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HomeMy WebLinkAboutCOM 0061.000 2000-2002 r.. Harry Klm ' Dtxie Kaetsu Mayor Managing Dircc(or ~ ' Peter T. Young Deputy Martag(ng D(rec(or r„ , l~ U i ~ 1 I ~ r 1 County of Hawaii 25 Aupum Street, Room 215 • Hdo, Hawu~ 96720.4252 • (808)961.8211 • Fax (BOB)961-6553 KONA 75-5706 Kualum wenw.y, Suite (03 • Ka~lu¦-Kona, Hawlu 96740 (808)329-5226 • Fat (808)326-5663 January 10, 2001 Honorable James Y. Anikaki, Cha(rman and Members of the County Council Colmty of Hawau 25 Aupum Street Hilo, HI 96720 Dear Chauman Aralrak7 and Members Change of Zone Application (RF7 00-007) Applicant. Matsuno Enterpnses, Ltd Request: RS-10 to CG-20 Tax Map Key: 2-2-40:14 and 69 Cotmty Counctl Inthated Bill No. 41, Deft No. 3 Change of Zone Application (RF7 94-2) ` / App~ttwttt: Dtrotigy sous V Request: A-Sa to RA-2a Tax Map Key: 45-3.24 and 124 Change of Zone Application (REZ 00-018) Appl(cant. Trees of Kukwhaele, LLC (Tom Heers) Request: RS-15 and V-43 to V-25 Tax Man Key. 4-8-6:3- 13 and 44 As regwred by Chapter 4, Sec. 5-4 3(C), Hawau County Charter, transmitted herewith for the County Council's consideration and action are the Planning Comrmss(on's letters and enclosures regarding the above-referenced requests S(ncerely, ~I ( ~ Harry Krm Mayor Ll 11700MAY Enclosures Comm. No.__ cc Planning Department 2 )31e No. T Si I I I $ Ref. To: L Ref. Data JAN 12 - Hazry 1Gm Ma}+or Couaty of Hawaii PLANNING CObIl1IISSIlki 2s Aupum seen, Room 109. Hdo, w~~ %720.4zsz (808)961-6288 • Fvt (806)961-8742 :DEC 1 42000 Honorable James Y. Araltaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakald and Members. County Council ImUated Bill No. 41, Draft No 3 Change of Zone Application (REZ 94-2) Applicant: Dorothy Souza Request: A-Sato RA-2a Tax~{tp~y: 4-5-3:24 and 124 The Planning Commission, after a duly held public hearing on November 17, 2000, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 13.67 t acres of land from Agricultural (A-Sa) to Agricultural (RA-2a). The property is located on the mauka side of Mamalahoa Highway at its intersection with Loke Street at ICaao Homesteads, Honokaa, Hamakua, Hawaii The Commission concurs with the following Planning D'irector's reasons for recommending favorable consideration of the change of zone: Due to the revised Chapter 25 (Zoning Code) of the Hawazi County Code, effective December 7, 1996, the purpose of the bill is for re-intz+oduchon as a new bill with the new title and corresponding appropnate district classification from Agricultural (A-Sa) to Residential and Agncultural (RA-2a). The County Council states that it has concerns that the bill drafted in 1996 would not comply with the revised Zoning Code Article 5, Division 5 (RA, Residential and Agncultural Distracts), Section 25-5-50 (Purpose and applicability) states the following Honorable James Y. Arakalu, Chairman and Members of the County Council Page z "The RA (residential and agricultural) distract provides for activities or uses charactenzed by low density residential lots in rural areas where `city-like concentrations of people, structures, streets, and urban level of services aze absent, and where small farms are intermixed with low density residential lots. The RA district is mtendad to be only within areas designated as being m the state land use rural or urban districts." The project azea is situated within the State Land Use Rural District. In Apnl 1993, the State Land Use District for the prolect azea wes amended from Urban to Rural. The applicant requested the land use change in order to dedicate the project azea for agncultural uses. The change of zone request is for a Residential and Agricultural (RA-2a) zone des?gnation m order to transfer ownership of each parcel to five children However, each agricultural lot would still provide for any potential to establish residential and/or agncultural opportunities which is consistent with the requirements of Chapter 205, Hawaii Revised Statutes, otherwise known as the State Land Use Law. The proposed Change of Zone from an Agncultural (A-Sa) to Residentral and Agncultural (RA-2a) zoned district would also conform to the following goals, policies and standazds of the Land Use and Agriculture Elements of the General Plan: * Designate and allocate land uses m appropnate proportions and mix and in keeping with the social, cultural and physical environments of the County * Zone urban- and Waal-types of uses m areas with ease of access to community services and employment centers and with adequate public utilities and facilities * Allocate appropnate requested zoning m accordance with the existing or projected needs of neighborhood, community, region and County. * Rural-style residential-agricultural developments, such as new small-scale rural communitres or extensions of existing Waal communities, shall be encouraged to appropnate locations. * The County shall encourage the development and maintenance of communities meeting the needs of its residents m balance with the physical and social environment. * Zoning requests shall be reviewed with respect to General Plan designatron, district goals, regional plans, State Land Use Distract, compatrbility with adjacent zoned uses, avazlability of public services and utilities, access and public need Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The Land Use Pattern Allocation Gwde (LUPAG) Map component of the General Plan rs a repreaentahon of the document's goals, policies, standards and courses of action to gwde the coordinated growth and development of the County. It reflects a gtaphtc depiction of the physical relatnonships among the various land uses. The LUPAG Map establishes the basic urban and non-urban land use pattern for azeas within the County The proposed Change of Zone request conforms to the LUPAG Map, which designates the azea for Low Density Urban Development. Such a designation may allow for single family residential in chazacter, ancillary community and public uses and convenience type commercial uses The requested Residential and Agricultural (RA-2a) zone designation would allow the applicant to transfer ownership of each pazcel to her five children. The project area may be utilized for residential, agncultural and related uses m a manner which would not be contrary to the uses permitted within an azea designated for Low Density Urban. Based on the above findings, approval of the change of zone request firm Agncultw~al (A-Sa) to Residential and Agricultural (RA-2a) zoned district