HomeMy WebLinkAboutORD 1994-063 1992-1994COUNTY OF HAWAII,_„ STATE OF HAWAII
BILL NO. 239
(Draft 4)
ORDINANCE NO. 94 63
AN ORDINANCE AMENDING SECTION 25-96 (HAMAKUA DISTRICT ZONE MAP)
AND SECTION 25-98 (HAINA-HONOKAA-KUKUIHAELE ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO RESORT-HOTEL (V-43) AND FROM
AGRICULTURAL (A-40a) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND
(RS-15), RESORT-HOTEL (V-18) AND (V-43) AND AGRICULTURAL (A-la)
AT WAIKOEKOE AND KANAHONUA, HAMAKUA, HAWAII, COVERED BY TAX MAP
KEY 4-8-06:13, 43 AND PORTIONS OF 9, 11 AND 44.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-96, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-18):
LOT 1:
Beginning at the Southeasterly corner of this parcel of
land along the Westerly side of L.C. Award 8559-B, Apana 2
to William C. Lunalilo, the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "PUU MAW NORTH" being 8,523.84 feet North and
1,440.08 feet East, thence running by azimuths measured
clockwise from True South:
1. 90° 30' 00" 1,167.96 feet along the remainder
of L.C. Award 11216,
Apana 50 to Kekauonohi to
the top of the pali;
2. Along the top of the pali the direct azimuth and
distance being:
220° 03' 00" 259.91 feet;
3. Along the top of the pali the direct azimuth and
distance being:
217° 20' 00" 442.46 feet;
4. Along the top of the pali the direct azimuth and
distance being:
231° 21' 00" 364.12 feet;
5. 279° 58' 00" 62.77 feet along the remainder
of L.C. Award 11216,
Apana 50;
6. 269° 57' 00" 185.06 feet along the same;
7. 247° 03' 00" 191.95 feet along the same;
8. 236° 36' 00" 38.29 feet along the same to the
Westerly side of L.C.
Award 8559-B, Apana 2;
9. 0° 30' 00" 873.63 feet along the Westerly
side of L.C. Award 8559-B,
Apana 2 to the point of
beginning and containing
an area of 15.000 acres.
(Refer to Lot 1 as shown
on Exhibit "A".)
The di strict classification of the following area
situ ated at Waikoekoe, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 2a:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Lot A along the
Southerly side of the Old Government Main Road to Waipio,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAUU NORTH"
being 7,272.24 feet North and 1,429.16 feet East, thence
running by azimuths measured clockwise from True South:
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1. 264° 40' 00" 121.66 feet along the Southerly side
of the Old government Road to
Waipio;
2. 278° 03' 00" 117.88 feet along the same to the
middle of the stream;
3. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
12° 11' 00" 400.00 feet;
4. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
1° 16' 00" 283.67 feet;
5. Along the middle of the stream in all its windings the
direct azimuth and distance
being:
6. 88° 34' 30"
7. 358° 34' 30"
8. 88° 34' 30"
9. 88° 34' 30"
10. 88° 34' 30"
11. 88° 34' 30"
12. 88° 34' 30"
331° 25' 00" 179.78 feet
to the Northerly side of
Honokaa-Waipio Road;
66.45 feet along the Northerly
side of Honokaa-Waipio Road;
20.00 feet along the Northerly
side of Honokaa-Waipio Road;
105.00 feet along the Northerly
side of Honokaa-Waipio Road;
45.00 feet along the Northerly
side of Honokaa-Waipio Road;
15.00 feet along the Northerly
side of Honokaa-Waipio Road;
45.00 feet along the Northerly
side of Honokaa-Waipio Road;
147.12 feet along the Northerly
side of Honokaa-Waipio Road
to the Easterly side of
L.C. Award 11219, Apana 50
to Kekauonohi;
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13. 197° 30' 00" 230.76 feet along the Easterly
side of L.C. Award 11216,
Apana 50 and Lot A;
14. 193° 00' 00" 530.00 feet along the Easterly
side of Lot A;
15. 180° 30' 00" 131.70 feet along the same to the
point of beginning and
containing an area of
236,067 square feet.
