HomeMy WebLinkAboutCOM 0389.000 1994-1996 40014...411 a
•
'•r' �,' William G.Davis
Stephen K.Yamashiro '(; `. ' i+ Managing Director
•Mayor •
_ • Henry Cho
�� t".• . Deputy Managing Director
• 214.0;*ag
(gaunt II tY tt
25 Aupuni Street,Room 215 • Hilo,Hawaii 96720-4252 • (808)961-8211 • Fax(808)961-6553
KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740
(808)329-5226 • Fax(808)326-5663
November 22, 1995
Honorable Keiko Bonk-Abramson, Chairwoman
and Members of the County Council
County of Hawaii
25 Aupuni Street -
Hilo, HI 96720
Dear Chairwoman Bonk-Abramson and Members:
Change of Zone Ordinance No. 94-73 (REZ 765)
Applicant: Oceanside 1250
Request: Amendments to Change of Zone Ordinance No. 94-73
Tax Map Key: 7-9-6:Portion of 1: 7-9-12:Portion of 3.4 and 5: 8-1-4:Portion of 3
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced matter.
Sincerely,
Shen K. Yam shim
Mayor
AK:syw
LOcean01.MAY
Enclosures
cc: Planning Commission
REZ 765
8K// lg
Coma.
Pie No.__. tii C, KN
'UV 9 9 IQQcr
•�Y OF h4.
Stephen K. Yamashiro , .yge`y* '„i.. .j
Mayor
&Mit of .' �t att
PLANNING COMMISSION
25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252
(808)961-8288 Fax(808)961-9615
November 22, 1995
Honorable Keiko Bonk-Abramson, Chairwoman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairwoman Bonk-Abramson and Members:
Change of Zone Ordinance No. 94-73 (REZ 765)
Applicant: Oceanside 1250
Request: Amendments to Change of Zone Ordinance No. 94-73
Tax Map Key: 7-9-6:Portion of 1: 7-9-12:Portion of 3.4 and 5: 8-1-4:Portion of 3
The Planning Commission, after a duly held public hearing on November 22, 1995, voted to
recommend for your approval the proposed legislative bill on the proposed amendments to
Change of Zone Ordinance No. 94-73, which reclassified lands from Agricultural (A-5a) and
Unplanned (U) to Agricultural (A-la) at Honuaino 3rd and 4th, Hokukano 1st and 2nd,
Kanaueue 1st and 2nd, Kalakalu 1st, 2nd and 3rd, and Onouli 1st, North and South Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
All proposed amendments, including the realphabetizing of the conditions of
approval, to Ordinance No. 94-73 were presented and heard by the Planning
Commission at its September 14, 1995, public hearing. The public had an opportunity
to provide testimonies at this hearing. The Planning Commission concurred with the
Planning Director's favorable recommendation and voted to forward a favorable
consideration of the amendment request to the County Council. The Planning
Commission's proposed legislative bill to amend Ordinance No. 94-73 was transmitted
to the County Council on September 28, 1995.
40
Honorable Keiko Bonk-Abramson, Chairwoman
and Members of the County Council
Page 2
Further, the retitling of the bill does contain and expresses the subject of the
Planning Commission actions and recommendations heard at its September 14, 1995,
public hearing.
At its October 17, 1995, the County Council Committee on Planning heard and
discussed the proposed amendments to Ordinance No. 94-73 and voted to defer and
refer the bill back to the Planning Commission to be reconsidered due to technicalities
in the title of the bill.
A draft bill with the appropriate title and proposed amendments is attached for
your favorable consideration.
The Planning Commission further suggests that the County Council consider the
deletion of Condition H(3). It has come to our attention that this condition relating to
the golf course in the State Land Use Conservation District has been ruled to be
invalid. Further, that in the adoption of the attached draft bill, that Ordinance
No. 94-73 be repealed.
Sincerely,
ZSUiva t(A-204/
Edward E. Crook, Chairman
Planning Commission
AK:syw
LOcean02.PC
Enclosures
cc: Honorable Stephen K. Yamashiro, Mayor
Mr. R. T. "Dick" Frye/Oceanside 1250
Mr. James Leonard/PBR Hawaii
Department of Public Works
Department of Water Supply
West Hawaii Office
COUNTY OF HAWAII, STATE OF HAWAII
BILL NO. 181
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) AND
SECTION 25-88 (SOUTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 94-73, WHICH
RECLASSIFIED CERTAIN LANDS FROM AGRICULTURAL (A-5a) AND
UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH,
HOKUKANO 1ST AND 2ND, KANAUEUE 1ST AND 2ND, HALEKII, KEEKEE 1ST AND
2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND
ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-9-06:PORTION OF 1, 7-9-12:PORTIONS OF 3, 4, AND 5 AND 8-1-04:PORTION
OF 3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF I-IAWAII:
SECTION 1. Ordinance No. 94-73 is amended as follows:
"SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of properties described hereinafter as
follows:
The district classification of the following area situated at Kanaueue 1st and 2nd,
North Kona, I-Iawaii, shall be Agricultural (A-la):
PARCEL I:
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:
1. 71° 45' 902.30 feet along Royal Patent 1670 to John
D. Parish on a portion of Land
Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions
to a point;
2. 152° 14' 1,055.02 feet along the remainder of Grant
865 to John Nakookoo to a point;
Thence, for the next seven (7) courses following along middle of stonewall and
along Grant 992 to W. Whitmarsh:
3. 251° 23' 30" 224.69 feet to a point;
4. 250° 35' 58.35 feet to a point;
5. 255° 17' 131.07 feet to a point;
6. 240° 43' 26.91 feet to a point;
7. 257° 50' 172.57 feet to a point;
8. 243° 13' 30" 21.91 feet to a point;
9. 256° 57' 98.95 feet to a point;
Thence, for the next twelve (12) courses following along middle of stonewall
and along the remainder of Grant
865 to John Nakookoo:
10. 338° 17' 30" 158.36 feet to a point;
11. 257° 24' 102.95 feet to a point;
12. 255° 40' 30" 171.35 feet to a point;
13. 261° 29' 101.46 feet to a point;
14. 346° 30' 30" 54.40 feet to a point;
15. 343° 21' 30" 152.40 feet to a point;
16. 346° 20' 165.46 feet to a point;
17. 343° 29' 30" 80.88 feet to a point;
18. 357° 13' 57.51 feet to a point;
19. 345° 53' 30" 154.41 feet to a point;
20. 333° 53' 114.71 feet to a point;
21. 345° 43' 43.78 feet to the point of beginning and
containing an area of 22.251 Acres,
more or less. (Refer to Parcel 1 as
shown on Exhibit "A").