would result rn an appmpnate land use pattern that would further benefit the general public For your favorable consideration, an amendment to Section 25-8-17, the Haim-Honokaa- Kukuihaele Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Richard B. Baker, Jr., Chairman Planning Commission IaauaozPC Enclosures ce: Mr. Clifford Souza Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu ecuwcdsouao~ .gk-iaa voo COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY COUNCIL INITIATED CHANGE OF ZONE BILL N0.41, DRAFT 3 APPLICANT: DOROTHY SOUZA The County Council has submitted proposed Bill No. 41, Draft 3, relating to an amended Change of Zone application, filed in 1996 by DOROTHY SOUZA, for a Change of Zone to change the district classification from Agricultural (A-Sa) to Agricultural (A-2a) for approximately 13 67 ± acres of land. Due to the new Zomng Code, the purpose of the bill is for re-introduction as a new bill with the new title and corresponding appropnate distnct classification from Agncultural (A-Sa) to Residential and Agncultural (RA-2a). The property is located on the mauka side of Mamalahoa Hrghway at its intersection with Loke Street at I{aao Homesteads, Honokaa, Hamakua, Hawaii, TMK: 4-5-3:24 8c 124. GENF,RAi. INFORMATION 1 Land Ownership: The subject propemes are owned by the applicant and consist of two separate parcels containing approximately .43 acre (Parcel 124) and 13.24 acres (Paroe124). It should be noted that Parcel 24 has been determined that it has two (2) legal lots. Therefore, there are a total of three (3) legal lots. CHRONOLOGY 2. Apri17,1993: Effective date of Hawaii County Council's adoption of Ordinance No. 93- 25 which amended Uie State Land Use District from Urban to Rural. The applicant requested the land use change in order to dedicate the project azea for agricultural uses. Ordinance No. 93-25 was approved subject to the following conditions: "A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. "B. The applicant shall submit the proper apphcation(s) for the dedication of the project site, in part or in whole, to the Depaztment of Finance-Real Property Tax Division, within one yeaz from the effective date of this boundary amendment. c- (o / ~e, / 8' "C. Comply with all other applicable laws, rules, regulations and requirements. "D An annual progress report shall be submitted to the Planning Director pnor to the anniversary date of the effective date of the boundary amendment. The report shall address the status of the development and the compliance with the conditions of approval Tlus condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports aze not required "E An extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: l) the non- performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence, 2) granting of the time extension would not be contrary to the State Land Use Law, Land Use Commission Rules, General Plan or the Zomng Code; 3) granting of the trine extension would not be contrary to the original reasons for the granting of the boundazy amendment; 4) the tune 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 yeaz may be extended for up to one addition yeaz); and 5) rf the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropnate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Duector shall initiate a boundazy amendment of the azea to its onginal or more appropnate designation." 3. In August 1993: Petition to Dedicate Land for Agricultural Use was submitted by the applicant to the Real Property Tax Division in compliance with Condition B of Ordinance No. 93-25. According to the petition, Pazce124, consisting of approximately 13.24 acres, would be dedicated for use as a cattle pasture. 4 February 22,1994: The applicant submitted an application for a Change of Zone from A-Sato A-la. 5. October 8,1996: Applicant informed the County Council Planning Committee to withdraw Bill No. 331 and amend the change of zone request from an A-Sato A-2a zone designation in order to convey the individual lots to her five children for residential and/or agncultural purposes. 6 October 17,1996: The Planning Commission forwarded an unfavorable recommendation on the change of zone request to the County Council as the request for -2- A-la will not confonn to the goals, policies and standazds of the Land Use and Agricultural elements of the General Plan, and infiastructural deficiencies such as roadway and water availability. 7 October 21,1996: Planning Department acknowledged recerpt of the amended change of zone request. 8. November 21,1996: The Plamm~g Drrector forwazded a favorable recommendation to the Plannrng Commrssion. The Comrmssion voted to continue the hearing on the change of zone request rn order to allow firrther drscussrons relative to water, roadway and Fire Departrnent requirements. 9 December 7,1996: Effective date of the updated Chapter 25 (Zoning Code) of the Hawaii County Code. Article 5, Drvrsron 5 (RA, Residential and Agricultural Districts), Section 25-5-50 (Purpose and applicabrlrty) states the followmg: "The RA (resrdential and agricultural) drstrct provides for activities or uses charactenzed by low densrty resrdential lots in rural areas where `city-lrke concentrations of people, structures, streets, and urban level of services aze absent, and where small fazms are mternvxed with low density Rsidentral lots. The RA district is intended to be only within areas designated as being m the state land use Waal or urban drstricts." 10. January 30, 1997: The Planning Comrmssion forwarded a favorable rewmmendation on the change of zone request to the County Council. (See Ezhibit A) CURRENT STATUS 11. July 6, 2000: Report of the Committee on Planning (PC Report No. 104) relating to action taken on the change of zone request. (See Ezhlblt B) 12. August 11, 2000: Memorandum from the County Council referring Br1141, Draft 3 relating to the change of zone applrcatron for Dorothy Souza to the Planning Commission. The Council states that tt has concerns that the bill drafted in 1996 would not comply with the revised Zoning Code. The County Councrl also transmrtted along with the bill a copy of the Corporatron Counsel's opurion relating to this matter. (See Exhibit C -August 20, 2000 Letter and Bi1141, Drag 3) -3- STATE AND O iNTV p .AN 13. State Land Use Dlstrlct: Rural 14. General Plan Lsnd Use Pattern Allocation Guide (LUPAG) Msp: Low Density Urban Development which allows single family res~dentral m character, ancillary community and public uses, and convenience type commercial uses. 15 Northeast Hawaii Community Development Plan: The project site is located outside of the study boundaries of the Northeast Hawaii CDP, adopted by the County Council by Ordinance No. 445 in June 1979. 