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HomeMy WebLinkAboutORD 1977-265 1976-1980 BILL NO. 29U (Amended) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. '26S AN ORDINANCE AMENDING SECTION 7.06, THE NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY REVISING AND REDESIGNATING THE RESORT-HOTEL (V-1.25), MUTIPLE FAMILY RESIDEN- TIAL (RM-1. 5) AND (RM-3.0), VILLAGE COMMERCIAL (CV-10) AND OPEN (O) ZONES AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-07 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.06 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsections: "7.06 (R-1). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Com- mercial (CV-10): Beginning at the Westerly corner of this parcel of land, on the South- easterly side of 60.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 6,881.44 feet North and 37,311.14 feet West and running by azimuths measured clockwise from true South; 1. 243° 11' 24" 302.00 feet along the Southeasterly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 370.00 feet, the chord azimuth and distance being: 2. 251° 00' 42" 100.71 feet, thence; 3. 348° 50' 70.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 4. 316° 00' 90.00 feet along same; 5. 46° 00' 428.64 feet along same; 6. 153° 11' 24" 293.77 feet along same to the point of begin- ing and containing an area of 2.101 acres. "7.06 (R-2). The district classification of the following area situated at Anaehoomalu, :youth Kohala, Hawaii, shall be Village Commercial (CV-10): Beginning at the West corner of this parcel of land, on the Easterly side of 80.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 5,686.22 feet North and 36,289.26 feet West and running by azimuths measured clockwise from true South: 1. 278° 13' 03" 890.75 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 354° 36' 105.44 feet along same; 3. 280° 54' 26.00 feet along same; Thence along the Westerly side of 60.00 ft. roadway, on a curve to the right with a radius of 170.00 feet, the chord azimuth and distance being: 4. 66° 24' 37" 136.06 feet, thence; 5. 90° 00' 100.00 feet along the Westerly side of 60.00 ft. roadway; Thence along same, on a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 6. 61° 17' 28" 220.97 feet, thence; 7. 32° 34' S6" 240.00 feet along the Westerly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 8. 77° 34' S6" 28.28 feet, thence; 9. 122° 34' S6" 169.71 feet along the Northerly side of 80.00 ft. roadway; Thence along the Northeasterly side of 80.00 ft. roadway, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 10. 155° 23' 59.5" 498.61 feet, thence; 11. 188° 13' 03" 62.00 feet along the Easterly side of 80.00 ft. roadway to the point of beginning and containing an area of 7.067 Acres. "7.06 (R-3). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Com- mercial (CV-10): Beginning at the Southeast corner of this parcel of land, on the North- easterly side of 80.00 ft. roadway, being also on the boundary line between the lands of Waikoloa and Anaehoomalu, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,862.62 feet North and 35,607.24 feet West and running by azimuths measured clockwise from true South: 1. 122° 34' 56" 303.88 feet along the Northeasterly side of 80.00 ft. roadway; -2- Thence along the Easterly side of 60.00 ft. roadway, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 167° 34' 56" 28.28 feet, thence; 3. 212° 34' S6" 240.00 feet along the Easterly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 170.00 feet, the chord azimuth and distance being: 4. 241° 17' 28" 163.32 feet, thence; 5. 270° 00' 100.00 feet along the Easterly side of 60.00 ft. roadway; Thence along same, on a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 6. 241° 57' 09" 216.29 feet, thence; 7. 280° 54' 68.13 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 8. 33° 17' 05" 670.81 feet along Lot 3 of Waikoloa Parcel 4 Subdivision, File Plan 1435 to the point of beginning and containing an area of 3.626 Acres. "7.06 (R-4). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Com- mercial (CV-10): Beginning at the Southeast corner of this parcel of land, at an old cold chisel in concrete (found) called "Ke Ahu A Lono," the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 3,128.58 feet North and 36,745.63 feet West and running by azimuths measured clockwise from true South: 1. 121° 19' 40" 462.70 feet along Grant 13,586 to E. J. White; 2. 211° 19' 40" 585.49 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 3. 250° 54' 55.5" 285.31 feet; 4. 212° 34' S6" 1,175.15 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: -3- 5. 257° 34' S6" 28.28 feet, thence; 6. 302° 34' 56" 302.90 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 7. 33° 17' OS" 1,994.32 feet along Lot 3 of Waikoloa Parcel 4 Subdivision, file plan 1435 to the point of beginning and containing an area of 16.761 Acres. "7.06 (R-5). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort-Hotel (V-1.25): Beginning at the Southeast corner of this parcel of land, on the Westerly side of 80.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 7,672.63 feet North and 38,067.73 feet West and running by azimuths measured clockwise from true South: 1. 105° 32' 382.22 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 85° 41' 30" 340.00 feet along same to shoreline; Thence following along shoreline for the next Fourteen (14) Courses, the direct azimuths and distances between points along said shoreline being: 3. 137° 00' 280.00 feet; 4. 200° 00' 150.00 feet; 5. 223° 00' 670.00 feet; 6. 257° 00' 800.00 feet; 7. 225° 30' 90.00 feet; 8. 244° 47' 100.00 feet; 9. 296° 49' 45.00 feet; 10. 16° 25' 63.00 feet; 11. 58° 42' 182.00 feet; 12. 66° 10' 111.00 feet; 13. 315° 52' 29.00 feet; 14. 249° 29' 107.00 feet; 15. 245° 47' 97.00 feet; 16. 31° 11' 145.00 feet, thence; 17. 45° OS' 177.22 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; -4- 18. 16° 07' 39" 86.40 feet along same; 19. 40° 53' 56" 187.86 feet along same; 20. 89° 09' 23" 139.18 feet along same; 21. 12° 34' S1" 210.00 feet along same; 22. 301° 00' 57" 173.87 feet along same; Thence along the Northwesterly side of 80.00 ft. roadway, on a curve to the left, with a radius of 740.00 feet, the chord azimuth and distance being: 23. 27° 04' 47.5" 296.24 feet to the point of beginning and con- taining an area of 18.773 acres more or less. "7.06 (R-6). The district c lassification of the following area situated a t Anaehoomal u, South Ko hala, Hawaii, shall be Resort-Hotel (V-1.25): Beginning at the North corner of this parcel of land, the coordinates of which r eferred to G overnment S urvey Triangulation Station "PUU HINAI" bei ng 6,839.74 feet North and 37,918.60 feet West and running by azimuths measured cloc kwise from true South: 1. 318° 38' 37" 581.58 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 2. 286° 31' 3. 256° 23' 4. 313° 18' 5. 8° 13' 08" 39" 542.03 feet, thence; 112.12 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 752.81 feet, thence; 102.01 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 454.42 feet, thence; 21'° 03" 6. 343° 20' OS" 7. 48° 27' 07" 8. 310° 35' S1" 479.15 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 220.00 feet along same; -5- 9. 21° 10. 302° 11. 32° za' 27" 34' S6" 34' S6" 12. 82° 19' 09" 13. 126° 41' 31" 14. 121° 19' 40" 470.00 feet along same; 160.00 feet along same; 262.97 feet along same; Thence along same, on a curve to the right with a radius of 170.00 feet, the chord azimuth and distance being: 259.45 feet; Thence along same, on a curve to the left with a radius of 1,546.30 feet, the chord azimuth and distance being: 289.11 feet, thence; 243.63 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 15. 147° 53' 34" 44.72 feet; Thence along same, on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 16. 102° 43' 40" 94.96 feet, thence; 17. 210° 59' 52" 145.33 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 18. 249° 26' 38" 196.51 feet along same; 19. 207° 03' 02" 316.64 feet along same; 20. 165° 22' 58" 669.68 feet along same; 21. 127° O1' 20" 534.00 feet along same; 22. 78° 50' S2" 238.68 feet along same; 23. 34° 49' 100.00 feet along same, to the shoreline; Thence following along the shoreline for the next Four (4) Courses, the direct azimuths and distances between points at said shoreline being: 24. 115° 00' 490.00 feet; 25. 131° 00' 270.00 feet; 26. 148° 00' 200.00 feet; 27. 158° 17' 04" 120.43 feet, thence; -6- 28. 265° 41' 30" 200.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 29. 228° 38' 37" 792.64 feet along same, to the point of beginning and containing an area of 62.396 acres more or less. "7.06 (R-7). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the East corner of this parcel of land, on the Southwesterly side of 80.00 ft. roadway, being also the North corner of Lot 12 of Waikoloa Beach Resort, Phase i, File Plan 1256, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 6,839.74 feet North and 37,918.60 feet West and running by azimuths measured clockwise from true South: 1. 48° 38' 37" 792.64 feet along Lot 12 of Waikoloa Beach Resort, Phase I, File Plan 1256; 2. 85° 41' 30" 200.00 feet along same to shoreline; Thence following along the shoreline for the next Four (4) Courses, the direct azimuths and distances between points along said shoreline being: 3. 169° 00' 380.00 feet; 4. 186° 00' 580.00 feet; 5. 177° 00' 240.00 feet; 6. 171° 44' 20" 261.66 feet, thence; 7. 265° 41' 30" 340.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 8. 285° 32' 382.22 feet along same; Thence along the Westerly side of 80.00 ft. roadway, on a curve to the left with a radius of 740.00 feet, the chord azimuth and distance being: 9. 5° 40' 24.5" 253.43 feet, thence; 10. 355° 48' 49" 250.52 feet along the Westerly side of 80.00 ft. roadway; Thence along same, on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 11. 337° 13' 43" 318.71 feet, thence; 12. 318° 38' 37" 49.26 feet along the Southwesterly side of 80.00 roadway to the point of beginning and containing an area of 20.742 acres more or less. -7- "7.06 (R-8). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the North corner of this parcel of land, on the Southeasterly side of 80.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 8,172.36 feet North and 37,442.42 feet West and running by azimuths measured clockwise from true South: 1. 328° 16' 14" 92.51 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 356° 20' 893.04 feet along same; 3. 333° 11' 24" 238.03 feet along same; 4. 63° 11' 24" 235.00 feet along the Northwesterly side of 60.00 ft. roadway; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 5. 55° 55' 00.5" 134.20 feet, thence; 6. 48° 38' 37" 156.11 feet along the Northwesterly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 7. 93° 38' 37" 28.28 feet, thence; 8. 