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Home My WebLink AboutORD 1975-179BILL NO. 190 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO.� AN ORDINANCE AMENDING SECTION 7.26, THE NAALEHU ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTIC E 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATI N FROM SINGLE FAMILY RESIDENTIAL (RS -10) TO MULTIPLE FAMILY RESIDENTIAL RM -3) AT KAHILIPALI NUI, KA'U, HAWAII, COVERED BY TAX MAP KEY 9-5-21:15 (P rtion). BE IT ORDAINUD BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION11. Section 7.26 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code,las amended, is hereby further amended by adding thereto the following suosection: "726('; ). The district classification of the following area situate at Kahilipali Nui, Ka'u, Hawaii, shall be Multiple Family Residential (RM -3): Beginni g at the southwest corner of this parcel of land, being a point o the north line of proposed Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "STEIN 2" being 1063.31 feet South and 4418.00 feet West, and running by azimuths measured clockwise from true South: 1. 1 80 11' 58" 765.16 feet along the remainder of R.P. 6882, L.C. Aw. 9971, Apana 10 to W. P. Leleiohoku to the south- west corner of Lot 1, Naalehu Subdivision, First Series; thence along said Lot 1 for the next 3 (three) courses: 2. 2 50 35' 113.04 feet; 3. 1 50 35' 57.43 feet; 4. 1 2° 42' 15" 5. 2 90 49' 30" 6. 2 70 01' Thence along a curve to the left, having a radius of 20.00 feet, the chord azimuth and distance being: 27.22 feet; 43.49 feet along Mamalahoa Highway; 45.65 feet along Mamalahoa Highway; Thence along a curve to the left, having a radius of 20.00 feet, the chord azimuth and distance being: 7. 10 18' 28.64 feet along Lot 2, Naalehu Subdivision, First Series; Thence continuing along Lot 2, Naalehu Subdivision, First Series, for the next 2 (two) courses: 8. 3$5° 35' 61.34 feet; 9. 2�;5° 35' 114.00 feet; Thence along Lot 3, Naalehu Subdivision, First Series, for the next 3 (three) courses: 10. 2�>0° 21' 113.97 feet; 11. 17100 21' 63.99 feet; Thence along a curve to the left, having a radius of 20.00 feet, the chord azimuth and distance being: 12. 1�.4° 02' 30" 28.92 feet; 13. 287° 44' 90.09 feet along Mamalahoa Highway; Thence along a curve to the left, having a radius of 20.00 feet, the chord azimuth and distance being: 14. 340 02' 30" 27.63 feet along Lot 4, Naalehu Subdivi- sion, First Series; 15. 3�0° 21' 845.07 feet partly along Lot 4, Naalehu Subdivision, First Series, and partly along the remainder of R.P. 6882, L.C. Aw. 9971, Apana 10 to W. P. Leleiohoku; 16. 860 23' 40" 44.25 feet along proposed Hawaii Belt Road; 17. 3560 23' 40" 5.00 feet along proposed Hawaii Belt Road; 18. £6° 23' 40" 501.84 feet along proposed Hawaii Belt Road to the point of beginning and containing an area of 8.8680 Acres. "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 that (A) the area be zoned in two (2) increments. The first increment shall consist of 5.8 acres, and the second, the remaining area. SM The effective date of zoning for the second increment shall be after develop- ment has occurred in the first increment. Development is defined as building permits issued and construction completed for fifteen (15) percent of the total number of units proposed for the entire area of 8.8 acres; (B) the method of sewage disposal shall conform to the rules and regulations of the State Department of Health; (C) the applicant be responsible for fulfilling the fire protection and water system requirements of the Department of Water Supply and the Fire Department; (D) the setting aside of land or a payment of fee for park and recreational purposes for the area shall be required at the time plans are submitted for a building permit, using the standards and guidelines of the Park Dedication Ordinance; and (E) all other applicable rules and regulations, including the "Plan Approval" process be complied with. Should any of the foregoing conditions not be met, rezoning of the area 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: L COUNCILMAN, COUNTY OY HAWAII Hilo, Hawaii Date of IntrDduction: December 3, 1975 Date of Adoption: December 17, 1975 Effective Date: December 22, 1975 -3- �o Kan_ l:. OF1'rr_', 1 �s �61NGLE Ff1M1LJ �� J8ES1C7ENTIAL ,` ��'� (25^-10) TO MU4,T1PLE FAMILY 10E51V5NTIf)L (QM -3) A2EA 6.86$0 HG2E5 N- re I,OG.3. JI 5 4,416.00 W `5TC f ti 2 AM�NlJN1EN'T TO TSE ZOI`IIIYG G01J AMENOMEHT IYO. 2 OF CHAPTER 8 (ZONING GOdE), AZTICLE 2, SECTION 7. 20, THE IVAALEHU ZONE MAP, CHANGING THE OtCTZICT CLAeOIFICATIOPI FROM 3/NGLE FAMILY ZESIOENT/AL (Z -10) TO MULTIPLE FAMILY RES/UENTIAL (2M-3) VIT K.RHILIPALI NUI, IGA'U, NAVYAIJ. VA`E OF i�UBL.'G f1EA21NCr CONTE OF AF')—,2CY-qL' OZZINANCE P2Ei'A2E17 .8Y' PG AN.Nl.NG C7EPAICTMENT COUNTY CF HAWA71 I-nx ^Ar' n,er V - s- er 1s,ro� I . Nt!enlT A` /!., " Tc 1 �■ To K -�- MHMALBHOA 1{IGHI�JAY '61NGL£ FAMIL✓; - ICSS1GE11lTIAL �"/ (25 -Io) TO ft7ULTfPZ E FAMILY fCB51VENTiAL (!ZM-5) AIZEA; 15.45G&O t9CZE5 NOTE ice Ord. No. I l9 fer , � � l�ya( deecrip Pion of fPots , ,�� chw,ge of _ont- /• i From-ostd Hawaii 1:3cIt .eoaci ;�_. "`.._ ML -2o . 5v -15 AMS NlJl�l E N'T TO T�-�'E ZOMIIYG GO J� ro Pphal� .� AMENOMENT NO_ E� OF CHAP7-E2 8 (ZONING CODE), MET1CLE 2, OECT10N 7. 20, THE 1VAA4.EHU LONE MAP, CHANGING THE DISTR/CT CLAZeIFICATICN rZOM SINGLE FAMILY &F- 510ENTIAL (25-10) TO MULTIPLE FAMILY ZE51DENTIAL (2M-3) AT KRHIL1PALi NUI, !GA'U, HAVYAII_ VA -I S OF 1=LlaL.1C f-fEA21N0: Ix -11^-75 DATE OF APP20YAL Ot8plfYRNGE NO. 17 of P2Er'A2Et7 ,9Y° PLANNlNQ .06PAICTMENT COVA'T✓ 01� HAWAII EXHIBIT 'A' q J 1 t_ Ill ;}lrvAY Mmm�Llt rron , 61NGL� F{�MlL✓ r�ESTL�ENTIAL (I25--10) TO ft7ULTTPLE FAMILY �$STK7�NTlAL (fZM-3J Ali=E1� S.BG$O AG2E5 n�_re ...ca 011( No- I'll _ for leya! dGacr-iF,M1orof !d. i� �.r5 nt� IN ML- J Pros a>oci flwwa�r ;3cf( 12o.�a ' 4 5 F 5 ll :q}r W :i 3h. r F_ T Konr, q J 1 t_ Ill ;}lrvAY Mmm�Llt rron , 61NGL� F{�MlL✓ r�ESTL�ENTIAL (I25--10) TO ft7ULTTPLE FAMILY �$STK7�NTlAL (fZM-3J Ali=E1� S.BG$O AG2E5 n�_re ...ca 011( No- I'll _ for leya! dGacr-iF,M1orof !d. i� �.r5 nt� IN ML- J AMENOMENT TO 7-,r= ZONING GOOE AMENDMENT NO_ z OF CHAPTE2 8 (ZONING CODE), ARTICLE 2, SECTION 7 ZO, THE IYAALE19U ZONE MAP, CHANCING THE 015TRICT CLA55IFICA71011 FROM 31NGL,E FAMILY CF-5/0ENTIAL (25-10) TO MULTIPLE FAMILY 2E51VENTIAL (2M-3) AT KAfY1LlPALI NUI, lGA'Ll, HAWAII. VAT_ OF PU5L1C tfEAIVM5: °C -N-75 DATE OF APP20YAL O(LpfhIANCE NO. I'7� P2Ef 'A2Ei7 BY= P:,RNN/NG .OEPA/GTMENT COVNT?l O?� HAWAII TAX MAP KEY= D-5, 21- 19 (Per EXHIBIT 'A" Pros a>oci flwwa�r ;3cf( 12o.�a ' 14 'fA y h re .^ :i AMENOMENT TO 7-,r= ZONING GOOE AMENDMENT NO_ z OF CHAPTE2 8 (ZONING CODE), ARTICLE 2, SECTION 7 ZO, THE IYAALE19U ZONE MAP, CHANCING THE 015TRICT CLA55IFICA71011 FROM 31NGL,E FAMILY CF-5/0ENTIAL (25-10) TO MULTIPLE FAMILY 2E51VENTIAL (2M-3) AT KAfY1LlPALI NUI, lGA'Ll, HAWAII. VAT_ OF PU5L1C tfEAIVM5: °C -N-75 DATE OF APP20YAL O(LpfhIANCE NO. I'7� P2Ef 'A2Ei7 BY= P:,RNN/NG .OEPA/GTMENT COVNT?l O?� HAWAII TAX MAP KEY= D-5, 21- 19 (Per EXHIBIT 'A" PLANNING DEPARTMENT County of Hawaii APPLICATION FOR CHANGE OF ZONE Name of ApIDlicant: Brewer Support Hous (print or type Inc. (I) (Ile) hereby request an amendment of zoning to change the present classification in a(nl RS -10 district into a(n) PAA -3 district in accordance with provisions of Section 38, Ordinance No. 63 of the County of Hawaii for the following reasons: To provide attractive rental units at a reasonable rent and possibly condominiums for sale as alternates to owning a single family residence or renting a dilapidated plantation house. Also, there is a shortage of rental housing in Ka'u. Submittals: Petitioner shall submit sixteen (16) copies of the appli- cation and location/sate plan drawn to scale, and one (1) copy of the questionnaire. Portion TMK 9-5-21-15, - 8.869 Ac. 's interest in subject property: (State if owner or Owner *must be for 5 years or more Petitioner's reason(s) for requestinq a change 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.) Providing modern rental units at a reasonable cost is consistent with the General Plan. Goal of providing multifamily residential developments that maximize convenience for its occupants. Availability of rental units for the new comer or the temporary employee in Ka'u will hasten the elimination of substandard plantation housing. 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. Signatur rnest A Smith Vice President/Manager Name Title Address P. O• Box 1801, Hilo, Hawaii 96720 Telephone 935-6671 . Date: � .i � E. �<�� PD:6/73 RF7.ONING: BREWER SUPPO I' HOUSING, INC. The applicant, Brewer. Suppo,t Housing, Inc., has requested a change of zone fror a Sinqle Family Residential - 10,000 square foot (RS -10) to a Multiple Family Residential - 3,000 square foot (RM -3) zoned d:_strict for 8.669 acres of land. The property in question is located between Mamalahoa Highway and the proposed Hawaii Belt Highway; directly across the Latter Day Saints Church, approximately 110 feet Rona side of the State Office Building in Naalehu, Ka'u, (`.CMK: 9-5-2.1:15). The purpose of the request is to allow the development of low and medium rental units and possibly condo- minium units. For the Commissioners' information, as well as the applicant's information, should the area be used for the development of a condominium project, then a Planned Development Permit must be applied for. This would necessitate the submission of an Environ- mental :Impact Statement (EIS). The General Plan Land Use pattern allocation guide map desig- nates this area forMedium Density Urban Development. This designai_ion may allow multiple residential development at a density of 35 to 11.6 unite; per acre. There are presently no multiple residential zoned lands in Naalehu. Presently, the land is vacant of any structures and not in use for any agricultural activity. Surrounding land uses include the Church of Latter Day Saints, Hawaii Assemblies of God Church, State office Building, Naalehu Shopping Center, single family dwellings, and other vacant lands. Rezoning Brewer Support dousing, Inc. Page 2 The Naalehu soil series consists of well -drained silty clay loams that formed in volcanic ash. On a representative profile the surface layer is about 20 inches thick; the upper part of the subsci1 is about 1.1 inches and the lower part about 22 inches thick. Runoff is slow, and.the erosion hazard is slight. The hunaluu soil series consists of well -drained, this, organic soils over pahoehoe lava bedrock. Rock outcrops occupy 40 to 50% of the surface. In a representative profile the surface layer is peat about 4 inches thick and is underlain by pahoehoe lava bedrock. The peat is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. The soil is used for pasture. The :Land slopes from 0 to 20 percent, and receives 40 to 50 inches of rainfall annually. In support of the request, the applicant has stated the following reasons for the change of zone: "To provide attractive rental units at a reasonable rent and possibly condominiums for sale as alternates to owning a single family residence or renting a dilapidated plantation. Also, there is a shortage of rental housing in S.a'u. "Providing modern rental units at a reasonable cost is consistent with the General Plan goal of providing Rezoning Brewer Support Hous:ing, Inc. Page 3 multi -family residential developments that maximize convenience for its occupants. "Availability of rental units for the newcomers or the temporary employee in Ka'u will hasten the elimination of substandard plantation housing. "Brewer Support Housing, Inc. will look for a developer interested in developing low and medium rentals under Farmers' Home Administration or similar financing. If we cannot find an interested developer, we will consider doing our own development." All essential utilities, including an 8 -inch water line, are available to the area. Upon review of the request, the Department of Water Supply had the following comments: "At this :immediate date, we see no apparent adverse reactions to this rezoning request. The applicant shall be obligated to fulfill the subdivision water requirements at the time of subsequent subdivision application and/or to fulfill the fire protection and water system require- ments at the time of plan approval." The Ka'u Soil and Water Conservation District feels that Ka'u District needs more multiple units than presently exist. Upon review of the application, the Department of Parks and Recreation had the following comments: "We understand that C. Brewer will be dedicating land for use as an extension to Naalehu Park and will request credit for. this land whin their surrounding lands are developed for residential use. Your confirmation of this will eliminate the need to dedi- cate laid or monetary fees for the proposed rezoning. There will, however, still remain the need to determine how much credit will be allowed." All other cooperating agencies had no comments to or objec- tions on the subject request. Rill Nn, lgll - lg7s AN nRDTN;INCF AMFNDTNG SF,C'TTON 7.2ti THE NAAT,FHU ZONE MAP ^F CHAPTER 11 (TONING rnDF) ARTT! T,F 2, HAWATT ('OUNTY CODE. Al; 11MENDFD BY CH?.NG--Nr THE DTSTRTCT rI.7AS9TFIrATTON FROM .STNGT:F FAMTTY RF.STDFNT:AT (RS -10) TO M.UT,TTPIP FAMILY RFSTDFNTTn.T (RM -3) A^' KAHII.TPAI,T NUI, KA'U, HAWATI, "VF,RFD BY TAX MAP vFY q-r�-21 Ir Thi ^ Thn Nail ^h11 ;nn= nn �n -,f the 7,^n i 1r rnar, D?tR nt^nra Tlr r,A- Tlo-nmho+ 'j 1o']C I ,.n�i n�• ,.a t}]n cnr:.rt..i-.., Rill in fllll are F _ r>n il^ jn thF Offi^a l,V thn rWllir- T hr.,,-c•l,V •.P-};fV f}]a} 1-}lp Fn -n..ninry Rill n.�c,-pA l'; rc4 r A �f Inn the morti nn thrp r ,11ntV rnllnni l l^•, DF'n cm},P"' 1 R7S J^ a^ Tln T117, T''11;ii jli,.�,�,,.-, 4' T NJIrc. rIr, Tom..;,, _ 1:YrUSrT1 :RnM `MTTNr. rn,l.., .; 1-�q, •--n^^t., ,- _. 1 ��i��' �� ('nUNTY r'T rRt; rnT7NTY nP Hq','�TT AS T11h�q l7NMrR151M NAMMu Sans Mp ar Rw Cade Mcsmbw i, MS QpBIM at co W Sabi, EIII', In w W wa d tM CI Ot by GMItiFy C . ter ue Ana a I,., by 1M publk.. I hereby c tily Wet the forp", Bill aeSud }RN r MAI me mN11p of Me Ceun1Y Coon II an 111Cember 5, 1915, by Ine ""owl" nM m vote: Ares: nmwi DI Lu:, FuIU,' NiaeoSe,. X Mere. Lol, yeGe> aiw chairmr, y W — 1. NOES: C %Nmu1 LNq — 1. EXCUSED�""FROM VOTING: Com Ulmeq CarpNnw-1. (15F-64Aweil'Ti Drc. 1,. IM) l ORDINANCE NO. 179 (Bill No. 190-1975) AN ORDINANCE AMENDING SECTION 7.26, THE NAALEHU ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS -10) TO MULTIPLE FAMILY RESIDENTIAL (RM -3) AT KAHILIPALI NUI, KA -U, HAWAII, COVERED BY TAX MAP KEY 9-5-21:15 (Portion). Date Approved: December 17, 1975 Date Effective: December 22, 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 17, 1975, by the following aye and no vote: AYES: Councilmen De Luz, Fujii, Hisaoka, Kawahara, Lai, Yadao and Chairman Yamada - 7. NOES: Councilman Levin - 1. EXCUSED FROM VOTING: Councilman Carpenter - 1. iw wa..u'rnw.vrrra: u.o. a, torsi COUNTY CLERK COUNTY OF HAWAII Hilo, Hawa=_i Date: no r mti o q 1 a7S FIRST READING AYES AYES NOES A/E Carpenter FX EX De Luz X X X Fujii X Kawahara Hisaoka X Lai Kawahara X Levin Lai X Yadao Levin X Yamada Yadao X 1 7 Yamada X 1 _ 1 7 December- 8, 1975 Publication Date: —_ —__ Hilo, Hawaii Date: Dpremhpr 17 1975 SECOND & FINAL READING AYES NOES A/E Carpenter FX —De -Luz- Fujii Hisaoka X X X Kawahara X Lai X Levin X Yadao X Yamada X 1 1 7 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Council Chairman 4\ County Clerk S I Approved/Dimpp this— ._� �'� .—day of Bill No. x_90_.._.. _ _ Reference:�iz31/PRDLC-63 Mayor, County of Hawaii M.B. NO. -'-^'pt., - —. Ord. No. Ted T. r)uz-jki COUNTY CLERK Robeil Shiop DEPU1Y COUNTY CLERK OFFICE OF THE COUNTY CLEF114C COUNTY OF HAWAII HILO. HAWAII 96720 Playor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. 190 passed by trie County Council or) second arid final readinu. Encl. Dated: COUNTY CLERK