HomeMy WebLinkAboutBIL 113 Draft 01 1992-1994 41/,'t(tY4.4";
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COUNTY OF HAWAII STATE OF HAWAII
•
113
BILL NO.
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
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 . 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) ;
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-
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-
i
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) ;
-9-
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-
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-
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-
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-
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) ;
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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;
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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;
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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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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.
Plans shall identify improvements, structures, landscaping, and
parking stalls associated with the proposed development; (D) a
detailed historical mitigation plan which does not conflict
with the Consensus Agreement between Chalon and Na Maka ' ala '0
Kohala 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 . 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
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land alteration can occur in the project area until at least
the data recovery fieldwork and interim protection measures 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 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
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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
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
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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; (J) the
applicant shall provide 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; (K) the applicant shall
provide its fair share contribution to address regional impacts
of the project with respect to fire, police, solid waste
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•
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 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
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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 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
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utility corridors, and the program for ongoing maintenance;
(N) underground telephone, water, electrical and cable
television utility lines shall be constructed throughout the
project site; no overhead utility lines shall be permitted;
(0) a final comprehensive public access plan 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) , 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 property within the State Land Use
Conservation District shall be set aside as public shoreline
access areas via covenants recorded with the Bureau of
Conveyances . These covenants shall be encumbrances 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 minimum; (1) improvements to the Queen Kaahumanu
_28-
Highway/Kawaihae Road intersection; (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) 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; (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 prohibit the
construction of additional ohana dwelling units . A copy of
the proposed covenant(s) shall be submitted to the Planning
Department for 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; (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
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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
of conditions that could not have been foreseen or are beyond
the control of the applicants, 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
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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.
SECTION 4 . This ordinance shall take effect upon its
approval .
INTRODUCED BY:
clow,040114. p
COUNCIL METER, CI TY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading :
Date of 2nd Reading :
Effective Date:
APPROVED AS TO ORM AND LEGALITY:
) //
4,1141./lf
Lii. 'UT i CORPORATIO COUNSEL
DATED: )// ifQ7
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