by azimuths measured clockwise from True South: 1. Along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,065.00 feet, the chord azimuth and distance being: 73° 19' 09.5" 354.65 feet; 2. 162° 03' 34" 25.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,090.00 feet, the chord azimuth and distance being: 70° 26' S2" 455.07 feet; -20- 4. 338° 50' 10" 10.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,080.00 feet, the chord azimuth and distance being: 65° 40' 33" 890.89 feet; 6. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 595.00 feet, the chord azimuth and distance being: 181 ° 49' 07.5" 304.27 feet; 7. 216° 17' S2" 71.03 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 575.00 feet, the chord azimuth and distance being: 214° 20' 33" 220.00 feet; 9. 194° 50' 42" 159.42 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 10. 230° 03' 22" 100.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in -21- Liber 3138, Page 426 (C.S.F. No. 12243); 11. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 665.00 feet, the chord azimuth and distance being: 178° 09' 22" 1,046.62 feet; 12. 137° 48' 22" 405.25 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 13. 225° 46' 08" 65.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 14. 201 ° 21' 22" 175.85 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 15. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 228° 21' 22" 272.39 feet; 16. 255° 21' 22" 136.38 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 17. 329° 08' 09" 2,243.34 feet along Hawaiian Homes Land to the point of beginning and containing an area of 39.710 Acres. (REFER TO PARCEL 6 AS SHOWN ON EXHIBIT "A") -22- The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 7/EXHIBIT "A": Beginning at the South corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 894.64 feet South and 2,589.42 feet West and thence running by azimuths measured clockwise from True South: 1. 141 ° 46' 22" 905.21 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 2. 188° 09' 22' 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 178° 16' 32" 171.60 feet; 4. 216° 59' 22" 141.91 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. 306° 59' 22" 156.82 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 6. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, -23- Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 1,000.00 feet, the chord azimuth and distance being: 317° 54' 22" 378.76 feet; 7. 328° 49' 22" 284.95 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 8. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 1,000.00 feet, the chord azimuth and distance being: 325° 16' 07" 123.98 feet; 9. 231 ° 42' S2" 270.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 10. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 206° 26' 35" 426.91 feet; 11. 271 ° 10' 18" 482.34 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 12. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 575.00 feet, the chord azimuth and distance being: -24- 34° 20' 33" 220.00 feet; 13. 36° 17' S2" 71.03 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 14. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 595.00 feet, the chord azimuth and distance being: 1 ° 49' 07.5" 304.27 feet; 15. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,080.00 feet, the chord azimuth and distance being: 61° 54' S7" 169.15 feet; 16. 331 ° 18' S8" 15.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 17. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the left with a radius of 8,065.00 feet, the chord azimuth and distance being: 58° 17' 59.4" 848.76 feet, to the point of beginning and containing an area of 20.804 Acres. (REFER TO PARCEL 7 AS SHOWN ON EXHIBIT ~~A~~~ The district classification of the following area situated at Waikoloa and Puukapu, -25- Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 8/EXHIBIT "A": Beginning at the South corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 2,420.96 feet South and 4,818.76 feet West and thence running by azimuths measured clockwise from True South: 1. 166° 20' 30" 1,070.46 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243) and R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 2. 293° 33' 30" 1,268.18 feet along the remainders of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu and Deed: Hawaiian Homes Commission to Richard Smart dated July 7, l 956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,935.00 feet, the chord azimuth and distance being: 55° 33' 07.3" 155.01 feet; 4. 146° 06' 42" 5.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 5. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,930.00 feet, the chord azimuth and distance being: 57° 21' S4" 346.91 feet; -26- 6. 148° 37' 06" 10.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243); 7. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 (C.S.F. No. 12243), on a curve to the right with a radius of 7,920.00 feet, the chord azimuth and distance being: 60° 37' 06.7" 552.86 feet, to the point of beginning and containing an area of 12.644 Acres. (REFER TO PARCEL 8 AS SHOWN ON EXHIBIT ~~A~~~ The district classification of the following area situated on the easterly side of Mamalahoa Highway at Waikoloa, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 9/EXHIBIT "A": Beginning at the Southwesterly corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 1,400.07 feet South and 6,852.17 feet West and thence running by azimuths measured clockwise from True South: 1. 