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Home My WebLink AboutORD 1995-070 1994-1996COUNTY OF HAWAI_I~`:~STATE OF HAWAII BILL NO. Z2S (Dra=t ^~ ORDINANCE '`TO. 95 70 AN ORDINANCE AMENDING SECTION 25-36 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTUPAL (A-la), (A-3 a), (A-200a), (A-255a) AND (A-8000a) AT KEAL.AKEKUA, KILOA, WAIPUNAULA, KALArLA KUMU, AND K.ALANLAKOWALI, SOUTH KONA, HAWAII, COVERED BY TAX M.AP KEY 8-2-12:12 AND A PORTION OF 1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-86, 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 Kealakekua, South Kona, Hawaii, shall be Agricultural (A-BOOOa): °ARCEL A: Beginning at the Southwest corner of this parcel of land, being also the Southeast corner of Parcel C, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU", being 8,399.29 feet South and 40,509.01 feet East and thence running by azimuths measured clockwise from true South: 1. 190° 00' 604.85 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 2. 184° 00' 485.00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 3. 182° 00' 665.00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission ~- 7r Award 8452: 9 to A. Keohokalole; 4. 177° 00' 987.00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 5. 175° 30' 280 .00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 6. 178° 00' 255 .00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 7. 175° 30' 450 .00 feet along Parcel C, along - remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 8. 181° 30' 210. 00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 9. 180° 45' 255. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 10. 179° 15' 625. 00 feet along Parcel S, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 11. 169° 30' 403. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. hechokalole; -L lz 13 14 15 16 17 18 19 ~7'° 40~ 300.00 '_", along Parc=_1 B, along -~~a'_nder .~ 3oya_ ?ate-_*_- 7533 and 3607, Land Com~;._ss-q^: .=,warc 8452. _'+ ~c y. Keohokalole; 17S 20' 205.00 feet along Parcel 3, alonc remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 182° 30' 310 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 83° 00' 81 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 179° 40' 783 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 177° 30' 130. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 176° 50' 515. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 36D7, Land Commission Award 8452: 9 to A. Keohokalole; 60° 00' 60. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 20. 148° 00' 591.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission -3- Award 8452: 9 to A. Keohokalole; 21. 153° 00' 590 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 22. 148° 00' 500 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 23. 157° 00' 290 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 24. 166° 00' 240 .00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 25. 170° 00' 315. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 26. 175° 00' 215. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 27. 183° 00' 185. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 28. 151° 00' 150. 00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; -~- 29. 63° 30. 5c 31. 63° 32. 56° 33. 59° 34. 68° 35. 74° 36. 91° 37. 62° 00' 7?5.~0 feet along Parcel 3, alo e _emaind=_- o Royal Patents %533 and 3007, Land Commission Award a4~2: 9 to A. Keohokalole; _5~ 95.00 feet along Parcel B, along _emainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 30' 625.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 00' 368.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 00' 212.D0 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 00' 145.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 00' 595.00 feet along Parcel B, along remainder of Royal Patents 7533 and 36D7, Land Commission Award 8452: 9 to A. Keohokalole; 20' 468.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to R. Keohokalole; 30' 240.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission -5- Award 8452: 9 to A. 38. 78° 00' 39. 351° 00' 40. 80° 48' 41. 236° 53' S0" 42. 293° 30' 43. 244° 30' 44. 293° 30' 45. 281° 10' 46. 265° 00' 47. 274° 08' 11" 48. 256° 42' 37" cc. 357° 1g~ =5~~ Keohokalole; 2,926.00 feet along Parcel B, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 1,340.00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 4,110.00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 14,822.76 feet along Royal Patents 4386 and 7532, Land Commission Award 8452, Apana 11 to A. Keohokalole; 2,376.00 feet along Grant 3155 to H.N. Greenwell; 3,OBZ.83 feet along Grant 3155 to H.N. Greenwell; 3,286.45 feet along Grant 3155 to H.N. Greenwell; 2,739.00 feet along Grant 3155 to H.N. Greenwell; 2,574.00 feet along Grant 3155 to H.N. Greenwell; 5,800.94 feet along Grant 3155 to H.N. Greenwell; 5,645.69 feet along Royal Patent 7844 Land Commission Award 7715, Apana 12 to Lota Kamehameha; ,224.10 feet along Royal Patent 7844 Land Commission Award 7715, ypana i2 tc Lota Kamehameha; -6- 50. 355° CS 03 _,92~ - 25 _ __~ along .°.oya_ ?'ten'. 784=, _,...._.. '-~.i1m15S1J`~ Aw3rq 7715 , ?para. ~2 to iota :Camehame_. , ~i. 344 06' _., ~,3>., 22 _ee- ~ _ aloe 3oyal Patent 7854, Lane Co ;;,_ss.on Aware 77'5 , Apana _? :.o Lota Kamehameha; 52. 