HomeMy WebLinkAboutORD 1996-008 1994-1996 COLTIl1'~'Y Off` ~IAWAII S'T`A`T4 O~ ~-IAWAII
181
BILL NO.
(Draft 6)
ORDINANCE NO. ~
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND
SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH CLASSIFIED
CERTAIN LANDS FROM AGRICULTURAL (A-Sa) AND UNPLANNED (U) TO
AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND,
KANAUEUE 1 ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU
1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND
SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION OF 1,
7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 94-73 is amended as follows:
"SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of properties described hereinafter as
follows:
The district classification of the following area situated at Kanaueue 1st and 2nd, North
Kona, Hawaii, shall be Agricultural (A-la):
PARCEL l:
Beginning at the Southeasterly corner of this parcel of land, being also a point on the
Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land
Commission Award 387, Part 4, Section 2 to American Board of Commissioners for
Foreign Missions, being also a point on the division between North and South Kona, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by
azimuths measured clockwise from True South:
1. 71 ° 45' 902.30 feet along Royal Patent 1670 to John
D. Parish on a portion of Land
Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions
to a point;
2. 152° 14' 1,055.02 feet along the remainder of Grant
865 to John Nakookoo to a point;
Thence, for the next seven (7) courses following along middle of stonewall and
along Grant 992 to W. Whitmarsh:
3. 251 ° 23' 30" 224.69 feet to a point;
4. 250° 35' 58.35 feet to a point;
5. 255 ° 17' 131.07 feet to a point;
6. 240 ° 43' 26.91 feet to a point;
7. 257° 50' 172.57 feet to a point;
8. 243 ° 13' 30" 21.91 feet to a point;
9. 256° 5T 98.95 feet to a point;
Thence, for the next twelve (12) courses following along middle of stonewall
and along the remainder of Grant
865 to John Nakookoo:
10. 338° 17' 30" 158.36 feet to a point;
11. 257° 24' 102.95 feet to a point;
12. 255 ° 40' 30" 171.35 feet to a point;
13. 261 ° 29' 101.46 feet to a point;
14. 346° 30' 30" 54.40 feet to a point;
15. 343 ° 21' 30" 152.40 feet to a point;
16. 346° 20' 165.46 feet to a point;
17. 343 ° 29' 30" 80.88 feet to a point;
18. 357° 13' 57.51 feet to a point;
19. 345 ° 53' 30" 154.41 feet to a point;
20. 333 ° 53' 114.71 feet to a point;
21. 345 ° 43' 43.78 feet to the point of beginning and
containing an area of 22.251 Acres,
more or less. (Refer to Parcel 1 as
shown on Exhibit "A").
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The district classification of the following area situated at Honuaino 3rd and 4th,
Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii, shall be
Agricultural (A-1 a):
PARCEL 2:
Beginning at the Northwesterly corner of this parcel of land, being also a point on the
Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles
Hall, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East
and running by azimuths measured clockwise from True South:
Thence, for the next sixty-seven (67) courses following along middle of
stonewall and along Royal Patent 1098,
Land Commission Award 614 to Charles
Hall:
1. 172° 44' 35.46 feet to a point;
2. 250° 06' 26.01 feet to a point;
3. 245 ° 26' 19.20 feet to a point;
4. 251 ° 15' 39.58 feet to a point;
5. 259° 25' 18.68 feet to a point;
6. 246° 50' 16.35 feet to a point;
7. 254° 27' 40.28 feet to a point;
8. 323 ° 16' 7.32 feet to a point;
9. 249° 32' 44.32 feet to a point;
10. 265 ° O 1' 30" 16.93 feet to a point;
11. 271 ° 10' 30" 50.61 feet to a point;
12. 261 ° 46' 30" 67.77 feet to a point;
13. 256° 32' 30" 36.61 feet to a point;
14. 262° 38' 30.23 feet to a point;
1 258° 17' 37.28 feet to a point;
16. 254° 45' 21.32 feet to a point;
17. 257° 35' 30" 36.22 feet to a point;
18. 265 ° 03' 21.89 feet to a point;
19. 263 ° 53' 30" 45.49 feet to a point;
20. 266° 14' 44.43 feet to a point;
21. 249° 07' 32.29 feet to a point;
22. 256° 49' 30" 41.74 feet to a point;
23. 250° 03' 30" 91.17 feet to a point;
24. 257° 28' 88.18 feet to a point;
25. 253 ° 37' 30" 14.36 feet to a point;
26. 271 ° 49' 7.86 feet to a point;
27. 243 ° 18' 30" 43.30 feet to a point;
28. 252 ° 36' 45.75 feet to a point;
29. 262° 29' 35.65 feet to a point;
30. 265° 31' 13.70 feet to a point;
31. 260° 35' 30" 76.29 feet to a point;
32. 268 ° OS' 30" 59.53 feet to a point;
33. 253 ° 44' 30" 12.40 feet to a point;
34. 259° 40' 25.69 feet to a point;
35. 264° 02' 51.71 feet to a point;
36. 259° 49' 30" 85.74 feet to a point;
37. 266° 56' 48.70 feet to a point;
38. 265 ° 44' 61.02 feet to a point;
39. 272° OS' 60.95 feet to a point;
40. 269° 19' 30" 91.04 feet to a point;
41. 275 ° 29' 26.42 feet to a point;
42. 280° 52' 30" 26.76 feet to a point;
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43. 272° 21' 30" 28.45 feet to a point;
44. 277° 12' 46.47 feet to a point;
45. 273 ° 22' 30" 84.54 feet to a point;
46. 273 ° 04' 30" 57.99 feet to a point;
47. 270° 29' 30.67 feet to a point;
48. 27~ ° 46' 30" 91.01 feet to a point;
49. 267° 54' 30" 87.48 feet to a point;
~0. 261 ° OS' 30" 28.16 feet to a point;
51. 266° 13' 128.24 feet to a point;
52. 270° 26' 114.47 feet to a point;
53. 260° 09' 81.24 feet to a point;
54. 262 ° 27' 166.66 feet to a point;
261 ° 47' 108.98 feet to a point;
56. 243° 34' 33.10 feet to a point;
57. 259° 14' 30" 37.03 feet to a point;
~8. 265 ° 34' 30" 77.10 feet to a point;
59. 262 ° 59' 118.99 feet to a point;
60. 256° 19' 39.78 feet to a point;
61. 262 ° 44' 82.08 feet to a point;
62. 267° 50' 34.11 feet to a point;
63. 265 ° 25' 63.09 feet to a point;
64. 273 ° 36' 30" 112.92 feet to a point;