(Refer to Lot 2a as shown
on Exhibit "A".)
The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 2b:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Parcel 2a along the
Southerly side of the Old Government Main Road to Waipio
in the middle of the stream, the coordinates of said point
of beginning referred to Government Survey Triangulation
Station "PW MAW NORTH" being 7,267.04 feet North and
1,667.02 feet East, thence running by azimuths measured
clockwise from True South:
1. 278° 03' 00" 130.13 feet along the Southerly
side of the Old Government
Road to Waipio;
2. 292° 48' 00" 66.28 feet along the same to the
Westerly side of L.C.
Award 7877, Apana 2 to
Kaheenalu;
3. 5° 00' 00" 778.36 feet along the Westerly
side of L.C. Award 7877,
Apana 2 to Kaheenalu and
the remainder of L.C.
Award 8559-B, Apana 2 to
William C. Lunalilo to the
Northerly side of the
Honokaa-Waipio Road;
-4 -
4. 88° 34' 30"
5. 358° 34' 30"
6.
7.
8.
9.
10.
88° 34' 30"
23.52 feet along the Northerly
side of Honokaa-Waipio
Road;
40.00 feet along the Northerly
side of Honokaa-Waipio
Road;
35.00 feet along the Northerly
side of Honokaa-Waipio
Road;
88° 34' 30" 35.00 feet along the Northerly
side of Honokaa-Waipio
Road;
178° 34' 30" 30.00 feet along the Northerly
side of Honokaa-Waipio
Road;
88° 34' 30" 33.55 feet along the Northerly
side of Honokaa-Waipio
Road to the middle of the
stream;
Along the middle of the stream in all its windings the
direct azimuth and
distance being:
151° 25' 00" 179.78 feet;
11. Along the middle of the stream in all its windings the
direct azimuth and
distance being:
181° 16' 00" 283.67 feet;
12. Along the middle of the stream in all its windings the
direct azimuth and
distance being:
192° 11' 00" 400.00
feet to the point of
beginning and containing
an area of 162,883 square
feet. (Refer to Lot 2b as
shown on Exhibit "A".)
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The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 4:
Beginning at the Southeasterly corner of this parcel of
land along the Northerly side of the Honokaa-Waipio Road
being along the Westerly side of Land Commission
Award 8559-B, Apana 2 to William C. Lunalilo, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU MAW NORTH"
being 6,404.05 feet North and 1,239.40 feet East, thence
running by azimuths measured clockwise from True South:
1. 88° 34' 30"
2. 178° 34' 30"
3. 88° 34' 30"
4. 358° 34' 30"
5. 88° 34' 30"
6. 88° 34' 30"
7. 88° 34' 30"
8. 178° 34' 30"
142.89 feet along the Northerly
side of Honokaa-Waipio
Road;
10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
450.00 feet along the Northerly
side of Honokaa-Waipio
Road;
10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
15.00 feet along the Northerly
side of Honokaa-Waipio
Road;
60.00 feet along the Northerly
side of Honokaa-Waipio
Road;
175.00 feet along the Northerly
side of Honokaa-Waipio
Road;
10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
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9. 88° 34' 30" 32.82 feet along the Northerly
side of Honokaa-Waipio
Road;
10. 191° 23' 00" 211.57 feet along the remainder
of L.C. Award 11216,
Apana 50 to the Westerly
corner of Lot A;
11. 279° 43' 30" 875.84 feet along the Southerly
side of Lot A to its
Southeasterly corner along
the Westerly of L.C. Award
8559-H, Apana 2 to
William C. Lunalilo;
12. 17° 30' 00" 129.48 feet along the Westerly
side of L.C. Award 8559-B,
Apana 2 to William C.
Lunalilo to the point of
beginning and containing
an area of 3.338 acres.
