HomeMy WebLinkAboutORD 2005-102 2004-2006 COUNTY OF HAWAI`~ STATE OF HAWAII
~ y
BILL NU.
nR.DINANr'E NOU$
AN ORDINANCE AMENDING SECTION 25-8-13 (PUAKO-ANAEHOOMALU ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTII'LE FAMILY
RESIDENTIAL (RM-3) AND MULTIPLE FAMILY RESIDENTIAL (RM-4) TO SINGLE
FAMILY RESIDENTIAL (RS-20) AT ANAEHOOMALU, SOUTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 6-8-33:1-6, 8-14, 16-18, 20-49.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION ] . Section 25-8-13, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Anaehoomalu, South
Kohala, Hawaii, shall be Single Family Residential (RS-20):
PARCEL "A"
Beginning at the Southwesterly corner of this parcel of land, being also the
Southwesterly corner of Lot 1 of 49 Black Sand Beach Subdivision (File Plan 2249) and
an angle point on the boundary of Lot B of Mauna Lani Resort South Course Subdivision
(File Plan 2199), the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU HINAI"being 11,277.19 feet North and 35,757.32
feet West and running by azimuths measured clockwise from True South:
Thence for the next six (6) courses following along Lot B of Mauna Lani Resort
South Course Subdivision (File Plan 2199) and along the remainder of Royal
Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalamai
1. 163° 49' 108.26 feet to a point;
2. 249° 15' 64.00 Feet to a point;
3. 222° 03' 77.00 feet to a point;
-1-
4. 199° 29' 63.00 feet to a point;
5. 175° 50' 50.00 feet to a point;
6. 165° 27' 45.88 feet to a point;
7. 266° 10' 170.75 feet along the Open Zoned remainder of
Lot 2 and along the remainder of Royal
Patent 7523, Land Commission
Award 4452, Apana 4 to H. Kalama to a
point;
8. 334° 37' 155.15 feet along the Open Zoned remainder of
Lot 2 and along the remainder of Royal
Patent 7523, Land Commission
Award 4452, Apana 4 to H. Kalama to a
point;
9. 38° 02' 162.62 feet along the Open Zoned remainders of
Lots 2 and 1 and along the remainder of
Royal Patent 7523, Land Commission
Award 4452, Apana 4 to H. Kalama to a
point;
10. 70° 11' 237.87 feet along the Open Zoned remainder of
Lot 1 and along the remainder of Royal
Patent 7523, Land Commission
Award 4452, Apana 4 to H. Kalama to the
point of beginning and containing an area of
1.531 Acres.
The district classification of the following area situated at Anaehoomalu, South
Kohala, Hawaii, shall be Single Family Residential (RS-20):
PARCEL "B"
Beginning at the Southeasterly comer of this parcel of land, being also the
Southeasterly corner of Lot 6 and the Southwesterly corner of Lot 7 and being a point on
the Northerly side of Honokaope Place, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PiJIJ HINAI" being 11,106.66 feet
North and 34,509.65 feet West and running by azimuths measured clockwise from True
South:
-2-
Thence, for the next three (3) courses following along the Northerly side of
Honokaope Place:
1. 92° 00' 334.92 feet to a point;
Thence, following on a curve to the right with a radius of 375.00 feet, the chord
azimuth and distance being:
Z. 105° 47' 30" 178.79 feet to a point;
3. 119° 35' 56.09 feet to a point;
4. 173° 00' 271.83 feet along Lot 51 to 49 Black Sand Beach
Subdivision (File Plan 2246) and along the
remainder of Royal Patent 7523, Land
Commission Award 4452, Apana 4 to H.
Kalama to a point;
Thence, for the next eight (8) courses following along highwater mark at seashore
as of June 4, 1980 as shown on File Plans 2199, the direct azimuths and distances
being:
5. 274° 15' 225.66 feet to a point;
6. 226° 09' S0" 19.86 feet to a point;
7. 221 ° 15' 199.51 feet to a point;
8. 246° 07' 35" 61.92 feet to a point;
9. 340° OS' 133.38 feet to a point;
10. 312° 28' 02" 17.38 feet to a point;
11. 270° 23' S0" 90.70 feet to a point;
12. 250° 20' 12.93 feet to a point;
13. 0° 00' 396.51 feet along Lot 7 of 49 Black Sand Beach
Subdivision (File Plan 2246) and along the
remainder of Royal Patent 7523, Land
Commission Award 4452, Apana 4 to H.
-3-
Kalama to the point ofbeginning and
containing an area of 5.169 Acres, more or
less.
The district classification of the following area situated at Anaehoomalu, South
Kohala, Hawaii, shall be Single Family Residential (RS-20):
PARCEL"C"
Beginning at the Southwesterly comer of this parcel of land, being also the
Southwesterly corner of Lot 8 and the Southeasterly corner of Lot 7 and being a point on
the Northerly side of Honokaope Place, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PLN HINAI"being 11,101.16 feet
North and 34,352.06 feet West and running by azimuths measured clockwise from True
South:
1. 172° 00' 442.08 feet along Lot 7 of 49 Black Sand Beach
Subdivision (File Plan 2246) and along the
remainder of Royal Patent 7523, Land
Commission Award 4452, Apana 4 to H.
Kalama to a point;
Thence, for the next seven (7) courses following along highwater mark at seashore
as of June 4, 1980 as shown on File Plans 2199, the direct azimuths and distances
being:
2. 243° 35' 91.33 feet to a point;
3. 231° 54' 09" 57.63 feetto a point;
4. 212° 35' 59.40 feetto a point;
5. 196° 45' 129.48 feet to a point;
6. 223° 43' 10' 80.82 feet to a point;
7. 295° 15' 67.45 feet to a point;
8. 243° l5' 25" 52.49 feet to a point;
Thence, for the next five (5) courses following along the Open Zoning designation
and along the remainder of Royal Patent 7523, Land Commission Award 4452,
Apana 4 to H. Kalama:
-4-
9. 251 ° 00' 89.24 feet along the remainder of Lot 13 to a point;
10. 156° 20' 174.00 feet along the remainders of Lot 13 and
14-A to a point;
1 I . 196° 58' 151.00 feet along the remainders of Lots 14-A and
16-A to a point;
12. 164° 53' 384.00 feet along the remainders of Lots 16-A, 17
and 18 to a point;
13. 219° 15' 81.69 feet along the remainder of Lot 18 to a point;
14. 317° 21' 399.70 following along Lot 1 of Mauna Lani Resort
South Course Subdivision (File Plan 2199)
and along the remainder of Royal
Patent 7523, Land Commission
Award 4452, Apana 4 to H. Kalama to a
point;
Thence, for the next ten (10) courses following along the Northerly and
Northwesterly side of Honokaope Court:
Thence, from a tangent azimuth of 137° 21' following on a curve to the left with a
radius of 58.00 feet, the chord azimuth and
distance being:
15. 84° 40' 02" 92.25 feet to a point;
Thence, from a tangent azimuth of 31 ° 59' 04" following on a curve to the ]eft
with a radius of 58.00 feet, the chord
azimuth and distance being:
16. 344° 02' 10" 86.13 feet to a point;
Thence, from a tangent azimuth of 296° OS' 16" following on a curve to the right
with a radius of 25.00 feet, the chord
azimuth and distance being:
17. 333° 02' 38" 30.06 feet to a point;
-5-
18. 10° 00' 105.33 feet to a point;
Thence, following on a curve to the left with a radius of 375.00 feet, the chord
azimuth and distance being:
19. 353° 00' 219.28 feet to a point;
20. 336° 00' 50.22 feet to a point;
Thence, following on a curve to the right with a radius of 350.00 feet, the chord
azimuth and distance being:
21. 25° 30' 532.28 feet to a point;
22. 75° 00' 55.76 feet to a point;
Thence, following on a curve to the left with a radius of 225.00 feet, the chord
azimuth and distance being:
23. 38° 30' 267.67 feet to a point;
Thence, from a tangent azimuth of 2° 00' following on a curve to the right with a
radius of 27.94 feet, the chord azimuth and
distance being:
24. 47° 00' 39.51 feet to a point;
25. 92° 00' 75.43 feet along the Northerly side of Honokaope
Place to the point of beginning and
containing an area of 9.429 Acres.
The district classification of the following area situated at Anaehoomalu, South
Kohala, Hawaii, shall be Single Family Residential (RS-20):
PARCEL"D"
Beginning at the Northwesterly corner of this parcel of land, being also the
Northwesterly corner of Lot 20 and the Southwesterly comer of Lot 19 of 49 Black Sand
Beach Subdivision (File Plan 2246) and being a point on the Easterly side of Honokaope
Court, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUU HINAI" being 1 ],85932 feet North and 33,756.53 feet West
and running by azimuths measured clockwise from True South:
-6-
Thence, for the next three (3) courses following along Lot 19 of 49 Black Sand
Beach Subdivision (File Plan 2246) and along the remainder of Royal Patent
7523, band Commission Award 4452, Apana 4 to H. Kalamai
1. 273° 00' 71.99 feet to a point;
2. 183° 00' 120.55 feet to a point;
3. 273° 00' 30.00 feet to a point;
Thence, for the next eleven (11) courses following along Lot 1 of Mauna Lani
Resort South Course Subdivision (File Plan 2199):
4. 308° 02' 156.52 feet to a point;
5. 333° 10' 23.49 feet to a point;
6. 312° 00' 233.00 feet to a point;
7. 290° 28' 358.62 feet to a point;
8. 243° OS' 115.00 feetto a point;
9. 202° 04' 94.42 feet to a point;
10. 158° 17' 181.29 feet to a point;
1 l . 173° 40' 59.16 feet to a point;
12. 189° 24' 65.00 feet to a point;
13. 234° 18' 369.00 feet to a point;
14. 277° 11' 315.96 feet to a point;
Thence, for the next five (5) courses following along the Northwesterly side of
Honokaope Place:
15. 321 ° 38' S1" 45.32 feet to a point;
16. 41 ° 59' 856.06 feet to a point;
-7-
Thence, following on a curve to the right with a radius of 415.00 feet, the chord
azimuth and distance being:
17. 69° 59' 30" 389.77 feet to a point;
18. 98° 00' 197.05 feet to a point;
Thence, following on a curve to the left with a radius of 425.00 feet, the chord
azimuth and distance being:
19. 78° 41' 23" 281.08 feet to a point;
Thence, for the next three (3) courses following along the Northeasterly side of
Honokaope Way:
Thence, from a tangent azimuth of 59° 22' 46" following on a curve to the right
with a radius of 25.00 feet, the chord
azimuth and distance being:
20. 101° L1' 23" 33.33 feetto a point;
21. 143 ° 00' 94.09 feet to a point;
Thence, following on a curve to the right with a radius of 25.00 feet, the chord
azimuth and distance being:
22. 178° 48' OS" 29.25 feet to a point;
Thence, from a tangent azimuth of 214° 36' 10'following along the Easterly side
of Honokaope Court on a curve to the left
with a radius of 400.00 feet, the chord
azimuth and distance being:
23. 185° 18' OS" 391.52 feet to a point;
24. 156° 00' 10.02 feet along the Easterly side of Honokaope
Court to the point of beginning and
containing an area of 11.777 Acres.
The district classification of the following area situated at Anaehoomalu, South
Kohala, Hawaii, shall be Single Family Residential (RS-20):
-8-
PARCEL "E"
Beginning at the Northwesterly corner of this parcel of land, being also the
Northwesterly corner of Lot 49 and the Northeasterly corner of Lot 50 of 49 Black Sand
Beach Subdivision (File Plan 2246) and being a point on the Southerly side of
Honokaope Place, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PLN HINAI"being 11,123.53 feet North and 35,041.09
feet West and running by azimuths measured clockwise from True South:
Thence, for the next seven (7) courses following along the Southerly side of
Honokaope Place:
Thence, from a tangent azimuth of 299° 35' following on a curve to the left with a
radius of 425.00 feet, the chord azimuth and
distance being:
1. 285° 47' 30" 202.63 feet to a point;
2. 272° 00' 594.52 feet to a point;
Thence, following on a curve to the left with a radius of 625.00 feet, the chord
azimuth and distance being:
3. 252° 30' 417.26 feet to a point;
4. 233° 00' 182.94 feet to a point;
Thence, following on a curve to the right with a radius of 375.00 feet, the chord
azimuth and distance being:
5. 255° 30' 287.01 feet to a point;
6. 278° 00' 197.05 feet to a point;
Thence, following on a curve to the left with a radius of 465.00 feet, the chord
azimuth and distance being:
7. 260° l0' 284.81 feet to a point;
Thence, for the next fourteen (14) courses following along I,ot B of Mauna Lani
Resort South Course Subdivision (File Plan 2199) and along the remainder of
Royal Patent 7523, Land Commission Award 4452, Apana 4 to H. Kalamai
-9-
8. 62° 20' 354.76 feet to a point;
9. 50° 18' 447.73 feet to a point;
10. 9° 25' 88.00 feet to a point;
1 L S4° 44' l 31.00 feet to a point;
12. 100° 41' 112.00 feet to a point;
13. 83° 28' 133.23 feet to a point;
14. 93° 10' 530.00 feet to a point;
15. 68° 51' 89.00 feet to a point;
16. 39° l 7' 114.00 feet to a point;
17. 115° 22' 125.00 feet to a point;
18. 177° 35' 34.00 feet to a point;
19. 145° 32' 99.00 feet to a point;
20. 94° 44' 214.00 feet to a point;
21. 138° 09' 178.78 feet to a point;
22. 194° 48' 135.03 feet a]ong the Open Zoned remainder of
Lot 49 of 49 Black Sand Beach Subdivision
(File Plan 2246) and along the remainder of
Royal Patent 7523, Land Commission
Award 4452, Apana 4 to H. Kalama to a
point;
23. 273° 00' 88.60 feet along Lot 50 of 49 Black Sand Beach
Subdivision (File Plan 2246) and along the
remainder of Royal Patent 7523, Land
Commission Award 4452, Apana 4 to H.
Kalama to the point of beginning and
containing an area of 13.438 Acres.
-10-
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safehy and welf re; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns shall be responsible for complying with <dl of
the stated conditions of approval.
B. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
C. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-11-
SEC"PION 4. This ordinance shall take effect upon its approval.
_ _INTRODUCED BX:
y_.~.
COUNCIL ME~s'~IBER, COU Y F H WAi`I
~ .
INTRODUCE
-lz-a'
CO IL lYt BER, COUNTY AWAI`I
Kona , Hawaii
Date of Introduction: June 1, 2005
Date oflstReading: June 1, 2005
Date of 2nd Reading: June 15 , 2005
Effective Date: June 17, 2005
F'cS'Li:i:~;:..E: Co:~rn. 229
-12-
R -3 _ RM-3 .
OPEN OPEN S. Kat - cu-Drr - - A-~
OPEN ~ RM-3 _ ~ V ~V
~ PARC~L~"E" ~.3 ~
MUZTIeLE-FAMILY RESIDENTIAL (RM-3)
AND MULTIPLE-FAMILY RESID TIAL (RM-4) M ~ la~~ OPEN
GLE- MILY RESIDENTI RS-20 R -3 m1 ~ S
13.438 Acs. - ~R -3 ~ ~
I \ \ ij
4
- Rr~-3 ~ ~
RCEL "C" ~ ~ I ~ OPEN
MULTIPLE-FAM Y RESIDENTIAL R _ - ~
1 M-~3-
AND MULTIPLE•FAMIL ESIDENTIAL (RM-4)
TO SINGLE-FAMILY RES ENTIAL RS-20 11,859.32 N
33, 756.53 W )
9.429 ACS. "PUU HINAI'~ ~ ~
OPEN t ~
\ A-Sa
OPEN ' ~
Oo~~ i'~
~p ~~L'1th t~4 ) \
11,101.18N 9~~ti _
34,352.06 W ~ RM-4 ~ OPFN ~ \
"PUUHINAI'~, - OPEN y
PARCEL"B" / ~
MULTIPLE-FAMILY RESIDENTIAL (RM-4) ~ \ RM-
TO SINGLE-FAMILY RESIDENTIAL (RS-20) RM- - 1 ~
5.169 Acs. ~
,P~ PARCEL "D"
11,123.53 N MULTIP E-FAMILY R IDENTIAL (R -
35,041.09 W AND MOLT PLE-FAMILY ESIDENTIAL RM-4)
"PUU HINAI'~ " TO SIN E-FAMILY R SIDENTIAL (R 20)
11,106.66 N 11.777 Acs.
Op ~ 34,509.65 W ,
L "PUU HIN 1'~ RM-4
11,27219 N ~ (I ~ ~ PARCELJ~A" ~ /
35,757.32 W OPEN I~ 1, OP@R MULTIPLE-FAMILY R~IDENTIAL (RM-4 OPEN / RM-4
"PUU HINAI'~ ~ TO SINGLE-FAMILY ESIDENTIAL (RS- )
1.5 Acs.
580 290 0 580 1 160 1 740 2 320 2 9~0
eet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-13 (PUAKO-ANAEHOOMALU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM MULTIPLE-FAMILY RESIDENTIAL (RM-3)
AND MULTIPLE-FAMILY RESIDENTIAL (RM-4)
TO SINGLE-FAMILY RESIDENTIAL (RS-20)
AT ANAEHOOMALU, SOUTH KOHALA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 6-8-033:001-006, 008-014, 016-018, 020-049 Date: January 13, 2005
EXHIBIT "A" (LOT OWNERS WITHIN THE 49 BLACK SANDS BEACH AT MAUNA LANI SUBDIVISION:1 159)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By: Bete Hoffmann/[c. angel Pilago ~ - ~ - ~ .l ;ROLY:-CALL VOTE
Date Introduced: June 1, 2005 AYES NOES ABS EX
First Reading: June 1, 2005 Arakaki. X
Published: N/A Higa X
Hoffinann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
Second Reading: June 15, 2005
To Mayor: June 16, 2005 ROLL CALL VOTE
Returned: June 17, 2005 AYES NOES ABS EX
Effective: June 17, 2005 Arakaki X
Published: June 23, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
I COUNCIL AIRMAN
DEP CORPORATION COUNSEL ~~~ry~~-t-~ , ~/~j~~~
COUN OF HAWAII ~C ~C
JUN 1 6 2005 coUNrrcLERK
Date
88
Bill No.:
~ k,, C-229/PC-19
Reference:
`Approv~isupproved this l1 dory - yq
Ord No.: ~Jr ~{,~~.r
of ~~+mel zo 05
YOIZ, ~OUNTYOFHAWAI7