HomeMy WebLinkAboutORD 1992-065 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 575
(Draft 2)
ORDINANCE NO. 92 65
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP) AND SECTION 25-95E (LALAMILO-PUUKAPU ZONE
MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A -40a) TO SINGLE FAMILY RESIDENTIAL (RS -7.5), (RS -10), (RS -15)
AND (RS -20); DOUBLE FAMILY RESIDENTIAL (RD -5); MULTIPLE FAMILY
RESIDENTIAL (RM -2) AND (RM -3); VILLAGE COMMERCIAL (CV -7.5);
LIMITED INDUSTRIAL (ML -20) AND AGRICULTURAL (A -3a) AND FROM
SINGLE FAMILY RESIDENTIAL (RS -7.5) TO SINGLE FAMILY RESIDENTIAL
(RS -10) AT OULI, LANIKEPU, LALAMILO, WAIKOLOA AND PUUKAPU,
WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-01:9;
6-7-01:PORTION OF 25; 6-7-02:9 AND PORTIONS OF 15 AND 17 AND
6-8-01:PORTIONS OF 1 AND 8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
WAIMEA TOWN CENTER AREA
The district classification of the following area
situated at Waikoloa, Waimea, South Kohala, Hawaii, shall
be Multiple Family Residential (RM -3):
PARCEL 2:
Beginning at the North corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation. Station "WAIMEA EAST BASE"
being 632.48 feet South and 15,546.99 feet West, thence
running by azimuths measured clockwise from True South:
1. 322' 15' 47"
354.42 feet along Waimea School
Lot (Governor's Executive
Order 2040);
2. 52' 17' 38"
378.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
3. 600 00'
369.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
4. 140' 37'
155.05 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. 1230 43'
150.06 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
6. 2250 12' 38"
62.52 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu and Lot 22 of
Kaomoloa Subdivision,
Increment 2 (File Plan
1683);
7. 232' 17' 38"
733.78 feet along Lots 22, 21,
20, 19, 18, 17, 16 and 15
of Kaomoloa Subdivision,
Increment 2 (File Plan
1683) to the point of
beginning and containing
an Area of 5.947 Acres,
more or less. (Refer to
Parcel 2 as shown on
Exhibit "A".)
The district classification of the following area
situated at Waikoloa,
Puukapu and Lalamilo, Waimea, South
Kohala, Hawaii, shall be Single Family Residential (RS -10):
-2-
PARCEL 3:
Beginning at the Northwest corner of this parcel of land,
being also, the West corner of Lot 1 of Ainakokua
Subdivision - Unit "A" and on the Southeasterly side of
Mamalahoa Highway, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "WAIMEA EAST BASE" being 2,281.98 feet South and
17,511.72 feet West, thence running by azimuths measured
clockwise from True South:
1. 3210 06' 38" 154.60 feet along Lot 1 of
Ainakokua Subdivision -
Unit "A";
2. 226' 16' 38" 121.60 feet along Lot 1 of
Ainakokua Subdivision -
Unit "A";
3. 2260 35' 220.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
4. 2220 49' 916.62 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. 225° 12' 38" 524.30 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
6. 303' 43' 150.06 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
7. 3200 37' 155.05 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
8. 2400 00' 369.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
-3-
9. 232' 17' 38" 378.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
10. 1420 15' 47" 354.42 feet along Waimea School
Lot, along Governor's
Executive Order 2040;
11. 240' 13'
12. 3250 26' 47"
13. 250' 05' 47"
14
15
16
688.89 feet along the remainder
of Waimea School Lot,
along the remainders of
Governor's Executive
Orders 2040 and 1957;
101.15 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
160.12 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
Thence along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
right with a radius of
800.00 feet, the chord
azimuth and distance being:
3400 24' 28" 262.03 feet;
349' 50' 140.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
Thence along the remainder
-4-
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu and Deed: Hawaiian
Homes Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426,
on a curve to the left
with a radius of 800.00
feet, the chord azimuth
and distance being:
3260 00' 646.52 feet;
17. 3020 10' 74.30 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
18. Thence along the remainder
19. 80 10'
507.54
20. Thence along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, on a curve
to the right with a radius
of 500.00 feet, the chord
azimuth and distance being:
3350 10' 544.64 feet;
feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, on a curve
to the left with a radius
of 800.00 feet, the chord
azimuth and distance being:
3590 17' 247.08 feet;
21. 710 25' 364.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
22. 880 10' 230.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
23. 120' 45' 695.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
-5-
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
24. 173° 10' 145.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 and R.P.
5671, L.C. Aw. 8521-B,
Apana 1 to G.D. Hueu;
25. 155' 00' 154.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
26. 650 40' 598.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
27. 320° 15' 184.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
28. 640 10' 650.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
29. 3530 05' 503.34 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
30. 96' 02' 1,354.18 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
31. 2460 36' 1,001.84 feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order 1965);
a.
32. 1430 36'
500.82
feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order 1965);
33. 530 36'
312.00
feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order 1965);
34. 323' 36'
398.00
feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order 1965);
35. 660 36'
727.87
feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order 1965);
36. 960 02'
34.55
feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
37. 186' 01' 38"
547
feet, more or less, along
the Easterly side of
Mamalahoa Highway;
38. 2110 38' 38" 235 feet, more or less, along
the Southeasterly side of
Mamalahoa Highway to the
point of beginning and
containing an Area of
113.08 Acres, more or
less. (Refer to Parcel 3
as shown on Exhibit "A".)
The district classification of the following area
situated at Waikoloa and Puukapu, Waimea, South Kohala,
Hawaii, shall be Single Family Residential (RS -15):
PARCEL 4:
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 3,001.37 feet South and 13,794.31 feet West, thence
running by azimuths measured clockwise from True South:
-7-
2
3.
4
5
520 25' 38.91 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Prof. No. 19-E-01-79);
142' 25' 25.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
520 25' 465.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
3220 25' 20.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
520 25' 185.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
we
322° 25'
52° 25'
5.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Prof. No. 19-E-01-79);
182.58
8. Thence along the remainder
9. 146' 07' 20"
feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Prof. No. 19-E-01-79);
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Prof. No. 19-E-01-79), on
a curve to the right with
a radius of 7,935.00 feet,
the chord azimuth and
distance being:
540 16' 10" 513.10 feet;
5.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
10. Thence along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
11
12
148' 37' 44" 10.00
Thence along the remainder
13. 166° 21'
14. 156° 35'
(Proj. No. 19-E-01-79), on
a curve to the right with
a radius of 7,930.00 feet,
the chord azimuth and
distance being:
570 22' 32" 346.91 feet;
feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79), on
a curve to the right with
a radius of 7,920.00 feet,
the chord azimuth and
distance being:
60' 37' 44.7" 552.86 feet;
08" 1,070.46 feet along the remainders
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 and R.P.
5671, L.C. Aw. 8521-B
Apana 1 to G.D. Hueu;
30.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
15. 96' 02' 304.37 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
-10-
16. 173° 05'
503.34
feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
17. 244' 10'
650.00
feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
18. 1400 15'
184.00
feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
19. 2450 40'
598.00
feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
20. 3350 00'
154.00
feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
21. 3530 10'
145.00
feet along the remainders
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu and Deed: Hawaiian
Homes Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426;
22. 3000 45' 695.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
23. 2680 10' 230.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
24. 2510 25' 364.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
-11-
25. Thence along the remainder
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, on a curve
to the left with a radius
of 800.00 feet, the chord
azimuth and distance being:
336' 24' 30" 386.85 feet;
26. 3220 25' 156.26 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 to the
point of beginning and
containing an Area of
65.761 Acres, more or
less. (Refer to Parcel 4
as shown on Exhibit "A".)
