HomeMy WebLinkAboutORD 1994-073 1992-1994COUNTY OF HAWAIL. ;,,y.,.YSTATE OF HAWAII
BILL NO. 182
(Draft 6)
ORDINANCE NO. 94 73
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND
SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) AND
UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH,
HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST
AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND
3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY
TAX MAP KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5
AND 8-1-04:PORTION OF 3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Kanaueue 1st and 2nd, North Kona, Hawaii,
shall be Agricultural (A-la):
PARCEL 1:
Beginning at the Southeasterly corner of this parcel of
land, being also a point on the Northerly boundary of
Royal Patent 1670 to John D. Parish on a portion of Land
Commission Award 387, Part 4, Section 2 to American Board
of Commissioners for Foreign Missions, being also a point
on the division between North and South Kona, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PW OHAU" being
1,704.58 feet North and 6,126.02 feet East and running by
azimuths measured clockwise from True South:
1. 71° 45' 902.30 feet along Royal
Patent 1670 to John D.
Parish on a portion of
Land Commission
Award 387, Part 4,
Section 2 to American
Board of Commissioners
for Foreign Missions to
a point;
2. 152° 14' 1,055.02 feet along the remainder
of Grant 865 to John
Nakookoo to a point;
Thence, for the next seven (7) courses following
along middle of
stonewall and along
Grant 992 to W.
Whitmarsh:
3. 251° 23' 30" 224.69 feet to a point;
4. 250° 35' 58.35 feet to a point;
5. 255° 17' 131.07 feet to a point;
6. 240° 43' 26.91 feet to a point;
7. 257° 50' 172.57 feet to a point;
8. 243° 13' 30" 21.91 feet to a point;
9. 256° 57' 98.95 feet to a point;
Thenc e, for the next twelve (12) courses following
along middle of
stonewall and along the
remainder of Grant 865
to John Nakookoo:
10. 338° 17' 30" 158.36 feet to a point;
11. 257° 24' 102.95 feet to a point;
12. 255° 40' 30" 171.35 feet to a point;
13. 261° 29' 101.46 feet to a point;
14. 346° 30' 30" 54.40 feet to a point;
15. 343° 21' 30" 152.40 feet to a point;
16. 396° 20' 165.46 feet to a point;
-2-
17. 343° 29' 30"
18. 357° 13'
19. 345° 53' 30"
20. 333° 53'
80.88 feet to a point;
57.51 feet to a point;
154.41 feet to a point;
114.71 feet to a point;
21. 345° 43' 43.78 feet to the point of
beginning and containing
an area of 22.251 Acres,
more or less. (Refer to
Parcel 1 as shown on
Exhibit "A".)
The district classification of the following area
situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and
Kanaueue 1st and 2nd, North Kona, Hawaii, shall be
Agricultural (A-la):
PARCEL 2:
Beginning at the Northwesterly corner of this parcel of
land, being also a point on the Southerly boundary of
Royal Patent 1098, Land Commission Award 614 to Charles
Hall, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "PW OHAU"
being 5,408.20 feet North and 934.23 feet East and running
by azimuths measured clockwise from True South:
Thence, for the next sixty-seven (67) courses
following along middle
of stonewall and along
Royal Patent 1098, Land
Commission Award 614 to
Charles Hall:
1. 172° 44'
35.46 feet
26.01 feet
19.20 feet
39.58 feet
18.68 feet
16.35 feet
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
2. 250° 06'
3. 245° 26'
4. 251° 15'
5. 259° 25'
6. 246° 50'
-3-
7. 254° 27' 40.28 feet to a point;
8. 323° 16' 7.32 feet to a point;
9. 249° 32' 44.32 feet to a point;
10. 265° O1' 30" 16.93 feet to a point;
11. 271° 10' 30" 50.61 feet to a point;
12. 261° 46' 30" 67.77 feet to a point;
13. 256° 32' 30" 36.61 feet to a point;
14. 262° 38' 30.23 feet to a point;
15. 258° 17' 37.28 feet to a point;
16. 254° 45' 21.32 feet to a point;
17. 257° 35' 30" 36.22 feet to a point;
18. 265° 03' 21.89 feet to a point;
19. 263° 53' 30" 45.49 feet to a point;
20. 266° 14' 44.43 feet to a point;
21. 249° 07' 32.29 feet to a point;
22. 256° 49' 30" 41.74 feet to a point;
23. 250° 03' 30" 91.17 feet to a point;
24. 257° 28' 88.18 feet to a point;
25. 253° 37' 30" 14.36 feet to a point;
26. 271° 49' 7.86 feet to a point;
27. 243° 18' 30" 43.30 feet to a point;
28. 252° 36' 45.75 feet to a point;
29. 262° 29' 35.65 feet to a point;
30. 265° 31' 13.70 feet to a point;
31. 260° 35' 30" 76.29 feet to a point;
32. 268° 05' 30" 59.53 feet to a point;
-4-
33. 253° 44' 30" 12.40 feet to a point;
34. 259° 40' 25.69 feet to a point;
35. 264° 02' 51.71 feet to a point;
36. 259° 49' 30" 85.74 feet to a point;
37. 266° 56' 48.70 feet to a point;
38. 265° 44' 61.02 feet to a point;
39. 272° OS' 60.95 feet to a point;