13° 08' 43" 2,720 .25 feet along Royal Patent 7844 , Land Commission Award 7715, Apana 12 to Lota Kamehameha; 53. 36° 41' S2" 4,453. 95 feet along Royal Patent 7844, Land Commission Award 7715, Apana 12 to Lota Kamehameha; 54. 86° 20' 35" 4,810. 89 feet along Royal Patent 7844, Land Commission Award 7715, Apana 12 to Lota Kamehameha; 55. 102° 43' 24" 4,468. 67 feet along Royal Patent 7844, Land Commission Award 7715, Apana 12 to Lota Kamehameha; 55. 95° 31' 02" 13,828. 78 feet along Royal Patent 4513, Mahele Award. 32 to Kanele, to the point of beginning and containing an area of 8,761.309 acres, and excluding Parcel D (255 acres) and Exclusion 1 (400 acres) leaving a net area of 8,106.309 acres. (Refer to Parcel A, Parcel D, and Exclusion 1 as shown on Exhibit "A" - Description of Exclusion 1 follows.) EXCLUSION 1: (SITUATED AT KEALAKEKUA, SOUTH KONA, HAWAII) Beginning at the Southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU", being 3,462.92 feet South and 56,389.37 feet East and thence running by azimuths measured clockwise from true South: 1. 104° 00' 1,667.59 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole; 2. 104° 36' 37" 368.02 feet along remainder of Royal -7- 3 4 5 6 7 8 c Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole and also the southerly boundary of Lot 1-B; 137° 51' 14" 907.79 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole and also the southerly boundary of Lot 1-H; 94° 22' 45" 515.44 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole and also the southerly boundary of Lot 1-B; 88° 09' 13" 87.94 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole and also the southerly boundary of Lot 1-B; 101° 40' S3" 339.46 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole and also the southerly boundary of Lot 1-B; 140° 46' 46" 360.57 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole and also the southerly boundary of Lot 1-B; 197° 41' 11" 320.09 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 5 to A. Keohokalole and also the southerly boundary of Lot 21°° 45' __ 131.36 `eet along remainder of Roval Patents 7533 and 3607, Land Ccmmission Award 8452, Apana -8- 9 to .=,. Keor.okalol_ and also ~.. sontner_.y hocndar_: o' - _~ _ 3 10. 163' 33' S6^ ZO S.O^ _-_;. along -emaiader of Royal ?atents 7533 and 30607 " wand Commission Award 8452, Agana 9 to A. Keohokalole and also the southerly boundary of Lot 1-g; 11. 173° O1' 29° 318.79 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, ADa P.a 9 to A. Keohokalole and also the southerly boundary of Lot 1-B; 12. 169° 00' 935 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Agana 9 to A. Keohokalole; 13. 139° 00' 800 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Agana 9 to A. Keohokalole; 14. 152° 00' 770 .00 feet along remainder of Rova1 Patents 7533 and 3607, Land Commission Award 8452, Agana 9 to A. Keohokalole; 15. 174° 00' 855. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Agana 9 to A. Keohokalole; 16. 270° 00' 795. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Agana 9 to A. Keohokalole; 17. 320° 00' 245. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Agana 9 to A. Keohokalole; 18. 297° 00' 1,120. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Agana -9- 9 to A. Keohokalole; 19. 275° 00' 675.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole; 20. 252° 00' 450.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole; 21. 278° 00' 1,000.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole; 22. 250° 00' 500.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole; 23. 225° 00' 429.84 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole; 24. 0° 00' 5,243.63 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452, Apana 9 to A. Keohokalole, to the point of beginning, and containing an area of 400 acres. (Refer to Exclusion 1 as shown on Exhibit "A".) The district class ification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Agricultural (A-3a): PARCEL B: Beginning at the Southwest corner of this parcel of land, being also the Southeast corner of Parcel E, the coordinates of said point of beginning referred to Government Sur/ey Triangulation Station "PUU OHAU" being 7,428.0'_ feet Sou*_h and ?D,453.ao feet East and thence running by azimuths measured clockwise _rcm true South: -. 17~° OC' .,08D.OC feet along Parcel E, aiona _,D_ _emaind=_° o= Royal patens 7333 ar.d 3507, Land Comr.issio_- Award „452. 9 to A. Kechoka'_o1e; 2. 33° 30' ~,925.C0 ~eet alo Parcel alo:.~ .. remainder o~ Royal ?atents 7533 and 3507, Land Commission Award 8452: 9 to A. Keohokalole; 3. 146° 30' 524 .96 feet along Parcel E, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 4. 236° 53' S0" 1,030 .00 feet along Royal Patents 438'0 and 7532, Land Commission Award 8452, Apana 11 to A. Keohokalole; 5. 260° 48' 4,110 .00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 5. 171° 00' 1,340 .00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 7. 258° 00' 2,926. 00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 8. 242° 30' 240. 00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 9. 271° 20' 468. 00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; -11- 10 11 12 13 14 15 16 17 -.g 254° 00' 595.00 feet along Parcel R, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 248° 00' 145.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 239° 00' 212.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 236° 00' 368.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 243° 30' 625.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 234° 45' 952.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 243° 00' 775.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 11° 00' 150.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; OC' '_65.00 =eet along Parcel A, along remainder of Royal Patents 75_3 and 3607, Land Commission _~2_ 20 21 22 23 24 25 26 •-. -~~~ho.l t3.Qj~; 355° _1 ~.C0 feet along ?areal . ai:-:c ~ remainder of 3oyal Pater.ts 7533 and 3507, Lard Cor:,mission Award 9552: ? to =+. Keohokalole; 350° 00' 315.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 346° 00' 240 .00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 337° 00' 290 .00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 328° 00' 500 .00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 333° 00' 590. 00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 328° 00' 591. 00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 240° 00' 60. 00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; -13- 27 28 29 30 31 32 33 34 35 356° 50' 515.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 357° 30' 130.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 359° 40' 783.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 263° 00' 81.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 2° 30' 310.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 354° 20' 205.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 355° 40' 300.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 349° 30' 403.00 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 3~-°° 1-" '025.00 feet along Parcel A, alonc remainder of Royal Patents 7533 and 3607, Lard Commission _~~_ :,ware 8-~? . 0 to 30. 00° .5' 255.00 feet along ?arc=_i .y , 31 O.^. G remainder ~~ Royal Patents 7533 and 3'07, Land Comm~ss~o ~~ Rward 8452: 9 to ... Keohokalole; 37. 1° 30' 79.65 feet along Parcel A, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 38. 101° 00' 777.11 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 39. 40° 00' 3,346.73 feet along Parcel C, along remainder of Royal Patent-s 7533 and 36D7, Land Commission Award 8452: 9 to A. Keohokalole; 40. 6° 00' 1,145.00 feet along Parcel C, along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 41. 95° 31' 02" 7,102.32 feet along Royal Patent 4513, Mahele Award 32 to Kanele, to the point of beginning and containing an area of 1,645.207 acres. (Refer to Parcel B as shown on Exhibit .. A .. , ) The district classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Agricultural (A-200a): PARCEL C: Beginning at the Southeast corner of this parcel of land, being also the Southwest corner of Parcel A, the coordinates of said point of beginning referred to -15- Government Survey Triangulation Station "PW OHAU", being 8,399.29 feet South and 40,509.01 feet East and thence running by azimuths measured clockwise from true South: 1. 95° 31' 02" 3,000.00 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 2. 186° 00' 1,145.00 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 3. 220° 00' 3,346.73 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 4. 281° 00' 777.11 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 5. 1° 30' 130.35 feet along Parcel A, along Royal Patent 4513, Mahele Award 32 to Kanele; 6. 355° 30' 450.00 feet along Parcel A,. along Royal Patent 4513, Mahele Award 32 to Kanele; 7. 358° 00' 255.00 feet along Parcel A, along Royal Patent 4513, Mahele Award 32 to Kanele; 8. 355° 30' 280.00 feet along Parcel A, along Royal Patent 4513, Mahele Award 32 to Kanele; 9. 357° 00' 987.00 feet along Parcel A, along Royal Patent 4513, Mahele Award 32 to Kanele; i0. 2° 00' 665.00 feet along Parcel A, along Royal Patent 4513, Mahele Award 32 to Kanele; 11. 4° 00' 485.00 feet along Parcel A, along Royal latent 4513, Mahele Award 32 to Kanele; .2. i0° 00' E04.85 `eet along ?arcel A, along Royal Patent 4513, Mahele Award ~2 to Kanele, to the -15- ooinr of b=_ginning and containing an area o_ 2C~ aces, more or 1=_ss. (R=_fer to Parcel as s~.ow; on Exhibit "A".) Th= district classification. of the followinc area situated at Kealakekua, South Kona, Hawaii, shall be Agricultural (A-255a): PARCEL D: Beginning at the Southwest corner of this parcel of land, being the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU", being c,7D3.10 feet South and 42,634.04 feet East and thence running by azimuths measured clockwise from true South: 1. 183° 00' 1,180 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 2. 153° 00' 1,230 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 3. 258° 30' 120 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 4. 264° 00' 195. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 5. 309° 00' 807. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 6. 233° 30' 1,030. 00 feet along remainder of -17- Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to R. Keohokalole; 7. 245° 00' 150.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 8. 275° 00' 275 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 9. 303° 00' 102 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 10. 229° 30' 280 .00 feet along remainder of Royal,Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 11. 239° 00' 110 .00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 12. 244° 00' 125. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 13. 245° 30' 410. 00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Rward 8452: 9 to A. Keohokalole; --. 24-°° 00' 200. 00 feet along remainder of Royal Patents 7533 and X607, Land Commission =ward 6452: 9 to --1c- 16 17 18 19 20 21 22 23 .. ~eohokaiolz; 24~' ~`~' -~~~~ Leet 310nC _e[^3 _.nd°° Ot Rova~ oat~nts 7]3 s _.... a -~r7 3507, Land Commission :,ward 8452: 9 to A. Keohokalol=; 233° 00' 215.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 225° 00' 500.00 feet along remainder o*_" Roya1_ Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 223° 30' 427.47 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 359° 30' 4,307.41 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 88° 30' 806.10 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 89° 15' 1,110.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 183° 00' 415.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: 9 to A. Keohokalole; 93° 00' 1,875.00 feet, to the point of -19- beginning and containing an area of 255 acres, more or less. (Refer to Parcel D as shown on Exhibit "A".) The district classification of the following area situated at Kealakekua, Kiloa, Waipunaula, Kalama Kumu and Kalamakowali, South Kona, Hawaii, shall be Agricultural (A-la): PARCEL E: Beginning at the Southeast corner of this parcel of land, being also the Southwest corner of Parcel B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW OHAU", being 7,428.01 feet South and 30,453.49 feet East and thence running by azimuths measured clockwise from true South: 1. 95° 31' 02" 4,097 .99 feet along Royal Patent 4513, Mahele Award 32 to Kanele; -2. 21° 15' 42" 1,000 .00 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 3. 91° 19' 1,873 .51 feet along remainder of Grant 5206 to F. Deniz; 4. 40° 00' 261 .17 feet along remainder of Grant 5206 to F. Deniz; 5. 62° 00' 282. 00 feet along remainder of Grant 5206 to F. Deniz; 6. 59° 00' 490. 00 feet along remainder of Grant 5206 to F. Deniz; 7. 66° 00' 530. 00 feet along remainder of Grant 5206 to F. Deniz; b. 155° 59' 14" 2,439. 21 feet along remainder of Grant 5206 to F. Deniz, and along remainder of Roval Patent 4497, Land Ccmmission Award 8559 to G. Kanaina; -20- 9. 24'.x° 00' i39 S7 `-t along 3oya'_ Paten'. =`- Land Commission ,w,=_-~ ?»9 tc G. :Canaina; 3 °~-~ --~ along Royal Patent 4497, Land Commission Award 8559 to G. Kanaina; 11. 154° 00' 112.14 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 12. 146° 00' 517.95 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 13. 48° 22' 45" 42.66 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 14. 155° 00' 1,139.81 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 15. 158° 00' 1,150.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 16. 270° 58' 41" 5,849.79 feet along remainder of Royal Patents 4386 and 7532, Land Commission Award 8452: Apana 11 to A. Keohokalole; 17. 242° 00' 322.90 feet along Royal Patents 4386 and 7532, Land Commission Award 8452: Apana 11 to A. Keohokalole; 18. 236° 53' S0" 976.49 feet along Royal Patents 7533 and 3607, Land -21- Commission Award 8452: 9 to A. Keohokalole; 19. 326° 30' 524.96 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 20. 263° 30' 1,925.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 21. 353° 00' 4,080.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole, to the point of beginning and containing an area of 787.589 acres. (Refer to Parcel E as shown on Exhibit "A".) The district classification of the following area situated at Kealakekua, Kiloa, and Waipunaula, South Kona, Hawaii, shall be Agricultural (A-3 a): PARCEL F: Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW OHAU", being 3,884.80 feet South and 20,507.95 feet East and thence running by azimuths measured clockwise from true South: 244° 20' 21" 326.06 feet along Royal Patents 4386 and 7532, Land Commission Award 8452: Apana 11 to A. Keohokalole; 2. 338° 00' 1,150.00 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; _. ~_~ OD' _,-_39.81 feet along remainder of -22- 5 6 7 8 xo Yal Paten's 7533 .... _., :.ward 9~~2: =_oana ~ ~o .-.. KeOh C:C310ie; 228° 22 4~° _~.66 feet alone remainder o Royal Patents 7533 and 3607, Land Commission Award 8452: Agana 9 to A. Keohokalole; 326° 00' 517.95 feet alon r g emainder of P,oyal Patents 7533 and 3607, Land Commission Award 8452: Adana 9 to A. Keohokalole; 334° 00' 112.14 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Agana 9 to A. Keohokalole; 59° 00' 30" 160.75 feet along Royal Patent 4497, Land Commission Award 8559 to G. Kanaina; 61° 00' 139.57 feet along Royal Patent 4497, Land Commission Award 8559 to G. Kanaina; 9. 149° 39' 10. 84° 19' 11. 103° 10' 12 113° 51' OS" 82 .85 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Agana 9 to A. Keohokalole; 45" 37 .74 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Agana 9 to A. Keohokalole; 3~" 69. 95 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Agana 9 to A. Keohokalole; 220. 54 feet along remainder of Royal Patents 7533 and -23- 13 14 15 16 17 18 19 20 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 147° 22' 20" 179.60 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 222° 42' 20" 99.93 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 160° 04' 20" 156.81 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 155° 31' 20" 137.50 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452:. Apana 9 to A. Keohokalole; 152° 32' 20" 179.01 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452 : Apana 9 to A. Keohokalole; 152° 48' S0" 692.23 feet along remainder of Royal Patents 7633 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 155° 21' 20" 130.30 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 156° 31' 20" 112.20 feet along remainder of Royal Patents 7533 and 3607, Land Ccmmission Award 8452: Apana 9 to =~. Keohokalole; -2~- 21. 67° 49' 20' ;2.23 f___ alone _=_mai = - ,:der ROVa! Og.~°^-~ 533 and .JO~7, Lang Commission AWdrd 8452: Aoana ? CO ~. Keohokalole; 22. 166° 28' 20" 422.35 feet along _ - =_mainder o~ Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 23. 163° 56' S0" 254.25 feet along remainder of Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 24. 158° 04' S0" 328.69 feet along remainder Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole, to the point of beginning and containing an area of 24.796 acres. (Refer to Parcel F as shown on Exhibit "A".) The district classification of the following area situated at Kalamakowali, South Kona, Hawaii, shall be Agricultural (A-3a): PARCEL G: Beginning at the Northwest corner of this parcel of land, being also the Southwest corner of Parcel H, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW OHAU", being 8,723.29 feet South and 22,817.78 feet East and thence running by azimuths measured clockwise from true South: 1. 246° 00' 530.00 feet along remainder of Grant 5206 to F. Deniz; 2. 239° 00' 490.00 feet along remainder of Grant 5206 to F. Deniz; 3. 242° 00' 282.00 feet along remainder of Grant 5206 to F. Deniz; -25- 4. 220° 00' 261.17 feet along remainder of Grant 5206 to F. Deniz; 5. 271° 19' 1,873.51 feet along remainder of Grant 5206 to F. Deniz; 6. 21° 15' 42" 1,486.02 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 7. 47° 35' 48" 2,004.67 feet along Royal Patent 4513, Mahele Award 32 to Kanele; 8. 149° 1B' 26" 2,301.81 feet along Grant 1613 to G.B. Kalaau to the point of beginning and containing an area of 113.838 acres. (Refer to Parcel G as shown on Exhibit "A" ) _ The district classification of the following area situated at Kalamakowali, South Kona, Hawaii, shall be Agricultural (A-3a): PARCEL H: Beginning at the Southwest corner of this parcel of land, being also the Northeast corner of Parcel G, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW OHAU", being 8,723.29 feet South and 22,817.78 feet East and thence running by azimuths measured clockwise from true South: 1. 61° 28' 1 153 40 feet a1 G ong rant 1613 to G.B. Kalaau; 2. 160° 09' 30 .00 feet along Grant 4015 to Francisco Diniz; 3. 197° 38' 30" 641. 10 feet along Grant 4015 to Francisco Diniz; °-- 144° 20' 269. 80 feet along Grant 1610 to Pupule; 5. 133° 19' 493. 90 feet along Grant 1610 to Pupule; -. .78° - ~~ 136. 7: feet along Royal Paten t -26- ,JJ ='~ Lance'. ~v';'"'j `.3 Sla_,~,~_ , 7. 71 25' s9' ~- ~~ ___ a_ong 3oyal Paten-. --7~', .. a.^.~r'.OT~^115n=0:1 viw3rd 8»~ to ~. Kanaina; 8. 152° 18' S5" c34.c1 feet along stonewall, along remainder of Royal Patent 4497, Land Commission Award 8559 to G. Kanaina; 9. 216° 18' 1,080.50 feet along fence, along remainder of Royal Patent 4497, Land Commission Award 8559 to G. Kanaina; 10. 179° 58' 30" 135.23 feet along remainder of Royal Patent 4497, Land Commission Award 8559 to G. Kanaina; 11. 239° 33' 358.91 feet along Royal Patents 7533 and 3607, Land Commission Award 8452: Apana 9 to A. Keohokalole; 12. 335° 59' 12" 2,439.21 feet along remainder of Royal Patent 4497, Land Commission Award 8559 to G. Kanaina, and along remainder of Grant 5206 to F. Deniz, to the point of beginning and containing an area of 52.696 acres. (Refer to Parcel H as shown on Exhibit "A" ) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. 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; -27- (B) the effective date of the change of zone shall be: (1) when the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity has/have been established within two years from the enactment of this ordinance; provided that a maximum one year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of proven source and its water transmission and distribution system to County Dedicable Standards within one year from the official date of compliance with condition B(1); provided that a one year extension may be granted by the Planning Director with reasonable and sufficient justification. Such water system shall be in accordance with the requirements of the Rules and Regulations and the Water System Standards of the Department of Water Supply and shall provide sufficient water CaDaC'_tV and DreSSllre iOr: _ ~ ~ _ (1) COueSt1C DllrDOSeS =„_ aporo'Q;nately 70 ~OtS ma}~al (weS~) .~_ ~.__ ollb~~C~ prOD°r_.' Mao Ke„ Pla~~ 3-2-00"_; ar,d (ii) lire protection purposes with Lire hydrants along Koa Road and Greenwell Mountain Road meeting with the approval of the fire department; (C) Upon compliance with Condition B(1) and B(2) the subject property shall be developed in two increments. The first increment shall be comprised of a maximum of 300 lots zoned A-la and A-3a. The second increment shall be comprised of the remaining maximum balance of 202 lots. The .plans for the proposed subdivision of the first increment shall be submitted to the Planning Director within three (3) years from the effective date oL the rezoning as determined in Condition B. Subdivision plans for the second increment may be submitted to the Planning Director only after a South Kona Mamalahoa Highway Bypass road has been fully constructed in its entirety between the approximate vicinity of Keauhou and Captain Cook; (D) After Final Subdivision Approval is granted for the last phase of the subdivision of the subject property, the Planning Director shall initiate an amendment to the zoning of the golf course area into a more appropriate zoning classification to insure that the golf course area is not subdivided; -29- (E) The applicant shall reserve in perpetuity a 200-foot wide easement along the subject property's western boundary and the parcels designated by TMK Nos.: 8-2-01:42-47 and 98-101, comprising of a 150-foot wide structural setback and a 50-foot wide landscape buffer. Such easement and the right-of-way acquisition documents for the proposed Koa Road access corridor shall be delineated on plans submitted for subdivision review of the first increment. The Koa Road corridor alignment shall be generally located south of the Kealakekua Shopping Center at its connection with Mamalahoa Highway, as represented by the applicant; (F) a wastewater disposal system shall constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable; (G) a detailed drainage study of the entire project area shall be prepared by the applicant for review and approval by the Department of Public Works prior to submittal of plans for subdivision review for any portion of the project site or prior to any land alteration whichever comes first. Drainage improvements, including any flooding mitigation measures as required by the chief engineer, shall be constructed and/or installed in a manner meeting with the approval of the Department of Public Works. The drainage study may include a program for the sequenced installment of the drainage system improvements; -~0- (~} an archaeological mi~igation plan s:~ail be nr=_pared and sub-._tt=; nor app-o,;al _ - _.._ ?_ar.n_r.c Director, in ~~r:s~__atior. o;ith t.._ ~eaartmer._ - ~and and Natural keso°~rces-:`isto-;~ ?r=_servation Division and iiawaiian community organizations, r o__;~ to submitting plans for subdivision review. The Plan shall consist of two subplans; (1) an archaeological data recovery plan for the sites to undergo data recovery; and (2) a detailed interim protection preservation plan for the sites to undergo preservation. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the project area. The Plan shall also include a detailed map of known lava tube/cave systems located within the project area and mitigative measures to ensure that the golf course and related drainage systems do not imo_act these cave systems; (I) 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 the Director finds that sufficient mitigative measures have been taken; -31- (J) a solid waste management plan shall be prepared meeting with the approval of the Department of Public works prior to submitting plans for the first increment of the subject property for final subdivision approval 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 proposed development. 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; (K) Roadway improvements and access (s) to the subject property, including all plans and construction, shall meet with the approval of the Department of. Public works and/or the State Department of Transportation. Prior to the issuance of final subdivision approval for any portion of the first increment of the subject property or the issuance for a certificate of occupancy for any portion of the golf course; whichever occurs first, such improvements shall include but not be limited to the following, subject to final determination by the planning director in consultation with the chief engineer: 1. Construct the intersection improvements at the Mamalahoa Highway-Koa Road intersection, including signalization and channelization meeting with the approval of the State Department cf Transportation and the Department of Public ldorks; -~2- z CO nStruC~ S..^.OC1Ce= _Cd ". 4i - ---~-ng, overiav _,~, -_~_ripi=u _-,Provz~~~e;as to establis 3 ~WO-Wa'.' _eL~ ~~ri1 la-_ X10.^.~ l'13 mal a 0a ..1gRWa':i ~rOi'i :~a mlgakl M3rriet tC .._e;l°° S-•-aa- ~--- 3. Construct shoulder, drainage, road widening, overlay and restriping improvements to provide a south bound left-turn pocket at Haukaoila Street (Kona Hospital intersection); a two-way left turn lane between Halekii Street and Haukapila Street; ar.d signalization at the Mamalahoa Highway-Haukapila Street intersection; and 4. Widen shoulder areas to provide a minimum of five southbound and five northbound bus pullouts along Mamalahoa Highway between Koa Road and Kuakini Highway. (T~) Subdivision plans for the subject property shall include road stub outs to its, north and south boundaries below the 3,500 foot elevation and shall be approved by the Department of Public Works and the Planning Department; (M) the applicant shall participate in a program to construct the South Kona Mamalahoa Bypass road and 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 impacts, as required in Conditions K and ?; -33- (N) To ensure that the Goals and Policies of the Recreation Element of the General Plan are implemented, the applicant shall: 1. Designate and provide camping sites and related equestrian and nature-interpretive trail systems within the subject property meeting with the approval of the planning director in consultation with the director of parks and recreation. The camping sites may be limited to members and guests of non-profit organizations, primarily those serving resident youth of Hawaii County, registered with the Department of Commerce and Consumer Affairs of the State of Hawaii for non-commercialized recreational or educational purposes. The applicant shall prepare and submit a recreational and maintenance plan for the camping sites meeting with the approval with the planning director in consultation with the director of parks and recreation, which shall include but not be limited to: i. the number, location and design of the camping sites and accessways; ii. availability or. a daily year-round basis except during maintenance and repairs which shall be at the applicant's expense; iii. a maintenance and user fee program comparable to county and state nark fees to offset maintenance cost; and -35- i'~. Rules and _ecu_at:c:,s ~,_ __,~.__e~ -0 access '.IS-'' - ~. - O~ amyl^~ S=~°s and _=_lated ._ails. to provic_ for --- :^.ealth and safety and ~,e~far=_ of the -- ~se_ and property owners glib:=_. 2. Construct improvements to Greenwell Park as approved by the planning director in consultation with the director of parks and recreation. (O) In lieu of actual construction of infrastructural improvements as required under Conditions F, G, J, K, L, M and N, the applicant may enter into an agreement with the County to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, appropriate agencies or the County Council, whichever is applicable. UDOn 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; (P) 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, 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 lot counts are adjusted. The -35- fair share contribution based on the total number of lots for the first increment shall become due and payable prior to final subdivision approval of any portion of the first increment of the subject property. The fair share contribution for the total number of lots of the second increment shall be due and payable prior to final subdivision approval for any portion of the second increment of the subject property. The fair share contribution for each lot 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 acceptable to the director, in consultation with the affected agencies shall have a maximum combined value of $3,619,580.00. The fair share contribution described above shall be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair share contribution, the applicant may construct such facilities related to parks, fire, police, solid waste disposal facilities, and roads with the approval of the appropriate agency(ies) Any improvements constructed by the applicant to satisfy this condition shall be located within the region; (Q) comply with all applicable laws, rules, regulations and requirements of the affected agencies; (3) restrictive covenants in the deeds of all of the _rcposed =ots within the subject property shall -36- DrOnlbl~ she ..D^:S truc`.iOn O_' 3 SeCO .. d'wel~ '-~ --^.~ c. ...-- Ohara Dweliin. ~_._t. The ccnstruction o= °arm Dwell_ngs o:: each 10~ may be oermi t~=_d .- p_sr_dec apprc~ral _s secu=~~ °__,,..~ th=_ Plannin Di -_cto= Restrictive covenants for all lots within the subject property shall require agricultural activity. 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 for anv portion of the first increment of the subject property. A copy of the approved covenants 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 for any portion of the first increment of the subject property; (S) a forest management plan for the 8,100 acre site zoned A-8000a within the subject property, shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources, State Department of Health, State Department of Agriculture and U.S. Department of Natural Resources. Conservation Service. The forest management plan shall require the following: I. Include at a minimum the best forest and reforestation practices, program for implementation, public access, recreation consideration and any other applicable forestry management criteria, including those of the State Department of Land and Natural Resources -37- (i.e. Forest Stewardship Program). 2. The forest management plan shall be included in a restrictive covenant for the 8,100 acre parcel, which covenant shall be recorded in the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenant to be recorded shall be filed with the Planning Director prior to the issuance of final subdivision approval for any portion of the first increment of the subject property. A recorded copy of the covenant shall also be filed with the Planning Director as soon as practicable after final subdivision approval of the first increment. 3. This forest management plan shall govern this 8,100 acre parcel for a period of forty (40) years and may be terminated upon the approval of the Board of Land and Natural Resources. 4. Any termination of the said forest management plan after the 40-year period shall be considered an amendment to this ordinance, requiring County Council approval by ordinance; (T) Within the A-8000a zoned area, no infrastructure improvements shall be allowed except those improvements required for the maintenance of existing facilities, those improvements identified in the forest management plan, and those improvements within the desicnated camp sites; -3E- (U) Street lichts ..~thir -. .- -_ DrO~eCt Slt_ si'.3L ~~ minlmlZed t0 ~.._ ..eSt flXCent Dra~tlCab:° ~..~ Sn a__ be '_nStai 12d v..1V 'v.':"i °__° _eQll_.~?•~ ...~ -'.-.a . .. DeD3rCu~_.._ Of Pub11C N.Cr~is =J_ s3.ety pur :OSeS; (V) an integrated pest management plan and noxious weed control plan shall be submitted for agricultural uses for review and approval by the Planning Director in consultation with the Department of Lard and Natural Resources, Forestry and wildlife Division; (W) 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; (X) 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 re_DOrt 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 (Y) 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: -39- (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) 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. (Z) 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 designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not afLeCt the Other Darts Of th'-s Crc_nar.Ce. G ~ _ SECTION C. T;~iS C.Ci:1anC~ x:1311 ~.a Fe = aoo=oval. =P;2'30DUCED 3y: COUNCIL EMBER, CO TY OF HAWAII Hilo, Hawaii Date of Introduction: May 3, 1995 Date of 1st Reading: May 3, 1995 Date of 2nd Reading: May 17, 1995 Effective Date: May 23, 1995 APPROVED AS TO FORM AND LEGALITY: \~ DEPUTY iLU~ .~_ CORPORATION COnUNSEL DATE: S~~I/9~ -41- Due to the large size of the map for Bill 225, and its accompanying drafts, it is not a part of the copies, but is on file at the County Clerk's Office and available for viewing upon request. ~~~ ~~ ~~ atricia G_ Engelhard COUNTY CLERK OFFICE OF THE COUNTY CLERK County of Hawaii _;,o - Hau~ait [ntroducedBy: Elroy T.L. Osorio Date Introduced: ay ~ First Reading: May 3, 1995 Published: N/A REMARKS: Second Reading: May 17 To Mayor: May 18, 1995 Returned: May 24 , 1995 Effective: May 23 1995 Published May 31, 1995 REMARKS: I DO HEREBY CERTIFY ihat the ore oin indicatedaboae APPROVED a- to FOp and Gig' LI CORPORATION COUNSEL COUNTY OF HAWAII l Dore //!/ ///~.t N ) Approved/Sscwppwu.uad this rlny of /,YYicv~ 19- 47~~ ~~ CO OF All ROLL CALL VOTE AYES ~, ~, NOES ~ A65 LA Arakalu ~ X Bonk-Abramson X Ctillds X De Lma X Domino X Osorio X Raw X Ray X ~ Smith X 1 1 1 (DRAFT 4 ) r ROLL CALL VOTE AYES NOES ABS EX Arakaki X Bonk-Abramson X Childs X De Lima X Domingo X Osorio X ~~ X Ray X Smith X 1 1 t adopted by the County Council and published as ~~` V tIAI7Y CLER K BlII No.: _ 225 (Draft 4 ) Refnrnca: C-962/1994/PC-43 Ord No.: ~ 5 bOV A&Iry roaow• partly alo rn ng mIddle cr at ally X90 E — 170.5841" Fa4379 - 1631561 @ b' b1 O Y p(a "•49 W � 1�O 02 0 Irj �- / of - 1g1.31��„ 155 91 Sf V ` 1�f DSO)" 0. i 13' J 6 1b 67 1 ti M °/ mom_ �. a �• � AID* � 9 � �� °� • al 3 i fiN• . 65h. 4 0/9 @� li op lob .0 0 A1311I/ 18735 rvkx r"fol o.0 W 1 Aga0l� �� g30°0 P� 1 � • .4g -20a to .Ag-3a 113.030 .Acres 0 AOO t t�yt0a/ 4wu YD eo aft l/ to mss^ t P `30 t 11� to + ^9 to �j1► A .,,Alt to �t� /.� , .• /- l� psw) (f Gr s P �9 (s^t tt I EXHIBIT NOTE: Coordinates referred to "Puu Ohau "A t' ^ A300 N PARCEL E Ag -20a to Ag 787.589 Acree �i J / g e �0 g1 Q J � t- 1'lene /e A 1 31 to Kene/e A 158 30'- 170.00 P. 7 5 4703.10 5 47634.04 E it J �t ►J � �1 �l J Cz r a n t 3 1 5 5 t o +I- N- Cs r e e n w e l I PARCEL A AE-20a to Ag -8000a 8,106.309 Acres 3� iO, 1 PARCEL 0 Ag -20a to Ag -255a 255 Acres ens 4w- 84g2 :9 -J �% proposed to Zoning =district aoaici6ries 3eing port ions of goya l patent 7v33 and 3607, Land Commission 4ward a4✓2: 9 to r4. Keohoka lole Qoya 1 Patent 4497, Land Comm iss ion s4werd aaS9 to Cx. Kara irb, ;2o ya 1 Patent 4386 and 7732, Land Commission Award 8452 :11 to A. Keohoka tole and Cara r t a206 to F =)en i z rot Kea lakskua, <1 1061 LU61pun6ul6, Ka lama kumu, Ka lama 21 Ka l6makowa 1 i, <6h6ulo6, 6rd Ka lama South Kona, Sawa i i Tax 1"16p Key: 8 -2 -12: 12 and Por of 1 (3rd Divisior> Owner: Kea (akekua =eve (opmert Corpora t ion z jaL -46."S26 5638937 E J /pS 4354- � 86'10'3 Date or Public Hearing: Errective Date: Ordinance Number: Revisions by: Planning Department County or Pawali Tax Map Key: 8 -2 -12: 12 and portion I (3rd Division) � 0 � 0 O- z w 13 Oil 1A i'Z� UCENSEU ' PROFESSIONAL LAND •k SURVEYOR No. 4729 YgWVA S ° 5645bi N i W tP O U 1` 1� A J lit 1 J1. F �- n I E R. M. 7Owl11 Corporattor seN FI lroa Licensed ProresslonalLane# Surveyor Licensed certirlcate Number 4729 Cxraphic Sca le 1000 2CCO Scale in Feet 1 J J `— 1� iw b N A P f O L N p w 11 Lot 0 � h v � yLS,�14_ l` V RM NOVEMI3EIY f, IE>DB C -YbZ R M. TOWILL GORPOR,ATION (KEALAlcE1CUA c>EVEt- cl°MENT Co1lpORATION) Engineering - surveying - Planning - Photogrammetry - construction Management