186° O1' 182.19 feet along the Easterly side of Mamalahoa Highway; 2. 246° 39' 30" 591.02 feet along the Southerly side of Lalamilo Reservoir Site Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378); 3. 2° 06' 30" 286.84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 4. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to -27- G.D. Hueu, on a curve to the left with a radius of 1,100.00 feet, the chord azimuth and distance being: 257° 56' 30" 538.44 feet; 5. 333° 46' 30" 263.08 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 6. 92° 40' 30" 127.02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 7. 84° 21' 285.04 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 8. 97° 09' 165.55 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 9. 66° 52' 30" 14.96 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D Hueu; 10. 94° 51' 109.84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 11. 89° 11' 496.05 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu to the point of beginning and containing an area of 5.951 Acres. (REFER TO PARCEL 9 AS SHOWN ON EXHIBIT ,~A~~~ The district classification of the following area situated on the easterly side of Mamalahoa Highway at Waikoloa, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL 10/EXHIBIT "A": Beginning at the Northwesterly corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 930.72 feet South and 6,802.70 feet West and thence running by azimuths measured clockwise from True South: 1. 276° O1' 453.92 feet along the remainder of R.P. 5671, -28- L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu; 2. 66° 39' 30" 520.81 feet along the Northerly side of Lalamilo Reservoir Site Roadway, Governor's Executive Order 1965 (C.S.F. No. 13378); 3. 186° O1' 255.34 feet along the Easterly side of Mamalahoa Highway to the point of beginning and containing an area of 1.330 Acre. (REFER TO PARCEL 10 AS SHOWN ON EXHIBIT "A") SECTION 3: Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code and Ordinance No. 92-65, are amended to change the district classification of properties described hereinafter as follows: RURAL - RESIDENTIAL AREA The district classification of the following area situated at Ouli and Lanikepu, Waimea, South Kohala, Hawaii, shall be Agricultural (A-40a): PARCEL "A"/EXHIBIT "B": Beginning at the Southwest corner of this parcel of land, on the Northerly side of Kawaihae Road (F.A.P. N.R.H. 11-C}, being, also, the East corner of Lot 7 of Kamuela View Estates, Units 1-A and 1-B (File Plan 1620), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 13,903.67 feet North and 3,247.55 feet West, thence running by azimuths measured clockwise from True South: 1. l 19° 30' 946.02 feet along Lots 7, 8, 9, 10 and 23 of Kamuela View Estates, Units 1-A and 1-B (File Plan 1620); 2. 192° 35' 2,155.00 feet along the Government Land of Momoualoa: 3. 198° 34' 1,194.15 feet along the Government Land of Momoualoa: -29- 4. 276° OZ' 227.36 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 5. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the right with a radius of 370.00 feet, the chord azimuth and distance being: 310° 25' 417.90 feet; 6. 344° 48' 16.20 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 7. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 551.70 feet, the chord azimuth and distance being: 327° 43' 324.14 feet; 8. 310° 38' 535.40 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 9. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 529.10 feet, the chord azimuth and distance being: 287° 07' 30" 422.10 feet; 10. 263° 37' 20.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-1 l -A); 1 l . Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the right with a radius of 380.30 feet, the chord azimuth and distance being: 273° 04' 30" 124.99 feet; 12. 309° 44' 66.70 feet along the Southwesterly side of -30- Kohala Mountain Road (F.A.P. E-11-A); 13. 255° 00' 40.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 14. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the right with a radius of 380.30 feet, the chord azimuth and distance being: 306° 25' 30" 124.99 feet; 15. 315° 53' 542.70 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 16. 321 ° 32' 30" 75.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 17. 343° 27° 171.90 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 18. 353° 00' 80.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 19. 5° 46' 291.20 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 20. 25° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 21. 358° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 22. 343° 53' 123.60 feet along the Southwesterly side of -31- Kohala Mountain Road (F.A.P. E-11-A); 23. 311 ° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 24. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 426.20 feet, the chord azimuth and distance being: 287° 32' 506.63 feet; 25. 251 ° 04' 1.60 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 26. 274° 00' 180.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 27. 290° 30' 221.70 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 28. 307° 02' 274.50 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 29. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 440.30 feet, the chord azimuth and distance being: 296° 39' 30" 158.59 feet; 30. 286° 17' 440.30 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 31. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the right with -32- a radius of 570.00 feet, the chord azimuth and distance being: 289° 42' 67.94 feet; 32. 314° 11' 89.00 feet along Deed: State of Hawaii to Jesse E. Blackwell and Cynthia G. Blackwell dated March 24, 1975 and recorded in Liber 10554, page 92; Thence along the middle of Lanikepu Gulch, along Grant 15231 to Jesse E. Blackwell and Cynthia G. Blackwell, the direct azimuth and distance between points being: 33. 17° 33' 30" 73.87 feet; Thence along the middle of Lanikepu Gulch, along Grant 13706 to Richard Smart, for the next two (2) courses, the direct azimuths and distances between points being: 34. 29° 40' 165.60 feet; 35. 89° 10' 620.00 feet; Thence along the middle of Lanikepu Gulch, along Grant 15228 to Bruce A. Tegman, et al, the direct azimuth and distance between points being: 36. 50° 04' 30" 237.95 feet; 37. 70° 15' 571.79 feet along Grant 13706 to Richard Smart and Lots 50 and 51 of Lalamilo House Lots -Second Series; 38. 83° 10' 354.45 feet along Lots 51 and 52 of Lalamilo House Lots -Second Series; -33- 39. 116° 15' 131.74 feet along Lots 53 and 54-D of Lalamilo House Lots -Second Series; 40. 99° 07' 148.37 feet along Lots 54-D and 55 of Lalamilo House Lots -Second Series; 41. 138° 49' 43.18 feet along Lots 55 and 56 of Lalamilo House Lots -Second Series; 42. 108° 17' 123.55 feet along Lots 56 and 57 of Lalamilo House Lots -Second Series; 43. 55° OS' 84.87 feet along Lot 57 of Lalamilo House Lots -Second Series; 44. 91° 02' 86.26 feet along Lots 57 and 58-B of Lalamilo House Lots -Second Series; 45. 75° 52' 94.11 feet along Lots 58-B of Lalamilo House Lots -Second Series; 46. 88° 34' 196.07 feet along Lots 58-8 and 59 of Lalamilo House Lots -Second Series; 47. 80° 37' 141.89 feet along Lot 60 of Lalamilo House Lots -Second Series; 48. 64° 00' 71.70 feet along Lot 60 of Lalamilo House Lots -Second Series; 49. 57° 02' 122.25 feet along Lot 60 of Lalamilo House Lots -Second Series; 50. 58° 24' 53.50 feet along Lot 60 of Lalamilo House -34- Lots -Second Series; 51. 35° 39' 12.58 feet along Lot 60 of Lalamilo House Lots -Second Series; 52. 102° 18' 752.39 feet along the Northerly side of Kawaihae Road (F.A.P. N.R.H. 11 _C); 53. Thence along the Northerly side of Kawaihae Road (F.A.P. N.R.H. 11-C), on a curve to the left with a radius of 1,940.00 feet, the chord azimuth and distance being: 95° 31' 30" 457.73 feet to the point of beginning and containing- an Area of 229.752 Acres, more or less. (REFER TO PARCEL "A" AS SHOWN ON EXHIBIT "B") All as shown on the map attached hereto, marked Exhibit "A", "B", and "C" and by reference made a part hereof. SECTION 4. With the exception of Section 3 relating to the Rural Residential Area, which zoning shall take effect upon the effective date of this ordinance, these changes in district classification are conditioned upon the following: OVERALL DEVELOPMENT: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) within three years from the enactment of this ordinance the applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and the -35- Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity can be established. The effective date of the changes in district classification(s) shall be the date on which the Planning Director has certified such assurances to be satisfactory. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water source(s) of sufficient quality and quantity can be established at the designated location(s). The actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Residential building permits shall not be issued until the approved water source is developed and its transmission and distribution system for such source to the subject property has been constructed. Residential building permits may be issued for model home complexes, provided that such model homes will not be occupied until the approved water source is developed. (C) a historic preservation mitigation plan of each development area shall be prepared and submitted for approval by the Planning Department, in consultation with the Department of Land and Natural Resources, prior to submitting plans for preliminary subdivision or plan approval review of each development area. The plan shall consist of an archaeological data recovery plan and a preservation plan. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations in the respective development area; -36- (D) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (E) to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Director to formulate a housing plan for the development. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of any portion of the residential zoned area. The housing plan shall allow satisfaction of the requirements in this condition by in-lieu payment, land, or any combination thereof and shall be based on a maximum density for the residential area, as determined by the applicant with the concurrence of the Planning Director. Full affordable housing credits shall be given for the 4.7~ acres set aside by the applicant and dedicated to the County for the 40-unit elderly housing site as well as any other future land or residential lots set aside for employees of the applicant who meet the prevailing income criterion for an affordable home. -37- (F) the applicant shall work with the State Department of Education and the Planning Department to provide its pro rata share for school facilities. In establishing the applicant's pro rata share, credit for contributions to public and private schools in the area shall be given to the applicant, subsequent to the adoption of ©rdinance No. 92-65. The pro rata share determination and its implementation (i.e. dedication of land, construction of classrooms or funding) shall be approved by the Planning Department, in consultation with the Department of Education, in conjunction with final subdivision approval of any residential lot subdivision for any area of development; (G) the applicant shall provide 30 ~ acres of land for public park and recreational purposes outside of the geographical area covered by this ordinance, provided that the site(s) shall be situated south of the Waimea Airport and the Waimea. Business Park, unless mutually agreed to by the applicant and the Planning Director, in consultation with the Department of Parks and Recreation. The applicant shall identify the proposed site (s) prior to the receipt of tentative subdivision approval of the first residential increment of the subject property. The Planning Director, in consultation with the Department of Parks and Recreation, shall review and approve the location of the site(s) prior to final plan approval or final subdivision approval of the three hundredth (300"') residential unit/lot within the RS and/or RM zoned areas of the subject property. Furthermore, said site(s) shall be dedicated to the County upon its request. The value of dedicated land and any -38- improvements provided on the said site(s) shall be credited against the applicant's fair share contribution of the parks and recreation assessment required ire Condition H herein; (H) the applicant shall make its fair share contribution to mitigate the potential impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential units proposed to be developed by the amounts allocated hereinbelow for each unit, and shall become due and payable prior to final subdivision approval or final plan approval, as applicable, for any portion of the subject property or its increments. If the subject property is developed in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval or final plan approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential units in each such increment. The fair share contribution maybe in a form of cash, land, facilities, or any combination thereof acceptable to the Planning Director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $4,645.29 per multiple-family residential unit and $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to 729 residential units, the indicated total fair share contribution for 256 multiple family residential units is -39- $1,189,194.20 and for 473 single family residential units is $3,424,122.60 whichever is applicable. However, the total amount shall be increased or reduced in proportion with the actual number oflots/units according to the calculation and payment provisions set forth in this Condition H. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple-family residential unit for an indicated total of $586,595.84 and $3,490.85 per single-family residential unit for an indicated total of $1,651,172.00 to the County to support park and recreational improvements and facilities; 2. $72.42 per multiple-family residential unit for an indicated total of $18,539.52 and $168.40 per single-family residential unit for an indicated total of $79,653.20 to the County to support police facilities; 3. $222.77 per multiple-family residential unit for an indicated total of $57,029.12 and $332.61 per single-family residential unit for an indicated total of $157,324.53 to the County to support fire facilities; 4. $99.29 per multiple-family residential unit for an indicated total of $25,418.24 and $145.62 per single-family residential unit for an indicated total of $68,878.26 to the County to support solid waste facilities; -40- 5. $1,959.42 per multiple-family residential unit for an indicated total of $501,611.52 and $3,101.68 per single-family residential unit for an indicated total of $1,467,094.60 to the Sate or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Planning Director. The cost of constructing the improvements and the fair market value of land contributed required in Condition G and M(1) shall be credited against the sum specified in Condition H(1) for parks and recreation and in Condition H(5) for road and traffic improvements. For purposes of administering Condition H, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the Planning Director, upon consultation with the appropriate agencies; (I) in lieu of actual construction of infrastructural improvements as required herein, -41- the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval and/or final plan approval, as applicable for the subject property or portions thereof, maybe granted prior to the actual construction of required infrastructural improvements unless otherwise restricted herein; (J) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; (K) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this change of zone. The report shall address, in detail, the status of the development of each area (including number