Loading...
HomeMy WebLinkAboutBIL 168 Draft 01 2024-2026 COUNTY OF HAWAI`I +_ " �•` STATE OF HAWAI`I ,'�TF OF•HF,�; 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Ordinance Nos. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594 (1973) are hereby repealed.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 . ., � Wr. 1111 CN-20 14 Sp;6 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 1 @M ill la IRLVO lir 1011111111 7� • 01 MOO \t, ....._ Z IM25 111 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... 4� CN-20 �,-� 111 5 l ,0/.4., „, -„,,,,,,: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 @NVO 1\1, o W:6035 (road)- RM-2.5 vOrkkjk Illi 0 ,, 111111, KAAEA ;. �G 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