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Home My WebLink AboutBIL 237 Draft 02 2006-2008OFFICE OF THE COUNTY CLERK County of Hawaii Kona , Hawaii (DRAFT 21 Introduced By: Pete Hoffmann Dale Introduced: First Reading: Published: REMARKS: 11/7/08 - Mayor's veto upheld, due to lack of 2/3 vote 10/13/08 - Mayor's veto Second Reading To Mayor: Returned: Effective: _ Published: REMARKS. ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 5 3 0 1 ROLL CALL VOTE AYES NOES ABS EX Ford Higa Hoffmann Ikeda Jacobson Naeole Pilago Yagong Yoshimoto / DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Approved/Disapproved ~f zo day Bill No.: Reference: Ord No.: 237, Draft 2 C-998. 11/PC-82 MAYOR, COUNTY OFHAWAI'I OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii _ .__ 3`t s.. L. j', Introduced By: Date Introduced: First Reading: Published: n~~ ti A LVOTE AYES )E. B ~~ EX Ford X ~~ ;,~ g Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 2 1 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 5 3 1 0 Pete Hoffmann April 22, 2006 September 10, 2008 N/A REM.4RtiS; April 22, 2008 - Amended to Draft 2 and Referred to Planning Commission Second Reading: September 24, 2008 l'oMayor: October 2, 2008 Returned: Effective: Publislti'd, RF.MAR1CC: I Dn HERG'BY" CERTIFY thut the foregoing BILL was adopted by the indicated cchore. ~~I, APPROVED AS TO FORM AND LEGALITY: _ .J DEPU 1' RPORA710N COUI EL COUNTY F HAWAII Date OCT - 3 2009 Bill No.: ~"" Reference: ApprovecU( i.capry'or~ this .13 day c,j' ~ ckabL/ , 20 0$ Ord No.: ~~ AYOR, )LINTY OF HAWAI `I puhlished as 237 (Draft 2) C-998.11/PC-82 COUNTY OF HAWAII ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO.97 102 AND AMENDING (nRnrZ' z ) 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 1ST, 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 1st, 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: 322° 00' 30.5" 24.31 feet along the Southwesterly side of Kawaihae Mahukona Road; 2. 52° 00' 30.5" 20.00 feet along the Southwesterly side of Kawaihae Mahukona Road; STATE OF HAWAII BILL NO. 237 -1- 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. 322° 00' 30.5" 100.00 feet along the Southwesterly side of Kawaihae Mahukona Road; 6. 232° 00' 30.5" 20.00 feet along the Southwesterly side of Kawaihae Mahukona Road; 7. 322° 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. 322° 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. 322° 00' 30.5" 400.00 feet along the Southwesterly side of Kawaihae Mahukona Road; 12. 232° 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; -2- 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 highw ater mark being: 15. 136° 21' 40" 516.93 feet; 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° OS' 253.40 feet; 21. 157° 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. 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 -3- Editionj, 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 effecC upon its approval. Hilo. Hawaii Date of Introduction: Date of 1st Reading: Datc of"End Reading: Effective Date: Apri Sept Septembez hEFE6ENE6 Ctilrt7F °gR "--` . 24, 2008 -4- A-5a 0 s Q\~~Q n 9~~9._ Phi A-5a A-3a A-3a ~ ~ , -- A-3a v_ ~ A-3a A-Sa ~ A-3a OKU P~ A-5a A-5a J a 453,109.73 N _._--~ 375,771.74 E "HAWAII STATE PLANE COORDINATE SYSTEM, ZONE 1 " A-sa SINGLE FAMILY RESIDENTIAL 15,000-SQUARE FEET (RS-15) TO RESIDENTIAL AND AGRICULTURAL 5-ACRE (RA-5a) ~~ 37.880 ACRES ~1 i'~i~ ~.. " ~ w a ~ A-5a A-Sa I A-Sa I AMENDMENT TO THE ZONING CODE AN ORDINANCE REPEALING ORDINANCE 97-102 AND AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), WHICH RECLASSIFIED 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 PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII fMK 5-9-001'008 Date May 23, 2007 EXHIBIT "A" (Planning Director Initiated 1233)