16. Hamakua Regional Plan: The project site is located within a planning subzone (Subzone 2) of the Hamakua Regional Plan, which was adopted by the County Council by Resolution No. 244-90 on November 8, 1990. The Plan recommends that the expansion of Honokaa town proceed in a northerly direction, away from the pmjxt site. 17. County Zoning: Agricultural-5 acres (A-Sa) 18. Special Management Area: The project site is not located within the Special Management Area. DF.SCRiPTiON OF THF. PROTECTS 1RR0 IN - RF.A 19. SubjeM Property: The project area is bordered by the Hawaii Belt Road to the north, Loke Street to the west and the I{ahaupu Gulch running along its eastern boundary. The project area has a frontage along Loke Street of approximately 1,000 feet. A smgle family dwelling is located on Parcel 124. Paroe124 is currently maintained m approximately 12 acres for cattle pasture and one acre rn macadamra nut orchard. 20. USDA Soil Survey Report: Soils located within the prolect area consist of Kukarau Silty Clay Loam (KuD). This soil consist ofwell-drained silty clay loanrs that formed in volcanic ash. In a representative profile, the surface layer is very dark gra}nsh-brown silty clay loam about 10 inches thick. The subsoil is dark-brown silty clay loam about 40 inches flock. These layers are underlain by basalt. This soil dehydrates ureversrbly mto aggregates the srze of fine sand. Permeabilrty is moderately rapid, runoff is slow and the erosion hazard is slight. This soil is used mostly for sugarcane. Small azeas are used for truck crops, macadamia nuts and pastors. 21 Land Study Bureau Overall Master Productivity Rating: Class "C" or Fazr for agricultural producnvrty. 22. State of Hawaii ALISH Map System Rating: Prime Agricultural Land 23. Flood Insurance Rate Map (FIRM): Zone X, area outside of the 500-year flood plann 24 Flora/Fauna and Cultural Resources: The protect azea is presently used for cattle pasture and macadarrua nut productivity. Therefore, it is anricipated that there aze no endangered or threatened species of plant or ammal situated within the protect area. In addinon, there aze no known historic saes on the project azea as listed on the State or National Register of Historic Places. 25. Surrounding Land Uses/Zoning: Lands unmediately to the east, south and southwest of the azea include agricultural uses and are zoned Agricultural (A-Sa/A-40a). Lands to the north and northwest are in residential uses and zoned Single Family Residential (RS-10). iTTIL.ITiF.S AND SERVICES 26. Acceu: Access from the Hawaii Belt Road to the project site is via Loke Street (Apua Road), which has a 30.foot right-of--way with 10-foot wide pavement, approxunately 120 hneaz feet from the Hawair Belt Road. According to the Department of Public Works files, Loke Street is an abandoned State homestead road which the County does not own nor maintain. 27. Water: Parcel 124 is currently being serviced by the County's water system. According to prevrous comments, the Department Water Supply commented that the three (3) existing lots may each have water service. Water for the entire project area is limited to one 5/8-inch meter and 600 gallons per day. 28. Other Essentlal Uttlitip and Services: Essential utilities and police, fus, educational and medical servrces, are available to the project site. -5- ~tvw Stephen 1G Yamuhiro Maur i'~ •~O,~M~~ ~IIliI1~1 II~ fU2tttt PL,ANMNG COMMISSION :s,?aP.,u 5aae. aam tav • tab tt...u %~w-~:s: teos> set.a:ss tya east +staets JAN 3 0 1991 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuai Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 942) Applicant: Dorothy Souza Request: A-Sa to A-2a Tax Man Key: 4-5-3:24 and 124 The Planning Commission, after a duly held public hearing on January 16, 1997, voted to recommend for your approval the proposed legislative bill to change the district classification for approximauly 13.67E acres of land from Agricultural (A-Sa) to Agricultural (A-2a). The property is located on the mauls side (southeast corner) of the Mamalaltoa Highway at its intersection with Loke Street at Kano Homesteads, Hoaokaa, Hamakua, Hawaii. The Commission concurs with the following Planning D'irector's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. 156 EXHIBIT i,~t , Honorable James Y Arakak~, Chattman and Members of the County Council Page 2 The proposed Change of Zone from an Agrrcuitural (A-Sa) to Agncultural (A-2a) zoned district would conform to the following goals, policies and standazds of the Land Use and Agriculture Elements of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale Waal communities or extensions of existing [oral communities, shall be encouraged in appropriate locations. • The County shall encourage the developtaent and maintenance of communities meeting the needs of its residents in balance with the physical a>rd social environment. • Zoning requests shall be revrewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adJacent zoned uses, availability of public services and utilities, access and public need. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action to garde the coordinated growth a»d development of the County It reflects a graphic depiction of the physical relationships among the various land uses. The LUPAG Map establishes the basic urban and aon-urban land use paaetn for aeeas within the County The proposed Change of Zone request conforms to the LUPAG Map, which designates the area for Low Density Urban Development. Such a designation may allow for single family residential in character, ancillary community and public uses and convenience type commercial uses. The requested Agricultural (A-2a) designation would allow the applicant to transfer ownership of each parcel to her five children. The project area may be utilized for resrdential, agricultural and related uses in a mantxr which would not be contrary to the uses permitted within an area designated for Low Density Urban. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The project area rs situated within the State Land Use Rural District In April 1993, the State Land Use District for the project area was amended from Urban to Rural. The applicant requested the land use change in order to dedicau the project area for agricultural uses. The applicant is requesting for an A-2a zone designation in order to transfer ownership of each parcel to her five children. However, each agricultural lot would still provide for any potential to establish residential and/or agricultural opportunities which is consistent with the requirements of Chapter 205, Hawaii Revised Statutes, otherwise known as the State Land Use Law. The Land Study Bureau's Overall Master Productivity Rating of the project area is "C" or Fair productivity potential for most agricultural uses. The Agricultural Lands of Importance to the State of Hswaii (ALISH) Map system classifies the project area as "Prime Agricultural Lam." The labe is currently utilized for cattle pasture and mAcadamia nut productivity. AS previously stated, the applicant intends W develop the project area into a total of five (5) agricultural lots having a minimum lot size of 2 acres. Such development would allow the applicant to convey the individual lots to her children for residential and/or agricultural purposes. The Northeast Hawaii Coaununity Development Plan (CDP), adapted in June, 1979 (Ordinance No. 445), reflects the area as outside of the CDP study boundaries. The project site is located approximately one-half mile to the southwest of Honokaa Town. Primary access will be from the Hawaii Belt Road and onto Loke Street (Apua Road), which has a 30-foot right-of--way with 10-foot wide pavement, approximately 1201inear feet from the Hawaii Belt Road. According to the Department of Rrblic Works, Loke Street is an abandoned State homestead road which the County does not own nor maintain. In addition, said agency recommends that the roadway be improved for any proposed additional accesses onto Loke Street. All roadway improvements to the project area will be constructed in accordance with the Department of Public Works. Roadway improvements at the intersection of the Hawaii Belt Road and Loke Street would be constructed, if applicable, in accordance with the State Department of Transportation. According to the Department of Water Supply, water can be made available to only the existing three lots of record. There is no municipal sewer system in the area Therefore, wastewater generated by the proposed subdivision is proposed to be handled by mesas of individual cesspools or septic tanks meeting with the Department of Health. Solid waste generated by the development would be collected and disposed in compliance with applicable Federal, State arrd County rules sad regulations. All other essential utilities or services are or will be made available to the project site. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The project site has no severe topographic or geologic problems wtuch cannot be properly rectified or which would render the land unusable for the proposed agricultural use. The project area had been extensively altered from the previous sugarcane cultivation and the present uses aze cattle pasture and macadamia nut producUVity. Therefore, significant archaeological sites are not anticipated to be located within the project area. Similarly, the project azea is not considered a habitat for rare or endangered spectes of plants or animals. For your favorable consideration, an amendtnent to Sectton 25-8-17, the Haina-Honokaa-Kukuihaele Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sil~ncerely, (l, ~r~• Kevin M. Balog, ~irman Planning Commission AK:syw 1Souza03 I'C Enclosures cc: Mrs. Dorothy Souza Mr. Clifford Souza Department of Public Works Department of Water Supply Department of Land & Natural Resources . COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-17 (HAINA-HONOKAA-KUKUIHAELE ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO AGRICULTURAL (A-2a) AT KAAO HOMESTEADS, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-5-03:24 AND 124. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-17, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaao Homesteads, Hamakua, Hawaii, shall be Agricultural (A-2a): Beginning at a pipe at the northwest comer of this parcel of land and on the southerly side of Hawaii Belt Road (S. D. R. 3(7)) the coordinates of said point of begiming referred to Government Survey Triangulation Station "PAUHAU" being 1,625.47 feet North and 4,484.15 feet West and running by azimuths measured clockwise from True South: Thence along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) along a curve to the left having a radius of 1,959.86 feet, the chord azimuth and distance being: 1. 278° 36' 02" 467.85 feet to a pipe; 2. 294° 58' 83.46 feet along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) to a pipe near the top bank of Kahaupu Gulch; thence along the top bank of Kahaupu Gulch, along State Land, for the next five (5) cotuses: 3. 67° 52' 97.90 feet to a pipe; 4 39° 19' 192.54 feet to a pipe; 5. 4° 52' 214.50 feet to a p?pe; 6. 43 ° 30' 145 00 feet to a pipe; 7. 7° 47' 386.00 feet to a pipe; 8. 114° 58' 1,040.00 feet along remainder of Grant 8846 to Claudina Gonsalves to pipe at the southeasterly side of Loke Street; 9. 241° 09' 138.40 feet along the southeasterly side of Loke Street to a pipe; 10. 261° 29' 37.60 feet along the southerly side of Loke to a pipe; 11. 281° 48' 44 90 feet along the southeasterly side of Loke Street to a pipe; 12. 238° 24' 167.00 feet along the southeasterly side of Loke Street to a pipe; 13. 216° 07' 245.00 feet along the southeasterly side of Loke Street to a pipe; 14. 246° 31' 230.80 feet along the southeasterly side of Loke Street to a pipe; 15. 217° 35' 142.39 feet along the southeasterly side of Loke Street to the point of beginning and containing an area of 13.6736 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: -2- t A The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval B The required water commitment payment for the proposed additional lots shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy." C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) yeazs from the effective date of this change of zone ordinance. D. Covenants in the deeds of all the subdivided lots shall state that no variance from the minimum water requirements shall be granted to further subdivide the lots without improvements to the existing water system facilities, meeting with the standards of the Department of Water Supply. A copy of the proposed wveriant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of 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 with a copy of the recorded covenant to be filed with the Planning Department upon its r~eipt from the Bureau of Conveyances. E. In conjunction with Final Subdivision Approval, the section of Loke Street, fronting the subject property which lies between Hawaii Belt Road and the opposite side of the westernmost driveway or access road into the subdivision, shall be improved to a minimum 20-foot wide pavement with 6-foot wide -3- • stabilized gravel shoulders. To provide for future road widening improvements, a 10-foot future road widening, fronting the subject property along Loke Street and beyond the extsting 30-foot wide right-of--way, shall be delineated on the subdrv~sion plans The 10-foot wide future road widening shall be dedicated to the appropnate goverrunent agency upon its request and at no cost to sazd agency. Direct access to the Hawaii Belt Road shall not be permitted. All accesses, roadway and drainage improvements shall be constructed in a mam~r meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval for the subdivision development. F. All grading and grubbing activities shall meet with the approval of the Department of Public Works. G. The wastewater treatment and disposal system shall meet with the approval of the Department of Health. H. Should any unidentified sites or remains such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (OINK-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when sufficient mitigative measures have been taken. I. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the easements of impact fees, conditions -4- included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. J. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development. K. An urinal extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I . Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or ass?gos, and that are not the result of their fault or negligence. 2. Grantutg of the tune extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be wntrary to the original reasons for the granting of the change of zone. 4. The rime extension granted shall be for a period not to exceed the period originally granted for perfom~ance (i.e., a condition to be performed within one year may be extended for up to one additional year). L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -5- SECTION 4. This ordinance shall take effect upon rts 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: -6- fYOR7M ~ ~ 1O f '.JCA I..Q ~ 1' le P I" ~ 4oe' c A-D~ A-9a e ~a\ ~ ~ R9-le Z v°1c6 ~ ~ Q • ~u~rvTUwy^' ~ltl• os' ~ ewe Ir..4e A-a. 1 1. 1D' a~.~e e C =t4-o~ o =ash 1t' a m ro O 107 ee O 1/C e7' ~ A6RICt16.TURAL~ (ft-1?e~) 1~F~.Oe To AiRICIJLT11RA1.. (i4$e) ~ i4se~.sP ARiAe Is.a7>si ACRQ9 O / h Irsa.• M1 I.s1~7 N ,1 W vul CYI ie~ ~J sei~ei Ir ~ e, ~o ~iisi 4qZ ns ro I^ aYilsfe A-40. Ie1.~4 R.IOagK x7.00' 'ZOA'• `~/k.' p.7~ ly 10 A-te? t ~c re AMENDMENT TO THE ZONING CODE AMeNflnvcs ?CCT10N 2~-s-IT HA1NA-HONOrt/gA-KUftUIHAeLE ZONE MAP) ARTICLE 8 , CHA t°R 2~ (TONiNfS COCt•~ OP THE HAWAII COUNT7' CODE, D7' CHANSINa THB DfSTIQIGT CtA•JJiR1CATfOfY FROM AESRICULTVRAL (A-5o) To Al3R1CULTURAL (~4,ZA) AT !<AAO HOMESTt=1ADS, HAMAKUA, HAWAII. PRCPNiRE~ d7' • Pr-ANNIN6 DEPARTMENT CovNT71' o!" IiAY'lAtl TM1[ 4-s-os a ~4 ANO t~4 OGT. a.d, 1446 EXHI®IT `A" (veRe-rerr seuz.4~ REPORT OF THE COMMITTEE ON PLANNING DATE July 6, 2000 Re• C-135/Brll N~1J PLACE Councrlroom U( 1~ p TIME 2 36 p m /f Ni ~ co B Charr and Ivlembers C N~ pFP'gRTM 3 Hawar`r County Council k4iti~FNT Hilo, Hawaii 96720 Your Corrrmrttee on Plamm~g, to which was referred Bill No. 41, transmitted by Mayor Stephen K. Yamashrro per Communicatron No. 135, dated January 30, 1997, regarding the change of zone request by Dorothy Souu, at Kaao Homesteads, Hamakua, Hawaii, TMK. 4-5-0324 and 124, reports as follows: Bill No. 41 amends Section 25-8-17 (Heine-Honokaa-Kukuihaele Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code by changtng the district classification for approximately 13.6736 acres of land from an Agricultural (A-Sa) to an Agricultural (A-2a) zoned district. In 1994, the applicant requested a change of zone to A-la. The Planning Commission submitted an unfavorable recorrunendation to the Council because the applicant's request would not have been in compliance with the goals, policies end standards of the Land Use Element of the General Plan, and there was not sufficient potable water to support the subdivision. The applrcant withdrew the request on October 8, 1996, and reapplied again on October 10, 1996, for the A-2a zoning in order to convey the individual lots to her five children for residential and/or agricultural purposes. Bill No. 41 first surfaced on February 18, 1997, and Bill No. 41, Draft 2, was circulated. No action was taken on this measure at this time. On June 3, 1997, Bill No. 41 and Bill No. 41, Draft 2, were again agendized, but because of questions regarding the roll back taxes on the agnculture dedication placed on the subject property, it was deferred at the client's request. Bill No. 83, Draft 3 (Ordirrance No. 00-48), which was approved by the Council on May 3, 2000, and effective May ! 7, 2000, exempted "roll back taxes on agricultural dedicated lands when the authorized government agency changes the land use classification to urban or nrral districts or when lots of less than 5 acres are created..." and so the applicant requested to have Bill No. 41 agendized again. The bill was then agendiud on June 20, 2000, only to be deferred until today's meeting because the applicant's son, Clifford, was not present at the meeting. The applicant has since passed on, so Clifford Souza is now speaking on behalf of his mother, the original applicant. PC-104 EXHIBIT PC-104 Page 2 July 6, 2000 The subJect properttes are owned by the appltcant and aze located on the mauka side (southeast corner) of the Mamalahoa Highway at its Intersection with Loke Street. Parcel 124 consists of 43 acres and Parcel 24 consrsts of 13.24 acres, which has been determined to have two legal lots The Council adopted Ordinance No 93-25, which amended the State Land Use Dlstnct from Urban to Rural on Apnl 7, 1993. In August 1993, a Petition to Dedicate Land for Agricultural Use was submrtted by the applicant, to the Real Property Tax Division, in compliance with Condition B and the 13.24 acres would be used for cattle pasture At today's meetrng, Committee Member Dominic Yagong asked that Condrtions G and K be deleted Condition G relates to the construction of the 20-foot wide pavement and Condition K relates to fair share contributions. Your Committee agreed to eliminate Condition G because the applicant said it would be too costly to do the improvements, which included the removal of trees. Condition K will be removed because A-2 properties are not assessed the impact fees. Committee Member Julie Jacobson wanted to know how many people will be using the road and was told only two families own property there, so the usage would not be substantial. Instead of deleting the entire Condition G, Your Chair suggested that only the first sentence of Condition G be removed, but the applicant could not agree to it because he said he would have to consult with the rest of his family first. He also stated that from his previous discussions with them, he's not sure they would be in agreement if they had to give up ] 0 feet of their property to widen the road. Yet, when questroned by Commrttee Member James Arakaki if the applicant expects the County to improve the road, the applicant first responded that maybe the County would "gravel the road but we're not asking them to pave it or anything like that", then later stated "At this time, we don't see the County coming in and improving the road". Mr. Arakaki then asked Ium, "You don't anticipate anything then7" and Mr. Souza responded, "Because I don't think we even going build up there: ' Your Committee then voted to delete Condition G in its entirety. Your Chair noted that then: is a spelling error on Page 1 for the name "Paauhau" and that it will be corrected in the upcoming draft. Your Chair also stated that "this bill has been very difficult for" her because of the precedent that is being set. She wanted to clarify that although she is voting for this change of zone request, which deals with prime agricultural lands less than 5 acres, she would normally strive to preserve agricultural lands In 5 acres or more, because when the acreage is less than 5 acres, the agricultural lands are being used for residential lands. She also believes "that rezoning should not be used as a mechanism for estate planning purposes. Rezoning and planning should be based on the use of the land what's an appropriate use for the area." PC-104 PC-104 Page 3 July 6, 2000 The applicant then questioned the inclusion of Condition F in Draft 2 which prohibits the construction of an ohana or second dwelling because he mentioned that he had been told by the Planning Department that second dwellings could be constructed on the subject parcel. Committee Member Yagong then stated that we should just vote on this measure and move it up to Council to prevent it from being held up in Committee any further. Your Chair then mentioned that she would look into the "removal of Condition `F' provided there is some kind of language that says you cannot CPR and convey separate title..." to prevent the development of a ] 0-lot subdivision. She also mentioned that the availability of water to the azea only allows the construction of three homes. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 41, Draft 2, as amended to Draft 3, and recommends it pass first reading. AYES NOES A B E EX LEITHEAD-TODD X TYLER X CHUNG X Respectfully submitted ELARIONOFF X C~ A7TEE O PLA JACOBSON X f' PISICCHIO X SMITH X ~OB J N L ITHEAD-TODD, CHAIR YAGONG X ARAKAKI EOM PC REPORT NO. l~ ADOPTED• JAMES Y ARAKAKI "O' AARON S Y CHUNG Chairman & Presrding O,(jicer i BOBBY JEAN LEITHEAD-TODD LENINGRAD ELARIONOFF AL SMITH : JULIE JACOBSON Vice Chairman NANCY PISICCHIO J CURTIS TYLER, III DOMINIC YAGONG COUNTY COUNCIL County of Hawa~'~ Hawes i CoeurN Budding 15 Aupun~ Street Hdo Hawati96710 August 11, 2000 Re: Comm. 824 0 v TO• Virginia Goldstein ~ c Planning Director Gy ~ Z. ~ .cam SUBJ. Bill 41, Draft 3 - Rezoning application for Dorothy Souza; p.U, 3 s At its meeting of July 26, 2000, the County Council referred the above mentioned bill ~ ~ the Planning Commission. The Council was concerned that the bill, being drafted in 1996, w~d not comply with the revised Zoning Code. In order to do so, a new bill will need to be drafted. Please include any necessary amendments in the new bill before submission to Council. Attached is a copy of the Corporation Counsel opinion on the subject, for your convenience. J J Counc' Chairman JYA.AI{/ja cc: Mayor Corporation Counsel Planning Commission /rw.1~ EXHIBIT `G! COUNTY OF HAW , , ,;'STATE OF HAWAII d,;,, . BILL NO. 41 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-17 (HAINA-HONOKAA-KUKUIHAELE ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO AGRICULTURAL (A-2a) AT KAAO HOMESTEADS, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-5-03:24 AND 124 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-17, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classificetron of property described hereinafter as follows: The district classification of the followmg area situated at Kaao Homesteads, Hemekua, Hawaii, shall be Agricultural (A-2a): Beginning at a pipe at the northwest comer of this parcel of land end on the southerly side of Hawatr Belt Road (S. D. R 3(7)) the coordinates of said point of begiwtng referred to Government Survey Triangulation Station ["PAUHAU"] "PAAUHAU" being 1,625.47 feet North and 4,484 15 feet West and running by azimuths measured clockwise from True South• Thence along the southerly side of the Hawau Belt Road (S. D. R 3(7)) along a curve to the left having a radius of 1,959 86 feet, the chord atimuth and distance being: l 278° 36' 02" 467.85 feet to a pipe; 2. 294° 58' 83 46 feet along the southerly side of the Hawaii Belt Road (S. D. R. 3(7)) to a pipe near the top bank of Kahaupu Gulch; thence along the top bank of Kahsupu Gulch, along State Land, for the next five (5) courses 3 67° 52' 97 90 feet to a pipe; 4 39° 19' 192.54 feet to a pipe, 5 4° 52' 214.50 feet to a pipe, 6. 43° 30' 145 00 feet to a pipe; 7 7° 47' 386 00 feet to a pipe; 8 114° 58' 1,040.00 feet along remainder of Grant 8846 to Claudine Gonsalves to pipe at the southeasterly srde of Loke Street; 9. 241° 09' 138.40 feet along the southeasterly side of Loke Street to a pipe; 10. 261 ° 29' 37.60 feet along the southerly side of Loke to a pipe; l l . 281 ° 48' 44.90 feet along the southeasterly side of Loke Street to a pipe; 12 238° 24' 167.00 feet along the southeasterly srde of Loke Street to a pipe; 13. 216° 07' 245.00 feet along the southeasterly side of Loke Street to a pipe, 14. 246° 31' 230.80 feet along the southeasterly side of Loke Street to a pipe; 15. 217° 35' 142.39 feet along the southeasterly side of Loke Street to the point of beginning and containing an area of 13.6736 Acres. All a9 shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in drstrict classificetton is conditioned upon the following: A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2 B The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawarr Revised Statutes, relating to permissible uses within the State Land Use Rural District C The required water commitment payment for the proposed additional lots shall be submitted to the Depaztment of Watet Supply in accordance with its "Water Commitment Gwdelines Policy" wrthin ninety (90) days from the effec4ve date from this ordinance. D. Final Consolidatton/Resubdivisron Approval of the proposed subdivision development within the subject azea shall be secured wrthin five (S) years from the effective date of this change of zone ordinance. E Covenants in the deeds of all the subdivided lots within the subject area shall state that no variance from the minimum water requirements shall be granted to further subdivide the lots without improvements to the existing water system facilities, meeting with the standards of the Department of Water Supply A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval in conjunction with the issuance of Final Consolidatioti/Resubdivision 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 with a copy of the recorded covenant to be filed with the Planning Director upon its receipt from the Bureau of Conveyances F Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject area shall prohibit the construction of an obana or 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 Director for review and approval prior to the issuance of Final Consolydatron/Resubdivision Approval A copy of -3- r the approved covenant(s) shalt be recited m an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances in conlunctton wrth the issuance of Final Consol~dation/Resubdrv~sion Approval [H]G All grading and grubbing activities shall meet with the approval of the Department of Public Works [I]I.j. The wastewater treatment and disposal system shall meet with the approval of the Departrnent of Health [J][ Should any umdentified sites or remains such as artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Department of Lend and Natural Resources-Historic Preservation Drv~sion (DLNR-HPD) shall be immediately notified Subsequent work shall proceed upon an archaeological clearance ftrom the DLNR-HPD when sufficient mitigative measures have been taken. [LjJ. Should the Council adopt a Untfied Impact Fees Ordinance setting forth coterie for the imposition of exactions or the easements of impact fees, wndit~ons included herein shall be credited towards the requirements of the Unified impact Fees Ordinance. [M]]~. Comply with applicable laws, rules, regulations and requiremenu of other affected agencus for approval of the development within the subject area. [N]);. An m~tial extension of bins for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -4- I Non-performance rs the result of condttions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence 2 Granting of the trine extension would not be contrary to the General Plan or Zoning Code. 3 Granting of the time extension would not be contrary to the original reasons for the granting of the change of wne 4 "The time extenston granted shall be for a penod not to exceed the period onginally granted for performance (r.e., a condition to be performed within one year may be extended for up to one additional year) [O)IV~. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropnate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other pacts of this ordinance. SECTION 4 This orditance shall take effect upon its approval. ~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Intraduction• Date of I st Reading: Date of 2nd Reading c~tiv~at~~ 824.001 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED. -5- I Ira.. rr? Re ~e I - tee• ? .y • ~ a. \ ~ J A- 9~ A-9• \ e ~e•~ R!-1s . 't 1pK ~ Q MAM11/sV veunlTn7~ ~1• es• ew/ 1~•~. ~?-s• a 1` ~y i7.~e w O 44 O ` ~ C 1S/` 24• Q R/ le O 1/7 w ~ ~ \ R!-~. ABRtC11LTURAt ~ (/i-ppyy) =14f~~ ~ 7+e .~iRIC41_TURA1.. (~lJla) / a~ sl' ARIBA • Is.s7is ACIls>! i \ / ~ ~alr a•/• 142.7 1.~2/. 7 N ~,1 M.~/ W A-7e. A-a. - =AAVNAY• ~ I•. ~ 3>• v f~O \``R•r~~'ea ~s•as 74~ ~ ti n.-rs 14/.e. ;z r /n• w A-1a~ 1/2 i7 712' R 1•q•t ~ f/..?S w IC M'W ? O R le 6 ,,-1. AMENDMENT TO THE ZONING CODE AMCNflINS SECTION 21l-d-IT tiAINA-I-IONOKAA-KUKUIHAELE 20NC MA1~ ARTICLE d , CHA ER 2S (`LONINC3 CODL/~ O}• THC HAWAII COtJ1YT7' CODA, 1'!7' CHAN61Na THL flt9TTQICT CLA9EI~1CA1'lOi`I Ff[OM A8RIGULTURAL (rq-go) TO • A131Q1CULTUIQAL (/4,?.0) AT KAAO HOML°.fT~AD°J, HAMAKUA, HAWAIf. PIaaPARIdC 6Y • PLANNING DHRgRTM@NT CouNT`y or HAYYAtI TMK 4-i-om c ~4 ANV t~4 OCT. 1d, 1446 EXHIBIT fA7 ~OOReTMy aeuz..,) ? , 91epl+en K Yama~hleo Aleheed Wlademan MaT+. i' • ~ Cnrporadon Cw.usl I, ~Mtii~( IIf ~~t ~ ~ I 1 n ? . i OFFICE OF THE CORPORATION COUNSEL 101 AupuM 9a..4 adr 12S Hao,14rN196730i263 •1696) 961-0251 !r< (a0a) 961-0622 July 11, 2000 TO: BOBBY JEAN LEITHEAD-TODD Councilmember / FROM. RICHARD D. WURDEMAN ~iGI/ Corporation Counsel SUBJECT: Arnesdment to Bill No. 41, Draft 2 In your memorandum of July 10, 2000, you sated whetter the Tide to Bil141 could be amended to comply vnth the terimnobgy in the 1996 Turing Code. Apparently this bill, which would rezone a portion of ICa'ao Homestoads m Hamakua from Agricultural (A-Sa) to Agricultural (A-2a), was introduced prior to the eoactrneot of the present Zoning Code. It is mw thought that a mon appropriate redeatgoahon would be to the RA (Raidendel and Agricultural District). The Charter, §3-/O(b), roquires that ordinances shall embtt4ce but one subject, which subject shall be expressed m the title. Generally, such provinons are construed es requiring that although alight changes in the title or ordinances, such as correcting typographial errors or replacing a word with a synonymous one, ate immaterial, changes which alter the original purpose of the ordinance are not permitted. Mr•Ouillen Men Cnrfl §16.87 (3"' Ed). In this case, the suggested change is to rezone the property to one permitting a range of different uses from that ongttullly intended, as well as to a cleasification only permitted in State land uee urban and rural districts. Because of the materiality of this change, it must be accomplished by a new bill, subject to all rho required procedural requirements. RDW •b3 Comm. No.~~~ ~ Z HILT Arend Bi1141,dr2 File No. ReI. To: Ref. Date ~ 14 ~ Hawar`r County Council July 26, 2000 The roll call vote on Bill 278, was as follows: AYES Counctlmembers Cltu:ig, Elarionoff, Lerthead-Todd, Pisrcchro, T yler, Yagong and Chairman Arakak: - 7 NOES• Councrlmember Jacobson - 1. ABSENT & EXCUSED• Councilmember Smrtlt - 1. CONSENT ITEM - By general consent, the following items were taken out of order, as requested by CHANGE ORDER Chairman Arakaki and with no objections. OF BUSINESS: ORDINANCE A Bill for an Ordinance numbered 41, Draft 3, amends Section 25-8-17 (Haina- B 41. Honokaa-Kukuihaele Zone Map), Article 8, Chapter 25 (Zoning Code) of the (DRAFT 31 Hawaii County Code, by changing the district classification from Agricultural (PC-104) (A-Sa) to Agricultural (A-2a) at Kaao Homesteads, Hamakua, Hawaii, covered (C-824.0011 by Tax Map Key 4-5-03:24 and 124, introduced by Ms. Leithead-Todd; {Dorothy Souza, applicant.} and COMM. 824.002• From Corporation Counsel Richard Wurdeman, dated July 11, 2000. Ms. Lerthead-Todd moved to refer Bi1141 back to the Planning Commtssion. Seconded by Ms. Pisicchio. CHR. ARAKAKI: Okay, any discussion? Mr. Tyler. MR. TYLER: Yes, Mr Chairman. Could 1 have some further explanation from Ms. Leithead-Todd? Is this in light of the July 1 I th memo from the Office of Corporaion Council? CHR. ARAKAKI: Okay. Go ahead. Ms. Lerthead-Todd, you willing to answer MS. LEITHEAD-TODD. This is in light of Mr. Wurdeman's opinion regarding the fact that this was a bill that was originally initiated under the old Zoning Codes and the classifications contained in the title are inappropriate under the new Zoning Code and the uses for a A-2a versus an FA or an RA zoning are different. So, given his opinion, we felt that the appropriate thing was to send rt back to the Planning Commission for basically re-introduction as a new bill with the new title and the corresponding appropriate classifications 78 Hawaii County Council July 2G, 2000 MR. TYLER. I see. Well, I appreciate that. 1 did note after reading the memo that it looked like we would need a new bill. Is there a requirement in our Code that initiating a new bill here would immediately cause it to go to the Planning Commission, in light of the fact that it's, really---it's kind of a housekeeping, and [ realize that it's adifferent---there's some differences over the original zoning classification, but is it possible we could accomplish this here by Just coming up with a new bill instead of going through the whole process again? MS. LEITHEAD-TODD: Well, the concern [had is that because our Zoning Code basically says that rezoning, even if it's initiated by us, has to be referred to the Planning Commission. So, if we were to come up with a new bill here, even though it's subject matter that we've already covered, because the uses in the Family Agricultural and the uses in the Rural and Agncultural, which are the ones that this particular rezoning would fall into, are different from what existed under the old Code, l feel more comfortable in going back to the Planning Commission. I have promised the applicant that when it comes back from the Planning Commission I will waive it from Committee to go directly up to the Counsel. MR. TYLER: I see. And, so the AG-2a has been changed to FA, right? MS. LEITHEAD-TODD: FA or RA7 That's the applicant would like it to be FA. That's going to be subject to interpretation of the Planning Department and the Planning Commission if that is an appropriate designation for land which has a State Land Use classification of Rural and which is being subdivided into two acre lots so they can continue to have agricultural activity. MR. TYLER: Okay. Thank you, Mrs. Leithead-Todd. Mr. Chairman, may I ask Mr. Yagong, whose district this is, if he has any comments to this? C)-IR. ARAKAKI: Okay, Mr. Yagong? MR. YAGONG: Yeah, my light is on. MR. TYLER: Okay. Thank you, Mr. Chairman. I yield the floor at this time CHR. ARAKAKI: Okay, Mr. Yagong. MR. YAGONG: Thank you, Mr. Chairmai.. I do concur with the Planning Committee Chairman regarding this, although 1 had hoped that there was something we could do. But after reading our Code and reading, you know, Mr. Wiudeman's opinion, it seems to me that this would be the cleanest way to do it. So, l do agree with what she's recommending, especially where she's agreeing 79 Hawai`~ County Council July 26, 2000 to waive rt from Committee to Council so that we can deal with this As you know, this been a long process for the Souza's. MR. TYLER. Right. MR. YAGONG: So, but I concur with Ms. Letthead-Todd on this. Thank you, Mr. Chairman. CHR. ARAKAKI: Okay. Now, Mrs. Leithead-Todd, whose going to draft the new bill? You are, your Committee? MS. LEITHEAD-TODD: We're going to send this down and it'll basically be re-titled, but it's the same language and it's on the computer so it Just needs to change the title for introduction. CHR. ARAKAKI: Ms. Pisicchio. MS. PISICCHIO: Thank you, Chairman. My understanding from staff is that it could have an impact on the request that the applicant is making, so... That'll be interesting to see when it comes back to us. Thank you. CHR. ARAKAKI: Okay. Mr. Yagong. MR. YAGONG: Yeah, I'm glad Ms. Pisicchio mentioned which staff, because really staff is the one that really caught this. MS. PISICCHIO: Yeah MR. YAGONG: And, that's---you know, I really appreciate that they did this, because certainly we don't want to pass a faulty bill. So I really appreciate the fact that staff was on top of this on this particular matter. CHR. ARAKAKI: So we all concur then? 80 z Hawai'~ County Council July 2G, 2000 The motion to refer B~II 43, Draft 3, back to the Planning Commission was carved by voice vote, as follows AYES Councilmembers Chung, Elanonoff, Jacobson, Leithead-Todd, Pisicchio, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT 8c EXCUSED: Counc~lmember Smith - 1. CONSENT ITEM - By general consent, the following items were taken out of order, as requested by CHANGE ORDER Chairman Arakaki and with no objections. OF BUSINESS: RESOLUTION A Resolution numbered 274-00, authorizes the acceptance of a donation of a N0.274-00: Catalina Macaw, introduced by Mr. Yagong. FC- 85 {Department of Parks & Recreation - Panaewa Zoo.} C( 831) Mr. Chung moved for the adoption of Resolution 274-00 and Finance Committee Report 285. Seconded by Mr. Tyler and carried by the following roll call vote• AYES.Councilmembers Chung, Elanonoff, Jacobson, Leithead-Todd, Pisicchio, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Smith - 1. CHR. ARAICAICI: Resolutton 274-00 is adopted 81