138° 38' 37" 295.89 feet along the Northeasterly side of 80.00 ft. roadway; Thence along same, on a curve to the right with a radius of 420.00 feet, the chord azimuth and distance being: 9. 157° 13' 43" 267.72 feet, thence; 10. 175° 48' 49" 250.52 feet along the Easterly side of 80.00 ft. roadway; Thence along same, on a curve to the right with a radius of 660.00 feet, the chord azimuth and distance being: 11. 209° 47' 28.5" 737.71 feet, thence; 12. 243° 46' 08" 130.19 feet along the Southeasterly side of 80.00 ft. roadway; Thence along same, on a curve to the left with a radius of 1,040.00 feet, the chord azimuth and distance being: -8- 13. 241° O1' 11" 99.76 feet to the point of beginning and containing an area of 17.348 acres. "7.06 (R-9). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the Northwest corner of this parcel of land, on the South- easterly side of 60.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 6,881.44 feet North and 37,311.14 feet West and running by azimuths measured clockwise from true South: 1. 333° 11' 24" 293.77 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 226° 00' 428.64 feet along same; 3. 316° 00' 160.51 feet along same; 4. 7° 00' 176.33 feet along same; 5. 330° 40' 245.00 feet along same; 6. 14° 30' 90.00 feet along same; Thence along the Northerly side of 80.00 ft. roadway, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 7. 91° 26' 49.5" 243.92 feet, thence; 8. 78° 23' 39" 112.12 feet along the Northerly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 9. 108° 31' 08" 461.73 feet, thence; 10. 138° 38' 37" 234.95 feet along the Northeasterly side of 80.00 ft, roadway; Thence along the Southeasterly side of 60.00 ft. roadway, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 11. 183° 38' 37" 28.28 feet, thence; 12. 228° 38' 37" 156.11 feet along the Southeasterly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 13. 235° 55' 00.5" 119.00 feet, thence; -9- 14. 243° 11' 24" 113.00 feet along the Southeasterly side of 60.00 ft. roadway to the point of beginning and containing an area of 8.502 acres. "7.06 (R-10). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the Southeast corner of this parcel of land, on the Northerly side of 60.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 7,022.25 feet North and 36,520.21 feet West and running by azimuths measured clockwise from true South: 1. 108° 30' 229.94 feet along the Northerly side of 60.00 ft. roadway; Thence along same, on a curve to the left with a radius of 430.00 feet, the chord azimuth and distance being: 2. 97° OS' 170.23 feet, thence; 3. 175° 40' 130.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 4. 203° 30' 315.00 feet along same; 5. 192° 00' 185.00 feet along same; 6. 239° 00' 543.81 feet along same; 7. 331° 30' 250.81 feet along same; 8. 316° 30' 240.00 feet along same; 9. 41° 50' 777.07 feet along same to the point of begin- ning and containing an area of 11.402 acres. "7.06 (R-11). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii shall be Multiple Family Residential (RM-1.5): Beginning at the Southwest corner of this parcel of land, at the Easterly end of 60.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 6,774.94 feet North and 35,970.19 feet West and running by azimuth measured clockwise from true South: 1. 192° 40' 340.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama (partly along the Easterly end of 60.00 ft. roadway). 2. 161° 00' 260.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 3. 187° 20' 230.00 feet along same; -10- 4. 292° 00' 5. 359° 30' 6. 303° 00' 7. 2° 00' 135.00 feet along same; 160.00 feet along same; 1,025.00 feet along same; 120.92 feet along same; 8. 63° 30' 278.92 feet along same; 9. 105° 30' 780.00 feet along same to the point of begin- ning and containing an area of 11.005 Acres. "7.06 (R-12). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii shall be Multiple Family Residential (RM-1. 5): Beginning at Southeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 5,521.78 feet North and 35,246.35 feet West and running by azimuths measured clockwise from true South: 1. 85° 30' 120.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama (partly along the Northerly end of 60.00 ft. roadway). 2. 175° 10' 250.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 3. 116° 40' 430.00 feet along same; 4. 138° 30' 330.00 feet along same; 5. 188° 00' 113.00 feet along same; 6. 268° 30' 780.93 feet along same; 7. 317° 30' 122.97 feet along same; 8. 18° 20' 423.00 feet along same; 9. 0° 30' 320.00 feet along same to the point of begin- ning and containing an area of 8.699 Acres. "7.06 (R-13). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii shall be Multiple Family Residential (RM-1.5): Beginning at the East corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,787.07 feet North and 36,111.11 feet West and running by azimuths measured clockwise from true South: 1. 32° 34" 56" 677.18 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 122° 34" 56" 160.00 feet along same; 3. 201° 28' 27" 470.00 feet along same; 4. 257° 21' 46" 78.87 feet along same; -11- 5. 212° 34' S6" 160.00 feet along same; 6. 302° 34' S6" 195.00 feet along same to the point of begin- ning and containing an area of 3.176 acres. "7.06 (R-14). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii shall be Open (O): Beginning at the South corner of this parcel of land, on the Northwesterly side of 80.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 7,936.39 feet North and 37,932.90 feet West and running by azimuths measured clockwise from true South: 1. 121° 00' S7" 173.87 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 192° 34' S1" 210.00 feet along same; 3. 269° 09' 23" 139.18 feet along same; 4. 220° 53' S6" 187.86 feet along same; 5. 196° 07' 39" 86.40 feet along same; 6. 225° 05' 177.22 feet along same to shoreline; Thence following along shoreline for the next Twenty-one (21) Courses, the direct azimuths and distances between points along said shoreline being: 7. 286° 15' 37.00 feet; 8. 215° 23' 76.00 feet; 9. 320° 43' 94.00 feet; 10. 21° 46' 39.00 feet; 11. 113° 12' 94.00 feet; 12. 3° 10' 139.00 feet; 13. 53° 51' 73.00 feet; 14. 317° 25' 53.00 feet; 15. 264° 32' 155.00 feet; 16. 322° 43' 33.00 feet; 17. 215° 10' 29.00 feet; 18. 118° 30' 67.00 feet; 19. 218° 00' 150.00 feet; -12- 20. 185° 29' 21. 273° 53' 22. 0° 25' 23. 24° 48' 24. 260° 47' 25. 238° 33' 26. 168° 05' 27. 274° 00' 28. 324° 38' 26" 142.00 feet; 39.00 feet; 44.00 feet; 101.00 feet; 44.00 feet; 44.00 feet; 96.00 feet; 113.00 feet, thence; 115.61 feet along remainder of L. C. Award 80.00 ft. roadway, on a curve to the left with a radius of 740.00 feet, the chord azimuth and distance being: 29. 50° 17' 43" 112.13 feet, thence; 30. 45° 57' 130.19 feet along the Northwesterly aide of 80.00 ft. roadway; Thence along the Northwesterly side of 80.00 ft. roadway, on a curve to the right with a radius of 960.00 feet, the chord azimuth and distance being: 31. 54° 51' 34" 297.36 feet, thence; 32. 63° 46' 08" 130.19 feet along the Northwesterly side of 80.00 ft. roadway; Thence along the Northwesterly side of 80.00 foot roadway, on a curve to the left with a radius of 740.00 feet, the chord azimuth and distance being: 33. 51° 11' 51.5" 322.13 feet to the point of beginning and con- taining an area of 5.085 acres more or less. "7.06 (R-15). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): Beginning at the Northea sterly corner of this parcel of land, on the Southerly side of 80.00 roadway, the coordinates of which referred to Government Survey Triang ulation Station "PUU HINAI" being 7,522.74 feet North and 34,294.42 feet West and running by azimuths measured clockwise from true South: 1. 17° 30' 481.77 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; -13- 2. 303° 17' 231.38 feet along same; 3. 33° 17' OS" 1,809.81 feet along Lot 3 of Waikoloa Parcel 4 Subdivision, File Plan 1435; 4. 100° 54' 68.13 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; Thence along the Easterly side of 60.00 ft. roadway, on a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 5. 202° 33' 40" 90.48 feet, thence; 6. 265° 30' 25.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 7. 180° 30' 320.00 feet along same; 8. 198° 20' 423.00 feet along same; 9. 137° 30' 122.97 feet along same; 10. 88° 30' 780.93 feet along same; 11. S° 00' 113.00 feet along same; 12. 318° 30' 330.00 feet along same; 13. 296° 40' 430.00 feet along same; 14. 355° 10' 250.00 feet along same; 15. 265° 30' 31.77 feet along same; Thence along the Westerly side of 60.00 ft. roadway, on a curve to the right with a radius of 170.00 feet, the chord azimuth and distance being: 16. 29° 54' 37" 75.97 feet, thence; 17. 100° 54' 26.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 18. 174° 36' 105.44 feet along same; 19. 98° 13' 03" 890.75 feet along same; 20. 188° 13' 03" 40.01 feet along the Easterly side of 80.00 ft. roadway; Thence along the Northeasterly side of 80.00 ft. roadway, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 21. 146° 21' 31.5" 720.68 feet, thence; 22. 194° 30' 90.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; -14- 23. 150° 40' 245.00 feet along same; 24. 187° 00' 176.33 feet along same; 25. 136° 00' 250.51 feet along same; 26. 168° 50' 70.00 feet along same; Thence along the Southerly side of 60.00 ft. roadway, on a curve to the right with a radius of 370.00 feet, the chord azimuth and distance being: 27. 273° 40' 189.45 feet, thence; 28. 288° 30' 830.00 feet along the Southerly side of 60.00 ft. roadway; 29. 285° 30' 780.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 30. 234° 30' 278.92 feet along same; 31. 182° 00' 120.92 feet along same; 32. 123° 00' 1,025.00 feet along same; 33. 179° 30' 160.00 feet along same; 34. 112° 00' 135.00 feet along same; 35. 7° 20' 230.00 feet along same; 36. 341° 00' 260.00 feet along same; 37. 12° 40' 279.69 feet along same; 38. 108° 30' 593.93 feet along the Northerly side of 60.00 ft. roadway; 39. 221° 50' 777.07 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 40. 136° 30' 240.00 feet along same; 41. 151° 30' 250.81 feet along same; 42. 59° 00' 543.81 feet along same; 43. 12° 00' 185.00 feet along same; 44. 23° 30' 315.00 feet along same; 45. 355° 40' 130.00 feet along same; Thence along the Northerly side of 60.00 ft, roadway, on a curve to the left with a radius of 430.00 feet, the chord azimuth and distance being: 46. 74° 25' 42" 167.61 feet, thence; -15- 47. 63° 11' 24" 48. 153° 11' 24" 49. 176° 20' 50. 148° 16' 14" 51. 232° 06' 52. 225° 57' 53. 243° 04' 54. 350° 11' 55. 52° 00' 56. 306° 30' 57. 237° 20' 58. 