of lots created, number of units constructed, developed and undeveloped commercial and industrial areas) and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not -42- required; (L) an extension of time for the performance of conditions within each development area set forth in this ordinance may be granted by the Planning Director upon the following circumstances: (1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (2) granting of the time extension would not be contrary to the general plan or zoning code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year); and (5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County -43- Council for appropriate action. Further, should any of the conditions of the respective development areas not be met or substantially complied within a timely fashion, the Planning Director shall initiate rezoning of the applicable area to its original or more appropriate designation; and (M) the following specific conditions shall be applied to the individual district classification changes: (1) WAIMEA TOWN CENTER AREA - (a) upon compliance with Condition B, the Waimea Town Center area shall be developed in two increments. The first development increment shall consist of a maximum of 579 residential units/lots and the commercial zoned areas. The second development increment shall consist of the remaining number of residential units/lots within the Single Family (RS) and Multiple Family (RM) zoned districts. Development of the second increment shall occur only after there is fiscal assurance that the proposed connector road, consisting of a two-lane collector standard within an 80- foot wide right-of--way (to allow development of separate bike and pedestrian facilities) extending from the western intersection with. Mamalahoa Highway in the vicinity of the Vacuum Cooling Plant to its northern intersection with either Kamamalu Street or Mamalahoa Highway -44- in the vicinity of the Waimea Civic Center, (hereinafter referred to as the "connector road") is completed in its entirety; provided further that occupancy of any units within the second development increment does not precede the completion of the proposed connector road described above; (b) the entire connector road and its intersection(s) shall be identified by the applicant with the approval of the Department of Public Works prior to final subdivision approval of any residential development within the RS and/or RM zoned areas within the subject property or prior to issuance of a certificate of occupancy for any portion of the commercial areas of the subject property, whichever comes first. In the event that federal, state or other governmental funding or financing acceptable to the applicant becomes available for the construction of the entire connector road including improvements to its intersection(s), the applicant shall utilize the funding or financing to construct the connector road in a single phase, which shall be completed within three years of receipt of said funding or financing. In the event that the above federal, state or other governmental funding is not available or acceptable to the applicant, the connector road shall be constructed by the applicant in three phases. Phase 1 of the connector road shall be located between the extensions of Pu'ukalani Road and Kaomoloa Street, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that -45- Phase 1 of the connector road shall be completed no later than the issuance of building permits for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the three hundredth (300`") residential unit/lot within the RS and/or RM zoned areas. Phase 2 of the connector road shall be located between the Pu'ukalani Road extension and the northern intersection of the connector road with either Kamamalu Street or the Mamalahoa Highway in the vicinity of the Waimea Civic Center, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase 2 of the connector road shall be completed no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the four hundred fiftieth (450"') residential unit/lot within the RS and/or RM zoned areas. Phase 3 of the connector road shall be located between the extension of Kaomoloa Street and the western intersection of the connector road with Mamalahoa Highway in the vicinity of the Vacumn Cooling Plant, and shall be constructed in conjunction with the development of the immediately surrounding areas, provided further, that Phase 3 of the connector road shall be completed no later than the issuance of the building permit for the single-family dwellings, or the issuance of final plan approval for the multiple family units, as applicable, for the five hundred seventy-ninth (579"`) residential -46- lot/unit in the first development increment of the Waimea Town Center. In the event that the connector road shall intersect at its northern end with Kamamalu Road, the applicant shall improve within the existing. right-of- way, the portion of Kamamalu Road between its intersection with the connector road and Mamalahoa Highway, meeting with the requirements and approval of the Department of Public Works. The costs of such improvements shall be credited against the applicant's fair share contribution of the road assessment required in Condition H, herein. The entire connector road shall be constructed to the standards of the Department of Public Works; provided, however, that