65. 268° 50' 151.03 feet to a point;
66. 274° 59' 30" 35.27 feet to a point;
67. 268° 30' 30" 48.40 feet to a point;
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Thence, for the next three (3) courses following along the Westerly side of old
railroad and along the remainder of
Grant 2029 to S. W. Makahiki:
68. 15 ° 00' 431.60 feet to a point;
69. 0° 23' 223.30 feet to a point;
70. 333 ° 44' 145.20 feet to a point;
Thence, for the next seven (7) courses following along the Westerly side of old
railroad and along the remainder of
Grant 1453 to John Cavanah:
71. 319 ° 08' 63.63 feet to a point;
72. 327° 12' 30" 92.54 feet to a point;
73. 333 ° 41' 55.11 feet to a point;
74. 341 ° 52' 42.41 feet to a point;
75. 350° 21' 65.77 feet to a point;
76. 357° 11' 30" 87.84 feet to a point;
77. 7° 46' 82.65 feet to a point;
78. 17° 59' 209.88 feet along the Westerly side of old
railroad and along the remainders of
Grant 1453 to John Cavanah and Grant
1463 to Keawe to a point;
Thence, for the next ten (10) courses following along the Westerly side of old
railroad and along the remainder of
Grant 1463 to Keawe:
79. 15 ° 46' 30" 221.91 feet to a point;
80. 350° 40' 30" 86.03 feet to a point;
81. 346° 02' 30" 127.39 feet to a point;
82. 347° 43' 68.36 feet to a point;
83. 356° 37' 108.84 feet to a point;
84. 358° 09' 110.66 feet to a point;
85. 6° 27' 30" 75.31 feet to a point;
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86. 357° 30' 30" 143.26 feet to a point;
87. 8 ° 45' 30" 30.57 feet to a point;
88. 359° 52' 108.27 feet to a point;
89. 26S ° 4T 29.79 feet along the remainder of Grant 1463
to Keawe to a point;
Thence, for the next eight (8) courses following along the Easterly side of old
railroad and along the remainder of
Grant 1463 to Keawe:
90. 3 5 7 ° 3 3' 107.96 feet to a point;
91. 352° 21' 72.88 feet to a point;
92. 356° 43' 30" 32.40 feet to a point;
93. 353 ° 27' 38.77 feet to a point;
94. 350° 36' 29.09 feet to a point;
95. 339° 51' 130.13 feet to a point;
96. 329° 39' 30" 32.22 feet to a point;
97. 326° 06' 51.01 feet to a point;
98. 324° 59' 10.48 feet along the Westerly face of stonewall
and along the remainder of Royal Patent
5336, Land Commission Award 9413 to
Kahana to a point;
99. 320° 39' 115.81 feet along the remainder of Royal Patent
5336, Land Commission Award 9413 to
Kahana to a point;
100. 67° 26' 30" 92.41 feet along wire fence and along Grant
992 to W. Whitmarsh to a point;
101. 70° 35' 63.69 feet along middle of stonewall and along
Grant 992 to W. Whitmarsh to a point;
102. 67° 10' 30" 124.47 feet along middle of stonewall and along
Grant 992 to W. Whitmarsh to a point;
103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to
a point;
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104. 79 ° 49' 199.17 feet along Grant 992 to W. Whitmarsh to
a point;
Thence, for the next twenty-three (23) courses following along middle of
stonewall and along Grant 992 to
W. Whitmarsh:
105. 82 ° OS' 30" 51.64 feet to a point;
106. 83 ° 18' 181.52 feet to a point;
107. 84° 58' 30" 118.82 feet to a point;
108. 85 ° 30' 30" 145.13 feet to a point;
109. 91 ° 09' 79.55 feet to a point;
110. 82 ° 04' 95.77 feet to a point;
111. 82 ° 31' 45" 212.72 feet to a point;
112. 359° 15` 512.31 feet to a point;
113. 268 ° 21' 280.72 feet to a point;
114. 259° 47' 379.67 feet to a point;
115. 260° 53' 149.26 feet to a point;
116. 259° 07' 153.59 feet to a point;
117. 266° 02' 30" 90.63 feet to a point;
118. 250° 32' 115.64 feet to a point;
1 19. 240 ° 54' 54.22 feet to a point;
120. 246 ° 41' 140.89 feet to a point;
121. 256° 30' 30" 95.53 feet to a point;
122. 240° 04' 30" 52.97 feet to a point;
123. 245 ° 12' 30" 66.16 feet to a point;
124. 257° 45' 30" 34.33 feet to a point;
125. 239° 59' 72.54 feet to a point;
126. 250° 39' 30" 70.76 feet to a point;
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127. 246 ° 08' 111.93 feet to a point;
128. 332° 14' 1,055.02 feet along the remainder of Grant 865 to
John Nakookoo to a point;
Thence, for the next four (4) courses following along Royal Patent 1670 to John
D. Parish on a portion of Land
Commission Award 387, Part 4, Section
2 to American )3oard of Commissioners
for Foreign Missions:
129. 64 ° 12' 628.00 feet to a point;
130. 79° 26' 602.00 feet to a point;
131. 77° 00' 987.00 feet to a point;
132. 72° 13' 704.78 feet to a point;
133. 154° 42' 918.93 feet along the remainder of Grant 1587
to John Peters to a point;
Thence, following along the remainder of Grant 1587 to John Peters on a curve
to the right with a radius of 1,030.00, the
chord azimuth and distance being:
134. 174° 32' 30" 699.21 feet to a point;
135. 194° 23' 350.20 feet along the remainder of Grant 1587
to John Peters to a point;
Thence, following along the remainders of Grant 1587 to John Peters and
Grant 1463 to Keawe on a curve to the
left with a radius of 1,270.00 feet, the
chord azimuth and distance being:
136. 165° 33' 1,224.95 feet to a point;
137. 136° 43' 68.92 feet along the remainder of Grant 1463
to Keawe to a point;
Thence, following along the remainder of Grant 1463 to Keawe on a curve to the right
with a radius of 1,030.00 feet, the chord
azimuth and distance being:
138. 149° 59' 30" 473.03 feet to a point;
139. 163 ° 16' 839.35 feet along the remainders of Grant 1463
to Keawe, Grant 1453 to John Cavanah
and Grant 2029 to S. W. Makahiki to a
point;
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Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to
the left with a radius of 470.00 feet, the
chord azimuth and distance being:
140. 136° 23' 15" 424.98 feet to a point;
141. 165 ° 15' 189.91 feet along Grant 1651 to Charles Hall to
the point of beginning and containing an
area of 295.539 Acres. (Refer to Parcel
2 as shown on Exhibit "A".)