(Refer to Lot 4 as shown
on Exhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Agricultural (A-la):
LOT 5:
Beginning at the Southwesterly corner of this parcel of
land along the Northerly side of Honokaa-Waipio Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 6,359.76 feet North and 541.14 feet West, thence
running by azimuths measure clockwise from True South:
1. 182° 30' 00" 160.00 feet along the Easterly
side of the Honokaa-Waipio
Road;
2. 92° 30' 00" 13.61 feet along the Northerly
side of the Honokaa-Waipio
Road;
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3. 187° 05' 00" 7.94 feet along the Easterly
side of Mud Land to the
Westerly corner of
Executive Order 676;
4. 277° 05' 00" 268.06 feet along the Southerly
side of Executive
Order 676;
5. 187° 05' 00" 325.00 feet along the Easterly
side of Executive
Order 676;
6. 97° 05' 00" 268.06 feet along the Northerly
side of Executive
Order 676 to the Easterly
side of Mud Lane;
7. 189° 35' 00"
8. 258° 51' 30"
9. 3° 30' 00"
10. 273° 30' 00"
11. 7° 05' 00"
12. 279° 40' 00"
333.43 feet along the Easterly
side of Mud Lane to the
Southerly side of the Old
Government Road to Waipio;
547.80 feet along the Southerly
side of the Old Government
Main Road to Waipio to the
Northwesterly. corner of
the West Hamakua Church
lot;
142.28 feet along the Westerly
side of the west Hamakua
Church lot;
210.73 feet along the Southerly
side of the West Hamakua
Church lot to the
Southwesterly corner of
Lot B;
50.05 feet along the remainder
of L.C. Award 11216,
Agana 50;
216.31 feet along the remainder
of L.C. Award 11216,
Agana 50 to the Westerly
side of Lot A;
-8-
13
14
15
16.
17
18
19
20
11° 23' 00° 665.18 feet along the Westerly
side of Lot A and
remainder of L.C.
Award 11216, Apana 50 to
the Northerly side of
Honokaa-Waipio Road;
gg° 34' 30" 167.18 feet along the Northerly
side of Honokaa-Waipio
Road;
358° 34' 30" 10.00 feet along the Northerly
side of Honokaa-Waipio
Road;
gg° 34' 30" 65.00 feet along the Northerly
side of Honokaa-Waipio
Road;
gg° 34' 30° 60.00 feet along the Northerly
side of Honokaa-Waipio
Road;
gg° 34' 30" 40.00 feet along the Northerly
side of Honokaa-Waipio
Road;
gg° 34' 30" 60.00 feet along the Northerly
side of Honokaa-Waipio
Road;
513.20 feet along the Northerly
88° 34' 30" side of Honokaa-Waipio
Road to the point of
beginning and containing
an area of 15.431 Acres.
(Refer to Lot 5 as shown
on Exhibit "A"•)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Agricultural (A-la):
LOT 6:
Beginning at the Southeasterly corner of this parcel of
land being the Southwesterly corner of Lot 1 of the
subdivision by Hawaii Housing Authority along the
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Northerly side of the Old GovernmentinningR~efer~edatoio,
the coordinates of said point of beg
Government Survey Triangulation Station "PW MAW NORTH"
being 7,259.59 feet North and 250.94 feet West, thence
running by azimuths measured clockwise from True South:
1. 78° 51' 30" 217.70 feet along the Northerly
side of the Old Government
Road to Waipio to the
Easterly side of L.C.
Award 4111 to N. Keau;
2. 191° 55' 00" 261.91 feet along the Easterly
side of L.C. Award 9111;
3. 101° 32' 30° 132.07 feet along the Northerly
side of L.C. Award 4111 to
the easterly side of
Grant 3354;
4. 175° 05' 00" 364.30 feet along the Easterly
side of Grant 3354 to the
Southerly corner of
Grant 932, Apana 2;
5, 1g3° 00' 00" 275.47 feet along the Easterly
side of the Grant 9of~the
Apana 2 to the top
pali;
6. Along the top of the pali the direct azimuth and
distance being:
230° 25' 00" 283.80 feet;
7. Along the top of the pali the direct azimuth and
distance being:
254° 07' 00" 237.99 feet
to the Northerly corner of
Lot 1 along the Westerly
side of L.C. Award 7131 to
Kaai;
8, 354° 30' 26" 348.35 feet along the Westerly
side of Lot 1 along the
Westerly side of L.C.
Award 7131;
-10-
9. 270° 00' 00" 244.26 feet along the Southerly
side of Lot 1 along the
remainder of L.C.
