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
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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~