SECTION 2. Section 25-88, Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of properties described hereinafter as
follows:
The district classification of the following area situated at Halekii and Keekee 1st, South
Kona, Hawaii, shall be Agricultural (A-1 a):
PARCEL 3:
Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly
corner of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point
on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "PUU OHAU" being
2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise
from True South:
1. 350° 44' S5" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34
of Kona Scenic Subdivision, Unit II
(File Plan 1591) and along the remainder
of Royal Patent 1670 to John D. Parish
on a portion of Land Commission Award
387, Part 4, Section 2 to American
Board of Commissioners for Foreign
Missions and along the Westerly end of
Haleki'i Street to a point;
2. 78° 30' 470.15 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
3. 348° 30' 438.70 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
4. 266 ° 28' 187.31 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
-10-
Thence, for the next eleven (11) courses following along middle of stonewall:
5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
7. 7° 45' 30" 174.98 feet along Lots 20 and 19 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
8. 91 ° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File
Plan 2087) and along the remainder of
Grant 977 to Panaunau to a point;
9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
Thence, for the next four (4) courses following along Grant 866 to Kapule:
10. 86 ° 02' 30" 309.93 feet along Lot 2 to a point;
11. 80° 19' 207.35 feet along Lot 1 to a point;
12. 75 ° 14' 183.86 feet along Lot 1 to a point;
13. 79 ° 02' 674.13 feet along Lot 1 to a point;
14. 177° 38' 634.16 feet along the remainder of Grant 977 to
Panaunau to a point;
15. 75 ° 14' 1,338.05 feet along Grant 977 to Panaunau to a
point;
16. 150° 55' 956.00 feet along the remainder of Royal Patent
1670 to John D. Parish on a portion of
Land Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions to
a point;
17. 251 ° 45' 902.30 feet along Grant 865 to John Nakookoo
to a point;
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Thence, for the next thirty-six (36) courses following along middle of stonewall
and along Grant 865 to John Nakookoo:
18. 250° 02' 30" 41.72 feet to a point;
19. 238° 11' 30" 99.82 feet to a point;
20. 246° 13' 93.37 feet to a point;
21. 253 ° 29' 121.82 feet to a point;
22. 257° 51' 121.61 feet to a point;
23. 249° 33' 59.76 feet to a point;
24. 245 ° 51' 177.23 feet to a point;
2~. 248° 02' 30" 92.17 feet to a point;
26. 240° 26' 30" 60.37 feet to a point;
27. 254° 58' 110.46 feet to a point;
28. 258° 29' 24.30 feet to a point;
29. 274° 56' 30" 31.91 feet to a point;
30. 260° 18' 30" 148.31 feet to a point;
31. 253 ° 43' 47.09 feet to a point;
32. 243 ° 21' 30" 89.60 feet to a point;
33. 263 ° 53' 30" 70.49 feet to a point;
34. 254° 39' 30" 21.88 feet to a point;
3 5 . 269 ° 41' 41.10 feet to a point;
36. 288° 24' 45.97 feet to a point;
37. 255 ° 29' 30" 27.38 feet to a point;
38. 241 ° 21' 30.35 feet to a point;
39. 227° 12' 30" 53.91 feet to a point;
40. 216° 24' 30" 55.73 feet to a point;
41. 238° 55' 30" 27.24 feet to a point;
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42. 255 ° 23' 30" 29.74 feet to a point;
43. 271 ° 22' 69.73 feet to a point;
44. 265 ° 04' 29.52 feet to a point;
45. 275 ° 29' 30" 98.69 feet to a point;
46. 271 ° 04' 85.71 feet to a point;
47. 277° 42' 30" 71.32 feet to a point;
48. 269° 46' 21.84 feet to a point;
49. 270° 48' 110.24 feet to a point;
50. 268 ° 22' 91.02 feet to a point;
51. 258° 19' 92.53 feet to a point;
52. 270° 26' 57.58 feet to a point;
53. 265 ° 38' 177.70 feet to the point of beginning and
containing an area of 94.387 Acres,
more or less. (Refer to Pace13 as shown
on Exhibit "A".)
