HomeMy WebLinkAboutBIL 113 Draft 02 1992-1994 Ramseyer COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 113
(Draft 2 )
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:
00° 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
azimuths measured clockwise from true South:
-2-
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) ;
9 . 62° 30 ' 134 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
-3-
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) ;
18 . 298° 00 ' 87. 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
-4-
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
curve to the left with a
radius of 200 . 00 feet, the
chord azimuth and distance
being:
19° 00 ' 162 . 69 feet;
-5-
26 . 355° 00 ' 86 . 00 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
27. 390 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) ;
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) ;
-6-
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) ;
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) ;
-7-
A
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) ;
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) ;
-8-
A
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) ;
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) ;
_n_
$
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) ;
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) ;
-10-
a
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) ;
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) ;
-11-
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) ;
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) :
-12-
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;
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 a
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;
-13-
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;
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) :
-14-
i 4
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;
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) ;
-15-
a
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) ;
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) ;
-16-
a
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) ;
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) ;
-17-
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) ;
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) ;
-18-
e
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
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;
-19-
42 . 115° 00 ' 96 . 62 feet along remainder of
L.C.Aw. 7715, Ap. 7 to
Lota Kamehameha
(Certificate of Boundaries
No. 145) ;
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;
-20-
ry
50 . 267° 00 ' 74 . 61 feet along remainder of
Grant 3405 to Trustees of
the Estate of James Wood;
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
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a A
source and its water transmission and distribution system
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 proiect 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 proiect and Kapaa Park and Mahukona Park. Plans shall
identify improvements, structures, landscaping, and parking
stalls associated with the proposed development; (D) a detailed
[historical] historic sites mitigation plan which [does not
conflict with the Consensus Agreement between Chalon and Na
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Maka ' ala '0 Kohala] must be approved by the Planning Director
and the State Historic Preservation Division prior to its
implementation shall be submitted for the treatment of the
significant historic sites . The Plan shall consist of two
subplans [ ; ]1 (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 . [This mitigation plan must
be approved by the County Planning Department and the State
Historic Preservation Division prior to its implementation. ]
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
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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 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
-24-
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
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 work with the State Department of
Education and the Planning Department to provide its pro rata
share for school facilities . In establishing the applicant ' s
pro rata share, credit shall be given to the applicant for
contributions made to public and private schools in the area
subsequent to the passage of the change of zone. The pro rata
share determination and its implementation (i .e. , dedication of
land, construction of classrooms or funding) shall be approved
by the Planning Department, in consultation with the Department
of Education, in conjunction with final subdivision approval of
any residential lot subdivision within the development; ] the,
applicant shall design the prosect 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) [the applicant shall provide
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$
2.5± acres of land, the equivalent value in improvements, or
combination thereof, for offsite public park and recreational
purposes within a 5-mile radius of the perimeter boundary of
the properties covered by this ordinance. The applicant shall
submit the location of the proposed sites and/or proposed
improvement plan to the County Council, the Planning Department
and the Parks and Recreation Department for review and
information prior to receipt of tentative subdivision approval
of any rezoned parcel of this project. If required, said
site(s) shall be graded or improved by the applicant and be
available for use prior to receipt of final subdivision
approval of any rezoned parcel of this project. The land and
any improvements shall be credited towards satisfying any
portion of the County' s assessment relative to fire, police,
solid waste disposal facilities, and roads as noted in
Condition K below; ] 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 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
-26-
for a potable water system, electrical service to the existing
pavilion and restroom/pavilion facility improvements
commensurate with the 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
-27-
Phase I and Phase II improvement plans for both parks to the
Planning 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-
in Condition 0 of this ordinance. Conditions 3 and 6 of SMA Use
Permit No. 341, and Condition 5 of Use Permit No. 1114 (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
improvements within the North Kohala region. Appropriate
-29-
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 [in consultation with
the County Arborist Council] prior to issuance of final
subdivision approval for any portion of the easement area, or
Final Plan Approval for the golf course, whichever occurs
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r
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 [constructed] utilized
throughout the project site[ ; ] and no overhead utility lines
shall be permitted; (0) the applicant shall develop and submit
a [final] 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 CA-la)
[shall be submitted] 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
Akoni Pule Highway down to Mahukona Park subject to the
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• •
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 [covenants] 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. [These covenants], This,
agreement shall be encumbrance[s] 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 Division on regional highway
improvements on a pro rata basis, which shall include at a
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• 4
minimum; (1) improvements to the [Queen Kaahumanu
Highway/Kawaihae Road intersection] 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 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 [shall be included] in the deeds of all
[applicable subdivided lots which would] the proposed lots
shall prohibit the construction of [additional ohana dwelling
units] a second dwellinq 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
-33-
4 * 4 w
review and approval prior to final subdivision approval [of
each applicable subdivision. Proof of recordation along with a
copy of a typically recorded covenant shall be filed with the
Planning Department within one year from the date of final
subdivision approval of each applicable subdivision] . A copv
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
following circumstances; (a) the non-performance is the result
-34-
of conditions that could not have been foreseen or are beyond
the control of the applicant[s, ] 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.
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A 4
SECTION 4 . This ordinance shall take effect upon its
approval .
INTRODUCED BY:
4
.___
404.4.4) oe VP
COU CIL ME :4 R, COUN" 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-