292° 30' 37" 180.00 feet along the Northwesterly side of 60.00 ft. roadway; 238.03 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 893.04 feet along same; 92.51 feet along same; Thence along the Southeasterly side of 80.00 ft. roadway, on a curve to the left with a radius of 1,040.00 feet, the chord azimuth and distance being: 223.21 feet, thence; 130.19 feet along the Southeasterly side of 80.00 ft. roadway; Thence along same, on a curve to the right with a radius of 660.00 feet, the chord azimuth and distance being: 388.50 feet, thence; 308.08 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 380.00 feet along same; 160.00 feet along same; 680.00 feet along same; 130.00 feet along same; 59. 312° 10' 290.00 feet along same; 60. 285° 20' 546.37 feet along same; 61. 203° 10' 339.25 feet along same; Thence along the Southerly side of 80.00 ft. roadway, on a curve to the right with a radius of 2,760.00 feet, the chord azimuth and distance being: 62. 301° 24' 45" 216.31 feet, thence; 63. 303° 39' 30" 1,078.54 feet along the Southerly side of 60.00 ft. roadway to the point of beginning and containing an area of 102.692 acres. "7.06 (R-16). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): -16- Beginning at the Southeast corner of this parcel of land, on the North- westerly side of 60.00 ft. wide roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,787.07 feet North and 36,111.11 feet West and running by azimuths measured clockwise from true South: 1. 122° 34' 56" 195.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 32° 34' 56" 160.00 feet along same; 3. 77° 21' 46" 78.87 feet along same; 4. 130° 35' 51" 220.00 feet along same; 5. 228° 27' 07" 479.15 feet along Lot 6 of Waikoloa Beach Resort, Phase I, File Plan 1256; Thence along the Southwesterly side of 80.00 ft. roadway, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 6. 310° 31' 01.5" 149.09 feet, thence; 7. 302° 34' 56" 169.71 feet along the Southwesterly side of 80.00 ft. roadway; Thence along the Westerly side of 60.00 ft. roadway, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 8. 347° 34' S6" 28.28 feet, thence; 9. 32° 34' 56" 235.00 feet along the Westerly side of 60.00 ft. roadway to the point of beginning and containing an area of 3.375 Acres. "7.06 (R-17). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): Beginning at the South corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,275.82 feet North and 37,456.44 feet West and running by azimuths measured clockwise from true South: 1. 92° 26' 30" 391.06 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama to the shoreline; Thence following along shoreline for the next Four (4) Courses, the direct azimuths and distances between points at said shoreline being: 2. 207° 56' S0" 465.01 feet; -17- 3. 184° 24' 391.70 feet; 4. 158° 58' 382.00 feet; 5. 136° 02' 19" 256.91 feet, thence; 6. 214° 49' 100.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 7. 258° 50' S2" 238.68 feet along same; 8. 307° O1' 20" 534.00 feet along same; 9. 345° 22' S8" 669.68 feet along same; 10. 27° 03' 02" 316.64 feet along same; 11. 69° 26' 38" 196.51 feet along same; 12. 30° 59' S2" 195.04 feet along same to the point of beginning and containing an area of 16.300 acres more or less. "7.06 (R-18). The district classification of the following area situated at Anaehoomalu, South Ko hala, Hawaii, shall be Open (0): Beginning at the North corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,081.70 feet North and 37,137.54 feet West and running by azimuths measured clockwise from true South: Along remainder of L. C. Award 4452, Apana 4 to H. Kalama on a curve to the right with a radius of 1,486.30 feet, the chord azimuth and distance being: 1. 306° 41' 31" 277.90 feet; Thence along same on a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 2. 300° 39' 08.5" 90.95 feet, thence; 3. 31° 19' 40" 585.49 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 4. 121° 19' 40" 367.63 feet along Grant 13,586 to E. J. White; 5. 211° 19' 40" 610.40 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 5.037 acres. "7.06 (R-19). The district classification of the following area situated at Anaehoomalu, South Ko hala, Hawaii, shall be Village Commercial (CV-10): -18- Beginning at the Northwest corner of this parcel of land, on the Southerly side of 80.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 7,522.74 feet North and 34,294.42 feet West and running by azimuths measured clockwise from true South: 1. 303° 39' 30" 147.00 feet along the Southerly side of 80.00 ft. roadway; Thence along same, on a curve to the right with a radius of 760.00 feet, the chord azimuth and distance being: 2. 311° 54' 3. 33° 17' 01.5" 217.90 feet, thence; 430.00 feet along Lot 3 of "Waikoloa Parcel 4 Subdivision", File Plan 1435; 231.38 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 481.77 feet along same to the point of begin- ning and containing an area of 3.099 acres. 4. 123° 17' 5. 197° 30' OS" "7.06 (R-20). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort-Hotel (V-1.25): Beginning at the East corner of this parcel of land on the Easterly side of 60.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 9,307.36 feet North and 36,932.07 feet West and running by azimuths measured clockwise from true South: 1. 75° 46' 600.19 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama to shoreline; Thence following along shoreline for the next Three (3) Courses, the direct azimuths and distances between points along said shoreline being: 2. 97° 52' 30" 246.00 feet; 3. 107° 18' 30" 320.00 feet; 4. 150° 37' 200.00 feet, thence; 5. 243° 20' 280.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 6. 260° 57' 39" 920.56 feet along same; 7. 170° 40' 431.52 feet along same to the point of begin- ning and containing an area of 11.000 acres more or less. -19- "7.06 (R-21). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1. 5): Beginning at the East corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 10,216.99 feet North and 36,536.94 feet West and running by azimuths measured clockwise from true South: 1. 50° 30' S5" 2. 117° 27' 3. 94° 30' 200.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 785.77 feet along same; 319.16 feet along same to shoreline; Thence following along shoreline for the next Two (2) Courses, the direct azimuths and distances between points along said shoreline being: 4. 169° 29' 5. 221° 32' 6. 320° 30' "7.06 (R-22) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the South corner of this parcel of land, on the Northwesterly side of 80.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 8,529.09 feet North and 37,142.05 feet West and running by azimuths measured clockwise from true South: 1. 144° 38' 26" 2. 214° 00' 3. 173° 29' 4. 83° 46' 5. 163° 28' 6. 157° 15' 264.50 feet; 25" 617.49 feet, thence; 55" 1,272.64 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 13.300 acres more or less. 115.61 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama to shoreline; Thence following along shoreline for the next Seven (7) Courses, the direct azimuths and distances between points along said shoreline being: 77.00 feet; 41.00 feet; 156.00 feet; 62.90 feet; 162.00 feet; -20- 7. 195° 38' 176.00 feet; 8. 114° 10' 170.00 feet, thence; 9. 255° 46' 539.97 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 10. 350° 40' 637.08 feet along the Westerly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 11. 32° 58' 32" 26.93 feet; Thence along the Northwesterly side of 80.00 ft. roadway, on a curve to the left with a radius of 740.00 feet, the chord azimuth and distance being: 12. 64° 57' 45" 265.18 feet to the point of beginning and con- taining an area of 6.253 acres more or less. "7.06 (R-23). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the Northeast corner of this parcel of land, on the Southerly side of 80.00 ft. roadway, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 8,233.25 feet North and 35,376.76 feet West and running by azimuths measured clockwise from true South: 1. 23° 10' 339.25 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 105° 20' 456.37 feet along same; 3. 132° 10' 290.00 feet along same; 4. 112° 30' 130.00 feet along same; 5. 57° 20' 680.00 feet along same; 6. 126° 30' 160.00 feet along same; 7. 232° 00' 380.00 feet along same; 8. 170° 11' 308.08 feet along same; Thence along the Southerly side of 80.00 ft. roadway, on a curve to the right with a radius of 660.00 feet, the chord azimuth and distance being: 9. 266° 34' 146.76 feet, thence; -21- 10. 272° 57' 100.17 feet along the Southerly side of 80.00 ft. roadway; Thence along same, on a curve to the right with a radius of 2,760.00 feet, the chord azimuth and distance being: 11. 286° 03' 30" 1,251.90 feet to the point of beginning and containing an area of 13.070 acres. "7.06 (R-24). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3. 0): Beginning at the Southeast corner of this parcel of land, on the Westerly side of 60.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 8,784.86 feet North and 35,666.09 feet West and running by azimuths measured clockwise from true South: 1. 93° 20' 2. 116° 16' 3. 158° 10' 4. 230° 30' 55" 5. 320° 30' S5" 6. 296° 10' 55" 100.00 feet Apan~ 562.77 feet 1,131.22 feet 200.00 feet 800.00 feet 624.24 feet along s 4 to along along along along along remainder of L. C. Award 4452, H. Kalama; same; same; same; same; same; 7. 20° 10' 574.47 feet along the Westerly side of 60.00 ft. roadway to the point of beginning and containing an area of 16.400 acres. "7.06 (R-25). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3.0): Beginning at the Southwest corner of this parcel of land on the Easterly side of 60.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 8,781.22 feet North and 35,603.52 feet West and running by azimuths measured clockwise from true South: 1. 200° 10' 550.00 feet along the Easterly side of 60.00 ft, roadway; 2. 296° 10' 55" 1,914.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 3. 26° 10' S5" 420.00 feet along same; 4. 116° 10' 480.00 feet along same; -22- 5. 140° 40' 270.00 feet along same; 6. 116° 10' 564.40 feet along same; 7. 93° 20' 614.46 feet along same to the point of beginning and containing an area of 16.599 acres. "7.06 (R-26). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3.0): Beginning at the Southeast corner of this parcel of land, on the Northerly side of 80.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 7,607.64 feet North and 34,277.56 feet West and running by azimuths measured clockwise from true South: 1. 123° 39' 30" 1,045.54 feet along the Northerly side of 80.00 ft. roadway; Thence along same, on a curve to the left, with a radius of 2,640.00 feet, the chord azimuth and distance being: 2. 117° 24' 48" 617.87 feet; Thence along the Easterly side of 60.00 ft. roadway, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 3. 155° 40' 03'° 26.04 feet, thence; 4. 200° 10' 162.64 feet along the Easterly side of 60.00 ft. roadway; 5. 