HomeMy WebLinkAboutORD 1983-063 1980-1984BILL No. _1043
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NOS 83 63
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO
SINGLE FAMILY RESIDENTIAL (RS-7.5), (RS-10), (RS-15); MULITIPLE
FAMILY RESIDENTIAL (RM-3.0); NEIGHBORHOOD COMMERCIAL (CN-20)
AND OPEN (Oj AT KALOKO AND KOHANAIKI, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-09:19.
BE IT ORllAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, 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 Kaloko and Kohanaiki, North Kona, Hawaii,
shall be Single Family Residential (RS-15):
(AREA A-1)
Beginning at a 3/4" pipe in concrete on the North corner
of this parcel to land, being the Southwest corner of
Grant 2927 to K. K. Kameheu and the Northwest corner of
Grant 2030 to Kaiakoili, the coordinates of said point of
beginning referred to Government Survey 'Prainyulation
Station "MOANUTAHEA" being 11,226.64 feet South and
11,432.35 feet West and running by azimuths measured
clockwise from True South:
1. 343° 02' 21" 1,096.19 feet along Grant 2030 to
Kaiakoili;
2. 71° 26' 20" 120.39 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
3. 73° 43' 30" 25.67 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
4. 73° 12' 30" 52.58 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
5. 73° 12' 30" 11.00 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
6. 76° 21' 00"
7. 89° 33' 30"
8. 85° 34' 30"
9. 4° 25' 00"
10. 349° 25' 45"
11. 340° 30' 45"
12. 331° 04' 30"
13. 341° 58' 00"
14. 261° 50' 30"
15. 255° 06' 30"
16. 323° 31' 00"
17. 239° 19' 00"
18. 248° 22' 30"
19. 231° 27' 00"
20. 244° 39' 30"
38.29 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
93.21 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
31.02 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
33.13 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
75.64 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
59.99 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
81.10 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
33.05 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
31.68 feet along Exclusion 2,
being a rem ainder of
Grant 2942 to Hulikoa;
37.80 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
19.03 feet along Exclusion 2,
being a rem ainder of
Grant 2942 to Hulikoa;
47.93 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
39.83 feet along Exclusion 2,
being a remainder of
Grant 2942 to Hulikoa;
50.60 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
19.06 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
-2-
21. 250° 30' 30" 25.05 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
22. 262° 20' 00" 45.45 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
23. 256° 23' 00" 33.01 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
24. 255° 04' 00" 29.30 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
25. 165° 12' 00" 5.89 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa;
26. 272° 59' 30" 8.44 feet along Exclusion 1,
being a remainder of
Grant 2942 to Hulikoa, a nd
to the Westerly boundary of
Grant 2942 to Kaiakoili;
27. 343° 02' 21" 190.53 feet along Grant 2030 to
Kaiakoili;
28. 71° 50' 45" 104.40 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
29. 332° 33' 45" 63.20 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
30. 68° 10' 15" 209.40 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
31. 90° 18' 45" 16.00 feet following stonewall
alony Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
32. 61° 45' 45" 41.20 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
33. 344° 31' 45" 110.70 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
-3-
34. 337° 41' 45" 42.20 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
35. 326° 27' 45" 44.70 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
36. 310° 58' 45" 66.00 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
37. 233° 55' 45" 117.20 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
38. 240° 35' 45" 101.10 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
39. 255° 16' 15" 112.15 feet following stonewall
along Parcel "A", along the
remainder of Grant 2942 to
Hulikoa;
40. 338° 20' 20" 182.00 feet along Grant 3734 to
Kikaha to a "+" on Pahoehoe
(found) ;
41. 76° 09' S0" 475.08 feet along R.P. 8214,
L.C.Aw. 7715, Ap. 11 to Lota
Kamehameha to a 1/2" pipe in
concrete (found);
42. 342° 54' 30" 3,001.62 feet along the remainder of
R.P. 8214, L.C.Aw. 7715, Ap.
