HomeMy WebLinkAboutORD 2002-025 2000-2002COUNTY OFI iA A�` STATE OF HAWAII
...................... .
BILL NO. 152
(Draft 2)
ORDINANCE NO. 02 2 35
AN ORDINANCE AMENDING ORDINANCE NO. 96-117, WHICH AMENDED
SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND
SECTION 25-95E (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 92-65 BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -40a) AND
(A -3a); SINGLE 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 AGRICULTURAL (A -40a), PRESIDENTIAL AND AGRICULTURAL (RA -la), SINGLE
FAMILY RESIDENTIAL (RS -7.5) AND (RS -10); MULTIPLE FAMILY RESIDENTIAL (RM -
5.0); VILLAGE COMMERCIAL (CV -7.5); AND LIMITED INDUSTRIAL (ML -20) AT OULI,
LANIKEPU, LALAMILO, WAIKOLOA AND PUUKAPU, WAIMEA, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-2-01:9; 6-7-01:PORTION OF 25; 6-7-02:9,48,
AND PORTION OF 17; AND 6-8-01: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 corner of this parcel of land, on the Westerly side of Mamalahoa
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. 960 00' 945.00feet along the remainder of R.P. 5671, L.C. Aw. 8521-13,
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. 2760 00' 945.00feet along the remainder of R.P. 5671, L.C. Aw. 8521-13,
Apana 1 to G.D. Hueu;
4. 60 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. 1860 O1' 307.48 feet along the Easterly side of Mamalahoa
Highway;
2. 2110 38' 235.57 feet along the Easterly side of Mamalahoa
Highway;
3.
3210 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.
1310
51'
44.90
feet along Lot 1 of Ainakokua
Subdivision, Unit "A";
6.
2150
44'
149.65
feet along Lots 1 and 2 of Ainakokua
Subdivision, Unit "A";
7.
2240
39'
62.10
feet along Lot 3 of Ainakokua
Subdivision, Unit "A";
8.
1320
01'
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.
1250
31'
25.97
feet along Lot 4 of Ainakokua
Subdivision, Unit "A";
11.
2110
38'
338.91
feet along Lots 5, 6 and 7 of Ainakokua
Subdivision, Unit "A";
12.
1210
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.
2140
47' 30"
46.60
feet along Lot 8 of Ainakokua
Subdivision, Unit "A";
15.
2150
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.
3060
42' 30"
37.05
feet along Lot 11-B of Ainakokua
Subdivision, Unit "A";
18.
2170
56'
112.97
feet along Lot 11-B of Ainakokua
Subdivision, Unit "A", to a rebar (found);
-3-
19. 120° 46' 172.00 feet along Lot 11-B of Ainakokua
Subdivision, Unit "A", to a rebar (found);
20. 2110 38' 168.00 feet along the Easterly side of Mamalahoa
Highway;
21. 3140 38' 280.92 feet along Lots 1-C and 2-A, along the
remainder of Grant 5183-B to Annie T.K.
Parker;
22. 2240 38' 254.67 feet along Lots 2-A, 2-13 and 2-C, along
the remainder of Grant 5183-B to Annie
T.K. Parker;
23. 2130 23' 56" 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:
3000 51' 55" 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:
3410 36'42" 27.42 feet;
26. 2960 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:
2490 53' 30" 28.28 feet;
28. 2040 53' 30" 30.00 feet along the Easterly end of Kaomoloa
Road;
29. 2940 53' 30" 227.78 feet along the remainders of Grant 9879 to
A.W. Carter, Trustee and R.P. 5671, L.C.
Aw. 8521-13, Ap. 1 to G.D. Hueu;
30. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu, on a
-5-
curve to the
right with a radius of 1,200.00 feet, the
chord azimuth and distance being:
3160 37' 26" 888.65 feet;
31. 3380 21' 22"
253.01 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
32. 680 21' 22"
411.32 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
33. 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 1,000.00 feet, the
chord azimuth and distance being:
54051'01.5" 467.08 feet;
34. 41 ° 20' 41"
339.10 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu;
35. Thence along the remainder of
R.P. 5671, L.C. Aw. 8521-13, 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:
660 43' 35.5" 943.03 feet;
36. 1820 06' 30"
286.84 feet along the remainder of R.P. 5671,
L.0 Aw. 8521-B, Ap. 1 to G.D. Hueu;
37. 2460 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
Roadway, Governor's Executive Order
1965 (C.S.F. No. 13378), passing over a
"+" cut (found) at 30.79 feet;
39. 530 39' 30"
312.00 feet along Lalamilo Reservoir Site,
Governor's Executive Order 1965 (C.S.F.
-5-
No. 13378) to a 1-1/4 inch pipe (found);
40. 3230 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. 660 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. 960 01' 453.92 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, 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. 1580 21' 22" 253.01 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu;
2. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-13, 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:
1360 37' 26" 888.65 feet;
3. 1140 53' 30" 227.78 feet along the remainders of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu
and Grant 9879 to A.W. Carter, Trustee;
4. 2040 53' 30" 30.00 feet along the Easterly end of Kaomoloa
Road to a'/2 inch pipe (found);
5. 2940 53' 30" 64.00 feet along Lot 22 of Kaomoloa
Subdivision, Increment 2 (File Plan 1683)
to a'/z inch pipe (found);
6. 2250 12' 32.52 feet along Lot 22 of Kaomoloa
Subdivision, Increment 2 (File Plan
1683);
7. 2320 17' 733.78 feet along Lots 22, 21, 20, 19, 18, 17, 16
and 15 of Kaomoloa Subdivision,
Increment 2 (File Plan 1683);
8. 3220 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. 2480 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. 3060 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. 360 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);
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. 8521-13, Ap. 1 to
G.D. Hueu, on a curve to the right with a
radius of 1,000.00 feet, the chord azimuth
-7-
and distance being:
520 40'22" 540.64 feet;
13. 680 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 of beginning and containing an
area of 25.042 Acres. (REFER TO
PARCEL 2 AS SHOWN ON EXHIBIT
TIMI)
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 ]eft with a radius of
8,065.00 feet, the chord azimuth and
distance being:
530 50'41.4" 404.99 feet;
2
9
0
520 24' 22" 55.91 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);
1420 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);
52° 24' 22" 465.00 feet along the remainder of Deed:
Hawaiian Homes Commission to
Richard Smart dated July 7, 1956 and
-8-
recorded in Liber 3138, Page 426 (C.S.F.
No. 12243);
5. 3220 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. 520 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. 3220 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:
530 41' 57.3" 358.15 feet;
10. 1130 33' 30"
1,268.18 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;
11. 910 16' 30"
88.16 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
12. 850 49' 202.56 feet along the remainder of R.P. 5 67 1,
M
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu;
13. 890 29' 271.64 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu;
14. 920 40' 30" 24.88 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
15. 1530 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:
2320 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. 8521-13, 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:
2340 51' 01.5" 467.08 feet;
19. 2480 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-B, Ap. 1 to G.D. Hueu and
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:
2320 40' 22" 540.64 feet;
21. 2160 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. 3060 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. 360 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:
3580 16' 32" 171.60 feet;
25. 80 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. 3210 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 EXHIBIT
"A")
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:
-11-
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.
3220
15'
151.15 feet along the remainder of Grant
5183-A to Annie T.K. Parker;
4.
2320
15'
15.38 feet along the remainder of Grant
5183-A to Annie T.K. Parker;
5.
3220
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:
3260 41' 16" 470.45 feet;
7.
333°
05' 50"
216.25 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
8.
2290
18'
311.62 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu;
9.
1390
18'
104.80 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to_G.D. Hueu;
10.
2500
05'
468.58 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
11.
2050
39' 03"
99.89 feet along R.P. 5671, L.C. Aw. 8521-B,
Ap. 1 to G.D. Hueu;
12.
2050
48'
18.11 feet along R.P. 5671, L.C. Aw. 8521-B,
Ap. 1 to G.D. Hueu;
13.
2190
51' 30"
147.30 feet along the remainder of Deed:
Hawaiian Homes Commission to Richard
-12-
14.
331°
48'
Liber 3138, Page 426 (C.S.F. No. 12243);
15.
2590
30'
feet along L.C. Aw. 4037 to A.D. Allen;
16.
1590
00'
feet along L.C. Aw. 4037 to A.D. Allen;
17.
700
30'
Hawaiian Homes Commission to Richard
18.
1460
36'
30"
19.
2390
44'
30"
20.
2380
57'
40"
21.
2390
42'
20"
22.
3350
25'
feet along R.P. 5671, L.C. Aw. 8521-B,
23.
2390
07'
feet along Deed: Hawaiian Homes
24.
Thence
along the remainder of Deed:
-13-
Smart dated July 7, 1956 and recorded in
Liber 3138, Page 426 (C.S.F. No. 12243);
180.00
feet along L.C. Aw. 4037 to A.D. Allen;
416.00
feet along L.C. Aw. 4037 to A.D. Allen;
427.26
feet along L.C. Aw. 4037 to A.D. Allen;
233.64
feet along L.C. Aw. 4037 to A.D. Allen;
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);
296.53
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
105.54
feet along R.P. 5671, L.C. Aw. 8521-B,
Ap. 1 to G.D. Hueu;
259.43
feet along R.P. 5671, L.C. Aw. 8521-B,
Ap. 1 to G.D. Hueu;
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);
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);
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
-13-
25. 3340 43' 22"
26. Thence along the remainders of Deed
27. 3170 48' 22"
28. Thence along the remainder of Deed
29. 50°
30. 14°
31. 91°
distance being:
3480 17' 06" 171.19 feet;
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);
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;
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);
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:
358° 09' 22" 1,046.62 feet;
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);
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' 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);
M
32. Thence along the remainder of Deed:
33. 510 42' 52"
34. Thence along the remainder of Deed
35. 148" 49' 22"
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 right with a radius of
500.00 feet, the chord azimuth and
distance being:
260 26' 35" 426.91 feet;
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);
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:
1450 16' 07" 123.98 feet;
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);
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:
1370 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. 680 15' 13" 76.32 feet along the remainder of Deed:
Hawaiian Homes Commission to Richard
Smart dated July 7, 1956 and recorded in
-15-
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"44'01" 658.77 feet;
40. 1690 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:
1610 51' 31 " 210.54 feet;
42. 630 53' 49" 111.58 feet along Waimea Elementary and
Intermediate School Lot, Governor's
Executive Order No. 3454 (C.S.F. No.
21161);
43. 1450 26' 371.30 feet along Waimea Elementary and
Intermediate School Lot, Governor's
Executive Order 2954 (C.S.F. No.
17634);
44. 1400 18' 30" 12.77 feet along Waimea Elementary and
Intermediate School Lot, Governor's
Executive Order 2954 (C.S.F. No.
17634);
45. 2340 00' 30" 129.75 feet along the remainder of R. P. 5671,
L.C. Aw. 8521-13, 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:
Irem
1430 07' 45" 90.84 feet;
47. 1420 15' 127.91 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
48. 2190 29' 14.94 feet along Government Land;
49. 1420 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:
1.
3290
07'
408.13
feet along the Southwesterly side of
Kamamalu Street to a 1-1/4 inch pipe
(found);
2.
590
07'
125.00
feet along the remainder of Grant 5973 to
Charles Baker;
3.
3290
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;
-17-
7
D
10
750 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);
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:
48021'22" 272.339 feet;
210 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);
450 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);
11. Thence along the remainders of Deed
12. 1540 43' 22"
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:
1470 09' 742.16 feet;
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
-18-
distance being:
1680 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. 3290 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. 2110 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
the left with a radius of 620.00 feet, the
chord azimuth and distance being:
1850 17'46.5" 537.81 feet;
19. 2390 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 -1 a):
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:
-19-
2
3
9
5
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:
730 19' 09.5" 354.65 feet;
1620 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);
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:
700 26' 52" 455.07 feet;
3380 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);
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:
650 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:
1810 49' 07.5" 304.27 feet;
7. 2160 17' 52" 71.03 feet along the remainder of Deed:
-20-
D
Hawaiian Homes Commission to Richard
Smart dated July 7, 1956 and recorded in
Liber 3138, Page 426 (C.S.F. No. 12243);
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:
2140 20' 33" 220.00 feet;
1940 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. 2300 03' 22"
11. Thence along the remainder of Deed
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);
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:
1780 09' 22" 1,046.62 feet;
12. 1370 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. 2250 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. 2010 21' 22" 175.85 feet along the remainder of Deed:
Hawaiian Homes Commission to Richard
Smart dated July 7, 1956 and recorded in
-21-
15. Thence along the remainder of Deed
Liber 3138, Page 426 (C.S.F. No. 12243);
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. 3290 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")
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. 1410 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. 1880 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,
-22-
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:
1780 16'32" 171.60 feet;
4. 2160 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. 3060 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,
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:
3170 54' 22" 378.76 feet;
7. 3280 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:
3250 16' 07" 123.98 feet;
9. 231" 42' 52" 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
-23-
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:
2060 26' 35" 426.91 feet;
11. 2710 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
13
14
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:
340 20' 33" 220.00 feet;
360 17' 52" 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);
Thence along the remainder of Deed
15. Thence along the remainder of Deed
16. 3310 18' 58"
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:
10 49' 07.5" 304.27 feet;
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:
610 54' 57" 169.15 feet;
15.00 feet along the remainder of Deed:
Hawaiian Homes Commission to Richard
-24-
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:
580 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,
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:
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. 8521-13, Ap. 1 to
G.D. Hueu;
2. 2930 33' 30" 1,268.18 feet along the remainders of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu
and 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 right with a radius of
-25-
7,935.00 feet, the chord azimuth and
distance being:
550 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:
570 21' 54" 346.91 feet;
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:
600 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
"All)
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
-26-
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. 1860 Ol'
182.19
feet along the Easterly side of
Mamalahoa Highway;
2. 2460 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. 20 06' 30"
286.84
feet along the remainder of R.P. 5 67 1,
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
G.D. Hueu, on a curve to the left with a
radius of 1,100.00 feet, the chord azimuth
and distance being:
2570 56' 30" 538.44 feet;
5. 333° 46' 30"
263.08
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, 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. 840 21'
285.04
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
8. 970 09'
165.55
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
9. 660 52' 30"
14.96
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D Hueu;
10. 940 51'
109.84
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. 1 to G.D. Hueu;
11. 890 11'
496.05
feet along the remainder of R.P. 5671,
L.C. Aw. 8521-13, Ap. 1 to G.D. Hueu to
the point of beginning and containing an
area of 5.951 Acres. (REFER TO
-27-
PARCEL 9 AS SHOWN ON EXHIBIT
"Alf)
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. 2760 01' 453.92 feet along the remainder of R.P. 5671,
L.C. Aw. 8521-B, Ap. I to G.D. Hueu;
2. 660 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. 1860 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
-28-
and 1-13 (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. 1190 30' 946.02 feet along Lots 7, 8, 9, 10 and 23 of
Kamuela View Estates, Units 1-A
and 1-13 (File Plan 1620);
2. 1920 35'
2,155.00 feet along the Government Land of
Momoualoa:
3. 1980 34' 1,194.15 feet along the Government Land of
Momoualoa:
4. 2760 02' 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:
3100 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 -I 1-A), on a
curve to the left with a radius of
551.70 feet, the chord azimuth and distance being:
3270 43' 324.14 feet;
8. 3100 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:
-29-
2870 07' 30" 422.10 feet;
10. 263° 37' 20.00 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A );
11. 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:
2730 04' 30" 124.99 feet;
12. 3090 44' 66.70 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A);
13. 2550 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:
3060 25' 30" 124.99 feet;
15. 3150 53' 542.70 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A);
16. 3210 32' 30"
17. 3430 27'
18. 3530 00'
19. 5° 46'
75.00 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A );
171.90 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A );
80.00 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A );
291.20 feet along the Southwesterly side of
-30-
20. 250 00'
21. 3580 00'
22. 3430 53'
23. 3110 00'
Kohala Mountain Road (F.A.P.
E -11-A );
100.00 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A);
100.00 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A);
123.60 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A );
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:
2870 32' 506.63 feet;
25. 2510 04' 1.60 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A );
26. 2740 00' 180.00 feet along the Southwesterly side of
Kohala Mountain Road (F.A.P.
E -11-A);
27. 2900 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.
-31-
E -11-A), on a curve to the left with a
radius of 440.30 feet, the chord
azimuth and distance being:
2960 39' 30" 158.59 feet;
30. 2860 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
a radius of 570.00 feet, the chord
azimuth and distance being:
2890 42' 67.94 feet;
32. 3140 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. 170 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.
890
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:
-32-
36. 500 04'
37. 700 15'
38. 83° 10'
39. 1160 15'
40. 990 07'
41. 1380 49'
42. 1080 17'
43. 550 05'
44. 910 02'
45. 750 52'
46. 880 34'
47. 800 37'
30" 237.95
571.79
354.45
131.74
148.37
43.18
123.55
84.87
86.26
94.11
196.07
141.89
-33-
feet;
feet along Grant 13706 to Richard
Smart and Lots 50 and 51 of
Lalamilo House Lots - Second
Series;
feet along Lots 51 and 52 of
Lalamilo House Lots - Second
Series;
feet along Lots 53 and 54-D of
Lalamilo House Lots - Second
Series;
feet along Lots 54-D and 55 of
Lalamilo House Lots - Second
Series;
feet along Lots 55 and 56 of
Lalamilo House Lots - Second
Series;
feet along Lots 56 and 57 of
Lalamilo House Lots - Second
Series;
feet along Lot 57 of Lalamilo House
Lots - Second Series;
feet along Lots 57 and 58-B of
Lalamilo House Lots - Second
Series;
feet along Lots 58-B of Lalamilo
House Lots - Second Series;
feet along Lots 58-B and 59 of
Lalamilo House Lots - Second
Series;
feet along Lot 60 of Lalamilo House
Lots - Second Series;
48.
640 00'
71.70
feet along Lot 60 of Lalamilo House
Lots - Second Series;
49.
570 02'
122.25
feet along Lot 60 of Lalamilo House
Lots - Second Series;
50.
580 24'
53.50
feet along Lot 60 of Lalamilo House
Lots - Second Series;
51.
35° 39'
12.58
feet along Lot 60 of Lalamilo House
Lots - Second Series;
52.
1020 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:
950 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;
-34-
(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
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
-35-
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;
(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 4.7t acres set aside by the applicant and dedicated to the
-36-
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.
(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 Ordinance
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 alternative locations are mutually agreed to b t�pplicant 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,
-37-
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 improvements provided on the said site(s) shall be credited against the
applicant's fair share contribution of the parks and recreation assessment required
in 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 may be in a form of
cash, land, facilities, or any combination thereof acceptable to the Planning
affected agencies. The fair share contribution
Director in consultation with the
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
$1,189,194.20 and for 473 single family residential louts is $3,424,122.60
whichever is applicable. However, the total amount shall be increased or reduced
in proportion with the actual number of lots/units according to the calculation and
payment provisions set forth in this Condition H. The fair share contribution shall
be allocated as follows:
$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;
-39-
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;
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 (HCP1). 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
-40-
the fair share contribution shall be subject to the review and approval of the
Planning Director, upon consultation with the appropriate agencies;
(1) in lieu of actual construction of infrastructural improvements as required herein,
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, may be 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
-41-
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
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;
-42-
(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 may be 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
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
-43-
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
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
-44-
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
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
-45-
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
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
-46-
Department of Public Works. In lieu of actual construction 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
such agreement and filing of the security with the County, subdivision
plans and/or final plan approval plans for the next development phases
may be 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
-47-
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
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 certificate 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
-48-
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
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
-49-
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);
(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 a multi-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 casement, 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;
-50-
(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
TOWN CENTER (h) for public use shall be included in the 30 -acre
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 H
-51-
0) 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
TOWN CENTER (h) for public use shall be included in the 30 -acre
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 H
-51-
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
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 -
-52-
(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;
(b) access onto Mamalahoa Highway shall meet with the approval of the
Department of Public Works and the Department of Transportation -
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
-53-
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
(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 -
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
February
6, 2002
Date of l st Reading:
February
6, 2002
Date of 2nd Reading:
February
21, 2002
Effective Date:
February
28, 2002
RFTERENCZ Cmr-nl- 477
APPROVE AS
O AND LEGALITY
ON CO
CORPORA 101,4
SEL
DATED: 2 -245,
-54-
1 /4 IU ryATV
'Y—�,. ie ,ter---� r 1 _:1 � _ / �� " . JL/ar� �' \ •. l._. _, _ " -"� i � I i / � -
� T.wi: - :+IY•.•J%i'" - _" WO.mee Weel Q/O
'' s ''fj`s+'',.r•:_% .sank ����yy���� MEA
>• r` i TOWN CE
W.I.
' '!'erk0rfg6ne71 Tenk' .
� ; a., sRo�
.:Mit ":.•'
WA -
foo -
BLISMEao
PAM WAf&4F.e-c0H4UAMP(1
T
cpl SII l v
2 7 .l1°r ee�
leoPOr Te6G
.
_ 1
PARKER RANCH
� TEWATER TREATMENT
ITY
,
FIG 2
$$��®
HO
RANCH
2®®
AREA SCALE NORTH LINEAL SCALE (FEET)WAR
s xi 0 IMI 2000 3OWI
sago
IL
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
( DRAFT 2 )
Introduced By: Bobby Jean Leithead-Todd
Date Introduced: February 6, 2002
First Reading: February 6, 2002
Published: N/A
REMARKS:
Second Reading: February 21, 2002
To Mayor:
February
25, 2002
Returned:
February
28, 2002
Effective:
February
28, 2002
Published:
March 7,
2002
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung
X
Elarionoff
X
Jacobson
X
Leithead-Todd
X
Pisicchio
X
Safarik
X
X
Tyler
X
Yagong
X
8
0
1
�° 0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung
X
Elarionoff
X
Jacobson
X
Leithead-Todd
X
Pisicchio
X
Safarik
X
Tyler
X
Yagong
X
1
0
2
J
1 DO HEREBY CERTIFY that the,Tbregoing BILL was adopted by the County Council published as
indicated above. /—,
APPROVED AS TO
FORM AND LEGALITY:
DEPUT C ON COUNSEL i
COUNTY OF HAWAII
Date `.;;?� -d�--
pproved isapproved this day
o- VtA0 20_0
A YOR, ' IOF HA YY'A11
C' U.NCIL CHAIRMAN
COUNTY CLERK
Bill No.: 152 (Draft 2)
Reference:
C-477.1/PC-56 Ord No.: 2