The district classification of the following area
situated at Waikoloa and Puukapu, Waimea, South Kohala,
Hawaii, shall be Village Commercial (CV -7.5):
PARCEL 5:
Beginning at the South corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 1,467.56 feet South and 14,029.02 feet West, thence
running by azimuths measured clockwise from True South:
1. Along the remainder of
Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426,
on a curve to the left
with a radius of
500.00 feet, the chord
azimuth and distance being:
137' 04' 257.13 feet;
-12-
2. 122° 10' 74.30 feet along the remainder
of Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426;
3. Thence along the remainders of Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426
and R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, on a curve to the
right with a radius of
800.00 feet, the chord
azimuth and distance being:
1460 00' 646.52 feet;
4. 169' 50' 140.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. Thence along the remainder
of R.P. 5671, L.C.
Aw. 8521-B, Apana 1 to
G.D. Hueu, on a curve to
the left with a radius of
800.00 feet, the chord
azimuth and distance being:
1600 24' 28" 262.03 feet;
6. 250' 05' 47" 42.42 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
7. 3330 06' 37" 209.24 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
B. 2290 18' 47" 309.18 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
-13-
9. 1390 18' 47" 104.80 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
10. 2500 05' 47" 468.58 feet along the remainder
Of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
11. 205° 39' 50" 99.89 feet along R.P. 5671, L.C.
Aw. 8521-B, Apana 1 to
G.D. Hueu;
12. 205' 48' 47" 18.11 feet along R.P. 5671, L.C.
Aw. 8521-B, Apana 1 to
G.D. Hueu;
13. 219' 52' 17" 147.30 feet along the remainder
of Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426;
14. 331' 48' 47" 180.00 feet along L.C. Aw. 4037
to A.D. Allen;
15. 2590 30' 47" 416.00 feet along L.C. Aw. 4037
to A.D. Allen;
16. 159' 00' 47" 136.00 feet along L.C. Aw. 4037
to A.D. Allen;
17. Thence along the remainders of Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426
and Deed: Kamehameha IV
to C.R. Bishop dated
March 5, 1861 and recorded
in Liber 14, Page 264, on
a curve to the right with
a radius of 800.00 feet,
the chord azimuth and
distance being:
298° 09' 14.5" 823.88 feet;
-14-
18. 3290 08' 47"
19. 650 32'
621.77 feet along the remainders
of Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426;
1,829.59 feet along the remainders
of Deed: Hawaiian Homes
Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426,
Grant 5977 to Ella Duncan
and L.C. Aw. 3682 to Mahu
to the point of beginning
and containing an Area of
53.900 Acres, more or
less. (Refer to Parcel 5
as shown on Exhibit "A".)
The district classification of the following area
situated at Puukapu, Waimea, South Kohala, Hawaii, shall
be Double Family Residential (RD -5):
PARCEL 6:
Beginning at the East corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 2,149.08 feet South and 12,462.95 feet West, thence
running by azimuths measured clockwise from True South:
Along the remainder of Deed
-15-
Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79), on
a curve to the left with a
radius of 8,080.00 feet,
the chord azimuth and
distance being:
620 25' 48" 311.17 feet;
2. 331' 19' 36" 15.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 along the
Northwesterly side of the
proposed Hawaii Belt Road
(Prof. No. 19-E-01-79);
Thence along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79), on
a curve to the left with a
radius of 8,065.00 feet,
the chord azimuth and
distance being:
60" 23' 18" 264.15 feet;
4. 1680 25' 248.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
5. 2130 05' 145.12 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
1630 50' 322.94 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
7. Thence along the remainder of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, on a curve
to the left with a
-16-
radius of 1,000.00 feet,
the chord azimuth and
distance being:
2600 09' 11" 342.03 feet;
8. 3330 32' 497.66 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 to the
point of beginning and
containing an Area of
5.610 Acres, more or
less. (Refer to Parcel 6
as shown on Exhibit "A".)
The district classification of the following area
situated at Puukapu, Waimea, South Kohala, Hawaii, shall
be Single Family Residential (RS -10):
PARCEL 7:
Beginning at the South corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 2,149.08 feet South and 12,462.95 feet West, thence
running by azimuths measured clockwise from True South:
1. 1530 32' 497.66 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
2. Thence along the remainder of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, on a curve
to the left with a radius
of 1,000.00 feet, the
chord azimuth and distance
being:
2470 24' 11" 101.29 feet;
-17-
4
6.
7.
244° 30' 138.95 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
Thence along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, on a curve
to the left with a radius
of 500.00 feet, the chord
azimuth and distance being:
1960 49' 23.5" 739.36 feet;
1490 08' 47" 485.26 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
2590 45' 754.35 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
329° 08' 47" 1,468.80 feet along Hawaiian Homes
Land;
Thence along the remainder
Q1 -M
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79),on
a curve to the left with a
radius of 8,065.00 feet,
the chord azimuth and
distance being:
730 19' 45.8" 354.52 feet;
9. 1620 04' 12" 25.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
10. Thence along the remainder
11. 338' 50' 48"
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79), on
a curve to the left with a
radius of 8,090.00 feet,
the chord azimuth and
distance being:
70" 27' 30" 455.07 feet;
10.00 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79);
12. Thence along the remainder
-19-
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, along the
Northwesterly side of the
proposed Hawaii Belt Road
(Proj. No. 19-E-01-79), on
a curve to the left with a
radius of 8,080.00 feet,
the chord azimuth and
distance being:
66" 11' 24" 749.03 feet
to the point of beginning
and containing an Area of
35.132 Acres, more or
less. (Refer to Parcel 7
as shown on Exhibit "A".)
The district classification of the following area
situated at Puukapu, Waimea, South Kohala, Hawaii, shall
be Multiple Family Residential (RM -2):
PARCEL 8:
Beginning at the Northeast corner of this parcel of land,
on the Southwesterly side of Kamamalu Street (Maertens
Road), the coordinates of said point of beginning referred
to Government Survey Triangulation Station "WAIMEA EAST
BASE" being 983.76 feet North and 12,250.40 feet West,
thence running by azimuths measured clockwise from True
South:
1.
59'
07'
125.00
feet along the Hawaii
Electric Light Co., Inc.
Sub -Station, along the
remainder of Grant 5973 to
Charles Baker;
2.
3290
07'
100.00
feet along the Hawaii
Electric Light Co., Inc.
Sub -Station, along the
remainder of Grant 5973 to
Charles Baker;
3.
740
44'
120.21
feet along Hawaiian Homes
Land;
4.
75°
35'
19.80
feet along Hawaiian Homes
Land;
5.
3290
08' 47"
1,332.00
feet along Hawaiian Homes
Land;
6. 790 45' 754.35 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
7. 149' 08' 47" 354.69 feet along the remainder
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426;
-20-
8. Thence along the remainders of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426 and Deed:
Kamehameha IV to C.R.
Bishop dated March 5, 1861
and recorded in Liber 14,
Page 264, on a curve to
the left with a radius of
800.00 feet, the chord
azimuth and distance being:
118' 09' 14.5" 823.88 feet;
9. 1590 00' 47" 291.26 feet along L.C. Aw. 4037
to A.D. Allen;
10. 700 30' 47" 280.25 feet along L.C. Aw. 4037
to A.D. Allen;
11. 68" 28' 47" 11.54 feet along L.C. Aw. 4037
to A.D. Allen;
12. 2060 00' 17" 195.50 feet along R.P. 5671, L.C.
