HomeMy WebLinkAboutBIL 343 Draft 01 1998-2000OFFICE INFORMATION ONLY
Meeting: Referred to Planning Committee
Action: Directed by Planning Committee Chain (l,eithead-Todd) to [told ofTagenda
indefinitely.
Re: Bill 343; Comm. 968 (1998-2000 term)
COUNTY OF HAWAII.
ORDINANCE NO
STATE OF HAWAII
BILL NO. 343
AN ORDINANCE AMENDING ORDINANCE NO. 94-73 (AMENDED BY ORDINANCE
NO. 96-8), WHICH RECLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A -5a)
AND UNPLANNED (U) TO AGRICULTURAL (A -1a) AT HONUAINO 3RD AND 4TH
HOKUKANO IST AND 2ND, KANAUEUE 1 sT AND 2ND HALEKII, KEEKEE 1 ST AND 2N°
ILIKAHI, KANAKAU 1sT AND 2ND, KALUKALU 1sT, 2ND AND 3RD AND ONOULI lsr
NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-06:PORTION
OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION OF 3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 94-73 (amended by Ordinance No. 96-8) is amended as
follows:
"SECTION 1. Section [25-87, Article 3] 25-8-3 Article 8, Chapter 25 (Zoning Code) of
the Hawaii County Code, is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kanaueue 1 st and 2nd,
North Kona, Hawaii, shall be Agricultural (A -1a):
PARCEL 1:
Beginning at the Southeasterly corner of this parcel of land, being also a point on the
Northerly boundary of Royal Patent 1670 to John D. Parish on a portion of Land
Commission Award 387, Part 4, Section 2 to American Board of Commissioners for
Foreign Missions, being also a point on the division between North and South Kona, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 1,704.58 feet North and 6,126.02 feet East and running by
azimuths measured clockwise from True South:
710 45' 902.30 feet along Royal Patent 1670 to John
D. Parish on a portion of Land
Commission Award 387, Part 4,
-1-
Section 2 to American Board of
Commissioners for Foreign Missions
to a point;
2.
1520
14'
1,055.02
feet along the remainder of
Grant 865 to John Nakookoo to a
point;
Thence,
for the
next seven (7)
courses following
along middle of stonewall and along
Grant 992 to W. Whitmarsh:
3.
2510
23'
30"
224.69
feet to a point;
4.
2500
35'
58.35
feet to a point;
5.
2550
17'
131.07
feet to a point;
6.
2400
43'
26.91
feet to a point;
7.
2570
50'
172.57
feet to a point;
8.
2430
13'
30"
21.91
feet to a point;
9.
2560
57'
98.95
feet to a point;
Thence,
for the next twelve (12)
courses following along middle of stonewall and along
the remainder of Grant 865 to John
Nakookoo:
10.
3380
17'
30"
158.36
feet to a point;
11.
2570
24'
102.95
feet to a point;
12.
2550
40'
30"
171.35
feet to a point;
13.
2610
29'
101.46
feet to a point;
14.
3460
30'
30"
54.40
feet to a point;
15.
3430
21'
30"
152.40
feet to a point;
16.
3460
20'
165.46
feet to a point;
17.
3430
29'
30"
80.88
feet to a point;
18.
3570
13'
57.51
feet to a point;
19.
3450
53'
30"
154.41
feet to a point;
20.
3330
53'
114.71
feet to a point;
-2-
21. 3450 43' 43.78 feet to the point of beginning and
containing an area of 22.251 Acres,
more or less. (Refer to Parcel 1 as
shown on Exhibit "A").
The district classification of the following area situated at Honuaino 3rd and 4th,
Hokukano 1 st and 2nd and Kanaueue 1 st and 2nd, North Kona, Hawaii, shall be
Agricultural (A-1 a):
PARCEL 2:
Beginning at the Northwesterly corner of this parcel of land, being also a point on the
Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall,
the coordinates of said point of beginning referred to Government Survey Triangulation
Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next sixty-seven (67) courses following along middle of stonewall and
along Royal Patent 1098, Land
Commission Award 614 to Charles
Hall:
1. 1720 44' 35.46
feet to a point;
2. 2500 06' 26.01
feet to a point;
3. 2450 26' 19.20
feet to a point;
4. 2510 15' 39.58
feet to a point;
5. 2590 25' 18.68
feet to a point;
6. 2460 50' 16.35
feet to a point;
7. 2540 27' 40.28
feet to a point;
8. 3230 16' 7.32
feet to a point;
9. 2490 32' 44.32
feet to a point;
10. 2650 01' 30" 16.93
feet to a point;
11. 2710 10' 30" 50.61
feet to a point;
12. 2610 46' 30" 67.77
feet to a point;
13. 2560 32' 30" 36.61
feet to a point;
-3-
14.
2620
38'
30.23
feet to a point;
15.
2580
17'
37.28
feet to a point;
16.
2540
45'
21.32
feet to a point;
17.
2570
35'
30"
36.22
feet to a point;
18.
2650
03'
21.89
feet to a point;
19.
2630
53'
30"
45.49
feet to a point;
20.
2660
14'
44.43
feet to a point;
21.
2490
07'
32.29
feet to a point;
22.
2560
49'
30"
41.74
feet to a point;
23.
2500
03'
30"
91.17
feet to a point;
24.