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The district classification of the following area situated at Honuaino 3rd and 4th,
Hokukano 1st and 2nd and Kanaueue 1st and 2nd, North Kona, Hawaii, shall be
Agricultural (A-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. 172° 44' 35.46 feet to a point;
2. 250° 06' 26.01 feet to a point;
3. 245° 26' 19.20 feet to a point;
4. --)510 15' 39.58 feet to a point;
5. 259° 25' 18.68 feet to a point;
6. 246° 50' 16.35 feet to a point;
7. 254° 27' 40.28 feet to a point;
S. 323° 16' 7.32 feet to a point;
9. 249° 32' 44.32 feet to a point;
10. 265° 01' 30" 16.93 feet to a point;
11. ")71° 10' 30" 50.61 feet to a point;
12. 261° 46' 30" 67.77 feet to a point;
13. 256° 32' 30" 36.61 feet to a point;
14. 262° 38' 30.23 feet to a point;
15. 258° 17' 37.28 feet to a point;
16. 254° 45' 21.32 feet to a point;
17. 257° 35' 30" 36.22 feet to a point;
18. 265° 03' 21.89 feet to a point;
19. 263° 53' 30" 45.49 feet to a point;
20. 266° 14' 44.43 feet to a point;
21. 249° 07' 32.29 feet to a point;
22. 256° 49' 30" 41.74 feet to a point;
23. 250° 03' 30" 91.17 feet to a point;
24. 257° 28' 88.18 feet to a point;
25. 253° 37' 30" 14.36 feet to a point;
26. 271° 49' 7.86 feet to a point;
27. 243° 18' 30" 43.30 feet to a point;
2S. 252° 36' 45.75 feet to a point;
29. 262° 29' 35.65 feet to a point;
30. 265° 31' 13.70 feet to a point;
31. 260° 35' 30" 76.29 feet to a point;
32. 268° 05' 30" 59.53 feet to a point;
33. 253° 44' 30" 12.40 feet to a point;
34. 259° 40' 25.69 feet to a point;
35. 264° 02' 51.71 feet to a point;
36. 259° 49' 30" 85.74 feet to a point;
37. 266° 56' 48.70 feet to a point;
38. 265° 44' 61.02 feet to a point;
39. 272° 05' 60.95 feet to a point;
40. 269° 19' 30" 91.04 feet to a point;
41. 275° 29' 26.42 feet to a point;
42. 280° 52' 30" 26.76 feet to a point;
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43. 272° 21' 30" 28.45 feet to a point;
44. 277° 12' 46.47 feet to a point;
45. 273° 22' 30" 84.54 feet to a point;
46. 273° 04' 30" 57.99 feet to a point;
47. 270° 29' 30.67 feet to a point;
48. 275° 46' 30" 91.01 feet to a point;
49. 267° 54' 30" 87.48 feet to a point;
50. 261° 05' 30" 28.16 feet to a point;
51. 266° 13' 128.24 feet to a point;
52. 270° 26' 114.47 feet to a point;
53. 260° 09' 81.24 feet to a point;
54. 262° 27' 166.66 feet to a point;
55. 261° 47' 108.98 feet to a point;
56. 243° 34' 33.10 feet to a point;
57. 259° 14' 30" 37.03 feet to a point;
58. 265° 34' 30" 77.10 feet to a point;
59. 262° 59' 118.99 feet to a point;
60. 256° 19' 39.78 feet to a point;
61. 262° 44' 82.08 feet to a point;
62. 267° 50' 34.11 feet to a point;
63. 265° 25' 63.09 feet to a point;
64. 273° 36' 30" 112.92 feet to a point;
65. 268° 50' 151.03 feet to a point;
66. 274° 59' 30" 35.27 feet to a point;
67. 268° 30' 30" 48.40 feet to a point;
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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. 15° 00' 431.60 feet to a point;
69. 0° 23' 223.30 feet to a point;
70. 333° 44' 145.20 feet to a point;
Thence, for the next seven (7) courses following along the Westerly side of old
railroad and along the remainder of'
Grant 1453 to John Cavanah:
71. 319° 08' 63.63 feet to a point;
72. 327° 12' 30" 92.54 feet to a point;
73. 333° 41' 55.11 feet to a point;
74. 341° 52' 42.41 feet to a point;
75. 350° 21' 65.77 feet to a point;
76. 357° 11' 30" 87.84 feet to a point;
77. 7° 46' 82.65 feet to a point;
78. 17° 59' 209.88 feet along the Westerly side of old
railroad and along the remainders of
Grant 1453 to John Cavanah and Grant
1463 to Keawe to a point;
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. 15° 46' 30" 221.91 feet to a point;
80. 350° 40' 30" 86.03 feet to a point;
81. 346° 02' 30" 127.39 feet to a point;
82. 347° 43' 68.36 feet to a point;
83. 356° 37' 108.84 feet to a point;
84. 358° 09' 110.66 feet to a point;
85. 6° 27' 30" 75.31 feet to a point;
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86. 357° 30' 30" 143.26 feet to a point;