11 to Lota Kamehameha and
along Kona Heavens, Unit II
(File Plan 1537);
43. 128° 00' 00" 1,307.32 feet along proposed Zone
RS-15, (Area (A-2);
44. Thence along proposed Zone RS-15, (Area A-2), on a
curve to the left with a
radius of 3,000.00 feet, the
chord azimuth and distance
being:
122° 11' S8" 606.39 feet;
45. 206° 23' S6" 661.51 feet along proposed Zone CN,
(Area G) and RS-10, (Area B);
-4-
46. Thence along proposed Zone RS-10, (Area B) on a curve
to the left with a radius of
600.00 feet, the chord
azimuth and distance being:
184° 39' 13" 444.58 feet;
47. 162° 54' 30" 285.20 feet along proposed Zone
RS-10, (Area B);
48. Thence along proposed Zone RS-10, (Area B) on a curve
to the left with a radius of
600.00 feet, the chord
azimuth and distance being:
135° 32' 46" 551.54 feet;
49. 198° 11' 02" 180.00 feet along proposed Zone
RS-10, (Area B);
50. 162° 54' 30" 1,373.05 feet along proposed Zone
RS-10, (Area B) to the
boundary with Grant 5912 to
John Broad;
51. 252° 43' 20" 235.16 feet along stonewall along
Grant 5912 to John Broad, to
a spike in Pahoehoe and Ahu;
52. 241° 08' 20" 409.00 feet following stonewall
along Grant 5912 to John
Broad to a 1/2" pipe;
53. 234° 45' 20" 514.00 feet following stonewall
along Grant 5912 to John
Broad to the Southwest
corner of Grant 2027 to K.
K. Kameheu and the Northwest
corner of Grant 2030 to
Kaiakoili, and to point of
beginning and containing an
Area of 84.379 Acres.
(Refer to Area A-1 as shown
on Exhibit "A").
The district classification of the following area
situated at Kaloko, North Kona, Hawaii, shall be Single
Family Residential (RS-15):
(AREA A-2)
Beginning at the Northeast corner of this parcel of land,
on the boundary with Kona Heavens, Unit I (File Plan
1423), being the same point as the end point of Course 42
of the description for proposed Zone RS-15, (Area A-1),
the coordinates of said point of beginning referred to
-5-
Government Survey Triangulation Station "MOANUTAHEA" being
16,103.86 feet South and 10,404.31 feet west and running
by azimuths measured clockwise from True Soutb:
1. 342° 54' 30" 1,963.62 feet along the remainder of
R.P. 8214, L.C.Aw. 7715, Ap.
11 *_o Lota Kamehameha and
along Kona Heavens, Unit I
(File Plan 1423);
2. 75° 36' 25" 134.50 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
3. 67° 03' 45" 54.20 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
4. 82° 52' 45" 97.50 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
5. 76° 52' 15" 312.20 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
6. 79° 26' 45" 64.67 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi;
7. 162° 54' 30" 1,600.00 feet along proposed Zone
RS-10, (Area E);
8. 128° 00' 00" 1,805.45 feet along proposed Zone
RS-10, (Area E);
9. 162° 54' 30" 250.00 feet along proposed Zone
RS-10, (Area E);
10. 199° 15' S6" 229.16 feet along proposed Zone
RS-10(Area E);
11. Thence along proposed Zone RS-10, (Area E), on a
curve to the right with a
radius of 2,785.00 feet, the
chord azimuth and distance
being:
291° 06' S6" 179.82 feet;
12. 202° 57' S6" 215.00 feet along proposed Zone
RS-10, (Area E);
13. Thence along proposed Zone CN, (Area G), on a curve to
the right with a radius of
3,000.00 feet, the chord
azimuth and distance being:
294° 40' S6" 179.74 feet;
-6-
14. Thence along proposed Zone RS-15, (Area A-1), on a
curve to the right with a
radius of 3,000.00 feet, the
chord azimu*_h and distance
being:
302° 11' S8" 606.39 feet;
15. 308° 00' 00" 1,307.32 feet along proposed Zone
RS-15, (Area A-1), to the
point of beginning and
containing an Area of 60.170
Acres. (Refer to Area A-2
as shown on Exhibit "A").
The district classification of the following area
situated at Kaloko and Kohanaiki, North Kona, Hawaii,
shall be Single Family Residential (RS-10):
(AREA 8)
Beginning at the North corner of this parcel of land, on
the boundary with Grant 5912 to John Broad, being the same
point as the end point of course no. 60 of the description
for proposed Zone RS-15, (Area A), the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA" being 11,790.51 feet
South and 12,434.88 feet West, and running by azimuths
measured clockwise from True South:
1. 342° 54' 30" 1,373.05 feet along proposed Zone
RS-15, (Area A);
2. 18° 11' 02" 180.00 feet along proposed Zone
RS-15, (Area A);
3. Thence along proposed Zone RS-15, (Area A), on a curve
to the right with a radius
of 600.00 feet, the chord
azimuth and distance being:
315° 32' 46" 551.54 feet;
4. 342° 54' 30" 285.20 feet along proposed Zone
RS-15, (Area A);
5. Thence along proposed Zone RS-15 (Area A), on a curve
to the right with a radius
of 600.00 feet, the chord
azimuth and distance being:
4° 39' 13" 444.58 feet;
6. 26° 23' S6" 221.51 feet along proposed Zone
RS-15, (Area A);
7. 116° 23' 56" 700.00 feet along proposed Zones
CN, (Area G) and RM-3.0,
(Area D);
-7-
8. 162° 54' 30" 977.08 feet along proposed Zone
RM-3.0 (Area D);
9. 72° 54' 30" 187.20 feet along proposed Zone
RM-3.0, (Area D);
10. Thence along proposed Zone RM-3.0, (Area D), on a
curve to the left with a
radius of 600.00 feet, the
chord azimuth and distance
being:
67° 20' 16" 116.48 feet;
11. 151° 46' 03" 977.08 feet along proposed Zones
CN, (Area G), and RM-3.0,
(Area D);
12. 162° 54' 30" 1,360.00 feet along proposed Zone
RS-7.5 (Area C), to the
boundary with Grant 5912 to
John Broad;
13. 252° 43' 20" 990.21 feet along stonewall along
Grant 5912 to John Broad, to
the point of beginning and
containing an Area of 54.049
Acres. (Refer to Area B as
shown on Exhibit "A").
The district classification of the following area
situated at Kohanaiki, North Kona, Hawaii, shall be Single
Family Residential (RS-7.5):
(AREA C)
Beginning at the North corner of this parcel of land, on
the boundary with Grant 5912 to John Broad, being the same
point as the end point of course no. 12 of the description
for proposed Zone RS-10, (Area B), the coordinates of said
point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA" being 12,084.55 feet
South and 13,380.21 feet West and running by azimuths
measured clockwise from True South:
1. 342° 54' 30" 1,360.00 feet along proposed Zone
RS-10, (Area B);
2. 331° 46' 03" 59.03 feet along proposed Zone
RS-10, (Area B);
3. Thence along proposed Zone RM-3.0, (Area D), on
a curve to the left with a
radius of 600.00 feet, the
chord azimuth and distance
being:
42° 44' 31" 391.19 feet;
-8-
4. Thence along proposed Zone RM-3.0, (Area D), on a
curve to the right with a
radius of 500.00 feet, the
chord azimuth and distance
being:
138° 18' S5" 416.17 feet;
5. 72° 54' 30" 450.00 feet along proposed Zone
RM-3.0, (Area D);
6. 162° 54' 30" 1,225.00 feet along the remainder of
Grant 2942 to Hulikoa to a
pipe in concrete;
7. 252° 14' 02" 937.23 feet along Grant 9468 to
Mrs. Hattie Kinoulu to the
Southwest corner of
Grant 5912 to John Broad to
a " --i" cut in stonewall;
8. 252° 43' 20" 12.83 feet along stonewall along
Grant 5912 to John Broad to
the point of beginning and
containing an Area of 29.819
Acres. (Refer to Area C as
shown on Exhibit "A")
The district classification of the following area
situated at Kaloko and Kohanaiki, North Kona, Hawaii,
shall be Multiple Family Residential (RM-3.0):
(Area D)
Beginning at the West corner of this parcel of land, on
the boundary being the same point as the end point of
course no. 5 of the description for proposed Zone RS-7. 5,
(Area C), the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"MOANUTAHEA" being 13,545.24 feet South and 13,924.97 feet
West and running by azimuths measured clockwise from True
South:
1. 252° 54' 30" 450.00 feet along proposed Zone
RS-7. 5, (Area C);
2. Thence along proposed Zone RS-7.5, (Area C), on a
curve to the left with a
radius of 500.00 feet, the
chord azimuth and distance
being:
318° 18' S5" 416.17 feet;
-9-
3. Thence along proposed Zone RS-7. 5, (Area C), and
RS-10, (Area B), on a curve
to the right with a radius
of 600.00 feet, the chord
azimuth and distance being:
228° 18' 45" 499.46 feet;
4. 252° 54' 30" 187.20 feet along proposed Zone
RS-10, (Area B);
5. 342° 54' 30" 977.08 feet along proposed Zone
RS-10, (Area B);
6. 296° 23' S6" 40.00 feet along proposed Zone
RS-10, (Area B);
7. 15° 32' 17" 502.74 feet along proposed Zone CN,
(Area G);
8. Thence alo ng pro posed Zon e RS-10, (Area E), on a curve
to the left with a radius of
3,000.00 feet, the chord
azimuth and distance being:
97° 52' 03" 800.86 feet;
9. 180° 11' 49"
10. 90° 11' 49"
600.00 feet along proposed Zone O
(Open), (Area H);
497.19 feet along proposed Zone O
(Open), (Area H);
11. 162° 54' 30" 539.95 feet along remainder of
Grant 2942 to Hulikoa to the
point of beginning and
containing an Area of 29.840
Acres. (Refer to Area ll as
shown on Exhibit "A")
The district classification of the following area
situated at Kaloko, North Kona, Hawaii, shall be Single
Family Residential (RS-10):
(AREA E)
Beginning at the Southeast corner of this parcel of land,
on the boundary with Royal Patent 7587, Land Commission
Award 11216, Apana 36 to Kekauonohi, Honokahau 1st, being
the same point as the end point of course no. 47 of the
description for proposed Zone RS-15, (Area A), the
coordinates of said point of beginning referred to
Government Survey Tri3nqulation Station "MOANUTAHEA" being
18,130.16 feet South and 10,471.76 feet West, and running
by azimuths measured clockwise from True South:
-10-
1. 79° 26' 45" 21.03 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
2. 58° 09' 45" 21.30 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
3. 90° 25' 45" 71.05 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
4. 79° 12' 25" 43.60 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
5. 67° 11' 25" 105.60 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
6. 79° 33' 45" 230.20 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
7. 69° 35' 45" 96.95 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
8. 82° 14' 45" 64.50 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
9. 100° 20' 45" 22.00 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
10. 76° O1' OS" 120.69 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
11. 88° 23' 45" 76.80 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
12. 83° 22' 15" 131.40 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi;
13. 162° 54' 30" 1,700.00 feet along prop osed Z one
RS-7.5, (Area F );
-11-
14. 128° 00' 00" 1,158.89 feet along proposed Zone
RS-7.5, (Area F);
15. 162° 54' 30" 850.00 feet along proposed Zone
RS-7.5, (Area F);
16. 183° 53' 49" 285.88 feet along proposed Zone
RS-7.5, (Area F);
17. Thence along proposed Zone RS-7.5, (Area F), on a
curve to the left with a
radius of 2,785.00 feet, the
chord azimuth and distance
being:
92° 02' 49" 179.82 feet;
18. 180° 11' 49" 215.00 feet along proposed Zone
RS-7.5, (Area F);
19. Thence along proposed Zones RM-3.0, (Area D), and CN,
(Area G), on a curve to the
right with a radius of
3,000.00 feet, the chord
azimuth and distance being:
281° 34' S3" 1,184.33 feet;
20. 22° 57' 56" 215.00 feet along proposed Zone
RS-15, (Area A);
21. Thence along proposed Zone RS-15, (Area A), on a
curve to the left, with a
radius of 2,785.00 feet, the
chord azimuth and distance
being:
111° 06' S6" 179.82 feet;
22. 19° 15' 56" 229.16 feet along proposed Zone
RS-15, (Area A);
23. 342° 54' 30" 250.00 feet along proposed Zone
RS-15, (Area A);
24. 308° 00' 00" 1,805.45 feet along proposed Zone
RS-15, (Area A);
25. 342° 54' 30" 1,600.00 feet along proposed Zone
RS-15, (Area A), to the
point of beginning and
containing an Area of 79.347
Acres. (Refer to Area E as
shown on Exhibit "A").
-12-
The district classification of the following area
situated at Kaloko, North Kona, Hawaii, shall be Single
Family Residential (RS-7. 5):
(AREA F)
Beginning at the Southeast corner of this parcel of land,
on the boundary with Royal Patent 7587, Land Commission
Award 11216, Apana 36 to Kekauonohi, Honokahau 1st, being
the same point as the end point of course no. 12 of the
description for proposed Zone RS-10, (Area E), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being
18,320.56 feet South and 11,448.96 feet West, and running
by azimuths measured clockwise from True South:
1. 83° 22' 15"
2. 85° 16' 35"
55.70 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
930.00 feet along R.P. 7587,
L.C.Aw. 11216, Ap. 36 to
Kekauonohi to a 3/4" pipe in
concrete;
3. 162° 54' 30" 3,898.13 feet along the remainder of
R.P. 8214, L,C.Aw. 7715, Ap.
11 to Lota Kamehameha;
4. Thence along proposed Zone O, (Area H), on a curve to
the right with a radius of
3,000.00 feet, the chord
azimuth and distance being:
267° 16' 26" 305.98 feet;
5. 0° 11' 49" 215.00 feet along proposed Zone
RS-10, (Area E);
6. Thence along proposed Zone RS-10, (Area E), on a curve
to the right with a radius
of 2,785.00 feet, the chord
azimuth and distance being:
272° 02' 49" 179.82 feet;
7. 03° 53' 49" 285.88 feet along proposed Zone
RS-10, (Area E);
8. 342° 54' 30" 850.00 feet along proposed Zone
RS-10, (Area E);
9. 308° 00' 00" 1,158.89 feet along proposed Zone
RS-10, (Area E);
-13-
10. 342° 54' 30" 1,700.00 feet along proposed Zone
RS-10, (Area E), to the
point of beginning and
containing an Area of 59.038
Acres. (Refer to Area F as
shown on Exhibit "A").
The district classification of the following area
situated at Kaloko, North Kona, Hawaii, shall be
Neighborhood Commercial (CN-20):
(AREA G)
Beginning at the West corner of this parcel of land, being
the same point as the end point of course no. 7 of the
description for proposed Zone RM-3.0, (Area D), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being
14,772.67 feet South and 12,477.84 feet West, and running
by azimuths measured clockwise from True South:
1. 195° 32' 17" 502.74 feet along proposed Zone
RS-3.0, (Area D);
2. 296° 23' S6" 660.00 feet along proposed Zone
RS-10, (Area B);
3. 26° 23' 56" 440.00 feet along proposed Zone
RS-15, (Area A);
Thence along proposed Zones RS-15, (Area A), and RS-10,
(Area E), on a curve to the
left with a radius of
3,000.00 feet, the chord
azimuth and distance being:
110° 58' 07" 567.82 feet;
to the point of beginning
and containing an Area of
6.478 Acres. (Refer to Area
G as shown on Exhibit "A").
The district classification of the following area
situated at Kaloko and Kohanaiki, North Kona, Hawaii,
shall be Open (O):
(AREA H)
Beginning at the Northwest corner of this parcel of
land, being the same point as the end point of course no.
10 of the description for proposed Zone RM-3.0, (Area D),
the coordinates of said point of beginning referred to
-14-
Government Survey Triangulation Station "MOANUTAHE" being
14,061.34 feet South and 13,766.29 feet West, and running
by azimuths measured clockwise from True South:
1. 270° 11' 49" 497.19 feet along proposed Zone
RM-3.0, (Area D);
2. 00° 11' 49: 600.00 feet along proposed Zone
RM-3.0, (Area D);
3. Thence along proposed Zone RS-7.5, (Area F), on a
curve to the left with a radius of
3,000.00 feet, the chord azimuth and
distance being:
87° 16' 26" 305.98 feet;
4. 162° 54' 30" 644.73 feet along the remainder of
R.P. 8214, L.C.Aw. 7715, Ap.
11 to Lota Kamehameha and
along the remainder of Grant
2942 to Hulikoa to the point
of beginning and containing
an Area of 5.599 Acres.
(Refer to Area H as shown as
Exhibit "A").
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the zoning for the subject
property shall be effective only after: (1) there are
assurances satisfactory to the Departments of Water Supply and
Planning, upon consultation with the State Department of
Health, and the Division of Water and Land Development of the
State Department of Land and Natural Resources, that a source
of sufficient quality and quantity has been established within
two years from the effective date of this ordinance; provided
that a maximum one-year extension to the two-year time limit
may be granted by the Planning Director with reasonable and
sufficient justification; and (2) an agreement, accompanied by
an appropriate surety bond or other acceptable security, is
executed with the Department of Water Supply for the actual
development of a proven water source and its water transmission
-15-
and distribution system within one year from the official date
of compliance with condition A(1); provided that a one-year
extension to the one-year time limit may be granted by the
Planning Director with reasonable and sufficient justification;
(B) no subdivision of an portion of the land unless and until
condition A has been complied with; (C) the Planning Director
shall be mandated to initiate action for the repeal of this
ordinance if conditions A or B have not been complied with;
(D) the petitioner, its assigns or successors, shall be
responsible for complying with all conditions of approval; (E)
an overall site plan showing the increments of development,
proposed roadway, layout, location of park sites, and drainage
system, in conformance with the conditions of the rezoning
ordinance, shall be submitted for approval by the Planning
Director within one year from the effective date of the
ordinance; (F) the Single Family Residential zoned area shall
be developed in four increments. The first increment shall
consist of 85-100 acres of the Single Family zoned area north
of the mauka-makai road; the second increment shall consist of
the remainder of the Single Family Residential zoned area north
of the mauka-makai road; the third increment shall consist of
100-120 acres of the land south of the mauka-makai road; and
the fourth increment shall consist of the remaining lands south
of the mauka-makai road. The effective date of zoning for the
second and subsequent increments shall be after development has
occurred in the previous increment or increments, as determined
by the Planning Director. "Development" means that building
permits have been issued for dwelling units and construction
has been partially completed to the extent that roofs have been
constructed on a minimum of twenty-five percent of the number
-16-
of units proposed for the previous increment or combination of
increments. In lieu of actual construction, the petitioner,
may enter into an agreement with the Hawaii County Housing
Agency to assure the County that the dwellings will be
constructed within a given period. Such agreement shall be
secured by a surety bond, certified check, or other security
acceptable to Corporation Counsel and the Hawaii County Housing
Agency. Upon final execution of such agreement and filing of
the security with the Hawaii County Housing Agency, the zoning
of the subsequent increment(s) may be deemed by the Planning
Director to be effective prior to the actual construction of
the dwellings in this previous increment(s); (G) the zoning of
the lands to the south of the mauka-makai road shall not become
effective until the land is reclassified into the urban
district by the State Land Use Commission; (H) the Multiple
Family Residential-3,000 square foot (RM-3. 0) zoned area shall
be developed in two increments. The first increment shall
consist of 15-18 acres of the Multiple Family Residential zoned
land and the second increment, the remainder. The effective
date of zoning for the subsequent increment shall be after
"development," as defined in condition F, has occurred in the
first increment as determined by the Planning Director; (I) the
zoning for the Open and Neighborhood Commercial zoned lands
shall become effective upon compliance with condition A; (J)
the construction of the mauka-makai road shall meet with the
approval of the Chief Engineer and shall include the
channelization of the intersection of the Hina-Lani/Hawaii Belt
Highway intersection, meeting with the approval of the State
Department of Transportation, and the provision of left-turn
pockets for all intersections of the mauka-makai road within
-17-
the subject property. These improvements, including the entire
length of the road within the subject property, shall be
constructed prior to or in conjunction with final subdivision
approval of the first increment development for the Single
Family or Multiple Family Residential zoned lands, whichever
occurs first; (K) the entire length of the mauka-makai road
shall be completed, meeting with County dedicable standards,
from the Hawaii Belt Highway to the Queen Kaahumanu Highway
prior to or in conjunction with final subdivision approval of
the second Single Family Residential increment or the effective
date of rezoning for the second Multiple Family Residential
increment, whichever occurs first; (L) upon the Chief
Engineer's determination of the right-of-way alignment for the
entire mauka-makai road, the petitioner shall construct or
agree to allow the construction of a County-approved roadway
within that portion of the right-of-way within the subject
property; (M) there shall be a minimum of one lateral access
road developed to collector standards, meeting with approval of
the Chief Engineer and Planning Director, which shall provide
access across the subject property to the north and south
property lines; (N) except for the secondary arterial and
internal streets within the RS-15 zoned areas, all streets
shall be constructed with curbs, gutters and sidewalks,
including those RS-15 areas where the zone lines run through
the street and where a continuation of a curb, gutter and
sidewalk section would avoid telescoping of a roadway section.
All utilities shall be installed underground; (O) two park
areas shall be developed, one on each side of the mauka-makai
road. Both park areas shall have a minimum land area of 5.0
acres each. Development and maintenance of the park sites
shall be the responsibility of the petitioner. At a minimum,
-18-
the development of the sites shall include grading, grassing,
the installation of irrigation systems, and construction of
restroom facilities. The development of the park sites to the
north and south of the mauka-makai road shall be completed
prior to the effective date of rezoning for the second and
fourth Single Family Residential increments, respectively; (P)
the low and moderate income housing requirement imposed by the
State Land Use Commission shall be complied with; (Q) a
drainage system meeting with the approval of the Department of
Public Works shall oe provided; (R) an archaeological
reconnaissance survey shall be conducted for the entire
property and a report, including a map of sites found, shall be
submitted in conjunction with the subdivision application for
the first zoning increment; (S) intensive archaeological
investigations shall be conducted for the two identified sites,
i.e., the lava tube and agricultural walled complex, as
recommended by the ARCH report, meeting with the approval of
the Planning Director and the Historic Sites section of the
Department of Land and Natural Resources, prior to grading,
grubbing, or construction; (T) should any unanticipated
archaeological sites be found during grubbing, grading or
construction, work shall immediately stop and the Planning
Department notified. Work shall not re-commence until
clearance is given by the Planning Department; and (U) all
other rules, regulations, and requirements shall be complied
with. Should conditions D through U not be met, the rezoning
of the property to its original or more appropriate designation
may be initiated.
-19-
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCEll BY:
_~ ~r
COUNCIL MEMBER, TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Readinq:
Effective Date:
December 6, 1983
December 6, 1983
December 14, 1983
December 19, 1983
-20-
J
~NFi_H N~c .'~J !a. is ~~~
II, 2"26.64 S
x11,432.35 W
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13, 380.21 W 12,434.88 W
1 /> l a
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UNpLANN C-O (U) TO ~ ~ Ql (I] N U~
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AREA=2°~. Bt°.J ACS. w~Q U~ QQQ
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MuLTIpLC- FAMILY - _ ~f-0 WN~ A ,~
RESI~C-NTIAL (RM-3-o~ _ Z N
w~ zWm
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uwp~nvv EC lu -~- _ ~ IQ~ 7 tQ '1 AREA ~~G.,
UN PLAN C-q (U) TO NEIGH-
BOR HOOD MMERGIAL (CN-20)
AREA' 6 78 ACS. ~
U
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_~ Z~-Q~k ~Q~~tl Q~WII Aso Q Q ~'~ ~__ F
~- 'oww zZaQ Q~~~ - ~ y F-la ~~ A 1q
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ii ,:
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Q
NOTE- urvr'_,a^Irvc~. ,.~, a I , ~ ~,v-. --
CoOR OINATES RBFCRROM '
To "M OANVIAH C-A" ~ y
AMENDMENT TO '`HE ZONING CODE
AMENDING SEGTtON 25-87 (NORTH ICONA ZONE MAP) ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY COD@,
BY CHANGING THE DISTRICT CLASSIFICATION FROM UN-
P~-ANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5),
((?5-10)1 (RS-15); MUI.TiI~>_E FAMII..Y I?ESIDENTIAL (RM-3.0)~
NEIGHBORHOOD COMMERC1Al_ (GN-20) AND Ot°Et`1 (O) AT KALOKO
ANC KOHANAII<11 NORTH KONA, HAtNAII.
PREPARED BY Pi--ANNING DEPARTMENT
couNT7 of I--tAWAtt
TMK _ 7-3-Cg = 1°~ ACT. IB, I°~8Z
EXHIS}T "A"
Hilo, Hawaii
Date: December 5, 1983
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz g
Domingo
X
Fujii
X
Hale
Kawahara X
X
Lai
Schutte
X
Ch r. Yamashiro X
2 0
Publication Date:
Hilo, Hawaii
Date: December 14, 1983
SECOND & FINAh READING
---
AYES ---
NOES --
A/E
Dahlberg X
De Luz X
`
-
Domingo
-_- X
- -
---
- ---
Fujii
- g
-- -- --
Hale X-. -_-
Kawahara X
Lai X -.-_-
Schutte X
Ch r. Yamashiro
_ X
5 4- 0
Publication Date: °~AN R
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
~!*G~!:a~\4F'~ cis to
Date .._. _.d LS!__~._6 ~uJ_____________
unci Chair a
County Clerk
Approved/Disapproved this {~-' day of
, 19_$Z_.
. _-
ayor, County of Haw '
Bill No.
Reference:
1043
M.B. No. ~,~~-__
Ord. No. Sa~ ~~
HERBERT T. MATATQ~t'i~
MAYOR
/~
II 11 • '~~
le/~/~ ~
December 19, 1983
Honorable Helene H. Hale
Councilwoman, County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Hale:
Relative to your suggestion that I obtain a
as to whether the procedures followed by the
in passing Bill No. 1043 on final reading, I
the Corporation Counsel's memo to you on the
December 16, 1983.
written opinion
County Council
have reviewed
subject dated
I concur with the opinion of the Corporation Counsel and
I am satisfied that proper procedures were followed in the
passage of Bill No. 1043.
I have approved Bill No. 1043.
Sincerely,
RBERT T. MATAYOS I/ ~~~
MAYOR
Encl. - Corporation Counsel's memo dated 12/16/83
COUNTY OF HAWAII • HILO, HAWAII 96720
HERBERT T.MATAYOSHI
MAYOR
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
25 AUPUNI STREET
HILO, HAWAII 96720
December 16, 1983
Honorable Helene H. Hale
Councilwoman, County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Hale:
STEPHEN J. MENEZES
CORPORATION COUNSEL
TELEPHONE N0. i808) 961-8251
CQf'Y
Re: Council Motions - Bill No. 1043
This is in response to your memo of December 15, 1983,
inquiring as to the propriety of certain motions, involving
Bill No. 1043, made at the County Council meeting of
December 14, 1983.
As I understand the facts, five motions were made
involving Bill No. 1043. The first was a motion for passage
of the bill upon it having been read on second reading.
This was the main motion bringing the question before the
Council. The second through fifth motions were subsidiary
motions to the main motion. The second motion, a motion to
amend the bill, was ruled improper by the chair as an
attempt to change the original purpose of the bill. The
third motion, a motion to defer the question (postpone) for
the purpose of referring the bill to committee, was voted on
and defeated. The fourth motion, a motion to refer the bill
to a public hearing, was ruled an improper subsidiary
motion. The fifth motion, a motion to defer the question
{postpone) to a certain time--the time being a meeting after
the holding of a public hearing on the bill, was voted on
and defeated.
Honorable Helene H. Hale
Page 2
December 16, 1983
Your question is whether the fifth motion could have
been considered as a "motion to Defer AND Refer to a public
hearing, which should only take three votes because of
[§3-11(a), Hawaii County Charter]." I believe that the
fifth motion could only have been considered as a motion to
postpone the question to a certain time which failed as it
did not receive a majority vote. It could not have been
considered as a motion for a public hearing.
Once the first motion (main motion) was pending before
the Council, only a limited number of secondary motions
could have been made and considered. Among these secondary
motions are the subsidiary motions listed in Rule 13(4),
Rules of Procedure of the Council of the County of Hawaii.
Also, see Roberts Rules of Order, §5. This rule is based on
a "fundamental principle of parliamentary law: Only one
question can be considered at a time; once a motion is
before the assembly, it must be adopted or rejected _by a
vote, or the assembly must take action disposing of the
question in some other w_Y, before a~ other business
(except certain matters called revile ed questions') can
be broug}it u~. emphasis added Roberts Rules of Order, §5.
The fifth motion was proper as a subsidiary motion to
postpone the question to a certain time. Rule 13(4), Rules
of Procedure of the Council of the County of Hawaii. Had
the motion carried, it would have had the effect of
disposing of the question before the Council. This would
have paved the way for a motion for a public hearing. But
until the main motion had been adopted, rejected, or
otherwise disposed of by a proper secondary motion, the
question of a public hearing could not be considered.
Very truly yours,
~,
EP EN J. M NEZES
or orate Counsel
SJM:sw