HomeMy WebLinkAboutBIL 168 Draft 01 2024-2026 COUNTY OF HAWAI`I +_ " �•` STATE OF HAWAI`I
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BILL NO. 168
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NOS. 19-38,09-50,09-49,06-138,06-137,
95-118, 92-36, 90-10, 86-49,533 (1980),AND 594 (1973)AND AMENDING CHAPTER 25,
ARTICLE 8,SECTION 25-8-3 (NORTH KONA ZONING MAP)AND SECTION 25-8-5
(KAILUA URBAN ZONING MAP), OF THE HAWAI`I COUNTY CODE (2016
EDITION,AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION
FROM VILLAGE COMMERCIAL-7,500 SQUARE FEET (CV-7.5) AND MULTIPLE-
FAMILY RESIDENTIAL-2,500 SQUARE FEET (RM-2.5) TO DOUBLE-FAMILY
RESIDENTIAL-3,750 SQUARE FEET (RD-3.75)AND AGRICULTURAL-FIVE
ACRES (A-5A) AT HIENALOLI 4TH, 5TH,AND 6TH,NORTH KONA,HAWAI`I,
COVERED BY TAX MAP KEY NO. 7-5-010:013.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Ordinance Nos. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36,
90-10, 86-49, 533 (1980), and 594 (1973) are hereby repealed.
SECTION 2. Chapter 25, Article 8, Section 25-8-3, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Hienaloli 4th,North Kona,Hawai`i, as more particularly depicted on Exhibit A and described
in Exhibit B,both of which are attached hereto and made a part hereof, from Multiple-Family
Residential-2,500 square feet(RM-2.5) to Agricultural-5 acres (A-5a).
SECTION 3. Chapter 25, Article 8, Section 25-8-5, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Hienaloli 5th and 6th,North Kona, Hawai`i, as more particularly depicted on Exhibit C and
described in Exhibit D,both of which are attached hereto and made a part hereof, from Village
Commercial-7,500 square feet(CV-7.5) to Double-Family Residential-3,750 square feet(RD-
3.75).
SECTION 4. In accordance with Chapter 25, Article 2, Section 25-2-44, of the Hawai`i
County Code 1983 (2016 Edition, as amended), the County Council finds that the following
conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SECTION 5. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
OUNCIL ME ER, COUNTY OF HAWAII
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: •
REFERENCE Comm. 937
-2 -
EXHIBIT A
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ilk NI I I 11 1 , .
A-5a x lot ,., 1 11 okMULTIPLE FAMILY RESIDENTIAL -
RD-3.75 2,500 SQ. FT. (RM-2.5) TO
AGRICULTURAL - 5 ACRES (A-5a)
REZONE AREA: 3.227 ACRES
Uq�q�A%
A-5a
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A-1 a lilt
iiilli ________ \ ,
Feet
0 500 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING)
OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE ZONE MAP
CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL- 2,500 SQ. FT. (RM-2.5)
TO AGRICULTURAL- 5 ACRES (A-5a)
AT NORTH KONA, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAI'I, PLANNING DEPARTMENT
DATE February 26,2026
EXHIBIT"A"
#11268.83 PROPOSED A-5a ZONING DESIGNATION ON THE EASTERLY PORTION OF LOT A-1
EXHIBIT B
PROPOSED A-5a ZONING DESIGNATION
ON THE EASTERLY PORTION OF LOT A-1
Land situated in the Northerly and Westerly portions of Lot A-1, being on the Northerly sde
of Lot A-2 (Road Widening Lot) and being approximately 200 feet Northerly of Hualalai Road, at
Hienaloli 4th, North Kona, Island and County of Hawaii, State of Hawaii.
Being portions of:
Lot A-1;
Royal Patent 1600 and 1930 to Asa Thurston,Land Commission Award 387, Part 4,
Section 2 to the American Board of Commissioners for Foreign Missions;
Grant S-15700 to James F. Boe and Joan L. Boe; and
Land Commission Award 8524-B, Part 3 to Peke.
Beginning at the Northwesterly corner of this parcel of land, being also the Northeasterly
corner of Lot 361 of Aloha Kona Subdivision(File Plan 871)and being a point on the Westerly side
of Keopu Channel Improvement (Parcel 17) (County of Hawaii), the coordinates of said point of
.beginning referred to Government Survey-Triangulation Station "KAILUA (NORTH MERIDIAN)"
being 1,803.27 feet South and 3,262.94 feet East and running by azimuths measured clockwise
from True South:
#11268.83 Page 1 of 3
WES THOMAS ASSOCIATES
—Land Surveyors—
75-5749 Kalawa Street, Kailua-Kona,Hawaii 96740-1817 .
" #11268.83 PROPOSED A-5a ZONING DESIGNATION ON THE EASTERLY PORTION OF LOT A-1
1. 72° 51' 37" 642.08 feet along Lots 361, 362, 363, 364, 365, 371,
372, 373, 374 and 375 of Aloha Kona
Subdivision (File Plan 871) and along Land
Commission Award 8524-B, Part 3 to Peke to a
• rebar in concrete (found);
2. 80° 55' 37" 11.25 feet along Lot 375 of Aloha Kona Subdivision
(File Plan 871) and along Land Commission
Award 8524-B, Part 3 to Peke to a point;
Thence,for the next seven(7)courses following along the remainders of Lot A-1 and Royal
Patent 1600 and 1930 to Asa Thurston, Land Commission Award 387, Part 4, Section 2 to
the American Board of Commissioners for Foreigh Missions:
1. 160° 09' 29.34 feet along stonewall to a point;
2. 172° 05' 19.70 feet partially along stonewall to a point;
3. 164° 48' 25.00 feet to a point;
4. 156° 40' 58.10 feet partially along stonewall to a point;
5. 141° 07' 50.20 feet along stonewall to a point;
r 6. 146° 49' 35.90 feet along stonewall to a point;
7. 172° 31' 42.02 feet along stonewall to a point;
8. 257° 55' 2.01 feet along stonewall and along Royal
Patent 7904, Land Commission Award 4226 to
Kuae to a spike (found);
9. 165° 21' 3.56 feet along stonewall and along Royal
Patent 7904, Land Commission Award 4226 to
Kuae to a 1/2 inch pipe (found);
10. 252° 39' 30" 443.06 feet along stonewall and along Land
Commission Award 7716, Apana 5 to R.
Keelikolani to a point;
11. 259° 46' 6.16 feet along Land Commission Award 7716,
Apana 5 to R. Keelikolani to a 1/2 inch pipe in
concrete (found);
12. 252° 40' 5.36 feet along Land Commission Award 7716,
Apana 5 to R. Keelikolani to a point;
• Thence, for the next four (4) courses following along the Southerly side of the Keopu
Channel improvement Parcel 17 (County of Hawaii, Owner):
#11268.83 Page 2 of 3
WES THOMAS ASSOCIATES
—Land Surveyors—
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#11268.83 PROPOSED A-5a ZONING DESIGNATION ON THE EASTERLY PORTION OF LOT A-1
13. 317° 24' 30" 73.20 feet to a point;
Thence,following on a curve to the left with a radius of 150.00 feet,the chord azimuth and
distance being:
14. 305° 09' 30" 63.65 feet to a 1/2 inch pipe (found);
15. 292° 54' 30" 197.59 feet to a point;
16. 342° 48' 16.26 feet to the point of beginning and containing an
area of 3.227 Acres.
> WES THOMAS ASSOCIATES
G LlceN �c�
i PRov SS ONAL
LAND
SURVFydR
No. EYO433Iy Chrystal Thomas Yamasaki
`„,, Licensed Professional Land Surveyor
al►�U State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817 •
TMK: 7-5-010: portion 013 (3rd Division)
April 3, 2017
Modified Zoning Designation to A-5a: October 21, 2025
#11268.83 Page 3 of 3
WES THOMAS ASSOCIATES
—Land Surveyors—
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
EXHIBIT C
061.....?,.., wrill...
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„, -„,,,,,,:t.,1 _------,--,--,:-sF.-,,;,;gsk3s,,,,,,,,,kxz,,,,,yet e
G
I04; RM-1
A-5 a
O .
VILLAGE COMMERCIAL -
7,500 SQ. FT. (CV-7.5)
TO
is
DOUBLE FAMILY RESIDENTIAL
3,750 SQ. FT. (RD-3.75) RM-1
/1vq REZONE AREA: 3.331 ACRES
RM-2.5
:111i,':::
IIA
G .�2
Cv-7.5 RD-3.75
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o
W:6035
(road)-
RM-2.5 vOrkkjk Illi
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111111, KAAEA ;.
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RM-2.5
11111111,
A-1 a
Feet
0 500 1,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-5 (KAILUA URBAN ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING)
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE ZONE MAP
CLASSIFICATION FROM VILLAGE COMMERCIAL- 7,500 SQ. FT. (CV-7.5)
TO DOUBLE FAMILY RESIDENTIAL 3,7500 SQ. FT. (RD-3.75)
AT URBAN KAILUA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
DATE February 26.2026
EXHIBIT"C"
#11268.83 PROPOSED RD 3.75 ZONING DESIGNATION ON WESTERLY PORTION OF LOT A-1&Lot A-2
EXHIBIT D
PROPOSED RD-3.75 ZONING DESIGNATION
ON WESTERLY PORTION OF LOT A-1
AND THE WHOLE OF LOT A-2
Land situated along the Northerly and Northeasterly sides of Hualalai Road,at Hienaloli 4th,
5th and 6th, North Kona, Island and County of Hawaii, State of Hawaii. .
Being the Whole of:
Grant S-15700 to James F. Boe;
Lot A-2; and
Being portions of:
Lot A-1;
Royal Patent 1600 and 1930 to Asa Thurston,Land Commission Award 387, Part 4,
Section 2 to the American Board of Commissioners for Foreign Missions; and
Land Commission Award 8524-B, Part 3 to Peke.
Beginning at a 1/2 inch pipe(found)at the Northwesterly corner of this parcel of land,being •
also the Northwesterly corner of Lot A-2 (Road Widening Lot) and being an angle on the
Northeasterly side of Hualalai Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 2,005.15 feet
South and 2,083.47 feet East and running by azimuths measured clockwise from True South:
#11268.83 Page 1 of 3
WES THOMAS ASSOCIATES
—Land Surveyors—
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#11268.83 PROPOSED RD 3.75 ZONING DESIGNATION ON WESTERLY PORTION OF LOT A-1 &Lot A-2
1. 239° 05' 450.27 feet along Lot 1 and along Land Commission
Award 7716, Apana 5 to R. Keelikolani to a
1/2 inch pipe in concrete (found);
2. 257° 55' 71.20 feet partially along stonewall and along Royal
Patent 7904, Land Commission Award 4226 to
Kuae to a point;
Thence,for the next seven (7)courses following along the remainder of Lot A-1 and along
the remainder of Royal Patent 1600 and 1930 to Asa Thurston, Land Commission
Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign
Missions:
3. 352° 31' 42.02 feet along stonewall to a point;
4. 326° 49' 35.90 feet along stonewall to a point;
5. 321° 07' 50.20 feet along stonewall to a point;
6. 336° 40' 58.10 feet partially along stonewall to a point;
7. 344° 48' 25.00 feet to a point;
8. 352° 05' 19.70 feet partially along stonewall to a point;
9. 340° 09' 29.34 feet along stonewall to a point;
10. 80° 55' 37" 69.16 feet along Lot 376 of Aloha Kona Subdivision
(File Plan 871) and along Land Commission
Award 8524-B,Part 3 to Peke to a 1/2 inch pipe
in concrete(found);
11. 342° 04' 37" 116.32 feet along Lot 376 of Aloha Kona Subdivision
(File Plan 871)and along the remainder of Land
Commission Award 8524-B, Part 3 to Peke to a
mag nail in concrete (found);
Thence,for the next seven (7) courses following along Northerly side of Hualalai Road:
12. 72° 01' 180.46 feet to a 1/2 inch pipe in concrete (found)
13. 90° 00'- 186.61 feet to a 1/2 inch pipe in concrete (found);
14. 102° 30' 35.48 feet to a 1/2 inch pipe in concrete (found);
15. 123° 00' 35.93 feet to a 1/2 inch pipe in concrete (found);
16. 134° 30' 39.10 feet to a 1/2 inch pipe in concrete (found);
#11268.83 Page 2 of 3
WES THOMAS ASSOCIATES
• -Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
»1 ♦ B 4 #11268.83 PROPOSED RD 3.75 ZONING DESIGNATION ON WESTERLY PORTION OF LOT A-1 &Lot A-2
17. 138° 44' 52.29 feet to a 1/2 inch pipe in concrete (found);
18. 153° 01' 02" 81.31 feet to the to the point of beginning and
containing an area of 3.331 Acres.
Yq
-15 WES THOMAS ASSOCIATES
LICENSED
U PROFESSIONAL
LAND 14(e°1-1-7
* SURVEYO)*
No.4331 Chrystal Thomas Yamasaki
4t4'All,U :5' Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-5-010: portion 013 (3rd Division)
Modified Zoning Designation to RD-3.75: November 4, 2025
•
#11268.83 Page 3 of 3
WES THOMAS ASSOCIATES
—Land Surveyors—
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817