40. 269° 19' 30" 91.04 feet to a point;
41. 275° 29' 26.42 feet to a point;
42. 280° 52' 30" 26.76 feet to a point;
43. 272° 21' 30" 28.45 feet to a point;
44. 277° 12' 46.47 feet to a point;
45. 273° 22' 30" 84.54 feet to a point;
46. 273° 04' 30" 57.99 feet to a point;
47. 270° 29' 30.67 feet to a point;
48. 275° 46' 30" 91.01 feet to a point;
49. 267° 54' 30" 87.48 feet to a point;
50. 261° OS' 30" 28.16 feet to a point;
51. 266° 13' 128.24 feet to a point;
52. 270° 26' 114.47 feet to a point;
53. 260° 09' 81.24 feet to a point;
54. 262° 27' 166.66 feet to a point;
55. 261° 47' 108.98 feet to a point;
56. 243° 34' 33.10 feet to a point;
57. 259° 14' 30" 37.03 feet to a point;
58. 265° 34' 30" 77.10 feet to a point;
-5-
59. 262° 59' 118.99 feet to a point;
60. 256° 19' 39.78 feet to a point;
61. 262° 44' 82.08 feet to a point;
62. 267° 50' 34.11 feet to a point;
63. 265° 25' 63.09 feet to a point;
64. 273° 36' 30" 112.92 feet to a point;
65. 268° 50' 151.03 feet to a point;
66. 274° 59' 30" 35.27 feet to a point;
67. 268° 30' 30" 48.40 feet to a point;
Thence, for the neat three (3) courses following
along the Westerly side
of old railroad and
along the remainder of
Grant 2029 to
S. W. Makahiki:
68. 15° 00' 431.60 feet to a point;
69. 0° 23' 223.30 feet to a point;
70. 333° 44' 145.20 feet to a point;
Thence, for the next seven (7) courses following
along the Westerly side
of old railroad and
along the remainder of
Grant 1453 to John
Cavanah:
71. 319° 08'
72. 327° 12' 30"
73. 333° 41'
74. 341° 52'
75. 350° 21'
76. 357° 11' 30"
77. 7° 46'
63.63 feet
92.54 feet
55.11 feet
42.41 feet
65.77 feet
87.84 feet
82.65 feet
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
-6-
78. 17° 59' 209.88 feet along the Westerly
side of old railroad and
along the remainders of
Grant 1453 to John
Cavanah and Grant 1463
to Keawe to a point;
Thenc e, for the next ten (10) courses following along
the Westerly side of old
railroad and along the
remainder of Grant 1463
to Keawe:
79. 15° 46' 30" 221.91 feet to a point;
80. 350° 40' 30" 86.03 feet to a point;
81. 346° 02' 30" 127.39 feet to a point;
82. 347° 43' 68.36 feet to a point;
83. 356° 37' 108.84 feet to a point;
84. 358° 09' 110.66 feet to a point;
85. 6° 27' 30" 75.31 feet to a point;
86. 357° 30' 30" 143.26 feet to a point;
87. 8° 45' 30" 30.57 feet to a point;
88. 359° 52' 108.27 feet to a point;
89. 265° 47' 29.79 feet along the remainder
of Grant 1463 to Keawe
to a point;
Thenc e, for the nest eight (8 ) courses following
along the Easterly side
of old railroad and
along the remainder of
Grant 1463 to Keawe:
90. 357° 33' 107.96 feet to a point;
91. 352° 21' 72.88 feet to a point;
92. 356° 43' 30" 32.40 feet to a point;
93. 353° 27' 38.77 feet to a point;
-7-
94. 350° 36' 29.09 feet to a point;
95. 339° 51' 130.13 feet to a point;
96. 329° 39' 30" 32.22 feet to a point;
97. 326° 06' 51.01 feet to a point;
98. 324° 59' 10.48 feet along the Westerly
face of stonewall and
along the remainder of
Royal Patent 5336, Land
Commission Award 9413 to
Kahana to a point;
99. 320° 39' 115.81 feet along the remainder
of Royal Patent 5336,
Land Commission
Award 9413 to Kahana to
a point;
100. 67° 26' 30" 92.41 feet along wire fence
and along Grant 992 to
W. Whitmarsh to a point;
101. 70° 35' 63.69 feet along middle of
stonewall and along
Grant 992 to
W. Whitmarsh to a point;
102. 67° 10' 30" 124.47 feet along middle of
stonewall and along
Grant 992 to
W. Whitmarsh to a point;
103. 72° 45' 45" 371.54 feet along Grant 992 to
W. Whitmarsh to a point;
104. 79° 49' 199.17 feet along Grant 992 to
W. Whitmarsh to a point;
Thenc e, fo r the nest twenty-three (23) courses
following along middle
of stonewall and along
Grant 992 to
W. Whitmarsh:
105. 82° 05' 30" 51.64 feet to a point;
106. 83° 18' 181.52 feet to a point;
-8-
107. 84° 58' 30" 118.82 feet to a point;
108. 85° 30' 30" 145.13 feet to a point;
109. 91° 09' 79.55 feet to a point;
110. 82° 04' 95.77 feet to a point;
111. 82° 31' 45" 212.72 feet to a point;
112. 359° 15' 512.31 feet to a point;
113. 268° 21' 280.72 feet to a point;
114. 259° 47' 379.67 feet to a point;
115. 260° 53' 149.26 feet to a point;
116. 259° 07' 153.59 feet to a point;
117. 266° 02' 30" 90.63 feet to a point;
118. 250° 32' 115.64 feet to a point;
119. 240° 54' 54.22 feet to a point;
120. 246° 41' 140.89 feet to a point;
121. 256° 30' 30" 95.53 feet to a point;
122. 240° 04' 30" 52.97 feet to a point;
123. 245° 12' 30" 66.16 feet to a point;
124. 257° 45' 30" 34.33 feet to a point;
125. 239° 59' 72.54 feet to a point;
126. 250° 39' 30" 70.76 feet to a point;
127. 246° 08' 111.93 feet to a point;
128. 332° 14' 1,055.02 feet alo ng the remainder