should it be determined by the Planning Director in consultation with the Department of Public Works that curbs, gutters and sidewalk improvements are needed, then, said improvements shall be installed along that portion of the road within the park, commercial and residential zoned lands at the time of development of any portion of those zoned lands. All lots shall gain access from interior roadways unless otherwise permitted by the Department of Public Works. In lieu of actual constnzction of the connector road, the applicant may enter into an agreement with the Planning Director and the Chief Engineer to assure the County that the applicable portion(s) of the connector road will be constructed by way of a surety bond, certified check or other security deemed acceptable to the Corporation Counsel and the Planning Director. Upon final execution of -47- such agreement and filing of the security with the County, subdivision plans and/or final plan approval plans for the next development phases maybe submitted and approved prior to the actual construction of the applicable portion(s) of the connector road in the prior phase: (c) intersection improvements, which may include channelization and traffic signals, shall be provided at the proposed connector road at its western intersection with Mamalahoa Highway in the vicinity of the Vacuum Cooling Plant and its northern intersection with either Kamamalu Street or the Mamalahoa Highway in the vicinity of the Waimea Civic Center, as required by the Department of Public Works. These improvements shall be constructed and installed in conjunction with the construction of the immediate surrounding portion(s) of the connector road. Should the County require improvements at the intersection of Kaomoloa Street and Mamalahoa Highway, the costs of these additional off site road and/or intersection improvements shall be credited against the applicant's fair share contribution of the road assessment required in Condition H herein; (d) Roadway and intersection improvements within Lindsey Road's existing right-of--way and its extension from its intersection with the Mamalahoa Highway to its intersection with the connector road shall be constructed meeting with the requirements and approval of the Department of Public -48- Works. These roadway and intersection improvements, to be dedicated to the County, shall be constructed and installed concurrently with any commercial development of the immediately surrounding commercial zoned area of the subject property and shall be completed prior to issuance of a certif cate of occupancy for that portion of the commercial development. (e) Lindsey Road extension from the connector road to the southeast boundary of the subject property's State Land Use Urban District, consisting of an 80-foot wide right-of--way with improvements meeting with the approval of the Department of Public Works, shall be constructed in conjunction with the completion of that portion of the State's Waimea Bypass Road located east of the subject property as required by the Department of Public Works and State Department of Transportation, and shall be dedicated to the County upon its completion. Upon the request of the Department of Public Works or the State Department of Transportation, the applicant shall submit for dedication to the County or State, as applicable, the 80-foot wide right-of--way for that portion of the Lindsey Road extension between the southeast boundary of the subject property's State Land Use Urban District and its intersection with the State's Waimea Bypass Road, with the value of dedicated land and improvements credited against the applicant's fair share contribution of the -49- road assessment required in Condition H herein; (f) prior to development of any portion of the Waimea Town Center Area, a comprehensive drainage study shall be conducted to determine the type of drainage improvements that would be required given the area's flooding history, geological composition and the amount of water to be generated by the proposed commercial and residential development. The study shall be reviewed and approved by the Department of Public Works and approved recommendations implemented as the development proceeds. Accordingly, a drainage system shall be installed meeting with the requirements of the Department of Public Works; (g) curb, gutter and sidewalk improvements shall be required within the commercial areas as development proceeds. The Planning Director, in consultation with the Department of Public Works, shall determine whether curb, gutter, and sidewalk improvements are needed within any or all portions of the residential areas at the time of plan approval or preliminary subdivision review of that portion of the subject property being developed. Should it be determined that said improvements are required, then, they shall be provided in conjunction with the development of the affected area(s); -50- (h) within the commercial zoned area, a minimum of ten acres of land shall be set aside for open space or park purposes for the general public. Said open space/park areas shall be in the general location of the heritage park as delineated in Exhibit "D" and shall be improved with amulti-purpose athletic field, meeting with the approval of the Planning Director in consultation with the Department of Parks and Recreation. The park