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Home My WebLink AboutORD 1975-175BILL NO. 1~4 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ~~P a) AN ORDINANCE ;AMENDING SECTION 7.05, THE KAILUA-HONALO URBAN ZONE MAP OF CHAPTER 8 (Z~NING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THEiDISTRICT CLASSIFICATION FROM VILLAGE COMMERCIAL (CV-7.5) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT HONUAINO 3RD, NORTH KONA, HAWAII, COVERED BY T~X MAP KEY 7-9-07:30. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.05 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsection: "705(r). The district classification of the following area situated at Honuaino 3rd, North Kona, Hawaii, shall be Single Family Residential (RS-10): Beginning at a point at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station'"PUU OHAU" being 6,721.42 feet North and 9,596.48 feet East and thence running :by azimuths measured clockwise from true South: Along the westerly side of Mamalahoa Highway on a 5,699.65 foot radius curve tq the right, the chord azimuth and distance being: 1. 333° 56' 31.5" 244.36 feet; 2. 74° 05' 225.83 feet along remainder of Grant 1462 to S. W. Makaike; 3. 72° 36' 246.89 feet along same; 4. 167° 53' 115.48 feet along same; 5. 163° 10' 191.15 feet along same; 6. 252° 24' 210.95 feet along the southerly side of a 10.00 foot wide roadway; 7. 332° 00' 149.08 feet along Lot 1 and Lot 2-B (Revised); 8. 242° 00' 90.00 feet along Lot 2-B (Revised); 9. 152° 00' 40.12 feet along same; 10. 242° 00' 105.66 feet along same to the point of beginning and containing an area of 2.620 A cres. "A11 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 condition that all applicable rules and regulations as stipulated within the Single Family Residential - 10,000 square foot (RS-10) zoned district be complied with. Should the condition not be met, rezoning of the property to its original zoning designation may 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: /O'YyLGQ T GG.~t.tf/ COUNCILMAN, COUNTY O HAWAII Hilo, Hawaii Date of Introduction: Nnvemh?r 19, 1~~5 Date of Adoption: December 3, 1975 Effective Date: December 8, 1975 -2- T1000° NIOIL°~- A_g. I Z O A-3p Z @S Io Z 7. Q C res ~o I ics- 8 ~/ (G y~ L Io ~P~~ A-Sw A-Sq ~ t {_ PVP~oP 10 ~1 A-yo 0 ~~ C 10 ~ ,~'~~// pOf C ' cN-.o P4. 6 1O G'- A-Sp A-5q CN- ~o p ~P...~ CiG COMME-'IeJG1AL I s ~~ S) To SINQL_G IaAMILY CNTIAL_ ~1H8 -10~ 1 A = 2.rd AC~IaS ~/•• ~ .. es .o ~g- y ~/ w y P ~\ Y' L 4 v..~~J ( A-Se A -~4q \ A-Ip A"Sq L 0 0 0 .,-gyp ~o ~ U ~ ~t _ I r ~1 L. ~ A-sq \ ~ NZ ~ A-sq ~ O 0 ~ NOTE \ ,g@E OICpINANCG NO.I"jam pOIG LHGAL oE9C r-IPT~ON op THE /'~pOVB ZONL~ OHAN G@. t AMC-Nt~MENT i O THE ZONING CODE AM~NDMLNT NO, I~ OF CHAPTEfc? 8 (ZONING CODE), AIeTI CL_h Z, SECTION 7-OS, THE 1<AILUA - HONALO U2L3AN ZONE MAI? CHANC3ING THE pIST1P_ICT Cl.-ASSII- FICAI ION 1=1eOM VII_l-AGE COMME1eCIAL (CV-7 S) TO SINGLE 1=AMILY It_CSIDENT'IAL. (IBS-10) AT 1-10NUAINO 31C'D, NOIeTH KONA, HAV~fAII. la°.T C- OF' F'U pLIC HC-A21NQ = JULY 31, 175 BATE 01= AI°I°IL°O~/AL _ rJac_ 3, I~~~s t9ICUINANCG NO. 1-' Y°2C-I~AIBC-O F3Y _ I~L.ANNIIVG I~Cf~A1LTMC-NT COUNTY. OF-- }--IAI^lAll I MK = 7-9-07 -30 SEPT. Z°>, I°~75 A-Sq TIeUE NOIETH CALL ~ 1" s}pC Jl O i O A-So i Q I `I ics .a ~cGs \ ~ \ A-5q A-Sq A-Sq TS 7.5 -s ~P ° -mss ~ c~-zs ' A \q A-b Z O ~ ,1 L_~ A-Sq `\ N ~~ o N o-jC ,jLsB o~Ol N.11VCC- NO.Z pOl6 1._.CGAL t~B9C1e1FT~ON of THC- AC~OVE ZONL~• CHANGE'. L•~ ~~ ~ '~ A-sq I AMEt`JDMENT i O THC- .ZONING CODE AMENDMENT NO. I-7 01= CHAPTEk? 8 (`ZONING CODE), AR°TI CLE "-'c' , SECT ION 7.05, THE l~A1LUA - HONAL.O U2LiAN ZONE MAI? CHANC3ING THE DISTIEICT CLASSI- FICATION F'l80M ~/ILLAGE COMMEIPCIAL CCV-7 S) TO SINGLE 1=AMIl._Y feCSIpENT1AL QeS-10) AT 1-IONUAINO 3R°t~, NOIeT7-I KONA, HAV~fAII_ U/'.TC- OP F°Upl..-IC HC-A21Nf3 ~ JU~.Y 31, Is>75 pAT C- OP .Al°F~f60~/AL = r>.-=_~_ 8, ~ ~,__ i°Tc'~I°A2C--f] 3Y = F'LANIVIIVG Ot=AAIeTMC-NT COUNTY Or 1-IAl^lAll I Iv1K = 7-9-07 ~90 SEPT. 'c ^~ Ig7.s CXHII~JIT "A" A-Jv O x ~~ ~N /io A-Sq A-sq GN r" J Q P-~ .o I ~ A~~ A-sq Gv- i ~O Il._l- C3C- COMMC-It+v~G1AL ies ie~ V- 5~ TO SIN(3LC- PAMII.Y SI C-NTIAI_. (165-lO) I A C- _ -ac.6 AC2ES Cv- r I ies io io ies- io I 1 Z ti A-Sq A -Sq Q \ 1i I 0 CHANGE' C1' EON£: MASP.h1t IWASI?:I'_rA The applicant, M4esami Iwashita, i.s requesting a change of zone for 2.6 acres of land from a Vi.l.lage Commercial - 7,500 square foot (CV-7.5) to a Single Family Residential - 10,000 square foot (RS-10) zoned district. The area in question is situated along the makai A side of Mamalahoa Highway, adjacent toaon the Kealakekua side of Sandy's Drive-In and Jupiter. Drycleaning in Kainaliu Vii.lage, Hcnuairw 3rd, tlorth Kona (TMK: 7-9-7:30). In request of the change of zone, the applicant has stated the following: "Pursuant to a letter dated November 20, 1974 the following request and information is hereby submitted. The subject property was rezoned as requested in December, 1969 from F.S.-10 to CV-7.5, "The goals as set forth in the rezoning request preferred in 1969 and the reasons for the request, ie to allow construction of apartment building s,ro longer exist and will probably almost with es:act certainty not conflict with the present General Plan. "The need for apartment housing in this area no longer is a requisite as the area of North Kona especialJ.y in and around Kailua Kona has without a doubt since then been built up and construction i_s continuing. "Construction on the subject property mentioned in this request wouJ_d cost much more per unit as compared to the lower areas; ir. that fill that is needed in the higher elevations is such as to perc.lude rental costs to be within the reach of the public who wouJ.d seek such units. "Further it is felt that the General Plan is such that we believe future development in this and surrounding areas are beet left to those who are much more knowledgeable, therefore we request that subject property be rezoned from CV-7.5 to its original zoning of RS-10." The General Plan land use pattern allocation guide map desiynat:es the area for Medium Density Urban Development. Such a designation may allow single family residential uses at a maximum density of S.g units per acre. The requested 10,000 square foot zone would fall well raithin this density limit. According to the Soil Conservation Service report, the land is of the Honuaulu Series which consists of well-drained silty c).ay looms i:hat formed in volcanic ash. The surface layer and subsoil arc 9 i:?ches and 28 inches thick respectively. The substratum is F.a lava. The soil dehydrates irreversibly into fine sand-size aggregates. Some acres are very stony or extremely stony. Permeability is rapid, runoff is slo;a, an3 the erosion hazard is slight. The slope of the area range ,M„' from 6 to 20 percent, and~area receives 60 to 80 inches of rainfall annually. There are eight (8) existing single family dwellings on the property. Based on the present lot size of 2.6 acres and at the regnestr ed densi_ty of 10,000 square feet, a total of eleven (11) dwelli_ng;; may be constructed. The properties immediately adjacent to on the Kee.lake- kua side and also across Mamalahoa Highway are zoned P.S-10. The I:ainaliu Business area is zoned CV-7.5. For the Commissioners information, per request by the applicant, the area in question was rezoned from RS-10 to its present CV-7.5 -2- zoning designation in Decernbe.r 1969 (Ord, 2II1). At that time, 'the applicant's reasons for requesting the commercial zone were as follows: "The granting of this change will be in line with the present trend, inasmuch as it wi_11 not detract from the planned use now in the surrounding areas. "We are part of the planned expansion of the village of Kaina]_iu and it: is o:i.thout a doubt that its growth will. be toward my property. "We plan i:o construct a fourteen (14) room Hotel-Boarding Houae to provide rooms for the various tradesmen, especially thane in the field of construction. All facilities in the upper areas of the Vona District are overtaxed in that they arc. always full and occupancy of these units wi].1 help to eliminate some of these problems. "The construction is planned to be located on the south- west: corner of the area that the request i.s made for.. The plans (b].t:e-prints) for these units have rot been drawn up as yet as the Commission's action is needed before we can start; however-, I wish to point out that, if and when the re-zoning is had, we will. construct only that which is approved by the Commission. "We f~;el that this type of unit will be in line with good zoning practices as we are leaving the frontage along Mamalahoa Highway, for the meantime, in abeyance as to what type of build- ing and or businesses that would be best provide for the Communi- ties needs as a whole." -3- Upon review of the request, the Department of V;ater Supply sta'ced that "Inasmuch as there will be no increase in water usage for this rezoning request• as compared to the existing zoning, we have no objections to the subject application." All other essential utilities are available to the area. Mama.lahoa Highway has a 60-foot right-of-way with a 24--foot pavement. All other cooperating agencies had no comments on or objections to the request. The fallowing letter was received from Irvine and Sibyl Paris, adjacent property owners: "Dear Mr. Suefuji: Thank you very much for your letter of July ]8, ]975 informing us of the rezoning request by A:r.. Masam.i Iwa'shi.ta for 2.6 acres at Honuai.no, North Kona. We taist to express our full approval and urge you to grant Mr. Iwashita's request to have the zoning changed from Village Commercial. to Single Family Resi- dential - 70,000 square foot zoned district." h a i s' -4- PLANNING DEPARTMENT County of Hawaii APPLICATION FOR CHANGE OF ZONE Name of Applicant: Masami Iwashita (print or type (I) (we) hereby request an amendment of zoning to change the present classification in a(n) Cv-7.5 a(n) district into c _in ~ district in accordance with provisions of Sect on 38, Ordinance No. 63 of the County of Hawaii for the following reasons: See attached letter Submittals: Petitioner shall submit sixteen (16) copies of the appli- cation and location/site plan drawn to scale, and one (1) copy of the questionnaire. Petitioner's interest in sub'ect ro ert (State if owner or lessee* owner *must be far 5 years or more Petitioner's reason(s) for reguestin a than a of zone: NOTE: a. Please explain how the requested change of zone would be consistent with the goals, policies, and course of action (if applicable) of the General Plan document. Please, also, specifically indicate which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at all public libraries and at the Hawaii County Planning Department.) See attached lettr_r April 4, 1975 Planning Department County of Hawaii 25 Aun_uni Street Hilo, Hawaii 96720 I4r. Raymond Suefuji Director, County of Hawaii Planning, Department R1;: Change of 7.one Request CV-7.5 to R.S.-10 TMK: 7-9-7:30 Pursuant to a letter dated November 20, 1974 the following request and information is hereby submitted. The subject property was rezoned as requested in December, 1969 from R.S._10 to CV-7.5. The goals as set forth in the rezoning request preferred in 1969 and the reasons for the request, ie to allow construction of apartment buildings no longer exist and caill probably almost with exact certainty not conflict - -.-_i ..l gyn. HiT~ Hawaii , Date: N~~ ero' nar T? T a7S Hilo r Hawaii Date: December 3 1975_ FIRST READING SECOND & fINAL READING AYES NOES A/E AYES NOES Carpenter X - Carpenter X -- -- De Luz X _ .- _ De Luz- -- X - Fujii X - - _ _ Fujii-- - X Hisaoka X _ - - Hisaoka __ __ X Kawahara X Kawahara g -- --- Lai X -- - - - _ Lai g _ -- Levin `! --- ---- -- ---.- --- Levin g -- -- - Yadao __ _ - X _- _ Yadao X - --- --.. Yamada X _ -- ___ - _ __ _ Yamada X - 4 ~ -- 9 _ iJOV 2 Publication Date: -_ . Publication Dafe: _- A/E We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. _ - / ' ~ti~ ~?K~~~~ Council Chairman -L/51 / ' ~~ n County Clerk Bill No. 1 R4 Reference: r-1 61 $ /pRl)T C=( 2 M.B. No. ~ ~`` Ord. No. ' "" -.. E w. k - Approv~ed/~Die~ep tpr(p~ed this V ~_. _-day of - ~~ -- .. -_, 19~5~. Bi 11 N~~. 1 Rq _ l n-7 c, ~N ^RnIN=.N^F rh1FNDTN~'' SEr'TIO?N ~_fl~ THF, x:A7'LFA._HONA.T.O URArN Z,<1N° MAP OF CHAPT'?R p JRnNTNr rnDF.l ^RTT^lz ? HA~~PATT ~nUNTY !'^??~' )\,S ~hagtJnFn gY CHANG"CND THF, T)i5T'RICT ~T;n°STFi^nTTnN FR~T^ `~T`LAGR <'OMMFRr'TAT lrtt_7.5) T(' SINGLE. FArwI7Y RFSIT)FNTIRT !RS_Ttll AT Hr`NTJ"~INn 3c» N^RTH K(~Nn, Hai7nT7. !'nvF,RF;*~ BY TA`: rvr>,P usY '7_t?...n.-,.~n Thi, dill .q ..,nn A,- ,pytn uAi ltt a_-H^na~tn 1Jr.},~n ,.nn., Ma f t'.~n 7, !~ n pn~n1 r„,~ <, • naa ~. .. ~ ^+~-^r`71 ^,,.a • ATrn.r n,nh., .- 1 ~ 1 q'7 ~, ~, ^ g fil l l , a~'n r+n Fi 1 r t~ a.hr. llfFi.•.. n th° ^r9tn ~1! /'1 ".rL am tt <-~ ,~..:.1 nXarnlna+i nn hV +h ~• rind i.• T h >•'+V .,,-tTrv Ihat thn °nrnr_•-.; n.. gill na.~~•+a fi.-nt r~aainn ?+ +hn ..,ti._. ..c +hEO r•,~nn+~, r'nrtn.•il ^^ Nn~tA~>,n.- to t,~r ~. Fnl lnrq: a+rn an.9 nr, .,nt~• ~ , ~V tlan AYES: Cr,un •i lm~n ('a~-n?nt~r, De T,uz Fu;i i Hi,caol-a, xawahara, I.ai , T,AVir` Ya~lan ,vnr7 chairman Yama!la ~- ~. NOF,S: NOnc>_ T)F.PLJTY COUNTY ChF7~ COUNTY OF HAlaAT7 ms-M.a.r t -¢Ir~gkM.r1M~ r~ a. »tsf ORDINANCE NO. 175 (Bill No. 184-1975) AN ORDINANCE AMENDNG SECTION 7.05 THE KAILUA-HONALO URBAN ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM VILLAGE COMMERCIAL (CV-7.5) Z'O SINGLE FAMILY RESIDENTIAL (RS-10) AT HONUAINO .3RD, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-07:30. Date Approved: December 3, 1975 Date E:`fective: December 8, 1975 Copies of the foregoing Ordinance, in full, are on file in the OfficE~ of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reacting at the meeting of the County Council on December 3, 1975, by t:he following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara~ Lai, Levin, Yadao and Chairman Yamada - 9. NOES: None. \J~ ^ , COUNTY CLERK COUNTY OF HAWAII ~, ai.; ~, stir, ~~ ~fi'" s~-~ `~ r,~d T. s~~~~k~ ,~ ~ .. f_GUNT" CLERK qL. ,=~~ ~" Robert Shioji _o;~.:fi'', DEPUTY COUNTY CLERK Ci(~F:CE= C7F TI-SF CClLINTY CLEROL CG+U K'r}' pF HAWAII fULO, HAWAII 9677.0 Mayor Herbert T. Matayoshi County of. Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. _ 184 __ passed by the County Council en second. and final. reading. ~~~~_~7.~~~r~. COLTNT~' CL,Z:RK Encl. Dated: