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Home My WebLink AboutORD 1975-170BILL NO. 182 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 170 AN ORDINANCE AMENDING :ECTION 7.03, THE SOUTH KONA ZONE MAP CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL (CN -7.5) TO VILLAGE COMMERCIAL (CV -10) AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2-02:1.8 & 20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.03 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsection: "7.03 ( s ). The district classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at a pipe in concrete at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 8,031.22 feet South and 14,389.95 feet East, and thence running by azimuths measured clockwise from true South: 1. 2970 51' 39.16 feet along the southwesterly side of Hawaii Belt Road, to a nail in pavement; Thence along the southwesterly side of Hawaii Belt Road on a 1885.08 feet radius curve to the right, the chord azimuth and distance being: 2. 2990 47' 15" 127.47 feet to a "+" cut on concrete sidewalk; 3. 3010 43' 30" 97.53 feet along the southwesterly side of Hawaii Belt Road, to a pipe in concrete; 4. 310 43' 30" 150.00 feet along Lots 32A and 33A, along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole, to a pipe in concrete; 5. 1210 43' 30" 187.26 feet along Lots 33A and 28A, along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole, to a pipe in concrete; 6. 2100 13' 8.58 feet along Lot 28A, along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole, to a pipe; 7. 12CO 15' 30" 101.24 feet along Lot 28A, along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole, to a pipe; 8. 2210 56' 139.28 feet along Lot 2, along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole, to the point of beginning and containing an area of 0.925 Acre. "All as outlined in red on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof." SECTION 2. Section 1 of this ordinance shall take effect forthwith upon the conditions (A) that prior to construction, the applicant shall submit the plans to the Hawaii Register of Historical Places for review; (B) that construction of the proposed improvements and renovations under Phase I commence within one (1) year from the date of approval of the change of zone and be completed within two (2) years thereafter; (C) that all applicable rules and regulations, including the "Plan Approval" process, be complied with; and (D) that a copy of the lease agreement between the applicant and Kealakekua Ranch, Ltd., for property identified as tax map key 8-2-02:20 be submitted to the Planning Department. Should any of the foregoing conditions not be met, rezoning of the property to its former zoning designation shall be initiated. 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: TCS COUNCILMAN, COUNTY HAWAII Hilo, Hawaii Date of Introduction: October 23, 1975 Date of Adoption: November 5, 1975 Effective Date: november 13, 1975 � tiOo �\TI ��01 i M�L'wAi o, J p� Q 0 Q HA INAII 13 cLT- I j NEtGHSOF-,HOOt7 COM MEIGCIAL (CN-7.=t CN-7. ) TO VILLAGE C0MME0.t CIAL (CV-)O) Q/ AteC-A = O.�j25 AC 2E ANmet�14omeNT TO -rHe ZONING ccloe AMC-I�j17MC-NT IJ O. OF' CHAPTEIE 8 (ZONING COO1=), A2TITjLe a, SECTION 7.03, TI1C- ,SOUTH KONfi ZONE MAf? iCHHNGINf5 THE 0ISTMICT cl ASSIFICATION 1=rdOtvt NC-IGI-C�OIEHOOL> COMMEMCIA'.L (CN-7.5) TO Vll_LAGE COM C-IECIAL (C�/-10) AT KC-ALAKCKUAI SOUTH KO NA1� HAWAII_ C>ATE ^>F puol-t(= HC-AIRING _ JUL--I- 31, 1975 OATr' OF APFIC OVAI- ' OIEOINA NA=B NO. I�2C-1�A fH C`f� f3l' PLANNING oC-PAIPTMBNT COUNTY OF HAWAII TMK � Fi-8- Z 18 6, i90 AUG. 25 IJ75 EXHIt�IT �:p: A /I n I 1e ml I 44 j, AMENDMENT tj- 70 THE- ZONING C00a -Fl-ll=- SOUTH I<ONA ZO"C-: CCA,-FICDt-4 F tIA CHANGING THE fDI,!aTMV---r L-,AS!5Jr- ec) SC)U71--i OA -'r= ->F pU6Lkc JUL--I- al, 1975 OA -,7=- OF Alppnovlo-\L- C-4n- COUNTY SF= HAJ-AAOI T FA K 2-02 : I a 9, an AUG. aE5, lJ75 E'iGHlPIT `.A I APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: McAuliffe 0.kl—a&-issoc. Inc. APPLICANT'S SIGNATURE: ADDRESS: Makai Mezzanine, Alexand'ed Young Butlding Honolulu-, Hawaii 96813 TELEPHONE: 531-5391 (CN) -1 `, REQUEST FROM: Commercial Neighborhood TO: Village -Commercial (CV) -/O TAX MAP KEY: 8-2-02 i g,, X) AREA OF PROPERTY: 40,420 sq. ft. (size of parcel) OWNER: Harold Manago, P. 0. Box 145, Captain Cook, Hawaii 96704 OWNER'S SIGNATURE: APPLICANT'S INTEREST, IF NOT OWNER: Architect/Planner (If lessee, must be for at least another 5 years from date of application) APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach) I. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable) of the Gener9l Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the Ceneral Plan documv*t are available at public libraries and at the Hawaii County Planning Department.) 2. Please state any other reasons for your request. THIS APPLICATION MUST BE ACCOMPANIED BY: (1) 16 copies of the completed application form. (2) 16 copies of a location map. (3) 16 copies of a site plan with existing and proposed uses (e.g., structures, topography, proposed subdivision). (4) 1 copy of appropriate questionnaire. (5) any additional information. (6) $100.00 processing fee. FOR OFFICIAL USE: Date Received Director's Action Prelim. Hearing Public Hearing To Council P.D. 1 2/75 EXHIBIT "A" Petitioner's reason(s) for requesting a change of zone: The Manago Hotel has been serving this community since 1925. The General plan was established recently and within this present zoning, the hotel is in a non -conforming use and is allowed to exist unc:er certain conditions. Any future plans for renovation and additions to existing facilities to provide better accommoda- tions are restricted beyond that which falls under the preview of the variance provisions, accordingly, to update and renovate this existing facility, a change in zoning is necessary. MANAGO HOTEL P. O. Box 145 Captain Cook, Hawaii February 28, 1975 McAuliffe, Oka & Associates, Inc. Makai Mezzanine Alexander Young Building Honolulu,, Hawaii 96813 96704 py Letter of Authorization That I, Harold H. Manago, do hereby appoint McAuliffe, Oka & Associates, Inc. to act as my agent concerning The Manago Hotel located in Kealakekua, Captain Cook, Kona, Hawaii, for submission of Application for Change of Zone with the Planning Department, County of Hawaii, further, to act for me and in my name, place and stead, concerning all matters pertaining to a change in zone for Manago Hotel. McAuliffe, Oka & Associates, Inc. is authorized to request a change in classification from the present Commercial Neighborhood (CN) district into Village -Commercial and related actions necessary to effect said authorization for a zone change. Signed, Harold H. Manago Owner, Manago Hotel Witness: 1 C .cL_ -qv r -p- k �)1?ti�tfZ-1 Witness: &D �Izl c� /t'cN�c / Date: MAR �,' ig75 -- CHANGE OF ZONE: HAROLD H. MANAGO An application for a change of zone from Neighborhood Commercial - 7,500 square feet (CN -7.5) to Village Commercial - 10,000 square feet (CV -10) has been submitted by Harold H. Manago. The area under consideration includes the site of the present Manago Hotel and an adjacent parcel to the north in Kealakekua, South Ko -aa (TMK: 8-2-02:18 and 20). More specifically, the subject properties have a total area of 40,420-+ square feet and front the Hawaii Belt Road across from Yano Memorial Center. Under the Neighborhood Commercial zoning designation, hotels are not a permitted use. The present Manago Hotel is thus a non- conforming use as it� �n existence since 1925. In a Village Commercial zone, however, hotels may be allowed when the use and design conform to the character of the area, the district regula- tions, and are approved by the Planning Director. The purpose of the subject request from a Neighborhood Commercial to a Village Commercial zone is to allow the renovation and expansion of Manago Hotel. The renovations and expansion as proposed by the applicant are of a scale which would not be allowable under the non -conforming provisions of the Zoning Code. In support of the subject request, the applicant has stated the following: "The Manago Hotel has been serving this community since 1925. The General Plan was established recently and within this present zoning, the hotel is a non- conforming use . . . Any future plans for renovations Change of Zone Harold H. Manago Page 2 and additions to existing facilities to provide better accommodations are restricted beyond that which falls under the preview (sic) of the variance provisions, accordingly to update and renovate this existing facility, a change in :zoning is necessary. "The existing hotel is a wood framed structure. A study for its expansion and development was made in the 'Development Proposals for Manago Hotel', dated 1973, pre- pared by Aotani and Oka . "Basically, the existing facility houses 29 units (old) with a common toilet and also 20 annex units with private baths. Amenities within the structure are kitchen and dining facilities, lo,inge, bar and liquor store. The existing facilities do not fulfill their need to maintain and service the hotel operation adequately. "All renovations and additions to existing facilities will be designed and developed to the preservation criteria of the Historic Hawaii Foundation and National Trust for Historic Preservation . . . The National Trust for Historic Preservation . . . (and) the Historic Hawaii Foundation, is considering the Manago Hotel of historic significance. it is now in the first step process of registering the facilities on the Hawaii Register of Historical Places." Change of Zone Harold H. Manago Page 3 In checking the historical significance of the hotel, it is found that the hotel is not 4r,G.1.0n the Hawaii Register although V%DM,04*6& . N 5 � hr� it has been nominated. The process . not�yet^complete The applicant intends to make renovations and additions to the existing hotel facilities which include additional room units with private baths and service facilities and amenities for the hotel operation. Off-street parking, which the hotel now lacks, will also be provided. The renovations and additions would be made incrementally to maintain the continuity of hotel operations. Existing commercial facilities and the residential unit on the parcel adjacent to the hotel will eventually be demolished for expansion of the present hotel if the change of zone request is approved. The General Plan land use pattern allocation guide map designates the area for medium density urban uses. Such uses include village and neighborhood commercial and residential and related functions. Commercial uses are limited to 3 stories. (Multiple residential use is allowed at a density range of 35 to 1.1.6 units per acre, while the single-family residential is 5.8 units per acre.) Under the General Plan document, courses of action for the resort subelement, South Kona, state that develop- ments shall blend in with the character of the area and that the development of small family -operated hotels should be encouraged. Change of Zone Harold H. Manage Page 4 Surrounding land uses include Yano Memorial Center, Kealakekua Park, the Kona Civic Center, commercial and residential uses. For the commissioners' information, approximately 21.18+ acres makai of Manago Hotel were rezoned from Single Family Resident: -al to Multiple Family Residential on March 11, 1975. This area is proposed for a Planned Unit Development by Foremost- Hawaiiana Associates, (formerly Gentry-Hawaiiana). A PUD applica- tion must be submitted by March, 1976. Soils in the subject area are Honuaulu extremely stony silty clay loam. Slope ranges from about 12 to 15 percent. Stones cover from 3 to 15 percent of the surface. The capability sub- class of this soil is VII, or soils which have very severe limita- tions that make them unsuited to cultivation and that restrict their use largely to pasture or range, woodland, or wildlife. Yearly average rainfall is approximately 100 inches. None of the cooperating agencies had any objections to the subject request. The Police Department noted that "Tne planned renovations with new parking lots would alleviate the present parking problems in this area." The State Highways Division commented that the applicant should be apprised that one of the alternative corridors for the Belt Road may affect the parcel under consideration. Change of 'Lone Harold H. Manago Page 5 The Kona soil and Water Conservation District Board stated that "Flood hazard now exists to hotel during period of high rainfall. Plans for new installation should take this into consideration when installing 'parking area and addition to hotel rooms." The Department of Water Supply commented that "Inasmuch as the applicant's request for change of zoning is for the purpose of con- formity of his existing buildings to the new zoning request and that his planned renovations will be done in incremental phases, we see no apparent objections to this request." All essential utilities and services are available to the area in question. All other cooperating agencies had no objections to or comments on.the subject request. The following letter dated July 23, 1975, was received from John Iwane, President of the Capt. Cook Community Association: "Dear Commissioners: Our Board of Directors today voted in favor of the change in zoning as requested by the applicant McAuliffe, Oka & Associates, Inc., in behalf of Mr. Harold Manago. We have no objections to the granting of this change in zoning, and we! recommend that it be granted," Bill No. 1P2 - 1975 AN ORDINANCE AMENDINC SECTION 7.93, THE SOUTH KONA ZONE MAP "HAPTF..P P (`T,ONTNC CODE), AR.TIrtP 2, HVWXTT COUNTY CODE, AS AMENPED, BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL (CN -7.5) TO VTLL.AGE COMMERCIAI (CV -10) AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8-2-02:18 & 20. This Bill amends the South Kona Zone Map -f the Zoning Cale, Hawaii Cainty Code, Ps amended. Date Iltroduced: October 23, 1.975 Conies of the foregoing Bill, in full, are on file in the Office of th^ Cnanty Clerk for use and exnminatior. 4v the public. I hereby certify that the foregoing Bill passed first rea9in7 at the meeting of the County Council on October 23, 1975, by the following ave an& no vote: AYES: C"uncilmen Carpenter, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - P. NOES: None. ABSENT AND EXCUSED: Councilman De Luz - 1. c �or"N 0 -IN COUNTY CLERK COUNTY OF HAWAII nRDINANCE NO. 170 (Bill No. 1q2-1975) AN ORDTNP.NCE AMENDINI SECTION 7,n3, THE SniTTH KONA '4ONF MAP CHAPTER f; (20NIN(-, "CDP), ARTICT,F 2, HAWATT rnTINTY r'ODF., AS AMENDED BY CHANGING THE DTSTRTCT CLASSIFICATION FROM NEIGHBORHOOD COMMERCTAL (CN -7.5) TO VILLAGF COMMERCIAL (CV -10) AT KEALAKF.KUA, SOUTH KONA, HAWAII, COVERED BY TAY. MAP KFY 0--2-n2:18 & 20. Date r.pprover?: Vnvamhj"- 5 1975 7a to F!ff<-t 1v.^" '9ovemher 13. 1475 Cori-, nF thr fn"-nninn nrrllnarr in full am nn file in the Offt i nn of tl" rni IntV Cl e --k Fn- !ase a..A Pximin it inn by the ni hli I herehv --e-tiFv that +he Fn prTning Orclinan^_e nassed secrncl ana final re2dl ,3 at the meetlnn of the rnunty rnunr-il nn NnvAmlF' G 1975, },y the fol Ie,U7jnq av-, 'nA ..,, .,.,tP- AYF,S: r'�un.-ilmr,n Fujii Hi<•anka, Kawa`lara, T.ai Tr,{,in, Yarlan anti Cha;, -mi- YamaFla - 7. NOES: None. ABSENT AVD F,XCUSFD- rnunrilmPr Carnenter and De luz. - 2. rOITNTY rLFRK rOITNTY ni' HA+IATT Hilo Hawaii Date: Ortnhp>- 23 197c•. FIRST READING AYES AYES NOES A/E Carpenter _ X _ x De Luz De Luz X AB Fujii X Hisaoka Hisaoka X Kawahara Kawaharo X Lai Lai Levin Levin g___,__ Yadao Yadao Yamada X Yamada X B 1 Octob-- 27 1975 Publication Date: Kailua-Kona, Hawaii Date: November 5, 1975 SECOND & FINAL READING AYES NOES A/E Carpenter x De Luz X Fujii X Hisaoka X Kawahara X Lai x Levin X Yadao X Yamada X L 7 2 _ Publication Date We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Approved(ikieeppre�d this-- / 'I ..--day of 19i r Mayor, County of Hawaii / 1 Council Chairman County Clerk Bill No. — 1R2 Reference: C-1592/ RP 1,C -6,f1 M.B. No. ��_ Ord. No. ._ 4 +dr 60—, A ua 5' A Ted T. Suzuki 4 COUNTY CLERK Robert Shioji j ��Fjy�✓ DEPUTY COUNTY CLERK OFFICE_ OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 96720 Mayor Herbert T. Matayoshi Country of Hawaii 'silo, Hawaii I hereby transmit Ordinance Bill No. 182 passed by the County Council on second and final reading. COUNT 1,ncl. Hated: NOV 1 0 1975