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HomeMy WebLinkAboutORD 1995-064 1994-1996 COUNTY OF HAWAIL . STATE OF HAWAII BILL NO. 53 ORDINANCE NO. J5 64 AN ORDINANCE AMENDING SECTION 25-95G (PUAKO-ANAEHUOMALU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O), MULTIPLE FAMILY RESIDENTIAL (RM-3) AND (RM-4) AND RESORT-HOTEL (V-1.25) TO OPEN (0), MULTIPLE FAMILY RESIDENTIAL (RM-3) AND (RM-4) AND RESORT-HOTEL (V-1.25) AT WAIKOLOA, KALAHUIPUAA AND ANAEHOOMALU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-8-O1:PORTION OF 59 AND 6-8-22:PORTIOPIS CF 1, 3, 9, 5, 7, 9, 27 AND 32. BE IT ORDAINED HY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95G, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification oc' properties described Hereinafter as follows: NORTH COURSE The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-9): PARCEL 1/EXHIBIT "A": Beginning at the west corner of this parcel of land, tt~e coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 16,189.35 feet north and 26,588.51 feet west, thence running by azimuths measured clockwise from true south: 1. 295° 90' 979.52 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 230° 13' 533.26 feet along same; 3. 259° 00' 657.52 feet along same; 9. 59° 57' 542.86 feet along same; 5. 82° 53' 331.49 feet along same; 6. 98° 51' 157.00 feet along same; 7. 17° 50' 161.00 feet along same; 8. 67° 27' 523.00 feet along same; 9. 151° 19' 109.85 feet along same to the point of beginning and containing an area of 3.771 acres. (Refer to Parcel 1 as shown on Exhibit "A".) The d istrict classification of the following area situated a t Waiko loa, South Kohala, Hawaii, shall be Multiple F amily R esidential (RM- 9): PARCEL 2/E XHIBIT "A": Beginning at the north corner of this parcel of land, the coordinate s of sa id point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 17,507.39 feet no rth and 29,665. 43 feet west, thence running by azimuths measured clockwise from true south: 1. 300° 23' 134.96 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 353° 17' 144.00 feet along same; 3. 56° 16' 700.00 feet along same; 9. 224° 30' 745.96 feet along same; 5. 132° 39' 100.95 feet along same to the point of beginning and containing an area of 1.325 acres. (Refer to Parcel 2 as shown on Exhibit "A".) -2- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 3/EXHIBIT "A": Beginning at the southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 17,507.34 feet north and 29,665.43 feet west, thence running by azimuths measured clockwise from true south: 1. 120° 23' 212.04 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 130° 47' 213.51 feet along same; 3. 265° 50' 70.58 feet along same; 9. 312° 39' 372.29 feet along same to the point of beginning and containing an area of 0.313 acre. (Refer to Parcel 3 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-9): PARCEL 9/EXHIBIT "A": Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 18,099.94 feet north and 25,787.33 feet west, thence running by azimuths measured clockwise from true south: 1. 268° 03' 197.99 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 293° 27' 514.00 feet along same; -3- 3. 310° 97' 192.49 feet along same; 4. 85° 50' 98.72 feet along same; 5. 112° 00' 785.96 feet along same to the point of beginning and containing an area of 1.165 acres. (Refer to Parcel 4 as shown on Exhibit "A".) The district classification of the following area situated at waikoloa, South Kohala, Hawaii, shall be Open (0): PARCEL 5/EXHIBIT "A": Beginning at the southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 18,094.99 feet north and 25,787.33 feet west, thence running by azimuths measured clockwise from true south: 1. 88° 03' 75.64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 125° 12' 139.97 feet along same; 3. 292° 00' 200.04 feet along same to the point of beginning and containing an area of 0.071 acre. (Refer to Parcel 5 as shown on Exhibit "A".) The district classification of the following area situated at waikoloa, South Kohala, Hawaii, shall be Open (O): -4- PARCEL 6/EXHIBIT "A": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 17,886.69 feet north and 26,969.09 feet west, thence running by azimuths measured clockwise from true south: 1. 395° 36' 754.03 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 30° 38' 97.00 feet along same; 3. 167° 24' 14" 786.02 feet along same; 4. 294° 50' 8.66 feet along same to the point of beginning and containing an area of 0.369 acre. (Refer to Parcel 6 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4): PARCEL 7/EXHIBIT "A": Beginning at the west corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 16,979.94 feet north and 26,727.29 feet west, thence running by azimuths measured clockwise from true south: 1. 272° 09' 296.21 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 66° 45' 265.00 feet along same; 3. 155° 30' 126.70 feet along same to the point of beginning and containing an area of 0.385 acre. (Refer to Parcel 7 as shown on Exhibit "A".) -5- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 8/EXHIBIT "A": Beginning at the southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 16,974.99 feet north and 26,727.29 feet west, thence running by azimuths measured clockwise from true south: 1. 92° 04' 19.28 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 180° 55' 90.18 feet along same; 3. 335° 30' 99.91 feet along same to the point of beginning and containing an area of 0.009. acre. (Refer to Parcel 8 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 9/EXHIBIT "A": Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 17,086.77 feet north and 26,804.78 feet west, thence running by azimuths measured clockwise from true south: 1. 267° 10' 25.98 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 335° 30' 79.39 feet along same; -6- 3. 0° 55' 214.40 feet along same; 4. Thence along same, on a curve to the left with a radius of 1,170.00 feet, the chord azimuth and distance being: 346° 07' 597.74 feet; 5. 331° 19' 36.25 feet along same; 6. 65° 40' 60.17 feet along same; 7. 151° 19' 31.70 feet along same; 8. Thence along same, on a curve to the right with a radius of 1,230.00 feet, the chord azimuth and distance being: 166° 07' 628.40 feet; 9. 180° 55' 289.39 feet along same to the point of beginning and containing an area of 1.266 acres. (Refer to Parcel 9 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4): PARCEL 10/EXHIBIT "A": Beginning at the southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 17,086.77 feet north and 26,804.78 feet west, thence running by azimuths measured clockwise from true south: 1. 87° 10' 97.02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 133° 05' 229.00 feet along same; -7- 3. 76° 55' 191.85 feet along same; 9. 182° 96' 125.30 feet along same; 5. 193° 09' 45.00 feet along same; 6. 163° 11' 59.00 feet along same; 7. 136° O5' 96.00 feet along same; 8. 231° 47' 359.00 feet along same; 9. Thence along same, on a curve to the right with a radius of 738.33 feet, the chord azimuth and distance being: 333° 31' 17" 99.75 feet; 10. Thence along same, on a curve to the right with a radius of 870.00 feet, the chord azimuth and distance being: 398° 11' 03.5" 383.99 feet; 11. 0° 55' 179.59 feet along same to the point of beginning and containing an area of 3.205 acres. (Refer to Parcel 10 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 11/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 "PUU HINAI" being 16,299.62 feet north and 27,794.23 feet west, thence running by azimuths measured clockwise from true south: 1. 188° 10' 119.53 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -8- 2. 232° 20' 296.00 feet along same; 3. 213° 10' 959.00 feet along same; 4. 201° 95' 251.00 feet along same; 5. 256° 55' 87.15 feet along same; 6. 32° 18' 681.00 feet along same; 7. 39° 59' 930.81 feet along same to the point of beginning and containing an area of 0.722 acre. (Refer to Parcel 11 as shown on Exhibit "A".) The district classification of the following area situated at waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4): PARCEL 12/EXHIBIT "A": Beginning at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 16,169.56 feet north and 26,643.34 feet west, thence running by azimuths measured clockwise from true south: 1. 331° 19' 60.69 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 81° 31' 602.09 feet along same; 3. 100° 06' 508.00 feet along same; 9. 190° 50' 17.00 feet along same; 5. 274° 90' 385.00 feet along same; 6. 255° 20' 264.23 feet along same; 7. 271° 35' 404.00 feet along same; -9- 8. 295° 40 37.31 feet along same to the point of beginning and containing an area of 1.642 acres. (Refer to Parcel 12 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3): PARCEL 13/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 "PUU HINAI" being 14,307.80 feet north and 26,989.92 feet west, thence running by azimuths measured clockwise from true south: 1. 109° 42' 224.96 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 188° 35' 851.00 feet along same; 3. 175° 95' 98" 392.84 feet along same; 4. 261° 37' 656.06 feet along same; 5. Thence along same, on a curve to the right with a radius of 1,088.93 feet, the chord azimuth and distance being: 9° 43' 31" 590.23 feet; 6. Thence along same, on a curve to the right with a radius of 1,060.00 feet, the chord azimuth and distance being: 29° 12' 322.50 feet; 7. 37° 57' 252.66 feet along same; -10- 8. Thence along same, on a curve to the left with a radius of 650.00 feet, the chord azimuth and distance being: 31° 22' 30" 198.65 feet; 9. 24° 98' 229.83 feet along same to the point of beginning and containing an area of 15.212 acres. (Refer to Parcel 13 as shown on Exhibit "A".) The district classification of the following area situated aE Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 14/EXHIBIT "A": .Beginning at the southwest corner of this parcel of land, the coordi nates of said point of beginning referred to Government Survey T riangulation Station "PUU HINAI" being 15,580.80 feet nort h and 27,710.55 feet west, thence running by azimuths measured clockwise from true south: 1. 199° 17' 159.22 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 278° 30' 560.06 feet along same; 3. 355° 95' 98" 26.80 feet along same; 4. 75° 33' 69.54 feet along same; 5. 87° 54' 594.69 feet along same to the point of beginning and containing an area of 1.247 acres. (Refer to Parcel 19 as shown on Exhibit "A".) -11- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3): PARCEL 15/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 "PUU HINAI" being 15,027.64 feet north and 27,564.24 feet west, thence running by azimuths measured clockwise from true south: 1. 167° 00' 202.30 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 301° 00' 90.79 feet along same; 3. 347° 00' 198.00 feet along same; 9. 35° 25' 39.16 feet along same to the point of beginning and containing an area of 0.118 acre. (Refer to Parcel 15 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 16/EXHIBIT "A": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 15,027.64 feet north and 27,564.24 feet west, thence running by azimuths measured clockwise from true south: 1. 397° 00' 60.50 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 12° 15' 90" 126.93 feet along same; -12- 3. 165° 50' 125.00 feet along same; 4. 215° 25' 75.82 feet along same to the point of beginning and containing an area of 0.120 acre. (Refer to Parcel 16 as shown on Exhibit "A".) The district classification of the following area situated at waikoloa, South Kohala, Hawaii, shall be Open (O): PARCEL 17/EXHIBIT "A": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 19,942.78 feet north and 27,951.88 feet west, thence running by azimuths measured clockwise from true south: 1. 341° 00' 48.50 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 65° 15' 406.00 feet along same; 3. 120° 20' 112.00 feet along same; 4. 79° 27' 70.00 feet along same; 5. 254° 08' 507.73 feet along same; 6. 222° 03' 94.81 feet along same to the point of beginning and containing an area of 0.619 acre. (Refer to Parcel 17 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa and Kalahuipuaa, South Kohala, Hawaii, shall be Open (O): -13- PARCEL 18/EXHIBIT "A": Beginning at the south corner of this parcel of land, the coordinate s of said point of be ginning referred to Government Survey Tr iangulation Station "PUU HINAI" being 15,178.72 feet north and 28,033 .13 feet west, thence running by azimuths measured clockwise from true south: 1. 152° 09' 193.98 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 198° 21' 705.03 feet along same; 3. 98° 59' 650.00 feet along the remainders of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu and R.P. 7522, L.C. Aw. 9452, Apana 3 to H. Kalama; 9. 105° 34' 189.00 feet along the remainder Of R.P. 7522, L.C. Aw. 4952, Apana 3 to H. Kalama; 5. 129° 17' 156.00 feet along same; 6. 92° 22' 111.00 feet along same; 7. 331° 27' 375.00 feet along same; 8. 349° 29' 316.00 feet along the remainders of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu and R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama; 9. 13° 59' 134.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10. 171° 40' 207.09 feet along same; 11. 161° 45' 295.00 feet along the remainders of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu and R.P. 7522, L.C. Aw. 4952, Apana 3 to H. Kalama; -14- 12. 151° 10' 467.02 feet along the remainder of R.P. 7522, L.C. Aw. 9952, Apana 3 to H. Kalama; 13. 222° 00' 197.06 feet along same; 19. 305° 36' 50" 921.83 feet along same; 15. 278° 38' 661.79 feet along the remainders of R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama and R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16. 