The district classification of the following area situated at Halekii, Keekee 1st and 2nd,
Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South Kona,
Hawaii, shall be Agricultural (A-1 a):
PARCEL 4:
Beginning at the Southeasterly corner of this parcel of land, being also a point on the
Northerly boundary of Grant 1162 to F. O. Schulze, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU OHAU" being
4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise
from True South:
1. 65° 45' S4" 1,071.96 feet along middle of stonewall and along
Grant 1162 to F. O. Schulze to a point;
2. 78° 08' 30" 1,407.43 feet along middle of stonewall and along
Grant 1162 to F. O. Schulze to a point;
Thence, for the next three (3) courses following along the remainder of Royal
Patents 4386 and 7146, Land
Commission Award 8452 to
A. Keohokalole:
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3. 203 ° 12' 488.09 feet to a point;
Thence, following on a curve to the left with a radius of 870.00 feet, the chord
azimuth and distance being:
4. 172° 50' 30" 879.41 feet to a point;
5. 142 ° 29' 272.49 feet to a point;
Thence, following along the remainders of Royal Patents 4386 and 7146, Land
Commission Award 8452 to
A. Keohokalole, Grant 1160 to
H. N. Greenwell, and Grant 1576 to Lohi
on a curve to the right with a radius of
1,13 0.00 feet, the chord azimuth and
distance being:
6. 169° 47' 1,036.55 feet to a point;
7. 197° OS' 307.17 feet along the remainders of Grant 1576
to Lohi and Grant 1464 to Ialua to a
point;
Thence, following along the remainder of Grant 1464 to Ialua on a curve to the
left with a radius of 645.00 feet, the
chord azimuth and distance being:
8. 183 ° 07' 311.35 feet to a point;
9. 169° 09' 54.98 feet along the remainder of Grant 1464
to Ialua to a point;
Thence, following along the remainders of Grant 1464 to Ialua and Grant 1175
to Nakauwaa on a curve to the right with
a radius of 705.00 feet, the chord
azimuth and distance being:
10. 186 ° 06' 411.07 feet to a point;
11. 203 ° 03' 162.63 feet along the remainder of Grant 1175
to Nakauwaa to a point;
Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant
1177 to Kamakahiona on a curve to the
left with a radius of 645.00 feet, the
chord azimuth and distance being:
12. 186° 42' 30" 362.96 feet to a point;
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13. 170 ° 22' 60.05 feet along the remainder of Grant 1177
to Kamakahiona to a point;
Thence, following along the remainders of Grant 1177 to Kamakahiona and
Grant 1176 to Kini on a curve to the
right with a radius of 705.00 feet, the
chord azimuth and distance being:
14. 186° 12' 384.70 feet to a point;
Thence, for the next five (5) courses following along the remainder of
Grant 1176 to Kini:
15. 202° 02' 35.26 feet to a point;
Thence, following on a curve to the left with a radius of 30.00 feet, the chord
azimuth and distance being:
16. 157° 02' 42.43 feet to a point;
17. 112 ° 02' 85.32 feet to a point;
Thence, following on a curve to the left with a radius of 645.00 feet, the chord
azimuth and distance being:
18. 97° 14' 329.53 feet to a point;
19. 82° 26' 397.26 feet to a point;
Thence, following along the remainders of Grant 1176 to Kini and Royal
Patent 1670 to John D. Parish on a
portion of Land Commission Award
387, Part 4, Section 2 to American
Board of Commissioners for Foreign
Missions on a curve to the right with a
radius of 705.00 feet, the chord azimuth
and distance being:
20. 118 ° 34' 831.43 feet to a point;
21. 154° 42' 342.97 feet along the remainder of Royal Patent
1670 to John D. Parish on a portion of
Land Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions to
a point;
22. 252 ° 13' 704.78 feet along Grant 1587 to John Peters and
Grant 865 to John Nakookoo to a point;
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Thence, for the next three (3) courses following along Grant 865 to
John Nakookoo:
23. 257° 00' 987.00 feet to a point;
24. 259° 26' 602.00 feet to a point;
25. 244° 12' 628.00 feet to a point;
26. 330° 55' 956.00 feet along the remainder of Royal Patent
1670 to John D. Parish on a portion of
Land Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions to
a point;
27. 255 ° 14' 1,338.05 feet along Royal Patent 1670 to John D.
Parish on a portion of Land Commission
Award 387, Part 4, Section 2 to
American Board of Commissioners for
Foreign Missions to a point;
28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a
point;
29. 76° 40' 30" 1,596.74 feet along Grant 1177 to Kamakahiona
to a point;
30. 76° 40' 30" 44.81 feet along Grant 1177 to Kamakahiona
to a point;
Thence, for the next six (6) courses following along the Westerly side of old
railroad:
31. 353 ° 25' 54.23 feet to a point;
32. 346° 06' 95.32 feet to a point;
33. 342° 16' 30" 289.54 feet to a point;
34. 341 ° 04' 132.29 feet to a point;
35. 345° 33' 48.71 feet along the remainders of Grant 1177
to Kamakahiona and Grant 1175 to
Nakauwaa to a point;
Thence, for the next six (6) courses following along the remainder of
Grant 1175 to Nakauwaa:
36. 350° 55' 30" 47.80 feet to a point;
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37. 260° 45' 8.34 feet to a point;
Thence, for the next four (4) courses following along the Westerly face of
stonewall and along the Easterly side of
old railroad:
38. 353 ° 43' 30" 58.69 feet to a point;
39. 1 ° 03' 30" 50.75 feet to a point;
40. 4° 06' 30" 32.09 feet to a point;
41. 9° 18' 30" 46.75 feet to a point;
Thence, for the next four (4) courses following along the Northerly face of
stonewall:
42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell
to a point;
43. 63 ° O1' 30" 205.62 feet along Grant 787 to H. N. Greenwell
to a point;
Thence, for the next twenty-six (26) courses following along the remainder of
Grant 787 to H. N. Greenwell:
44. 58 ° 15' 190.84 feet to a point;
45. 95 ° 12' 30" 36.26 feet to a point;
Thence, for the next ten (10) courses following along the Westerly face of
stonewall:
46. 340° 55' 30" 51.47 feet to a point;
47. 336° 12' 30" 95.40 feet to a point;
48. 340° 54' 85.38 feet to a point;
49. 338° 48' 30" 46.81 feet to a point;
50. 342 ° 23' 65.75 feet to a point;
51. 334° 35' 30" 65.95 feet to a point;
52. 332° 23' 82.87 feet to a point;
53. 324° 00' 11.13 feet to a point;
54. 332 ° 36' 30" 113.50 feet to a point;
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55. 347° 43' 24.68 feet to a point;
Thence, for the next four (4) courses following along the Westerly side of old
railroad:
56. 338° 19' 61.45 feet to a point;
57. 327° 39' 30" 17.91 feet to a point;
58. 347° 16' 94.25 feet to a point;
59. 344° 55' 30" 113.58 feet to a point;
60. 267° OS' 30" 16.83 feet to a point;
Thence, for the next six (6) courses following along middle of stonewall:
61. 341 ° 48' 30" 54.25 feet to a point;
62. 346° 24' 30" 109.52 feet to a point;
63. 330° 20' 62.30 feet to a point;
64. 336° 48' 111.89 feet to a point;
65. 325 ° 21' 106.90 feet to a point;
66. 62 ° 18' 30" 29.22 feet to a point;
Thence, for the next three (3) courses following along Westerly face of
stonewall:
67. 337° 28' 30" 112.46 feet to a point;
68. 337° 08' 183.98 feet to a point;
69. 337° 36' 30" 153.52 feet to a point;
70. 254° 02' 30" 25.45 feet along the Southerly face of
stonewall and along Grant 787 to
H. N. Greenwell to a point;
Thence, for the next seven (7) courses following along the Westerly side of old
railroad and along the remainder of
Royal Patents 4386 and 7146, Land
Commission Award 8452 to A.