of Grant 8 65 to John
Nakookoo t o a point;
-9-
Thence, for the next four (4) courses following along
Royal Patent 1670 to
John D. Parish on a
portion of Land
Commission Award 387,
Part 4, Section 2 to
American Board of
Commissioners for
Foreign Missions:
129. 64° 12' 628.00 feet to a point;
130. 79° 26' 602.00 feet to a point;
131. 77° 00' 987.00 feet to a point;
132. 72° 13' 704.78 feet to a point;
133. 154° 42' 918.93 feet along the remainder
of Grant 1587 to John
Peters to a point;
Thence, following along the remainder of Grant 1587
to John Peters on a
curve to the right with
a radius of 1,030.00,
the chord azimuth and
distance being:
134. 174° 32' 30" 699.21 feet to a point;
135. 194° 23' 350.20 feet along the remainder
of Grant 1587 to John
Peters to a point;
Thence, following along the remainders of Grant 1587
to John Peters and
Grant 1463 to Keawe on a
curve to the left with
a radius of 1,270.00
feet, the chord azimuth
and distance being:
136. 165° 33' 1,224.95 feet to a point;
137. 136° 43' 68.92 feet along the remainder
of Grant 1463 to Keawe
to a point;
-10-
Thence, following along the remainder of Grant 1463
to Keawe on a curve to
the right with a radius
of 1,030.00 feet, the
chord azimuth and
distance being:
138. 149° 59' 30" 473.03 feet to a point;
139. 163° 16' 839.35 feet along the
remainders of Grant 1463
to Keawe, Grant 1453 to
John Cavanah and
Grant 2029 to
S. W. Makahiki to a
point;
Thence, following along the remainder of Grant 2029
to S. W. Makahiki on a
curve to the left with a
radius of 470.00 feet,
the chord azimuth and
distance being:
140. 136° 23' 15" 424.98 feet to a point;
141. 165° 15' 189.91 feet along Grant 1651 to
Charles Hall to the
point of beginning and
containing an area of
295.539 Acres. (Refer
to Parcel 2 as shown on
Exhibit "A".)
SECTION 2. Section 25-88, 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 Halekii and Keekee 1st, South Kona, Hawaii,
shall be Agricultural (A-la):
-11-
PARCEL 3:
Beginning at the Northeasterly corner of this parcel of
land, being also the Northwesterly corner of Lot 39 of
Kona Scenic Subdivision, Unit II (File Plan 1591) and
being a point on the Southerly boundary of Grant 865 to
John Nakookoo, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PW
OHAU" being 2,272.75 feet North and 8,616.61 feet East and
running by azimuths measured clockwise from True South:
1. 350° 44' 55" 482.03 feet along Lots 39, 38,
37, 36, 35 and 34 of
Kona Scenic Subdivision,
Unit II (File Plan 1591)
and along the remainder
of Royal Patent 1670 to
John D. Parish on a
portion of Land
Commission Award 387,
Part 9, Section 2 to
American Hoard of
Commissioners for
Foreign Missions and
along the Westerly end
of Haleki'i Street to a
point;
2. 78° 30' 470.15 feet along Lot 3
(Government Land -
County of Hawaii) to a
point;
3. 348° 30' 438.70 feet along Lot 3
(Government Land -
County of Hawaii) to a
point;
4. 266° 28' 187.31 feet along Lot 3
(Government Land -
County of Hawaii) to a
point;
Thence, for the next eleven (11) courses following
along middle of
stonewall:
-12-
5. 4° 59' 157.50 feet along Lots 22 and
21 of Keekee Estates
(File Plan 2087) and
along the remainder of
Grant 977 to Panaunau to
a point;
6. 17° 24' 30" 102.93 feet along Lots 21 and
20 of Keekee Estates
(File Plan 2087) and
along the remainder of
Grant 977 to Panaunau to
a point;
7. 7° 45' 30" 174.98 feet along Lots 20 and
19 of Keekee Estates
(File Plan 2087) and
along the remainder of
Grant 977 to Panaunau to
a point;
8. 91° 17' 30" 56.46 feet along Lot 18 of
Keekee Estates (File
Plan 2087) and along the
remainder of Grant 977
to Panaunau to a point;
9. 355° 54' 30" 333.18 feet along Lots 18 and
17 of Keekee Estates
(File Plan 2087) and
along the remainder of
Grant 977 to Panaunau to
a point;
Thence, for the neat four (4) courses following along
Grant 866 to Kapule:
10. 86° 02' 30" 309.93 feet along Lot 2 to a
point;
11. 80° 19' 207.35 feet along Lot 1 to a
point;
12. 75° 14' 183.86 feet along Lot 1 to a
point;
13. 79° 02' 674.13 feet along Lot 1 to a
point;
-13-
19. 177° 38' 634.16 feet along the remainder
of Grant 977 to Panaunau
to a point;
15. 75° 14' 1,338.05 feet along Grant 977 to
Panaunau to a point;
16. 150° 55' 956.00 feet along the remainder
of Royal Patent 1670 to
John D. Parish on a
portion of Land
Commission Award 387,
Part 4, Section 2 to
American Board of
Commissioners for
Foreign Missions to a
point;
17. 251° 45' 902.30 feet along Grant 865 to
John Nakookoo to a point;
Thence, for the next thirty-six (36) courses
following along middle
of stonewall and along
Grant 865 to John
Nakookoo:
18. 250°
19. 238°
20. 246°
21. 253°
22. 257°
23. 249°
24. 245°
25. 248°
26. 240°
27. 254°
28. 256°
02' 30" 41.72 feet to a point;
11' 99.82 feet to a point;
13' 93.37 feet to a point;
121.82 feet to a point;
121.61 feet to a point;
59.76 feet to a point;
177.23 feet to a point;
92.17 feet to a point;
60.37 feet to a point;
110.46 feet to a point;
24.30 feet to a point;
29'
51'
33'
51'
02'
26'
58'
29'
30"
30"
30"
-14-
29. 274° 56' 30" 31.91 feet to a point;
30. 260° 18' 30" 148.31 feet to a point;
31. 253° 43' 47.09 feet to a point;
32. 243° 21' 30" 89.60 feet to a point;
33. 263° 53' 30" 70.49 feet to a point;
34. 254° 39' 30" 21.88 feet to a point;
35. 269° 41' 41.10 feet to a point;
36. 288° 24' 45.97 feet to a point;
37. 255° 29' 30" ~ 27.38 feet to a point;
38. 241° 21' 30.35 feet to a point;
39. 227° 12' 30" 53.91 feet to a point;
40. 216° 24' 30" 55.73 feet to a point;
41. 238° 55' 30" 27.24 feet to a point;
42. 255° 23' 30" 29.74 feet to a point;
43. 271° 22' 69.73 feet to a point;
44. 265° 04' 29.52 feet to a point;
45. 275° 29' 30" 98.69 feet to a point;
46. 271° 04' 85.71 feet to a point;
47. 277° 42' 30" 71.32 feet to a point;
48. 269° 46' 21.84 feet to a point;
49. 270° 48' 110.24 feet to a point;
50. 268° 22' 91.02 feet to a point;
51. 258° 19' 92.53 feet to a point;
52. 270° 26' 57.58 feet to a point;
-15-
53. 265° 38' 177.70 feet to the point of
beginning and containing
an area of 94.387 Acres,
more or less. (Refer to
Pacel 3 as shown on
Exhibit "A".)
The district classification of the following area
situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau
1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st,
South Kona, Hawaii, shall be Agricultural (A-la):
PARCEL 4:
Beginning at the Southeasterly corner of this parcel of
land, being also a point on the Northerly boundary of
Grant 1162 to F. O. Schulze, the coordinates of said point
of beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 4,046.78 feet South and
6,502.93 feet East and running by azimuths measured
clockwise from True South:
1. 65° 45' 54" 1,071.96 feet along middle of
stonewall and along
Grant 1162 to
F. O. Schulze to a point;
2. 78° 08' 30" 1,407.43 feet along middle of
stonewall and along
Grant 1162 to
F. O. Schulze to a point;
Thence, for the next three (3) courses following
along the remainder of
Royal Patents 4386 and
7146, Land Commission
Award 8452 to
A. Keohokalole:
3. 203° 12' 488.09 feet to a point;
Thence, following on a curve to the left with a
radius of 870.00 feet,
the chord azimuth and
distance being:
-16-
4. 172° 50' 30" 879.41 feet to a point;
5. 142° 29' 272.49 feet to a point;
Thence, following along the remainders of Royal
Patents 4386 and 7146,
Land Commission
Award 8452 to
A. Keohokalole,
Grant 1160 to
H. N. Greenwell, and
Grant 1576 to Lohi on a
curve to the right with
a radius of
1,130.00 feet, the chord
azimuth and distance
being:
6. 169° 47'
1,036.55 feet to a point;
7. 197° 05' 307.17 feet along the
remainders of Grant 1576
to Lohi and Grant 1464
to Ialua to a point;
Thence, following along the remainder of Grant 1464
to Ialua on a curve to
the left with a radius
of 645.00 feet, the
chord azimuth and
distance being:
8. 183° 07' 311.35 feet to a point;
9. 169° 09' 54.98 feet along the remainder
of Grant 1464 to ialua
to a point;
Thence, following along the remainders of Grant 1464
to Ialua and Grant 1175
to Nakauwaa on a curve
to the right with a
radius of 705.00 feet,
the chord azimuth and
distance being:
10. 186° 06' 411.07 feet to a point;
-17-
11. 203° 03' 162.63 feet along the remainder
of Grant 1175 to
Nakauwaa to a point;
Thence, following along the remainder of Grant 1175
to Nakauwaa and Grant
1177 to Kamakahiona on a
curve to the left with a
radius of 645.00 feet,
the chord azimuth and
distance being:
12. 186° 42' 30" 362.96 feet to a point;
13. 170° 22' 60.05 feet along the remainder
of Grant 1177 to
Kamakahiona to a point;
Thence, following along the remainders of Grant 1177
to Kamakahiona and
Grant 1176 to Kini on a
curve to the right with
a radius of 705.00 feet,
the chord azimuth and
distance being:
14. 186° 12'
384.70 feet to a point;
Thence, for the neat five (5) courses following along
the remainder of
Grant 1176 to Kini:
15. 202° 02'
35.26 feet to a point;
Thence, following on a curve to the left with a
radius of 30.00 feet,
the chord azimuth and
distance being:
16. 157° 02' 42.43 feet to a point;
17. 112° 02' 85.32 feet to a point;
Thence, following on a curve to the left with a
radius of 645.00 feet,
the chord azimuth and
distance being:
18. 97° 14' 329.53 feet to a point;
19. 82° 26' 397.26 feet to a point;
-18-
Thence, following along the remainders of Grant 1176
to Kini and Royal
Patent 1670 to John D.
Parish on a portion of
Land Commission Award
387, Part 4, Section 2
to American Hoard of
Commissioners for
Foreign Missions on a
curve to the right with
a radius of 705.00 feet,
the chord azimuth and
distance being:
20. 118° 34'
831.43 feet to a point;
21. 154° 42' ~ 342.97 feet along the remainder
of Royal Patent 1670 to
John D. Parish on a
portion of Land
Commission Award 387,
Part 4, Section 2 to
American Hoard of
Commissioners for
Foreign Missions to a
point;
22. 252° 13' 704.78 feet along Grant 1587 to
John Peters and
Grant 865 to John
Nakookoo to a point;
Thence, for the next three (3) courses following
along Grant 865 to John
Nakookoo:
23. 257° 00' 987.00 feet to a point;
24. 259° 26' 602.00 feet to a point;
25. 244° 12' 628.00 feet to a point;
26. 330° 55' 956.00 feet along the remainder
of Royal Patent 1670 to
John D. Parish on a
portion of Land
Commission Award 387,
Part 4, Section 2 to
American Hoard of
Commissioners for
Foreign Missions to a
point;
-19-
27. 255° 14' 1,338.05 feet along Royal
Patent 1670 to John D.
Parish on a portion of
Land Commission Award
387, Part 4, Section 2
to American Board of
Commissioners for
Foreign Missions to a
point;
28. 357° 38' 634.16 feet along Grant 977 to
Panaunau to a point;
29. 76° 40' 30" 1,596.74 feet along Grant 1177 to
Kamakahiona to a point;
30. 76° 40' 30" 44.81 feet along Grant 1177 to
Kamakahiona to a point;
Thence, for the next six (6) courses following along
the Westerly side of old
railroad:
31. 353° 25' 54.23 feet to a point;
32. 346° 06' 95.32 feet to a point;
33. 342° 16' 30" 289.54 feet to a point;
34. 341° 04' 132.29 feet to a point;
35. 345° 33' 48.71 feet along the
remainders of Grant 1177
to Kamakahiona and Grant
1175 to Nakauwaa to a
point;
Thenc e, for the next six (6) courses following along
the remainder of
Grant 1175 to Nakauwaa:
36. 350° 55' 30" 47.80 feet to a point;
37. 260° 45' 8.34 feet to a point;
Thenc e, for the next four (4) courses following along
the Westerly face of
stonewall and along the
Easterly side of old
railroad:
-20-
38. 353° 43' 30" 58.69 feet to a point;
39. 1° 03' 30" 50.75 feet to a point;
40. 4° 06' 30" 32.09 feet to a point;
41. 9° 18' 30" 46.75 feet to a point;
Thenc e, for the neat four (4) courses following along
the Northerly face of
stonewall:
42. 79° 50' 28.51 feet along Grant 787 to
H. N. Greenwell to a
point;
43. 63° O1' 30" 205.62 feet along Grant 787 to
H. N. Greenwell to a
point;
Thenc e, for the neat twenty-sig (26) courses
following along the
remainder of Grant 787
to H. N. Greenwell:
44. 58° 15' 190.84 feet to a point;
45. 95° 12' 30" 36.26 feet to a point;
Thenc e, for the neat ten (10) courses following along
the Westerly face of
stonewall:
46. 340° 55' 30" 51.47 feet to a point;
47. 336° 12' 30" 95.40 feet to a point;
48. 340° 54' 85.38 feet to a point;
49. 338° 48' 30" 46.81 feet to a point;
50. 342° 23' 65.75 feet to a point;
51. 334° 35' 30" 65.95 feet to a point;
52. 332° 23' 82.87 feet to a point;
53. 324° 00' 11.13 feet to a point;
54. 332° 36' 30" 113.50 feet to a point;
-21-
55. 347° 43' 24.68 feet to a point;
Thence, for the next four (4) courses following along
the Westerly side of old
railroad:
56. 338° 19' 61.45 feet to a point;
57. 327° 39' 30" 17.91 feet to a point;
58. 347° 16' 94.25 feet to a point;
59. 344° 55' 30" 113.58 feet to a point;
60. 267° 05' 30" 16.83 feet to a point;
Thenc e, for the next six (6) courses following along
middle of stonewall:
61. 341° 48' 30" 54.25 feet to a point;
62. 346° 24' 30" 109.52 feet to a point;
63. 330° 20' 62.30 feet to a point;
64. 336° 48' 111.89 feet to a point;
65. 325° 21' 106.90 feet to a point;
66. 62° 18' 30" 29.22 feet to a point;
Thenc e, for the next three (3) courses following
along Westerly face of
stonewall:
67. 337° 28' 30" 112.46 feet to a point;
68. 337° 08' 183.98 feet to a point;
69. 337° 36' 30" 153.52 feet to a point;
70. 254° 02' 30" 25.45 feet along the Southerly
face of stonewall and
along Grant 787 to
H. N. Greenwell to a
point;
-22-
Thence, for the next seven (7) courses following
along the Westerly side
of old railroad and
along the remainder of
Royal Patents 4386 and
7146, Land Commission
Award 8452 to A.
Keohokalole:
71. 338° 26'
168.87
153.12
329.74
122.94
193.93
267.46
feet
feet
feet
feet
feet
feet
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
72. 337° 34'
73. 335° 16' 30"
74. 336° 16' 30"
75. 334° 38' 30"
76. 335° 59'
77. 329° 13' 30"
141.50 feet to the point of
beginning and containing
an area of
271.415 Acres. (Refer
to Parcel 4 as shown on
Exhibit "A".)
All as shown on the map attached hereto, marked Exhibit "A" and
by reference made a part hereof (herein after referred to as
"subject property").
SECTION 3. These changes in district classification ar_e
conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of approval;
(B) The effective date of the rezoning shall be upon:
(1) the execution of an agreement between the applicant,
Lyle Anderson, and the County through its Department
of Water Supply and Planning, to assign water
commitment rights in the Kealakekua Source Agreement
-23-
to the current landowners of the subject property
within one-hundred-eighty (180) days from the
effective date of this ordinance; provided that a
maximum ninety (90) day extension may be granted by
the Planning Director with reasonable and sufficient
justification; and
(2) the acceptance by the Department of Water Supply of
the required water commitment payment in accordance
with its "Water Commitment Policy" within
one-hundred-eighty (180) days from the effective date
of this ordinance;
(C) Subdivision plans for any portion of the subject property
shall be submitted to the Planning Department and Tentative
Subdivision Approval secured within four (4) years from the
effective date of this rezoning as determined in Condition
B; Final Subdivision Approval shall be secured within
five (5) years from the effective date of this rezoning as
determined in Condition B. For the purpose of this
ordinance, Final Subdivision Approval shall be defined as
the subdivision of any agricultural zoned lot to a lot less
than twenty (20) acres in size within the subject property;
(D) A wastewater disposal system shall be constructed in a
manner meeting with the approval of the State Department of
Health and/or the Department of Public Works, whichever is
applicable;
(E) All electrical and communication utilities lines within the
subject property shall be placed underground, with the
exception of the main 69 KV transmission line from the
Mamalahoa Highway to the proposed electrical substation
site;
-24-
(F) A Flood Study of the subject property shall be submitted to
the Planning Department in conjunction with plans submitted
for subdivision review for any portion of the subject
property. Drainage improvements shall be constructed in a
manner meeting with the approval of the Department of
Public Works, prior to the issuance of Final Subdivision
Approval for the subject property;
(G) An archaeological mitigation and interpretation plan shall
be prepared and submitted for approval by the Planning
Director, in consultation with the Department of Land and
Natural Resources-Historic Preservation Division, prior to
submitting plans for subdivision review. The Plan shall
consist of three subplans:
(1) an archaeological data recovery plan for the sites to
undergo data recovery,
(2) a detailed interim protection/preservation plan for
the sites to undergo preservation, and
(3) an interpretation plan which shall include buffer
zones, signage and long-range preservation concerns
which may be submitted at a later date. Approved
mitigation measures shall be implemented prior to or
in conjunction with any land alterations within the
subject property;
(H) The applicant shall be responsible to comply with Condition
No. 8 of SMA Permit No. 345 issued to the applicant on
November 5, 1993; provided, that the construction of the
coastline park and access ways shall be subject to the
obtaining of all necessary discretionary permits (e.g.,
Conservation District Use Approval; Special Management Area
Use Permit, etc.); provided, further, that the applicant
-25-
shall be responsible to comply with the following terms and
conditions:
(1) The applicant shall develop and submit a comprehensive
public shoreline access plan for the subject property
and the properties described in the SMA Permit
No. 345, subject to the review and approval by the
Planning Director, in consultation with the Department
of Land and Natural Resources, prior to Final
Subdivision Approval, or any land alteration activity,
whichever comes first;
(2) An area comprising twenty-five percent (25%) of the
total park area, as shown on Exhibit "E" attached
hereto and made a part hereof, shall be developed and
improved by the applicant or its agent in phases
within five (5) years from the date Final Subdivision
Approval is obtained on the subject property. The
first phase shall be completed and open to the public
within thirty (30) days following the opening of the
golf course;
(3) No more than a total land area of twelve (12) acres
shall be permitted to be constructed, operated and
maintained as part of the applicant's golf course,
approved as Use Permit No. 115, and included within
the coastline park or the existing conservation
district lands;
(4) A minimum of twenty-five (25) public parking stalls in
addition to parking stalls for residents, guests, and
employees within the subject property and the
applicant's adjacent lands at the principal shoreline
access parking area(s), signage and provisions for
public access for night fishing and marine food
-26-
gathering purposes over designated vehicular and
pedestrian access routes subject to restrictions which
limit said uses to recreation uses only, and other
restrictions which provide for the health and safety
of the general public and residents alike; and
(5) The public shoreline access plan shall also integrate
where appropriate, any public accessway(s) to
interpretive trail system(s) and to the historical and
archaeological sites to be approved by the Planning
Director, in consultation with the Department of Land
and Natural Resources and in conjunction with the
detail mitigation plan for the park area situated in
the Conservation district.
(I) Prior to final approval of a small lot subdivision plat
within the subject property, the applicant shall convey to
the County of Hawaii by way of a perpetual easement the
right to public access and recreational use of the
coastline park and trails; provided, that restrictions in
accordance with Chapter 115, Hawaii Revised Statutes, will
be allowed to be established by the applicant, subject to
the approval of the Planning Director, to promote public
health and safety and the general security of the premises
for residents and guest of the project to protect the
areas' pristine condition, and to minimize any liability to
the applicant, pursuant to Chapter 520, Section 520-4,
Hawaii Revised Statutes. The applicant shall own the
coastline park and trails in fee simple and maintain all
lands in the coastline park area and operate such facility
for public recreational use in accordance with the above
terms and conditions;
-27-
(J) Should any unidentified sites or remains such as artifacts,
shell, bone, or charcoal deposits, human burials, rock or
coral alignments, pavings or walls be encountered, work in
the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall
proceed upon an archaeological clearance from the Planning
Director when it finds that sufficient mitigative measures
have been taken;
(K) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to submitting plans for subdivision review. 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 property. 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;
(L) Roadway improvements and access(es) to the subject
property, including all plans and construction, shall meet
with the approval of the Department of Public Works. Prior
to the issuance of Final Subdivision Approval for any
portion of the subject property, the applicant shall:
(1) construct the channelization and signalization of the
Mamalahoa Highway-Haleki'i Street intersection;
(2) determine the final right-of-way alignment of the
entire Mamalahoa Bypass road as shown in Ezhibit "C",
including its intersection areas and its acquired
ownership or control. The applicant shall provide the
Planning Director with a metes and bounds description
of each road right-of-way segment involved and
evidence of its ownership or control as deemed
_Zg_
necessary by the Planning Director. In lieu of the
applicant obtaining or acquiring ownership or control of
any segment within the Phase Two portion of the Mamalahoa
Bypass road, the requirement shall be deemed fulfilled upon
the county's formal initiation of condemnation action for
such segments and an agreement has been entered into to
between the applicant and the county providing for the
applicant's reimbursement to the county for the acquisition
of the lands condemned;
(3) construct Phase One of the Mamalahoa Bypass, as shown
in Exhibit "C", consisting of two lanes with
sufficient right-of-way for a total of four lanes;
(4) construct the channelization improvements on Kuakini
Highway at its intersection with the north end of the
Mamalahoa Bypass;
(5) construct the extension of Haleki'i Street through the
subject property as generally reflected in Exhibit
"B", which phasing of improvements shall be approved
by the Department of Public Works. A barricade or
breakaway gate, meeting with the requirements of the
Department of Public Works, shall be installed by the
applicant as part of the required Haleki'i Street
improvements prior to the completion of Phase 1 of the
Mamalahoa Highway Bypass or the construction of any
dwelling unit or golf course clubhouse facility,
whichever occurs first. The purpose of this condition
is to prevent the use of Haleki'i Street as a
vehicular thoroughfare between the existing Mamalahoa
Highway and the Phase 1 section of the Mamalahoa
Highway Bypass until the entire proposed Bypass has
been completed and opened for general public use; and
-29-
(6) provide roadway stub-outs, generally shown in Exhibit
"B", to provide future connections between the subject
property, the Alii Highway, and southern extensions
there from; provided that such stub-outs shall be
constructed in accordance with the construction
phasing as approved by the Department of Public Works.
The applicant shall construct the Mamalahoa Bypass to State
Department of Transportation-Highways Division standards
for a regional arterial bypass highway or segments thereof,
and shall provide a landscape buffer along highway sections
within five hundred feet of existing dwelling, as required
by the chief engineer, to reduce the impacts of noise and
light on the residents therein and to generally beautify
the highway appearance in such locations. Roadway segments
providing the bypass's connection with the existing
highways at its north termini shall be built to county
dedicable standards for secondary arterials, pursuant to
Chatper 23 of the Hawaii County Code, instead of the State
DOT standards for major arterials, in the case where the
roadway segment is consistent with a Department of
Transportation plan which provides for such segments to be
a lesser, connector road and for the later extension of the
arterial bypass highway to be substantially further north
or south before merging with other arterial roadways;
provided that the applicant shall enter into a
reimbursement agreement with the County which sets forth
the terms and conditions of reimbursement for costs
incurred for the construction, land acquisition and design
of the Mamalahoa Highway Bypass out of funds paid to the
state and/or county by other developers or landowners whom
the county may determine as benefiting from the Bypass
Highway and which funds are available to the county for
such purpose; and provided further, that the total amount
of reimbursement due to the applicant shall not exceed the
-30-
total cost of land acquisition, design and construction of
the Hypass Highway incurred by the applicant, less the pro
rata portion attributed to the subject property;
(M) Prior to Final Subdivision Approval of any portion within
Area 2 as shown in Exhibit "D" except for the golf course,
golf clubhouse, lodge, and related facilities, the
applicant shall:
(1) complete the construction of the Phase Two of the
Mamalahoa Bypass consisting of two lanes with
sufficient right-of-way for a total of four lanes as
shown in Exhibit "C", meeting with the approval of the
Department of Public Works, in consultation with the
State Department of Transportation-Highways Division;
and
(2) complete the construction of the Mamalahoa Bypass
channelization improvements at its intersection with
Mamalohoa Highway and Napo'opo'o Road, meeting with
the requirements of the Department of Public Works, in
consultation with the State Department of
Transportation-Highways Division;
(N) All roadway improvements stated in Condition L and M of
this ordinance shall be dedicated to the appropriate
government entity. Those improvements associated with the
Mamalahoa Highway Bypass shall be offered to the State
Director of Transportation pursuant to Section 264-1 of the
Hawaii Revised Statutes. Any connector roadways, and any
protion of the Mamalahoa Highway Bypass not accepted by the
State Director of Transportation shall be dedicated to the
County, as provided by law;
-31-
(O) To ensure that the Goals and Policies of the Recreational
Element of the General Plan are implemented, the applicant
shall provide a maximum of two acres of land abutting the
north side of Kona Scenic Park for public purposes prior to
Final Subdivision Approval of the subject property.