269° 18' 61.49 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 17. 289° 10' 114.94 feet along same; 18. 330° 10' 465.00 feet along same; 19. 341° 00' 393.96 feet along same to the point of beginning and containing an area of 4.153 acres. (Refer to Parcel 18 as shown on Exhibit "A".) The district classification of the following area situated at waikoloa, South Kohala, Hawaii, shall be Open (0): PARCEL 19/EXHIBIT "A": Beginning at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 16,885.39 feet north and 27,854.32 feet west, thence running by azimuths measured clockwise from true south: 1. 213° OS' S7" 193.92 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -15- 2. 354° 29' 67.99 feet along same; 3. 99° 96' 146.85 feet along same to the point of beginning and containing an area of 0.094 acre. (Refer to Parcel 19 as shown on Exhibit "A".) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Resort-Hotel (V-1.25): PARCEL 20/EXHIBIT "A": Beginning at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 16,885.39 feet north and 27,854.32 feet west, thence running by azimuths measured clockwise from true south: 1. 92° 55' 491.07 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 99° 03' 217.50 feet along same; 3. 210° 37' 168.66 feet along same; 9. 229° 96' 496.09 feet along same to the point of beginning and containing an area of 0.433 acre. (Refer to Parcel 20 as shown on Exhibit "A".) The district classification of the following area situated at Kalahuipuaa, South Kohala, Hawaii, shall be Open (O): PARCEL 21/EXHIBIT "A": Beginning at the east corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being -16- 16,437.78 feet north and 29,090.60 feet west, thence running by azimuths measured clockwise from true south: 1. 91° 20' 81.70 feet along the remainder of R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama; 2. 119° 20' 643.91 feet along the remainders of R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama and Land Court Application 1785; 3. 97° 30' 317.58 feet along the remainder of Land Court Application 1785; 4. 132° 48' 174.04 feet along same; 5. 218° 17' 34" 71.54 feet along same; 6. 282° 24' 57.65 feet along same; 7. 249° 17' 90.93 feet along same; 8. 269° 00' 51.00 feet along same; 9. 295° 23' 28.00 feet along same; 10. 399° 03' 130.00 feet along same; 11. 325° 59' 94.00 feet along same; 12. 266° 02' 89.00 feet along same; 13. 291° 59' 320.00 feet along the remainders of Land Court Application 1785 and R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama; 19. 301° 41' 929.00 feet along the remainder of R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama to the point of beginning and containing an area of 1.795 acres. (Refer to Parcel 21 as shown on Exhibit "A".) -17- SOUTH COURSE The district classificatio n of the following area situated at Anaeh oomalu, South Kohala, Hawaii, shall be Multiple Family R esidential (RM -4): PARCEL 1/ EXHIBIT "B": Beginning at the east corner of this parcel of land, the coordinat es of sa id point of be ginni ng referred to Governmen t Survey Triangulation Stat ion "PUU HINAI" being 10,203.27 feet no rth and 32,558 .16 f eet west, thence running b y azimuths measured clockwi se from true south: 1. 25° 53' 476.19 feet along the remainder of R .P. 7523, L.C. Aw. 9452, Apana 9 to H. K alama; 2. 115° 53' 92.38 feet along same; 3. 91° 15' 865.00 feet along same; 9. 70° 45' 675.00 feet along same; 5. 130° 15' 390.00 feet along same; 6. 111° 40' 890.00 feet along same; 7. 116° 00' 556.00 feet along same; 8. 130° 10' 591.00 feet along same; 9. 177° 90' 201.00 feet along same; 10. 323° 00' 591.82 feet along same; 11. 283° 30' 986.35 feet along same; 12. 292° 29' 721.00 feet along same; 13. 336° 35' 68.00 feet along same; 14. 291° 43' 320.00 feet along same; 15. 262° 53' 68.00 feet along same; 16. 253° 20' 195.00 feet along same; -18- 17. 249° 55' 458.00 feet along same; 18. 259° 08' 192.58 feet along same; 19. 237° 02' 63.86 feet along same; 20. 215° 02' 285.00 feet along same; 21. 224° 98' 299.00 feet along same; 22. 211° 06' 355.00 feet along same; 23. 295° 53' 215.51 feet along same to the point of beginning and containing an area of 17.889 acres. (Refer to Parcel 1 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): PARCEL 2/EXHIBIT "B": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,618.98 feet north and 32,696.82 feet west, thence running by azimuths measured clockwise from true south: 1. 302° 55' 321.19 feet along the remainder of R.P. 7523, L.C. Aw. 9452, Apana 4 to H. Kalama; 2. 324° 17' 3. 19° 50' 4. 31° 35' 5. 26° 10' 6. 31° 25' 7. 49° 00' 190.16 feet along same; 324.00 feet along same; 570.00 feet along same; 425.00 feet along same; 212.00 feet along same; 702.00 feet along same; -19- 8. 69° 55' 958.00 feet along same; 9. 128° 95' 285 .00 feet along same; 10. 113° 55' 925 .00 feet along same; 11. 129° OS' 329 .00 feet along same; 12. 191° 35' 190 .33 feet along same; 13. 293° 31' 259 .25 feet along same; 19. 316° 07' 293 .94 feet along same; 15. 245° 02' 781 .92 feet along same; 16. 309° 35' 98 .70 feet along same; 17. 271° 20' 217 .00 feet along same; 18. 222° 55' 392 .00 feet along same; 19. 172° 15' 125 .29 feet along same; 20. 248° 15' 280 .71 feet along same; 21. 215° 58' 117 .00 feet along same; 22. 211° 35' 580 .00 feet along same; 23. 121° 35' 116. 00 feet along same; 29. 69° 52' 85. 00 feet along same; 25. 61° 17' 447. 00 feet along same; 26. 80° 46' 130. 75 feet along same; 27. 172° 15' 12. 66 feet along same; 28. 193° 40' 280. 00 feet along same; 29. 209° 95' 221. 24 feet along same; 30. 292° 20' 195. 70 feet along same; 31. 221° 59' 274. 38 feet along same to the point of be ginning and conta ining an area of 26.42 4 acre s. (Refer to Parce l 2 as shown on Exhib it "B" .) -20- The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4): PARCEL 3/EXHIBIT "B": Beginning at the south corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10,006.79 feet north and 33,687.31 feet west, thence running by azimuths measured clockwise from true south: 1. 129° 35' 361.30 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 87° O5' 611.00 feet along same; 3. 250° 36' 377.00 feet along same; 4. 260° 18' 429.97 feet along same; 5. 214° 90' 465.97 feet along same; 6. 260° 46' 325.25 feet along same; 7. 352° 15' 493.05 feet along same; 8. 68° 15' 94.29 feet along same; 9. 53° 21' 931.00 feet along same; 10. 65° 02' 120.98 feet along same to the point of beginning and containing an area of 10.166 acres. (Refer to Parcel 3 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4): -21- PARCEL 4/EXHIBIT "B": Beginning at the south corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9,992.06 feet north and 34,837.64 feet west, thence running by azimuths measured clockwise from true south: 1. 113° 31' 179.75 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 9 to H. Kalama; 2. 192° 36' 82.00 feet along same; 3. 269° 50' 304.67 feet along same; 4. 71° 95' 135.26 feet along same; 5. 11° 35' 139.67 feet along same to the point of beginning and containing an area of 0.553 acre. (Refer to Parcel 9 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-9): PARCEL 5/EXHIBIT "B": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10,696.92 feet north and 36,231.80 feet west, thence running by azimuths measured clockwise from true south: 1. 311° 98' 40.39 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 338° 39' 399.00 feet along same; 3. 87° 40' 159.00 feet along same; _22_ 9. 177° 90' 405.35 feet along same to the point of beginning and containing an area of 0.823 acre. (Refer to Parcel 5 as shown on Exhibit "B".); The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): PARCEL 6/EXHIBIT "B": Beginning at the south corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10,696.92 feet north and 36,231.80 feet west, thence running by azimuths measured clockwise from true south: 1. 131° 98' 429.61 feet along the remainder of R.P. 7523, L.C. Aw. 9452, Apana 9 to H. Kalama; 2. 187° 53' 189.14 feet along same; 3. 129° 51' 126.09 feet along same; 9. 210° 40' 71.62 feet along same; 5. 196° 95' 110.28 feet along same; 6. 291° 50' 63.27 feet along same; 7. 285° 95' 169.81 feet along same; 8. 266° 05' 166.58 feet along same; 9. 6° 30' 566.33 feet along same; 10. 357° 40' 155.65 feet along same to the point of be ginning and containing an area of 9.695 acres . (Refer to Parcel 6 as shown on Exhibit "B" .) -23- The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort-Hotel (V-1.25): PARCEL 7/EXHIBIT "B": Beginning at the northea st corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triang ulation Station "PUU HINAZ" being 11,622.08 feet north and 35,559.69 feet west, thence running by azimuths meas ured clockwise from true south: 1. 12° 05' 266.00 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 355° 20' 32.52 feet along same; 3. 70° 11' 153.78 feet along same; 9. 163° 99' 108.00 feet along same; 5. 249° 15' 64.00 feet along same; 6. 222° 03' 77.00 feet along same; 7. 199° 29' 63.00 feet along same; 8. 175° 50' 50.00 feet along same; 9. 165° 27' 45.88 feet along same; 10. 266° 10' 110.79 feet along same to the point of beginning and containing an area of 0.811 acre. (Refer to Parcel 7 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Open (O): -24- PARCEL 8/EXHIBIT "B": Beginning at the southwest corn er of this parcel of land, the coordi nates o f said point o f beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10,395.72 feet no rth and 35,970 .92 feet west, thence runn ing by azimut hs measured cl ockwise from true south: 1. 166° 15' 414.00 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 9 to H. Kalama; 2. 175° 20' 533.48 feet along same; 3. 250° 11' 84.09 feet along same; 4. 218° 02' 162.62 feet along same; 5. 305° 40' 199.00 feet along same; 6. 279° 30' 153.82 feet along same; 7. 352° 16' 253.93 feet along same; 8. 19° 98' 131.80 feet along same; 9. 318° 09' 179.00 feet along. same; 10. 279° 94' 214.00 feet along same; 11. 325° 32' 99.00 feet along same; 12. 357° 35' 34.00 feet along same; 13. 295° 22' 125.00 feet along same; 14. 219° 17' 114.00 feet along same; 15. 298° 51' 89.00 feet along same; 16. 273° 10' 530.00 feet along same; 17. 359° 95' 30.52 feet along same; 18. Thence along same, on a cur ve to the left with a radius of 600.00 feet, the chord azimuth and distance being: 86° 97' 30" 269.09 feet; -25- 19. 73° 50' 1,091.00 feet along same; 20. 82° 30' 182.00 feet along same to the point of beginning and containing an area of 19.059 acres. (Refer to Parcel 8 as shown on Exhibit "B".) The district classi ficatio n of the following area situated a t Anaehoomalu, South Kohala, Hawaii, shall be Resort-Hot el (V-1.25): PARCEL 9/E XHIBIT "B": Beginning at the northea st corner of this parcel of land, the coordi nates of said point of beginning referred to Government Survey Triang ulation Station "PUU HINAI" being 11,871.96 feet north and 33,969 .02 feet west, thence running by azimuths meas ured clockwise from true south: 1. 337° 20' 59" 76.37 feet along the remainder of R.P. 7523, L.C. Aw. 9952, Apana 9 to H. Kalama; 2. 327° 59' 41" 113.21 feet along same; 3. 92° 36' 45" 101.27 feet along same; 4. 76° 37' 52" 270.16 feet along same; 5. 51° 59' 40" 188.04 feet along same; 6. 74° 07' 49" 152.80 feet along same; 7. 102° 40' 170.00 feet along same; 8. 122° 55' 43.00 feet along same; 9. 55° 05' 211.00 feet along same; 10. 107° 55' 139.00 feet along same; 11. 84° 00' 150.00 feet along same; 12. 99° 30' 7.18 feet along same; -26- 13. 172° 16' 83.35 feet along same; Thence along highwater mar k at seashore, for the next seven (7) courses, the direct azimuths and distances between points being: 14. 269° 37' 317,00 feet; 15. 227° 09' 257.00 feet; 16. 336° 59' 149.00 feet; 17. 270° 23' 50" 90.70 feet; 18. 293° 92' 25" 262.55 feet; 19. 208° 18' 269.00 feet; 20. 272° 94' 108.00 feet; 21. 251° 00' 89.29 feet along same to the point of beginning and containing an area of 3.837 acres. (Refer to Parcel 9 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort-Hotel (V-1.25): PARCEL 10/EXHIBIT "B": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,871.46 feet north and 33,969.02 feet west, thence running by azimuths measured clockwise from true south: 1. 318° 59' 295.96 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 308° 55' 534.30 feet along same; -27- 3. 27° 30' 478.79 feet along same; 9. 9° 25' 88.00 feet along same; 5. 59° 49' 131.00 feet along same; 6. 100° 91' 112.00 feet along same; 7. 83° 28' 133.23 feet along same; 8. 179° 95' 615.48 feet along same; 9. 136° 19' 90" 257.71 feet along same; 10. 256° 37' S2" 270.16 feet along same; 11. 222° 36' 95" 101.27 feet along same; 12. 147° 59' 91" 113.21 feet along same; 13. 157° 20' S9" 76.37 feet along same to the point of be ginning and containing an area of 9.938 acres . (Refer to Parcel 10 a s shown on Exhibit "B" .) The di strict classification of the fol lowing area situ ated at Anaehoomalu, South K ohala, Hawa ii, shall be Open (O): PARCEL 11/EXHIBIT "B": Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10,768.70 feet north and 33,976.79 feet west, thence running by azimuths measured clockwise from true south: 1. 263° 28' 133.23 feet along the remainder of R.P. 7523, L.C. Aw. 4952, Apana 9 to H. Kalama; 2. 280° 91' 112.00 feet along same; 3. 239° 99' 131.00 feet along same; _28_ 4. 9° 25' 254.00 feet along same; 5. Thence along same, on a curve to the left with a radius of 600.00 feet, the chord azimuth and distance being: 116° 12' 30" 339.98 feet; 6. 174° 45' 30.52 feet along same to the point of beginning and containing an area of 0.778 acre. (Refer to Parcel 11 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort-Hotel (V-1.25): PARCEL 12/EXHIBIT "B": Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,350.23 feet north and 33,391.88 feet west, thence running by azimuths measured clockwise from true south: 1. 308° 55' 196.30 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 62° 20' 33.12 feet along same; 3. 50° 18' 997.73 feet along same; 4. 207° 30' 478.79 feet along same to the point of beginning and containing an area of 1.022 acres. (Refer to Parcel 12 as shown on Exhibit "e".) _29_ The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3): PARCEL 13/EXHIBIT "B": Beginning at the west corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,350.23 feet north and 33,391.88 feet west, thence running by azimuths measured clockwise from true south: 1. 207° 30' 309.21 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 9 to H. Kalama; 2. 132° 00' 121.00 feet along same; 3. 290° 28' 358.62 feet along same; 9. 6° 00' 191.00 feet along same; 5. 29° 95' 67.76 feet along same; 6. 62° 20' 209.40 feet along same; 7. 128° 55' 196.30 feet along same to the point of beginning and containing an area of 2.988 acres. (Refer to Parcel 13 as shown on Exhibit "B".) The di strict classi fication of the following area situated at Anaehoomalu, South K ohala, Hawaii, shall be Multiple Fa mily Residential (RM- 3): PARCEL 19/EXHIBIT "B": Beginning at the east corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,618.98 feet north and 32,696.82 feet west, thence running by azimuths measured clockwise from true south: -30- 1. 91° 59' 274.38 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 9 to H. Kalama; 2. 62° 20' 195.70 feet along same; 3. 204° 45' 67.76 feet along same; 9. 186° 00' 191.00 feet along same; 5. 293° 05' 236.00 feet along same; 6. 302° 55' 116.86 feet along same to the point of beginning and containing an area of 1.307 acres. (Refer to Parcel 19 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3): PARCEL 15/EXHIBIT "B": Beginning at the south corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,618.98 feet north and 32,696.82 feet west, thence running by azimuths measured clockwise from true south: 1. 122° 55' 116.86 feet along the remainder of R.P. 7523, L.C. Aw. 9952, Apana 9 to H. Kalama; 2. 63° O5' 121.00 feet along same; 3. 202° 04' 94.42 feet along same; 9. 158° 17' 181.29 feet along same; 5. 173° 90' 59.16 feet along same; 6. 189° 24' 65.00 feet along same; 7. 234° 18' 170.76 feet along same; -31- 8. 29° 15' 102.92 feet along same; 9. 311° 15' 270.00 feet along same; 10. 283° 00' 118.73 feet along same; 11. 91° 59' 259.83 feet along same to the point of beginning and containing an area of 2.133 acres. (Refer to Parcel 15 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu and Kalahuipuaa, South Kohala, Hawaii, shall be Open (0): PARCEL 16/EXHIBIT "B": Beginning at the south corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11,579.36 feet north and 31,890.96 feet west, thence running by azimuths measured clockwise from true south: 1. 115° 55' 378.00 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 103° 00' 300.27 feet along same; 3. 221° 59' 429.80 feet along same; 9. 129° 34' 75.00 feet along same; 5. 97° 11' 390.00 feet along same; 6. 59° 18' 198.24 feet along same; 7. 209° 15' 46.44 feet along same; 8. 239° 18' 253.92 feet along same; 9. 271° 90' 610.00 feet along the remainders of R.P. 7523, L.C. Aw. 4452, Apana 9 to -32- H. Kalama and R.P. 7522, L.C. Aw. 9952, Apana 3 to H. Kalama; 10. 300° 00' 361.89 feet along the remainder of R:P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama; 11. 25° 53' 574.51 feet along the remainders of R.P. 7522, L.C. Aw. 4452, Apana 3 to H. Kalama and R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 8.967 acres. (Refer to Parcel 16 as shown on Exhibit "B".) The district classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3): PARCEL 17/EXHIBIT "B": Beginning at the south corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10,675.15 feet north and 36,915.99 feet west, thence running by azimuths measured clockwise from true south: 1. 140° 30' 55" 437.85 feet along Waikoloa Beach Resort, along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 2. 239° 00' 136.92 feet along the remainder of R.P. 7523, L.C. Aw. 4452, Apana 4 to H. Kalama; 3. 297° 15' 156.35 feet along same; 4. 264° 20' 157.12 feet along same; 5. 258° 15' 129.76 feet along same; -33- 6. 210° 40' 63.90 feet along same; 7. 309° 51' 126.09 feet along same; 8. 7° 53' 189.14 feet along same; 9. 49° 95' 476.10 feet along same to the point of beginning and containing an area of 9.672 acres. (Refer to Parcel 17 as shown on Exhibit "B".) All as shown on the map attached hereto, marked Exhibit "A" and Exhibit "B" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: A. The applicant, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval for the consolidation and resubdivision of the properties to conform with the approved zone district boundaries shall be secured within three years from the effective date of the change of zone. C. Archaeological mitigation shall be conducted as follows: 1. An archaeological inspection shall be conducted for the North Course Area (NCA), which recommendations shall be approved by the Planning Department, in consultation with the Department -34- of Land and Natural Resources-Historic Sites Division prior to submitting plans for subdivision review of the NCA parcels. If further survey work and mitigation are required, detailed mitigation plans shall be approved by the Planning Department, in consultation with the Department of Land and Natural Resources, prior to Final Subdivision approval or any land alterations of the project site. 2. A preservation plan and burial treatment plan for the South Course Area (Hotel Site 3) 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 submittal of plans for subdivision review or any land alteration activities within the project site. The applicant shall obtain written verification from the Department of Land and Natural Resources-Historic Sites Division that applicable portions of the approved plan have been properly executed prior to the issuance of Final Subdivision Approval or commencing any land alteration activities within the project site. -35- D E F G H An emergency road reserve connecting to the southern property shall be set aside. The location of this road and its improvements shall be coordinated with the owner(s) to the south. A minimum 100-foot setback from the certified shoreline shall be maintained for the main structure of Hotel #3. Structures and activities proposed within the minimum 40-foot shoreline setback area shall comply with Rule 8 of the Planning Commission. The applicant shall comply with all applicable change of zone ordinances and Special Management Area Use Permits which affect the subject properties. 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 Zmpact Fees Ordinance. An initial extension of time for the performance of conditions within the 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; -36- 2. Granting of the time extension would not be contrary to the General Plan or the Zoning Code; 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 9. 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). I. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -37- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ ~~, ,~ CbUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: April 19, 1995 Date of 1st Reading: April 19, 1995 Date of 2nd Reading: May 3, 1995 Effective Date: May 10, 1995 APPROVED AS TO FORM AND LEGALITY: /' Cc; UlY CORPORATIONGC/~OiUNSEL DATE: ~/0(7~ -38- .,. ., ..: ., ,- ~~ ~i ~jl ~F cwa ~ ~ ~.: cz.~~a`- a Z ~ ~'6 N~~~; f w°~d~~ o~t~; Z Y R ~~ / ~, Y ~~ ~ p ~~~ ~~1 ~ d~~ :: Q ~~ B89Q ~\_ ~ '. J,3' {F ~~ / I \ \' ~ ~ ~\ i d~'- y, ~ ~ ( 79• nf- b ~\ 1 \ Ei v ~ ~r \ a1 is as 1 ~~ ` fd ~ \ is s ;'~ k1 ~a t! - a i T '1 i. a _y ~ ; F9 ~ 1 3 N ~ S. .: ~ s0 ~a7 .pia • ~y .. V \ '" (( ~ .,r r. ~1 ~ i 61 ~ °8 ~ ~ i ~~y Io (f ~yJ ` t =c i ~ ~ ~~ 1 uG (7 S a i O. .-h '....~~i S r6 ..~, as a ~~.: ., ,EC is ~ u i ,R„,... i s ~ v z y Z ~~ it a~a. p,, ~ n s .~. ~ 4 : ' / Z `'~ , ~ i~ er' °~ z ~4~~ 1 1 .. 0 1 1~ ~... r'A' ; i. ii .i a. N ~~_ t a e~~~9~ ~~ ti~~i~ ~ . ~ 0 i [ ,~ it t Y t _ E~ m ~ ~y ~ ~7a ~9 R ~~ is u; l ~ ~ i .: ii u w :5 b y 11 a .. - i I i i.a~ n Y • ~ • q, EFE~i as ii E ~~a u~ y~ r i. ~ cP ~ :. j- , m - .` ~~~~JJ{{ 3'~ •, N~ 1 ;a~. ~ 19 ~!0 L c~ • 3 . i 1 \ ~ ~ a i i ~~ - ~ :. ;: ~~ a ~ ium;; 3i;E~- t ~1 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii Introduced By: Keola Childs Date Introduced: April 19, 1995 First Reading: April 19, 1995 Published: N/A REMARKS: Second Reading: May 3 , 1995 To Mayor: May 4, 1995 Returned: May 10, 1995 Effective: May 10, 1995 Published May 17, 1995 REMARKS: ROLL CALL VOTE AYES NOES ABS EX Arakaki }{ Bonk-Abramson X Childs X De Lima X Domingo X Osorio X Rath }{ Ray X Smith }( 9 0 0 0 ROLL CALL VOTE AYFS NOES ABS EX Arakaki Bonk-Abramson }< Childs X De Lima }( Domingo X Osorio X Rath X Ray X Smith X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. gFpROVeD n: to C:JR?C2:,i1~;.2 COUra SEL CCUN7Y OF HAWAII Date ~~Y 9 1995. Ayproved/ ro t u of ~~'21. .19 9'1~ OR, COLiN7YO WA77 ~~a0~~ CLERK Bill No.: 63 Refnrnce: C-2 PC- 2 c Ord No.: