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COM 0867.000 1994-1996
a� t BRIAN J. DE LIMA Vice -Chairman COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 December 6, 1995 TO: Keiko Bonk -Abramson, Chairwoman and Members of the Hawaii County Council FROM: Brian De Lima Council member Phone: (808) 961-8261 Fax: (808) 969-3291 RECEIVES By..' - - [)Ct'e ---- -- � - ' -'---------------- County Council RE: Bill relating to the rezoning of lands in the-Kaumana area, South Hilo district, TMK: 2-5-46: Portion of 1 Please find the attached bill for your favorable consideration, to be agendized at the December 15, 1995 Council meeting. Please note that this bill will require review and recommendation from the Planning Director and the Planning Commission. T'i' 267 s' COUNTY OF HAWAII STATE OF HAWAII BILL NO. 185 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 31 CHAPTER 25 OF THE HAWAII COUNTY CODE BY CHANGING THE DISTRICT CLASSIFICATION FOR CERTAIN LANDS AT KUKUAU 2ND, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-5-46:PORTION OF 1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. In 1974 and in 1976, the zoning designations for approximately 157 acres of land in Kaumana were reclassified to allow the development of more than 993 residential units. The entire development proposed a wastewater treatment facility and an 8 -acre park site with minimum improvements on 4 acres upon construction of 300 units. None have come to fruition and only small segments of development have occurred in the parcel identified as 7.29 (ss -2). Twenty years have passed and conditions and standards have drastically changed. Concerns have been expressed relating to the cumulative traffic and drainage impacts. - Therefore, since rezoning for the majority of the parcels is technically not valid because the effective date of zoning was triggered upon a certain amount of development of each phase and its increments, this ordinance proposes to rezone the parcels to its original zoning designation and/or more appropriate zoning designation. This will allow the County to evaluate the overall I land use and development impacts for the area under current laws and conditions. This bill may also be used as a vehicle if the council should choose to maintain the present zoning by adding appropriate conditions, or modifying the conditions set forth in the 1974 and 1976 ordinances. SECTION 2. Section 25-1:14, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code is hereby amended to change the district classification of properties described hereinafter as follows: 117.29 (ss -1) . The district classification of the following area situated at Kukuau 2nd,_South Hilo, Hawaii, shall be Single Family Residential (RS -10): Beginning at the Southwest corner of this parcel of land on the northerly boundary of Land Court Application 1205, being also on the easterly side of Wilder Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 4939.82 feet South and 3334.67 feet West, thence running by azimuths measured 'clockwise from the true South: i 1. 1570- 55' 231.96 feet along the easterly side of Wilder Road; 2. Thence along samelon'a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being 1640 34' 18.311, 106.62 feet; WZ 1 3. 2470 55' _ 4. 3370 55' 5. 2470 55' 6. 1570 55' 7. 2560 00' 8. 3370 55' 9. 2470 55' 10. 3430 30° 11. 670 55' i 376.50 feet along Lots 99 and 71 and across a portion of Lukia Street, Hilo Country Club Estates -Unit I (File Plan 1257); 185.90 feet along the remainder of Royal Patent 5706, Land Commission Award 8521-3, Apana 2 to G. D. Hueu; 2032.30 feet along same; 676.97 feet along same; 482.02 feet along same; 448.29 feet along same; 583.97 feet along same; 314.35 feet along same; 3451.78 feet along the northerly boundary of Land Court Application 1205 to the point of beginning and containing an area of 22.890 Acres. 117.29(ss-3). The district classification of the following area situated at Kukuau 2nd, South Hilo, Hawaii, shall be Agricultural (A -20a): Beginning at the most southerly corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 3261.46 feet South and 1402.77 feet West, thence running by azimuths measured clockwise from true South: 1. 760 001 848.43 feet along the remainder of Royal Patent 5706, -3- Land Commission Award 8521-B, Apana 2 to G. D. Hueu; 2. 1800 00' 1565.48 feet along same; 3. 2670 27' 15"; 190.21 feet along same; 4. 2700 00' 426.40 feet along same; 5. 3600 00' 761.36 feet along same; 6. Thence along same on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being 3480 57' i 30111 191.52 feet; 7. 3370 55' 452.53 feet along the remainder of Royal Patent 5706, Land Commission Award 8521-B, Apana 2 to G. D. Hueu to the point of beginning and containing an area of 22.513 Acres. 117.29(ss-4). The district classification of the following area situated at Kukuau 2nd, South Hilo, Hawaii, shall be Agricultural (A -20a): Beginning at the Southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 3261.46 feet South and 1402.77 feet West, thence running by azimuths measured clockwise from true South: 1. 1570 55' 452.53 feet along the remainder of Royal Patent 5706, j Land Commission Award i 8521-B, Apana 2 to G. D. Hueu; I -4- 2. Thence along same on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being 1681 57' 30111 191.52 feet; 3. 1800 00, 761.36 feet along the remainder of Royal Patent 8521-B, - Apana 2 to G.- D. Hueu; 4. 2700 00' 166.53 feet along same; 5. 3370 55' 1351.18 feet along same; 6. 760 00' 482.02 feet along same to the point of beginning and containing an area of 12.043 Acres. 117.29 (ss -5) . The district classification of the following area situated at Kukuau 2nd, South Hilo, Hawaii, shall be Agricultural (A -20a): Beginning at the Southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 3340.70 feet South and 225.41 feet West, thence running by azimuths measured clockwise from true South: 1. 670 55' 583.97 feet along the remainder of Royal Patent 5706, Land commission Award 8521-B, Apana 2 to G. D. Hueu; 2. 1570 55' 448.29 feet along same; 3. 2560 00' 625.41 feet along same; 4. 3430 30' 362.07 feet along same to the - point of beginning and containing an area of 5.602 Acres. of -5- 117.29(ss-6). i I The district classification of the following area situated at Kukuau 2nd, South Hilo, Hawaii, shall be Agricultural (A -20a): Beginning at the Southwest corner of'this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 3340.70 feet South and 225.41 feet West, thence running by azimuths running clockwise from true South: 1. 