and open space shall be available for use by the public in conjunction with the receipt of final subdivision or final plan approval for any development within the subject property. A document shall be duly recorded with the Bureau of Conveyances reserving said land in perpetuity as an open space/park easement, or similar legal encumbrance, in favor of the public prior to the opening of the open space/park area; (i) a sewage treatment plant shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health; (j) the applicant shall provide a minimum of 30 acres of land for public open space, park and recreational use within the Waimea Town Center, subject to conditions and limitations determined by the applicant meeting with the approval of the Planning Director in consultation with the Department of Parks and Recreation. The park or open space site set aside in Condition -51- TOWN CENTER (h) for public use shall be included in the 30-sere calculation. A conceptual park, recreational and open space plan, including the location of the park, recreational and open space site(s), accompanying land area, configuration, phasing of park site development with residential uses, ownership, control and maintenance of the site(s), conditions and limitations regarding the terms of use and hours of operation of the site(s), and improvements, shall meet with the approval of the Planning Director in consultation with the Department of Parks and Recreation prior to receipt of final subdivision or final plan approval for any residential units within the RS and/or RM zoned areas of the subject property. The park, recreation and open space areas shall be developed and available for public use in accordance with the approved plan. The value of dedicated land and improvements contributed for park, open space and/or recreational use for the public within the Waimea Town Center development area shall be credited against the applicant's fair share contribution relative the parks and recreation, as noted in Condition I-1 herein. Prior to the opening of any of the park, recreational, or open space areas required herein for public use, the applicant shall record a covenant or similar legal encumbrance meeting with the approval of the Planning Director, in consultation with the Corporation Counsel and the Department of Parks and Recreation, which shall obligate the subdividers, purchasers, occupants, and/or association in the affected residential units or -52- subdivision to maintain the park, recreational or open space areas in perpetuity; (k) as represented by the applicant, an equestrian trail shall be provided in conjunction with final subdivision approval or prior to issuance of a certificate of occupancy for any portion of the Waimea Town Center area residential or commercial development, respectively. An equestrian trail plan, which includes the trail alignment, physical improvements, connections, signage, ownership, control and maintenance, shall be approved by the Planning Director, in consultation with appropriate agencies, prior to submittal of any plans for subdivision or plan approval within the Waimea Town Center area; (2) INDUSTRIAL PARK AREA - (a) Upon compliance with Conditions of OVERALL DEVELOPMENT B, subdivision plans for the industrial park or portions thereof, shall be submitted to the Planning Department within one year from the effective date of the rezoning as determined in Condition B and tentative subdivision approval shall be secured within one year thereafter. Final subdivision approval shall be secured within two years from the date of submitting final subdivision plans; -53- (b) access onto Mamalahoa Highway shall meet with the approval of the Department of Public Works and the Department ofTransportation- Highways Division. Intersection improvements (i.e., channelization) at Mamalahoa Highway and the industrial park access road, as required by the Department of Public Works, shall be completed in conjunction with final subdivision approval of any portion of the industrial development; (c) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (d) a master landscaping plan for the industrial park area shall be submitted for review and approval by the Planning Department prior to submitting plans for the subdivision. The master landscaping plan shall provide methods of landscaping (I) those areas that would be visible from areas of travel (Mamalahoa Highway) or would impact existing or future adjacent uses and (ii) interior lots within the development. Certain landscape buffers identified in Condition d(I) herein shall be established (planted) in conjunction with final subdivision approval of any portion of the industrial development. The guidelines set forth in the master landscaping plan for interior lots, shall be included in the covenants for each lot. During plan approval review of individual lot development, the guidelines shall be utilized to minimize adverse noise and visual impacts; and -54- (e) the method of sewage disposal shall meet with the approval of the appropriate governmental agencies. SECTION 5. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 6. This ordinance shall take effect upon its approval." INTRODUCED BY: • CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AI~U L;1CiALITY CORPORATION COUNSEL DATED: -55- `~z!~ ~ ,.:~y,.. 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