2570
28'
88.18
feet to a point;
25.
2530
37'
30"
14.36
feet to a point;
26.
2710
49'
7.86
feet to a point;
27.
2430
18'
30"
43.30
feet to a point;
28.
2520
36'
45.75
feet to a point;
29.
2620
29'
35.65
feet to a point;
30.
2650
31'
13.70
feet to a point;
31.
2600
35'
30"
76.29
feet to a point;
32.
2680
05'
30"
59.53
feet to a point;
33.
2530
44'
30"
12.40
feet to a point;
34.
2590
40'
25.69
feet to a point;
35.
2640
02'
51.71
feet to a point;
36.
2590
49'
30"
85.74
feet to a point;
37.
2660
56'
48.70
feet to a point;
38.
2650
44'
61.02
feet to a point;
39.
2720
05'
60.95
feet to a point;
-4-
40.
2690
19'
30"
91.04
feet to a point;
41.
2750
29'
26.42
feet to a point;
42.
2800
52'
30"
26.76
feet to a point;
43.
2720
21'
30"
28.45
feet to a point;
44.
2770
12'
46.47
feet to a point;
45.
2730
22'
30"
84.54
feet to a point;
46.
2730
04'
30"
57.99
feet to a point;
47.
2700
29'
30.67
feet to a point;
48.
2750
46'
30"
91.01
feet to a point;
49.
2670
54'
30"
87.48
feet to a point;
50.
2610
05'
30"
28.16
feet to a point;
51.
2660
13'
128.24
feet to a point;
52.
2700
26'
114.47
feet to a point;
53.
2600
09'
81.24
feet to a point;
54.
2620
27'
166.66
feet to a point;
55.
2610
47'
108.98
feet to a point;
56.
2430
34'
33.10
feet to a point;
57.
2590
14'
30"
37.03
feet to a point;
58.
2650
34'
30"
77.10
feet to a point;
59.
2620
59'
118.99
feet to a point;
60.
2560
19'
39.78
feet to a point;
61.
2620
44'
82.08
feet to a point;
62.
2670
50'
34.11
feet to a point;
63.
2650
25'
63.09
feet to a point;
64.
2730
36'
30"
112.92
feet to a point;
65.
2680
50'
151.03
feet to a point;
-5-
66.
2740
59' 30"
35.27
feet to a point;
67.
2680
30' 30"
48.40
feet to a point;
Thence,
for the next three (3)
courses following along the Westerly side of old railroad
and along the remainder of Grant
2029 to S. W. Makahiki:
68.
150
00'
431.60
feet to a point;
69.
00
23'
223.30
feet to a point;
70.
3330
44'
145.20
feet to a point;
Thence, for the next seven (7) courses following
along the Westerly side of old railroad
and along the remainder of Grant
1453 to John Cavanah:
71.
3190
08'
63.63
feet to a point;
72.
3270
12' 30"
92.54
feet to a point;
73.
3330
41'
55.11
feet to a point;
74.
3410
52'
42.41
feet to a point;
75.
3500
21'
65.77
feet to a point;
76.
3570
11' 30"
87.84
feet to a point;
77.
70
46'
82.65
feet to a point;
78.
170
59'
209.88
feet along the Westerly side of old
railroad and along the remainders of
Grant 1453 to John Cavanah and
Grant 1463 to Keawe to a point;
Thence, for the next ten (10) courses following
along the Westerly side of old railroad
and along the remainder of Grant
1463 to Keawe:
79.
150
46' 30"
221.91
feet to a point;
80.
3500
40' 30"
86.03
feet to a point;
81.
3460
02' 30"
127.39
feet to a point;
82.
3470
43'
68.36
feet to a point;
83.
3560
37'
108.84
feet to a point;
-6-
84.
3580
09'
110.66
feet to a point;
85.
60
27'
30"
75.31
feet to a point;
86.
3570
30'
30"
143.26
feet to a point;
87.
80
45'
30"
30.57
feet to a point;
88.
3590
52'
108.27
feet to a point;
89.
2650
47'
29.79
feet along the remainder of Grant
1463 to Keawe to a point;
Thence, for the next
eight (8)
courses following
along the Easterly side of old railroad
and along the remainder of Grant
1463 to Keawe:
90.
3570
33'
107.96
feet to a point;
91.
3520
21'
72.88
feet to a point;
92.
3560
43'
30"
32.40
feet to a point;
93.
3530
27'
38.77
feet to a point;
94.
3500
36'
29.09
feet to a point;
95.
3390
51'
130.13
feet to a point;
96.
3290
39'
30"
32.22
feet to a point;
97.
3260
06'
51.01
feet to a point;
98.
3240
59'
10.48
feet along the Westerly face of
stonewall and along the remainder of
Royal Patent 5336, Land
Commission Award 9413 to Kahana
to a point;
99.
3200
39'
115.81
feet along the remainder of Royal
Patent 5336, Land Commission
Award 9413 to Kahana to a point;
100.
670
26'
30"
92.41
feet along wire fence and along
Grant 992 to W. Whitmarsh to a
point;
101.
700
35'
63.69
feet along middle of stonewall and
along Grant 992 to W. Whitmarsh to
a point;
-7-
102.
670
10'
30"
124.47
feet along middle of stonewall and
along Grant 992 to W. Whitmarsh to
a point;
103.
720
45'
45"
371.54 feet
along Grant 992 to W. Whitmarsh to
a point;
104.
790
49'
199.17 feet
along Grant 992 to W. Whitmarsh to
a point;
Thence, for the next
twenty-three (23) courses following
along middle of stonewall and
along Grant 992 to W. Whitmarsh:
105.
820
05'
30"
51.64
feet to a point;
106.
830
18'
181.52
feet to a point;
107.
840
58'
30"
118.82
feet to a point;
108.
850
30'
30"
145.13
feet to a point;
109.
910
09'
79.55
feet to a point;
110.
820
04'
95.77
feet to a point;
111.
820
31'
45"
212.72
feet to a point;
112.
3590
15'
512.31
feet to a point;
113.
2680
21'
280.72
feet to a point;
114.
2590
47'
379.67
feet to a point;
115.
2600
53'
149.26
feet to a point;
116.
2590
07'
153.59
feet to a point;
117.
2660
02'
30"
90.63
feet to a point;
118.
2500
32'
115.64
feet to a point;
119.
2400
54'
54.22
feet to a point;
120.
2460
41'
140.89
feet to a point;
121.
2560
30'
30"
95.53
feet to a point;
122.
2400
04'
30"
52.97
feet to a point;
123.
2450
12'
30"
66.16
feet to a point;
0
124.
2570
45' 30"
34.33
feet to a point;
125.
2390
59'
72.54
feet to a point;
126.
2500
39' 30"
70.76
feet to a point;
127.
2460
08'
111.93
feet to a point;
128.
3320
14'
1,055.02
feet along the remainder of Grant
865 to John Nakookoo to a point;
Thence, for the
next four (4)
courses following along Royal Patent 1670 to John D. Parish
on a portion of Land Commission
Award 387, Part 4, Section 2 to
American Board of Commissioners
for Foreign Missions:
129.
640
12'
628.00
feet to a point;
130.
790
26'
602.00
feet to a point;
131.
770
00'
987.00
feet to a point;
132.
720
13'
704.78
feet to a point;
133.
1540
42'
918.93
feet along the remainder of Grant
1587 to John Peters to a point;
Thence, following
along the remainder of Grant 1587 to John Peters on a curve to the
right with a radius of 1,030.00, the
chord azimuth and distance being:
134.
1740
32' 30"
699.21
feet to a point;
135.
1940
23'
350.20
feet along the remainder of Grant
1587 to John Peters to a point;
Thence, following
along the remainders of Grant 1587 to John Peters and Grant 1463 to
Keawe on a curve to the left with a
radius of 1,270.00 feet, the chord
azimuth and distance being:
136.
1650
33'
1,224.95
feet to a point;
137.
1360
43'
68.92
feet along the remainder of Grant
1463 to Keawe to a point;
Thence, following
along the
remainder of Grant
1463 to Keawe on a curve to the right
with a radius of 1,030.00 feet, the
chord azimuth and distance being:
0
138.
1490
59' 30"
473.03
feet to a point;
139.
1630
16'
839.35
feet along the remainders of Grant
1463 to Keawe, Grant 1453 to John
Cavanah and Grant 2029 to
S. W. Makahiki to a point;
Thence, following along the remainder of Grant
2029 to S. W. Makahiki on a curve to the
left with a radius of 470.00 feet, the
chord azimuth and distance being:
140.
1360
23' 15"
424.98
feet to a point;
141.
1650
15'
189.91
feet along Grant 1651 to Charles
Hall to the point of beginning and
containing an area of 295.539 Acres.
(Refer to Parcel l as shown on
Exhibit "A".)
SECTION 2. Section [25-88, Article 3] 25-8-4. Article 8, Chapter 25 (Zoning Code) of
the Hawaii County Code, is amended to change the district classification of properties described
hereinafter as follows:
The district classification of the following area situated at Halekii and Keekee 1st,
South Kona, Hawaii, shall be Agricultural (A-1 a):
PARCEL 3:
Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly
comer of Lot 39 of Kona Scenic Subdivision, Unit II (File Plan 1591) and being a point
on the Southerly boundary of Grant 865 to John Nakookoo, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "PUU OHAU" being
2,272.75 feet North and 8,616.61 feet East and running by azimuths measured clockwise
from True South:
1. 3500 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and
34 of Kona Scenic Subdivision, Unit
II (File Plan 1591) and along the
remainder of Royal Patent 1670 to
John D. Parish on a portion of Land
Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions
and along the Westerly end of
Haleki'i Street to a point;
2. 780 30' 470.15 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
-10-
3.
3480
30'
438.70
feet along Lot 3 (Government Land -
County of Hawaii) to a point;
4.
2660
28'
187.31
feet along Lot 3 (Government Land -
County of Hawaii) to a point;
Thence,
for the next eleven (11)
courses following along middle of stonewall:
5.
40
59'
157.50
feet along Lots 22 and 21 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point;
6.
170
24' 30"
102.93
feet along Lots 21 and 20 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point;
7.
70
45' 30"
174.98
feet along Lots 20 and 19 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point;
8.
910
17' 30"
56.46
feet along Lot 18 of Keekee Estates
(File Plan 2087) and along the
remainder of Grant 977 to Panaunau
to a point;
9.
3550
54' 30"
333.18
feet along Lots 18 and 17 of Keekee
Estates (File Plan 2087) and along
the remainder of Grant 977 to
Panaunau to a point;
Thence,
for the next four (4)
courses following along Grant 866 to Kapule:
10.
860
02' 30"
309.93
feet along Lot 2 to a point;
11.
800
19'
207.35
feet along Lot 1 to a point;
12.
750
14'
183.86
feet along Lot I to a point;
13.
790
02'
674.13
feet along Lot 1 to a point;
14.
1770
38'
634.16
feet along the remainder of Grant
977 to Panaunau to a point;
15.
750
14'
1,338.05
feet along Grant 977 to Panaunau to
a point;
16.
1500
55'
956.00
feet along the remainder of Royal
Patent 1670 to John D. Parish on a
-11-
-12-
portion of Land Commission Award
387, Part 4, Section 2 to American
Board of Commissioners for Foreign
Missions to a point;
17.
2510
45'
902.30
feet along Grant 865 to John
Nakookoo to a point;
Thence,
for the
next
thirty-six
(36) courses following
along middle of stonewall and
along Grant 865 to John Nakookoo:
18.
2500
02'
30"
41.72
feet to a point;
19.
2380
11'
30"
99.82
feet to a point;
20.
2460
13'
93.37
feet to a point;
21.
2530
29'
121.82
feet to a point;
22.
2570
51'
121.61
feet to a point;
23.
2490
33'
59.76
feet to a point;
24.
2450
51'
177.23
feet to a point;
25.
2480
02'
30"
92.17
feet to a point;
26.
2400
26'
30"
60.37
feet to a point;
27.
2540
58'
110.46
feet to a point;
28.
2580
29'
24.30
feet to a point;
29.
2740
56'
30"
31.91
feet to a point;
30.
2600
18'
30"
148.31
feet to a point;
31.
2530
43'
47.09
feet to a point;
32.
2430
21'
30"
89.60
feet to a point;
33.
2630
53'
30"
70.49
feet to a point;
34.
2540
39'
30"
21.88
feet to a point;
35.
2690
41'
41.10
feet to a point;
36.
2880
24'
45.97
feet to a point;
37.
2550
29'
30"
27.38
feet to a point;
-12-
38. 2410 21' 30.35
feet to a point;
39. 2270 12' 30" 53.91
feet to a point;
40. 2160 24' 30" 55.73
feet to a point;
41. 2380 55' 30" 27.24
feet to a point;
42. 2550 23' 30" 29.74
feet to a point;
43. 2710 22' 69.73
feet to a point;
44. 2650 04' 29.52
feet to a point;
45. 2750 29' 30" 98.69
feet to a point;
46. 2710 04' 85.71
feet to a point;
47. 2770 42' 30" 71.32
feet to a point;
48. 2690 46' 21.84
feet to a point;
49. 2700 48' 110.24
feet to a point;
50. 2680 22' 91.02
feet to a point;
51. 2580 19' 92.53
feet to a point;
52. 2700 26' 57.58
feet to a point;
53. 2650 38' 177.70
feet to the point of beginning and
containing an area of 94.387 Acres,
more or less. (Refer to Pacel 3 as
shown on Exhibit "A".)
The district classification of the following
area situated at Halekii, Keekee I st and
2nd, Ilikahi, Kanakau Ist and 2nd, Kalukalu
1 st, 2nd, and 3rd and Onouli 1 st, South
Kona, Hawaii, shall be Agricultural (A-1 a):
PARCEL 4:
Beginning at the Southeasterly comer of this
parcel of land, being also a point on the
Northerly boundary of Grant 1162 to F. O.
Schulze, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU OHAU" being
4,046.78 feet South and 6,502.93 feet East
and running by azimuths measured clockwise
from True South:
1. 650 45' 54" 1,071.96
feet along middle of stonewall and
along Grant 1162 to F. O. Schulze to
-13-
a point;
780 08' 30" 1,407.43 feet along middle of stonewall and
along Grant 1162 to F. O. Schulze to
a point;
Thence, for the next three (3) courses following along the remainder of Royal Patents
4386 and 7146, Land Commission
Award 8452 to A. Keohokalole:
3. 2030 12' 488.09 feet to a point;
Thence, following on a curve to the left with a radius of 870.00 feet, the chord azimuth
and distance being:
4. 1720 50' 30" 879.41 feet to a point;
5. 1420 29' 272.49 feet to a point;
Thence, following along the remainders of Royal Patents 4386 and 7146, Land
Commission Award 8452 to
A. Keohokalole, Grant 1160 to
H. N. Greenwell, and Grant 1576 to
Lohi on a curve to the right with a
radius of 1,130.00 feet, the chord
azimuth and distance being:
6. 1690 47' 1,036.55 feet to a point;
1970 05' 307.17 feet along the remainders of Grant
1576 to Lohi and Grant 1464 to Ialua
to a point;
Thence, following along the remainder of Grant 1464 to Ialua on a curve to the left with a
radius of 645.00 feet, the chord
azimuth and distance being:
8. 1830 07' 311.35 feet to a point;
9. 1690 09' 54.98 feet along the remainder of Grant
1464 to Ialua to a point;
Thence, following along the remainders of Grant 1464 to Ialua and Grant 1175 to
Nakauwaa on a curve to the right
with a radius of 705.00 feet, the
chord azimuth and distance being:
10. 1860 06' 411.07 feet to a point;
11. 2030 03' 162.63 feet along the remainder of Grant
1175 to Nakauwaa to a point;
-14-
Thence, following along the remainder of Grant 1175 to Nakauwaa and Grant 1177 to
Kamakahiona on a curve to the left
with a radius of 645.00 feet, the
chord azimuth and distance being:
12. 1860 42' 30" 362.96 feet to a point;
13. 1700 22' 60.05 feet along the remainder of Grant
1177 to Kamakahiona to a point;
Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1176
to Kini on a curve to the right with a
radius of 705.00 feet, the chord
azimuth and distance being:
14. 1860 12'
384.70 feet to a point;
Thence, for the next five (5) courses following along the remainder of Grant 1176 to
Kini:
15. 2020 02'
35.26 feet to a point;
Thence, following on a curve to the left with a radius of 30.00 feet, the chord azimuth and
distance being:
16. 1570 02' 42.43 feet to a point;
17. 1120 02' 85.32 feet to a point;
Thence, following on a curve to the left with a radius of 645.00 feet, the chord azimuth
and distance being:
18.
970 14'
329.53
feet to a point;
19.
820 26'
397.26
feet to a point;
Thence, following along the
remainders of Grant 1176 to Kini and Royal Patent 1670 to
John D. Parish on a portion of Land
Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions
on a curve to the right with a radius
of 705.00 feet, the chord azimuth and
distance being:
20.
1180 34'
831.43
feet to a point;
21.
1540 42'
342.97
feet along the remainder of Royal
Patent 1670 to John D. Parish on a
portion of Land Commission Award
387, Part 4, Section 2 to American
-15-
Board of Commissioners for Foreign
-16-
Missions to a point;
22.
2520
13'
704.78
feet along Grant 1587 to John Peters
and Grant 865 to John Nakookoo to
a point;
Thence,
for the
next three (3) courses following
along Grant 865 to John Nakookoo:
23.
2570
00'
987.00
feet to a point;
24.
2590
26'
602.00
feet to a point;
25.
2440
12'
628.00
feet to a point;
26.
3300
55'
956.00
feet along the remainder of Royal
Patent 1670 to John D. Parish on a
portion of Land Commission Award
387, Part 4, Section 2 to American
Board of Commissioners for Foreign
Missions to a point;
27.
2550
14'
1,338.05
feet along Royal Patent 1670 to John
D. Parish on a portion of Land
Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions
to a point;
28.
3570
38'
634.16
feet along Grant 977 to Panaunau to
a point;
29.
760
40' 30"
1,596.74
feet along Grant 1177 to
Kamakahiona to a point;
30.
760
40' 30"
44.81
feet along Grant 1177 to
Kamakahiona to a point;
Thence,
for the
next six (6) courses
following along the Westerly side of old railroad:
31.
3530
25'
54.23
feet to a point;
32.
3460
06'
95.32
feet to a point;
33.
3420
16' 30"
289.54
feet to a point;
34.
3410
04'
132.29
feet to a point;
35.
3450
33'
48.71
feet along the remainders of Grant
1177 to Kamakahiona and Grant
1175 to Nakauwaa to a point;
-16-
Thence, for the next six (6) courses following along the remainder of Grant 1175 to
-17-
Nakauwaa:
36.
3500
55' 30"
47.80
feet to a point;
37.
2600
45'
8.34
feet to a point;
Thence, for the
next four (4) courses following along the Westerly face of stonewall and
along the Easterly side of old
railroad:
38.
3530
43' 30"
58.69
feet to a point;
39.
10
03' 30"
50.75
feet to a point;
40.
40
06' 30"
32.09
feet to a point;
41.
90
18' 30"
46.75
feet to a point;
Thence, for the next four (4) courses following along the Northerly face of stonewall:
42.
790
50'
28.51
feet along Grant 787 to H. N.
Greenwell to a point;
43.
630
01' 30"
205.62
feet along Grant 787 to H. N.
Greenwell to a point;
Thence, for the next twenty-six
(26) courses following along the remainder of Grant 787
to H. N. Greenwell:
44.
580
15'
190.84
feet to a point;
45.
950
12' 30"
36.26
feet to a point;
Thence, for the
next ten (10) courses following along the Westerly face of stonewall:
46.
3400
55' 30"
51.47
feet to a point;
47.
3360
12' 30"
95.40
feet to a point;
48.
3400
54'
85.38
feet to a point;
49.
3380
48' 30"
46.81
feet to a point;
50.
3420
23'
65.75
feet to a point;
51.
3340
35' 30"
65.95
feet to a point;
52.
3320
23'
82.87
feet to a point;
53.
3240
00'
11.13
feet to a point;
-17-
54.
3320
36' 30"
113.50
feet to a point;
55.
3470
43'
24.68
feet to a point;
Thence, for the
next four (4) courses following along the Westerly side of old railroad:
56.
3380
19'
61.45
feet to a point;
57.
3270
39' 30"
17.91
feet to a point;
58.
3470
16'
94.25
feet to a point;
59.
3440
55' 30"
113.58
feet to a point;
60.
2670
05' 30"
16.83
feet to a point;
Thence,
for the
next six (6) courses
following along middle of stonewall:
61.
