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HomeMy WebLinkAboutCOM 0681.000 2004-2006 Harry Kim `,P'}~' ~ i,)~ Dixie Kaetsu Mayor Mnnngmg Uirector " . Barbara Kossow y~R~oi~M'~' Deputy ;Llnnagmg Uirector County of Hawaii 25 Aupuni Sheet, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 January 24, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii " 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ OS-016) Applicant: Janice Oshiro Request: RS-10 to CG-10 Tax Map Key: 2-2-28:30, 32, 33 State Land Use Boundary Amendment Application (SLU OS-006) Request: Agricultural to Urban Change of Zone Application (REZ 05-020) Request: A-1 a to MCX-1 a Applicant: Timothy Lynn Gardner "tax Map Key: 1-5-7:53 '~epeal of Change of Zone Ordinance No. 487 Initiator: Planning Director Tax Map Key 2-3-3618 2-3-37'6 8-20 (formerly 2-3-36:18 & 2-3-37:6) As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regazding the above-referenced requests. Sincerely, Harr~~~ Mayor U Enclosures cc: Planning Department Comm. No. ~ V / atA.l ~d\ Ref. To: e T Hmuai'i Comuy is an Lqual Opportunity Provider and Empln}ro~ a R<rf. Uafe q• u~ H '~C ~Mr• County of Hawaii PLANNING COMMISSION - " Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 96]-8742 January 24, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii ZS Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Repeal of Change of Zone Ordinance No. 487 Initiator: Planning Director Tax Ma~Key~ Z-3-36.18. 2-3-37.6 8-20 (formerly 2-3-36:18 & 2-3-37:6) The Planning Commission at its duly held public hearing on January 6, 2006, reviewed the Planning Director's request to repeal Change of Zone Ordinance No. 487, which incrementally rezoned a 50.988-acre area from an Agricultural 1-acre (A-la) to a Single Family Residential-7,500 square foot {RS-7.5) district in August 1972. The properties involved are located along the south side of Ponahawai Street, Ponahawai, South Hilo, Hawaii. The Commission voted to send a favorable recommendation to the County Council to repeal Ordinance No. 487, and concurs with the Planning Director's reasons for the favorable recommendation as follows: The 2001 subdivision was granted tentative approval in August 2000 based upon advice from corporation counsel that because the conditions of the RS-7.5 rezoning had not been satisfied, the property should be treated as if it were zoned A-1 a. The subdivision did not meet standards for an RS-7.5 subdivision. The 2003 letter to landowners was sent to make it clear that they could not develop the lots resulting from the subdivision based on the RS-7.5 zoning because the subdivision had been granted on the basis that the A-1 a zoning was in effect. It is very difficult to apply the conditions of Ordinance No. 487 to the various subdivided properties, especially the incremental zoning conditions. Hawaii County is an Equa! Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 Recently, one of the lot owners (TMK 2-3-36:18) applied for a change of zone from A-la to Neighborhood Commercial 20,000 square feet (CN-20). This highlighted the need to review the zoning status of the properties to repeal Ordinance No. 487 and clarify that the RS-7.5 zoning was not in effect. After repeal of Ordinance No. 487, the parcels will revert to their previous A-la zoning. It is not the long-term intent that these properties remain A-la. The properties are in the urban core of Hilo and are designated Medium Density in the General Plan. If the landowners apply for rezoning, site-specific issues can be dealt with in the rezoning process. Some of the lots maybe difficult to develop beyond the A-la zoning due to the way the earlier subdivision was configured, and some lots are affected by the Alenaio floodplain. We have enclosed a draft bill repealing Ordinance No. 487, and the Planning Director's Background and Recommendation reports. Sincerely, ~imo Alameda, Chairman Planning Commission Lrepealoford487 Enclosures cc: Department of Water Supply Department of Public Works Real Property Tax Office Property Owners BRRepealOrdinance487. doc-12/22/05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT/RECOMMENDATION PLANNING DIRECTOR INITIATED REPEAL OF CHANGE OF ZONE ORDINANCE NO. 487 The PLANNING DIRECTOR is initiating the repeal of Change of Zone Ordinance No. 487, which incrementally rezoned a 50.988-acre area from an Agricultural 1-acre (A-la) to a Single Family Residential 7,500 square foot (RS-7.5) district in August of 1972. The properties involved are located along the south side of Ponahawai Street, Ponahawai, South Hilo, Hawaii, TMK: 2-3-36:18; 2-3-37: 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20. BACKGROUND 1. C. Brewer & Company, Ltd. (hereinafter "Brewer") submitted a Change of Zone application from an Agricultural 1-acre (A-la) to a Single Family Residential 7,500-square foot (RS-7.5) district for two adjoining properties initially identified as TMK: 2-3-36:18 and 2-3-37:6. 2. Brewer intended to develop a moderate cost residential neighborhood consisting of 225 residential lots. 3. The County Council approved the change of zone request and adopted Ordinance No. 487 effective August 1, 1972 (Exhibit A). The following conditions were imposed: A. The azea be incrementally zoned in 6 increments. The first 3 increments shall consist of 60, 40 and 401ots respectively. The final 3 increments shall consist of 40, 30, and remaining lots respectively. The effective date of zoning for the next increment shall be after development has occurred on the previous zoning increment. Development is defined as building permits issued for residential dwelling units and construction paztially completed -partially completed in the sense of having at least roofs on them - on 25% of the lots of the previous increment or increments. ATTACH: C-681 B-222 B. Approximately 4 acres be set aside and improved by the developer for active recreational uses. C. The development of the lower portion of the subject area occur only after the present sugar cane crop has been harvested. D. The owner or lessee of the subject property submit a subdivision plan for preliminary approval of the 1 S` increment within 1 year from the date of approval of the change of zoning. Should these conditions not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject property to its former zoning designation. SUBDIVISION INFORMATION 4. An initial subdivision application was filed in 1974 by Nippon Shinpan Pacific, Inc. 5. Anew application was filed in 1980 by Cygnus Investment Corp. replacing the application filed in 1974. 6. Another subdivision application for TMK: 2-3-37:6 was filed in 2000 by Frank DeLuz, III replacing the previous application filed in 1980. This subdivision was to allow the creation of 13 lots ranging in sizes from 1 acre to 6 acres. Final subdivision approval was granted in April of 2001. 7. In 2002, one of the lots (2.7 acres) created under No. 6 above was further subdivided into 21ots (2.29 acres and 0.45 acre). One of the lots was sold to the County to accommodate the Komohana Street Bridge improvements. LANDOWNERS 8. According to the Real Property Tax Office records, ownerships of the following TMK properties are as follows: a. 2-3-36:18 Matsuno Enterprises, Ltd. b. 2-3-37:6 Frank De Luz III/Jane and Gillie Silva c. 2-3-37:8 Myles and Norma Nishimoto d. 2-3-37:9 Alice Adee e. 2-3-37:10 Frank De Luz III f. 2-3-37a 1 Alice Adee 2 g. 2-2-37a2 Carol Davis h. 2-3-37:13 Malulani, Inc. i. 2-3-37:14 William and Glynnis Dolan j. 2-3-37:15 Malulani, Inc. k. 2-3-37:16 Kualoa Ranch, Inc. 1. 2-3-37:17 Guy and Andrea Miller m. 2-3-37:18 Kualoa Ranch, Inc. n. 2-3-37:19 Frank De Luz III/Dereck and Laurie Botelho o. 2-3-37:20 County of Hawaii (Exhibits B and C- TMK Maps) 9. The landowners were informed of the proposal to repeal Ordinance No. 487. STATUS OF ORDINANCE 10. Per letter dated May 29, 2003, the Planning Director informed Frank De Luz III that "Because there was never any actual development on the property, the RS-7.5 incremental zoning is not in effect. As a result, the property is in its original zoning A-la. The Planning Department processed the recent subdivision of the property (approved in Apri12001) on the basis of the A-la zoning. The fact that the property has been divided into separate ownership makes it very difficult to apply the incremental zoning at the present time, because it is not possible to determine which area is the first increment, or even if one increment were completed, what would be considered the second increment." (Exhibit D) RECOMMENDATION 11. The 2001 subdivision was granted tentative approval in August 2000 based upon advice from corporation counsel that because the conditions of the RS-7.5 rezoning had not been satisfied, the property should be treated as if it were zoned A-la. The subdivision did not meet standards for an RS-7.5 subdivision. The 2003 letter to landowners was sent to make it cleaz that they could not develop the lots resulting from the subdivision based on the RS-7.5 zoning because the subdivision had been granted on the basis that the A-la zoning was in effect. It is very difficult to apply the conditions of Ordinance No. 487 to the various subdivided properties, especially the incremental zoning conditions. 3 Recently, one of the lot owners (TMK 2-3-36:18) applied for a change of zone from A-la to Neighborhood Commercia120,000 square feet (CN-20). This highlighted the need to review the zoning status of the properties to repeal Ordinance No. 487 and clarify that the RS-7.5 zoning was not in effect. After repeal of Ordinance No. 487, the parcels will revert to their previous A-1 a zoning. It is not the long-term intent that these properties remain A-1 a. The properties are in the urban core of Hilo and are designated Medium Density in the General Plan. If the landowners apply for rezoning, site-specific issues can be dealt with in the rezoning process. Some of the lots may be difficult to develop beyond the A-la zoning due to the way the earlier subdivision was configured, and some lots aze affected by the Alenaio floodplain. For the reasons stated above, the Planning Director recommends that Ordinance No. 487 be repealed. 4 Ilill No, ~ %7 CG'7:7TY OF J?(i°1/1 ]:I - ~1'P'1'E O]P HF.47A II .J °ry OR DI27AWCE NO, ` `i ~ AN ORDINANCE 71f~;iF0I17G SECTION 7,29, THE CZTY OP HILO ZONE ALSP, OR DINALSCE NO, 63 (ZON IN6 O?hLIW.I; C-:;), REVISED OE DINANCES O° THS COU1uriY OF HAWAII 7967, P_S A;4EiJDED, BY CHANG Ip!G TEE DIS'i''.I CT CLA SSIEI G?TION ; ACRICULTGRAh (F.-la) TO SIDlGLE FAh;LY RESI- DENTIAL (ES-7.5)~IIv PONP.111~idAT, SOli Ii HILC, fa>F7A 1:I, COVc3ED BY TAX P1AP Ki'Y: 2-3-36:PORT T0;7 14 111JD ?_-3-37:6, BE IT OR D?1INED BY" TFIE COUNCIL O: TEE COUN^_'Y OF HAWr1II: SECTION 1, Section 7x29 of Ordinan^_e No, 63 (GOnit;g Ordinance), Revised Or dinar:ces o;. the County o` Ha.:;aii 1967, as amended, is Y.ere~y further amended .y adding thereto the following subsection: "7,29 (i), The district classification of the following area situated at Ponahawai, South Hilo, Aawaii, sP:a 11 be Single Family 3esidential (RS-7.5)c Begin nS.ng at a poin*_ at the north corner o= this parcel of .'_and and on the southaast er ly side o` aona'.^.a:aai S_r2et, ~:-e coorr_- nates o~ said point of b=_gi. ^.r.ing referred to Gocar.^.r:.~~t Sur-: a Tr i_a ngulation Station "3alai" being 186,37 f -cam a = 1272,=0 feet east, ar.d running by azi-:~r.ns „easur ed clo c,: ; sa frr.,. Prue SOll1 ; 1, 325° 53' 713,82 feet alcr.? tha remazace_ c_ 252 to yit^aR c0ir:: middle oP =_'_e-~a io ScGes-~; 2, 85° 40' 15.29 Peet along to mid~_e =-~'a_~ Stream; ~ ence - __c-- middle o_ Ale.^.=io 8- _a.., _ _ next fort v-n i:e .e, 3, 42° 10' 100,C0 P~~-, 4, 29° 24' 38" 61,25 feet; 5, 16° 57' OS" 74.75 . 6, 14° 29' 209,70 fe=_:; 7. 354° 30' 72_00 feet; 8, 51° 2?' 49,50 _ee:-; 9, 66° 1'2' 63,!0 , 10, 1`25° 01' 33.48 feet; 11. 76° 32' 64.94 feet; 12, Sf3° 10' 48.00 i eet; i_3, 102° 2'-' S1" 2u,48 SceC; ~~A~i~ y 0 15, 11~ J_S' 0;"' 66,02 ~-e et; 16, 87° °~5' 46^ 83,31 feet; J.7. 75° n.2: ~8" 113.42 feet; 18, 83° 34' 36" 40,73 feet; .19, 51° !4' 31" aE_97 feet; 2G, 29° L7' 18" 87,73 feet; 21, 358° -18' 30" 13°10 feet; 22, 358° 10' 30" 42,30 feet; 23, 340° i5' 26" 41,76 feet; 24, 359° :L3' 07" 75.00 feet; 25, 341° 56' 33" 63,38 feet; 26, 327° 18' 23" 21.20 feet; 27, 18° 56' 17.75 feet; 28, 59° 15' 34,43 feF`t; 29, 67° 28' 30" 23.63 feet; 30, 46° 07' 14,87 feet; 31, 56° 12' 90,20 fee; 32. 62° ._9' 144,25 feet; 33, 07' 37" 01.88 fee=; 34, 08° CS' ~5" 33,30 35. L ° 22' 12" 36.52 , 36, 09° 15' 03" 70,78 - 37. 88° Oo' -13" 47,03 , 38, n9° 22' 28" 35 ,~7 =eet; 39, 68° 08' 40" 18,79 feat; 40, 99° 1G' 50.20 feet; :}1. 62° OS' 49,86 feet; 43, 97° ~90' 26,57 i:eet- 44, 59° SS' 29,50 feet; -2- 47, 660 10' 32" 72.;2 Lett; 48, 43° 18' 133,74 loot; 49, 6Fi0 03' 7.S" 81.,96 feet; 50, 45° 27' 218,70 foot; 51, 47° 42' 145,99 feet to a point. on the easterl-,~ side of Ko:?~ohana Street; thence fol.!ouri~- along the easterly side of ~;,,oh:~^a Street OR a Curve tp th? Lig.`?t hc'J1^~ a radius of 2960,00 feet, the --hoed azi!rutY. and distance being: 52, 1600 38' 26" 518,65 feet; 53. 165° 40' 232,89 feet z].ong to c-asterly side o K[>mohana Street; 54, 190° 30' 69.34 feet along tee easterly side ~nohana Street; 55, 140° 00' 67,23 feet along the aortheas*_erly side of Komohana Street; 56, 165° 40' 79,95 feet along the easterly side of ]COn10:"'.ana St Le P- -:^.Bn Ce fG1lGL_' along a cti L'JQ th2 ~ ^Ilt _ a radii;s of 32,:'0 -eel ..?_rc azimut;: and .._s _a nee "ne ircr 57, 2100 s0' 45,26 fe^t to a poin_ on r2~e so~th2'1'J O 58, 2S 40' 250,c6 -tong soul __~y PonaF---. S.^ _ _ aloe, -:~e sora_~er o_~~_ 6 .r... a _ Sins l^~~,^~ _ 0 59 244 OS' 413,63 iee_; 60, 232° 30' 1819.20 fce~ along sou ~haas~e-'. Ponai:awai 5_raet ~o t:^.e ao:c:c begi^::_i r_g o._.. ._~..~ai::'ng a:. SU, 9Fb aCreS, "F 11 as out'_iaed ir, red on ~r.~ nap attached t?er eto, %xhibit and by reference ::~.ade a Dart ha-eof," r.r'TIG_~ 2 _ -_ij. of di",. _,t..all u,-~ _ feet ~ upon the condiCio°,s L. LI t. (A) tha ar 'a _li=increme~t~~l l.v ='onF~ s__. . rnc_er~ent-. fn.a _ir Yr thr~. v' O ~ c_-emea ~_s s'-a11 Corsi :''c o! 3.. rt ~t-. (.0), an~~ fozty (n0) lct? -:~_t,i vrly, Thn °i r.al t_~rcc- n re.a:-i ahalL r. rJ oL foii.y {n0), tt ~_ty (4C), artd ..cm,t _ loth rs:,peci.ivo'~y, The effecCive d,~t-.e o£ r.oniny for the nexi: i~;cre- rnenl. shall be ai`er devalopment has occurred on the previous z~~?ing increment, Decc.lopment is define'-'. as bui l.di ng permits issued `or residential dc; ~-1?;ng w~:its and construction ~n-rtially com:pletec-- part7.al.ly completed in tha sense of having at least roofs on t_.,--- on twenty-five (25) per cent of the lots of the previous increr-~;t or increments; (8) approriimately four (4) acres he set aside and improved by the ~~evelopzr £or active recreational uses; (C) tte d_- velopment of thz 1c~;cr port i.on of the subject area ocean only after the present. sugar cane crop has been ha rvestzd; and (D) tt.e o~.a:-e- or lessee of the subject property sub it a suhd ivisic,^^: plan 'or p=e1'- nir:ary approval o` the first increment wi whin one (1) gea_ f~.,.., c.-.,, date of aopreval of the change of zoning. Sho,tld `.here madicio,`.s be met, the Planning Commission shall reserve the rigt.t to ir. "__a`z action to rezone fire su_jeet property to its f~_cer zo::in_ des_,-at; 5ECP IOSJ 3. 'n the event t.: ~.e anv portion. o° this _i_na :cz doclared inva__~-, such dnv alidii ~_all nov of-ect _u-__ this orclinancn. SSC-103 ~e,. .15 OrdlnanCe Stall to n_ c=`2C`_ _~5 - , U . _ H11U, isa;Ia_1 Dace of Introda ction: ~~uly l2, 1977 Effective Nate: :'~sust 1, i4"i ~ ~ l n ~ ~ ~ V~ / r~ ~ ~ ' ~j ~ \ rero rte, mil '1 ij ~ J / ~ ~ ~1~ c f~ \ ) Gam- / ~ \ \ ra,~ 41 \ ~ ~ ~ S F _ 4- R e c` _ n r P a .11 may` ./l /~~7'~ s''/ H O X ,r/ ni ~ - - ,.i G T J/r/~G ~ ~ J 2 r P G~ /iV . 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W L ' ~~r i r m t ' c _ ® ~ ti e?7 V= ~s'+ t i Y ~ 1 ` -...y.~-,.~ s V .ham ` v r ~ _ ~ _ i i ~F~ 'i' i irw?sy~tie~ ~ i _ r ~ t r .,~.---""'..r 292 i- ~ et 'S •1 S 1 ~ s.~ d ~ ~ ~ ' 0 a. ~ ~ L1~FJ~~ " 2 _ L ' - r~ of c 0 M1 Y 1 N eQ ~ ~ ~ ~ 3 c j r/ d y w n J T 0. ~ F f 9 f rY ~ ` ~ ~ 1 ~.ewo p ` x P ,~r,s r ~o N{ `Y Lu n 4'f` ~ i' d i i t i r tc \ <<~ _ .~o w..s~o ~r.o~N<r, KT a.~ q' g ~ §3arry2tirn Christophee~3. seen n~~~o. o~,~<<~~ irp•ei'Mp:+ Roy R. Takem®to Depvly Dirermr ~I7Lt#C~~J YT~ ~tllfiT~Ctt PII.,ANNAN+C U.F,PA~~'A1"~' lul t~auahi Street, Suite 3 r Hzlo, Hawaii 96720-3043 ~gUb)J61-8288 ~ Pzx(808j96.-3742 r~,A,..~^rn nt~n~ Mr. Frank De Luz III 330 Huali Way Hilo, HI 96720 Dear Mr. De Luz: SUBJECT: Ordinance No. 487 (REZ 144) Ka Palani Kula Subdivision (SUB 7389) We are writing you because you are shown on Hawai `i County real property tax records as the owner/co-owner of Tax Map Key (3) 2-3-37:6, 9, 10, 11, 13, 15, and 19. These parcels were part of a larger 50.988-acre azea (TMK: 2-3-36:Portion 18 and 2-3-37:6) that was the subject of an ordinance in August 1972, Ordinance No. 487, This ordinance rezoned the property from Agriculhtral (A-la) to Single Family Residential (RS-7.5). The ordinance stated that "Section 1 ofthis ordinance shall take effect forthwith upon the conditions that (A) the area be incrementally zoned in six (6) increments. The first three (3} increments shall consist of sixty (60), forty {40), and forty (40) lots respectively. The final three (3) increments shall consist of forty (40), thirty (30), and remaining lots respectively. The effective date of zoning for the next increment shall be after development has occurred on the previous zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed-partially completed in the sense of having at least roofs on them--on twenty-five (25) percent of the lots of the previous increment or increments" Condition B of the ordinance also required that "approximately four (4) acres be set aside and improved by the developer for active recreational uses." Because there was never any actual development on the property, the RS-7.5 incremental zoning is not in effect. As a result, the property is in its original zoning-A-1 a. The Planning Department processed the recent subdivision of the property (approved in April 2001) on the basis of the A-la coning. E X ! ~ 1 if MAY ~ 0 ~~1. P?Ir. Frank De I_,u~ III Page 2 May 29, 2003 The fact that the property has been divided into separate ownership makes it very difficult to apply the incremental zoning at the present time, because it is not possible to determine whrch area rs the first increment, or even if one increment were completed, what would he considered the second increment. l~'e would suggest that you apply to rezone the property if you desire any uses not allowed by the current A-la zoning. The property is designated "Medium Density" in the Hawaii County General Plan, and anumber ofurban-type uses could conceivably be proper. They may, however, require additional infrastructure improvements and consideration of drainage and other issues. If you have any questions about this letter, please contact Alice Kawaha of my staff at 961-8288. Sincerely, CHRISTOPHERlJ. YUEN Planning Director CJY:mad p~\wpwm6p\alicewin\lREZ 144DeLuzF cc: Rea] Property Tax Office s~