291° 40' 870.00 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 6. 303° 40' 280.00 feet along same; 7. 316° 00' 515.60 feet along same; 8. 8° 40' 215.94 feet along same to the point of begin- ning and containing an area of 9.600 acres. "7.06 (R-27). The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): Beginning at the Northeast corner of this parcel of land, on the Westerly side of 60.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 8,784.66 feet North and 35,666.09 feet West and running by azimuths measured clockwise from true South: -23- 1. 20° 10' 2. 64° 39' S7" 3. 101° 03' 27" 4. 92° 57' 5. 87° 53' 27" 6. 126° 44' 57" 7. 170° 40' 8. 80° 57' 30" 9. 63° 20' 10. 150° 11. 218° 12. 167° 13. 229° 14. 261° 15. 174° 16. 200° 17. 274° 32' 21' 38' 44' 04' 54' 284.49 feet along the Westerly side of 60.00 ft. roadway; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 28.04 feet; Thence along the Northerly side of 80.00 ft. roadway, on a curve to the left with radius of 2,840.00 feet, the chord azimuth and distance being: 801.06 feet, thence; 100.17 feet along the Northwesterly side of 80.00 ft. roadway; Thence along same, on a curve to the left with a radius of 740.00 feet, the chord azimuth and distance being: 130.51 feet; Thence along the Easterly side of 60.00 ft. roadway, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 27.74 feet, thence; 1,070.94 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama (partly along the Easterly side of 60.00 ft. roadway); 920.58 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 280.00 feet along same to shoreline; Thence following along shoreline for the next Seven (7) Courses, the direct azimuths and distances between points along said shoreline being: 153.50 feet; 24.98 feet; 280.56 feet; 204.00 feet; 354.00 feet; 172.92 feet; 24' 243.14 feet, thence; 30' 319.16 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; -24- 18. 297° 27' 765.77 feet along same; 19. 338° 10' 1,131.22 feet along same; 20. 296° 16' 562.77 feet along same; 21. 273° 20' 100.00 feet along same to the point of begin- ning and containing an area of 39.952 acres more or less. "7.06 (R-28). The district classification of the following area situated by Anaehoomalu, South Kohala, Hawaii, shall be Open (O): Beginning at the Northwest corner of this parcel of land, on the Easterly side of 60.00 ft. roadway, the coordinates of which referred to Govern- ment Survey Triangulation Station "PUU HINAI" being 8,781.22 feet North and 35,603.52 feet West and running by azimuths measured clockwise from true South: 1. 273° 20' 614.46 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 2. 296° 10' 564.40 feet along same; 3. 320° 40' 270.00 feet along same; 4. 296° 10' 480.00 feet along same; 5. 206° 10' S5" 420.00 feet along same; 6. 296° 10' S5" 300.55 feet along same; 7. 26° 10' S5" 604.11 feet along Lot 3 of "Waikoloa Parcel 4 Subdivision", File Plan 1435; 8. 33° 17' O5" 493.96 feet along same; Thence along the Northerly side of 80.00 ft. roadway on a curve to the left with a radius of 840.00 feet, the chord azimuth and distance being: 9. 131° 04' 37.5" 216.92 feet, thence; 10. 123° 39' 30" 180.00 feet along the Northerly side of 80.00 ft. roadway; 11. 188° 40' 215.94 feet along remainder of L. C. Award 4452, Apana 4 to H. Kalama; 12. 136° 00' 515.80 feet along same; 13. 123° 40' 280.00 feet along same; 14. 111° 40' 870.00 feet along same; 15. 200° 10' 120.00 feet along the Easterly side of 60.00 ft. roadway to the point of beginning and containing an area of 20.356 acres. -25- "All as shown on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof." SECTION 2. Section 1 of this ordinance shall take effect upon the conditions that (A) the overall development shall conform substantially to the plans submitted and the representations made by the petitioner, as described in the environmental impact statement, hereafter identified as "File Exhibit 1" on file in the Planning Department; (B) development shall occur in two (2) increments as spelled out in "File Exhibit 1" on file in the Planning Department. The effective date of zoning for the second increment shall be after development has occurred in the first increment. Development is defined as building permits issued, ground broken and construction commenced on permanent structures on twenty-five (25) percent of the zoned area for hotel development and fifteen (15) percent of the zoned area multiple family resi- dential development, in addition to the required amenities; (C) the petitioner or its authorized representative(s) shall submit plans for the consolidation and resubdivision of Increment One within six (6) months of the effective date of approval of the change of zone request. The petitioner/representative(s) shall also be responsible for securing final approval; (D) the method of sewage disposal shall conform to the rules and regulations of the State Depart- ment of Health. The petitioner shall also comply with other rules and regula- tions of the Department of Health; (E) prior to the development of each incre- ment, water shall be made available in compliance with the requirements of the Department of Water Supply; (F) a minimum of 19.5 acres of land shall be set aside for park and active recreational purposes for the petitioner's total proposed resort development, which includes the multi-family sites, and makai of the King's Trail and encompassing approximately 501 acres. This area shall be in addition to the golf course historic site areas, and the 16+-acre beach area. The actual amount of these recreational lands to be incorporated within the 501-acre area makai of the King's Trail and covered by this rezoning action shall be determined by the Planning Director as the development progresses. It is understood that recreational areas within a -26- multi-family site shall be credited towards the 19.5-acre requirement. This park area shall remain in private ownership and maintenance until such time that the petitioner decides to dedicate the area to and it is accepted by the County. There shall also be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land; (G) any golf cart and/or golf course mainte- nance vehicle crossing of public thoroughfares shall be in compliance with Article 5 of Chapter 6, Traffic Code, of the Hawaii County Code, as amended; (H) the petitioner or its authorized representative(s) shall submit an Employee Housing Needs Study for Step lA of the proposed development to the Planning Director. The Director shall accept or reject the study within thirty (30) days of submittal of the study with reasons stated thereof. If there is no response within the thirty (30) day limitation, the study shall be deemed acceptable. To the extent the study shows sufficient employee housing is not available, the petitioner/representative(s) shall submit plans for the provision of permanent resort employee housing for Step lA of the proposed development to the Planning Director for approval. Such plans shall include, but not be limited to, the manner in which housing will be provided and the number of units to be provided. The required housing shall be made available prior to the issuance of the occupancy permit for the first opera- tional hotel. Subsequent resort employee housing requirements due to hotel development shall be based on additional housing need studies and shall be determined prior to the issuance of occupancy permits for each hotel; (I) the petitioner shall also provide temporary quarters for construction workers, meeting with the approval of the Planning Director; (J) the petitioner shall reserve a minimum area of ten (10) acres for a future school site. The loca- tion of the school site shall meet with the approval of the Department of Education and the Planning Director; (K) the petitioner or its authorized representative(s) shall submit an annual progress report to the Planning Director within thirty (30) days of the anniversary of the effective date of approval of the change of zone request. The annual report shall include -27- but not be limited to a listing of the work completed and in progress, the manner in which the stipulated conditions of approval of the change of zone request and other permits granted by the Planning Commission are being met, the amount of direct employment generated, any programs initiated which relate directly to the overall development, and any additional information which would supplement and/or alter the conclusions arrived at in the environ- mental impact statement identified as "File Exhibit 1" on file with the Planning Department; and (L) all other applicable rules and regulations be complied with, including the Special Management Area, Planned Development Permit, and Plan Approval processes. In addition, any conditions of approval stipulated by the Planning Commission in the granting of requested permits, such as the Special Management Area Use Permit, Planned Unit Development Permits, Planned Development Permits, and State Land Use Special Permits shall be incorporated herein by reference. Should the foregoing conditions not be met, rezoning of the area to its original zoning designation may be initiated. 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 repeals Ordinance No. 392, adopted by the County Council of the County of Hawaii on April 21, 1971, in its entirety. SECTION 5. "Notwithstanding any section of this ordinance, to the contrary where any section of this ordinance is in conflict with the existing subdivision plan, File Plan No. 1256, approved March 16, 1972, by the Planning Director, County of Hawaii, so as to make the implementation of said subdivision plan impossible, subdivision plan, File Plan No. 1256, shall prevail and remain in full force and effect and the conflicting section shall be null and void and the original zoning shall be reinstituted; provided further that nothing in this ordinance shall relieve the obligations created under that Bond dated February 29, 1972, naming Boise Cascade Home & Land Corporation, a Delaware Corporation and Firemens Insurance Company of Newark, New Jersey as surety for the construction of off-site improvements in accordnace with the construction plans and agreements filed pursuant to subdivision File Plan 1256. _2g_ This section shall become null and void upon the approval of a new file plan and surety bond. SECTION 6 This ordinance shall take effect upon its approval. INTRODUCED BY: COU CILMAN, COUNTY O HAWAII Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date April 6, 1977 April 20, 1977 April 28, 1977 -29- O O O a "' 1 O O -~ 1. O ;,~ ,,. U ~,.~ o„~ ~~ U ~ o -- o '~r o ~ ,n,aoe INCG' M nIT Z ~~ (cv iol O Ace.. .., O~ s. _re.q ) O g~ Kv n) 7 _ ~ 3 G _ ~~ (cv ie) O nYe-n cT a r. rr° '. O Nc'_cc.. ic..0i Ac. n_~H) ~ v r0) ~ ) O n T ' O /nicfn _I. o./v._ ~. ~. _._..- iT~n.l ISM i.9) C~ A~e ~ ,_, A~t__~ HT,,.L «M ,s) Ae~ . 1. ~ . N, ~,... c~-N-~s> O •. ( -. rA~ to n+-Lr) O Pt.. A Et.OmJ A n _~ TiA- IF -.. e) o LILM c) O net A 9 1 r.~ ' -nru. 1/\1 lG V AR V.y Tc~J TO e~[-t~ 9s (s'.oes _ O AFEAt . rJ O .1R Ln- )6.300 CF ~3 0 ~~~ , ,a ~ \4 O J .~.~w ~,. o i i .,, _. O ~..»W .,Y_ ..~- . \ O 17 BA.i ' ~!')i ~iLM197 rv O 1NCk M N S ~_ °es~ wm.v.c a _.• la f,- .J) ~ N/ ~ Y io) t O 3 e >ca .v o) ' ? e. r. ,.a '.n ~n 1 .. ea n1 n A~n ~ / e. sr~.•z u.••.~r...r. f... O i A~ fim-i ~) ~ O _ n. A 1'J.D e ` ,. ~„,_,.,, M, .,.,~ ~~ ' AMENGM •NT T O TN. NtNG COC ~° . - -. - a"~s~ ^e - ~. .. __ _ O nu rem-i b) A~ NpM;' T JO.IC3 TO 'TO -YA nCCTM A D +OUT GH/nLA C "' O L' MAID Cf~ q q ` J A F _ " CH PT['F°. O (ZONN cODGj. AC• LL I-~AWAt 1 PILA n•!" x ~~. AL ITM'saJ - 10.400 .a GJJNTY - < AML V C', [ F.' °f t v Or'.OINANC 1~ -J- C:C / 1^l .~ 19) ANp ~ NG: p It !J'.=i GNAT NG THC~ F'C_ :'CF F.T-HOT F L (V - ~~), TIPI-F l'! ~ - n _n 09 . `(Ym.3 a) IV g [~Ci 1JTL'AL -y) f !. M °-02 L PGC- ~ p IAL (GV- ) I!Np ~ LN (OJ ~OI-`~ Ai ANA.-YICC. MALL, ~.C.UTH hOH/~LA, ~IAW AII, O m ~ c~ in r L (p r+i"s o) ~ <~ D"4o0 U-)) AsrA'~lan.9sa .~~to--, oAT P_ OP I uv~~C H'`^ACi~JU + FG 9. i4, 197J wTO- or ._ rlee ..~ - Ar-IriL an, i~->v ) ,. ono eno ona oi.~..HCC Ne. zc. , *O° d ... P^ ` ct _ o. y.'JO .a -_ PRe F_PASC~J EIY V'°FI. R'TMCNT CouNTY O/' HN^V.ii TAx MAh rtcY c-,o-o9 ' NOTCS CI[HIBIT P: ~~~~~ "Notwithstanding any section of this ordinance, to the contrary where any section of this ordinance is in conflict with the existing subdivision plan, File Plan No. 1256, approved March 16, 1972, by the Planning Director, County of Hawaii, so as to make the implementation of said subdivision plan impossible, subdivision plan, File Plan No. 1256, shall prevail and remain in full Force and effect and the con- flicting section shall be null and void and the original zoning shall be reinstituted; provided further that nothing in this ordinance shall relieve the obligations created under that Bond dated 29 February naming Boise Cascade Home & Land Corporation, a Delaware Corporation and Firemens Insurance Company of Newark, New Jersey as surety for the construction of off-site improvements in accordance with the construction plans and agreements filed pursuant to subdivision File Plan 1256. This section shall become null and void upon the approval of a new file plan and surety bond. i ~'?r /l _Y. but not be limited to a listing of the work completed and in progress, the manner in which the stipulated conditions of approval of the change of zone request and other permits granted by the Planning Commission are being met, the amount of direct employment generated, any programs initiated which relate directly to the overall development, and any additional information which would supplement and/or alter the conclusions arrived at in the environ- mental impact statement identified as "File Exhibit 1" on file with the Planning Department; and (L) all other applicable rules and regulations be complied with, including the Special Management Area, Planned Development Permit, and Plan Approval processes. In addition, any conditions of approval stipulated by the Planning Commission in the granting of requested permits, such as the Special Management Area Use Permit, Planned Unit Development Permits, Planned Development Permits, and State Land Use Special Permits shall be incorporated herein by reference. Should the foregoing conditions not be met, rezoning of the area to its original zoning designation may be initiated. 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 repeals Ordinance No. 392, adopted by the County Council of the County of Hawaii on April 21, 1971, in its entirety. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction: April 6, 1977 Date of Adoption: V i COUNCILMAN, COUNT OF HAWAII -28- ~ h << ' . '~~ COUNTY CLERK ' ' ' o~~~ _iH OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII H ILO, HAWAII 9672^ Mayor Herbert T. Matayoshi County of Hawaii Hilo, HI I hereby transmit Ordinance Bill No. 290 Yasuki Arakaki DEPUTY COUNTY CLERK Harry A. Takahashi LEGISLATIVE AUDITOR passed by the County Council cn second final reading. Q . ~. z°~ COUNTY CLERK Encl. Dated: April 21, 1977 Bill No. 290 - 1977 AN ORDINANCE AMENDING SECTION 7.06, THE NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY REVISING AND REDESIGNATING THE RESORT-HOTEL (V-1.25), MULTIPLE FAMILY RESIDENTIAL (RM-1.5) AND (RM-3.0), VILLAGE COMMERCIAL (CV-10) AND OPEN (O) ZONES AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-07 (PORTION). This Bill amends Section 7.06, The North & South Kohala Districts Zone Map, Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, by revising and redesignating the Resort-Hotel (V-1.25), Multiple Family Residential (RM-1.5) and (RM-3.0), Village Commercial (CV-10) and Open (0) zones at Anaehoomalu, S. Kohala. Date Introduced: April 6, 1977 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on April 6, 1977, by the following aye and no vote: AYES: Councilmen Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 8. NOES: None. ABSENT AND EXCUSED: Councilman Dahlberg - 1. COUNTY CLE COUNTY OF HAWAII ~'! "sO.,Z~ ORDINANCE N0. 265 (Bill No. 290-1977) AN ORDINANCE AMENDING SECTION 7.06, THE NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY REVISING AND REDESIGNATING THE RESORT- HOTEL (V-1.25), MULTIPLE FAMILY RESIDENTIAL (RM-1. 5) AND (RM-3.0), VILLAGE COMMERCIAL (CV-10) AND OPEN (O) ZONES AT ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-9-07 (PORTION). Date Approved: April 20, 1977 Date Effective: April 28, 1977 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on April 20, 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima and Yamashiro - B. NOES. None. ABSENT AND EXCUSED: Council Chairman Tajiri - 1. . ~. '<;~c;~..y2.5'. ~J COUNTY CL~RK ~// COUNTY OF HAWAII Hilo, Hawaii Hilo, Hawaii Date: April 20 1977 Date: April 6, 1977 SECOND S FINAL READING FIRST RlADIN6 _ AYES NOES A/E AYES NOES A/E Dahlberg X X Dahlberg _ -- y.- Domingo X _ Domingo X _ Fujii X Fujii X - Garcia X __ Garcla X __ _ Kawahara x Kawahara x Lai X - Lal x Sameshima x _ _. Sameshima x _ Yamashiro X _ -- Yamashiro x - X Chr. Tajiri _ Chr.Taliri X __ _-- 1 8 fl 1 - 1977 ._ Aprl l 10 r Publication Date: - ----~ Publication Date: _ --------' We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. r. I ~ i 'l s ;:~ :i ^ "~' 9'~"f 6 Ac '', A~,~ ,,_ co ~ -,;~~ , i DGPft L. .Ji __ _. I__.-~.._._....__.. ..._.._ __- _.._ __. ___-_ Bill No. 290 _---- Reference:_ C-207/PC-~ -_ M.B. No. -- --- Ord. Na.,-~ ----; County Clerk this- ~ ---dOY of Approved/ ~,~ Suite 1801 ~~,~ Financial Plaza of the Pacific 130 Merchant Street Honolulu, Hawaii 96813 aoais3l-a 1 s 1 W11 ti0~01 September 7, 1976 hi r. Raymond Suefuji Director of Planning County of Hawaii 25 Aupuni Street Hilo, Ha;•iaii 96720 Dear Ray: After delays due to title disputes and a tight money market, the have finally reached agreement vaith a hotel developer and a hotel operator on mast of the major terms for the development of a 350-room luxury hotel at '.daikoloa. An option and purchase agreement regarding the land has been signed with the developer and management agreements have been signed with the hotel operator. ':de believe these negotiations ;vili result in development of the first hotel at Anaehoomalu Qay. If successful, this should initiate the gravth of the 'aaikoloa 3each Rr-_sort in accordance with the County General Plan, and the beginning of a fine destination resort region in South Koh al a. Construction and permanent hotel jobs will ease the current unemuloyment problem +:Ihich exists in Hawaii County generally and in `lorth Kohala in particular. In order to be able to get a building permit to start construction, there are several approvals which must be obtained. Qecause they all involve the Planning Department, the Planning Commission and in some cases the County Council, the are submitting these together for simul- taneous consideration and approval. It is hoped that this will lessen the burden on the Planning Department and the Planning Commission and speed up the approval process. Because of the timing involved, we are submitting these applications prior to the obtaining of long term hotel financing. 'ale assure you that we will proceed to install the inr'rastructure and golf course for the first hotel's support upon a hotel developer's definite commitment of financing, and in coordination with his progress in establishing the first hotel at Anaehoomalu. Thes? installations are at a cost to Boise far in excess of the proceeds from the sale of one hotel lot, but are a ncessary precedent to getting the entire project under way. This investment makes sense only if the whole lJaikoloa Geach Resort can be developed. Mr. Raymond Suefuji September 7, 1976 Page 2 Therefore, we are asking approval for our total development plan for the 'Waikoloa Beach Resort. Then, as to future hotel plans, condominium plans, etc., providing they meet the zoning requirements, building code requirements, set back requirements, and follow the concepts outlined in our Coastal Zone Management permit, approvals to go ahead can be secured directly from the Planning Department. It is only by being assured that we will be able to 9o ahead with our total development plan, providing we live within the rules, that we are able to make the heavy investment required to get the resort started. The following applications are enclosed: 1. Special fanagement Area Use Permit: This includes all of the lands at Anaehoomalu makai of the Queen Kaahumanu Highway, and involves a determination by the County Planning Commission approving the development of the Waikoloa Beach Resort based on environmental con- siderations and the public welfare. Application for Change of Zone: This involves certain lands to the north and mauka of Anaehoomalu Street. Occurin9 both in Increment I and Increment II of our current zoning, these changes do not involve additional density or change of zoning classification. The purpose is primarily to realign the golf course routing and to permit a change in road alignment, which we feel will result in a better over- all resort. A suggested zoning ordinance is included with the application. The boundry between increment I and Increment II of the Waikoloa Beach Resort will be maintained substantially as pro- vided in Ordinance 392 Faith the same provision for release of Increment II zoning. Subdivision Change: This is merely to bring our road alignment and subdivision plat in line with the zoning. 4. Planned Development Permit: In line with the law, we are asking for a finding by the Planning Commission that hotel and/or condominium use for each appropriately zoned resort, multi-family and commercial lot within the Waikoloa Beach Resort conforms to the County General Plan and other related ordinances. Mr. Raymond Suefuji September 7, 1976 Page 3 5. Application for Planned Unit Development Approval: Utilization of the Planned Unit Development concept permits a more compact hotel allowing for better operations, greater convenience for hotel guests and for large view corridors and more open space on the hotel sites. It is our feeling and that of the hotel operator and hotel developer that this creates a far better hotel than that permitted under the strict zoning regulations. 4Je are requesting PUD approval for hotel site 12, and partial PUD approval on hotel sites 4, 8, 9-10, 14 and 28. 6. Plan Approval: We also ask for Preliminary Plan Approval for the hotel on site 12. A5 the financing and all commitments for this hotel are conditional on this plan, this approval is important. 7. Acceptance of E. I. S.: Because we have petitioned to the Council for an Improvement District to finance certain of the improvement costs including water transmission, sewers, electrical, and tele- phone, for which County lands and/or funds will be employed, it is necessary that our E.I.S. be accepted in accordance with State as well as County procedures. 8. Special Permit: This permit will cover a temporary construction and maintenance yard on Lot 3, File Plan 1435. This facility is necessary during our development period and will be removed when a permanent facility is built in conjunction with a possible second 13-hole golf course. We share your view that the E.I.S process is not an "after the fact" justification, but a decision making tool. We, therefore, ask the County to grant these approvals for the Waikoloa Beach Resort, so that we can confidently move forward with our investment to get this resort off the ground and proceed toward its development. Si ce ly, Wi 's H. Sanburn ice President WHS:sf APPLICATION FOR CIiANGE OF ZONE ,....... _ _ __ _ .. COUNTY OF HA47A 1 I -~"" '~'~~ ~~~~ ~ - PLANNING DEPARThSENT APPLICANT: APPLICANT' S S I GNATURE: //1/rte Gl./Gyu-~ V~ (~' . Gillis H. Sanburn, Vice President ADDRESS: Financial Plaza of the Pacific, Suite 1801, 130 Merchant Street, Honolulu, Ha+vaii 96813 TELEPHONE: (808) 531-8181 REQUEST FROM: T0: Relocate certain parcels within existing urban zoning. No change in density. TAX htgP KEY: see attached AREA OF PROPERTY: 393.068 acres (size of parcel) Ol+'N ER: Boise Cascade Home and Land Corporation OWNER'S SIGNATURE: s n. ~anourn, vice rres APPLICANT'S INTEREST, IF NOT 04lNER: ____ (If lessee, rust be for at least arwther 5 years from date of application) APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attachl I. Please explain how the requested change of zone would be consistent with the goals, pollcles, and courses of action (if applicable) of the General Plan document. Also, please indicate specifically which goals, pollcles, and courses of action are involved. (Copies of the Ceneml Plan document are available at public libraries and at the XarJaii County Planning Department.) 2. Please state any other reasons for your request. See attached letter to Mr. Raymond Suefuji. THIS APPLICATION IdUST BE ACCOIdPANIEO BY: (I) 16 copies of the completed application form. (2) 16 copies of a location map, (3] 16 copies of a site plan with existing and proposed uses (e.g., structures, topography, proposed subdivision). (4) I copy of appropriate questionnaire. (5) any additional Information. (6) 5100.00 processing fee. FOR OFFICIAL USE: Date Received Dl rector's Action Prelim. Hearing Public Hearing To Council P.D. I 2/75 Conn-.orcial. nN,~, resort, & Industrial P:_,A1~, IIi•7G D%PA ~ i i'i ~l~i^t County of ~~waii I1P?iIG1T IOU FOR C=.~i°G~ GF ZOi•in 1, Ii your reovast is unproved, do you in: end to subdivide the - subjectland in accordance with the ap~~rovc-d c;-ange c.". zone? Yes Ii ves, plea se.answer the rest of question 1 and then to west ion 3, a. :'oar ;,,anxx acres of the requested area do you intend to SL`J.7 i V 1 Oe? 501 .6 b, _r.to what lot sizas? Varies. See attached revi=_ed zoning map. c, Ii -your rec~~est is aporcved, aporoxi~ately ;;`:ow lc~g urter ~ha dame o~ approval do you expect r_o s~b~it -. yccr sv~division plans to t7:e Planning ~aparcrent nor preliminary approval? Imm_e_diat_ely If you intend to subdivide, please submit a nreli-,inary scha-.a~ic sucdivision plan tocet'r,er with your change c~. ~ _ zone application form_ Preliminary Schematic subdivision plan attached. 2, li you hive r.o Firm plans of subdividing the subject area, do you intend to:. a_ Sell or lease tha land co so~ecne whohas ;-ire of a,-:s? _ b_ Sell or lease the land to someone who has ~en~ativ,? plans? - - ---- c_ Sell or lee se the land tc so;,ecne-who ;;^as no pians7 d_ Ke-oit? e, G`'ner (phase state) I_` you rote-nd to do ei:h~r z, b, or c, p'.zasa e1a_orate cn to kind o° plans -she other Harty has_ ?base, a~so, __.clnd2 _n yOLI 2n Suer 2 - - -. _._ ' pprcx~-iatzly hca~ soon a=per =~prcval oP your reZOning do you expect to ~ra;,s'er - sub~ect land ~o unozher party_ `--` 3, DP.iat ~peci~ic building plans do you ,.dve fcr tt,e oubject land? Include in your an s~ier the following: type cf ' - building (apart,,^,.cnt, office, launderette, etc.); financing arrange-ent, timetable for construction; and any ot:.er in.ormation which you peel might help us in evaluating your request, The Waikoloa Princess Hotel (deluxe 350-room expandable to over 400 rooms) will be started as soon as all the necessary permits can be obtained and final financing plans completed. Boise will develop the infrastructure, including the first 18-hole golf course, roads, water, sewer, electrical, on a phased basis. Construction will start as soon as all permits, including hotel building permit can be obtained. lJater, sewer, and certain. electrical installation may be constructed under the County of Hawaii Assessment Act. 4. _.ave you perfcr,-~~ed ar.y study cahicn would ca cnstrzte a need for your proposed building and/or devalopr„ent? Yes If so, pleases elaborate on your findings is ..he spzce provided 621 O1J, Reference is made to the Waikoloa Beach Resort Environmental Impact Statement., Section I.' -2- S_ :;avz ,u perfcr ed any study r;hick scu~cas the a~rviro:,-.ental i,-~~pacts your request would have on the.surrcunding area ' and/or the County7~ - Yes Ii= so, pleasz alabarate on your findings in the since ' providad Lelow_ Reference is made to the Waikoloa Beach Resort Environmental Impact Statement, Section IV. ' 6_ are Thera any buildings cn the subjzct area? Yes If so, what kind? Boise recently completed a public Beach Pavilion with restroom and sho~,aer facilities. i9,`;at do you i~t end to do with those 'cuildinas ii ycur racuzst is approved? ' Maintain them. 7. Is tnz subject land currently bung used for ary agricultural activity? No If so, please lisp the kinds of products grown and on o~.a .,.any secure feet or acres of land pzr product' 2_ ?c ycur kno~oled,e, has there bzzn any flooding and/or crair:age nro~leT on the subject aria? No IP so, nl~ase describe the problem_ -~- . , 9, ~ ti VJL` ~?~i!^.,. That ..:.e reads leading to the ,^.LJ~.^.Ct area needs i.:,~`werae nts7 Np' If so, ~a'r.~ ~ kind? Access to the property is by the Queen Ka'ahumanu Highway. Access from the highway to the WBR is across Boise property, and this road will be improved by Boise. is ~.... road adeguata _`or the proposad tray°ic.vol~.;.^.e or load7• -Yes 10, i-:zt sort of goveinnental assistance znd/or is~prove-ie nts do you peel will be needed in she subject area i~hen developed? Yes X70 a_ SCh0015 ~' X b_ Roads x c, Szwer ~ _ x . -_ . - d, F.rainage x e_ ?oliceprotection x - ~cire protzction x c,~ Recreational Facilities x h, ?ublic Dtilities x i _ other (" x For those checked "yes" nlaase elabora~a ~~ina~ type or xirds oi: i-.proveents and/or assistance are needed, Sewer, water; and certain electrical installations may be installed under the County of Hawaii Ass essruent Act. Other utilities will be installed by Helco and Hawaii Telephone. Police and fire protection will be needed on an increasing basis as the 4Jaikoloa Beach Resort builds out. 11_ rave you par.or,-~~ed any :`,istorical sit 2s study and/or s~~-vey ..- -::^.e _ su~iaCt aria? Ii so, ~.inat were the results? Please, also, s.--. `~ a cony of t'r.e study togethzr with t}:is chanoz of zone s~polec.ent_ Yes. Reference is made to the Waikoloa Beach Resort Environmental Impact Statement and the "Anaehoomalu: A Hawaiian Oasis, By William Barrera, Jr., Bishop Museum, November 15, 1971" on file with the County of Hawaii. Boise Ewe Home and Land Corporation Si ~, , , n n. ~anuurn,. v ice rresiaerti --. - _ ?_ddress' ` 130 Merhan Stmt,-.Suito 1Rn1 Honolulu, Hawaii 96813 ' Telephone • (808) 531-8181 Date ~ Aunust 12. 1976 -~ - Suite 1801 Financial Plaza of the Pacific 130 Merchant Street Honolulu, Hawaii 96813 808/531-8181 Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Gentlemen: Subject Wiikoloa October 21, 1976 Application for Change of Zone In connection with the Application for Change of Zone submitted September 9, 1976 and supplemented September 22, 1976 by Boise Cascade Home and Land Corporation for the Waikoloa Beach Resort, we are attaching a tabulation prepared by Jerry S. Nakagawa of 4dilliam Hee and Associates, Inc., showing the revised zoning parcels, revised zoning classification, area and break- down of the existing zoning areas of the revised parcels. Also attached is a map wflich shows the existing zoning boundaries being revised in dashed lines. If additional information is needed, please let us know. Yours v truly, Wi i Sanburn Vice President WHS/fn Enclosures ~~ w 1+~ N C o r N rt ~ o m n ~~ w ~' m m d~ 7 0 cn m b ~ r~ o- ~°t (D N h ~ H `J ~p (D V ~ C G .. Z ,, H ~ ~ T1 ~] I x fJ N NNNN N N ~H ~ ' M I--' NN W OO 00 W V V J V V 7,1];1 pJN N NNN NF+f+I-~F-+F+ I + ( ~ N F •• (fl N A W Y-' O tp V lA A W V O~ ['[1 ty MAI N WNI NO7D •• ["' ee » xs on~n Day rn o ~. .. z o z n * » n n ~ ~~~~ p ~ ° ° ° n o 0 0 ~~~~ `~S `n'S~ ~~ ~o ~ - o o : w w w < w w w o 0 0 o ~ , I-~ z E E I.-~ N~ .- w~ w w a s a. I-. 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N (J _ ~ ~ ~ ~ W Cn VI (n `J VI Ul tli F-' O `~ Cn DI VI u ~~ Ui ~v .~ ~ v v V rj7 ~/ ~ ~..