HomeMy WebLinkAboutCOM 0998.022 2006-2008Harry Kim
Mayor
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891 Ululani Street Hilo, Hawaii 96720 • (808) 961-8211 • Pax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
October 13, 2008
The Honorable Pete Hoffmann, Chairperson, and Members
Hawaii County Council
333 Kilauea Avenue
Hilo, Hawaii 96720
Re: Veto Message - Bi11237 Draft 2
Deaz Chairperson Hoffmann and Council Members:
Dixie Kaetsu
Managing Director
Barbara Koslow
Deputy Managing Director
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Pursuant to Section 3-12 of the Hawaii County charter, I am disapproving Bi11237 Draft 2
and returning it to you.
This is done with some reluctance because my administration shares with the Council the goal
of preserving view planes and open space along the shoreline of North Kohala. It is
understood that this common goal is what led the council to enact the RA-15a zoning in
Bill 237.
If the County government operated in a land use system where we did not take into account
the legitimate interests of private owners of property, we would be free to make very
restrictive controls on this and other lands. We must, however, understand that the property is
privately owned and we have to look for a balance between the desires of the public and the
interests of the property owner.
The property was originally zoned A-Sa. This would have allowed a subdivision of up to 7
lots on this 37.88 acre property. In 1997, it was rezoned to RS-15, but with an overall limit of
50 homes. In 2007, the zoning lapsed because the owner had not secured final subdivision
approval during the allowed time. The Planning Director then initiated a rezoning to RA-Sa,
basically the same zoning as prior to 1997. The landowner asked for a time extension on the
RS-15 zoning. The Council effectively denied this when it denied Bi11307. The Council then
amended the Planning Director's bill to provide for RA-15a zoning, rather than RA-Sa.
The RA-Sa zoning proposed by the Planning Director is the pre-1997 zoning for the property,
and is consistent with the zoning designations of the property makai of the Akoni Pule
Highway immediately to the southeast, and to the northwest almost as faz as Mahukona. The
property adjacent to the southeast received an SMA permit in 2006 to be developed into five-
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Hawaii County is an equal opportunity provider and employer.
October 13, 2008
The Honorable Pete Hoffmann, Chairperson, and Council Members
Page 2
acre lots. The owner of this property can legitimately ask why it is being singled out for a
more restrictive zoning.
With the RA-Sa zoning, the property owner would still have to obtain an SMA major permit
from the Planning Commission to develop a seven lot subdivision. Other controls necessary
to protect the environment and view planes can be included in an SMA major permit.
I urge the Council to rethink its position on this bill, and thank you for your consideration. If
this veto is upheld, the Planning Director will re-introduce the RA-Sa zoning in a new bill.
AI h
any Kim
MAYOR
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cc: Chris Yuen, Planning Director