Award 7131;
10. 175° 00' 00" 439.18 feet along the Easterly
side of Lot 1 along the
remainder of L.C.
Award 7131 to the top of
the pali;
11. Along the top to the pali the direct azimuth and
distance being:
238° 00' 30" 109.26 feet
to the Westerly corner of
Parcel 1;
12. 270° 30' 00" 1,167.96 feet along the Southerly
side of Parcel 1 along the
remainder of L.C.
Award 11216, Apana 50 to
the Westerly side of L.C.
Award 8559-B, Apana 2;
13. 0° 30' 00" 585.72 feet along the Westerly
side of L.C. Award 8559-B,
Apana 2 to the
Northeasterly corner of
the Catholic Church
Cemetery;
14. 85° 00' 00" 190.50 feet along the Northerly
side of the Catholic
Church Cemetery;
15. 4° 00' 00" 267.36 feet along the Westerly
side of the Catholic
Church Cemetery;
16. 90° 41' 00" 933.15 feet along the Northerly
side of the State Park and
Lot 5 and the remainder of
Land Commission
Award 11216, Apana 50;
17. 6° 59' 00" 109.84 feet along the remainder
of L.C. Award 11216,
Apana 50;
-11-
18. 95° 35' 00" 181.69 feet along the remainder
of L.C. Award 11216,
Apana 50;
19. 76° 19' 30" 392'46 ofeL.ClOAwarde11216inder
Apana 50;
20. 352° 02' 00" 224.40 feet along the remainder
of L.C. Award 11216,
Apana 50 to the point of
beginning and containing
an area of 36.338 acres.
(Refer to Lot 6 as shown
on Exhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be Single
Family Residential (RS-15):
LOT 7:
Beginning at the Southwesterly corner of this parcel of
land being the Northwesterly corner of Lot 1 of the
subdivision by the Hawaii Housing Authority, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,432.06 feet North and 275.08 feet West, thence
running by azimuths measured clockwise from True South:
1 172° 02' 00" 50.25 feet along the remainder
i
. on
of Land Commiss
Award 11216, Apana 50;
2. 256° 19' 30" 392.96 feet along the same;
3, 275° 35' 00" 181.69 feet along the same;
4. 186° 59' 00° 109.84 feet along the same;
5 270° 41' 00" 50.30 feet along the same to the
. Northwesterly corner of
Lot 5;
6° 59' 00" 164.15 feet along the Westerly
6. side of Lot 5 to the
Northerly side of Lot 4;
-12-
7. 95° 35' 00" 222.00 feet along the Northerly
side of Lots 1, 2 and 4 to
the Northeasterly corner
of Lot 6;
8. 76° 19' 30" 388.97 feet along the Northerly
side of Lots 1 through 6
to the point of beginning
and containing an area of
36,478 square feet.
(Refer to Lot 7 as shown
on Exhibit "A".)
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be Single
Family Residential (RS-15):
LOT 8:
Beginning at the Northwesterly corner of this parcel of
land being the Southwesterly corner of Lot B being also
the Southeasterly corner of the West Hamakua Church lot,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,130.36 feet North and 287.93 feet West, thence
running by azimuths measured clockwise from True South:
1. 279° 40' 00" 220.06 feet along the Southerly
side of Lot B to the
Westerly side of Lot A;
2. 11° 23' 00" 50.02 feet along the Westerly
side of Lot A;
3. 99° 40' 00" 216.31 feet along the remainder
of L.C. Award 11216,
Apana 50;
4. 187° OS' 00" 50.05 feet along the same to the
point of beginning and
containing an area of
10,909 square feet.
(Refer to Lot 8 as shown
on Exhibit "A".)
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The district classification of the following area
situated at Waikoekoe, Hamakua, Hawaii, shall be Single
Family Residential (RS-7.5):
LOT 9:
Beginning at the Northerly corner of this parcel of land
along the Southerly side of the Old Government Road to
Waipio, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PW
MAW NORTH being 7,023.90 feet North and 2,330.88 feet
East, thence running by azimuths measured clockwise from
True South:
1. 292° 48' 00"
2. 293° 45' 00"
3. 23° 23' 00"
4. 293° 45' 00"
5. 296° 16' 00"
6. 293° 23' 00"
31.56 feet along the Southerly
side of the Old Government
Road to Waipio;
67.33 feet along the same to the
Northerly corner of
Lot 16, Tiger Camp
Subdivision;
125.20 feet
side
65.00 feet
side
513.00 feet
side
360.00 feet
side
along the Westerly
of Lot 16;
along the Southerly
of Lot 16;
along the Southerly
of Lots 8 through 16;
along the Southerly
of Lots 2 through 7;
7. 23° 23' 00" 37.55 feet along the Westerly
side of Lot 1-A to the
Northerly side of
Honokaa-Waipio Road;
8. Along the Northerly side of Honokaa-Waipio Road on a
curve to the left with a
radius of 2,638.77 feet,
the cord azimuth and
distance being:
90° 07' S8" 143.47 feet;
-14-
9. 88° 34' 30" 156.13 feet along the Northerly
side of Honokaa-Waipio
Road;
10. 111° 46' 00" 224.38 feet along the remainder
of L.C. Aw. 8559-B,
Apana 2 to William C.
Lunalilo;
11. 122° 15' 00" 123.32 feet along the same;
12. 131° 38' 00" 266.06 feet along the same;
13. 126° 18' 00" 66.68 feet along the same;
14. 172° 30' 00" 99.93 feet along the same;
15. 180° 30' 00" 129.00 feet along the same to the
point of beginning and
containing an area of
131,523 square feet.
(Ref.er to Lot 9 as shown
on Exhibit "A".)
SECTION 2. Section 25-98, Arti cle 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classi fication of property described hereinafter as
follows:
The district classification of the following area
situated at Kanahonua, Hamakua, Hawaii, shall be
Resort-Hotel (V-43):
LOT 3:
Beginning at the Northwesterly corner of this parcel of
land being the Northeasterly corner of Lot B along the
Southerly side of the Old Government Main Road to Waipio,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW MAW NORTH"
being 7,256.65 feet North and 538.48 feet East, thence
running by azimuths measured clockwise from True South:
1. 269° 56' 00" 732.83 feet along the Southerly
side of the Old Government
Road to Waipio;
-15-
2. 264° 40' 00"
3. 0° 30' 00"
158.54 feet along the same to the
Westerly side of L.C.
Award 8559-B, Apana 2 to
William C. Lunalilo;
131.70 feet along the Westerly
side of L.C. Award 8559-B,
Apana 2 to William C.
Lunalilo;
4. 13° 00' 00" 530.00 feet along the same;
5. 17° 30' 00" 101.28 feet along the same;
6. 94° 43' 30" 875.84 feet along the remainder
of L.C. Award 11216,
Apana 50;
7. 191° 23' 00" 503.63 feet along the same to the
Southeasterly corner of
Lot B;
8. 191° 38' 00" 166.66 feet along the Easterly
side of Lot B to the point
of beginning a nd
containing an area of
14.427 acres. (Refer to
Lot 3 as shown on
Exhibit "A".)
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 3. These changes in district classification are
conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of approval;
(B) No more than thirty-eight (38) one-acre lots shall be
developed on the A-la zoned area and no more than
twenty-one (21) units shall be developed on the V-43 zoned
area;
(C) To ensure that the rural lifestye of the Kukuihaele
community is maintained, restrictive covenants in the deeds
of all the proposed agricultural lots within the project
-16-
area shall inform owners that possible odor, noise, and
other impacts may result from existing activities on
surrounding or nearby lands;
(D) On-site water system improvements, meeting with the
requirements of the Department of Water Supply shall be
installed prior to final subdivision approval. Off-site
water improvements shall be completed within eighteen (18)
months of the effective date of this ordinance. An
agreement shall be entered into between the applicant and
the County, through its Departments of Water Supply and
Planning within three months from the effective date of
this ordinance;
(E) The agricultural and residential-resort lots subdivision,
the consolidation and resubdivision of the adjoining
residential lots, the resort and improvements to the
Plantation Inn located within the V-43 zoned area, shall be
constructed within five years from the effective date of
this change of zone ordinance;
(F) The Amanhideaway located within the V-18 zoned area, shall
be constructed in such a way that it is not visible from
the Waipio Valley Beach and from the existing Waipio Valley
Lookout Parking Lot. Landscaping shall be provided for the
Amanhideaway, the Plantation Inn and the residential resort
units to maximize visual intrusion from any public road and
from adjacent properties;
(G) Safety improvements (i.e., signage, softening of the
curves, and pedestrian paths) to the existing Kukuihaele
Road (Old Highway 240) through the village shall be
constructed. Plans for the improvements shall be submitted
for the approval of the Department of Public Works.
Construction of the improvements shall be completed prior
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to issuance of any certificate of occupancy or final
subdivision approval whichever comes first;
(H) Plans for the renovation of the plantation manager's house
shall be submitted to the Department of Land and Natural
Resources, Historic Preservation Division, for review and
approval in accordance with Section 6E-10, Hawaii Revised
Statutes, prior to commencement of any construction,
alteration or other improvement to the plantation manager's
house;
(I) A detailed historic sites mitigation plan for the treatment
of all significant historic sites in the project area,
except for the plantation manager's house shall be
submitted to the State Historic Preservation Division for
review and approval. The plan shall consist of two sub
plans:
(1) an archaeological data recovery plan (scope of work)
for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim
preservation measures, and long range preservation
concerns.
Verification of the approval of the plan by the State
Historic Preservation Division shall be submitted with the
plans for subdivision or grading permit. No land
alteration may occur within any area identified as
containing an archaeological site until the terms and
conditions of the preservation plan have been met;
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(J) 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;
(K) To ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the applicant,
successors, or assigns shall:
(1) work with the Office of Housing and Community
Development 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.
If the Office of Housing and Community Development
determines that affordable housing units are required
for the development, any housing plan developed
pursuant to this condition shall be approved by the
County Housing Agency prior to the issuance of Final
Subdivision or Plan Approval of any portion of the
subject properties.
(2) The applicant, successors or assigns shall construct
ten (10) units of employee housing within the project
area as part of the housing plan for the development.
The employee housing shall be constructed within five
years from the effective date of this change of zone
ordinance;
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(L) Restrictive covenants in the deeds of all the proposed
agricultural lots shall prohibit the construction of an
ohana dwelling or a second dwelling unit on each lot. A
copy of the proposed covenant(s) to be recorded with the
Bureau of Conveyances shall be submitted to the Planning
Department for review and approval prior to final
subdivision approval. A copy of the approved covenant
shall be recited in an instrument executed by the applicant
and the county and recorded with the Bureau of Conveyances
likewise prior to final subdivision approval;
(M) It shall be demonstrated to the satisfaction of the
Planning Director that agricultural use on the agricultural
zoned lots pursuant to the requirements of Chapter 205,
Hawaii Revised Statutes relating to agricultural lands has
been met and the deeds of each agricultural zoned lot
stating such requirements shall be duly recorded with the
State Bureau of Conveyances and a copy of the recorded
deeds shall be filed with the Planning Department within
one year from the date of Final Subdivision Approval.
Documentation or demonstration of compliance shall be
submitted to the Planning Department concurrently with the
plans for a building permit for each lot;
(N) A comprehensive drainage study shall be conducted to
determine the type of drainage improvements that would be
required given the topography of the area, the existing
drainage system, and the amount of water generated by all
portions of the proposed development. The study shall be
reviewed and approved by the Department of Public Works.
Drainage improvements shall be constructed meeting with the
requirements of the Department of Public Works prior to the
issuance of final subdivision approval of the subject
properties;
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(O) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to final subdivision approval. The Plan shall include, but
not be limited to, the management of construction solid
waste as well as operating and domestic solid waste
generated by the subject properties, and provisions for the
construction of a proposed solid waste transfer station to
be approved by the Department of Public Works. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the
approval of the Department of Public Works. In lieu of
providing a solid waste transfer station, the applicant may
contribute a monetary fee for its proportionate share of
its solid waste assessment;
(P) to ensure that the Goals and Policies of the Recreation
Element of the General Plan are implemented, the applicant
shall:
(1) provide in perpetuity for approximately 11.5 acres of
land, TMK: 4-8-06:3 and Portion 44, which includes the
social hall site, the field adjacent to it and lands
extending behind Tiger Camp which shall be dedicated
to the County of Hawaii upon its request. Until such
time that the land is dedicated to and accepted by the
County, there shall be adequate assurance, as
determined by the Planning Director and the
Corporation Counsel, by a recorded covenant running
with the land, to obligate the applicant to maintain
and accept all liability for the said lands in
perpetuity;
(2) construct improvements having the cash value of one
hundred seventy-five thousand dollars ($175,000) and
an additional cash value of two hundred thousand
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dollars ($200,000) in lieu of affordable housing funds
as determined by the County Housing Agency prior to
Final Subdivision Approval, to be used for the social
hall facilities and park improvements in the
Kukuihaele area. Detailed recreation plans for the
improvements shall be developed in consultation with
the Department of Parks and Recreation and the
Kukuihaele community. The plan and an implementation
schedule for construction of the improvements shall be
submitted and approved by the Planning Department in
consultation with the Department of Parks and
Recreation prior to Final Subdivision Approval or
Final Plan Approval for any portion of the subject
properties;
(3) improve and maintain the existing county park on the
makai side of Kukuihaele Village prior to Final
Subdivision Approval or Final Plan Approval, whichever
occurs first. Improvements to the 3.97 acre county
park, TMK: 4-8-06:10, may include fencing, lighting,
resurfacing of the existing basketball court, and
providing additional playground equipment. Detailed
recreation plans for the improvements and park
maintenance program shall be developed in consultation
with the Department of Parks and Recreation and with
the Kukuihaele community. The plan, an implementation
schedule for construction of the improvements, and the
maintenance program shall be submitted and approved by
the Planning Department in consultation with the
Department of Parks and Recreation prior to Final
Subdivision Approval;
(Q) A job training program for the operating phase of the hotel
shall be developed and submitted to the Planning Department
for review and approval within three (3) months of the
_22_
effective date of this change of zone ordinance.
Preference shall be given to the displaced workers from
Hamakua Sugar and the Kukuihaele area in the job training
program and employment opportunities;
(R) Prior to the issuance of the certificate of occupancy for
any portion of the subject properties, the applicant shall:
(1) construct a new primary access to the project site
(Plantation Inn, Residential-resort, Amanhideaway, and
the agricultural lot subdivision), from the State
Highway on the west side of Waikoekoe stream to
Kukuihaele Town Road meeting with the approval of the
Department of Public Works.
(2) construct improvements to the intersection of the
State Highway and the new primary access, meeting with
the approval of the Department of Transportation and
construct improvements to the intersection of the
Kukuihaele Town Road and the new primary access,
meeting with the approval of the Department of Public
Works.
(3) improve portions of the Kukuihaele Town Road (old
Waipio-HOnokaa Road) fronting the subject properties
and leading to the proposed development meeting with
the minimum standards and approval with the Department
of Public Works for two-way movement of traffic;
(4) improve portions of the Mud Lane Road between the
State Highway and the Kukuihaele Town Road, meeting
with the approval of the Department of Public Works;
and
-23-
(5) Pave the access of the Catholic Church cemetery from
the Kukuihaele Town Road to its existing right-of-way
width.