1630 30' 1510.10 feet along the remainder of Royal Patent 5706, Land Commission Award 8521-B, Apana 2 to G. D. Hueu; 2. -2700 00' 170.76 feet along same; 3. 3450 12' 112.78 feet along same; 4. 3320 23' 139.95 feet along same; 5. 3590 42' 114.98 feet along same; 6. 3410 31' 51.90 feet along same; 7. 3300 01' 209.65 feet along same; 8. 3090 00' 142.16 feet along same; 9. 3140 06' 107.30 feet along same; 10. 3270 09' 111.42 feet along same; 11. 3350 16' 132.37 feet along same; 12. 3310 51' 30" 359.06 feet along same; 13. 670 55' 464.14 feet along same to the point of beginning and containing an area of 9.552 Acres. 117.29 (ss -7) . The district classification of the following area situated at Kukuau 2nd, South Hilo, Hawaii, shall be Agricultural (A -20a): Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 3340.70 feet South and 225.41 feet West, thence running by azimuths measured clockwise from true South: 1. 2470 55' 464.14 feet along the remainder of Royal Patent 5706, Land Commission Award 8521-8, Apana 2 to G. D. Hueu; 2. 3310 51' 30" 3. 3160 56' 30" 78.91 feet along same; 178.70 feet along same; 4. 570 54' 388.23 feet along the northerly boundary of Land Court Application 1205; S. 67° 55' 184.71 feet along same; 6. 1630 30' 314.35 feet along the remainder - of Royal Patent 5706, Land Commission Award 8521-B, Apana 2 to G. D. Hueu to the point of the beginning and containing an area of 3.421 Acres. 117.29(ss-8). The district classification of the following area situated at Kukuau 2nd, South Hilo, Hawaii, shall be Agricultural (A -20a): Beginning at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being -7- 2993.54 feet South and 328.23 feet West, thence running by azimuths measured clockwise from true South: 1. 760 00' 625.41 feet along the remainder of Royal Patent 5706, Land Commission Award 8521-B, Apana 2 to G. D. Hueu; 2. 1570 55' 1351.41 feet along same; 3. 2700 00' 154.08 feet along same; 4. 2690 57' 55" 634.57 feet along same; 5. 3430 30' i 1148.44 feet along same to the said point of beginning and containing an area of 19.572 acres. "All as shown on the mai p attached hereto, marked Exhibit "A" and by reference made apart-hereof." SECTION 3.- In the event that any portion of this ordinance is declared invalid,-such invalidity shall not-effect the other parts of this ordinance. i t � ' StCTION 4. approval. This ordinance shall take effect upon its Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: CCmm; 867 INTRO BY: 4 . COUNCIL MEMBER COUNTY OF HAWAII mm 4,939.82 S 3,334.67 W 'KAUMANA' TRUE NORTH o0o A 20a �VILDE�. I t . [ I •.� 11111111111110 2 :. 1111111/ MiiiilpmTn:q in mm - A - 20m R9 -7S 6-75 3,261.46 S 1,402.77 W ,' KAUMANA' 0-7S 0-11.0 328.23 W ............. A -la A 20 A -in i i I A-20■ A -I. JA AKOLEA ROAD A-4. r...... S.A..i 7VS-10 r A-Sa A -I. tF11TMK : 2-5-46: PORTION OF 1 EXHIBIT "A" F A -a. A - la DECEMBER 6, 1995 SUBSECTION 7.29 (ss -1) 5 ".20 ``�- ►, `,' SINGLE FAMILY RESIDENTIAL (RS -7.5) TO SINGLE FAMILY t `�I 3,340.70 S 225.41 w ' `� A-% RESIDENTIAL (RS -10) 6 '%` KAUMANA' ® Area: 22.a90 Acres � ,.. - I. �. 02 SUBSECTION 7.29 (ss -3) A`; `. `�`�� 'r'•„ ��r� SINGLE FAMILY RESIDENTIAL A-20." `% ` p,F� (RS -7.5) TO AGRICULTURAL % A -is A -20a) �� Ano: 22.513 Acres - ,a 3 SUBSECTION 7.29 (ss -4) -2a. 05 SUBSECTION 7.29i (ss -6) A-20& ` SINGLE FAMILY RESIDENTIAL MULTIPLE FAMILY PRESIDENTIAL �RS-7.5) TO AGRICULTURAL RM -4) TO AGRICULTURAL I �� A-200) -_ _ ----- (A-200) `�%% ` A - w Ana: 12.043 Acres Anres a: 9.552 Ae`.� �% % _ 40 SUBSECTION 7.29 (n-5) © SUBSECTION 7.29 (ss -7) 70 SUBSECTION 7.29% (ss -8) \�""20i' ` MULTIPLE FAMILY RESIDENTIAL SINGLE FAMILY RESIDENTIAL MULTIPLE FAMILY RESIDENTIAL RM -4) TO AGRICULTURAL RS -7.5) TO AGRICULTURAL RS-7.5) RM -4) TO AGRICULTURAL �A-20a) �A-20o) Area: 5.602 Acres Area: 3.421 Aeras Area: 19.572 Acres • AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-114 I - (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FOR CERTAIN LANDS AT KUKUAU 2nd, SOUTH HILO, HAWAII. i PREPARED BY PLANNING DEPARTMENT j COUNTY OF HAWAII I tF11TMK : 2-5-46: PORTION OF 1 EXHIBIT "A" F A -a. A - la DECEMBER 6, 1995 BRIAN J. DE LIMA Vice -Chairman December 6, 1995 COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Keiko Bonk -Abramson, Chairwoman Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Phone: (808) 961-8261 Fax: (808) 969-3291 'Time° !�.' � a ��_ _ E3y.._a ;�. ;Counij, Council RE: BILL RELATING TO THE REZONING OF LANDS IN THE KAUMANA AREA, SOUTH HILO DISTRICT, TMK:2-5-46:PORTION OF 1 Pursuant to Section l(d) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written approval is submitted in regards to An Ordinance Bill Amending Section 25-114 (City of Hilo Zone Map), Article 3, Chapter 25 Of The Hawaii County Code By Changing The District Classification For Certain Lands At Kukuau 2nd, South Hilo, Hawaii, Covered By Tax Map Key 2-5-46:Portion of 1, for waiving said referral from the Planning Committee in order that appropriate action can be taken by the Council. In reviewing the contents of the referral, it is deemed advisable that suc waiver be granted. t7 B ran J. De Lima, Vice Chairman Planning Committee Approved: C_ ; r Keiko Bonk -Abramson, Council Chairwoman m fit# 1 ��L..ti, EC5 '� � �'199 gib KEIKO BONK-ABRAMSON Chairman & Presiding Ojficer BRIAN J. DE LIMA Vice-Chainnan December 22, 1995 O JNvi NqW t; ;t �TE•OF _14 COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 TO: Virginia Goldstein, Director Planning Department, County of Hawaii JAMES Y. ARAKAKI IKEOLA CHILDS TAKASHI DOMINGO ELROY OSORIO JIM RATH JOHN RAY AL SMITH Re: C-867 SUBJ: Bill 185: District classification of approximately 157 acres of lands at Kukuau 2nd, South Hilo The Hawaii County Council at its meeting held December 15, 1995, passed the attached Bill 185 on first reading and referred the matter to the Planning Commission and the Planning Director for further deliberation. Please note that this is a Council -initiated bill, and the 120 -day review period by the Department and Commission shall begin upon the receipt of this letter by your office. A copy of the transcripts on the discussion of the subject shall be forthcoming as soon as it has been completed. Thank you for your attention in this matter. Keiko Bonk -Abramson Council Chairwoman Att. KBA:BB/hkmd cc: Mayor Planning Commission r DEC,1 5 1995 JaY Y O f N4W KEIKO BONK-ABRAMSON Chairman s Presiding Officer � ' �- •: ,. BRIAN J. DE LIMA qTE °`•"P Vicc•-Chairman COLL\TY COUJXCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 January 19, 1996 46-1 JAMES Y. ARAKAKI KEOLA CHILDS TAKASHI DOMINGO? EI_ROY OSORIO JIM RATH JOHN RAY AL SMITH VRe: C-867 TO: Virginia Goldstein, Director Planning Department, County of Hawaii SUBJ: Bill 185: District classification of approximately 157 acres of lands -at Kukuau 2nd, South Hilo Pursuant to my memorandum dated December 22, 1995, a copy of the transcripts of the December 15, 1995 minutes regarding the above -related matter is attached, for your review and deliberation. This also corrects my staff's misstatement about Bill 185 being adopted on first reading at the meeting. The Council only voted to refer the matter to your Department and the Planning Commission, no adoption of the bill took place. I apologize for this error. Should you have any questions or concerns, please call me or Hunsey Dutro at 961-8255. Thank you.. Keiko Bonk -Abramson Council Chairwoman Att. KBA:BB/hkmd cc: Mayor Planning Commission TP��...