COM 0998.022 2006-2008 - Laserfiche WebLink

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Harry Kim Mayor ~OUIltp Of ~A~U~I`l 891 Ululani Street Hilo, Hawaii 96720 • (808) 961-8211 • Pax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 October 13, 2008 The Honorable Pete Hoffmann, Chairperson, and Members Hawaii County Council 333 Kilauea Avenue Hilo, Hawaii 96720 Re: Veto Message - Bi11237 Draft 2 Deaz Chairperson Hoffmann and Council Members: Dixie Kaetsu Managing Director Barbara Koslow Deputy Managing Director r-% :) o t-~.~) ~-, .fit w 3 ~.-i - 5: r. ca jwi -1. i~ ' N % W Pursuant to Section 3-12 of the Hawaii County charter, I am disapproving Bi11237 Draft 2 and returning it to you. This is done with some reluctance because my administration shares with the Council the goal of preserving view planes and open space along the shoreline of North Kohala. It is understood that this common goal is what led the council to enact the RA-15a zoning in Bill 237. If the County government operated in a land use system where we did not take into account the legitimate interests of private owners of property, we would be free to make very restrictive controls on this and other lands. We must, however, understand that the property is privately owned and we have to look for a balance between the desires of the public and the interests of the property owner. The property was originally zoned A-Sa. This would have allowed a subdivision of up to 7 lots on this 37.88 acre property. In 1997, it was rezoned to RS-15, but with an overall limit of 50 homes. In 2007, the zoning lapsed because the owner had not secured final subdivision approval during the allowed time. The Planning Director then initiated a rezoning to RA-Sa, basically the same zoning as prior to 1997. The landowner asked for a time extension on the RS-15 zoning. The Council effectively denied this when it denied Bi11307. The Council then amended the Planning Director's bill to provide for RA-15a zoning, rather than RA-Sa. The RA-Sa zoning proposed by the Planning Director is the pre-1997 zoning for the property, and is consistent with the zoning designations of the property makai of the Akoni Pule Highway immediately to the southeast, and to the northwest almost as faz as Mahukona. The property adjacent to the southeast received an SMA permit in 2006 to be developed into five- Zy coatm: No. ~ ~ u_ ~- Ref. Tot Ref. Date CTS Hawaii County is an equal opportunity provider and employer.