HomeMy WebLinkAboutCOM 0998.008 2006-2008
Pete Hoffmann tv Of Phone No. Hilo: (808) 961-8027
M, ~Iy
Council Chair Phone No. Waimea: (808) 887-2043
District 9 - North and South Kohala Fax No.: (808) 887-2072
E-Mail: poffmann&o.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i a
Hawai'i County Building Holomua Center ono
25Aupuni Street 64-1067 Mamafp oa Higlnury, Suite C-5
Hilo, Hawaii 96720 Waimea, Hawa~Y 743
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TO: Council Members
Hawaii County Council
#wo tl.
FROM: Pete Hoffmann, Council Chair
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Date: April 18, 2008
Subject: Proposed Amendment to Bill No. 237-08 Repealing Ordinance No. 97 102 and
Amending Section 25-8-7 (North and South Kohala Districts Zone Map), Article
8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition),
by Changing the District Classification From Single Family Residential - 15,000
Square Feet (RS-15) to Residential and Agricultural - 5 Acre (RA-5a) at Kahua
1st, North Kohala, Hawaii, Covered by Tax Map Key 5-9-001:008.
Please find attached a proposed amendment to Bill 237 relating to the change in zoning for
property Kahua 1 st, North Kohala, Hawaii, Covered by Tax Map Key 5-9-001:008.
The proposed amendment is to further downzone the subject property from the planning
director's recommendation of Residential and Agricultural 5 acre (RA-5a) to Residential and
Agricultural 15 acre (RA-15a).
Therefore, all references in Bill 237 to Residential and Agricultural - 5 Acre (RA-5a) are
proposed to be amended to Residential and Agricultural - 15 Acre (RA-15a). Proposed
amendments are illustrated via Ramseyer format with bolding for emphasis only.
1. The title to Bill 237 is amended to read as follows:
"AN ORDINANCE REPEALING ORDINANCE NO. 97 102 AND
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE
FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO
RESIDENTIAL AND AGRICULTURAL - [5] 15 ACRE [/D] RA-
Comm. No
Ref. To: resented lcz I
Serving the Interests of the People of Our Island Ref. Date , 2 2
Hawai `i County Is An Equal Opportunity Provider And Employer
15a) AT KAHUA 1ST, NORTH KOHALA, HAWAII, COVERED BY
TAX MAP KEY 5-9-001:008."
2. The first paragraph of SECTION 1 is amended to read as follows:
"The district classification of the following area situated at Kahua
1st, North Kohala, Hawaii, shall be Residential and Agricultural - [5] 15
acre [(RA 5a)] (RA-15a):"
3. The last paragraph of SECTION 1 is proposed to be deleted in its entirety, as reference
provided in "Exhibit A" to a (RA-5a) zoning designation is not consistent with the
proposed amendment. Should the proposed amendment to further downzone to (RA-15a)
be approved by council, a new map will be created to replace "Exhibit A" and the last
paragraph of SECTION 1 will be reinserted. The amendment reads as follows:
"[All shown on the ""'p ttaehed hereie0 ffa ked Exhibit "A"
id by ref re""e made e paFt hereof-.]"
A draft of Bill 237, Draft 2, is attached with the proposed amendments contained in this
communication incorporated. Bolding has been retained for illustrative purposes.
Thank you.
PH/kf
Att.
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 97 102 AND AMENDING
SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO RESIDENTIAL AND
AGRICULTURAL - 15 [5] ACRE (RA-15 [-5]a) AT KAHUA 1 ST, NORTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 5-9-001:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kahua 1 st, North
Kohala, Hawaii, shall be Residential and Agricultural - 15 [5} acre (RA-15 [5] a):
Beginning at a point at the North corner of this piece of land, being also the East
corner of portion of Government land of Pahinahina and on the Southwesterly side of
Kawaihae Mahukona Road, Section II, Project No. A-270-01-62, the coordinates of
which referred to Hawaii State Plane Coordinate System, Zone 1 being 453,109.73 feet
North and 375,771.74 feet East, and running by true azimuths referred to the Meridian of
Government Survey Triangulation Station "PUU PILI" and measured clockwise from
South:
1. 3220 00' 30.5" 24.31 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
2. 520 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
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3. 322° 00' 30.5" 550.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
4. 52° 00' 30.5" 10.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
5. 3220 00' 30.5" 100.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
6. 2320 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
7. 3220 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
8. 2320 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
9. 3220 00' 30.5" 500.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
10. 520 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
11. 3220 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
12. 2320 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
13. 322° 00' 30.5 151.70 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
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14. 26° 03' 889.95 feet along Lot 9, as shown on
Map 4 of Ld. Ct. Cons. 129;
Thence along highwater mark (vegetation line) as of January 7, 1993 for the next
thirteen (13) courses, the direct azimuths and distances between points on said
highwater mark being:
15. 136° 21' 40" 516.93 feet;
16. 155° 00' 250.00 feet;
17. 1280 30' 95.00 feet;
18. 180° 20' 142.80 feet;
19. 93° 00' 104.00 feet;
20. 154° 05' 253.40 feet;
21. 1570 15' 225.20 feet;
22. 57° 40' 106.30 feet;
23. 176° 35' 213.10 feet;
24. 98° 00' 172.85 feet;
25. 105° 20' 83.55 feet;
26. 890 00' 181.00 feet;
27. 150° 20' 77.35 feet;
28. 206° 50' 35" 1,075.00 feet along portion of the
Government land of
Pahinahina to the point of
beginning and containing an
area of 37.880 acres, more or
less.
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A41 shown o the fnap at4aehed hereLe maflie wdibit "A" an by ref fene
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following condition is:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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.
A. Preserve significant historic sites and burials as stated in the historic sites
preservation plan as approved by the Department of Land and Natural Resources-
State Historic Preservation Division (DLNR-SHPD) letter dated November 29,
2000, and by the approved burial treatment plan.
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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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AN ORDINANCE REPEALING ORDINANCE NO. 97 102 AND AMENDING
SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL - 15,000 SQUARE FEET (RS-15) TO RESIDENTIAL AND
AGRICULTURAL -15 ACRE (RA-15a) AT KAHUA 1 ST, NORTH KOHALA, HAWAII,
COVERED BY TAX MAP KEY 5-9-001:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kahua 1 st, North
Kohala, Hawaii, shall be Residential and Agricultural - 15 acre (RA-15a):
Beginning at a point at the North corner of this piece of land, being also the East
corner of portion of Government land of Pahinahina and on the Southwesterly side of
Kawaihae Mahukona Road, Section II, Project No. A-270-01-62, the coordinates of
which referred to Hawaii State Plane Coordinate System, Zone 1 being 453,109.73 feet
North and 375,771.74 feet East, and running by true azimuths referred to the Meridian of
Government Survey Triangulation Station "PUU PILI" and measured clockwise from
South:
1. 3220 00' 30.5" 24.31 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
2. 520 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
3. 3220 00' 30.5" 550.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
4. 520 00' 30.5" 10.00 feet along the Southwesterly side
of Kawaihae Mabukona
Road;
5. 3220 00' 30.5" 100.00 feet along the Southwesterly side
of Kawaihae Mahukona
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Road;
6. 2320 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
7. 3220 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
8. 232° 00' 30.5" 20.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
9. 3220 00' 30.5" 500.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
10. 52° 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
11. 3220 00' 30.5" 400.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
12. 2320 00' 30.5" 40.00 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
13. 3220 00' 30.5" 151.70 feet along the Southwesterly side
of Kawaihae Mahukona
Road;
14. 26° 03' 889.95 feet along Lot 9, as shown on
Map 4 of Ld. Ct. Cons. 129;
Thence along highwater mark (vegetation line) as of January 7, 1993 for the next
thirteen (13) courses, the direct azimuths and distances between points on said
highwater mark being:
15. 136° 21' 40" 516.93 feet;
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16. 155° 00' 250.00 feet;
17. 128° 30' 95.00 feet;
18. 180° 20' 142.80 feet;
19. 93° 00' 104.00 feet;
20. 154° 05' 253.40 feet;
21. 157° 15' 225.20 feet;
22. 570 40' 106.30 feet;
23. 176° 35' 213.10 feet;
24. 98° 00' 172.85 feet;
25. 105° 20' 83.55 feet;
26. 89° 00' 181.00 feet;
27. 150° 20' 77.35 feet;
28. 206° 50' 35" 1,075.00 feet along portion of the
Government land of
Pahinahina to the point of
beginning and containing an
area of 37.880 acres, more or
less.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following condition is:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) 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
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(B) Fulfillment of the need for public service demands created by the
proposed use.
A. Preserve significant historic sites and burials as stated in the historic sites
preservation plan as approved by the Department of Land and Natural Resources-
State Historic Preservation Division (DLNR-SHPD) letter dated November 29,
2000, and by the approved burial treatment plan.
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.
SECTION 4. This ordinance shall take effect upon its approval.
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