Keohokalole:
71. 3 3 8 ° 26' 168.87 feet to a point;
72. 337° 34' 153.12 feet to a point;
-18-
_
73. 335 ° 16' 30" 329.74 feet to a point;
74. 336° 16' 30" 122.94 feet to a point;
75. 334° 38' 30" 193.93 feet to a point;
76. 335 ° 59' 267.46 feet to a point;
77. 329° 13' 30" 141.50 feet to the point of beginning and
containing an area of 271.415 Acres.
(Refer to Parcel 4 as shown on Exhibit
~~A~~.)
All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part
hereof (herein after referred to as "subject property").
SECTION 3. These changes in district classification are conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval;
(B) The effective date of the rezoning shall be upon:
(1) the execution of an agreement, between the applicant, Lyle Anderson, and the
County through its Department of Water Supply and Planning, to assign water
commitment rights in the Kealakekua Source Agreement to the current
landowners of the subject property within one-hundred-eighty (180) days from
the effective date of this ordinance; provided that a maximum ninety (90) day
extension may be granted by the Planning Director with reasonable and
sufficient justification; and
(2) the acceptance by the Department of Water Supply of the required water
commitment payment in accordance with its "Water Commitment Policy"
within one-hundred-eighty (180) days from the effective date of this ordinance;
(C) Subdivision plans for any portion of the subject property shall be submitted to the
Planning Department and Tentative Subdivision Approval secured within
four (4) years from the effective date of this rezoning as determined in Condition B;
Final Subdivision Approval shall be secured within five (5) years from the effective
date of this rezoning as determined in Condition B. For the purpose of this ordinance,
-19-
Final Subdivision Approval shall be defined as the subdivision of any agricultural
zoned lot to a lot less than twenty (20) acres in size within the subject property;
(D) A wastewater disposal system shall constructed in a manner meeting with the approval
of the State Department of Health and/or the Department of Public Works, whichever
is applicable;
(E) All electrical and communication utilities lines within the subject property shall be
placed underground, with the exception of the main 69 KV transmission line from the
Mamalahoa Highway to the proposed electrical substation site;
(F) A Flood Study of the subject property shall be submitted to the Planning Department
in conjunction with plans submitted for subdivision review for any portion of the
subject property. Drainage improvements shall be constructed in a manner meeting
with the approval of the Department of Public Works, prior to the issuance of Final
Subdivision Approval for the subject property;
(G) An archaeological mitigation and interpretation plan shall be prepared and submitted
for approval by the Planning Director, in consultation with the Department of Land
and Natural Resources-Historic Preservation Division, prior to submitting plans for
subdivision review. The Plan shall consist of three subplans:
(1) an archaeological data recovery plan for the sites to undergo data recovery,
(2) a detailed interim protection/preservation plan for the sites to undergo
preservation, and
(3) an interpretation plan which shall include buffer zones, signage and long-range
preservation concerns which may be submitted at a later date. Approved
mitigation measures shall be implemented prior to or in conjunction with any
land alterations within the subject property;
(H) A final comprehensive public access~lanr to be developed in consultation with
communi~oups shall be submitted to and approved by the Planning Director prior
-20-
tc, final subdivision approval or anv land alteration activity, whichever comes first
The final comprehensive public access pl~.n~hall b~ developed in consultat~pn with the
Planning Director and the Department of Land and Natural R~sQu~~~s and shall
include mauka-makai and lateral shoreline accesses arkine area sl; si~na..ge,
emergency response considerations restrictions on use (if anyl, provision of
recreational and restroom facilities at ap~ropriat~ locations and related improvements
[The applicant shall be responsible to comply with Condition No. 8 of SMA Permit
No. 345 issued to the applicant on November 5, 1993]; provided, that the construction
of the coastline park and access ways shall be subject to the obtaining of all necessary
discretionary permits (e.g., Conservation District Use Approval, Special Management
Area Use Permit, etc.); provided, further, that the applicant shall be responsible to
comply with the following terms and conditions:
[(1) The applicant shall develop and submit a comprehensive public shoreline
access plan for the subject property and the properties described in the SMA
Permit No. 345, subject to the review and approval by the Planning Director, in
consultation with the Department of Land and Natural Resources, prior to Final
Subdivision Approval, or any land alteration activity, whichever comes first;]
~1,~[(2)] An area comprising twenty-five percent (25%) of the total park area, as shown
on Exhibit "E" attached hereto and made a part hereof, shall be developed and
improved by the applicant or its agent in phases within five (5) years from the
date Final Subdivision Approval is obtained on the subject property. The first
phase shall be completed and open to the public within thirty (30) days
following the opening of the golf course;
[(3) No more than a total land area of twelve (12) acres shall be permitted to be
constructed, operated and maintained as part of the applicant's golf course,
approved as Use Permit No. 115, and included within the coastline park or the
existing conservation district lands;]
u[(4)] [A] Upon opening the first phase of the park area, a minimum of twenty-five
(25) public parking stalls in addition to parking stalls for residents, guests, and
employees within the subject property and the applicant's adjacent lands at the
-21-
principal shoreline access parking area(s), signage and provisions for public
access for night fishing and marine food gathering purposes over designated
vehicular and pedestrian access routes subject to restrictions which limit said
uses to recreation uses only, and other restrictions which provide for the health
and safety of the general public and residents alike. The number of narking
stalls shall be increased commensurately with the ap-proval of additional park
phases in accordance with
then bu lic access plan; and
~[(5)] The public shoreline access plan shall also integrate where appropriate, any
public accessway(s) to interpretive trail system(s) and to the historical and
archaeological sites to be approved by the Planning Director, in consultation
with the Department of Land and Natural Resources in conjunction with the
detail mitigation plan for the park area situated in the Conservation district.