3410
48' 30"
54.25
feet to a point;
62.
3460
24' 30"
109.52
feet to a point;
63.
3300
20'
62.30
feet to a point;
64.
3360
48'
111.89
feet to a point;
65.
3250
21'
106.90
feet to a point;
66.
620
18' 30"
29.22
feet to a point;
Thence,
for the next three (3) courses following along Westerly face of stonewall:
67.
3370
28' 30"
112.46
feet to a point;
68.
3370
08'
183.98
feet to a point;
69.
3370
36' 30"
153.52
feet to a point;
70.
2540
02' 30"
25.45
feet along the Southerly face of
stonewall and along Grant 787 to
H. N. Greenwell to a point;
Thence,
for the
next seven (7)
courses following
along the Westerly side of old railroad
and along the remainder of Royal
Patents 4386 and 7146, Land
Commission Award 8452 to A.
Keohokalole:
71.
3380
26'
168.87
feet to a point;
72.
3370
34'
153.12
feet to a point;
18-
73.
3350
16'
30"
329.74
feet to a point;
74.
3360
16'
30"
122.94
feet to a point;
75.
3340
38'
30"
193.93
feet to a point;
76.
3350
59'
267.46
feet to a point;
77.
3290
13'
30"
141.50
feet to the point of beginning and
containing an area of 271.415 Acres.
(Refer to Parcel 4 as shown on
Exhibit "A".)
All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part
hereof (herein after referred to as "subject property").
SECTION 3. These changes in district classification are conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval;
(B) The effective date of the rezoning shall be upon:
(1) the execution of an agreement, between the applicant, Lyle Anderson, and
the County through its Department of Water Supply and Planning, to assign
water commitment rights in the Kealakekua Source Agreement to the
current landowners of the subject property within
one -hundred -eighty (180) days from the effective date of this ordinance;
provided that a maximum ninety (90) day extension may be granted by the
Planning Director with reasonable and sufficient justification; and
(2) the acceptance by the Department of Water Supply of the required water
commitment payment in accordance with its "Water Commitment Policy"
within one -hundred -eighty (180) days from the effective date of this
ordinance;
(C) Subdivision plans for any portion of the subject property shall be submitted to the
Planning Department and Tentative Subdivision Approval secured within
-19-
four (4) years from the effective date of this rezoning as determined in
Condition B; Final Subdivision Approval shall be secured within five (5) years
from the effective date of this rezoning as determined in Condition B. For the
purpose of this ordinance, Final Subdivision Approval shall be defined as the
subdivision of any agricultural zoned lot to a lot less than twenty (20) acres in size
within the subject property;
(D) A wastewater disposal system shall constructed in a manner meeting with the
approval of the State Department of Health and/or the Department of Public
Works, whichever is applicable;
(E) All electrical and communication utilities lines within the subject property shall
be placed underground, with the exception of the main 69 KV transmission line
from the Mamalahoa Highway to the proposed electrical substation site;
(F) A Flood Study of the subject property shall be submitted to the Planning
Department in conjunction with plans submitted for subdivision review for any
portion of the subject property. Drainage improvements shall be constructed in a
manner meeting with the approval of the Department of Public Works, prior to the
issuance of Final Subdivision Approval for the subject property;
(G) An archaeological mitigation and interpretation plan shall be prepared and
submitted for approval by the Planning Director, in consultation with the
Department of Land and Natural Resources -Historic Preservation Division, prior
to submitting plans for subdivision review. The Plan shall consist of three
subplans:
(1) an archaeological data recovery plan for the sites to undergo data recovery,
(2) a detailed interim protection/preservation plan for the sites to undergo
preservation, and
(3) an interpretation plan which shall include buffer zones, signage and
long-range preservation concerns which may be submitted at a later date.
20-
Approved mitigation measures shall be implemented prior to or in
conjunction with any land alterations within the subject property;
(H) A final comprehensive public access plan, to be developed in consultation with
community groups, shall be submitted to and approved by the Planning Director
prior to final subdivision approval, or any land alteration activity, whichever
comes first. The final comprehensive public access plan shall be developed in
consultation with the Planning Director and the Department of Land and Natural
Resources and shall include mauka-makai and lateral shoreline accesses, parking
area(s), signage, emergency response considerations, restrictions on use (if any),
provision of recreational and restroom facilities at appropriate locations, and
related improvements.
(1) An area comprising twenty-five percent (25%) of the total park area, as
shown on Exhibit "E" attached hereto and made a part hereof, shall be
developed and improved by the applicant or its agent in phases within five
(5) years from the date Final Subdivision Approval is obtained on the
subject property. The first phase shall be completed and open to the
public within thirty (30) days following the opening of the golf course;
(2) Upon opening the first phase of the park area, a minimum of twenty-five
(25) public parking stalls in addition to parking stalls for residents, guests,
and employees within the subject property and the applicant's adjacent
lands at the principal shoreline access parking area(s), signage and
provisions for public access for night fishing and marine food gathering
purposes over designated vehicular and pedestrian access routes subject to
restrictions which limit said uses to recreation uses only, and other
restrictions which provide for the health and safety of the general public
and residents alike. The number of parking stalls shall be increased
commensurately with the approval of additional park phases in accordance
with the public access plan; and
(3) The public shoreline access plan shall also integrate where appropriate,
any public accessway(s) to interpretive trail system(s) and to the historical
-21-
and archaeological sites to be approved by the Planning Director, in
consultation with the Department of Land and Natural Resources in
conjunction with the detail mitigation plan for the park area situated in the
Conservation district.
(I) Prior to final approval of a small lot subdivision plat within the subject property,
the applicant shall convey to the County of Hawaii by way of a perpetual
easement the right to public access and recreational use of its privately owned
coastline park and trails; provided, that restrictions will be allowed to be
established by the applicant, subject to the approval of the Planning Director, to
promote public health and safety and the general security of the premises for
residents and guest of the project to protect the area' pristine condition, and to
minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4,
Hawaii Revised Statutes. The applicant shall retain ownership of its coastline
park and trails in fee simple and maintain all lands in the coastline park area and
operate such facility for public recreational use in accordance with the above
terms and conditions. This condition shall not be applicable to any roadway, trail
or other rights of way, which are deemed public highways or trails as defined in
Chapter 264, Hawaii Revised Statutes;
(J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Planning Director
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the Planning Director when it finds that sufficient
mitigative measures have been taken;
(K) A solid waste management plan shall be prepared meeting with the approval of
the Department of Public Works prior to submitting plans for subdivision review.
The Plan shall include, but not be limited to, the management of construction
solid waste as well as operating and domestic solid waste generated by the subject
property. Approved recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the approval of the
Department of Public Works;
-22-
(L) Roadway improvements and access(es) to the subject property, including all plans
and construction, shall meet with the approval of the Department of Public
Works. Prior to the issuance of Final Subdivision Approval for any portion of the
subject property, the applicant shall:
(1) construct the channelization and signalization of the Mamalahoa Highway-
Haleki'i Street intersection;
(2) determine the final right-of-way alignment of the entire Mamalahoa
Highway Bypass between the approximate vicinity of Keauhou and
Captain Cook, including its intersection areas and its acquired ownership
or control. The applicant shall provide the Planning Director with a metes
and bounds description of each road right-of-way segment involved and
evidence of its ownership or control as deemed necessary by the Planning
Director. In lieu of the applicant obtaining or acquiring ownership or
control of any segment of the Mamalahoa Highway Bypass, the
requirement shall be deemed fulfilled upon the county's formal initiation
of condemnation action for such segments and an agreement has been
entered into between the applicant and the county providing for the
applicant's reimbursement to the county for the acquisition of the lands
condemned;
(3) construct the Mamalahoa Highway Bypass in its entirety between the
approximate vicinity of Keauhou and Captain Cook, consisting of two
lanes with sufficient right-of-way for a total of four lanes, provided further
that the section of the Mamalahoa Highway Bypass between Keauhou and
Haleki'1 Street shall be completed and available for public use prior to
occupancy of any dwelling unit within the entire project area;
(4) construct the extension of Haleki'i Street through the subject property as
generally reflected in Exhibit `B", which phasing of improvements shall
be approved by the Department of Public Works. If, before the
completion and opening of the entire Mamalahoa Highway Bypass, a
portion of said bypass is completed and opened, and said portion provides
-23-
a connection to Haleki'i Street, a barricade or breakaway gate, meeting
with the requirements of the Department of Public Works, shall be
installed by the applicant as part of the required Haleki'i Street
improvements. The purpose of this condition is to prevent the use of
Haleki'i Street as a vehicular thoroughfare between the existing
Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass
until the entire proposed Mamalahoa Highway Bypass between the
approximate vicinity of Keauhou and Captain Cook has been completed
and opened for general public use; and
(5) provide roadway stub -outs, generally shown in Exhibit `B", to provide
future connections between the subject property, and the adjacent
properties to the north and south; provided that such stub -outs shall be
constructed in accordance with the construction phasing as approved by
the Department of Public Works.
The applicant shall construct the Mamalahoa Highway Bypass to standards set
forth by the Department of Public Works for Alii Highway with such
modifications as may be deemed necessary by the Department of Public Works.
The applicant shall provide a landscape buffer along highway sections within five
hundred feet of existing dwellings , as required by the chief engineer, to reduce
the impacts of noise and light on the residents therein and to generally beautify
the highway appearance in such locations; provided that the applicant shall enter
into a reimbursement agreement with the County which sets forth the terms and
conditions of reimbursement for costs incurred for the construction, land
acquisition and design of the Mamalahoa Highway Bypass out of funds paid to
the state and/or county by other developers or landowners whom the county may
determine as benefiting from the Mamalahoa Highway Bypass and which funds
are available to the county for such purpose; and provide further, that the total
amount of reimbursement due to the applicant shall not exceed the total cost of
land acquisition, design and construction of the Mamalahoa Highway Bypass
incurred by the applicant, less the pro rata portion attributed to the subject
property;
-24-
(M) All roadway improvements stated in Condition L of this ordinance shall be
.MI /-. I /r
II• .- ..1-1, . - . - I MM V17Y.MMON1/- -II-1 .
••� •I� I'. ITOWITOTCOM.
rfeet wift t1te approval of I- D -I. . ..
(N) To ensure that the Goals and Policies of the Recreational Element of the
General Plan are implemented, the applicant shall provide two acres of land
abutting the north side of Kona Scenic Park for public purposes prior to Final
Subdivision Approval of the subject property.
(0) In lieu of actual construction of infrastructural improvements as required under
Conditions D, F, H, K, and L, the applicant may enter into an agreement with the
Planning Director to assure the county that the infrastructural improvements will
be constructed together with the appropriate bond, surety or other security deemed
acceptable to the Planning Director and the Corporation Counsel. Upon execution
of such agreement and/or filing of the security with the County, Final Subdivision
approval for the subject property or portions thereof shall be granted prior to the
actual construction of required infrastructural improvements;
(P) It shall be demonstrated to the satisfaction of the Planning Director that
agricultural activity is being conducted on the subdivided lots within three years
from the date of Final Subdivision Approval. For the purposed of this condition,
"agriculture" shall be defined as the cultivation of crops, including but not limited
to flowers, vegetable, foliage, and fruits that are propagated for economic or
personal use. An agricultural activity will be considered satisfactory:
(1) if such activity is implementing a conservation program for the affected
property(ies), as approved by the applicable soil and water conservation
district directors and filed with the Soil Conservation Service;
-25-
(2) if it provides a source of income to the person(s) who reside on the
property; or
(3) if the property is dedicated for agriculture uses in accordance with
applicable Tax Department procedures and that such agriculture dedication
shall be made a deed covenant and duly recorded with the State Bureau of
Conveyances and a copy of the recorded deeds shall be filed with the
Planning Department within one year from the date of Final Subdivision
Approval.
Each approved lot must comply with at least one of the above requirements to
satisfy the conditions of approval of this ordinance;
(Q) Restrictive covenants in the deeds of all the proposed lots shall prohibit the
construction of a second dwelling unit on each lot; provided that this shall not
preclude the construction of a guest house as defined under Chapter 25 of the
Hawaii County Code. A copy of the proposed covenant(s) to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Department for review
and approval prior to final subdivision approval. A copy of the approved
covenant shall be recited in an instrument executed by the applicant and the
county and recorded with the Bureau of Conveyances likewise prior to final
subdivision approval;
(R) The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, fire,
police, solid waste disposal facilities, and roads. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
lots proposed to be subdivided by the amounts allocated hereinbelow for each
such lot, and shall become due and payable prior to final subdivision approval for
any portion of the subject property or its increments. If the subject property is
subdivided in two or more increments, the amount of the fair share contribution
due and payable prior to final subdivision approval of each increment shall be a
sum calculated in the same manner according to the number of additional
proposed lots in each such increment. The fair share contribution for each lot,
-26-
except for lots larger than ten acres in size or which are committed exclusively for
golf course and park purposes, shall be based on the maximum allowable density
of building sites as determined by the zoning of such lot. 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 $7,239.16 per lot. Based upon the applicant's
representation of intent to subdivide and develop up to 400 lots, the indicated total
fair share contribution is $2,895,664.00, however, the total amount shall be
increased or reduced in proportion with the actual number of subdivided lots
according to the calculation and payment provisions set forth in this Condition O.
The fair share contribution shall be allocated as follows:
(1) $3,490.85 per lot, for an indicated total of $1,396,340.00 to the County to
support park and recreational improvements and facilities;
(2) $168.40 per lot, for an indicated total of $67,360.00 to the County to
support police facilities;
(3) $332.61 per lot, for an indicated total of $133,044.00 to the County to
support fire facilities;
(4) $145.62 per lot, for an indicated total of $58,248.00 to the County to
support solid waste facilities;
(5) $3,101.68 per lot, for an indicated total of $1,240,672.00 to the State or
County to support road and traffic improvements.
The fair share contributions 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 (HCPI). In lieu of paying the fair
share contribution, the applicant may construct improvements/facilities related to
parks and recreation, fire, police, solid waste disposal facilities, and roads within
the region impacted by the proposed development, subject to the approval of the
planning director. The cost of constructing the improvements required in
_27_
Conditions H, K and L shall be credited against the sum specified in Condition
R(1) for parks and recreation, Condition R(4) for solid waste facilities, and in
Condition R(5) for road and traffic improvements. For purposes of administering
Condition R, the value of land contributed or the cost of any improvements
required or made in lieu of the fair share contribution shall be such amount as
approved by the Planning Director, upon consultation with the appropriate
agencies.
(S) In the event that the State Department of Education adopts an educational
facilities impact fee program, the applicant shall participate in the requirements of
the program;
(T) Comply with all applicable laws, rules, regulations and requirements, including
those of the Department of Health, Fire, and the Department of Water Supply;
(U) 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;
(V) An annual progress report shall be submitted to the Planning Director prior to
each anniversary date of the approval of this change of zone. The report shall
address in detail the status of the development and the compliance with the
conditions of approval. This condition shall remain in effect until all of the
conditions of approval have been complied with and the Planning Director
acknowledges that further reports are not required; and,
(W) An extension of time for the performance of conditions within the ordinance, with
the exception of Condition C, may be granted by the Planning Director upon the
following circumstances:
(1) the non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence;
M
(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.
Further, should any of the conditions not be met or substantially complied with in
a timely fashion, the Director shall initiate rezoning of the area to its original or
more appropriate designation.
SECTION 2. Material to be deleted is bracketed. New material is underscored.
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.
-29-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
WERENCE: Comm. 968
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-30-
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