��-.i.o yeu•rr-..aao..u++.rr-u:...rrv.c�r: �.:��:::.: ::� .� Hawaii County Council December 15, 1995 ORDINANCE A Bill for an Ordinance numbered 185, amends Section BILL 185: 25-114 (City of Hilo Zone Map), Article 3, Chapter 25 (WAIVEDOPC) of the Hawaii County Code by changing the district C-867 classification of approximately 157 acres for certain lands at Kukuau 2nd, South Hilo, covered by TMK: 2-5-46:Portion of 1, introduced by Mr. De Lima. Mr. De Lima moved to refer Bill 185 to the Planning Commission and that after the time period with the Planning Commission, that the matter be sent to the Planning Committee. Seconded by Mr. Arakaki.' CHR, BONK-ABRAMSON: It's been moved and seconded that we refer this to the Planning Commission. Mr. Childs, would you like to speak to that motion? MR. CHILDS: Yes, Ma'am. At our last Committee meeting, I -guess, when this same matter, under a different bill was addressed, I indicated that in order to support the referrals, I would want to have verification from two agencies that there were, in fact, serious problems of a nature that warranted reopening this zoning, and if those could be satisfied, then I would have no problem with referring that question. That position still stands and I don't_ believe, personally, that I want to support reopening something unless I feel that there has been a breach of some objective requirements or there are circumstances that have changed affecting the health and safety that warrant changing and downzoning, for public protection. I know that there have been, in our last discussion on this, there was stated there have been concerns raised about traffic and drainage issues. I got the feeling, from Public Works at that time, that drainage wasn't necessarily a fact or a concern from this project. I would like to have, at least before I can vote favorably, I'd like Public Works to say that there is a level of service or some other index or traffic or circulation concern in this area that warrants reconsidering the designation. 2398 Hawaii County Council I December 15, 1995 And secondly, I'd like to have the Planning Director state that there is, in fact, material breaches of the zoning conditions and that basically whatever else the Director has to say regarding the proposal to downzone, I don't believe, to just refer it, for a matter of zoning, to open it up without those comments on the record affirming that there are legitimate problems warranting this to be reopened. I don't believe that is the proper way to do it, so I would like to either have those comments confirming that, or hold this matter and defer it to a subsequent meeting until we can get comments from Public Works and Planning on those. Thank you. CHR. BONK-ABRAMSON: Thank you, Mr. Childs. Mr. De Lima. MR. DE LIMA: Frankly, I think that the process that we're undertaking is the exact process that needs to occur. The Planning Department is reviewing the Concerns that I brought to their attention and-I've- spoken-to nd I've_spoken_to the developer and I'm going to meet with him after the new year about some of the concerns that have been raised to me. I don't want to get into the nuts -and bolts of it all, but there are some concerns about a park, egress and ingress, and about some other extensions that were pursuant to various agreements that appear in the Planning Department's files. In terms of the traffic, I have a letter from Vic Vierra dated January 31, 1994, where he spoke about how there's been 300 accidents in the last five years. And this is from January 1994 where we have a letter from -Harry Kim pointing out the dangerous situation without an alternative road, and that letter was dated January 31st. But I think the important point is that we have a process here and that process is that the matter gets referred to the Planning Commission for their review and recommendations and further public review. The Planning Department is going to investigate it and they're going to make a recommendation. As this process evolves, there'll be more discussions with the new owners of that particular property. I'm hopeful that we'll get a meeting of the minds regarding the respective needs. 2399 C • Hawaii County Council December 15, 1995 I understand that there are some concerns, but I think that's the process that we should undertake. This is in my district and I am concerned about the complaints that have been brought to me and I think I'm acting responsibly to address those concerns, and I believe the developer is committed to addressing a lot of these issues. Thank you. CHR. BONK-ABRAMSON: Thank you. Mr. Osorio. MR. OSORIO: Thank you, Madam Chairperson. First of all, I'd like to ask Councilman De Lima a couple of questions. First, your original bill, that brought this matter to our attention was Bill 178, and in there, of course, you did not point out the process by which you thought this matter should be taken care of, and that was to refer it to the Planning Commission. In that particular bill, it was a bill to amend, because there were several areas where numbers and wording was bracketed and substituted for underlined new language. First of all, I want to know why this new bill, that is like a new ordinance being created to create new zoning, in the opposite fashion? MR. DE LIMA: Well, I think it's a simple answer and this could have a broader title. To permit, as I indicated in the last paragraph in Section 1, that this bill may also be used as a vehicle if the Council should choose to maintain the present zoning by adding appropriate conditions or modify the conditions set forth in 1974 and 1976 ordinances. That's the purpose. MR. OSORIO: All right. In that original bill of yours, in Bill 178, you took the downzoning up to a certain point and you did not touch an area that must have been previously zoned RM -4. In your new bill, you go ahead one step beyond the approval of this particular zone change to the present onus of the land, and you're including an area here, which looks like 15 acres, that was already zoned RM before and probably at the same time the Ag -20 zones were in effect. Now why did you include this particular one? MR. DE LIMA: Because, as I indicated, there's been significant complaints about the amount of egress and ingress on Wilder Road, and the number of accidents that have occurred on Kaumana Drive, and I want all that to be put on the table. 2400 e Hawaii County Council December 15, 1995 MR. OSORIO: Okay, Mr. Wurdeman, I wonder if you could come up, please? (At this time, Corporation Counsel Richard Wurdeman came forward to address the members of the Council.) MR. OSORIO: Thank you very much, Mr. Wurdeman. In the committee meeting, you indicated that, and when I asked the question of whether or not this might be considered a taking, you said, "no, that the Council can do pretty much what they want to do." Now --- MR. WURDEMAN: I didn't say that. I said that the Council can rezone, downzone, upzone. The limit is if you take away all reasonable use of the land. MR. OSORIO: Okay, I can understand your position in saying that, based on that first ordinance that was brought to our attention. But what about now, in going one step further and taking out this RM -4, which looks like, again, 15 acres, and going beyond the contents of Ordinance 218. MR, WURDEMAN: to what? MR. OSORIO: MR. WURDEMAN: MR. OS0RI0: MR, WURDEMAN: MR, OSORIO; MR, DE LIMA: MR, OSORIO: Okay. The RM -4 would be reclassified To Ag -20. And it's presently open space? It's RM -41 it was always RM -4. No, I mean there's no structures on it? No, I don't know. There's no structures. Okay, no structures. MR. WURDEMAN: Well, that's the question. Does the Ag -20 designation take away all reasonable use of the land? Can the land be used reasonably for agricultural purpose? As it is open space now and it's not being used for --whatever it's being used for, apparently it's not being used for housing, I would submit the answer is yes. 2401 0 Hawaii County Council • December 15, 1995 MR. OSORIO: So there's no diff.erence, as far as you can see, that this would not be a taking for this one particular lot? MR. WURDEMAN: No. It's a matter up to the discretion of this Council. MR. OSORIO: Thank you very much. Ms. Goldstein, please. (At this time, Planning Director Virginia Goldstein came forward to address the members of the Council.) MR. OSORIO: How many subdivisions would you say we have today in Hilo, and maybe a couple more in Mr. De Lima's district, that have condition zonings that have not lived up to their zoning? MS. GOLDSTEIN: You know, that question comes to me out of the blue and I really would not even want to hazard to guess. MR. OSORIO: But there are some? MS. GOLDSTEIN: Yes, I think there are. MR. OSORIO: Choke? MS. GOLDSTEIN: I don't know that, I don't know. I honestly don't know. MR. OSORIO: But there are some of them? MS. GOLDSTEIN: Yes. MR. OSORIO: All right, thank you. Madam Chairperson, I just can't support this change. It doesn't make sense to me that this has to go through an unnecessary process. To me, we're sending out a negative signal to the business community, to the developments that you go ahead and take a chance to get your zonings and in a few years, a new Council will come back and decide that's not the way we agreed and that we should look into your particular subdivision versus the rest. 2402 c Hawaii County Council December 15, 1995 If we were addressing all of those that fall in similar categories, you know, I'd have no complaint about that. We treat everyone fairly, but this one here, to me, is just like it's being targeted just for one location and one developer, and I don't think it's fair, so I will not support this motion. CHR. BONK-ABRAMSON: Is that all? Thank you. Mr. Domingo. MR. DOMINGO: Thank you. I just was going to ask Virginia if she was aware of the similar cases that exist in this particular area and I think you answered Mr. Osorio in that regard. I consider this very unusual and I don't know if you worked for the Planning Department 20 years ago. I was a Planning Commissioner at that time when we took this up and I remember the concerns that were expressed at those meetings regarding traffic and flooding and drainage and they were essentially concerned about the density also. At this time, I can't recall whether I voted yes or no, but there was that concern about it and I expressed some concern about the park and other relative issues. Looking at this ordinance bill, I see addressing change now with what was done in the past, 20 years ago. Any rezoning issue that would have been zoned, perhaps 10, maybe 5 years ago, would have been something that the Council would have considered immediately after the established time limits. We find that today's zoning ordinance provides for appropriate performance conditions, that having not been met, would have probably first triggered a consideration by the Council, in view of the time lapse, and if that.has not been met, then certainly the Planning Department would initiate steps on their own, not through Council's initiative, on their own, to see that the land is rezoned to its original . designation. 2403 41 Hawaii County Council December 15, 1995 Now 20 years is a long time ago and I can appreciate the situations that developers find themselves in and I can only conclude that this taking place now would further prompt discussions with the Planning Department and the residents in the area and the Councilmen within that area, to see how this can be mitigated. I hope that it can be mitigated to the extent that the zoning can be sustained and that they can go ahead with the development. But to take this initial step is one that I feel is warranted. Again, I mentioned the action taken on Mauna Kea Beach Hotel, the Hapuna properties, when nothing was done within 10 years. The public decided to take this through the referendum process and initiated a.downzoning. Now if Mr. De Lima had not done this, perhaps in a short while from now, maybe the residents in that particular area would have pursued a similar_ kind of action and this being done, like I said, I hope would tendto cause some discussions and negotiations so that \they can mitigate the concerns and as I said, the developer go ahead with this development. Thank you. CHR. BONK-ABRAMSON: Thank you, Mr. Domingo. Mr. De Lima. MR. DE LIMA: Well, I'd like to ask Ms. Goldstein a few questions because I think that it's important to note that if this land.was all subdivided, because the question was posed by Mr. Osorio was how many subdivisions have conditions that have not been fulfilled, and quite frankly, I couldn't think of any subdivision in my district where those issues have' been raised. But more importantly, this is not subdivided yet and that's the reason why there would be no taking and that's the reason why rights have invested, isn't that correct? MS. GOLDSTEIN: Good portions of it have not been subdivided and actually, we are researching the whole matter, and it's not as simple as things might appear. It may even be that in some areas, the zone is simply not affected yet. MR. DE LIMA: Exactly. 