(I) Prior to final approval of a small lot subdivision plat within the subject property, the
applicant shall convey to the County of Hawaii by way of a perpetual easement the
right to public access and recreational use of [the] its~rivately owned coastline park
and trails; provided, that restrictions [in accordance with Chapter 115, Hawaii Revised
Statutes,] will be allowed to be established by the applicant, subject to the approval of
the Planning Director, to promote public health and safety and the general security of
the premises for residents and guest of the project to protect the area's pristine
condition, and to minimize any liability to the applicant, pursuant to Chapter 520,
Section 520-4, Hawaii Revised Statutes. The applicant shall retain owner~p of its
[own the] coastline park and trails in fee simple and maintain all lands in the coastline
park area and operate such facility for public recreational use in accordance with the
above terms and conditions. This condition shall not be applicable to an~.roadwav.
trail or other ri~l~ts-of-ways which are deemed public hiahwa~s or trails as defined in
canter 264 Hawaii Revised Statutes;
(J) 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 Director shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
Planning Director when it finds that sufficient mitigative measures have been taken;
-22-
(K) A solid waste management plan shall be prepared meeting with the approval of the
Department of Public Works prior to submitting plans for subdivision review. The
Plan shall include, but not be limited to, the management of construction solid waste
as well as operating and domestic solid waste generated by the subject property.
Approved recommendations and mitigation measures shall be implemented at a time
and in a manner meeting with the approval of the Department of Public Works;
(L) Roadway improvements and access(es) to the subject property, including all plans and
construction, shall meet with the approval of the Department of Public Works. Prior
to the issuance of Final Subdivision Approval for any portion of the subject property,
the applicant shall:
(1) construct the channelization and signalization of the Mamalahoa Highway-
Haleki'i Street intersection;
(2) determine the final right-of--way alignment of the entire Marnalahoa I~ghway
Bypass [road as shown in Exhibit "C",] between the a roximate vi~i~ity of
Keauhou and Captain Cook, including its intersection areas and its acquired
ownership or control. The applicant shall provide the Planning Director with a
metes and bounds description of each road right-of--way segment involved and
evidence of its ownership or control as deemed necessary by the Planning
Director. In lieu of the applicant obtaining or acquiring ownership or control
of any segment [within the Phase Two portion] of the Mamalahoa i hwa
Bypass [road], the requirement shall be deemed fulfilled upon the county's
formal initiation of condemnation action for such segments and an agreement
has been entered into [to] between the applicant and the county providing for
the applicant's reimbursement to the county for the acquisition of the lands
condemned;
(3) construct [Phase One ofJ the Mamalahoa Hignhwav Bypass [as shown in
Exhibit "C",] in its entirety
between the approxirr~ate vicinity of Keauhou and
Captain hook, consisting of two lanes with sufficient right-of--way for a total of
four lanes,.,~rovided further that the section of the Mamal oa ]~Iighway
Bvnass between Keauhou end H~leki'i treet shall be cQrr~feted and available
-23-
for public use rip or to the occupancv
of
anv dwelling. unit within the entire
project area;
[(4) construct the channelization improvements on Kuakini Highway at its
intersection with the north end of the Mamalahoa Bypass;]
[(5)] construct the extension of Haleki'i Street through the subject property as
generally reflected in Exhibit "B", which phasing of improvements shall be
approved by the Department of Public Works. [A] If,~before the com len
tion
and oroening of the entire Mamalahoa H~hwaX Bypass, a portion of said
bypass is completed and opened and said portion provides a connection to
Haleki'i Street, a barricade or breakaway gate, meeting with the requirements
of the Department of Public Works, shall be installed by the applicant as part
of the required Haleki'i Street improvements, [prior to the completion of Phase
1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit
or golf course clubhouse facility, whichever occurs first.] The purpose of this
condition is to prevent the use of Haleki' i Street as a vehicular thoroughfare
between the existing Mamalahoa Highway and a P.~rtion [the Phase 1 section
]of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa
Highway Bypass between the ap rr~ oximate vicinity of Keauhou and Ca-ptain
Cook has been completed and opened for general public use; and
~[(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide future
connections between the subject property, [the Alii Highway, and southern
extensions there from;] and the ad.~acent properties to the north and south
provided that such stub-outs shall be constructed in accordance with the
construction phasing as approved by the Department of Public Works.
The applicant shall construct the Mamalahoa H~g=hwav Bypass to [State Department of
Transportation-Highways Division Standards for a regional arterial bypass highway or
segments thereof, and] standards set forth b~ the Department of Public Worlcs fob Al~ii
Higahway
with such modifications assay be deemed necessar~by the Department of
Public Works. TheThe
annliFant shall provide a landscape buffer along highway sections
within five hundred feet of existing dwellings , as required by the chief engineer, to
-24-
reduce the impacts of noise and light on the residents therein and to generally beautify
the highway appearance in such locations[. Roadway segments providing the bypass's
connection with the existing highways at its north termini shall be built to county
dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii
County Code, instead of the State DOT standards for major arterials, in the case where
the roadway segment is consistent with a Department of Transportation plan which
provides for such segments to be a lesser, connector road and for the later extension of
the arterial bypass highway to be substantially further north or south before merging
with other arterial roadways]; provided that the applicant shall enter into a
reimbursement agreement with the County which sets forth the terms and conditions
of reimbursement for costs incurred for the construction, land acquisition and design
of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by
other developers or landowners whom the county may determine as benefiting from
the Mamalahoa Highway Bypass [Highway] and which funds are available to the
county for such purpose; and provided further, that the total amount of reimbursement
due to the applicant shall not exceed the total cost of land acquisition, design and
construction of the Mamalahoa
Hi~hwav Bypass [Highway] incurred by the applicant,
less the pro rata portion attributed to the subject property;
[(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit
"D" except for the golf course, golf clubhouse, lodge and related facilities, the
applicant shall:
(1) complete the construction of the Phase Two of the Mamalahoa Bypass
consisting of two lanes with sufficient right-of--way for a total of four lanes as
shown in Exhibit "C", meeting with the approval of the Department of Public
Works, in consultation with the State Department of Transportation-Highways
Division; and
(2) complete the construction of the Mamalahoa Bypass channelization
improvements at its intersection with Mamalahoa Highway and Napo'opo'o
Road, meeting with the requirements of the Department of Public Works, in
consultation with the State Department of Transportation-Highways Division;]
-25-
~[(N)] All roadway improvements stated in Condition L (and M] of this ordinance shall be
dedicated to the [appropriate government entity. Those improvements associated with
the Mamalahoa Highway Bypass shall by offered to the State Director of
Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any
connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted
by the State Director of Transportation shall be dedicated to the County, as provided
by law] County of ~-Iawaii;
~N [O)] To ensure that the Goals and Policies of the Recreational Element of the General
Plan are implemented, the applicant shall provide [a maximum of] two acres of land
abutting the north side of Kona Scenic Park for public purposes prior to Final
Subdivision Approval of the subject property.
(OA[(P)] In lieu of actual construction of infrastructural improvements as required under
Conditions D, F, H, K, an L,[and M,] the applicant may enter into an agreement with
the Planning Director 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 the Corporation Counsel. Upon execution of
such agreement and/or filing of the security with the County, Final Subdivision
approval for the subject property or portions thereof shall be granted prior to the actual
construction of required infrastructural improvements;
[(Q) The Applicant shall participate in the funding and construction of any regional
roadway improvements as may be required by the State Department of Transportation,
provided that any costs borne by the applicant shall be credited and limited to the
amount of its fair share contribution for regional road and traffic impacts, as required
in Conditions L and M];
~[(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural
activity is being conducted on the subdivided lots within three years from the date of
Final Subdivision Approval. For the purposed of this condition, "agriculture" shall be
defined as the cultivation of crops, including but not limited to flowers, vegetable,
foliage, and fruits that are propagated for economic or personal use. An agricultural
activity will be considered satisfactory:
-26-
(1) if such activity is implementing a conservation program for the affected
property(ies), as approved by the applicable soil and water conservation district
directors and filed with the Soil Conservation Service;
(2) if it provides a source of income to the person(s) who reside on the property; or
(3) if the property is dedicated for agriculture uses in accordance with applicable
Tax Department procedures and that such agriculture dedication shall be made
a deed covenant and duly recorded with the State Bureau of Conveyances and a
copy of the recorded deeds shall be filed with the Planning Department within
one year from the date of Final Subdivision Approval.
Each approved lot must comply with at least one of the above requirements to satisfy
the conditions of approval of this ordinance;
~[(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the
construction of a second dwelling unit on each lot; provided that this shall not preclude
the construction of a guest house as defined under Chapter 25 of the Hawaii County
Code. A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Department for review and approval
prior to final subdivision approval. A copy of the approved covenant shall be recited
in an instrument executed by the applicant and the county and recorded with the
Bureau of Conveyances likewise prior to final subdivision approval;
~[(T)] [The Applicant shall pay its fair share contribution to address potential regional
impacts of the subject property with respect to pazk, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be increased
or reduced proportionally if the agricultural lot counts aze adjusted. The fair share
contributions described below shall be adjusted annually based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution for
each agricultural zoned lot of the subject property less than ten acres in size shall be
based on a maximum density for each lot as determined by the zoning resulting from
this change of zone. The fair share contribution in a form of cash, land, facilities, or
-27-
any combination thereof shall have a maximum combined value of $ 4,701,205.74. In
lieu of paying the fair share contribution, the applicant may construct such
improvements/facilities related to park, fire, police, solid waste disposal facilities,
sewers and roads with the approval of the appropriate agency(ies).