87. 8° 45' 30" 30.57 feet to a point;
88. 359° 52' 108.27 feet to a point;
89. 265° 47' 29.79 feet along the remainder of Grant 1463
to Keawe to a point;
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. 357° 33' 107.96 feet to a point;
91. 352° 21' 72.88 feet to a point;
92. 356° 43' 30" 32.40 feet to a point;
93. 353° 27' 38.77 feet to a point;
94. 350° 36' 29.09 feet to a point;
95. 339° 51' 130.13 feet to a point;
96. 329° 39' 30" 32.22 feet to a point;
97. 326° 06' 51.01 feet to a point;
98. 324° 59' 10.48 feet along the Westerly face of stonewall
and along the remainder of Royal Patent
5336, Land Commission Award 9413 to
Kahana to a point;
99. 320° 39' 115.81 feet along the remainder of Royal Patent
5336, Land Commission Award 9413 to
Kahana to a point;
100. 67° 26' 30" 92.41 feet along wire fence and along Grant
992 to W. Whitmarsh to a point;
101. 70° 35' 63.69 feet along middle of stonewall and along
Grant 992 to W. Whitmarsh to a point;
102. 67° 10' 30" 124.47 feet along middle of stonewall and along
Grant 992 to W. Whitmarsh to a point;
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103. 72° 45' 45" 371.54 feet along Grant 992 to W. Whitmarsh to
a point;
104. 79° 49' 199.17 feet along Grant 992 to W. Whitmarsh to
a point;
Thence, for the next twenty-three (23) courses following along middle of
stonewall and along Grant 992 to
\V. Whitmarsh:
105. 82° 05' 30" 51.64 feet to a point;
106. 83° 1 8' 181.52 feet to a point;
107. 84° 58' 30" 118.82 feet to a point;
108. 85° 30' 30" 145.13 feet to a point;
109. 91° 09' 79.55 feet to a point;
110. 82° 04' 95.77 feet to a point;
1 1 1 . 82° 31' 45" 212.72 feet to a point;
112. 359° 15' 512.31 feet to a point;
113. 268° 21' 280.72 feet to a point;
114. 259° 47' 379.67 feet to a point;
115. 260° 53' 149.26 feet to a point;
116. 259° 07' 153.59 feet to a point;
117. 266° 02' 30" 90.63 feet to a point;
118. 250° 32' 1 15.64 feet to a point;
119. 240° 54' 54.22 feet to a point;
120. 246° 41' 140.89 feet to a point;
121. 256° 30' 30" 95.53 feet to a point;
122. 240° 04' 30" 52.97 feet to a point;
123. 245° 12' 30" 66.16 feet to a point;
124. 257° 45' 30" 34.33 feet to a point;
125. 239° 59' 72.54 feet to a point;
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126. 260° 39' 30" 70.76 feet to a point;
127. 246° 08' 1 1 1.93 feet to a point;
128. 332° 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. 64° 12' 628.00 feet to a point;
130. 79° 26' 602.00 feet to a point;
131. 77° 00' 987.00 feet to a point;
132. 72° 13' 704.78 feet to a point;
133. 154° 42' 918.93 feet along the remainder of Grant 1587
to John Peters to a point;
Thence, following, along the remainder of Grant 1587 to John Peters on a curve
to the right with a radius of 1,030.00, the
chord azimuth and distance being:
134. 174° 32 30" 699.21 feet to a point;
135. 194° 23' 350.20 feet along, the remainder of Grant 1587
to John Peters to a point;
Thence, following alone the remainders of Grant 1587 to John Peters and
Grant 1463 to Keawe on a curve to the
left with a radius of 1,270.00 feet, the
chord azimuth and distance being:
136. 165° 33' 1,224.95 feet to a point;
137. 136° 43' 68.92 feet along the remainder of Grant 1463
to Keawe to a point;
Thence, following along the remainder of Grant 1463
to Keawe on a curve to the right with a
radius of 1,030.00 feet, the chord
azimuth and distance being:
138. 149° 59' 30" 473.03 feet to a point;
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139. 163° 16' 839.35 feet along the remainders of Grant 1463
to Keawe, Grant 1453 to John Cavanah
and Grant 2029 to S. W. Makahiki to a
point;
Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to
the left with a radius of 470.00 feet, the
chord azimuth and distance being:
140. 136° 23' 15" 424.98 feet to a point;
141. 165° 15' 189.91 feet along Grant 1651 to Charles Hall to
the point of beginning and containing an
area of 295.539 Acres. (Refer to Parcel
2 as shown on Exhibit "A".)
SECTION 2. Section 25-88, Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of properties described hereinafter as
follows:
The district classification of the following area situated at 1-Ialekii and Keekee 1st,
South Kona, Hawaii, shall be Agricultural (A-la):
PARCEL 3:
Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly
corner of Lot 39 of Kona Scenic Subdivision, Unit 11 (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. 350° 44' 55" 482.03 feet along Lots 39, 38, 37, 36, 35 and 34
of Kona Scenic Subdivision, Unit II
(File Plan 1591) and along the remainder
of Royal Patent 1670 to John D. Parish
on a portion of Land Commission Award
387, Part 4, Section 2 to American
Board of Commissioners for Foreign
Missions and along the Westerly end of
I-Ialeki'i Street to a point;
2. 78° 30' 470.15 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
3. 348° 30' 438.70 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
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4. 266° 28' 187.31 feet along Lot 3 (Government Land -
County of Hawaii) to a point;
Thence, for the next eleven (I 1) courses following along middle of stonewall:
5. 4° 59' 157.50 feet along Lots 22 and 21 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
6. 17° 24' 30" 102.93 feet along Lots 21 and 20 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
7. 7° 45' 30" 1 74.98 feet along Lots 20 and 19 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
8. 91° 17' 30" 56.46 feet along Lot 18 of Keekee Estates (File
Plan 2087) and along the remainder of
Grant 977 to Panaunau to a point;
9. 355° 54' 30" 333.18 feet along Lots 18 and 17 of Keekee
Estates (File Plan 2087) and along the
remainder of Grant 977 to Panaunau to a
point;
Thence, for the next (our (4) courses following along Grant 866 to Kapule:
10. 86° 02' 30" 309.93 feet along Lot 2 to a point;
11. 80° 19' 207.35 feet along Lot 1 to a point;
12. 75° 14' 183.86 feet along Lot I to a point;
13. 79° 02' 674.13 feet along Lot 1 to a point;
14. 177° 38' 634.16 feet along the remainder of Grant 977 to
Panaunau to a point;
15. 75° 14' 1,338.05 feet along Grant 977 to Panaunau to a
point;
16. 150° 55' 956.00 feet along the remainder of Royal Patent
1670 to John D. Parish on a portion of
Land Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions to
a point;
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17. 251° 45' 902.30 feet along Grant 865 to John Nakookoo
to a point;
Thence. for the next thirty-six (36) courses following along middle of stonewall
and along Grant 865 to John Nakookoo:
18. 250° 02' 30" 41.72 feet to a point;
19. 238° 11' 30" 99.82 feet to a point;
20. 246° 13' 93.37 feet to a point;
21. 253° 29' 121.82 feet to a point;
22. 257° 51' 121.61 feet to a point;
23. 249° 33' 59.76 feet to a point;
24. 245° 51' 177.23 feet to a point;
25. 248° 02' 30" 92.17 feet to a point;
26. 240° 26' 30" 60.37 feet to a point;
77. 21• ° 58' 110.46 feet to a point;
28. 258° 29' 24.30 feet to a point;
29. 274° 56' 30" 31.91 feet to a point;
30. 260° 18' 30" 148.31 feet to a point;
31. 253° 43' 47.09 feet to a point;
32. 243° 21' 30" 89.60 feet to a point;
33. 263° 53' 30" 70.49 feet to a point;
34. 254° 39' 30" 21.88 feet to a point;
35. 269° 41' 41.10 feet to a point;
36. 288° 24' 45.97 feet to a point;
37. 255° 29' 30" 27.38 feet to a point;
38. 241° 21' 30.35 feet to a point;
39. 227° 12' 30" 53.91 feet to a point;
40. 216° 24' 30" 55.73 feet to a point;
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41. 238° 55' 30" 27.24 feet to a point;
42. 255° 23' 30" 29.74 feet to a point;
43. ?-710 22' 69.73 feet to a point;
44. 265° 04' 29.52 feet to a point;
45. 275° 29' 30" 98.69 feet to a point;
46. 271° 04' 85.71 feet to a point;
47. 277° 42' 30" 71.32 feet to a point;
48. 269° 46' 21.84 feet to a point;
49. 270° 48' 110.24 feet to a point;
50. 268° 22' 91.02 feet to a point;
51. 258° 19' 92.53 feet to a point;
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52. 270° 26' 57.58 feet to a point;
53. 265° 38' 177.70 feet to the point of beginning and
containing an area of 94.387 Acres,
more or less. (Refer to Pacel 3 as shown
on Exhibit "A".)
The district classification of the followins, area situated at 1-lalekii, Keekee 1st and
2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd, and 3rd and Onouli 1st, South
Kona, Hawaii, shall be Agricultural (A-la):
PARCEL 4:
Beginning at the Southeasterly corner of this parcel of land, being also a point on the
Northerly boundary of Grant 1 162 to F. O. Schulze, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU OHAU" being
4,046.78 feet South and 6,502.93 feet East and running by azimuths measured clockwise
from True South:
1. 65° 45' 54" 1,071.96 feet along middle of stonewall and along
Grant 1 162 to F. O. Schulze to a point;
2. 78° 08' 30" 1,407.43 feet along middle of stonewall and along
Grant 1 162 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
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Commission Award 8452 to
A. Keohokalole:
3. 203° 12' 488.09 feet to a point;
Thence, following on a curve to the left with a radius of 870.00 feet, the chord
azimuth and distance being:
4. 172° 50' 30" 879.41 feet to a point;
5. 142° 29' 272.49 feet to a point;
Thence, following alone the remainders of Royal Patents 4386 and 7146, Land
Commission Award 8452 to
A. Keohokalole, Grant 1 160 to
H. N. Greenwell, and Grant 1576 to Lohi
on a curve to the right with a radius of
1,130.00 feet, the chord azimuth and
distance being:
6. 169° 47' 1,036.55 feet to a point;
7. 197° 05' 307.17 feet alone the remainders of Grant 1576
to Lohi and Grant 1464 to falua to a
point;
Thence, following along the remainder of Grant 1464 to Ialua on a curve to the
left with a radius of 645.00 feet, the