+ u Fy O O A 0 0 0 W G O N N H O~ O O O~G O y J V ry OF-~(n N O~ N O Ip l-+N N O W O~1-'tpCO p Oo O W Vt ~ W V'J W O W N N A lp F-' 00 I-' A 7 DDDD D Dlp D ADD n n D n n n n D n n > D ~ ND DD D n n A D n n n n T~ • n • • • • . • • • r~ + +I + I+I+ +I+I +I I+ +I + I + n I +l +l +I +I + I I i D o ~ v o w w `w 7 a E E w w w ~e~ ~~ ~ ~ ~ ~ ~ ~o ~+ _ __ _ N O O O O w 00 N H N O~ F+ H V O Oo N O tll F' VI O N > ~ N N D n n n n ~ n ~ A n ~ + l 9 I+ ~ ~ I+ I+I+ I+ I+ I+ , ~ I+ z ~x ,~ ~ ° ° ° z z ° w m ~ ~ w w o w w ` v O ~ v ~ i N A •• C A W v J N ~ ~ n I l I ~ ^u~ ~ ~ v ~~ CHANGE OF ZONE: BOISE CASCADE HOME AND LAND CORPORATION An application for a change of zone has been submitted by Boise Cascade Home and Land Corporation for lands at 'Anaeho'omalu, South Kohala (TMK: 6-9-07). The area under consideration is located makai of the King's Trail and between 'Anaeho'omalu and Waiulua Bays and is identified by the petitioner as Waikoloa Beach Resort. The purpose of the change of zone request is to allow the reconfiguration of certain parcels within the subject area. More specifically, it is to allow the realignment of p Y°a~'a I the,(golf course routing and a realignment of portions of the 7Yo~oSPA roadway system. The total land area between the King's Trail and the shoreline is approximately 501.6 acres and is within the State Land Use Urban District. In April, ].971, this area was zoned by the County for resort, multiple family residential, village commercial and open uses. Of the total 501± acres, 92.43 acres are presently zoned Resort-1,250 square feet (V-1.25), 42.573 acres are zoned Multiple Family Residential-3,000 square feet (RM-3) and 12?.021 acres are within the Multiple Family Residential- 1,500 square feet (RM-1.5) zone. 19.151 acres are zoned Village Commercial-10,000 square feet (CV-10) and 191.011 acres are within the Open (O) zone. Roadway parcels comprise 27.385 acres. Under the subject request, the existing acreage within each of the zoned districts would remain the same or would be altered slightly. The largest acreage increase, ;y r Change of Zone Boise Cascade Home and Land Corporation Page 2 for example, would be in the Open zone with a gain of about 1.786 acres. The request is thus for the purpose of adjusting boundaries and shifting the locations of portions of the existing zoned districts due to the reconfiguration of. the golf course and revisions to the roadway system. Although the proposed configuation differs from the existing one, the total acreage in each of the zones has~bSeenaretained in accordance with the 1971 rezoning. The major changes in configuration would be in the northeast quarter of the area under consideration. In order to realize the proposed configuration, the petitioner has requested that approximately 135.812 acres of land be rezoned. This acreage will be shifted from one to another of the existing zoned districts of Open, V-1.25, RM-1.5, RM-3, and CV-10 or to a roadway parcel. The remainder of the area will retain its existing zoning. The County General Plan document specifies 'Anaeho'omalu as one of the island's major resort area. The General Plan Land Use Pattern Allocation Guide Map designations for the subject area are resort, medium density urban, and open. These latter designations basically follow the existing zoning pattern. The General Plan defines a major resort as a self-contained resort destination area which provides basic and support facilities for the needs of the entire development. Such facilities shall Change of Zone Boise Cascade Home and Land Corporation Page 3 include sewer, water, roads, employee housing and recreational facilities, etc. A maximum of 3,000 hotel rooms are allowed on 90 acres of resort zoned lands. A minimum of 50 acres of land shall be designated for active and passive recreation. Accessory uses within the resort zoned areas shall be based on 50 square £eet of floor area per hotel room. A maximum o£ 640 acres can be allowed for residential support use when other appropriately zoned lands are not available in close proximity. Employee housing shall be provided at a maximum ratios o£ one employee unit per every two hotel units built. The required ratio shall be determined by an analysis of the housing needs o£ the district or relative area. The petitioner's ultimate development plans for the area makai of the King's Trail include six (6) hotels with a total o£ 3,000 hotel rooms, about 3,430 multiple family residential units, a resort commercial center, a visitor orientation and information center which would also house resort management offices and real estate Functions, an 18-hole golf course, a temporary clubhouse, developed historic sites, a developed beach area, a proposed small boat harbor, parking and the necessary infrastructure. When the subject area was rezoned in 1971, approval was granted in two increments which the petitioner is following for the proposed development. Increment one is the area which generally extends from the sou?thern side o£ Waiulua Bay to 'Anaeho'omalu Bay. Change of Zone Hoise Cascade Home and Land Corporation Page 4 Within this increment the petitioner intends to cor~ruct five hotels with a total of approximately 2,580 rooms as well as 7•F.lo acres, about 1,665 multiple family residential units on~96,000 sq, ft. of commercial space, a central hotel parking facility and an internal transit system, recreation facilities, roads and developed open space, including an 18-hole golf course, historic sites, a developed beach area, a shoreline path, and a proposed small boat harbor. The petitioner also intends to establish a temporary project nursery and a temporary construction yard, both of which are proposed in an area between the King's Trail 4 t~e, F:a+ ~i a:~sr) C.a.(y L+w`uao%+ ~[Q 'EC~R~ and the Queen Ka'ahumanu Highway. „The first increment could be completed by 1988 if economic conditions are favorable. According to the petitioner: "Step lA, the first step of Increment One, is hopefully to be completed by 1978 and will consist of an initial 350-room hotel and a substantial portion of the major infrastructure - roads, water, sewer, power lines, serving the remaining hotel and multi-family lots in Increment One.... A substantial portion of the recre- ational support facilities will also be constructed at this time - the 18-hole golf course, a temporary club- house, Increment One coastal landscaping, and specific historic sites. The remaining steps of Increment One will be carried out as economics and individual site developers dictate." (EIS, p. 91). Change of Zone Boise Cascade Home and Land Corporation Page 5 The second increment would consist of one hotel with approximately 380 rooms, approximately 1,765 multiple family residential units, additional infrastructure and permanent hotel employee parking. Also proposed are a possible 18-hole addition to the golf course, additional historical site areas, extension of the shoreline path, a permanent golf course club- house facility, and a permanent golf course maintenance facility. The 1971 rezoning approval stipulated that zoning of the second increment would not be effective until substantial development occurred in the first increment. Under that ordinance 0392), substantial development is defined as "...building permits issued, ground broken and construction commenced on permanent structures on twenty-five (25) per cent of the zoned area for hotel development and fifteen (15) per cent o£ the zoned area for multiple family residential development, in addition to the required amenities." The petitioner also proposes a third increment which would include the area between the King's Trail and the Queen Ka'ahumanu Highway. The petitioner envisions this area being developed as cluster residential areas which would relate to the second 18-hole golf course extension. In addition, a permanent transportation center would be e6tablished to replace both the temporary construction yard and the central hotel parking facility. At present, this area is within the State Land Use Agricultural District and is zoned Change of Zone Boise Cascade Home and Land Corporation Page 6 Unplanned (W by the County. Surrounding lands are vacant. Mauna Loa Land, Inc.'s proposed resort development adjoin$s-g the subject area to the north. In support of the subject request, the petitioner has , in part, stated the following: "Boise Cascade Home and Land Corporation has been suc- cessful in their negotiations with Princess Hotels Inter- national to be the operator of a luxury class hotel to be developed on Parcel 12 of the Waikoloa Beach Resort (hereafter referred to as WBR).... Boise has agreed to have the first 18-hole golf course completed and ready to play by the time the hotel is completed. The WBR has already been zoned...land) as presently zoned, is included in the General Plan and conforms to goals and policies established for Major Resort Areas. This application for zone change allows for a better playing golf course and a better traffic flow than presently platted. The urban classification nova established under the General Plan and the total acreage classification and densities will remain the same." "....A stated goal in the Economic Section (of the General Plan) is'The County of Hawaii shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County.' The Land Use Section designated three major resort areas on Change of Zone Boise Cascade Home and Land Corporation Page 7 the Kohala coast...(t)he 'Anaeho'omalu area, the site of the Waikoloa Beach Resort; the Kawaihae-Hapuna area, the site of the Mauna Kea Beach Hotel complex; and the Puako- Honokabpe Bay area, the site of Mauna Loa Land's proposed resort complex." "Increments One and Two of the WBR development combined with Waikoloa Village conform to the (General Plan) re- quirement that the resort area be self contained. All required support facilities are either in the planning stage or are already constructed; employee housing is the only exception to this. For this housing, two alternatives are open: (1) Waikoloa is willing to sell at current market value developed house lots to prospective resort employees; (2) Waikoloa is also willing to donate up to 500 acres of unzoned land to provide sites for low cost housing. Howevez, Boise does not believe that there will be a significant demand for employee housing at Waikoloa until 1985. "Boise stands ready to donate up to 500 acres of unzoned land adjacent to the village and to the existing off-site utilities, roads, etc., as required, to achieve the Following objectives: 1). Provide low cost rental units if needed. 2). Provide affordable fee simple units as needed. 3). Avoid concentration of employee units in one area Change of Zone Boise Cascade Home and Land Corporation Page 8 to prevent the creation of a 'worker's ghetto.' "It is reasonable to assume that private developers will purchase portions of the developed multi-family zoned area of the village for relatively low cost rental housing when a market is developed by the establishment of an employment center at WBR. "Other general plan requirements are met by the WBR project. The limit of 3,000 hotel rooms has been incorporated into the plan. Passive and active recreation areas are in the order of 200 acres for Step lA of Increment One alone. The accessory uses within Waikoloa Princess Hotel are estimated at 118 square feet per room.... The area of land zoned for residential use adjacent to the resort area is 172 acres for Increments One and Two, well below the maximum of 640. "The Step lA portion of the WBR development will conform to the existing County Land Use Allocation Map with two exceptions. The golf course will be configured differently, and there is no special open space designated between the resort parcel and the ocean except around the big fishponds. However, if the open space on the County Map is meant to be the State-required 40 feet setback of development from the shoreline, this is followed in the development plan. It is not necessary to shift the Land Use Allocation (Map)... to accomodate the shifted gol£ course. However, increment One and Two will require some adjustments to the County Land Change of Zone Boise Cascade Home and Land Corporation Page 9 Use Plan since, reconfiguring of the golf course will require that certain...(medium density) areas be moved around a bit. This will not effect the total acreage involved, but will simply require a shift of the existing uses.... "Increment Three, if Yit receives State Land Use designation of urban, will require redesignation of the extensive agricultural area mauka of the King's Trail to open and medium density; this change urill only be sought after the State redesignates the area." "Hotels, condominiums and commercial business structures are expected to be built by developers who purchase lots at the Waikoloa Beach Resort in the future. Boise may, but probably will not, itself develop any hotels, condo- miniums or commercial structures. "AS development of the Waikoloa Beach Resort is presently conceived, offsite improvements are expected to be installed consistent with the actual rate of growth of the development and most likely will be financed either by Improvement Assessment District or by Boise, and recreational facilities will probably be installed by Boise based on the develop- ment's growth." p~E ~'Nt2, ~{aQ P~°~- ~ ~PPQ.;.ca,~l;ans ~ .~„ propoud dv~elopn.~,~ As^ --- the petitioner has submitted an environmental impact statement (EIS ~;~. The EIS has been reviewed by the Planning Department Change of Zone Boise Cascade Home and Land Corporation Page 10 and has been deemed acceptable by the Planning Director. The subject area is comprised of 'a'a and pahoehoe lava from Mauna Loa. The southern two-thirds of the area is pahoehoe, while the northern third is 'a'a, identified as the Kaniku lava flow. Except for areas where underground or brackish surface water occurs, and in the shoreline area there is virtually no vegetation on the subject property. Significant natural features of the area include a white sand beach at 'Anaeho'omalu Bay, Waiulua Bay and many small tidal pools along positions of the coast and extending inland in some instances. The shoreline is characterized by mixed cobblestone and sand beaches with typical strand vegetation such as naupaka, beach heliotrope, morning glory, and kiawe. Annual average rainfall is about 10 inches, most of which occurs in several storms between October and April. The only permanent structure on the subject property is a restroom facility at 'Anaeho'omalu Beach. Various areas have been graded and leveled. Located in the subject area are two Hawaiian fishponds, Ku'uali'i and Kahapapa. These are immediately mauka o£ 'Anaeho'omalu Beach. The petitioner intends to preserve these fishponds and incorporate them into the overall project design. The ponds themselves are classified Conservation by the State Land Use Commission. An archaeological survey of the area makai of the King's Change of Zone Boise Cascade Home and Land Corporation Page 11 Trail was conducted by the Bishop Museum in 1970. Various types of sites were located, including settlement clusters, burial and habitation caves, and an extensive petroglyph field. Saivage work and test excavations have been done on some sites, while a number of sites have been lost through grading. Old foot trails are also located in the area as well as a significant portion of the King's Trail, which is in good condition. The petitioner intends to preserve some of the more important sites by integrating them into the overall development plan and interpreting them for the public. Some ck the sites are important from a research perspective in that salvage and excavation work may reveal additional information on the prehistory of the area and the island. These latter sites consist primarily of midden deposits and are the most sensitive to destruction since the midden must be investigated in context. In addition, these are the types of sites most frequently vandalized. Access to the subject property is off of the Queen Ka'ahumanu Highway. Water will be provided by the Waikoloa Water Company, which is privately owned by the petitioner. The system presently consists of two deep wells located on the petitioner's mauka properties at the 1,200-foot elevation, a one million gallon reservoir and a distribution system in Waikoloa Village. The sources for the system is the Waikoloa Aquifer. Various studies and tests have shown that the source can provide adequate potable water at an Change of Zone Hoise Cascade Home and Land Corporation Page 12 acceptable level of quality for the entire development. The petitioner intends to establish a sewage treatment plant on the mauka side of the Queen Ka'ahumanu Highway for the proposed development. All other essential utilities will be provided by the petitioner. The petitioner is seeking a County Improvement District for sewer, water distribution and certain electrical installations. In reviewing the subject request, the Department of Health made the following comments: "Our comments are made in general terms and in a cover-all manner for the total development. The environmental health concerns are fivefold. 1. The type of sewage treatment and disposal system is governed by the Public Health Regulation, Chapter 38, Sewage Treatment and Disposal Systems. The requirements of treatment works adjacent to Class AA waters shall determine the type of treatment and disposal system. 2. All sewage generated from the entire development shall be disposed into the sewage system of the sewage treatment works. 3. Preventative measures are required to prevent water discharges generated from dredging, grading and other construction activities from degradation of the nearshore Class AA waters. Change of Zone Boise Cascade Home and Land Corporation Page 13 4. Air pollution is projected from grading and construc- tion activities. Control measures to prevent fugi- tive dust complaints need to (be) implemented. 5. Careful consideration should be given to the selec- tion of the sanitary landfill site. Spontaneous combustion and accidental burning at other sites have caused smoke complaints by residents downwind from the sanitary landfill. The costs for equipment, water and manpower required to uncover the generated heat or put out underground fires may become economic constraints." The State Department of Education has, in part, stated the following: "In al.l earlier reviews of plans by Boise Cascade, we had been fully aware of developmental plans for the Waikoloa Village Complex and we have subsequently provided our concerns of the need for school sites should the development materialize and provide substantive demands for accomodation of school children." "In reviewing the applications...submitted by Boise Cascade, we note that up to 3,000 hotel units are planned along with 3,430 multifamily residential units, all of which, when fully developed, will have significant impact upon our existing schools and upon our operating financial resources. We are cognizant that the development will be gradual over the next Change of Zone Boise Cascade Home and Land Corporation Page 14 few years, particularly as the hotel complex plan is completed." "Page 374 of the (EIS)...projects an ultimate K-12 student population of approximately 230 students when the Waikoloa Beach Resort is completed. We consider that the enrollment estimate is too low if approximately 900-1,100 employees' homes are constructed in Waikoloa Village. We believe a more reason- able estimate would be in the range of 700-1,000, K-12 students. An ultimate enrollment in this range would definitely require a separate K-6 or K-8 school, located within Waikoloa Village." "Our present projections for~HOnokaa Complex recognize the potential for growth in South Kohala. However, the critical element is a realistic appraisal of how fast development will occur. Our current assumption is that Waikoloa will grow; but the total growth by 1995 will be in the range of 200-300, K-.12 students, including students from families living in but not employed at Waikoloa. "Our projections are reviewed annually, and we will adjust our estimates upward if specific plans are developed to construct and finance worker housing in Waikoloa Village. "The Waikoloa Beach Resort proposal does not address the need for a future school site in Waikoloa as the population grows. This is not an immediate problem nor does it appear likely to become a problem in less than 6-10 years. However, the following are applicable: 1. A new elementary school should be considered when Change of Zone Boise Cascade Home and Land Corporation Page 15 and if it appears that the Waikoloa K-6 or K-8 enrollment may reach the 300-400 range. As indicated above, we do not anticipate enrollment would exceed 300 students prior to 1995. 2. The developer should be requested to dedicate a school site in accordance with BOE policy.... In view of the developer's request for approval of the entire Beach Resort at this time, it appears reason- able to request the dedication of school acreage as a condition to approval of the project...." "Hawaii District and the State Department of Education (therefore) wish to request that the Hawaii County Planning Department require a commitment on the part of the deu~oper to dedicate 10 acres in Waikoloa Village for a future school site as a condition to approval of the proposal. We request that the commitment should be open-ended, i.e., remain in effect until such time as the DOE determines there is a definite need. "The determination of the exact site shall be made by the State Department of Accounting and General Services which is charged with the responsibility to conduct the site selection study. It is our desire that the school site be dedicated to the State of Hawaii for use by the Department of Education." The General Plan Amendment for all of the petitioner's lands, approved in 1969, required the dedication of sites for elementary, intermediate and high school purposes. No formal agreements, however, Change of Zone Boise Cascade Home and Land Corporation Page 16 have been executed between the petitioner and any public agency. None of the other cooperating agencies had any objections to or comments on the subject request.