Any contributions required by this ordinance that exceed the fair share requirement of
this proposed development shall, at the applicant's request be credited towards any of
the applicant's future developments that require infrastructural impact contributions; ]
The applicant shall make its fair share contribution to mitigate the potenti~,~ re ig opal
impacts of the subject property with respect to narks and recreation, fire .police, solid
waste disposal facilities and roads The amount of the fair share contribution shall be
the sum which is th~roduct of multiplying the number of lots proposed to be
subdivideded by the amounts abated hereinbelow for each such lot, and shall become
due and pnavable rior to final subdivision approval for any portion of the subject
property or its increments If the subject ~ronertv is subdivided in two or more
increments the amount of the fair sl~~re contriY~ution due and payable prior to final
subdivision
approval of each incremgnt shall~e a sum cal,~ulated in the same manner
according
to the number of additional proposed lots in each such ig~crement The fair
share contribution for each lot, except fog lots larger than ten acres in size or which are
committed exclusively for ,geol~ course and nark purp~$es shall be based on the
maximum allowable density of building sites as etermir~e~i bYthe zonin~of such lot.
The fair share contribution in a form of cash land facilities, or any combination
thereof acceptable to tho director in consultation with the affected agencies s~Aall have
a maximum combined value of $7239 16 Ise- lot based
unon~.t~o applicant's
representation of intent to subdivide and develop up to 400 lots, the indicated total fair
share ontribution is ~2 895 664 00 however the dotal amount shall be increased or
reduced i.~proportion with t~~ actual number of subdivided lots according to the
calculation
and
navmenl provisions set forth in this Condition O The fair share
contri~ution.shall be allocated as fellows:
~3 ,490 85 per I~c~~ an indicated total of $1 396 340.00 to the County to
~.un~o~t_park and recreational improvements and facilities:
-28-
$168.40 per lot. for an indicated total of $67~360~ tq the ~Qunty_ to su~ort
police facilities;
$332.61 per lots for an indicated tplal of 5133,044.00 to the CQun to support
fire facilities:
$145 62 per lot for an indicated total of 558,2400 to the County_ to suort
solid waste facilities,;
53,101 68 per lot for an indicated total Qf 51,240,(72 00 to the .Mate or County
tg support road and traffic improvements
The fair share contributions desgribed above shall be adjusted annually beginning
three years after the effective date of this ordinance based on the percentage chance in
the Honolulu Consumer Price Index (HCPI~ In lieu g~~yin~.lhe fh~q
contribution the applicant may cgnstruct im~rgvements/facilities related to parks and
recreation fire mice, solid waste
disbQsal facilities, and roads within the region
impacted by the ~ronosed deve~o~ment subject to th~annroval of the.~anning
director The cost of constructing the impr~vemen rewired in Co~ditig~s H~, K and
L shall be credited against
th. e sum specified ir; on itic~n R(1) for p~~ks and
recreation Condition R(4 for S liq d waste facilities, and in Condition R(5 for road
an traffi im r ve en F r e f a i i e i di i th v f
1 d contri uted th cost of n im vem nt a airs m 'n li u f e '
Mhare contributigzi shall be such amount as aP~ved by the Planning~Director~u~~
~onsultatign with the annrgpriate agencies.
[(U) The Applicant shall conform, to the best extent practicable, with the guidelines as
provided within the Strategies for Energy Efficient Architecture by Hawaiian Design
and the State Model Energy Code, in the construction of dwellings within the subject
property; ]
SS[(T)] In the event that the State Department of Education adopts an educational facilities
impact fee program, the applicant shall participate in the requirements of the program;
-29-
~[(W)] Comply with all applicable laws, rules, regulations and requirements, including those
of the Department of Health, Fire, and the Department of Water Supply;
~[(X)] 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;
~V~,[(Y)] An annual progress report shall be submitted to the Planning Director prior to each
anniversary date of the approval of this change of zone. The report shall address in
detail the status of the development 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; and,
~[(Z)] An extension of time for the performance of conditions within the ordinance, with the
exception of Condition C, may be granted by the Planning Director upon the following
circumstances:
(1) the non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence;
(2) granting of the time extension would not be contrary to the General Plan or
Zoning Code;
(3) granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone;
(4) the time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within one
year may be extended for up to one additional year); and
-3 0-
(5) should the Applicant 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 not be met or substantially complied with in a
timely fashion, the Director shall initiate rezoning of the area to its original or more
appropriate designation."
SECTION 2. In the event that any portion of the ordinance is declared invalid, such invalidity
shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF I-I All
Hilo, Hawaii
Date of Introduction: December 15 , 19 9 5
Date of 1st Reading: December 15 , 1995
Date of 2nd Reading: January 3 , 1996
Effective Date: January 15 , 199 6
~"~!'~O'~9~~ as t®
CC~f'C~ATICN~COUI`lSEL
CGUNTYC/Gr i-iAWAiI
Date t ~
-31-
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u% . II~11( ~
OFFICE OE THE COUIOT'IY CLERIC
County of I°iawaai p C
Hilo , j-jj[dZURii Ld ~J w ' r t.;
(Di~fl~ )16 ? 57
r F I C E r, = I8OLL C~I~~°E
C 4 if ~ T G,~Yl~'w I N®ES ABS Ex
Introduced By: Takashi Domingo
Date Introduced: December 15, 1995 X
Bonk-Abramson X
First Reading: December 15 , 1995 X
Published: N/A
De Lima X
REMARKS: DOY~g° X
Osorio X
Rath x
Ray X
Smith
7 2 0 p
(DRAFT 6)
ROLL CALL VOTE
Second Readin January 3 , 19 9 6
g~ 19 9 6 AYES NOES ABS Ex
To Mayor: January 4 ,
Returned: January 16 , 19 9 6 `~'r~`'k' X
Effective: January 15 , 19 9 6 Bonk-Abramson X
Published January 2 4, 19 9 6 Childs X
De Lima X
REMARKS: Domingo X
Osorio X
Rath X
Ray X
Smith X
7 2 0 0
I DO HEREBY CERTIFY thrat the foregoing BILL wcas adopted by the County Council nand published as
indicated above,
COUNCIL CI3AIR1bIAN
COUNTY CLERK
Approved this ~ day
of 19.
181 (Draft 6 )
OR, COUNTY All BiII No.:
Referesace: C- 8 21 PC- 91
Oral. No.: