HomeMy WebLinkAboutORD 1975-176BILL NO. 1~5
COUN7CY OF HAWAII - STATE OF HAWAII
~~ ~+
ORDINANCE NO. ~ ~
AN ORDINAN
(ZONING CO
THE DISTRI
(A-la) AT
BE IT ORDA
SECTI
Hawaii Cou
AMENDING :iECTION 7.20, THE KURTISTOWN ZONE MAP OF CHAPTER 8
3), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING
C CLASSIFICATION FROM AGRICULTURAL (A-5a) TO AGRICULTURAL
,AA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-01:56.
BY THE COUNCIL OF THE COUNTY OF HAWAII:
1. Section 7.20 of Chapter 8 (Zoning Code) Article 2,
Code, as amended, is hereby further amended by adding
thereto th following ;subsection:
"7.20 (c ). The district classification of the following area
situa ed at Olaa, Puna, Hawaii, shall be Agricultural (A-la):
Begin ing at the ;Southwest corner of this parcel of land on the
south asterly side of Old Volcano Road, the coordinates of said
point of beginning referred to Government Survey Triangulation
Stati n "OLAA" being 3473.23 feet South and 1667.31 feet West,
thenc running by azimuths measured clockwise from true South:
1. 1~1° 20' 60.00 feet along the southeasterly side
of Old Volcano Road;
2. T ence along the southeasterly side of New Volcano Road, F.A.P.
No. F-2 (4) on a curve to the right
with a radius of 1392.40 feet, the
chord azimuth and distance being
213° 17' 38", 192.13 feet;
3. T ence along the southeasterly side of New Volcano Road, F.A.P.
No. F-2 (4) on a curve to the right
with a radius of 1869.95 feet, the
chord azimuth and distance being
219° 45', 163.13 feet;
4. 2 2° 15' 74.47 feet along the southeasterly side of
New Volcano Road, F.A.P. No. F-2(4);
5. 3 2° 08' 495.45 feet along Grant 4969 to Mai, being
also along Lot 9, Olaa Homestead
Reservation Lots;
6. 6° 20' 294.90 feet along a portion of Grant 4860 to
S. Pali, being also along Lot 17,
Olaa Homestead Reservation Lots;
7. 1 6° 20' 236.50 feet along the remainder of Grant 4881
to Kaoi, being also along the remainder
of Lot 18, Olaa Homestead Reservation
Lots;
8. ~~6° 20' 170.25 feet along same;
9. 1(~1° 20' 200.00 feet along same to the point of
beginning and containing an area of
4.078 Acres.
'PAll as outlined in red on the map attached hereto, marked
Exhib~_t 'A' and by reference made a part hereof."
SECTI~N 2. Section 1 of this ordinance shall take effect forthwith
upon the conditions that (A) the applicant submit a subdivision plan and
secure tenl~ative approval within one (1) year from the official date of
adoption o$ the change of zone. The applicant shall also be responsible
for securing final subdivision approval; (B) a minimum of two (2) acres
of the three-acre lot to be subdivided be put into agricultural use within
three (3) ~~ears of receipt of final subdivision approval; and (C) a
payment of !,fee for park and recreational purposes for the area shall be
required a~, the time of subdivision approval, using the standards and
guidelines,of the Park Dedication Ordinance. Should any of the foregoing
conditions not be met, rezoning of the area to its original designation
may be ini~.iated.
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.
SECTId>N 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
/ U' ')'yf~tf~ TGC.~t~t.~/
COUNCILMAN, COUNTY O HAWAII
Hilo, Hawaii
Date of Introduction: NovPmbPr lQ, lc~7s
Date of Add>ption: December 3, 1975
Effective bate. December 8,-1975
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AMENDMENT TO THE ZONING CODC-
AMENDMENT NO. ~' OF CNAI°TC-1e. 8 (ZONING COfJC~,
~'.ICTIC.I_I° c., SE°cTION 7_ZO, Tl--t>= KUI~TISTOwiV zONC-
MAI°, (CHANGING THC- I~15T21CT CI_ASS]FICATION
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AMENDMENT_ TO_TNE ZONING COpE
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AMENpMENT Nc7_ ~ of CHAI°TC-2 g (ZONING COr~E~,
AIETICt__L. z, SECTION 7.zo, TH>= KUI~TISTOwN zONC-'
MAI°, CHANGING THE UlST2.1CT Ct_ASS]FICA1`ION
r"~ON1 AG2tCULTUIP_AL t'A-So~ '~'O AGIC~ICUt_'j'UIP~AL.
(A-lo~ AT OL.A/~. , I°UNA ~ HAWAII.
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CXH1191T "A
CHANGE O]? 'LONE: YOSHITP.KA ASAYAMA
The applicant, Yoshitaka Asayama, is requesting a change of
zone for four (4) acres of land from an Agriculture 5-acre (A-Sa)
to an Agriculture 1-acre (A-la) zoned district. The area in ques-
tion is situated along the makai :;ide of the Volcano Highway, across
from the Kurtistown Park and approximately 1,000 feet Volcano side
of Sako Store, Olaa Homestead Reservation Lots, Y.urtistown, Puna
(TMK: 1-7-01:56).
In request of the change of zone, the applicant intends to
create al--lot subdivision consi"sting of 1-acre and 3-acre in
sizes.
The General Plan land use pattern allocation guide map desig-
nat.es the area for Low Density Urban Development. Such a designa-
tion may allow single family residential uses at a maximum density
of four (4) units per acre. Tire State Land Use district classifi-
cation :is Agricultural. For the Commissioners' information, during
the recent 197~k State Land Use Commission's 5-year boundary re-
view, the applicant did submit a letter of intent to reclassify the
land from an Agricultural to an Urban. The State Land Use Commission,
however, rcj-ec#:ed the request.
The subject land consists of Hilo and Y.eaukaha soils. The Hi].o
series consi-sts of very deep, well drained, silty clay loam soils.
In a typical profile, the surface layer. is about 12 inches thick
while the subsoil extends to a depth of over 70 inches to unconforar
ing bedrock. Hilo soils are low in fertility, however, they respond
Change oi° Zone: Yoshitaka Asayama
Page 2
to fertilization. These soils are always moist as they have a
high moisture holding capacity. Permeability i.s rapid and the
erosion hazard i.s slight.
The ICeaukaha soil series consists of very shallow, well
drained organic soils. The surface layer is about 8 inches thick.
Solid rock outcrops occupy 25 to 50 percent of the surface.
The slope range of the area is between 0 to 20 percent, and
the rainfall ranges from 120 to 180 inches annually.
Pre:,entl.y, situated on portion of the property is a single
family dwelling while the remaining area is vacant. Surrounding
land uses include single family dwellings, ICurtistown Park, Sa3:o
Store and Service Station, and sugar cane lands. The adjacent
.`I"~f..: e s
lots ~n~i:he Hilo side and across the highway are zoned for Single
Family Residential - 20,000 square foot (RS-20). There are also
RS-10 zoned.lands in close proximi.t.y. The adjoining areas to the
rear and also to the ~~olcano side of the property are zoned as A-5a..
All essential utilities, including an 8--inch water line, are
available to the area. According to the Department of Public Works
and the Soil Cw~servation Service, there is a drainage way which
traverse:; the southeast erid of the property.
All other cooperating agencies had no comments on or objec-
tions to the subject request.
In i''urther support of his request, the applicant has stated
the following:
Change of lore; Yoshi.taP:a Asayama
Page 3
"I, along with my wife, jointly own the subject land
located in Y.urtistown with an area of 4.078 acres, more or
less, and bearing Tax Map Kcy Number 1-7-O1:SG. We presently
reside on one end of the lot and do not presently farm on
the land. ATe want to reta.i.n our residence on an acre portion
of the land and transfer title to the, remaining acreage to
our daughter arzd son-in-law, Mr. and Mrs. Robert Kanno of
Hilo. The present zoning classification of the land prevents
thi:a subdivision. If both the zoning change request and
proposed two-lot. subdivision is approved, the Kannos plan to
farm various crops on their portion and thus increase the
agricultural usage of the land. This planned agricultural.
usage of the land by the Kannos is consistent with the stated
goa:L in the General Plan of protecting and maintaining agr.i-
culture lands on the island of Hawaii (Gen. Plan, p. 82).
Th,e two land units created if our request is granted is well
within the present density requirements. No increase in
government services or. improvements would be necessary if oar
app:Lication is approved." ,
/h.,Y ;~ew~,. ~ .new a•
PLANNING DEPARTh1ENT
County of Hawaii
APPLICATION FOR CHANGE OF ZONE
Name of Applicant: YOSHITAI{A ASAYAi^,A
(print or type)
(I) ~BC~ hereby reauest an amendment of zoning to change the present
classification in a(n) A~;r.iculture 5-acre district into
a(n) Ar~riculture 1-acre district in accordance with
provisions of Section 3II, Ordinance TJo. 63 of the County of Hawaii
for the following reasons:
Submittals: Petitioner shall submit sixteen (16) copies of the appli-
cation. ancl'location/site plan drawn to scale, and one (1) copy of the
questionnaix•e.
Petitioner's interest in subject property: (State if owner or
lessee*)
point o:~rner with tivife.
*tmist be for 5 years or more
tioner's reason(s) _~
e:
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 <<nd at the Hawaii County Planning Department.)
See attached.
b. Please state any other reason(s) for your request.
The application shall be accompanied with a deposit of $100.00 to
cover publication and administrative costs.
Signature Cs~„~,~.r-~-~ ~u'~ °~`"`'~~3v,'ner
F ame Title
Address P. 0. Rox 3~~ hurtistovrn, Havra.ii X16760
Telephone 966-9139
PD:6/73
ATTACHI~II;ITT
Agricultural Rezoning
PLAITIIIP?G DEPARTi-IhI~T
COUD]TY OF HACIAII
APPLICATIODT FOR CI-1<'~[dGi; OF ZONl;
1, If your request is approved, do you intend to subdivide
the subject land in accordance caith the approved change
of zone? Yes
If wes, please answer the rest of question 1 and then to
question 3,
a, How many acres of the requested area do you intend
to subdivide? Entire
1 lot -I-acre
b, Into what lot sizes? 1 lot - 3•~'l~ ac.
c, If your request is approved, approximately hoca long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? Immediate
d, Do you intend tc build houses on the newly created
lots? i1o
If yes, please answer the follotaing questionse
On how many of those lots? N/A
At what approximate price range? House N/A
Lot ~~_
Total N/A
Approximately how long, after approval of the
subdivision, would the first house be available
for occupancy? N/A
If you intend to subdivide, please submit a preliminary
sc.lematic subdivision plan together with your change of
zo:~ie application form,
2, If you have no firm plans of subdividing the subject area,
do you intend toe
a, Sell or lease the land to someone who has firm plans?
b, Sell or lease the land to someone who has tentative
plans ?
c, Sell or lease the land to someone who has no plans?
d, Keap it? __
e, Other (please state)
f, Tf you intend to do either a, b, or c, please
elaborate on the kind of plans the other party
has, Please, also, include in our answer
approximately how soon after ap~rova7. of your
rezoning efo you expect to transfer the subject
land to another party, Nip
3, Do you think that your request and your further
plans for the land will alleviate the local
housing situation? No
Ho~~?
4, Are there any 'buildings, on the subject area? Yes
If so, what kind.?
Single i'ai?;ily residence
flhat do you in1=end to du with those buildings if
your request i;~ approved?
Continue :^esidence therein
5, Is L-he subject land currently being used for any
agricultural activity? Ido
If so, please ]_ist the kinds of products grown and
on ~hocr many square feet or acres of land per product,
I1/A
6, Was your request to allow for the creation of smaller
agricultural lc>ts? Yes
If so, did your plan include the following
considerations?
a. Commodity t.o be produced?
fVhat kinds of commodity?
lliversified agriculture
Yes
-2-
b, Suitability of the proposed lot-size for that
commodity?
c, Sufficient farm size to allow reasonable chance
of success in commercial agriculture?
d, Agricultural leases or other forms of asstsance
that potential buyers or leases would put the
subject area into some form of agricultural use?
Please state the proposed type of arrangement,
My daughter and son-in-law (17r. and Mrs.
Robert Yanno of Hilo) plan to farm the 3 acre
portion of the proposed subdivision.
Yes
Yes
Yes
Please submit your agricultural plans for the ~;ubject
area and present evidence of consideration of the above
requirements together with your request for a change of
zone,
(>ee reasons ibr requesting zoning. chan~c.)
If you do not intend to subdivide the subject land for
some sort of agricultural purpose, please state your
other reasons,
Td/A
7,. To your ]cnoorledge, has there been any flooding and/or
drainage problem on the subject area?
If so, please c9escribe the problem,
8, Do you think that the roads leading to the subject
area needs improvements?
If so, what kind?
Is the road adequate for the proposed traffic .volume
or load?
No
?J o
Yes
_3_
9, P1Yiat sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
Yes Ido
a, Schools X
b, Roads X
c, sewer X
d, Drainage X
e, Police Protection X
f, Fire Protection X
g, Recreational Facilities }~
h, Public Utilities Y.
i, Other }:
For those chec}:ed "yes", please elabcrate cahat type or kinds
of improvements and/or assistance are needed,
Signatures c,.-G,,,ti.«.~~tr ~~~ _et_,~,_,c~
Address: P. 0. Pox 34, Kurtistovrn, Hi 90760
Telephones 966-139
Dates t/~ ~S
-~-
Hilo, Hawaii
Date: Nnvemh~=r 14 1.4 ~5
FIRST READING
AYES NOES A/E
Car enter x
De Luz v
Fujii X
Hisaoka v
Kawahara
Lai yt
Lavin X
Yadao X
Yamada }:
P 1
Publication Date:
Ni;'v ...~ Li';;
Hilo, Hawaii
Date: nPr`PT~ICr ~ l0'1G
SECOND & FINAL READING
AYES NOES A/E
Carpenter X
De Luz X
Fujii X
Hisaoka X
Kawahara X
Lai X
Levin y,
Yadao___, ~
Yamada_ ~
8 1 1
Publication Date:
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
\~~
~~/7SA%e~j / Council Chairman
GS J~/ /~ ^
~/ ~
J Z/j /~ County Clerk
Approved/Giwr*raweJ }his r+ ~_ ___day'of/
Mayor, County of Nawaii Referente:~F11.6?PRDLC-62
/ M.B. No. / ~ -
/vim Ord. No.
R111 rTn. 1qS _ lo7S
AN QRDINANCR ~MENDIN~' ~SRCTION x.20, THR KLJRTISThWN 7,ONF MAP OF
CHAPTRR p !r;ONINr rOi~E), ?.RTICLE 2, HAWAII COUNTY CnDE, AS AMENDED,
BY CHANGING THE, nISTRICT CLASSIFICATION FRAM AGRICUL,Ti1RAi (n_5a)
TO AGRICUL-T1JRAi_ f )1-] :~) AT OLAn , PUMA , Ha ~AII , COVF,RFD HY TAX MAP
ThiG ijil ~ am~~nd^ '"hn Kurti ^tnwn 7nnn Man of t}ln i;nnin^ r-~.~n.
naf~ Tnt~-ndurnd~ Nm~Fm}~Ar 10 ln~~
Cnr,i PG n° thn +"or~.7n; n~ Ai 71 i n Hall , are or f; l n i n thy' Offi ~•n
of thn Coumv Clnr!- +=nr u~P an!~~nxaminatinn by thA nuhli_r.
I hornhy nnrtify 1-1~at t}in fnrnn(tin,-? })1.11 naccn.7 F:.rct Yna'lin%. at
the TPPtinn of thr• r'nunty Cnt~n.-il on Novnmbor ]n, 1Q~s, ~y the -
fnllnwi^!~ ave an~7 n., votP•
pyr.c; C„^nciimen Carp~~nt!:r Dn Luz F'niii Hi~anka, Kawahara,
i.ai• Y~(ian ,nrl Chairman Yamada -- R.
NOES:^-'anti loran I:evjn i
~-
D1~.:PUTY COUNTY CI .R
COUNTY OF H~GTnI
ORDINANCE NO. 176
(Bill No. 185-1975)
AN ORDINA]CE AMENDING SECTION 7.20, THE KURTISTOWN ZONE MAP OF
CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED,
BY CHANGI]JG THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a)
TO AGRICULTURAL (A-la.) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP
KEY 1-7-OL:56.
Date Approved: December 3, 1975
Date Ei`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 reading at the meeting of the County Council on December 3,
1975, by the following aye and no vote:
AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara,
Lai, Yadao ;end Chairman Yamada - 8.
NOES: Councilman l;evin - 1.
/~\ /'~ ,
COUNTY CLERK
COUNTY OF HAWAII
71 F ...
,.y r .~k
~~ r"1~ ~7'i,1
'` ..s r
TPU T. SUZUKI ~+`~ ~J
COUNTY CLERK r~~y~_, aei' Robert Shioji
o~,Y-~' DEPUTY COUMY CLERK
C1FF1(~EE C7F THF_ COUNTY L.L.E~2K
COUNTY OF HAWAII
IdILO, HAWAII 9b720
Mayor Herbert 2'. Matayoshi_
County of Hawai i
Hilo, Hawaii
I hereby transmit Ordinance Bi_11 No. 185
passed by the County Council on second and f.i;;al
reading.
~~~
COt"~T`_' CLERI:
~:acl.
Dated: [JEC n 1976