The URL can be used to link to this page

Home My WebLink AboutCOM 1101.000 2004-2006 MtV De,, Harry Kim Dixie Kaetsu Mayor Managing Director ' - Barbara Kossow ~~•i cr'wi''~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 September 27, 2006 GJ Cj) -1] n Honorable Stacy Higa, Chairman C1 and Members of the County Council County of Hawai'i 3 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: ,/Repeal of Change of Zone Ordinance No. 96-81 (REZ 825) Applicant: Jon Mitsuda Tax Map Key: 2-4-80:15 (formerly 2-4-3:portion of 4) Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 1, Section 25-1-5(b), Of the Hawaii County Code 1983 (2005 Edition, As Amended), by Amending The Definition of "Family" As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sinc ely~ Harry Kim Mayor Enclosures cc: Planning Department Comm. No. Ref. T.: Ref. Date t~ w ••ti•O~ Mr+ _ ~i/\ ~f) County of Hawaii N PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 ' ca September 27, 2006 = Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Repeal of Change of Zone Ordinance No. 96-81 (REZ 825) Applicant: Jon Mitsuda Tax Map Key: 2-4-80:15 (formerly 2-4-3:portion of 4) The Planning Commission at its duly held public hearing on September 7, 2006, voted to send a favorable recommendation to the County Council for the applicant's request to repeal Ordinance No. 96 81, which reclassified approximately 1.952 acres of land from an Agricultural 3-acre (A-3a) to a Single Family Residential - 10,000 square feet (RS-10) district. The property is located at the west end of Abe Street, adjacent to the Hoomalu Street Subdivision, Waiakea, South Hilo, Hawaii. The favorable recommendation is based on the following: Ordinance No. 96 81 reclassified approximately 1.952 acres of an approximately 7.871-acre property from Agricultural 3-acres (A-3a) to Single- Family Residential 10,000 square feet (RS-10) to subdivide the property into six lots. The proposed six-lot subdivision was granted Tentative Approval on January 14, 1997, but the applicant subsequently decided not to proceed with the 6-lot subdivision. The applicant proposed to subdivide the 7+ acre property into two lots. On February 26, 2004, Final Subdivision approval was granted for the two-lot subdivision, but the property was sold later that year. The current applicant/landowner requests the repeal of the ordinance, as there are no plans to subdivide the RS-10 zoned portion of the property. If the request is approved, the 1.952-acre RS-10 zoned area will revert back to the original A-3a zoning. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 As the applicant has no intention of subdividing the property and requests the reversion of the property to the original A-3a zoning, we are forwarding this favorable recommendation to repeal Ordinance No. 96 81. Enclosed is the draft bill repealing Ordinance No. 96 81 and the Planning Department's Background and Recommendation reports. Should you have questions regarding this matter, please contact Norman Hayashi of the Planning Department at 961-8288, ext 205. Sincerely, C. mo Alameda, Chairman Planning Commission Lmitsudarepealord06-81 pc Enclosures cc: Mr. Jon Mitsuda Lincoln Ashida, Esq. a \ BMibudaOrd%SlAmencid o-7/10/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JON MITSUDA REPF" CHANGE OR ZONE ORDINANCE NO. 96 81 JON MITSUDA has submitted a request to repeal Ordinance No. 96 81, which reclassified approximately 1.952 acres from Agricultural 3-acres (A-3a) to Single-Family Residential 10,000 square feet (RS-10). The property is located at the west end of Abe treet, adjacent to the Hoomalu Street Subdivision, Waiakea, South Hilo, Hawaii, TMK: 2-4-y! 15 (formerly 24-3: Por. 4). PROPOSED ACTION 1. Request: The applicant has submitted a request to repeal Ordinance No. 96 81, which reclassified approximately 1.952 acres of an approximately 7.871-acre property from A-3a to RS-10. (Exhibit 1- Letter dated June 9, 2006) 2. Reasons for the request: The current applicant/landowner has no intention of subdividing the property and requests that the RS-10 zoned portion of the property revert back to the A-3 a zoning by the repeal of Ordinance No. 96 81. BACKGROUND INFORMATION 3. July 15,1996: Effective date of Ordinance No. 96 81 which amended the district classification from A-3a to RS-10 to allow the subdivision of an approximately 1.952-acre portion of an approximately 7.871-acre property into six 10,000-square foot lots. (Exhibit 2 - Ordinance No. 96 81) 4. January 14,1997: Effective date of Tentative Approval for the six-lot subdivision on the RS-zoned portion of the property. The applicant subsequently decided not to proceed with the 6-lot subdivision. 5. April 29, 2003: The applicant proposes to subdivide the 7+ acre property into two lots. 6. February 26, 2004: Final Subdivision Approval is granted for the two-lot subdivision. 7. August 5, 2004: The property is sold to the current applicant/landowner. ATTACH: Come. 1101 1- VBi11 344 8. June 9, 2006: Request to repeal Ordinance No. 96 81 as the current landowner has no intention of subdividing the RS-10 zoned portion of the property. ff approved, the RS-10 zoned area will revert back to A-3a. PUBLIC COMMENTS 9. None as of this writing. -2- i` +v Jon and Melissa Mitsuda P.O. Box 4745 Hilo, HI 96720 June 9, 2006 Mr. Christopher J. Yuen, Planning Director Planning Department, County of Hawaii 101 Pauahi St., Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen, My wife and I recently purchased a property that is split zoned. I would like to cancel the Change of Zone Ordinance NO.96-81 (REZ82S) made by the original owner, Mr. Gilbert Kudo on TMK 2-4-003-004 and 2-4-042-082. Mr. Kudo had planned to develop a 6-lot subdivision but his health and financial situation didn't allow him to follow through on his plans. My wife and I have no intention of subdividing at this time and we would like the RS-10 zoning to be removed and have our property zoned AG-3 (TMK 2-4-080-015) as it is now split zoned RS-10/AG-3. According to a letter dated May 9, 2005 from your office, Mr. Kudo was granted an extension to finalize his subdivision by July 15, 2006. It also states that I (the buyer) must comply with Change of Zone Ordinance NO.96-81. We have no interest in subdividing our property at this time. We are requesting that the Change of Zone Ordinance NO. 96-81 be cancelled and that our property not be split zoned. By cancelling the Ordinance we would not be obligated to comply with Condition D- roadway improvements and Condition F- fair share contributions. Thank you very much for your time. If any questions should arise please contact me at 938-5863 (W) or 960-1729 (CELL). Sincere, UT, II(/ ` l 4on~J. Mitsuda EXFNBIT o,j COUNTY OF HAWAII STATE OF HAWAII BILL NO. 265 (Draft 4) ORDINANCE NO. 96 81L AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-03:POR. OF 4. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS-10): Beginning at the northerly comer of this parcel of land, being the southeast comer of Lot 3 and on the west side of Lot 40 of Hoomalu Street Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,031.71 feet South and 629.41 feet East, and running by azimuths measured clockwise from True South: I. 355° 40' 288.05 feet along Lot 40, Road Lot, Lots 39, 32 and 31 of Hoomalu Street Subdivision; 2. 85° 40' 126.85 feet along the remainder of Lot 1; 3. 175° 40' 48.84 feet along same; 4. 85° 40' 50.00 feet along same; 5. 355° 40' 48.84 feet along same; 6. 85° 40' 126.85 feet along same; EXHIBIT 7. 1750 40' 288.05 feet along Lot 2; 8. 255° 40' 303.70 feet along Lot 3 to the point of beginning and containing an area of 1.952 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this ordinance. C. A drainage/flood study of the project site shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, as required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. D. To conform with the existing character of the area, Ahe Street shall be extended through TMK: 2-4-42:82 and constructed with a 20-foot wide dedicable pavement within a 40-foot right-of way with paved shoulders and paved swales meeting with the approval of the Department of Public Works. The applicant shall construct the Ahe Street extension within the subject property and all other proposed roadways within the proposed subdivision with a 32-foot wide dedicable pavement within a 50-foot right-of-way with paved shoulders and paved swales along the full frontages of all proposed subdivided lots, meeting with the approval -2- of the Department of Public Works. All roadways shall be dedicated to the County of Hawaii upon its request. E. Should any remains of historic sites such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the planning director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the planning director in consultation with the Department of Land and Natural Resources - Historic Preservation Division when it finds that sufficient mitigative measures have been taken. F. The applicant shall make its fair share contribution to mitigate the potential regional -npacts of the subject property with respect to fire, police, solid waste disposal facilities, and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of additional proposed lots in each such increment. The fair share contribution in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies shall have a maximum combined value of $3,748.31 per lot. Based upon the applicant's representation of intent to subdivide and develop up to six lots, the indicated total fair share contribution is $22,489.86, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition F. The fair share contribution shall be allocated as follows: -3- 1. $168.40 per lot, for an indicated total of $1,010.40 to the County to support police facilities; 2. $332.61 per lot, for an indicated total of $1,995.66 to the County to support fire facilities; 3. $145.62 per lot, for an indicated total of $873.72 to the County to support solid waste facilities; 4. $3,101.68 per lot, for an indicated total of $18,610.08 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. The cost of constructing the improvements and the fair market value of land contributed required in Condition D shall be credited against the sum specified in Condition F(5) for road and traffic improvements. For purposes of administering Condition F, the value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be such amount as approved by the Planning Director, upon consultation with the appropriate agencies. G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions -4- included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. H. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code; 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 1. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By: Arakaki Date Introduced: Bonk-Abramson First Reading: Childs Published: De Luna REMARKS: Domingo C•SOriO Rath Ray S DRAFT 4 Reconsideration ROLL CALL VOTE Second Reading: July 3, 1996 AYES NOES ABS EX To Mayor: July 5, 1996 Returned: July 15. 1996 Arakaki x Effective: July 15, 1996 Bonk-Abramson x Published July 22, 1996 Childs x De Lima x REMARKS: Domingo x 07/03/96 - Reconsideration of second reading Osorio x vote. Rath x Ray x Smith x 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/ this ~s day of 19 h(VbR, COUNTY OF WAII Bill No.: 265 (Draft 4) Reference: C-1153/PPC-116 Ord No.: G SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ..~i,." 9& L COUNCIL MEMB R, COUN Y OF HAWAII Hilo, Hawaii Date of Introduction: June 3, 1996 Date of I st Reading: June 3, 1996 Date of 2nd Reading: July 3, 1996 Effective Date: July 15 , 1996 APPROVED AS TO FORM AND LEGALITY DEPUTY CORPORATION COUNSEL DATED: 4/w o ArPPOVE`J as to COR C'-ATION COUNSEL COUNTY OF HAWAII /4l Dc. -6- i RS 10 R5 10 EL RS-10 . RS 10 a Q5-15 wsae ra. ' A-5. ~ er AMn.1.nl wen• ~ n Z e ?.r1 LJ _ RS-10 s of 'R Its 10 'e l A-S• i A-S. A 1. R5 10 s • O 15,031.71 S i e R5 15 a •.e e` 629.41 E ' "HALAP 8 - ` Is 10 . •M. O ~ f f A I. Q RS 10 0 A-S• A Is A-5. R5 10 NAINAI 9TR!!T A-5. 1• R...I.. 31r.e1 AGRICULTURAL (A-3a) TO $10 RS 10 SINGLE FAMILY RESIDENTIAL (RS-10) - AREA: 1.952 ACRES RS IS / ~ / AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-4-03: PORTION OF 4 FEBRUARY 26, 1996 (GILBERT KUDO) RMiWuda0rd9681Am=d.do-7/10/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JON MITSUDA REPEAL CHANGE OF Z= ORDINANCE NO 96 81 Upon review of the request, the Planning Director recommends that a favorable recommendation to repeal Change of Zone Ordinance No. 96 81 be forwarded to the County Council. This favorable recommendation is based on the following findings: Ordinance No. 96 81 reclassified approximately 1.952 acres of an approximately 7.871-acre property from Agricultural 3-acres (A-3a) to Single-Family Residential 10,000 square feet (RS-10) to subdivide the property into six lots. The proposed six-lot subdivision was granted Tentative Approval on January 14, 1997, but the applicant subsequently decided not to proceed with the 6-lot subdivision. The applicant proposed to subdivide the 7+ acre property into two lots. On February 26, 2004, Final Subdivision approval was granted for the two-lot subdivision, but the property was sold later that year. The current applicant/landowner requests the repeal of the ordinance, as there are no plans to subdivide the RS-10 zoned portion of the property. If the request is approved, the 1.952-acre RS-10 zoned area will revert back to the original A-3a zoning. As the applicant has no intention of subdividing the property and requests the reversion of the property to the original A-3a zoning, it is recommended that a favorable recommendation be forwarded to the County Council to repeal Ordinance No. 96 81. -1-