An internal traffic circulation plan shall be submitted for
review and approval by the Planning Director in
consultation with the Department of Public Works prior to
submitting plans for plan approval, subdivisions, or
grading. Such circulation plan shall include provisions
for access to the landlocked 2.1193 acre parcel (parcel 55)
abutting the project site and public access along the
portion of the Kukuihaele Landing access road within the
project site;
(S) Wastewater disposal facilities shall meet with the approval
of the State Department of Health;
(T) As represented by the applicant, a total of 4.1 acres of
land, with the consent of lot owners at Tiger Camp, lot
owners adjacent to the plantation manager's house, and lot
owners near the former grade school playground shall be
deeded to the respective lot owners within eightteen (18)
months from the effective date of this ordinance;
(U) As represented by the applicant, a total of approximately
1.15 acres of land shall be dedicated to the Hawaii County
cemeteries and the Catholic Church cemeteries delineated as
fifty (50) feet wide strips of land on two sides of each of
these cemeteries prior to final subdivision approval or
final plan approval, whichever occurs first; and
(V) As represented by the applicant, a lifetime residence shall
be granted to Mr. Lino Reynon who resides on the property
described as TMK: 4-8-06:44. Documentation shall be
submitted to the Planning Director prior to final
-24-
subdivision approval or final plan approval, whichever
occurs first;
(W) The Applicant shall pay its fair share contribution to
address potential regional impacts of the project with
respect to park, fire, police, solid waste disposal
facilities, sewer and roads. The fair share contribution
shall be initially based on the representations contained
within the change of zone application and may be increased
or reduced proportionally if the residential-agricultural
lot counts are adjusted. In lieu of paying the fair share
contribution, the applicant may construct such facilities
related to park, fire, police, solid waste disposal
facilities, sewers and roads with the approval of the
appropriate agency(ies);
(X) The applicant shall conform to the best extent practicable
with the guidelines as provided within the Strategies for
Energy Efficient Architecture by Hawaiian Design and the
State Model Energy Code, in the construction of dwellings
within the project site;
(Y) Comply with all applicable laws, rules, regulations and
requirements, including those of the Department of Health,
Fire, and the Department of water Supply;
(Z) Should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified
Impact Fees Ordinance;
(AA) 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
-25-
in detail the status of the development of each area
(including number of lots created, number of units
constructed) and the compliance with the conditions of
approval. This condition shall remain in effect until all
of the conditions of approval have been complied with and
the Planning Department acknowledges that further reports
are not required;
(BB) An extension of time for the performance of conditions 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.
-26-
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.
SECTION 4. In the event that any portion of this ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBE COUNTY, F HAWAII
Hilo, Hawaii
Date of Introduction: May 18, 1994
Date of 1st Reading: May 18, 1994
Date of 2nd Reading: June 1, 1994
Effective Date: June 8, 1994
APPROVED AS TO FORM AND LEGALITY:
~.t!~/ // ~ / , ~~
.~S!STAt~i, ~ORPORATI ~ C/OUN L
DATED : 4/ G ~0~~
_~
_2~_
ROBIN J. YAHIKU
County Clcrk
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
CONSTANCE R. IQRIU
Deputy County Clert
BOBBY JEAN LETTHEAD-TODD
t<g1,1,r1ocA~mro,
On Bill No. 239, Dz. 4, Ordinance No. 94-63 reference is
made to map attached hereto, marked Exhibit A ".
Said Exhibit is 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-
~~"~~
r
Robin~~J. Yahiku
COUId~ ~LERK
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii ''~'- ~ I ` ~
'94 JU(~ B Fi i `i Li
Introduced By: Takashi Domingo
Date Introduced: Mav 18 . 1994
First Reading: Mav 18 . 1994
Published: N/A
REhfARICS:
Second Reading: June 1. 1994
To Mayor: June 6, 1994
Returned: June 1
Effective: June 8 , 19
Published: June 16,
(DRAFT 2 gFFiCE - ^^I!"QTY !~;.Ei(K
n~i~
I2bY.I.~CAI.L VOTE
AYES NOES ABS EX
ARAKAHI
BONK-ABRAMSON X
CHILDS
DE LIMA X
DOMINGO
HALE }{
RA'rH X
ROSEHILL X
SCHUITE X
(DRAFT 4)
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAHI X
BoxxnBRAMSOx
CHILDS X
DE LIMA }{
DOMINGO X
HALE
RATH X
ROSEHILL
SCHUITE X,
2 1
I DO HEREBY CERTTFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
a
Fo
CORF~.~.T:Jr: C~VUSEL
COU~~:TY OP I1AWnll
Date JUN 71994
Ap ved/moved this ~ day
of ~ "L , 19~
IY'~-~c--
R, COLfNTF HAWAII
`p~~
Bi11No.: 239 (Draft 4)
Reference: C-1025 PC-115
Ord. No.: