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HAWAII COUNTY COUNCIL
AGENDA
5 Te Session
COMMITTEE ON PLANNING
Bobby Jean Leithead-Todd, Chair
Curtis Tyler, Vice Chair
Aazon Chung, Member
Leningrad Elarionoff, Member
Julie Jacobson, Member
Nancy Pisicchio, Member
Al Smith, Member
Dominic Yagong, Member
James Y. Arakald, Ex-O~cio Member
DATE: March 5, 1999 (Friday)
PLACE: Councilroom
TIME: 2:30 P.M.
CALL TO ORDER
PRESENTATION: STATUS REPORT REGARDING THE GENERAL PLAN
REVISION PROGRAM BY THE COUNTY OF HAWAII'S PLANNING
DEPARTMENT.
STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA
REFERRALS
(NOTE: The Chair recommends that the following communications and attached bills
referred by the Planning Commission, to the Planning Committee, be deferred.)
PC-5 Page 2 March 5, 1999
Comm. 23: ORDINANCE BILL AMENDING SECTION 25-8-34
(Bill 7) (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING
THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a)
TO FAMILY AGRICULTURAL (FA-la) AT WAINAKU, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY 2-6-13:1 (APPROXIMATELY
10.00 ACRES)
APPLICANT: PAUL J. KIERKIEWICZ
From Mayor Stephen K. Yamashiro dated December 8, 1998, transmitting a
letter and above bill from Planning Commission Chair Kevin M. Balog.
Comm. 24: ORDINANCE BILL AMENDING ORDINANCE NO. 92-51, WHICH
(Bill 8) RECLASSIFIED LANDS FROM AGRICULTURAL (A-3a) TO
RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY 2-4-37:36
(FORMERLY 2-4-37:PORTION OF 16), REQUEST: AMENDMENT TO
CONDITION C, E, F & H, (APPROX. 10.023 ACRES)
APPLICANT: WAIAKEA DEVELOPMENT
From Mayor Stephen K. Yamashiro, dated December 8, 1998, transmitting a
letter and above bill from Planning Commission Chair Kevin M. Balog.
The request is for additional time to secure Final Subdivision Approval
(Condition C); deferral of roadway and drainage improvements to Kupulau
Road (Conditions E and F); and deferral of a housing plan for the
development (Condition H).
Comm. 25: ORDINANCE BILL AMENDING SECTION 25-8-33 (CITY OF HILO
(Bi119) ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-IS)
TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-11:87
(APPROXIMATELY 21,780 SQUARE FEET)
APPLICANT: AMY S. YAMAMOTO
From Mayor Stephen K. Yamashiro, dated December 8, 1998, transmitting a
letter and above bill from Planning Commission Chair Kevin M. Balog.
PC-5 Page 3 March 5, 1999
Comm. 43: ORDINANCE BILL AMENDING ORDINANCE NO. 166 AND
(Bill 10) SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE
8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL (RS-10) TO AGRICULTURAL (A-l0a) AT
PAPAALOA, NORTH HILO, HAWAII, COVERED BY TAX MAP
KEY 3-5-3:PORTION OF 27 AND 75 AND 3-5-4:PORTION OF 8
REQUEST: AMENDMENT TO DISTRICT CLASSIFICATION AND
CONDITIONS OF ORDINANCE NO. 166 (APPROX. 100.994 ACRES)
APPLICANT: JACK RAMOS RANCH, INC.
From Mayor Stephen K. Yamashiro, dated December 14, 1998,
transmitting a letter and above bill from Planning Commission Chair
Kevin M. Balog.
Comm. 44: ORDINANCE BILL AMENDING THE STATE LAND USE
(Bill 11) BOUNDARIES MAP, H-25 FOR THE COUNTY OF HAWAII, BY
CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL TO THE URBAN DISTRICT AT OULI, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-I 1:6
(APPROXIMATELY 5.0001 ACRES)
APPLICANT: MICHAEL K. AND THUY N. FUJIMOTO; and
(Bill 12) ORDINANCE BILL AMENDING SECTION 25-8-7 (NORTH AND
SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER
25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL
(RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX
MAP KEY 6-2-11:6 (APPROXIMATELY 5.0001 ACRES)
APPLICANT: MICHAEL K. AND THUY N. FUJIMOTO
From Mayor Stephen K. Yamashiro, dated December 14, 1998,
transmitting a letter and above bills from Planning Commission Chair
Kevin M. Balog.
PC-5 Page 4 Marcb 5, 1999
Comm. 45: ORDINANCE BILL AMENDING ORDINANCE NO. 90 63, AS
(Bill 13) AMENDED BY ORDINANCE NO. 93 76, WHICH RECLASSIFIED
THE DISTRICT CLASSIFICATION OF LAND FROM UNPLANNED
(U) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND (RS-20) AT
PUAPUAAIKI AND PUAPUAANUI, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-17:28 AND 29 REQUEST:
EXTENSION OF TIME TO CONDITION C (SECURE FINAL
SUBDIVISION APPROVAL) (APPROXIMATELY 99.3 ACRES)
APPLICANT: PUALANI ESTATES, INC.
From Mayor Stephen K. Yarnashiro, dated December 14, 1998,
transmitting a letter and above bill from Planning Commission Chair
Kevin M. Balog.
Comm. 46: ORDINANCE BILL AMENDING SECTION 25-8-3 (NORTH KONA
(Bill 14) ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO SINGLE
FAMILY RESIDENTIAL (RS-7.5) AT HONOKOHAU 2ND, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-8:POR. 26
(APPROXIMATELY 12.294 ACRES)
APPLICANT: McCLEAN HONOKOHAU PROPERTIES, L.P.
From Mayor Stephen K. Yamashiro, dated December 14, 1998,
transmitting a letter and above bill from Planning Commission Chair
Kevin M. Balog.
Comm. 47: PLANNING DIRECTOR INITIATED ORDINANCE BILL AMENDING
(Bill 15) CHAPTER 25 (ZONING CODE), ARTICLE 5, SECTIONS 25-5-76
AND 25-5-86, OF THE HAWAII COUNTY CODE, RELATING TO
MINIMUM YARDS IN THE AGRICULTURAL AND INTENSIVE
AGRICULTURAL DISTRICTS
From Mayor Stephen K. Yamashiro, dated December 14, 1998,
transmitting a letter and above bill from Planning Commission Chair
Kevin M. Balog.
PC-5 Page 5 March 5, 1999
Comm. 133: ORDINANCE BILL AMENDING THE STATE LAND USE
(Bi1135) BOUNDARIES MAP, H-66 FOR THE COUNTY OF HAWAII, BY
CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL TO THE URBAN DISTRICT AT KEAAU, PUNA,
HAWAII, COVERED BY TAX MAP KEY 1-6-3:93
(APPROXIMATELY 10.5 ACRES)
APPLICANT: HAWAII ELECTRIC LIGHT CO., INC.; and
(Bill 36) ORDINANCE BILL AMENDING SECTION 25-103/25-8-22
(PUNA DISTRICT ZONE MAP), ARTICLE 3/8, CHAPTER 25
(ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO GENERAL INDUSTRIAL (MG-1 Oa)
AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY
1-6-3:93 (APPROXIMATELY 10.5 ACRES)
APPLICANT: HAWAII ELECTRIC LIGHT CO., INC.
From Mayor Stephen K. Yamashiro, dated January 29, 1999, transmitting
a letter and above bills from Planning Commission Chair Leonard Tanaka.
UNFINISHED BUSINESS
(NOTE: Due to time constraints, should the workshop regarding the Zoning Code exceed
5 p.m. today (March 5, 1999), discussion will continue at the Committee on Planning's
Workshop regarding the Zoning Code, on Monday, March 8, 1999, at 1:30 p.m. in the
Councilroom.)
WORKSHOP ON BILL 250, DRAFT 4 (RAMSEYER) AND BILL 250, DRAFT 9
(RAMSEYER) -ZONING CODE, JERRY D. ROTHSTEIN, et al. VS. COUNTY
OF HAWAII, et al: CIVIL N0.97-028K (KONA)
Comm. 88.08: BILL AMENDING CHAPTER 25 OF THE HAWAII COUNTY
(Bi11250) CODE RELATING TO REVISIONS TO THE ZONING CODE
(Draft 4 & Draft 9) From County Clerk AI Konishi, dated February 8, 1999,
(RAMSEYER) transmitting Bill 250, Draft 4 (Ramseyer) and Bill 250, Draft 9
(Ramseyer), which repeals Chapter 25 (Zoning Code) and adopts a
new Chapter 25 to the Hawaii County Code 1985 (1995) Edition.
Also transmits Notes on the Zoning Code Revisions.
Bill 250 (Draft 4) This is a revision of Bill 250, Draft 1, which was introduced in
Ramseyer: February 1996. Bill 250, Draft 8, was passed by the County
Council on November 21, 1996, and became law on December 7,
1996. On December 21, 1998, Judge Ronald Ibarra ordered that
PC-5 Page 6 March 5, 1999
Bi11250, Draft 4 (which was considered by the Council in a "repeal
and reenactment" format) be referred back to the Council in the
Ramseyer format for ratification. This draft proposed a number of
major amendments to Chapter 25, Hawaii County Code (Zoning
Code), as it existed prior to November 1996. A 37-page document
entitled, "Notes on Zoning Code Revisions" has been updated to
aid in understanding the changes between Draft 4 and the pre-
existing Zoning Code. It also highlights major changes between
Draft 4 and what was previously known as Draft 8 (revised for
typographical and grammatical errors and now called Draft 9).
Major changes to Chapter 25 (as it existed prior to November
1996) include, but are not limited, to the following items or subject
areas: rules, various new and amended definitions (for example:
provides definition of "County environmental report" separate and
apart from state EIS required under Chapter 343, HRS; changes
number of unrelated persons allowed in residence); major changes
proposed in all zoning districts (residential, agricultural,
commercial, resort etal.); amends notice provisions and persons to
be notified; amends time periods affecting permits and other
applications; changes filing fees; amends appeals process; major
changes to uses requiring use permits, deletes some, adds others;
amends sections relating to plan approvals; amends sections
regarding telecommunication towers and heliports; establishes
zoning districts, CO deleted, new mixed use districts established,
RCX (residential-commercial mixed) and MCX (industrial-
commercial mixed); adds FA (family agricultural), project
districts, and "Agricultural project districts"; major revisions to
General Development Regulations; changes requirements before
dwelling unit can be constructed; major revisions to bed and
breakfast regulations; amends where real estate offices can be
located; provides height exemption in A and FA districts for
structures up to 100 feet; new section addresses pools; changes
number of parking units required for commercial and resort
structures; changes where mortuaries, cemeteries and mausoleums
permitted; allows major outdoor and recreation facilities with use
permit in residential districts; changes where golf course driving
ranges allowed; numerous other amendments proposed.
Bi11250 (Draft 9) The changes made between Draft 4 and Draft 8 are reflected in our
Ramseyer: new Draft 9 (revised for typographical and grammatical errors).
The changes are not limited to the following items or subject areas:
deletes term "persons" from definition of density; reinstates
number of unrelated persons in a family from eight to five; drops
PC-5 Page 7 March 5, 1999
definition of "resort ranch"; deletes item "c" in definition of
kitchen; meeting facility must be for non-profit use; deletes
definition of transient vacation unit; reinstates section 25-2-7;
establishes a 60-day review period of commission to review
director initiated amendment; cinder cone excavation deleted; golf
courses and related golf course use transferred to use permit;
telecommunication antennas and towers use transferred to use
permit; if commission fails to render a decision within 90 days,
approval of a use permit could occur only if no written objections
are received; amended home occupations section; amends plan
approval section; amends pazking sections; etc.
For a more complete detailed explanation of what the bill is
proposing, see the description in Draft 4.
NEW BUSINESS/STATEMENTS FROM THE PUBLIC/ADJOURNMENT
The meeting place is accessible for persons with physical disabilities. Persons who need
special accommodations to attend this meeting should call 961-8245 by March 3, 1999.
Persons using TDDs may call 961-8521.
(Copies of this agenda and the communications aze posted and filed at the County Clerk's
Office, 25 Aupuni St., Hilo; the Office of the Mayor, 75-5706 Kuakini Highway, Suite
103, Kailua-Kona; and the Kona Councilmembers' Office, 77-6399 Nalani St., Suite 104,
Kailua-Kona. For further information, please ca11961-8245. Those wishing to testify,
please register with the County Clerk's staff prior to the convening of the meeting. If
possible, submit fifteen (15) written copies of testimony to staff prior to the convening of
the meeting.)
GOVERNMENT ACCESS TELEVISION: Channel 9 (Hilo) and Channel 12 (Kona)
The Public Works & Parks Committee and the Finance Committee meetings can be seen
on Tuesday, March 9 at 8:30 p.m. and Tuesday, March 16 at 8:30 p.m. The Human
Services & Economic Development Committee and the Plazming Committee meetings
can be seen on Thursday, March 11 at 8:30 p.m. and Thursday, March 18 at 8:30 p.m.
All the above meetings will be aired on Sunday, March 14 at 9 a.m.