(P) In lieu of actual construction of infrastructural
improvements as required under Conditions D, F, H, K, L,
and M, the applicant may enter into an agreement with the
Planning Director to assure the county that the
infrastructural improvements will be constructed together
with the appropriate bond, surety or other security deemed
acceptable to the Planning Director and the Corporation
Counsel. Upon execution of such agreement and/or filing of
the security with the County, Final Subdivision approval
for the subject property or portions thereof shall be
granted prior to the actual construction of required
infrastructural improvements;
(Q) The Applicant shall participate in the funding and
construction of any regional roadway improvements as may be
required by the State Department of Transportation,
provided that any costs borne by the applicant shall be
credited and limited to the amount of its fair share
contribution for regional road and traffic impacts, as
required in Conditions L and M;
(R) It shall be demonstrated to the satisfaction of the
Planning Director that agricultural activity is being
conducted on the subdivided lots within three years from
the date of Final Subdivision Approval. For the purpose of
this condition, "agriculture" shall be defined as the
cultivation of crops, including but not limited to flowers,
vegetable, foliage, and fruits that are propagated for
economic or personal use. An agricultural activity will be
considered satisfactory:
-32-
(1) if such activity is implementing a conservation
program for the affected property(ies), as approved by
the applicable soil and water conservation district
directors and filed with the Soil Conservation Service;
(2) if it provides a source of income to the person(s) who
reside on the property; or
(3) if the property is dedicated for agriculture uses in
accordance with applicable Tag Department procedures
and that such agriculture dedication shall be made a
deed covenant and 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.
Each approved lot must comply with at least one of the
above requirements to satisfy the conditions of approval of
this ordinance;
(S) Restrictive covenants in the deeds of all the proposed lots
shall prohibit the construction of a second dwelling unit
on each lot; provided that this shall not preclude the
construction of a guest house as defined under Chapter 25
of the Hawaii County Code. 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;
-33-
(T) The Applicant shall pay its fair share contribution to
address potential regional impacts of the subject property
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 agricultural lot counts
are adjusted. The fair share contributions described below
shall be adjusted annually based on the percentage change
in the Honolulu Consumer Price Index (HCPI). The fair
share contribution for each agricultural zoned lot of the
subject property less than ten acres in size shall be based
on a maximum density for each lot as determined by the
zoning resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities, or any
combination thereof shall have a maximum combined value of
$ 4,701,205.74. In lieu of paying the fair share
contribution, the applicant may construct such
improvements/facilities related to park, fire, police,
solid waste disposal facilities, sewers and roads with the
approval of the appropriate agency(ies).
Any contributions required by this ordinance that eaceed
the fair share requirement of this proposed development
shall, at the applicant's request be credited towards any
of the applicant's future developments that require
infrastructural impact contributions;
(U) 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 subject property;
-34-
(V) In the event that the State Department of Education adopts
an educational facilities impact fee program, the applicant
shall participate in the requirements of the program;
(W) Comply with all applicable laws, rules, regulations and
requirements, including those of the Department of Health,
Fire, and the Department of Water Supply;
(X) 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;
(Y) An annual progress report shall be submitted to the
Planning Director prior to each anniversary date of the
approval of this change of zone. The report shall address
in detail the status of the development 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 Director
acknowledges that further reports are not required; and,
(Z) An extension of time for the performance of conditions
within the ordinance, with the exception of Condition C,
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;
-35-
(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) should the Applicant 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 not be met or
substantially complied with in a timely fashion, the Director
shall initiate rezoning of the area to its original or more
appropriate designation.
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.
-36-
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
• ~~.
COUNCIL MEMBER, COUNTY O HAWAII
..;•~.-~~ii
Hilo, Hawaii
Date of Introduction: May 11, 1994
Date of 1st Readinq: May 11, 1994
Date of 2nd Reading: June 15, 1994
Effective Date: June 28, 1994
APPROVED AS TO FORM AND LEGALITY:
CORPORATION //CO//U/NSEL//
DATED : CC /~l! /~r
-37-
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Om
ROBIN J. YAHIKU
co~~rv ct„r<
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
CONSTANCE R. KIRIU
~,p~fy co~~ty clcrt
BOBBY JEAN LEITHEAD-TODD
legialaficr Auditor
On Bill No. 182, Dr. 6, Ordinance No. 94-73 , reference is
made to map attached hereto, marked Exhibit "~_"
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.
I~~ T`1
l.C i ~.
~v ~~
ob'i~ J Yahiku
UNTY CLERK
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
Introduced By: Takashi Domingo
Date Introduced: May 11, 1994
First Reading: May 11, 1994
Published: NA
REMARKS:
May 11, 1994 - Deferred
Second Reading. June 15, 1994
To Mayor. .Tuna 15 1 94
Returned: June 28, 1994
Effective: June 28. 1994
Published: July 7. 1994
(DRAFT 5)
. p;T i,
~, , ~ - - -~I~,-v .
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI X
BONK-ABRAMSON
CHILDS X
DE L[MA X
DOMINGO X
HALE X
RA'rH
ROSEHILL X
SCHi711'E
5
(DRAFT 6)
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAHI X
BONK-ABRAMSON X
CHILDS X
DE LIMA X
DOMINGO X
HALE X
RATH X
ROSEHILL X
SCHUTTE X
5 4 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted bl/ the County Council and published as
indicated above.
APPROVED as to
FORMS and LEG LITY
~ ! ~
~~•tt? CORPOi2ATION C UNSE
COUNTY OF HA\'/All
Date ~ / 2t~ ~47
this 2 ~ day
19~_
f\x
R. COUNTY~WAII
COUNCIL CHAIRMAN
~`'" ~
i
COU C
Bill No.: 182 (Draft 6 )
Reference: C-71~~107
Ord. No.: ~`i ~ a7