HomeMy WebLinkAboutORD 2003-149 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 128
ORDINANCE NO. U:~ ~
AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKO-ANAEHOOMALU ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY
RESIDENTIAL (RM-3) TO SINGLE-FAMILY RESIDENTIAL (RS-20) AT WAIKOLOA,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-27:1, 3-7, 9-12, 16-27,
AND 29-35.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-13, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated Waikoloa, South Kohalu,
Hawaii, shall be Single-Family Residential (RS-20):
Parcel A:
Beginning at the Northeasterly corner of this parcel of land, being also the
Southeasterly comer of Lot 2 of Champion Ridge at Mauna Lani (File Plan 2003) and
being a point on the Westerly side of West Pukaua Place, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU HINAI" being
12,654.15 feet North and 29,476.94 feet West and running by azimuths measured
clockwise from True South:
Thence, following along the Southerly side of West Pukaua Place on a curve to
the left with a radius of 260.00 feet, the
chord azimuth and distance being:
1. 3 ] 4° 00' 29.93 feet to a point;
2. 310° 42' 62.55 feet along the Southerly side of West Pukaua
Place to a point;
-1-
Thence, for the next three (3) courses following the Westerly side of Pukaua
Street:
Thence, following on a curve to the right with a radius of 20.00 feet, the chord
azimuth and distance being:
3. 355° 21' 28.11 feet to a point;
4. 40° 00' 119.53 feet to a point;
Thence, following on a curve to the right with a radius of 30.00 feet, the chord
azimuth and distance being:
5. 87° 1 T 44.08 feet to a point;
Thence, following along the Northerly side of Pukaua Street and along Lot 3 of
Mauna Lani Resort, Grove Subdivision (File
Plan 2204) and along the remainder of Royal
Patent 5671, Land Commission Award
8521-B, Apana 1 to G. D. Hueu on a curve
to the right with a radius of 1,290.00 feet,
the chord azimuth and distance being:
6. 136° 48' 37.5" 101.01 feet to a point;
7. 227° 18' 161.62 feet along Lot 2 of Champion Ridge at
Mauna Lani (File Plan 2003) and along the
remainder of Royal Patent 5671, Land
Commission Awazd 8521-B, Apana 1 to
G. D. Hueu to the point of beginning and
containing an area of 20,154 Square Feet.
Parcel B:
Beginning at the Southeasterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 of Champion Ridge at Mauna Lani (File Plan 2003) and
being a point on the Westerly side of West Pukaua Place, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU HINAI" being
12,736.45 feet North and 29,528.27 feet West and running by azimuths measured
clockwise from True South:
Thence, for the next ten (10) courses following along the remainder of Royal
Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
-2-
1. 68° 48' 177.09 feet along Lot 2 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
Thence, for the next three (3) courses following along Lot 3 of Mauna Lani
Resort, Grove Subdivision (File Plan 2204):
Thence, following on a curve to the right with a radius of 1,290.00 feet, the chord
azimuth and distance being:
2. 151 ° 00' 27" 216.00 feet to a point;
Thence, following on a curve to the left with a radius of 200.00 feet, the chord
azimuth and distance being:
3. 147° 21' 48" 58.76 feet to a point;
4. 138° 55' 10.37 feet to a point;
Thence, for the next four (4) courses following along Lot 4 of Mauna Lani Resort,
Grove Subdivision (File Plan 2204):
5. 248° 00' 152.00 feet to a point;
6. 219° 38' 30" 128.78 feet to a point;
7. 186° 35' 20" 263.31 feet to a point;
8. 243° 25' 83.99 feet to a point;
9. 327° 49' 182.55 feet along Lot 8 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
Thence, following along Lot 8 of Champion Ridge at Mauna Lani (File Plan
2003) on a curve to the right with a radius of
10.00 feet, the chord azimuth and distance
being:
10. 5° 39' S7" 12.27 feet to a point;
Thence, for the next three (3) courses following along the Westerly side of West
Pukaua Place:
-3-
Thence, following on a curve to the left with a radius of 125.00 feet, the chord
azimuth and distance being:
11. 31 ° 59' 27" 49.95 feet to a point;
12. 20° 28' 259.85 feet to a point;
Thence, following on a curve to the left with a radius of 260.00 feet, the chord
azimuth and distance being:
13. 359° 38' 184.94 feet to the point of beginning and containing
an area of 2.820 Acres.
Prcl
Beginning at the Southwesterly corner of this parcel of land, being also the
Southwesterly corner of Lot 12 and the Northwesterly corner of Lot 13 of Champion
Ridge at Mauna Lani (File Plan 2003) and being a point on the Northeasterly side of
West Pukaua Place, the coordinates of said point of beginning referred to Govenunent
Survey Triangulation Station "PUU HINAI" being 13,116.08 feet North and 29,152.02
feet West and running by azimuths measured clockwise from True South:
Thence, for the next four (4) courses following along the Northeasterly side of
West Pukaua Place:
Thence, following on a curve to the left with a radius of 50.00 feet, the chord
azimuth and distance being:
1. 149° 48' 43" 83.15 feet to a point;
Thence, following on a curve to the right with a radius of 50.00 feet, the chord
azimuth and distance being:
2. ll 4° 15' 43" 35.36 feet to a point;
3. 134° 58' 10.00 feet to a point;
Thence, following on a curve to the left with a radius of 125.00 feet, the chord
azimuth and distance being:
4. 98° 51' 46" 147.3] feet to a point;
Thence, for the next nine (9) courses following along the remainder of Royal
-4-
Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
Thence, following along Lot 8 of Champion Ridge at Mauna Lani (File Plan
2003) on a curve to the right with a radius of
10.00 feet, the chord azimuth and distance
being:
5. 105° 1 T 16" 13.52 feet to a point;
6. 147° 49' 176.42 feet along Lot 8 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
Thence, for the next five (5) courses following along Lot 4 of Mauna Lani Resort,
Grove Subdivision (File Plan 2204) to a point;
7. 243° 25' 40.91 feet to a point;
8. 231° 30' 64.99 feet to a point;
9. 285° l0' 357.00 feet to a point;
10. 321° 43' 184.82 feet to a point;
11. 0° 45' 128.36 feet to a point;
12. 44° 56' 61.02 feet along Lot 14 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
l3. 116° 04' 187.10 feet along Lot 13 of Champion Ridge at
Mauna Lani (File Plan 2003) to the point of
beginning and containing an area of 2.464
Acres.
Par
Beginning at the Northwesterly corner of this parcel of land, being also the
Westernmost comer of Lot 15 of Champion Ridge at Mauna Lani (File Plan 2003) and
being a point on the Easterly side of West Pukaua Place, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PLTU HINAI" being
13,053.66 feet North and 29,426.71 feet West and running by azimuths measured
clockwise from True South:
Thence, for the next six (6) courses following along the remainder of Royal Patent
5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
-5-
1. 290° 28' 170.83 feet along Lot 15 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
Thence, for the next five (5) courses following along Lot 14 of Champion Ridge
at Mauna Lani (File Plan 2003):
2. 18° 32' 86.69 feet to a point;
Thence, following on a curve to the left with a radius of 150.00 feet, the chord
azimuth and distance being:
3. 344° 3T 167.40 feet to a point;
4. 310° 42' 12.00 feet to a point;
5. 40° 00' 162.65 feet to a point;
Thence, following on a curve to the right with a radius of 10.00 feet, the chord
azimuth and distance being:
6. 85° 21' 14.23 feet to a point;
Thence, for the next three (3) courses following along the Easterly side of West
Pukaua Place:
7. 130° 42' 83.58 feet to a point;
Thence, Following on a curve to the right with a radius of 210.00 feet, the chord
azimuth and distance being:
8. 165° 35' 240.20 feet to a point;
9. 200° 28' 159.85 feet to the point of beginning and containing
an area of L642 Acres.
Parc 1
Beginning at the Northeasterly corner of this parcel of land, being also a point on
the Northerly side of East Pukaua Place, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PtN HINAI" being 12,783.61 feet
North and 28,860.19 feet West and running by azimuths measured clockwise from True
South:
-6-
Thence, for the next seven (7) courses following along the Northerly side of East
Pukaua Place:
Thence, following on a curve to the left with a radius of 50.00 feet, the chord
azimuth and distance being:
1. 334° 54' 38.43 feet to a point;
2. 312° 18' 9.61 feet to a point;
Thence, following on a curve to the right with a radius of 80.00 feet, the chord
azimuth and distance being:
3. 350° 53' 37" 99.81 feet to a point;
Thence, following on a curve to the right with a radius of 240.00 feet, the chord
azimuth and distance being:
4. 44° 44' 36" 126.31 feet to a point;
5. 60° 00' 90.00 feet to a point;
Thence, following on a curve to the right with a radius of 240.00 feet, the chord
azimuth and distance being:
6. 95° 21' 277.71 feet to a point;
7. 130° 42' 65.43 feet to a point;
Thence, for the next five (5) courses following along Lot 14 of Champion Ridge
at Mauna Lani (File Plan 2003) and along the remainder of Royal Patent 5671,
Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
Thence, following on a curve to the right with a radius of 10.00 feet, the chord
azimuth and distance being:
8. 175° 21' 14.06 feet to a point;
9. 220° 00' 162.89 feet to a point;
10. 310° 42' 38.00 feet to a point;
-7-
Thence, following on a curve to the left with a radius of 100.00 feet, the chord
azimuth and distance being:
11. 252° 49' 169.39 feet to a point;
12. 194° 56' 110.00 feet to a point;
13. 296° 08' 146.14 feet to the point of beginning and containing
an azea of 2.304 Acres.
Pazcel F:
Beginning at the Southwesterly corner of this parcel of land, being also the
Northwesterly corner of Lot 28 of Champion Ridge at Mauna Lani (File Plan 2003) and
being a point on the Easterly end of East Pukaua Place, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PLJU HINAI" being
12,684.65 feet North and 28,650.89 feet West and running by azimuths measured
clockwise from True South:
Thence, following along the Easterly end of East Pukaua Place on a curve to the
left with a radius of 50.00 feet, the chord
azimuth and distance being:
1. 163° 03' 39" 80.55 feet to a point;
Thence, following along the Easterly end of East Pukaua Place on a curve to the
right with a radius of 300.00 feet, the chord
azimuth and distance being:
2. 120° 51' 09" 1 l 9.08 feet to a point;
Thence, following along the Northerly side of East Pukaua Place on a curve to the
left with a radius of 50.00 feet, the chord
azimuth and distance being:
3. 79° 49' 79.32 feet to a point;
Thence, for the next five (5) courses following along the remainder of Royal
Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu:
4. 116° 08' 144.99 feet along Lot 14 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
-8-
5. 194° 56' 168.51 feet along Lot 14 of Champion Ridge at
Mauna Lani (File Plan 2003) to a point;
Thence, for the next three (3) courses following along Lot 4 of Mauna Lani
Resort, Grove Subdivision, (File Plan 2204);
6. 278° 40' 217.] l feet to a point;
7. 309° OS' 237.15 feet to a point;
8. 301° 40' 259.77 feet to a point;
9. 49° 55' 141.99 feet along the Northerly side of South
Kaniku Drive to a point;
10. l OS° 02' 228.48 feet along Lot 28 of Champion Ridge at
Mauna Lani (File Plan 2003) and along the
remainder of Royal Patent 5671, Land
Commission Award 8521-B, Apana 1 to
G. D. Hueu to the point of beginning and
containing an area of 2.623 Acres.
P r 1
Beginning at the Southeasterly corner of this parcel of land, being also the
Southwesterly corner of Lot 28 of Champion Ridge at Mauna Lani (File Plan 2003) and
being a point on the Northerly side of South Kaniku Drive, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "PUU HINAI" being
12,510.06 feet North and 28,570.76 feet West and running by azimuths measured
clockwise from True South:
Thence, following along the Northerly side of South Kaniku Drive on a curve to
the right with a radius of 1,970.00 feet, the
chord azimuth and distance being:
1. 62° 54' 16" 701.40 feet to a point;
Thence, for the next five (5) courses following along the Northeasterly side of
Pukaua Street:
Thence, following on a curve to the right with a radius of 30.00 feet, the chord
azimuth and distance being:
-9-
2. 109° 13' 46" 35.33 feet to a point;
3. ] 45° 18' 22.19 feet to a point;
Thence, following on a curve to the left with a radius of 370.00 feet, the chord
azimuth and distance being:
4. 135° 29' 126.17 feet to a point;
5. 125° 40' 54.00 feet to a point;
Thence, following on a curve to the right with a radius of 1,290.00 feet, the chord
azimuth and distance being:
6. 127° 1 T 41" 73.30 feet to a point;
Thence, for the next three (3) courses following along the Easterly side of Pukaua
Street:
Thence, following on a curve to the right with a radius of 30.00 feet, the chord
azimuth and distance being:
7. 174° 2T 41" 42.82 feet to a point;
8. 220° 00' 122.04 feet to a point;
Thence, following on a curve to the right with a radius of 20.00 feet, the chord
azimuth and distance being:
9. 265° 21' 28.46 feet to a point;
Thence, for the next five (5) courses following along the Southerly side of East
Pukaua Place:
10. 310° 42' 42.46 feet to a point;
Thence, following on a curve to the left with a radius of 290.00 feet, the chord
azimuth and distance being:
11. 275° 21' 335.57 feet to a point;
12. 240° 00' 90.00 feet to a point;
-10-
Thence, following on a curve to the left with a radius of 290.00 feet, the chord
azimuth and distance being:
13. 224° 15' 30" 157.35 feet to a point;
Thence, following on a curve to the ]eft with a radius of 80.00 feet, the chord
azimuth and distance being:
14. 233° 41' 20" 68.05 feet to a point;
15. 315° 48' 214.42 feet along Lot 28 of Champion Ridge at
Mauna Lani (File Plan 2003) and along the
remainder of Royal Patent 5671, Land
Commission Award 8521-B, Apana 1 to G.
D. Hueu to the point of beginning and
containing an area of 3.810 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a par[ hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai `i County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
-11-
B. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
C. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
D. An annual progress report shalt be submitted to the Planning Director prior to the
anniversary date of enactment of the 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.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
. ~
CO CIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: October 22, 2003
Date of 1st Reading: October 22, 2003
Date of 2nd Reading: November 5, 2003
Effective Date: November 14, 2003
kCFckEhiC:i: Ca~~m. x_290_...__.. -12-
OI'[N
PARCEL"C" ~ ~i PARCEL"D"
cv- I o MULTIPLE-FAMILY RESIDENTIAL(RM-3) cv- I o MULTIPLE-FAMILY RESIDENTIAL (RM-3)
- TOSINGLE-FAMILY RESIDENTIAL R~S++-20 - - - TOSINGLE-FAMILY RESIDENTIAL (RS•20) ~
OPEN ~ AREA = 2.464 ACRES AREA = 1.642 ACRES
PARCEL"B„ cv-lo P.M-3 II
MULTIPLE-FAMILY RESIDENTIAL (RM-3) r~n_
d~~i/y TOSINGLE-FAMILY RESIDENTIAL RS•20
dAi AREA = 2.820 ACRES oPEN
j OF~EIV
PARCEL"E" i
N MULTIPLE-FAMII-Y RESIDENTIAL (RM•3)
OPEN TOSINGLE-FAMILY RESIDENTIAL R( 5-20)
i AREA = 2.304 ACRES _ -
/ cv-io w ~ E
17,057.66 N
OPEN
19,41G.71 W Qv OPEN
KM-3 "PUU NINAI"®
m
S J R~4- - 12,787.61 N
j' ~ 28,868.19W Q~•
i
- Q-~ ~ "PUU NINAI"g
~~y-- - 19,152.81 W ~ ~
- "PUU HINAI"St ~ ~~'O~~
OPEN. 12, 776.46N ~ ~ RM-3 50
29, 628.17W
"PUUHINAI"® ~ ' ~ A-5a
m ~ ~~3
3 ~
~ 12,654.16N ~,r
~ RM-.3 29,476.94W ~ a'bQ-'
~ "PUU NINAI"® S~QV~
PARCEL"A" ~ - ~ ~ 1z,684.66N
MULTIPLE-FAMILY RESIDENTIAL(RM-3) 'Fap~ ~ za,eso.e9w
7'O SINGL.E-FAMILY RESIDENTIAL RS-20 S "PUU NINAI"B,
OPEN r! 11,6f0.06N
AREA = 20,154 SQ. FT. z9,s79.7G w
"PUU NINAI"aa
- - PARCEL"F"
MULTIPLE-FAMILY RESIDENTIAL (RM•3)
South Kaniku Dr. PARCEL "G" TO SINGLE-FAMILY RESIDENTIAL (RS-20
MULTIPLE-FAMILY RESIDENTIAL (RM•3) AREA=2.623 ACRES
j TOSINGLE-FAMILY RESIDENTIAL (RS-20
AREA =
3.610 ACRES '
j A-Sa
n-sa
650 325 0 650 1,300 1,950
Feel
;AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-13 (PUAKO-ANAEHOOMALU ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, j
I BY CHANGING THE DISTRICT CLASSIFICATION
FROM MULTIPLE-FAMILY RESIDENTIAL (RM-3)
TO SINGLE-FAMILY RESIDENTIAL (RS-20)
'I AT WAIKOLOA, SOUTH KOHALA, HAWAII
II PREPARED BY: PLANNING DEPARTMENT
TMK6-6-027001,003-007,009-012,016-027 & 029-035 - COUNTY ~F I•'IAWAII - - Date: June 20, 2003)
EXF91617 "Q" (THE CHAMPION RIDGE:1103)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii r'-~~~~
(DRAFT 2)
- ROLt_ g
Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX ~
Dale hrtroduced: October 22, 2003 Arakaki X ~ ~r
Eirel Reading: October 22, 2003 Chung X
Published: N/A Elarionoff X
Ilolschnh X
Rfl'M.4Rh"S: (By Request) Jacobson X
Reynolds X
Safarik - - - - X - - - -
-
l~ulang X
"I~yler - X
- _
- - _ _ _ - 0 0
Second Reading: November 5, 2003 - _ i ROLL CALL VO'I~1!
To Mayor: November 7, 2003 AYES NOP.S ABS EX
Returned: Nnvam ar 17_,_2.0_0.3--_.. _ _ Arakaki X
Lflectivc: ~epxhar 1d. 7004_ Chung X
Published: November 30, _2003 Elarionoff X
Iiolschuh X
- -
RGMARh:S: 'Jacobson X
- -
Reynolds X
- - - -
Situik X
fulang X
I ylei X
- ~ 9 - O L 0
l DO HF_RE13Y CF,R77FYlhat the%r•egoing B/LL N~as adopted br /he Cou~rh~ Council pa~hlished as
indreatcd above.
i
APPROVED AS TO i j~7
FORM AND LEGALITY:
P~~ C L CHA/RM4N
DEPUTY CORPORATIONCOUNSEL
COUNTY OF HAWAII
C O(!NT1' C'LF.Rti
Date 1 ~ ~ ~
CJ_-~-
~ Bill No.: I ~ 8
rC-~ Reference: C-290/PC~-59
.4pprottel/ lcupprort'd t/iis I ~ dqr - -
q
Ord No.: ~ 1. ~s.
n/ o l~P.tin D.r '0 0 9 -
1`- -
~ YOK, C) , TY Oh' 1 fA 4V~11/