Aw. 8521-B, Apana 1 to
G.D. Hueu;
13. 2390 43' 07" 531.53 feet along the remainders
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu, Deed: Kamehameha IV
to Philip Ryan and R.P.
6253, L.C. Aw. 4026 to
John Thomas;
14. 1550 25' 47" 30.18 feet along R.P. 6253, L.C.
Aw. 4026 to John Thomas;
15. 2390 07' 47" 930.95 feet along the remainders
of Deed: Hawaiian Homes
Commission to Richard
Smart dated July 7, 1956
and recorded in Liber
3138, Page 426, Grant 4955
to J.T. Baker and Grant
5973 to Charles Baker and
along Waimea Civic Center
(Governor's Executive
Order 2632);
-21-
16. 3290 07' 409 feet, more or less, along
the Southwesterly side of
Kamamalu Street (Maertens
Road) to the point of
beginning and containing
an Area of 36.41 Acres,
more or less. (Refer to
Parcel 8 as shown on
Exhibit "A".)
The district classification of the following area
situated at Puukapu, Waimea, South Kohala, Hawaii, shall
be Single Family Residential (RS -7.5):
PARCEL 9:
Beginning at the North corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 940.88 feet North and 13,293.91 feet West, thence
running by azimuths measured clockwise from True South:
1. 335' 25' 47" 121.21 feet along Deed: Hawaiian
Homes Commission to
Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426;
2. 59' 43' 07" 531.53 feet along the remainders
of R.P. 6253, L.C. Aw.
4026 to John Thomas,
Deed: Kamehameha IV to
Philip Ryan and Deed:
Hawaiian Homes Commission
to Richard Smart dated
July 7, 1956 and recorded
in Liber 3138, Page 426;
3. 206' 00' 17" 214.82 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
4. 238' 58' 27" 105.54 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
-22-
5. 2390 43' 07"
RURAL - RESIDENTIAL AREA
259.43 feet along R.P. 5671, L.C.
Aw. 8521-B, Apana 1 to
G.D. Hueu to the point of
beginning and containing
an Area of 1.237 Acres,
more or less. (Refer to
Parcel 9 as shown on
Exhibit "A".)
The district classification of the following area
situated at Ouli, South Kohala, Hawaii, shall be Single
Family Residential (RS -15):
PARCEL 1/EXHIBIT "B":
Beginning at the Southwest corner of this parcel of land,
being, also, the East corner of Lot 7 of Kamuela View
Estates, Units 1-A and 1-B (File Plan 1620), on the
Northerly side of Kawaihae Road (F.A.P. N.R.H. 11-C), the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU PA" being
13,903.67 feet North and 3,247.55 feet West, thence
running by azimuths measured clockwise from True South:
1. 119' 30' 616.18 feet along Lots 7,8 and 9
of Kamuela View Estates,
Units 1-A and 1-B (File
Plan 1620);
2. 232° 10' 720.37 feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
3. 2660 40' 780.34 feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
4. 2850 50' 306.00 feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
5. 3100 30' 373.00 feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
6. 2790 20' 121.76 feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
-23-
7. 7° 35'
512.58 feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
8. 800 37'
32.00 feet along Lot 60 of
Lalamilo House Lots -
Second Series;
9. 64' 00'
71.70 feet along Lot 60 of
Lalamilo House Lots -
Second Series;
10. 570 02'
122.25 feet along Lot 60 of
Lalamilo House Lots -
Second Series;
11. 580 24'
53.50 feet along Lot 60 of
Lalamilo House Lots -
Second Series;
12. 35' 39'
12.58 feet along Lot 60 of
Lalamilo House Lots -
Second Series;
13. 102' 18'
752.39 feet along the Northerly
side of Kawaihae Road
(F.A.P. N.R.H. 11-C);
14. Thence along
the Northerly side of Kawaihae Road
(F.A.P. N.R.H. 11-C), on a
curve to the left with a
radius of 1,940.00 feet,
the chord azimuth and
distance being:
950 31' 30" 457.73 feet
to the point of beginning
and containing an Area of
31.488 Acres, more or
less. (Refer to Parcel 1
as shown on Exhibit "B".)
The district
classification of the following area
situated at Ouli
and Lanikepu, South Kohala, Hawaii, shall
be Single Family
Residential (RS -20):
PARCEL 2/EXHIBIT
"B":
-24-
Beginning at the North corner of this parcel of land, on
the Southwesterly side of Kohala Mountain Road (F.A.P.
E -11-A), the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"PUU PA" being 14,770.51 feet North and 129.96 feet East,
thence running by azimuths measured clockwise from True
South:
1. 307' 02' 164.36 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
Thence along the Southwesterly side of Kohala
Mountain Road (F.A.P.
E -11-A), on a curve to the
left with a radius of
440.30 feet, the chord
azimuth and distance being:
296' 39' 30" 158.59 feet;
3. 2860 17' 440.30 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
2. Thence along the
3140 11'
Southwesterly side of
Mountain Roa
E -11-A), on
right with a
570.00 feet,
azimuth and
289° 42'
-25-
feet along
Hawaii to Jesse E.
Blackwell and Cynthia G.
Blackwell dated March 24,
d recorded in Liber
page 92;
Kohala
d (F.A.P.
a curve to the
radius of
the chord
distance being:
67.94 feet;
Deed: State of
1975 an
10554,
Thence along Middle of
Lanikepu Gulch, along
Grant 15231 to Jesse E.
Blackwell and Cynthia G.
Blackwell, the direct
azimuth and distance
between points being:
6. 17' 33' 30" 73.87 feet;
Thence along the Middle of
Lanikepu Gulch, along
Grant 13706 to Richard
Smart, for the next two
(2) courses, the direct
azimuths and distances
between points being:
7. 29' 40' 165.60 feet;
8. 890 10' 620.00 feet;
Thence along the Middle of
-26-
Lanikepu Gulch, along
Grant 15,228 to Bruce A.
Tegman, et al, the direct
azimuths and distances
between points being:
9.
50'
04' 30"
237.95
feet;
10.
700
15'
571.79
feet along Grant 13,706 to
Richard Smart and Lots 50
and 51 of Lalamilo House
Lots - Second Series;
11.
830
10'
354.45
feet along Lots 51 and 52
of Lalamilo House Lots -
Second Series;
12.
1160
15'
131.74
feet along Lots 53 and 54
of Lalamilo House Lots -
Second Series;
13.
990
07'
148.37
feet along Lots 54 and 55
of Lalamilo House Lots -
Second Series;
14.
1380
49'
43.18
feet along Lots 55 and 56
of Lalamilo House Lots -
Second Series;
15.
1080
17'
123.55
feet along Lots 56 and 57
of Lalamilo House Lots -
Second Series;
16.
550
05'
84.87
feet along Lot 57 of
Lalamilo House Lots -
Second Series;
-26-
17.
910
02'
86.26
feet along Lots 57 and 58
of Lalamilo House Lots -
Second Series;
18.
750
52'
94.11
feet along Lot 58 of
Lalamilo House Lots -
Second Series;
19.
880
34'
196.07
feet along Lots 58 and 59
of Lalamilo House Lots -
Second Series;
20.
800
37'
109.89
feet along Lot 60 of
Lalamilo House Lots -
Second Series;
21.
1870
35'
512.58
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
22.
2790
20'
163.79
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
23.
273'
00'
282.41
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
24.
2610
30'
289.00
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
25.
2690
15'
975.00
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa
and Grant 1283 to Ohiaku;
26. 201' 50' 439.02 feet along the remainder
of Grant 1283 to Ohiaku to
the point of beginning and
containing an Area of
28.50 Acres, more or
less. (Refer to Parcel 2
as shown on Exhibit "B".)
The district classification of the following area
situated at Ouli and Lanikepu, South Kohala, Hawaii, shall
be Agricultural (A -3a):
-27-
PARCEL 3/EXHIBIT "B":
Beginning at the East corner of this parcel of land, on
the Southwesterly side of Kohala Mountain Road (F.A.P.
E -11-A), the coordinates of said point of beginning
referred to Government Survey Triangulation Station
"PUU PA" being 14,770.51 feet North and 129.96 feet East,
thence running by azimuths measured clockwise from True
South:
1. 21' 50'
439.02
feet along the remainder
of Grant 1283 to Ohiaku;
2. 890 15'
975.00
feet along the remainders
of Grant 1283 to Ohiaku
and R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
3. 81' 30'
289.00
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
4. 93' 00'
282.41
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
5. 99' 20'
285.55
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
6. 1300 30'
373.00
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
7. 105' 50'
306.00
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
8. 860 40'
780.34
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
9. 52' 10'
720.37
feet along the remainder
of R.P. 2237, L.C. Aw.
8518-B, Apana 1 to Kanehoa;
10. 119' 30'
329.84
feet along Lots 9, 10 and
23 of Kamuela View
Estates, Units 1-A and 1-B
(file Plan 1620);
11. 1920 35' 2,155.00 feet along the Government
Land of Momoualoa:
12. 1980 34' 1,180.30 feet along the Government
Land of Momoualoa:
13
14
15
16
17
18.
19
2760 02' 235.80 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
Thence along the Southwesterly side of Kohala Mountain
-29-
Road (F.A.P. E -11-A), on a
curve to the right with a
radius of 370.00 feet, the
chord azimuth and distance
being:
3100 25' 417.90 feet;
3440 48'
16.20 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
Thence along
the Southwesterly side of Kohala Mountain
Road (F.A.P. E -11-A), on a
curve to the left with a
radius of 551.70 feet, the
chord azimuth and distance
being:
327' 43' 324.14 feet;
310' 38'
535.40 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
Thence along
the Southwesterly side of Kohala Mountain
Road (F.A.P. E -11-A), on a
curve to the left with a
radius of 529.10 feet, the
chord azimuth and distance
being:
287' 07' 30" 422.10 feet;
2630 37'
20.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
-29-
20. Thence along the Southwesterly side of Kohala Mountain
Road (F.A.P. E -11-A), on a
curve to the right with a
radius of 380.30 feet, the
chord azimuth and distance
being:
2730 04' 30" 124.99 feet;
21. 3090 44' 66.70 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
22. 2550 00' 40.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
23. Thence along the Southwesterly side of Kohala Mountain
Road (F.A.P. E -11-A), on a
curve to the right with a
radius of 380.30 feet, the
chord azimuth and distance
being:
306' 25' 30" 124.99 feet;
24. 315' 53' 542.70 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
25. 3210 32' 30" 75.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
26. 3430 27' 171.90 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
27. 353' 00' 80.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
28. 50 46' 291.20 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
-30-
29. 25' 00' 100.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
30. 358' 00' 100.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
31. 343' 53' 123.60 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
32. 3110 00' 100.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
33. Thence along the Southwesterly side of Kohala Mountain
Road (F.A.P. E -11-A), on a
curve to the left with a
radius of 426.20 feet, the
chord azimuth and distance
being:
287' 32' 506.63 feet;
34. 2510 04' 1.60 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
35. 274' 00' 180.00 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
36. 2900 30' 221.70 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A);
37. 307° 02' 110.14 feet along the
Southwesterly side of
Kohala Mountain Road
(F.A.P. E -11-A) to the
point of beginning and
containing an Area of
169.87 Acres, more or
less. (Refer to Parcel 3
as shown on Exhibit "B".)
-31-
INDUSTRIAL PARK AREA
The district classification of the following area
situated at Waikoloa, South Kohala, Hawaii, shall be
Limited Industrial (ML -20):
PARCEL "A"/EXHIBIT "C":
Beginning at the Southeast corner of this parcel of land,
on the Westerly side of Mamalahoa Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PUU PA" being 2,715.91 feet North
and 9,035.74 feet East, thence running by azimuths
measured clockwise from True South:
1. 960 00' 945.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 1860 00' 1,152.38 feet along the remainder
Of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
3. 276' 00' 945.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
4. 6" 00' 1,152.38 feet along the Westerly
side of Mamalahoa Highway
to the point of beginning
and containing an area of
25.000 Acres, more or
less. (Refer to Parcel
"A" as shown on Exhibit
"C..,)
WAIMEA TOWN CENTER AREA
The district classification of the following area
situated at Waikoloa, Waimea, South Kohala, Hawaii, shall
be Single Family Residential (RS -10):
PARCEL "X-1"/EXHIBIT "D":
Beginning at the Southwest corner of this parcel of land,
on the Easterly side of Mamalahoa Highway, the coordinates
of said point of beginning referred to Government Survey
-32-
Triangulation Station "WAIMEA EAST BASE" being 3,256.77
feet South and 17,716.73 feet West, thence running by
azimuths measured clockwise from True South:
1. 1860 01' 38" 178.22 feet along the Easterly
side of Mamalahoa Highway;
2. 2460 36' 109.75 feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order Number 1965);
3. 2760 02' 1,354.18 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
4. 353' 05' 72.95 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. 890 29' 38"
I
7.
go
Z
10.
92' 41' 08"
255.98 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
151.90 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
84' 21' 38" 285.04 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
970 09' 38" 165.55 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
660 53' 08" 14.96 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
940 51' 38" 109.81 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
-33-
11. 89" 11' 38" 496.16 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu to the point of
beginning and containing
an Area of 5.079 Acres.
(Refer to Parcel "X-1" as
shown on Exhibit "D".)
The district classification of the following area
situated at Waikoloa, Waimea, South Kohala, Hawaii, shall
be Single Family Residential (RS -15):
PARCEL "X-2"/EXHIBIT "D":
Beginning at the Northwest corner of this parcel of land,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 3,178.28 feet South and 16,250.61 feet West, thence
running by azimuths measured clockwise from True South:
1. 2760 02' 304.37 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 336" 35' 30.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
3. 91' 17' 08" 88.16 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
4. 850 49' 38" 202.56 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
5. 89" 29' 38" 15.66 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
-34-
6. 1730 05' 72.95 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu to the point of
beginning and containing
an Area of 0.329 Acres.
(Refer to Parcel "X-2" as
shown on Exhibit "D".)
The district classification of the following area
situated at Waikoloa, Waimea, South Kohala, Hawaii, shall
be Single Family Residential (RS -10):
PARCEL "Y"/EXHIBIT "D":
Beginning at the Northwest corner of this parcel of land,
on the Easterly side of Mamalahoa Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "WAIMEA EAST BASE" being 3,025.90
feet South and 17,692.36 feet West, thence running by
azimuths measured clockwise from True South:
1. 2760 02' 34.55 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
2. 66' 36' 39.67 feet along Lalamilo
Reservoir Site and Roadway
(Governor's Executive
Order Number 1965);
3. 186° 01' 38" 19.49 feet along the Easterly
side of Mamalahoa Highway
to the point of beginning
and containing an Area of
0.008 Acre. (Refer to
Parcel "Y" as shown on
Exhibit "D".)
SECTION 2. Section 25-95E, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
WAIMEA TOWN CENTER AREA
The district classification of the following area
situated at Waikoloa and Lalamilo, Waimea, South Kohala,
Hawaii, shall be Single Family Residential (RS -10):
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PARCEL 1/EXHIBIT "A":
Beginning at the South corner of this parcel of land, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "WAIMEA EAST BASE"
being 2,318.26 feet South and 17,326.78 feet West, thence
running by azimuths measured clockwise from True South:
1. 1310 51' 38" 44.90 feet along Lot 1 of
Ainakokua Subdivision -
Unit "A";
2. 2150 44' 38" 149.65 feet along Lots 1 and 2 of
Ainakokua Subdivision -
Unit "A";
3.
224°
39'
38"
62.10
feet along Lot 3 of
Ainakokua Subdivision -
Unit "A";
4.
132'
01'
38"
14.00
feet along Lot 3 of
Ainakokua Subdivision -
Unit "A";
5.
213'
08'
38"
141.47
feet along Lot 4 of
Ainakokua Subdivision -
Unit "A";
6.
1250
31'
38"
25.97
feet along Lot 4 of
Ainakokua Subdivision -
Unit "A";
7.
211'
38'
38"
338.91
feet along Lots 5, 6 and 7
of Ainakokua Subdivision -
Unit "A";
8.
1210
38'
38"
10.00
feet along Lot 7 of
Ainakokua Subdivision -
Unit "A";
9.
210
03'
38"
75.00
feet along Lot 8 of
Ainakokua Subdivision -
Unit "A";
10.
214'
48'
08"
46.60
feet along Lot 8 of
Ainakokua Subdivision -
Unit "A";
11.
2150
10'
08"
150.15
feet along Lot 9 of
Ainakokua Subdivision -
Unit "A";
-36-
12. 212' 31' 38" 126.25 feet along Lot 10 of
Ainakokua Subdivision -
Unit "A";
13. 306' 43' 08" 37.05 feet along Lot 11 of
Ainakokua Subdivision -
Unit "A";
14. 2170 56' 38" 112.97 feet along Lot 11 of
Ainakokua Subdivision -
Unit "A";
15. 2170 16' 123.49 feet along the remainder
of Grant 5183-B to Annie
T.K. Parker;
16. 314' 38' 38" 92.00 feet along Lot 2-A;
17. 2240 38' 38" 254.67 feet along Lot 2-A, 2-B
and 2-C;
18. 213' 24' 34" 14.26 feet along Lot R-1
(Kaomoloa Road) of
Kaomoloa Subdivision,
Increment 2 (File Plan
1683);
19. Thence along Lot R-1 (Kaomoloa Road) of Kaomoloa
Subdivision, Increment 2
(File Plan 1683), on a
curve to the left with a
radius of 730 feet, the
chord azimuth and distance
being:
3000 52' 33" 64.54 feet;
20. Thence along Lot R-1 (Kaomoloa Road) of Kaomoloa
Subdivision, Increment 2
(File Plan 1683), on a
curve to the right with a
radius of 20.00 feet, the
chord azimuth and distance
being:
3410 37' 20" 27.42 feet;
21. 2960 27' 50.02 feet along Lot R-1
(Kaomoloa Road) of
Kaomoloa Subdivision,
Increment 2 (File Plan
1683);
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22. Thence along Lot R-1 (Kaomoloa Road) of Kaomoloa
Subdivision, Increment 2
(File Plan 1683), on a
curve to the right with a
radius of 20.00 feet, the
chord azimuth and distance
being:
2490 54' 08" 28.28 feet;
23. 204' 54' 08" 60.00 feet along Lot R-1
(Kaomoloa Road) of
Kaomoloa Subdivision,
Increment 2 (File Plan
1683);
24. 2940 54' 08" 64.00 feet along Lot 22 of
Kaomoloa Subdivision,
Increment 2 (File Plan
1683);
25. 45' 12' 38" 554.30 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
26
27.
42' 49' 916.62 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu;
46' 35' 220.00 feet along the remainder
of R.P. 5671, L.C. Aw.
8521-B, Apana 1 to G.D.
Hueu to the point of
beginning and containing
an Area of 6.825 Acres,
more or less. (Refer to
Parcel 1 as shown on
Exhibit "A".)
All as shown on the map attached hereto, marked
Exhibit "A", "B", "C", and "D" and by reference made a
part hereof.
SECTION 3. These changes in district classification are
conditioned upon the following: OVERALL DEVELOPMENT: (A) the
applicant, successors or assigns shall be responsible for
IRM
complying with all of the stated conditions of approval;
(B) the effective date of the rezoning, except as otherwise
conditioned in the following subsections, shall be (1) when the
applicant provides assurance satisfactory to the Departments of
Water Supply and Planning, upon consultation with the State
Department of Health and the Department of Land and Natural
Resources, that a water source(s) of sufficient quality and
quantity has (have) been established within two years from the
enactment of this ordinance; provided that a maximum one-year
extension may be granted by the Planning Director with
reasonable and sufficient justification; and (2) an agreement,
together with the appropriate bond, surety or other security
deemed acceptable by the Planning Director, is executed between
the applicant and the County through its Departments of Water
Supply and Planning for the actual development of a proven
source and its water transmission and distribution system
within one year from the official date of compliance with
Condition B(1); provided that a one-year extension may be
granted by the Planning Director with reasonable and sufficient
justification; (C) an historic preservation mitigation plan of
each development area shall be prepared and submitted for
approval by the Planning Department, in consultation with the
Department of Land and Natural Resources, prior to submitting
plans for preliminary subdivision or plan approval review of
each development area. The plan shall consist of an
-39-
archaeological data recovery plan and a preservation plan.
Approved mitigation measures shall be implemented prior to or
in conjunction with any land alterations in the respective
development area; (D) should any unidentified sites or remains
such as artifacts, shell, bone, or charcoal deposits, human
burials, rock or coral alignments, pavings or walks be
encountered, work in the immediate area shall cease and the
Planning Department shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taken; (E) to ensure that the Goals and
Policies of the Housing Element of the General Plan are
implemented, the applicant shall work with the Office of
Housing and Community Development and the Planning Department
to formulate a housing plan for the development, which shall be
consistent with the interim affordable housing policy of the
County as contained in the Hawaii County Housing Agency
Resolution No. 65 or subsequently adopted policies. This
housing plan shall be approved by the County Housing Agency
prior to final subdivision approval of any portion of the
residential zoned area (Waimea Town Center Area and the
Rural -Residential Area); provided that the applicant shall
notify the County Housing Agency of any intent to sell, lease,
assign, place in trust, or otherwise voluntarily alter the
ownership interest in the property prior to visible
-40-
commencement of construction on the property; provided further
that the applicant may transfer ownership in the property to an
affiliate or in a manner consistent with prior representations
to the County Housing Agency. In the event the applicant
conveys an ownership, leasehold, or controlling development
interest in any residential area prior to the approval of the
housing plan by the Hawaii County Housing Agency, a pro rata
portion of the affordable housing requirement, based upon unit
density of the land affected by such sale, lease or conveyance,
shall be satisfied by either an in -lieu payment, land, or any
combination thereof by the applicant upon such conveyance of
ownership, leasehold or controlling development interest of the
residential area. The in -lieu payment, land, or any
combination thereof for the residential area shall be based on
a maximum of density for the residential area, as determined by
the applicant with the concurrence of the Planning Director.
The amount and method of satisfying this requirement shall be
determined by the County Housing Agency. Furthermore, full
affordable housing credits shall be given for the 4.7+ acres
presently being set aside by the applicant for the 40-50 unit
elderly housing site as well as any other future land or
residential lots set aside for employees of the applicant who
meet the prevailing income criterion for an affordable home.
Based upon 1991 dollars, the total value of the required
contributions in either land, fee or any combination thereof,
-41-
based upon the 997 residential unit density proposed by the
applicant is $7,275,840; (F) as agreed to by the applicant,
restrictive covenants in the deeds of all the residential lots
shall prohibit the construction of ohana dwelling units. A
copy of the proposed covenant(s) shall be submitted to the
Planning Department for review and approval prior to final
subdivision approval of each residential subdivision. Written
assurance for implementation of this condition, which has met
with the approval of the Planning Department, shall be
submitted to the Planning Department prior to final subdivision
approval of each residential subdivision. A copy of a
typically recorded covenant shall be filed with the Planning
Department within one year from the date of final subdivision
approval of each residential subdivision; (G) the applicant
shall work with the State Department of Education and the
Planning Department to provide its pro rata share for school
facilities. In establishing the applicant's pro rata share,
credit for contributions to public and private schools in the
area shall be given to the applicant, subsequent to the passage
of this bill. The pro rata share determination and its
implementation (i.e. dedication of land, construction of
classrooms or funding) shall be approved by the Planning
Department, in consultation with the Department of Education,
in conjunction with final subdivision approval of any
residential lot subdivision for any area of development; (H)
-42-
the applicant shall provide 30 plus or minus acres of land for
public park and recreational purposes outside of the
geographical area covered by this ordinance. Said area or
areas shall be within a 5 -mile radius of the perimeter boundary
of the commercially zoned area covered by this ordinance. The
applicant shall submit the location of the proposed site or
sites to the County Council, the Planning Department and the
Parks and Recreation Department for its review and information
prior to receipt of tentative subdivision approval of the first
residential increment of this project. Each site shall consist
of a minimum of 10 acres. Said site or sites shall be graded
by the applicant and be available for use prior to receipt of
final subdivision approval of the first residential increment
of this project. The land and any improvements shall be
credited towards satisfying a portion or all of the applicant's
fair share contribution of the recreational assessment or any
portion of the County's assessment relative to fire, police,
solid waste disposal facilities, and roads as noted in
Condition I below; (I) the applicant shall provide its fair
share contribution to address regional impacts of the project
with respect to fire, police, solid waste disposal facilities
and roads. The fair share contribution shall be initially
based on the representations contained in the change of zone
application and may be increased or reduced proportionally if
unit counts or commercial areas are adjusted. Until they are
-43-
satisfied, the fair share contributions described below shall
be adjusted annually based on the percentage change in the
Consumer Price Index (CPI). A pro rata portion of the
contribution, based upon the unit density and commercial area
of the land affected, shall become due and/or payable, at the
discretion of the County, in the event the applicant conveys
full controlling ownership, leasehold, or development interest
in the affected land prior to receiving its initial subdivision
or final plan approval of the affected land. Otherwise, said
contribution shall be satisfied in conjunction with the receipt
of final subdivision or plan approval, as the case may be, of
the affected land. The fair share contribution for each
residential lot or unit shall be based on a maximum density for
each lot as determined by the applicant with the concurrence of
the Planning Director. The fair share contributions in a form
of cash, land, facilities, or any combination thereof shall
have the following value: (a) $470,000 for fire protective
services and $255,000 for police protective services; (b)
$6,034,000 to support state and county road and traffic
improvements within the South Kohala region. Appropriate
credits shall be given for any of the applicant's land
contribution associated with the proposed Waimea By -Pass and
Waimea-Kawaihae Roads; the accelerated construction of the
proposed town center arterial road and related intersectional
improvements; with the exception of any other intersectional
-44-
improvements directly servicing the subject project, any
off-site road and traffic related improvements required in this
ordinance; and (c) $216,000 to support county solid waste
disposal functions; The applicant is encouraged to provide
land for a landfill or solid waste transfer station site as a
means to satisfy this requirement. Any contributions required
by this ordinance that exceed the fair share requirement of
this project shall, at the applicant's request, be credited
towards any of the applicant's future developments that require
infrastructural impact contributions; (J) comply with the
conditions of the State Land Use Commission's Decision and
Order; (K) comply with all other applicable laws, rules,
regulations and requirements; (L) should the council adopt a
Unified Impact Fees ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees,
conditions included herein may, at the developer's election, be
satisfied by performance in accordance with the requirements of
the Unified Impact Fees Ordinance; (M) an annual progress
report shall be submitted to the Planning Department prior to
the anniversary date of the approval of this change of zone.
The report shall address, in detail, the status of the
development of each area (including number of lots created,
number of units constructed, developed and undeveloped
commercial and industrial areas) and the compliance with the
conditions of approval. This condition shall remain in effect
-45-
until all of the conditions of approval have been complied with
and the Planning Department acknowledges that further reports
are not required; (N) an extension of time for the performance
of conditions within each development area set forth in this
ordinance may be granted by the Planning Director upon the
following circumstances: (1) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicant, successors or assigns, and that
are not the result of their fault or negligence; (2) granting
of the time extension would not be contrary to the general plan
or zoning code; (3) granting of the time extension would not be
contrary to the original reasons for the granting of the change
of zone; (4) the time extension granted shall be for a period
not to exceed the period originally granted for performance
(i.e., a condition to be performed within one year may be
extended for up to one additional year); and (5) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action. Further, should any of
the conditions of the respective development areas not be met
or substantially complied with in a timely fashion, the
Director shall initiate rezoning of the applicable area to its
original or more appropriate designation; and (D) The following
specific conditions shall be applied to the individualdistrict
classification changes: (1) WAIMEA TOWN CENTER AREA (a) upon
-46-
compliance with Condition B(1) and (2), the Waimea Town Center
area shall be zoned in two increments. The first increment
shall consist of a maximum of 579 residential units/lots and
the commercial zoned areas. The second increment shall consist
of the remaining number of residential units/lots. The
effective date of zoning for the second increment shall occur
only after there is fiscal assurance that, that section of the
proposed Waimea By -Pass Road through Waimea town will be
constructed; that occupancy of units within the second
increment does not precede the completion of the Waimea By -Pass
Road; and that development has occurred in the first increment
as determined by the Planning Director. "Development" means
that building permits have been issued for dwelling lots/units
and construction has been partially completed to the extent
that roofs have been constructed on a minimum of twenty-five
percent of the number of lots/units proposed for the first
increment. In lieu of actual construction, the applicant may
enter into an agreement with the Planning Department to assure
the County that the dwellings will be constructed by way of a
surety bond, certified check or other security acceptable to
Corporation Counsel and the Planning Department. Upon final
execution of such agreement and filing of the security with the
County, subdivisionplans for the second increment may be
submitted prior to the actual construction of the dwellings in
the first increment; (b) the entire town center arterial road,
-47-
consisting of two lanes within an 80 -foot right-of-way, shall
be constructed in conjunction with the final subdivision
approval of any residential development within the Waimea Town
Center or prior to issuance of a certificate of occupancy for
any portion of the commercial area, whichever comes first. The
town center arterial road shall be constructed to the standards
of the Department of Public Works; provided, however, that
should it be determined by the Department of Public Works that
curbs, gutters and sidewalk improvements are needed, then, said
improvements shall be installed along that portion of the road
within the park and commercial and residential zoned lands at
the time of development of any portion of those zoned lands.
Access points from the residential and commercial zoned areas
onto the town center arterial road shall be approved by the
Department of Public Works. All lots shall gain access from
interior roadways unless otherwise permitted by the Department
of Public Works; (c) intersection improvements, which may
include channelization and traffic signals, shall be provided
at the new town center arterial road-Mamalahoa Highway
intersections (Honokaa side and Kona side) as required by the
Department of Public Works. Their exact locations shall be
determined by the Department of Public Works prior to
preliminary subdivision approval or plan approval of any
portion of development within the first zoning increment.
These improvements shall be installed with the construction of
SIE
the town center arterial road and in conjunction with the final
approval of any residential subdivision or prior to issuance of
a certificate of occupancy for any portion of the commercial
development, whichever comes first; (d) the town center
arterial road shall intersect with Kamamalu Road. Kamamalu
Road and its intersection with the town center arterial road
shall be improved meeting with the requirements of the
Department of Public Works and be constructed simultaneous with
the construction of the town center arterial road and in
conjunction with the final approval of any residential
subdivision or prior to issuance of a certificate of occupancy
for any portion of the commercial development, whichever comes
first; (e) Lindsey Road extension from Mamalahoa Highway to the
town center arterial road shall be constructed meeting with the
requirements of the Department of Public Works. Roadway
improvements from the Lindsey Road-Mamalahoa Highway
intersection shall be installed within the existing
right-of-way meeting with the requirements of the Department of
Public Works. These roadway and intersection improvements
shall be constructed and installed concurrent with the
development of any portion of the commercial center and shall
be completed prior to issuance of a certificate of occupancy
for any portion of the commercial development; (f) Lindsey Road
extension from the town center arterial road to the Waimea
By -Pass Road shall be constructed in conjunction with final
-49-
subdivision approval of any portion of Increment II. The
Lindsey Road extension alignment and improvements (i.e.
channelization, traffic signals) shall be approved by the
Departments of Public Works and Transportation -Highways
Division prior to submitting plans for subdivision of Increment
II; (g) pedestrian improvements shall be installed on the
eastern (Town Center) side of Mamalahoa Highway from Waimea
Elementary School to the town center arterial road-Mamalahoa
Highway intersection meeting with the approval of the
Department of Public Works. These improvements shall be
completed prior to or in conjunction with final subdivision
approval of any residential subdivision; (h) prior to
development of any portion of the Waimea Town Center Area, a
comprehensive drainage study shall be conducted to determine
the type of drainage improvements that would be required given
the area's flooding history, geological composition and the
amount of water to be generated by the proposed commercial and
residential development. The study shall be reviewed and
approved by the Department of Public Works and approved
recommendations implemented as the development proceeds.
Accordingly, a drainage system shall be installed meeting with
the requirements of the Department of Public Works; (i) curb,
gutter and sidewalk improvements shall be required within the
commercial areas as development proceeds. The Department of
Public Works shall determine whether curb, gutter, and sidewalk
-50-
improvements are needed within any or all portions of the
residential areas at the time of plan approval or preliminary
subdivision review of any portion within the first zoning
increment. Should it be determined that said improvements are
requried, then, they shall be provided in conjunction with the
development of the affected area(s); (j) within the commercial
zoned area, a minimum of seven acres shall be set aside for
open space or park purposes. Said open space/park areas shall
be reviewed and approved by the Planning Department and the
Department of Parks and Recreation, prior to submitting plans
for subdivision or plan approval review and duly recorded with
the Bureau of Conveyances as an open space/park easement, or
similar legal encumbrance; (k) a sewage treatment plant shall
be constructed to service the residential and commercial
developments meeting with the approval of the Department of
Health; (1) the applicant shall provide aminimum of 15 acres of
land for park and recreational use, of which the first
residential park site to be developed shall be for active
recreational uses. The park site set aside in Condition TOWN
CENTER (j) may be included in the 15 -acre calculation. The
location of the park site(s), accompanying land area,
configuration, phasing of park site development with
residential uses, and improvements, shall meet with the
approval of the Departments of Parks and Recreation and
Planning prior to submitting plans for subdivision or plan
-51-
approval review. Minimum improvements shall be provided for
each park area prior to Final Subdivision Approval of the
respective residential development. The minimum improvements
shall include, but not be limited to, grading and grassing
which meet with the approval of the Departments of Parks and
Recreation and Planning. Until such time that the parks are
dedicated to and accepted by the County, there shall be
adequate assurance, as determined by the Corporation Counsel,
for the maintenance of the private park by recorded covenant
running with the land which shall include the following:
(i) obligate the subdividers, purchasers, occupants, or
association in the subdivision to maintain the private park in
perpetuity; and (ii) empower the County, through the Department
of Parks and Recreation, to enforce the covenants to maintain
the private park, authorizing the performance of maintenance
work by the County in the event of failure by the
subdividers,purchasers, occupants, or association in the
subdivision to perform such work and permit the subjecting of
the land and properties in the subdivision to a lien until the
cost of the work performed by the County has been reimbursed;
(m) as represented by the applicant, an equestrian trail shall
be provided in conjunction with final subdivision approval or
prior to issuance of a certificate of occupancy for any portion
of the Waimea Town Center area residential or commercial
development, respectively. An equestrian trail plan, which
-52-
includes the trail alignment, physical improvements,
connections, signage and maintenance, shall be approved by the
Planning Department, in consultation with appropriate agencies,
prior to submittal of any plans for subdivision or plan
approval within the Waimea Town Center area; (2)
RURAL -RESIDENTIAL AREA - (a) subdivision plans, including a
landscape plan which addresses the scenic vistas and open space
character, for an area consisting of no more than 100
contiguous acres or no more than 75 lots shall be submitted
within one year from the effective date of the change of zone
as determined by Condition OVERALL DEVELOPMENT B and tentative
subdivision approval shall be secured within one year
thereafter. Final subdivision approval shall be secured within
two years from the date of submitting final subdivision plans;
(b) subdivision plans shall be submitted for the remaining area
after development has occurred in the first increment as
determined by the Planning Director. "Development" means that
building permits have been issued for dwelling units and
construction has been partially completed to the extent that
roofs have been constructed on a minimum of twenty-five percent
of the number of lots proposed for the first increment. In
lieu of actual construction, the applicant may enter into an
agreement with the Planning Department to assure the County
that the dwellings will be constructed by a surety bond,
certified check or other security acceptable to Corporation
-53-
Counsel and Planning Department. Upon final execution of such
agreement and filing of the security with the County,
subdivision plans for the second increment may be submitted;
(c) it shall be demonstrated to the satisfaction of the
Planning Department that agricultural activity is being
conducted on the subdivided agricultural zoned lots within
three years from the date of final subdivision approvals of the
respective increments. For the purpose of this condition,
"agriculture" shall be defined as the cultivation of crops,
including but not limited to flowers, vegetables, foliage,
fruits, forage and timber; game propagation; raising of
livestock, including but not limited to poultry, bees, fish or
other animal or aquatic life that are propagated for economic
or personal use. This condition shall be incorporated in each
of the deeds for the proposed agricultural zoned lots and duly
recorded with the State Bureau of Conveyances. A copy of the
recorded deeds shall be filed with the Planning Department
within one year from the date of final subdivision approval of
the agricultural zoned lots; (d) as agreed to by the applicant,
restrictive covenants in the deeds of all the residential and
agricultural lots shall prohibit the construction of ohana
dwelling units. A copy of the proposed covenant(s) shall be
submitted to the Planning Department for review and approval
prior to final subdivision approval of each residential or
agricultural subdivision. written assurance for implementation
-54-
of this condition, which has met with the approval of the
Planning Department, shall be submitted to the Planning
Department prior to final subdivision approval of each
residential or agricultural subdivision. A copy of a typically
recorded covenant shall be filed with the Planning Department
within one year from the date of final subdivision approval of
each residential or agricultural subdivision; (e) no access
shall be permitted onto the Kohala Mountain Road; (f) access on
to the Waimea-Kawaihae Road shall be approved by the State
Department of Transportation -Highways Division. Intersection
improvements, including channelization, shall be installed in
conjunction with final subdivision approval of the initial
subdivision within the project site; (g) a drainage system
shall be installed in accordance with the requirements of the
Department of Public Works. The drainage system shall be
constructed and maintained such that post -development
conditions downstream of the project area are "better or
no -worse" than pre -development conditions. A drainage study
meeting with the requirements of the Department of Public Works
shall be prepared for the purpose of determining the necessary
on-site drainage improvements for the development; (h) as
represented by the applicant, an equestrian trail shall be
provided in conjunction with final subdivision approval of any
portion of the development. An equestrian trail plan, which
includes the trail alignment, physical improvements,
-55-
connections, signage and maintenance, shall be approved by the
Planning Department, in consultation with appropriate agencies,
prior to submittal of any plans for subdivision of the
Rural -Residential Area; and (i) the existing stand of trees
located within the subject properties and immediately makai of
the Kohala Mountain Road shall be incorporated into the design
and development of the proposed subdivision; (3) INDUSTRIAL
PARK AREA - (a) Upon compliance with Conditions of OVERALL
DEVELOPMENT B(1) and (2), subdivision plans for the industrial
park or portions thereof, shall be submitted to the Planning
Department within one year from the effective date of the
rezoning as determined in Condition B and tentative subdivision
approval shall be secured within one year thereafter. Final
subdivision approval shall be secured within two years from the
date of submitting final subdivision plans; (b) access onto
Mamalahoa Highway shall meet with the approval of the
Department of Public Works and the Department of
Transportation -Highways Division. Intersection improvements
(i.e., channelization) at Mamalahoa Highway and the industrial
park access road, as required by the Department of Public
Works, shall be completed in conjunction with final subdivision
approval of any portion of the industrial development; (c) a
drainage system shall be installed in accordance with the
requirements of the Department of Public Works; (d) a master
landscaping plan for the industrial park area shall be
-56-
submitted for review and approval by the Planning Department
prior to submitting plans for the subdivision. The master
landscaping plan shall provide methods of landscaping (i) those
areas that would be visible from areas of travel (Mamalahoa
Highway) or would impact existing or future adjacent uses and
(ii) interior lots within the development. Certain landscape
buffers identified in Condition D(i) herein shall be
established (planted) in conjunction with final subdivision
approval of any portion of the industrial development. The
guidelines set forth in the master landscaping plan for
interior lots, shall be included in the covenants for each
lot. During plan approval review of individual lot
development, the guidelines shall be utilized to minimize
adverse noise and visual impacts; and (e) the method of sewage
disposal shall meet with the approval of the appropriate
governmental agencies.
SECTION 4. In the event that any portion of the
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
-57-
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, • NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: April 01, 1992
Date of 1st Reading: April 01, 1992
Date of 2nd Reading: June 3, 1992
Effective Date: June 15, 1992
APPROVED AS TO FORM AND LEGALITY:
Deput orporation Counsel
IRM
Introduced By:
Date Introduced:
First Reading:
Published:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
Takashi Domingo
April -01,, 1992
April 01, 1992
REMARKS:
Bill referred back to PC - 04/01/92
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
June 3, 1992
June 4, 1992
June 16, 1992
June 15, 1992
June 22, 1992
mo-mamilelm
('DRAFT 2) ROLL CALL VOTE
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above.
A ROVED to
LiTy
A
CO P, RATION COUNSEL
COUNTY OF HAWAII
,")UN () 9 11199Z
L-.
Dcite
Approve is 44-�day
Of 19
C: 0
MAYOR, COUNTY OF HAWAII
POUN T 3Y C L KO!�
Bill No.:
575 (Draft 2)
Reference:
C-3354/PC-282
Ord. No.:
— 92 65�'
•oak low
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated above.
A ROVED to
LiTy
A
CO P, RATION COUNSEL
COUNTY OF HAWAII
,")UN () 9 11199Z
L-.
Dcite
Approve is 44-�day
Of 19
C: 0
MAYOR, COUNTY OF HAWAII
POUN T 3Y C L KO!�
Bill No.:
575 (Draft 2)
Reference:
C-3354/PC-282
Ord. No.:
— 92 65�'
JOHN A. WAGNER
County Clerk
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
ROBERTS. SHIOjI
Deputy County Clerk
HARRYA.TAKAHASHI
Legislative Auditor
On Bill No. 575. Draft 2. Ordinance No. 92-65 , reference
is made to maps attached hereto, marked Exhibits " A ", "B",
and _ ""
Said Exhibits are not part of the duplicate copies of this
ordinance, due to its size, but is available for viewing in the
Office of the County Clerk.
If further information is needed, call 961-8255.
✓( t �
John A. Wagner
COUNTY CLERK
Waimea Civic Center
Gov. ec. Ord. PG.3P
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P / BELT COLUNS 4 ASSOCIATES
NOTES G50 Ala Moana Boulevard Sui'fe*c00
1. Coordinates referred -to "WA/MEA EAST BASE" o Tax Map Keys: a -7 -Of : por- aS; 0-7-02: D and porn. 15 � 17 Honolulu, Hawaii wai-a
z?. Compiled and calculated from available data.
OCT. is, IDS) I
Parcel 5 revised September 24, IDDI
Parcel 3 revised July 23, 1990
December/ /Vas
Job No. 833-0301 (RICHARD 5M^RT R=VOCA6LE P>✓R50NAL TRUST)
Job- Nb- 833-030P-
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C (U;/y Tax Map I'Cey
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680 Ala Moana boulevard, *-200
Honolulu, Hawaii
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This work was prepared by me
or under my supervision
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Job No. 833-0303
SMART' IeCVUGAr3l.0 �C�Snh{p�L 'i"I�113T)
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NOTES: r6ELT COLLINS � ASSOCIATES
referred to "IA/,4/A/?C-A EAST BASE" LD GSC Ala /3/vor.
F-, Compiler' cw-)d ca/cula-fec/ from &vai/&,6/6 data. X �-,, 1 11�3 1 T MARCH I, )S>e�i
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ZONIAVG CHANCE
At -vvaif<,ofoa, WC-)/*Meai '50ull-h Koha/a, Hawaii
Tax. Map Key 7-O!: p or- E5
NOTES: r6ELT COLLINS � ASSOCIATES
referred to "IA/,4/A/?C-A EAST BASE" LD GSC Ala /3/vor.
F-, Compiler' cw-)d ca/cula-fec/ from &vai/&,6/6 data. X �-,, 1 11�3 1 T MARCH I, )S>e�i
July 23,-I!DDo mom
:3. -RT REVOCABLF, PERSONAL TRUST
RIGW�D SMART 8-5 "X 13