2404 J Hawaii County Council i MS. GOLDSTEIN: And that's why because it takes a very careful original zoning in 1976, that's and we need to go back and see increments have been satisfied zoning is effective. December 15, 1995 we are taking so long reading of the zoned by increments, whether those so that the subsequent MR. DE LIMA: And that's a very good point because those are the kind of discussions I had with the developer about whether or not we need to clean up some of the language in the conditions and whether it would be in his interest, and that's the reason, my understanding from the developer, is that he wanted to meet in January to see whether or not we could review the conditions and he understood that I was referring this matter. When we had a vote in the Planning Committee where it was unanimously carried, it was pointed out that this would be referred to the Planning Commission as part of our ordinance process for a review. But I think the most important point about this whole thing is that in your Planning Department files, there are other written agreements that were submitted by the developer at the time they were going through the rezoni'ngs about various commitments regarding temporary parks, extension of Akolea Road, and those matters are in question as well, isn't that correct? MS. GOLDSTEIN: Yes, but still, I'd have to take those things and review it, yes. MR. DE LIMA: I just wanted to point out that there are some of these commitments and agreements that were also part and parcel of the applicant's representation, but back in 1976, I'm sure things were a lot different in terms of the process and procedure. Now, the last thing I wanted my colleagues to know is that I didn't take this investigation up lightly. We've had numerous complaints about the safety of Kaumana Drive and the absence of a Puainako extension. More importantly, the people up in that area are very concerned about 900 more homes utilizing Wilder Road and coming down Kaumana Drive. 2405 Hawaii County Council December 15, 1995 They've been crying out for something to be done. Now quite frankly, this developer, in meeting with me since the initiation of this process in the Planning Committee, has indicated a willingness to try to address some of these concerns and actually come up with a suggestion of the egress and ingress. But there's a process and the process is to refer this matter to the Planning Commission and I think we should continue this process because let's face it, we have two year terms and the months and months go by and let me tell you, your constituents, as well as my constituents must demand action, and when you have over 100 accidents occurring on that Kaumana Drive and your fellow residents and my constituents are getting injured and some people losing their lives, well, I am not going to wait and defer a matter here because someone thinks it might be unfair. I think the fairness demands that we have attention and we take responsibility for public safety issues that affect our constituents and our residents. While people in the upper Kaumana area have no park, and we've been working to try to have a park, and there was a commitment for a temporary park in this area --this developer has met with me and is willing to sit down after January to try to address those issues. I'm willing to sit down with him, but I think the process demands that this matter be referred. There's also a question about a wastewater treatment facility that has not been built as yet. The commitment in. terms of 900 houses in the future needs to be addressed and I feel this developer has made a commitment to meet and address these concerns responsibly. I'm willing to meet with him to see if we can address these concerns within the next 120 days, as this matter is deferred. But that's my district. I'm concerned about my constituents. I think I have a pretty solid record of being in support of development and I think all of you, with development in your respective districts, if there was some concern from your residents and your constituents, I think you too would act in the responsible way of putting the bill forth, getting it agendized, and having it referred so that�the investigation by the Department of Planning. 2406 Hawaii County Council December 15, 1995 And other respective individuals can make their input, and that's who I'm responsive to, my constituents and the people who live in my district. Thank you, Madam Chair. CHR. BONK-ABRAMSON: Thank you, Mr. De Lima. Mr. Childs. MR. CHILDS: Madam Chair, I think it's commendable that a Councilmember has taken up the initiative to pick up this concern and as indicated earlier, I have no quarrel with that. I do have a problem with summarily --this was brought up at the last moment, the last time, withdrawn with minimal discussion, no support from the departments and now we've waived it up here to rush this thing out before we have gotten a cogent set of comments from the primary agencies involved in determining what wrongs or breaches or dangers actually occur, and that's what strikes me as a concern, not at all what is being brought up. I think that's commendable and I praise the introducer for doing that. We all should be cognizant of this. But something is not quite right about rushing this out and opening it up before we can even have a reasonable response period from those agencies. Why isn't Public Works able to say that they agree there is from a service, safety standpoint, whatever, that there's something wrong up there that has to be accounted for. They say this all the time on the zonings. They say it all the time on special permit applications. Why are they not coming forth here to make any comments? That's what concerns me. This matter has been out from initial publication, the earlier version, for some weeks. Why can't they provide support, at least yet? Why are we not willing to wait 30 days for them to assemble the facts? The same thing with the Planning Department? That's my only concern and my regret, that we've not had a chance for that kind of input to decide whether this matter should be formally opened up and run through that circuit. 2407 6 w • Hawaii County Council December 15, 1995 If they come forth, either both agencies and express that yes, here are, in fact, the problems, and we concur that this site is a problem site and the zoning should be adjusted, then I'd have no problem with that referral. But without even that benefit, that's why I'm not ready to vote for it today, so my impression is the votes may be there to refer it, so be it. I'm not overly concerned. It's just my standard. I'd like to give the agencies some time to respond to make sure that we're moving in the right direction before they're asked to get into it, to great depth and detail, which is part of that referral process, and also to bring the Commission into it. Thank you. CHR. BONK-ABRAMSON: Thank you, Mr. Childs. Mr. Osorio. MR. OSORIO: Thank you, Madam Chairperson. Mr. De Lima, you're absolutely right. You have a concern for your district and I respect that. I would do the same too and you're absolutely right. I think the method by which this came about, more than anything else, you mention again and use this unanimous vote every time and every time there's an occasion, but you've got to remember what you decide in Committee may not necessarily be the same vote when it comes to the Council. You're unanimous was only for those members that were on that particular committee at that time. This is not nine people agreeing to referring this to the Planning Commission and the Planning Director. And one other point, I can see how things like this can irritate us and we say things that maybe we mean them but we don't really take a hard look at the facts and the figures, but we can't blame these 900 homes which haven't been. built yet on the traffic problems in Kaumana® and the 300 hundred or so accidents in the last, I.don't know what, period of time. We're looking forward to, I think, one of our biggest projects, it's always been the extension of the Puainako Roadway. I guarantee you, before those homes are built to full capacity or even half or even one-fourth of this capacity, we will have Puainako Extension, which is going to go through this subdivision here, which will alleviate quite a bit of traffic in that area. 2408 1 0 Hawaii County Council 2 December 15, 1995 But -for you to stand up for your district, I congratulate you, Mr. De Lima. CHR. BONK-ABRAMSON: Thank you, Mr. Osorio. Mr. De Lima. MR. DE LIMA: Well, I want to point out that this is the process and the process is that that the bill gets referred to the Planning Commission for 120 days. We take no action during that four month period and when the matter, the 120 days have lapsed, it's going to come back to here, but I wanted to make it real clear that in terms of Public Works' comments, basically, they've been very consistently concerned about Kaumana Drive, and I cited to you the accident reports. Quite frankly, the 900 homes that have yet to be built, are part of the concerns and problems. When you go back and you read the minutes of the Planning Commission meetings and you read the comments of the residents, all those comments refer to that problem, and I'm sure it was on the minds of those back in 1976 thinking that the project.that they've worked on for 10 years, -the Puainako Extension, would have been forthcoming. Well, 30 years later, from the time they first started the Puainako Extension in 1966, we still don't have the Puainako Extension but for the fact that this County has taken an initiative in starting the EIS and the Planning work, we would not even have the State moving the project that much more along. I appreciate the comments and I'm sure the 120 days and the developer's ability to meet with the Planning Department and others concerned, will hopefully resolve this matter in a positive way. In the mean time, at least we can start addressing some of the concerns that the residents are aching to have addressed, and I appreciate the support of my colleagues, thank you. CHR. BONK-ABRAMSON: Thank you, Mr. De Lima. Mr. Arakaki. 2409 0 Hawaii County Council 2 December 15, 1995 But -for you to stand up for your district, I congratulate you, Mr. De Lima. CHR. BONK-ABRAMSON: Thank you, Mr. Osorio. Mr. De Lima. MR. DE LIMA: Well, I want to point out that this is the process and the process is that that the bill gets referred to the Planning Commission for 120 days. We take no action during that four month period and when the matter, the 120 days have lapsed, it's going to come back to here, but I wanted to make it real clear that in terms of Public Works' comments, basically, they've been very consistently concerned about Kaumana Drive, and I cited to you the accident reports. Quite frankly, the 900 homes that have yet to be built, are part of the concerns and problems. When you go back and you read the minutes of the Planning Commission meetings and you read the comments of the residents, all those comments refer to that problem, and I'm sure it was on the minds of those back in 1976 thinking that the project.that they've worked on for 10 years, -the Puainako Extension, would have been forthcoming. Well, 30 years later, from the time they first started the Puainako Extension in 1966, we still don't have the Puainako Extension but for the fact that this County has taken an initiative in starting the EIS and the Planning work, we would not even have the State moving the project that much more along. I appreciate the comments and I'm sure the 120 days and the developer's ability to meet with the Planning Department and others concerned, will hopefully resolve this matter in a positive way. In the mean time, at least we can start addressing some of the concerns that the residents are aching to have addressed, and I appreciate the support of my colleagues, thank you. CHR. BONK-ABRAMSON: Thank you, Mr. De Lima. Mr. Arakaki. 2409 Hawaii County Council December 15, 1995 MR. ARAKAKI: Thank you, Madam Chair. I feel for the developer who came in last because he wasn't the original developer when this thing was zoned and I can understand the agony he's going through. I've spoken to the developer's consultant and I think they're very positive about this that they can work out solutions, and during this period of 120 days, there'll be a lot of discussions and the developer has, as I understand, a lot of ideas that he would like to put forth, I'm sure, in discussing it with Mr. De Lima, and I'm sure we'll have a positive solution to this problem rather than a negative one. I think bringing it to a head is maybe the right stat thing to do, because of the concern Mr. De Lima has But I've talked to the consultant of the developer and they do have some plans that they'd like to put forth and perhaps this would just move it faster along and and maybe address some real concerns, such sewage traffic, that's playing in this area, if this project is developed. I'm sure that the phasing out and the concepts would be firmed up soon and I think it'll come up to a really positive solution rather than a negative solution. That's from my understanding talking to the developer's consultant. Thank you. CHR. BONK-ABRAMSON: Thank you, Mr. Arakaki. Mr. Domingo is next. MR. DOMINGO: You know, I've read a letter from the Chamber and there seems to be a misunderstanding, I think, misinterpretation of what the intent of the bill really is. As Virginia mentioned, they're zoned in increments and I think this particular zoning had four increments and there will be, I think, consisting of the first three increments, would be, in 20 acre parcels, and the rest, the fourth increment, would be the remaining acreage. Each subsequent increment will be zoned upon the performance of the previous increment. So actually, zoning has not been effectuated yet, there's no zoning in place. 2410 Hawaii County Council December 15, 1995 MR. DE LIMA: But they've been doing it kind of around, you see, so, that's the reason I'm trying to explain to the developer that this might be of assistance to them if we can clean up some of the problems. MR. DOMINGO: That's all, just for clarification. MR. DE LIMA: I appreciate that, Mr. Domingo, that was a good point. CHR. BONK-ABRAMSON: Thank you, Mr. Domingo. Mr. De Lima. MR. DE LIMA: I appreciate the point that Mr. Domingo makes and I think that's the concern that the Planning Director is researching and investigating, because quite frankly, we may be --Bill 185, in a -way, it can be used as a vehicle. But to clean up some of the language and conditions. That's why_ when I had the meeting with the developer, I thought there was a very clear and positive understanding that there were a lot of issues and concerns that needed to be addressed and there might be a way so that there would be a positive outcome for addressing all these concerns and issues, and I appreciate my colleagues attention to that. Thank you. CHR. BONK-ABRAMSON: Thank you, Mr. De Lima. Mr. Domingo. MR, DOMINGO: I think that's something that we should be mindful of. As Mr. De Lima has indicated, there are some degrees of development taking place. Now if this is done unknowingly by the developer, then it does seem that they're circumventing the intent of the ordinance, and that they're not meeting the conditions of the development, as far as addressing the park or other drainage and flooding issues. Like you indicated, your department is looking into this and I think it's appropriate now that we further pursue this. CHR. BONK-ABRAMSON: Thank you, Mr. Domingo. Mr. Childs. 2411 r - Hawaii County Council December 15, 1995 MR. CHILDS: The last communication I had with the parent developer, Mr. Young, was after the last meeting, he called me. When he last spoke to me, he was extremely uncomfortable with the proposal. Now he may or may not have made or come to other understandings since then. I haven't heard that. I got the impression from his consultant that he still is not comfortable with this initiative. That _Is part of my concern. The other part is that I mentioned I think the agencies that have responsibility here should have at least 30 days to come on the record whether this is appropriate or what are the facts involved in them and refer it as we see fit. And that's my concern here, that that kind of preliminary process hasn't run. I think the question of technicalities and drains and so forth, the Planning Department, if they've done anything, hop scotch it, hodge podge, it's because they've been permitted to do it by the Planning Department, and that's part of my concern. Are there violations? What is actually wrong? If there have been oversights or mistakes by the Administration over the years with various Administrations, let's recognize that and deal with it, but let's put it all into perspective here. To refer this out, without even having time to get that come back to us, I just don't believe we've done our first step right and I. again, don't fault the introducer of this for bringing this up. I just feel that course should run for longer than the one session that it has, and that's really the only reason why I'll be voting not to refer this. I would suppose that probably when the Department's came forth, they probably could provide good reason for doing it, and I would support it at that time. But just for the record, that's why I'll be holding off on it now. CHR. BONK-ABRAMSON: Thank you, Mr. Childs. Mr. De Lima, did you have further comment? MR. DE LIMA: I'm ready to vote. CHR. BONK-ABRAMSON: All in favor of the referral --- 2412 f Hawaii County Council December 15, 1995 MR. OSORIO: Madam Chairperson, would you have that motion read, reread, please? CHR. BONK-ABRAMSON: Madam Clerk, can you read it? MS. BELL: The motion is to refer it to the Planning Commission and then when it comes back to the Council, to have it go to the Planning Committee before Council. MR. OSORIO: Madam Chair, may I amend that to go along with the letter submitted by Mr. De Lima, that it be referred to both the Director and the Planning Commission, to be reviewed and back for a recommendation? MR. DE LIMA: I have no objection. I would incorporate the same. CHR. BONK-ABRAMSON: It's incorporated into the motion. All those in favor of the motion--- MR-. DE LIMA: A roll call. CHR. BONK-ABRAMSON: Roll call has been requested. Madam Clerk. The roll call vote to refer Bill 185 to the Planning Commission and Planning Department was as follows: AYES: Councilmembers Arakaki, De Lima, Domingo, Ray, Smith and Chairwoman Bonk -Abramson - 6. NOES: Councilmembers Childs and Osorio - 2. ABSENT & EXCUSED: Councilmember Rath - 1. (Note: See additional submitted written testimony, Communication No.- 867.01) rHR. BONK-ABRAMSON: The motion passes and this bill is --- MR. RAY: Madam Chair, can I request a brief recess? Just a minute. 2413 OFFICE INFORMATION ONLY Meeting: Action: 2/23/96 RE: Attached communication This communication was received after the fact, therefore it was not distributed. -Re: C — 910 Stephen K. Yamashiro Magor A�6 FEB 23 FM 2 06 (90UUfV of "Hufunit Ct-ERK PLANNING DEPARTMENT C Q U N i Y v� 25 Aupuni Street, Room 109 - Hilo, Hawaii 967204252 (808) 961-8288 - Fax (808) 961.9615 January 29, 1996 Honorable Keiko Bonk -Abramson, Chairwoman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Bonk -Abramson and Members: Council Initiated Bill No. 185 Virginia Goldstein Director Norman Olesen Deputy Director This is to inform you that the above matter has been scheduled for a continued public hearing by the Planning Commission. Said hearing, among others, will be held beginning at 3:30 p.m. on Friday, February 23, 1996, in the State Building, Conference Rooms A, B, and C, First Floor, 75 Aupuni Street, South Hilo, Hawaii. A copy of the public notice is attached for your information. Should you have any questions, please feel free to contact us at 961-8288. Sincerely, irginia Goldstein Planning Director Att. • A022396.AGK NOTICE OF SITE INSPECTION, PUBLIC MEET XG AND PUBLIC HEARINGS PLANNING COMMUSSION AGENDA COUNTY OF HAWAII NOTICE IS HEREBY GIVEN of matters to be considered by the Planning Commission of the County of Hawaii in accordance with the provisions of Chapter 92, Hawaii Revised Statutes, Section 5-4.3 of the Charter of the County of Hawaii, and the Planning Commission's Rules of Practice and Procedures. DATE: Friday, February 23, 1996 TIME: 9:00 a.m. PLACE: Assemble at the project site, 48-5460B Government Road, for SITE INSPECTION of SARAH A. MCCOWATT TRUST'S application for a Special Permit to allow the establishment of a three (3) unit guest cottage accommodations (vacation rental) facility on approximately 4.274 acres of land situated within the State Land Use Agricultural District. The property is located on the makai side of the Government Main Road at the Waipio (west) end of the village of Kukuihaele at Kukuihaele, Hamakua, Hawaii, TMK: 4-8-07: 12 and 27. MOD PLACE: HOTEL HONOKAA CLUB 45-3626 Mamane Street -Honokaa, Hawaii ADMINISTRATIVE MATTERS BY COMMISSIONERS AND STAFF Status of appeals filed on Planning Commission decisions - Corporation Counsel Status of Project Assignments - Planning Commission Miscellaneous - 1. SARAH A. MCCOWATT TRUST - Continuation of public hearing on the application for a Special Permit to allow the establishment of a three (3) unit guest cottage 4 Volcano Belt Highway along and between East Kipimana Street and Shipman Road at Keaau, Puna, Hawaii, TMK: 1-6-141:12. Hearing Status: Open 6. DR. DOUGLAS T. SHIRO, DR. ALVIN T. YOSHIDA & DR. CHARLES SUGIYAMA - Application for an amendment to Condition Nos. 6 and 7 (Future Road Widening and Dedication Requirements) of Use Permit No. 124, which allows the establishment of the medical/dental facilities and related uses. The property is located at the northeast corner of the Lanikaula Street and Kilauea Avenue intersection at Waiakea, South Hilo, TMK: 2-2-28:31. Hearing Status: Open 7. JON GOMES & ASSOCIATES, INC. - Application for a Change of Zone for approximately 145,395 square feet of land by changing the district classification from Single -Family Residential (RS -10) to Neighborhood Commercial (CN -10). The project site is located along the north side of Puainako Street and at the northeast comer of the Puainako Street and Kilauea Avenue intersection at Waiakea Homestead House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-39:31, 57, 66, 67, 68 and 69. Hearing Status: Open 8. JAMES AND KAREN METCALF - Application for a Change of Zone for approximately 1. 105 acres of land by changing the district classification from Single -Family Residential (RS -15) to Village Commercial (CV -7.5). The property is located at the southeast comer of the Mamalahoa Highway and Naalehu Spur Road intersection in Naalehu Village at Kawala, Kau, Hawaii, TMK: 9-5-21:24. Hearing Status: Open 9. GREENHOUSE SPECIALISTS, INC. - Application for a Special Permit to allow the establishment of a greenhouse and nursery supply outlet on approximately 2.567 acres of land situated within the State Land Use Agricultural District. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street in the vicinity of the former Puna Sugar Company Mill site at Keaau, Puna, Hawaii, TMK: 1-6-03:20. Hearing Status: Open -3- Kukuau 2nd, South Hilo, Hawaii, TMK: 2-5-46:Portion of 1 and 2-5-49:52, 53, 54 and 55. Hearing Status: Open The purpose of the public hearings are to afford all interested persons a reasonable opportunity to be heard on the above requests. According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony which is irrelevant or unduly repetitious may be limited by the Chairperson pursuant -to Rule 1. Maps showing the general location and boundaries or the areas under consideration and/or plans of the proposed developments are on file and open to inspection during office hours in the office of the Planning Department in the County Building at 25 Aupuni Street, Hilo, Hawaii, and in the Planning Department's West,Hawaii Office at 75-5706 Kuakini Highway, Suite 108, in Kailua-Kona, Hawaii. If you require an accommodation or auxiliary and/or services to participate in this meeting (i.e., sign language interpreter, large print), please call 961-8288. PLANNING COMMISSION Kevin M. Balog, Chairman Eddie M. Alonzo, 1st Vice Chairman Leonard Tanaka, 2nd Vice Chairman (Hawaii Tribune -Herald: Sunday, February 11, 1996) (West Hawaii Today: Sunday, February 11, 1996) -5- `A - KEIKO BONK-ABRAMSON _a irvolnan & Presiding Officer BRIAN J. ISE LIMA Vice -Chairman June 25, 1996 Q63 oJ�SY OF __��:•; dr ,rf•OF•HP� COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Chairman Kevin Balog and Commissioners Planning Commission, County of Hawaii JAMES Y. ARAKAKI KEOLA CHILDS TAKASHI DOMINGO ELROY OSORIO JIM RATH JOHN RAY AL SMITH Re: C-867. SUBJ: Bill 185, Draft 2: Amends Section 25-1.14 (City of Hilo Zone Map), Article 3, Chapter 25 of the Hawaii County Code by changing the district classification for approximately 157 acres of certain lands at Kukuau 2nd, South Hilo, covered by TMK: 2-5-46:Portion of 1, (1974 and 1976 Kaumana rezonings - lapsed effective dates) The Hawaii County Council .at its meeting held Wednesday, June 19, 1996, passed the above-mentioned bill on first reading. Per Planning Committee Report 122; this item is being held, prior to second reading, until the Planning Commission has had a chance to review it at a scheduled public hearing in August of 1996. I am also enclosing a copy of the bill for your information and review. Keiko Bonk -Abramson Council Chairwoman -- Enc. KBA:BB/hkmd cc: Mayor Planning Director