chord azimuth and distance being:
8. 183° 07' 311.35 feet to a point;
9. 169° 09' 54.98 feet along the remainder of Grant 1464
to lalua to a point;
Thence, following along the remainders of Grant 1464 to Ialua and Grant 1 175
to Nakauwaa on a curve to the right with
a radius of 705.00 feet, the chord
azimuth and distance being:
10. 186° 06' 411.07 feet to a point;
11. 203° 03' 162.63 feet along the remainder of Grant 1 175
to Nakauwaa to a point;
Thence, following along the remainder of Grant 1 175 to Nakauwaa and Grant
1 177 to Kamakahi.ona on a curve to the
left with a radius of 645.00 feet, the
chord azimuth and distance being:
12. 186° 42' 30" 362.96 feet to a point;
-14-
•
$
13. 170° 22' 60.05 feet along the remainder of Grant 1177
to Kamakahiona to a point;
Thence, following along the remainders of Grant 1 177 to Kamakahiona and
Grant 1 176 to Kini on a curve to the
right with a radius of 705.00 feet, the
chord azimuth and distance being:
14. 186° 12' 384.70 feet to a point;
Thence, for the next five (5) courses following along the remainder of
Grant 1 176 to Kini:
15. 202° 02' 35.26 feet to a point;
Thence, following on a curve to the left with a radius of 30.00 feet, the chord
azimuth and distance being:
16. 157° 02' 42.43 feet to a point;
17. 112° 02' 85.32 feet to a point;
Thence, following on a curve to the left with a radius of 645.00 feet, the chord
azimuth and distance being:
18. 97° 14' 329.53 feet to a point;
19. 82° 26' 397.26 feet to a point;
Thence, following along the remainders of Grant 1 176
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. 118° 34' 831.43 feet to a point;
21. 154° 42' 342.97 feet along the remainder of Royal Patent
1670 to John D. Parish on a portion of
Land Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions to
a point;
22. 252° 13' 704.78 feet along Grant 1587 to John Peters and
Grant 865 to John Nakookoo to a point;
-15-
Thence, for the next three (3) courses following along Grant 865 to
John Nakookoo:
23. 257° 00' 987.00 feet to a point;
24. 259° 26' 602.00 feet to a point;
25. 244° 12' 628.00 feet to a point;
26. 330° 55' 956.00 feet along the remainder of Royal Patent
1670 to John D. Parish on a portion of
Land Commission Award 387, Part 4,
Section 2 to American Board of
Commissioners for Foreign Missions to
a point;
27. 255° 14' 1,338.05 feet along Royal Patent 1670 to John D.
Parish on a portion of Land Commission
Award 387, Part 4, Section 2 to
American Board of Commissioners for
Foreign Missions to a point;
28. 357° 38' 634.16 feet along Grant 977 to Panaunau to a
point;
29. 76° 40' 30" 1,596.74 feet along Grant 1 177 to Kamakahiona
to a point;
30. 76° 40' 30" 44.81 feet along Grant 1 177 to Kamakahiona
to a point;
Thence• for the next six (6) courses following along the Westerly side of old
railroad:
31. 353° 25' 54.23 feet to a point;
32. 346° 06' 95.32 feet to a point;
33. 342° 16' 30" 289.54 feet to a point;
34. 341° 04' 132.29 feet to a point;
35. 345° 33' 48.71 feet along the remainders of Grant 1 177
to Kamakahiona and Grant 1 175 to
Nakauwaa to a point;
Thence, for the next six (6) courses following along the remainder of
Grant 1 175 to Nakauwaa:
36. 350° 55' 30" 47.80 feet to a point;
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4 ■
37. 260° 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. 353° 43' 30" 58.69 feet to a point;
39. 1° 03' 30" 50.75 feet to a point;
40. 4° 06' 30" 32.09 feet to a point;
41. 9° 18' 30" 46.75 feet to a point;
Thence, for the next four (4) courses following along the Northerly face of
stonewall:
42. 79° 50' 28.51 feet along Grant 787 to H. N. Greenwell
to a point;
43. 63° 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. 58° 15' 190.84 feet to a point;
45. 95° 12' 30" 36.26 feet to a point;
Thence, for the next ten (10) courses following along the Westerly face of
stonewall:
46. 340° 55' 30" 51.47 feet to a point;
47. 336° 12' 30" 95.40 feet to a point;
48. 340° 54' 85.38 feet to a point;
49. 338° 48' 30" 46.81 feet to a point;
50. 342° 23' 65.75 feet to a point;
51. 334° 35' 30" 65.95 feet to a point;
52. 332° 23' 82.87 feet to a point;
53. 324° 00' 11.13 feet to a point;
54. 332° 36' 30" 113.50 feet to a point;
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55. 347° 43' 24.68 feet to a point;
Thence, for the next four (4) courses following along the Westerly side of old
railroad:
56. 338° 19' 61.45 feet to a point;
57. 327° 39' 30" 17.91 feet to a point;
58. 347° 16' 94.25 feet to a point;
59. 344° 55' 30" 113.58 feet to a point;
60. 267° 05' 30" 16.83 feet to a point;
Thence. for the next six (6) courses following along middle of stonewall:
61. 341° 48' 30" 54.25 feet to a point;
62. 346° 24' 30" 109.52 feet to a point;
63. 330° 20' 62.30 feet to a point;
64. 336° 48' 1 1 1.89 feet to a point;
65. 325° 21' 106.90 feet to a point;
66. 62° 18' 30" 29.22 feet to a point;
Thence, for the next three (3) courses following along Westerly face of
stonewall:
67. 337° 28' 30" 112.46 feet to a point;
68. 337° O8' 183.98 feet to a point;
69. 337° 36' 30" 153.52 feet to a point;
70. 254° 02' 30" 25.45 feet along the Southerly face of
stonewall and along Grant 787 to
H. N. Greenwell to a point;
Thence, for the next seven (7) courses following
along the Westerly side of old railroad
and along the remainder of Royal
Patents 4386 and 7146, Land
Commission Award 8452 to A.
Keohokalole:
71. 338° 26' 168.87 feet to a point;
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4
72. 337° 34' 153.12 feet to a point;
73. 335° 16' 30" 329.74 feet to a point;
74. 336° 16' 30" 122.94 feet to a point;
75. 334° 38' 30" 193.93 feet to a point;
76. 335° 59' 267.46 feet to a point;
77. 329° 13' 30" 141.50 feet to the point of beginning and
containing an area of 271.415 Acres.
(Refer to Parcel 4 as shown on Exhibit
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 aygreement, 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
four (4) years fioni the effective date of this rezoning as determined in Condition B;
Final Subdivision Approval shall be secured within Live (5) years from the effective
date of this rezoning as determined in Condition B. For the purpose of this ordinance,
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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;
(I=) 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-l-listoric Preservation Division, prior to submitting plans for
subdivision review. The Plan shall consist of three subplans:
(1) an archaeological data recovery plan for the sites to undergo data recovery,
(2) a detailed interim protection/preservation plan for the sites to undergo
preservation. and
(3) an interpretation plan which shall include buffer zones, signage and long-range
preservation concerns which may be submitted at a later date. Approved
mitigation measures shall be implemented prior to or in conjunction with any
land alterations within the subject property;
(H) The applicant shall be responsible to comply with Condition No. 8 of SMA Permit No.
345 issued to the applicant on November 5, 1993; provided, that the construction of
the coastline park and access ways shall be subject to the obtaining of all necessary
discretionary permits (e.g., Conservation District Use Approval; Special Management
Area Use Permit, etc.); provided, further, that the applicant shall be responsible to
comply with the following terms and conditions:
(1) The applicant shall develop and submit a comprehensive public shoreline
access plan for the subject property and the properties described in the SMA
Permit No. 345, subject to the review and approval by the Planning Director, in
consultation with the Department of Land and Natural Resources, prior to Final
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4
4
Subdivision Approval, or any land alteration activity, whichever comes first;
(2) An area comprising twenty-five percent (25%) of the total park area, as shown
on Exhibit "E" attached hereto and made a part hereof, shall be developed and
improved by the applicant or its agent in phases within five (5) years from the
date Final Subdivision Approval is obtained on the subject property. The first
phase shall be completed and open to the public within thirty (30) days
following the opening, of the golf course;
(3) No more than a total land area of twelve (12) acres shall be permitted to be
constructed, operated and maintained as part of the applicant's golf course,
approved as Use Permit No. 115, and included within the coastline park or the
existing conservation district lands;
(4) A minimum of twenty-five (25) public parking stalls in addition to parking
stalls for residents, guests, and employees within the subject property and the
applicant's adjacent lands at the principal shoreline access parking area(s),
signage and provisions for public access for night fishing and marine food
gathering purposes over designated vehicular and pedestrian access routes
subject to restrictions which limit said uses to recreation uses only, and other
restrictions which provide for the health and safety of the general public and
residents alike; and
(5) The public shoreline access plan shall also integrate where appropriate, any
public accessway(s) to interpretive trail system(s) and to the historical and
archaeological sites to be approved by the Planning Director, in consultation
with the Department of Land and Natural Resources in conjunction with the
detail mitigation plan for the park area situated in the Conservation district.
(I) Prior to final approval of a small lot subdivision plat within the subject property, the
applicant shall convey to the County of Hawaii by way of a perpetual easement the
right to public access and recreational use of the coastline park and trails; provided,
that restrictions in accordance with Chapter 115, I-Iawaii Revised Statutes, will be
allowed to be established by the applicant, subject to the approval of the Planning
Director, to promote public health and safety and the general security of the premises
for residents and guest of the project to protect the area' pristine condition, and to
minimize any liability to the applicant, pursuant to Chapter 520, Section 520-4,
Hawaii Revised Statutes. The applicant shall own the coastline park and trails in fee
simple and maintain all lands in the coastline park area and operate such facility for
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public recreational use in accordance with the above terms and conditions;
(J) Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be encountered,
work in the immediate area shall cease and the Planning Director shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
Planning Director when it finds that sufficient mitigative measures have been taken;
(K) A solid waste management plan shall be prepared meeting with the approval of the
Department of Public Works prior to submitting plans for subdivision review. The
Plan shall include, but not be limited to, the management of construction solid waste
as well as operating and domestic solid waste generated by the subject property.
Approved recommendations and mitigation measures shall be implemented at a time
and in a manner meeting with the approval of the Department of Public Works;
(L) Roadway improvements and access(es) to the subject property, including all plans and
construction, shall meet with the approval of the Department of Public Works. Prior
to the issuance of Final Subdivision Approval for any portion of the subject property,
the applicant shall:
(1) construct the channelization and signalization of the Mamalahoa 1-lighway-
1-laleki'i Street intersection;
(2) determine the final right-of-way alignment of the entire Mamalahoa Highway
Bypass [road as shown in Exhibit "C",] 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 [within the Phase Two portion] of the Mamalahoa Highway
Bypass [road], the requirement shall be deemed fulfilled upon the county's
formal initiation of condemnation action for such segments and an agreement
has been entered into [to] between the applicant and the county providing for
the applicant's reimbursement to the county for the acquisition of the lands
condemned;
(3) construct [Phase One of] the Mamalahoa Highway Bypass [as shown in
Exhibit "C",] 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;
[(4) construct the channelization improvements on Kuakini Highway at its
intersection with the north end of the Mamalahoa Bypass;]
(4) [(5)] construct the extension of I-Ialeki'i Street through the subject property as
generally reflected in Exhibit "B", which phasing of improvements shall be
approved by the Department of Public Works. [A] If, before the completion
and opening of the entire Mamalahoa I-Iighwav Bypass, a portion of said
bypass is completed and opened,and said portion provides 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. [prior to the completion of Phase
1 of the Mamalahoa Highway Bypass or the construction of any dwelling unit
or 2,olfcourse clubhouse facility, whichever occurs first.] The purpose of this
condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare
between the existing Mamalahoa Highway and a portion [the Phase 1 section
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
J5)[(6)] provide roadway stub-outs, generally shown in Exhibit "B", to provide future
connections between the subject property, [the Alii Highway, and southern
extensions there from;] 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 [State Department of
Transportation-Highways Division Standards for a regional arterial bypass highway or
segments thereof, and] standards set forth by the Department of Public Works for Alii
Highway with such modifications as may he 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[. Roadway segments providing the bypass's
connection with the existing highways at its north termini shall be built to county
dedicable standards for secondary arterials, pursuant to Chapter 23 of the Hawaii
County Code, instead of the State DOT standards for major arterials, in the case where
-23-
the roadway segment is consistent with a Department of Transportation plan which
provides for such segments to be a lesser, connector road and for the later extension of
the arterial bypass highway to be substantially further north or south before merging
with other arterial roadways]; provided that the applicant shall enter into a
reimbursement agreement with the County which sets forth the terms and conditions
of reimbursement for costs incurred for the construction, land acquisition and design
of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by
other developers or landowners whom the county may determine as benefiting from
the Mamalahoa Highway Bypass [Highway] 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 [I-lighway] incurred by the applicant,
less the pro rata portion attributed to the subject property;
[(M) Prior to Final Subdivision Approval of any portion within Area 2 as shown in Exhibit
"D" except for the golfcourse, golf clubhouse, lodge and related facilities, the
applicant shall:
(1) complete the construction of the Phase Two of the Mamalahoa Bypass
consisting. of two lanes with sufficient right-of-way for a total of four lanes as
shown in Exhibit "C", meeting. with the approval of the Department of Public
Works, in consultation with the State Department of Transportation-Highways
Division; and
(2) complete the construction of the Mamalahoa Bypass channelization
improvements at its intersection with Mamalahoa Highway and Napo'opo'o -
Road, meeting with the requirements of the Department of Public Works, in
consultation with the State Department of Transportation-I-lighways Division;]
(11)[(N)] All roadway improvements stated in Condition L [and M] of this ordinance shall be
dedicated to the [appropriate government entity. Those improvements associated with
the Mamalahoa l-lighway Bypass shall by offered to the State Director of
Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any
connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted
by the State Director of Transportation shall be dedicated to the County, as provided
by law] County of Hawaii;
(N)[O)] To ensure that the Goals and Policies of the Recreational Element of the General
Plan are implemented, the applicant shall provide a maximum of two acres of land
-24-
` ,
4
•
abutting the north side of Kona Scenic Park for public purposes prior to Final
Subdivision Approval of the subject property.
(2[(P)] In lieu of actual construction of infrastructural improvements as required under
Conditions D, F, I-I, K, and L,[and M,] the applicant may enter into an agreement with
the Planning Director to assure the county that the infrastructural improvements will
be constructed together with the appropriate bond, surety or other security deemed
acceptable to the Planning Director and the Corporation Counsel. Upon execution of
such agreement and/or filing of the security with the County, Final Subdivision
approval for the subject property or portions thereof shall be granted prior to the actual
construction of required infrastructural improvements;
(P) [(Q)] The Applicant shall participate in the funding and construction of any regional
roadway improvements as may be required by the State Department of Transportation,
provided that any costs borne by the applicant shall be credited and limited to the
amount of its fair share contribution for regional road and traffic impacts, as required
in Condition[s] L [and 1M];
(Q)[(R)] It shall be demonstrated to the satisfaction of the Planning Director that agricultural
activity is being conducted on the subdivided lots within three years from the date of
Final Subdivision Approval. For the 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;
(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;
(R)[(S)] Restrictive covenants in the deeds of all the proposed lots shall prohibit the
construction of a second dwelling unit on each lot; provided that this shall not preclude
-2�-
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;
(S)[(T)] The Applicant shall pay its lair share contribution to address potential regional impacts
of the subject property with respect to park, fire, police, solid waste disposal facilities,
sewer and roads. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be increased
or reduced proportionally if the agricultural lot counts are adjusted. The fair share
contributions described below shall be adjusted annually based on the percentage
change in the Honolulu Consumer Price Index (I-ICPI). The fair share contribution for
each agricultural zoned lot of the subject property less than ten acres in size shall be
based on a maximum density for each lot as determined by the zoning resulting from
this change of zone. The fair share contribution in a form of cash, land, facilities, or
any combination thereof shall have a maximum combined value of$ 4,701,205.74. In
lieu of paying the fair share contribution. the applicant may construct such
improvements/facilities related to park, fire, police, solid waste disposal facilities,
sewers and roads with the approval of the appropriate agency(ies).
Any contributions required by this ordinance that exceed the fair share requirement of
this proposed development shall, at the applicant's request be credited towards any of
the applicant's future developments that require infrastructural impact contributions; -
fT)[(U)] The Applicant shall conform, to the best extent practicable, with the guidelines as
provided within the Strategies for Energy Efficient Architecture by Hawaiian Design
and the State Model Energy Code, in the construction of dwellings within the subject
property;
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;
alj[(W)] Comply with all applicable laws, rules, regulations and requirements, including those
of the Department of Health, Fire, and the Department of Water Supply;
j [(X)] Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified Impact Fees Ordinance;
-26-
•
(X)[(Y)] An annual progress report shall be submitted to the Planning Director prior to each
anniversary date of the approval of this change of zone. The report shall address in
detail the status of the development and the compliance with the conditions of
approval. This condition shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges that further reports
are not required; and,
fY)[(Z)] An extension of time for the performance of conditions within the ordinance, with the
exception of Condition C, may be granted by the Planning Director upon the following
circumstances:
(I) 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.
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. In the event that any portion of the ordinance is declared invalid, such invalidity
shall not affect the other parts of this ordinance.
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SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED:
REFERENCE: Corn:
839
-2S-
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OFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 96720
Dec. 19, 1995
Refer: Bill 131 , D. //
C-339
To: Mayor
Re: Ord. rill Alrendin the N. & S . Yore Zone lf.-a7s , Zoning Code &
Ord. No. 94-73 - TMK 7-9-06:Por. of 1 ; 7-9-12:Por. of 3, 4 & 5 &
8-1-04:Por. of 3 (Oceanside 1250)
The following is the action of th,,c HawOir,Covaty Council adopted at
its meeting held vac. .1.) ,
Bill 181 , Draft 4,'passed 1st reading
ard PC Re-port 1:o. 37°.cvas adopted.
COUNTY CLERK
Att.
cc: Planning Dept.
Planning Commission
7-1\1-€1714)
,
7),.J3: _DEO .1:5 _1995
REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 1, 1995 Re: C-839
PLACE: Council room
TIME: 9:10 a.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning to which was referred Bill No. 181 regarding amendments to
Ordinance No. 94-73 by Oceanside 1250, reports as follows:
Bill No. 181 amends Section 25-87 (North Kona Zone Map) and Section 25-88 (South Kona
Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, and Ordinance
No. 94-73, which reclassified certain lands from an Agricultural - 5 acre (A-5a) and Unplanned
(U) to an Agricultural -one acre (A-la) zoned district at Honuaino 3rd and 4th, Hokukano 1st
and 2nd, Kanaueue 1st and 2nd, Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd,
Kalukalu 1st, 2nd and 3rd and Onouli 1st,North Kona and South Kona, Hawaii,
TMK: 7-9-06:Portion of 1, 7-9-12:Portions of 3, 4, and 5 and 8-1-04:Portion of 3.
The subject property represents a 756 acre portion of the approximately 1,540 acres of a master
planned community known as the Villages at Hokukano. For information regarding Change of
Zone Ordinance No. 94-73, see PC Report No. 107.
Bill No. 181 replaces Bill No. 154. Bill No. 154 was technically flawed because the title of the
bill specified five conditions of the bill and did not reflect the realphabetizing of the conditions
which were considered as minor technical amendments. Your Committee, therefore, deferred
and referred Bill No. 154 back to the Planning Commission so that the title could be amended
and a new bill would be submitted to the Council. Bill No. 181 is the new bill.
The applicant originally proposed to develop the Mamalahoa Highway Bypass to divert through
traffic from Mamalahoa Highway and relieve the current congestion at peak traffic hours within
the Kealakekua/Honalo area.
In reviewing various potential alignments, the Department of Public Works determined that its
preferred alignment of the Mamalahoa Highway Bypass would link Alii Highway with the
Mamalahoa Highway-Napo'opo'o Road intersection.
Based on its findings, this alternative would provide the best overall circulation system for this
region of Kona in accordance with the General Plan Facilities Map. It provides an alternative
traffic corridor to Mauka Kona while at the same time reducing congestion along Kuakini
Highway by limiting the number of signalized intersections. It also minimizes the impact on
PC REPORT NO.: 8 7
S .
PC- 87 Page 2 December 1, 1995
existing agricultural and residential areas and businesses.
Further, the applicant is proposing to develop the Mamalahoa Highway Bypass in a single
increment rather than two phases as originally allowed in Ordinance No. 94-73.
The Planning Commission concurs with the following Planning Director's reasons for
recommending a favorable consideration for proposed amendments:
(1) The amendments are a result of conditions which could not have been foreseen or
are beyond the control of the applicant; and
(2) Approval of this amendment request would not be contrary to the General Plan or
Zoning Code or the original reasons for granting the change of zone.
The Planning Commission further suggests that the Council consider the deletion of Condition
H(3) because this condition relating to the golf course in the State Land Use Conservation
District has been ruled to be invalid by the courts because this provision is regulated by the
Board of Natural Resources, not the County.
The Chief Engineer of the Public Department provided testimony in support of the proposed
Mamalahoa Highway Bypass alignment linking with the Alii Highway with the Mamalahoa
Highway-Napoopoo Road intersection because it provides two parallel.roadways rather than
providing a short bypass, connecting near Higashihara Park. About two of the six miles of the
proposed bypass falls within the applicant's property.
The applicant assured Your Committee with a metes and bounds description of the road right-of-
way and evidence of its ownership or control prior to construction or bonding of any of the
Mamalahoa Highway bypass improvements.
Your Committee deliberated on the conditions of Bill No. 181 and amended Bill No. 181 as
follows:
(1) Deletion of Condition(T) relating to conformance with guidelines of the Model
Energy Code since the Model Energy Code has been adopted as part of the
Hawaii County Code;
(2) Deletion of Condition(P) requiring payment of contribution to the State DOT for
regional improvements since the proposed Mamalahoa Bypass will not involve
any connection with State roads;
PC REPORT NO.: 8 7
►-,
lip
PC- 87 Page 3 December 1, 1995
(3) Condition(H) include language from the Condition No. 8 of the SMA Permit No.
345 to insure that the provisions relating to public shoreline access are provided
regardless of the status of the SMA Permit No. 345 and deletion of H(1) and H(3);
(4) Condition(I) includes language to clarify private-public trails and delete reference
to Chapter 115, HRS, relating to public access because Chapter 115 pertains to the
powers of the county which cannot be transferred to the applicant;
(5) Condition(L) to add language to clarify the intent that the portion of the proposed
Mamalahoa Highway Bypass between Keauhou and Haleki'i Street will be
constructed prior to occupancy of any dwelling within the project.
(6) To maintain consistency in Bill Nos. 181 and 158, similar language should be
reflected in both bills.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 181, Draft 2,
and recommends that it pass first reading.
CES
Respectfully submitted
AYES NOES A&E EX COMMITTEE ON PLANNING
DOMINGO X ,. '.
DELIMA X
=jU X 'I' ), C X
CHILDS X PC REPORT NO. 8 7
RATH X frr;.. -
ADOPTED:
BONK-ABRAMSON E.O.M. X