HomeMy WebLinkAboutBIL 113 Draft 03 1992-1994 iionr440 li
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 113
(Draft 3)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP) , ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM UNPLANNED (U) TO AGRICULTURAL (A-la) , RESORT-HOTEL (V-2 . 0)
AND OPEN (0) AT KOU, KAMANO, MAHUKONA 1ST AND 2ND, HIHIU AND
KAOMA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP
KEY 5-7-03 :PORTIONS OF 2 AND 10 .
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 25-95A, 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 Kou and Kamano, North Kohala, Hawaii, shall be
Agricultural (A-la) :
PARCEL A:
Beginning at the Northeast corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PUU 0 NALE" being 2, 735 . 52 feet
South and 18,458 . 82 feet West, and thence running by
azimuths measured clockwise from true South:
1. Along remainders of Grant 3405 to. Trustees of the
Estate of James Woods and
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) , on a curve to
the left with a radius of
1, 110 . 00 feet, the direct
azimuth and distance being:
000 43 ' 31" 182 . 88 feet;
2 . 356° 00 ' 264 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
3 . 86° 00 ' 74 .00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
4 . 129° 00 ' 414 . 00 feet along remainders of
Grant 3405 to Trustees of
the Estate of James Woods
and L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
5 . 111° 00 ' 377. 00 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Woods;
6 . 108° 00 ' 468 .79 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Woods;
7. 274° 19 ' 45" 1, 180 . 63 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Woods
to the point of beginning
and containing an area of
218, 817 square feet or
5 . 023 Acres . (Refer to
Parcel A as shown on
Exhibit "A" . )
The district classification of the following area
situated at Kou and Kamano, North Kohala, Hawaii, shall be
Agricultural (A-la) :
PARCEL B:
Beginning at the Southeast corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PUU 0 NALE" being 3 , 858 . 63 feet
South and 19,261.04 feet West, and thence running by
—2-
0 30
azimuths measured clockwise from true South:
1. 177° 00 ' 95 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
2 . 168° 00 ' 90 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
3 . 145° 00 ' 134 .00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
4 . 237° 00 ' 10 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
5 . 145° 00 ' 46 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
6 . 182° 30 ' 95 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
7. 142° 00 ' 60 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
8 . 95° 00 ' 59 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
-3-
p
9 . 62° 30 ' 134 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
10 . 92° 30 ' 44 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
11. 129° 30 ' 103 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
12 . 135° 30 ' 189 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
13 . 118° 00 ' 169 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) and Grant 3405 to
Trustees of the Estate of
James Wood;
14 . 143° 00 ' 91. 96 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
15 . 255° 30 ' 103 . 16 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
16 . 245° 00 ' 191. 00 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
17. 289° 00 ' 350 . 00 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood
and L.C.Aw. 7715, Ap 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
—4-
♦ _►
18 . 298° 00 ' 87. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
19 . 293° 00 ' 177. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
20 . 296° 00 ' 144 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
21. Thence along remainder of L.C.Aw. 7715, Ap. 7 to Lota
Kamehameha (Certificate of
Boundaries No. 145) , on a
curve to the left with a
radius of 500 . 00 feet, the
chord azimuth and distance
being:
287° 30 ' 147. 81 feet;
22 . 279° 00 ' 157. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
23 . 4° 00 ' 70 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
24 . 43° 00 ' 80 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
25 . Thence along remainder of L.C.Aw. 7715, Ap. 7 to Lota
Kamehameha (Certificate of
Boundaries No. 145) , on a
—5-
i
curve to the left with a
radius of 200 .00 feet, the
chord azimuth and distance
being:
19° 00 ' 162 . 69 feet;
26 . 355° 00 ' 86 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
27 . 39° 00 ' 342 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
28 . 124° 00 ' 191. 98 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) to the point of
beginning and containing
an area of 480, 825 square
feet or 11. 038 Acres .
(Refer to Parcel B as
shown on Exhibit "A" . )
The district classification of the following area
situated at Kamano and Mahukona 1st, North Kohala, Hawaii,
shall be Resort-Hotel (V-2 . 0) :
PARCEL C:
Beginning at the North corner of this parcel of land, said
point of beginning referred to Government Survey
Triangulation Station "PUU 0 NALE" being 3 , 858 . 63 feet
South and 19,261. 04 feet West, and thence running by
azimuths measured clockwise from true South:
1. 50° 30 ' 154 . 05 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
—6-
• �►
2 . 344° 00 ' 56 . 94 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
3 . 310° 00 ' 128 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
4 . 338° 00 ' 62 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
5 . 354° 00 ' 59 . 00 feet along remainders of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) and Mahele to
Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
6 . 26° 30 ' 97. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
7. 55° 00 ' 142 .41 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
8 . 325° 00 ' 287.32 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
9 . 54° 00 ' 84 .32 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
10 . 324° 00 ' 48 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
—7-
S
11. 234° 00 ' 16 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
12 . 324° 00 ' 39 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
13 . 352° 00 ' 20 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
14 . 25° 00 ' 36 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
15 . 50° 00 ' 174 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
16 . 111° 00 '. 27. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
17. 50° 00 ' 32. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
18 . 13° 00 ' 16 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
19 . 64° 00 ' 152 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
20 . 84° 00 ' 68 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
—8-
21. 27° 00 ' 23 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
22 . 113° 30 ' 41.00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
23 . 120° 30 ' 188 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
24 . 130° 00 ' 291. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
25 . 40° 00 ' 38 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
26 . 130° 00 ' 141. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
27. 220° 30 ' 183 . 12 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
28 . 231° 30 ' 68 . 13 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
29 . 220° 30 ' 200 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
_9_
• +►
30 . 310° 30 ' 40 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
31. 220° 30 ' 95 .77 feet along remainders of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) and L.C.Aw. 7715,
Ap. 7 to Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
32 . 273° 00 ' 5 .25 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
33 . 3° 00 ' 74 .42 feet along remainders of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) and L.C.Aw. 7715,
Ap. 7 to Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
34 . 338° 00 ' 31. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
35 . 307° 30 ' 18 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
36 . 286° 00 ' 63 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
37. 254° 00 ' 32 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
38 . 228° 00 ' 103 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
—10-
• jM1
39 . 293° 30 ' 21. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
40 . 236° 30 ' 63 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
41. 170° 00 ' 111. 00 feet along remainders
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) and L.C.Aw. 7715,
Ap. 7 to Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
42 . 158° 00 , 89 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
43 . 248° 00 ' 52 .00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
44 . 187° 40 ' 212. 54 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
45 . 235° 00 ' 75 .42 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
46 . 175° 30 ' 95 .00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
—11-
S �►
47 . 123° 00 ' 123 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
48 . 133° 00 ' 80 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
49 . 226° 00 ' 104 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
50 . 314° 00 ' 52 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
51. 297° 00 ' 28 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
52 . 260° 30 ' 40 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
53 . 239° 30 ' 62 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
54 . 325° 00 ' 30 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
—12-
F ♦ A
55 . 237° 00 ' 21.00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
56 . 325° 00 ' 134. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
57 . 348° 00 ' 90 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
58 . 357° 00 ' 95 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) to the point of
beginning and containing
an area of 623, 968 square
feet or 14 .324 Acres .
(Refer to Parcel C as
shown on Exhibit "A" . )
The district classification of the following area
situated at Mahukona 2nd, Hihiu and Kaoma, North Kohala,
Hawaii, shall be Agricultural (A-la) :
PARCEL D:
Beginning at the Southeast corner of this parcel of land,
said point of beginning referred to Government Survey
Triangulation Station "PUU 0 NALE" being 7,377.30 feet
South and 17, 941.40 feet West, and thence running by
azimuths measured clockwise from true South:
1. 75° 52 ' 16" 659 . 11 feet along the Government
Land of Puukole;
2 . 81° 21 ' 30" 829 . 85 feet along the Government
Land of Puukole;
—13-
3 . 183° 18 ' 1,269 .96 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
4 . Thence along the East side of a Government Road, on a
curve to the left with
radius of 79 . 64 feet, the
chord azimuth and distance
being:
215° 32 ' 49" 42 . 69 feet;
5 . Thence along the East side of a Government Road, on a
curve to the left with a
radius of 325 . 00 feet, the
chord azimuth and distance
being:
195° 03 ' 30" 55 . 99 feet;
6 . 272° 00 ' 186 .25 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
7 . Thence along remainder of Grant 1992 to J. Henry
Christiansen, on a curve
to the left with a radius
of 150 . 00 feet, the chord
azimuth and distance being:
233° 30 ' 186 .75 feet;
8 . 195° 00 ' 351. 00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
9 . 210° 00 ' 408 . 00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
10 . 296° 00 ' 113 .00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
11. 357° 00 ' 253 . 00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
12 . 347° 00 ' 555 .00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
-14-
`j ! 4
13 . 340° 00 ' 324 .00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
14 . 257° 00 ' 277 . 00 feet along remainder of
Grant 1992 to J. Henry
Christiansen;
15 . 349° 46 ' 49 . 5" 151.00 feet along the West side
of Mahukona - Hawi Road
[Project No. RS-0270(2) ] ;
16 . Thence along the West side of Mahukona - Hawi Road
[Project No. RS-0270(2) ] ,
on a curve to the right
with a radius of
4623 . 66 feet, the chord
azimuth and distance being:
353° 41 ' 49 . 5" 620 .71 feet;
17 . 357° 36 ' 49 . 5" 17 .37 feet along the West side
of Mahukona - Hawi Road
[Project No. RS-0270(2) ]
to the point of beginning
and containing an area of
1, 846,464 square feet or
42 .389 Acres . (Refer to
Parcel D as shown on
Exhibit "A" . )
The district classification of the following area
situated at Kou, Kamano and Mahukona 1st, North Kohala,
Hawaii, shall be Open (0) :
PARCEL E:
Beginning at the North corner of this parcel of land, said
point of beginning referred to Government Survey
Triangulation Station "PUU 0 NALE" being 2, 979 .30 feet
South and 20, 128 . 14 feet West, and thence running by
azimuths measured clockwise from true South:
1. 323° 00 ' 221. 00 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
-15-
) i ►
2 . 298° 00 ' 169 . 00 feet along remainders of
Grant 3405 to Trustees of
the Estate of James Wood
and L.C.Aw. 7715, Ap 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
3 . 315° 30 ' 189.00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
4 . 309° 30 ' 103 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
5 . 272° 30 ' 44 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
6 . 242° 30 ' 134 .00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
7. 275° 00 ' 59 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
8 . 322° 00 ' 60 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
9 . 2° 30 ' 95 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
—16-
,) i -;
10 . 325° 00 ' 46 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
11. 57° 00 ' 31. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
12 . 145° 00 ' 30 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
13 . 59° 30 ' 62.00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
14 . 80° 30 ' 40 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
15 . 117° 00 ' 28 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
16 . 134° 00 ' 52 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
17. 46° 00 ' 104 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
18 . 313° 00 ' 80 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
-17-
$
19 . 303° 00 ' 123 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
20 . 355° 30 ' 95 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
21. 55° 00 ' 75 .42 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
22 . 7° 40 ' 212 . 54 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
23 . 68° 00 ' 52 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
24 . 338° 00 ' 89 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
25 . 350° 00 ' 111. 00 feet along remainders of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) and Mahele to
Ruth to Keelikolani
(Certificate of Boundaries
No. 146) ;
26 . 56° 30 ' 63 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
—18-
6 s
27 . 113° 30 ' 21. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
28 . 48° 00 ' 103 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
29 . 74° 00 ' 32 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
30 . 106° 00 ' 63 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
31. 127° 30 ' 18 . 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
32 . 158° 00 ' 31. 00 feet along remainder of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) ;
33 . 183° 00 ' 74 .42 feet along remainders of
Mahele to Ruth Keelikolani
(Certificate of Boundaries
No. 146) and L.C.Aw. 7715,
Ap. 7 to Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
34 . 93° 00 ' 82 . 61 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
35 . Thence along remainder of L.C.Aw. 7715, Ap. 7 to Lota
Kamehameha (Certificate of
Boundaries No. 145) , on a
curve to the left with a
radius of 185 . 00 feet, the
—19-
$ a
chord azimuth and distance
being:
195° 49 ' 20" 40 .74 feet;
36 . 189° 30 ' 63 .41 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
37. 193° 30 ' 32 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
38 . 191° 30 ' 94 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
39 . 192° 00 ' 127. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
40 . 191° 00 ' 52 .40 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
41. Thence along remainder of L.C.Aw. 7715, Ap. 7 to Lota
Kamehameha (Certificate of
Boundaries No. 145) , on a
curve to the left with a
radius of 320 . 00 feet, the
chord azimuth and distance
being:
153° 00 ' 394 . 02 feet;
42 . 115° 00 ' 96 . 62 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
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* #
43 . Thence along remainder of L.C.Aw. 7715, Ap. 7 to Lota
Kamehameha (Certificate of
Boundaries No. 145) , on a
curve to the right with a
radius of 250. 00 feet, the
chord azimuth and distance
being:
132° 00 ' 146 . 19 feet;
44 . 149° 00 ' 20 . 85 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
45 . 153° 00 ' 53 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
46 . 151° 30 ' 64 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
47. 159° 30 ' 49 . 00 feet along remainders of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) and Grant 3405 to
Trustees of the Estate of
James Wood;
48 . 151° 30 ' 75 . 68 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
49 . Thence along remainder of Grant 3405 to Trustees of
the Estate of James Wood,
on a curve to the right
with a radius of 265 .00
feet, the chord azimuth
and distance being:
163° 33 ' 45" 110 . 76 feet;
50 . 267° 00 ' 74 . 61 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
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51. 248° 00 ' 135 .27 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood
to the point of beginning
and containing an area of
481, 129 square feet or
11. 045 Acres . (Refer to
Parcel E as shown on
Exhibit "A" . )
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof .
SECTION 2 . These changes in district classification are
conditioned upon the following: (A) the applicant, its
successors or assigns shall be responsible for complying with
all of the stated conditions of approval; (B) the effective
date of the change of zone shall be (1) when the applicant
provides assurance satisfactory to the Departments of Water
Supply and Planning, upon consultation with the State
Department of Health and the Department of Land and Natural
Resources, that a water source(s) of sufficient quality and
quantity has/have been established within two years from the
enactment of this ordinance; provided that a maximum one-year
extension may be granted by the Planning Director with
reasonable and sufficient justification; and (2) an agreement
together with the appropriate bond, surety or other security
deemed acceptable by the Planning Director, is executed between
the applicant and the County through its Departments of Water
Supply and Planning for the actual development of a proven
source and its water transmission and distribution system
—22-
within one year from the official date of compliance with
condition B(1) ; provided that a one-year extension may be
granted by the Planning Director with reasonable and sufficient
justification; (C) construction of the hotel and all interior
roads providing access to the parking areas for the Public
Shoreline Access Areas shall be completed within five years
from the effective date of the change of zone. Appropriate
plans to be submitted for subdivision of the proposed lots,
including plans to be submitted for Final Plan Approval of the
proposed hotel complex shall be consistent with all applicable
conditions of approval as required by the change of zone. Open
space buffer areas or easements in addition to that proposed on
the current project plan shall be provided, as determined by
the Planning Director, between the following features :
(1) Maumalei Heiau and the proposed swimming pool,
(2) Ko ' aholomoana Heiau (Ko ' a Heiau) and the golf course,
(3) the Mahukona Park and Harbor Access Road Public Access
Parking area and the golf course, (4) a minimum of one hundred
forty (140) feet from the certified shoreline to the proposed
hotel structure(s) at Nishimura Bay, and (5) the boundaries of
the project and Kapaa Park and Mahukona Park. Plans shall
identify improvements, structures, landscaping, and parking
stalls associated with the proposed development; (D) a detailed
historic sites mitigation plan which must be approved by the
Planning Director and the State Historic Preservation Division
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prior to its implementation shall be submitted for the
treatment of the significant historic sites . The Plan shall
consist of two subplans : (1) an archaeological data recovery
plan (scope of work) for the sites to undergo data recovery and
(2) a detailed preservation plan for the sites to undergo
preservation, to include buffer zones, interim protection
measures, and long-range preservation concerns . These offices
must also verify in writing that the plan is successfully
executed. No land alteration can occur in the project area
until at least the data recovery fieldwork and interim
protection measures or approved phases thereof are verified to
be successfully executed; (E) should any unidentified sites or
remains such as artifacts, shell, bone, or charcoal deposits,
human burials, rock or coral alignments, paving or walks be
encountered, work in the immediate area shall cease and the
Planning Department shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the
Planning Department when it finds that sufficient mitigative
measures have been taken; (F) an analysis of the flood/drainage
problems at the existing drainage structures along Akoni Pule
Highway shall be completed. A drainage system shall be
installed meeting with the approval of the Department of Public
Works and Department of Transportation, Highways Division; (G)
to ensure that the Goals and Policies of the Housing Element of
the General Plan are implemented, the applicant shall work with
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9
the Office of Housing and Community Development and the
Planning Department to formulate a housing plan for the
development, which shall be consistent with the interim
affordable housing policy of the County as contained in the
Hawaii County Housing Agency Resolution No. 65 or subsequently
adopted policies . This housing plan shall be approved by the
County Housing Agency prior to Final Plan Approval of any
portion of the Resort zoned area; Provided that the applicant
shall notify the County Housing Agency of any intent to sell,
lease, assign, place in trust or otherwise voluntarily alter
the ownership interest in the property prior to visible
commencement of construction on the property; provided further
that the applicant may transfer ownership in the property to an
affiliate or in a manner consistent with prior representations
to the County Housing Agency. In the event the applicant
conveys an ownership, leasehold, or controlling development
interest in the Resort zoned area prior to the approval of the
housing plan by the Hawaii County Housing Agency, a pro rata
portion of the affordable housing requirement, based upon unit
density of the land affected by such sale, lease or conveyance,
shall be satisfied by either an in-lieu payment, land, or any
combination thereof by the applicant upon such conveyance of
ownership, leasehold or controlling development interest of the
Resort-zoned area. The in-lieu payment, land, or any
combination thereof for the Resort zoned area shall be based on
—25-
a maximum of density for the Resort zoned area, as determined
by the applicant with the concurrence of the Planning
Director. The amount and method of satisfying this requirement
shall be determined by the County Housing Agency; (H) a job
training program for the operating phase of the hotel shall be
developed and submitted to the Planning Director for review and
approval prior to receipt of Final Plan Approval for the hotel;
(I) the applicant shall design the project lighting to minimize
the impact on educational opportunities at the celestial
navigational heiau identified as "Ko ' aholomoana" (Ko ' a Heiau) ,
and in addition to the requirements of Ordinance No. 88-122,
relating to outdoor lighting; (J) to ensure that the goals and
policies of the Recreational Element of the General Plan are
implemented, the applicant shall [provide land, the equivalent
value in the] design and [construction of] construct
improvements [ , or a combination thereof, ] for offsite public
park and recreational purposes to be implemented at Kapaa Beach
Park and Mahukona Beach Park as follows : (1) Kapaa Beach Park
shall provide for public camping and other passive recreational
uses and shall be developed in two phases . The Kapaa Beach
Park Phase I improvements shall be completed and available for
public use prior to the official opening of the resort golf
course, and shall include provisions for a potable water
system, electrical service to the existing pavilion and
restroom/pavilion facility improvements commensurate with the
--26-
e
level of park activity. The Kapaa Beach Park Phase II
improvements shall be completed and available for public use
upon occupancy of the hotel, and shall include provisions for a
minimum of twenty-two additional grassed and irrigated
campsites, one new restroom building with facilities for
wastewater treatment and a paved parking area with a minimum of
twenty-five stalls; (2) Mahukona Park shall provide for active
recreational uses and shall be developed in two phases .
Mahukona Park Phase I improvements shall be completed and
available for public use prior to the official opening of the
resort golf course, and shall include provisions for a potable
water system, electrical service to the existing pavilion and
restroom/pavilion facility improvements commensurate with the
level of park activity. The Mahukona Park Phase II
improvements shall be completed and available for public use
upon occupancy of the hotel, and shall include resurfacing
improvements to Mahukona Park and Harbor Access Road from its
intersection with Akoni Pule Highway to Mahukona Park, a paved
parking area with a minimum of thirty-two stalls, a minimum of
two acres of graded, irrigated and landscaped lawn area, and
one new restroom building with facilities for wastewater
treatment; (3) the applicant shall, in consultation with the
Department of Parks and Recreation, conduct the appropriate
site assessment studies and submit the proposed Phase I and
Phase II improvement plans for both parks to the Planning
_27-
! • 0
Director for review and approval in conjunction with the
submittal for Final Plan Approval for the golf course and Final
Plan Approval for the hotel, respectively; (4) the applicant
shall fund the studies, design and construction of the Phase I
and Phase II park improvements, and the County of Hawaii shall
be responsible for obtaining all permits and approvals
necessary to implement the Phase I and Phase II park
improvements; (5) if for any reason the County is unable to
secure any of the permits and approvals necessary to implement
either the Phase I park improvements, the Phase II park
improvements, or any portion thereof for either park, the
applicant may nevertheless obtain approval for operation and
use of the golf course and occupancy of the hotel by posting a
bond, surety, letter of credit or other security acceptable to
the County in a sum equal to the cost of the work required to
be done by the applicant for that phase as estimated by the
Planning Department in consultation with the Departments of
Public Works, Parks and Recreation, and Water Supply. The
County may also determine that the equivalent amount of
improvements be reallocated to other offsite parks and
recreational purposes within the North Kohala region; and
(6) [the land and] the cost of any improvements, expenses or
programs contributed by the applicant pursuant to this
condition shall be credited to satisfy the requirement to
construct public access and roadway improvements as contained
—28_
0 Vii '
in Condition 0 of this ordinance, Conditions 3 and 6 of SMA Use
Permit No. 341, and Condition 5 of Use Permit No. 111; (K) the
applicant shall provide its fair share contribution to address
regional impacts of the project with respect to fire, police,
solid waste disposal facilities and roads . The fair share
contribution shall be initially based on the representations
contained in the change of zone application and may be
increased or reduced proportionally if dwelling units or hotel
units are adjusted. A pro rata portion of the contribution,
based upon the unit density and resort area of the land
affected shall become due and/or payable, at the discretion of
the County in the event the applicant conveys full controlling
ownership, leasehold, or development interest in the affected
land prior to receiving its initial subdivision or final Plan
Approval of the proposed development. Otherwise, said
contribution shall be satisfied in conjunction with the receipt
of final subdivision or Plan Approval, as the case may be, of
the proposed development. The fair share contribution for each
residential unit or hotel unit shall be based on the maximum
density for each lot as determined by the zoning resulting from
this change of zone. The fair share contributions in a form of
cash, land, facilities, or any combination thereof shall have
the following maximum value: (a) $44,350 for fire protective
services and $9,280 for police protective services; (b)
$1, 911, 750 to support state and county road and traffic
--29-
i04 i
improvements within the North Kohala region. Appropriate
credits shall be given for any of the applicant ' s land
contribution associated with the Akoni Pule Highway
improvements; (c) $20, 750 to support county solid waste
disposal functions . The applicant is encouraged to provide
land for a landfill or solid waste transfer station site as a
means to satisfy this requirement. Any contributions required
by this ordinance that exceed the fair share requirement of
this project shall, at the applicant ' s request, be credited
towards any of the applicant ' s future developments that require
infrastructural impact contributions; (L) prior to the
commencement of construction of any portion of the proposed
development, a monitoring plan on potential pollution to the
groundwater and coastal waters shall be submitted to the
Planning Director for approval in consultation with the
Department of Health; (M) a landscaping easement along both the
mauka and makai sides of the property' s frontage along Akoni
Pule Highway shall be set aside and delineated on all plans,
including Subdivision plans . The width of the landscaping
easement shall not exceed 150 feet, measured from the existing
right-of-way along both the mauka and makai sides of Akoni Pule
Highway. The landscaping plan for the easement area and the
width of the landscape easement shall be submitted to the
Planning Director for review and approval prior to issuance of
final subdivision approval for any portion of the easement
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a4011 4
area, or Final Plan Approval for the golf course, whichever
occurs first. Said plan shall depict the landscaping, which
may include golf course fairways, tees and greens, identifying
the plant species to be utilized along with related accessory
improvements such as irrigation facilities, maintenance
roads/paths, and other required drainage, access or utility
corridors, and the program for ongoing maintenance;
(N) underground telephone, water, electrical and cable
television utility lines shall be utilized throughout the
project site and no overhead utility lines shall be permitted;
(0) the applicant shall develop and submit a comprehensive
public access plan for the properties affected by this rezoning
and the portion of the Kapaanui property (TMK: (3) 5-7-2 : 11)
zoned Agricultural-one acre (A-la) for the review and approval
by the Planning Director in consultation with the Department of
Land and Natural Resources along with plans for subdivision
approval, plan approval, or any land alteration activity,
whichever comes first. The public access plan shall include
mauka-makai and lateral shoreline accesses, a minimum of ten
(10) parking stalls for each of the four parking areas for
users of the shoreline area, signage, restrictions on use (if
any) , provisions for public access through the project roadways
to the parking areas adjacent to the public shoreline access
area for night fishing, and resurfacing improvements to the
Mahukona Park and Harbor Access Road from its intersection with
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I •
Akoni Pule Highway down to Mahukona Park subject to the
approval of the Department of Public Works, provision of toilet
facilities at appropriate locations, and related improvements .
The plan shall also integrate where appropriate, any public
accessway(s) or trail system(s) approved in conjunction with
the detailed mitigation plan for the Historic Interpretive
Park; (P) the areas of the applicant ' s property that are not
included in the project which are within the State Land Use
Conservation District shall be set aside as public shoreline
access areas in a manner consistent with the approved
comprehensive public access plan for the properties covered by
this rezoning via an agreement which shall be recorded with the
Bureau of Conveyances prior to the issuance of Final Plan
approval for the hotel or final subdivision approval for any
phase of the proposed lots, whichever occurs first. The
agreement shall be made by and between the applicant and the
County of Hawaii, in consultation with the Department of Land
and Natural Resources, and shall detail the rights, obligations
and privileges of the public, the County of Hawaii, and the
applicant, its successors or assigns with respect to the
ownership, use, liability and maintenance issues for the public
shoreline access area. This agreement shall be an encumbrance
running with the land and shall be binding on all parties and
persons claiming under them; (Q) the applicant shall
participate with the Department of Transportation, Highways
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4 •• •
Division on regional highway improvements on a pro rata basis,
which shall include at a minimum; (1) improvements to the
intersections of Akoni Pule Highway within the North Kohala
region; (2) channelization and street lighting of the project
access to Akoni Pule Highway; (3) dedication of additional
right-of-way to the State along Akoni Pule Highway fronting the
project site; (4) guardrails, where needed, along the highway
right-of-way to protect lower lots from highway traffic; (5)
non-structural protection of highway traffic from errant golf
balls for all golf links bordering the highway; and (6) closing
of all unused access points to Akoni Pule Highway fronting the
project area. [The applicant ' s share of the cost of such
improvements] The improvements to the intersections of Akoni
Pule Highway within the North Kohala region and the fair market
value of the applicant ' s land dedicated to the State for
widening of Akoni Pule Highway along the prosect site' s
frontage shall be credited towards the applicant ' s fair share
contribution for state and county road and traffic improvements
as required under Condition K; (R) all residential, commercial
and hotel units and uses shall be connected to a sewage
treatment plant, public or private, meeting with the approval
of the appropriate governmental agencies . The sewage treatment
plant shall have a stand by generator to operate the plant in
the event of an electrical power outage; (S) as agreed to by
the applicant, restrictive covenants in the deeds of all the
--33-
a ,. •
proposed lots shall prohibit the construction of a second
dwelling unit on each lot. 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; (T)
the applicant shall comply with all applicable laws, rules,
regulations and requirements, including those of the Department
of Health, Fire Department and the Department of Water Supply;
(U) an annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the change
of zone. The report shall include, but not be limited to, the
status of the development and to what extent the conditions of
approval are being complied with. 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; (V) 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; (W) an
extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the
—34-
following circumstances; (a) the non-performance is the result
of conditions that could not have been foreseen or are beyond
the control of the applicant and its successors or assigns, and
that are not the result of their fault or negligence; (b)
granting of the time extension would not be contrary to the
general plan or zoning code; (c) granting of the time extension
would not be contrary to the original reasons for the granting
of the change of zone; (d) 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 (e) if the
applicant should require an additional extension of time, the
Planning Director shall submit the applicant ' s request to the
County Council for appropriate action; and, (X) 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 3 . In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
--3 5-
t k r
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a
SECTION 4 . 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:
—36-