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Home My WebLink AboutORD 1976-207 1976-1980,- BILL N0. 221 ORDINANCE NO. __20'7 AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HILO ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO AGRICULTURAL (A-la) AT WAIAKEA HOMESTEADS, SECOND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-03:16 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 7.29 of Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended, is hereby further amended by adding thereto the following subsection: "7.29(tt). The district classification of the following area situated at Waiakea Homesteads, Second Series, Waiakea, South Hilo, Hawaii, shall be Agricultural (A-la): Beginning at a pipe at the northeast corner of this parcel of land and at the southerly side of Kawailani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAL" being 12,437.27 feet South and 1,023.32 feet West and running by azimuths measured clockwise from true South: 1. 355° 40' 2. 85° 40' COUNTY OF HAWAII - STATE OF HAWAII 360.01 feet along remainder of Lot 721, Grant 12194 to Munemitsu Gakiya; 222.39 feet along remainder of Lot 721, Grant 12194 to Munemitsu Gakiya; Thence along remainder of Lot 721, Grant 12194 to Munemitsu Gakiya along a curve to the left having a radius of 325.00 feet, the chord azimuth and distance being: 3. 147° 58' 10" 76.84 feet; Thence along remainder of Lot 721, Grant 12194 to Munemitsu Gakiya along a curve to the right having a radius of 375.00 feet, the chord azimuth and distance being: 4. 144° 19' 48" 41.21 feet; 5. 85° 40' 204.47 feet along the remainder of Lot 721, Grant 12194 to Munemitsu Gakiya; 6. 175° 40' 256.79 feet along a portion of Lot 722, Grant 11,608 to Raymond Sekido to a pipe at southerly side of Kawailani Street; 7. 265° 40' 464.00 feet along the southerly side of Kawailani Street to the point of beginning and containing an area of 3.443 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 applicant, Frank Frenz, submit a subdi- vision plan and receive tentative approval within one (1) year from the date of approval of the change of zone request. The applicant shall also be responsible for securing final subdivision approval; (B) construction of a single-family dwelling be completed on one (1) of the lots within three (3) years upon receipt of final subdivision approval; (C) a 10-foot strip be delineated and set aside along Kawailani Street for future road widening purposes; and (D) in subdividing the area, the applicant shall take into consideration the future traffic circulation scheme for the Waiakea Homesteads area on file with the Planning Department. 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. -2- SECTION 4. This ox-dinance shall take effect upon its approval. IP7TRODUCED BY i _ COUNCILMAN, COUNTY F HAWAII Hilo, Hawaii Date of Introduction: b'!ay 7, 1976 Date of Adoption: P".ay 20, 1976 Effective Date: Mav 26, 1976 -3- 1 to !EB-Is A-bq A-Iq A-3o _'~~~--~ 'fleUC_ Nole'f-hY ~~.- les-io SCAL@-1 S"- ". pp. A- Iq ~ 25-rc lE'S. i5 A-3q ~S-~O .W1 ~s is NC ~~•I ~ tc`' 1 ~s I A-3q AGIEICULTUICAL (A 30) ~ A-~'° '" l l l l ~fi"i I I I I 1 'T'O AG2IGULTUIF'-P.1_ (A-IQ) LAU NA ST'R'C AIeEA= 3.443 ACMES A-3q ~~ KA ~I A I PI Bud ~-JI -'N /~ 3n _/,j ~~~_ C 9-31. 2"J S 1 'H fa~Al" t ~ A is le '. io A- Ho T.=. -~c ~.S-i0 ~ ~ A-6o A -.39 ~~ ~ ~ \~ l / ~ A 1~/ A ~1 A// I I .. .. IN._:.10 ~ 14 A 3Q .. 15 h.:B9 ~s-.c 2I NOT C- ` A- Iq 4 ~C-C- OIEOIN AN GC- NO. c~-% 1°o R. II LC-QAL OC-SCE-i1~TION ol~ THE Hc,':aMA~ 1 A~OV~ 20N~ CHANQC. AMENDMENT TO THE ZONING CODE AMCNDMC-NT N0.4r O!= CHAI°TC-2 8 (ZONING COUE), AleT1CLC '-c, SECTION 7_z°J, THE CITY OF H1L0 ZONE MAI°, CHANGING THE DISTIP_1CT CLA5511=''!CATION PIE'_OP~I AGIz'-1CUL.TU2AL_ (A-3a) TO AG2I~ULTU1~_AI_ (A-la~ AT WAIAKEA NoMC-STEAC~S, S>=cONO SE2tES, wAIAKEA, SOUTH h--Ilc_O, t-1AYVA11. DATE OP PUBLIC HEAIEINa = JAN. 8, I°J76 PATC- OP APPIeOVAL a MAY ~' ~, I RJ-'6 O IEDINANCC- NO. ~O'7 P0.°C-i°A R'.EO C-jY = PLANNING OCPAIETMBNT coUNTY OF h-IAWAIt TM K = z -4 - 03 ~ 16 (POIC~ MArdCH I CxHI®IT 'A' la IC ~J `-1ffi A-9a Iq A-b le ~-F TEUC NoIC~-ry ~~-~ _ les-io =~CALG~ : L~. 9O0~ A-la I IE'S-i° IC9- ,4 A-3q IES - i0 W ies-is ~I ICS IS AG0.°ICULTt1FHAL (A-3o) A~~`" ~i To f'.G21Cl.JLTUIP.AL (A-iq) ~~ ABC-A= 3.443 AC2H5 q-3q 4372 S -.~y.3C W A-ea A- 30 IC ~, is 1~6 - ~~-Z -i0 ~-~ A. c q 3e A- ~g i o A-~iq A-3a A-_3q P -.~A ~I NoT C- - A Iq IE'.S-,G III 1 ~L~C- 02.p IN AN CE NO.('_~7 I~OIe LC-QAL OC-SCI~°IFTION o(~ THE Fic:~MA"J I A~OV~ 'zONL° CH AN QC. AMENDMENT TO THE ZOt~lING CODE AMCNDMC-NT N0.4co OF CI-1AI°TCfc $ (ZONINS CODE), AfeTICLC 'd, SEir'TION 7_z°~, THe CITY OF HILO ZONE MAI°, CNANGIN~ THE DISTIC3ICT CLASSIFICATION FIeOM AGI8ICULTUR~AL_ (A-3a~ TO AG21CULTUh~iL. /A-1a~ AT WAIAKEA HOMO-STEADS, SECOIVO SC-21eS, WAIAKEA, SOUTH I-'ilt-O, HAy'1All. DATE OF PUBLIC HEAIEINC3 = JAN. 8, 1°J76 17AT C- OP AppleOVAL n h'1 A~ ~ a~ I°>?G O IEDINANCC- NO. ~O-7 P K°C-1°A Ie C-D COY = PLANNING 17 CpAlETMENT coUNTY OF HAWAII TMK Z-4-o3 ~ IG (I°ofe.~ MA2.CH Is, 1 EXHIBIT 'A" Ip ICS-IS A ~° A-le 1° N A-3o °~ ~ ~ I ~ ~ ~ I ~ ~ ~,.-Ile ~'~--+ T1t UC No~T~ !°9-1-~~iCALB L~. .crp0~ I A-3> IES - i0 A-Ip R35-io ICS -Is IES- ~.3 A Ip A-.3° _ _ ICS IS A-9q /~./. IE -1 AGR.°iCULTU2AL (A 30) /~ To AG2ICULTUIEAI_ (A-Iq) ' ~~/„ LAU ^ sT E A2CA= 3.443 ACI~°HS A-8° "~ I;. FA t A l P AC // IJI '3 Boy ICI N s. ~a ./".' les-IS '-'--- HONUA .STIe C--C-- 12,•43~2~ S~ / Q c "c .yam W~" J R. -1S I (ALAI" n J A- y -~ Q of AHA ST ET lc e to A- ~o J les Is .. .. _ .. -.. _ Q Q T =. I ~ Y rr 1rK'.S T10 ' A- .-ao H I ~ fc ~ ~. A-3y A- R9 E;.'o A 3° fl NoT~ _ ~~ r ~''- I° X ~3C-G- OIepINAN GE NC.BO-) (sole. LC-QAL OC-SCII/°tI~TION oP THE '-ICOrn P.v ~ A~OVa '20N L~ CHANC3C. AMENDMENT TO T!-!E ZONING CODE AMCNDMC-NT No_4r Oj=' CNA.PTC-2 8 (ZONING COUE~, AIeTICLC -'c, SCCTIO~i 7_H.°U, "~'1--IE CITY OF Hll_O ZONL MAI°, CHAN~IN~ THE UISTIC3ICT CLASSlPICATION F'IeOM AGIE'_1CUt_TU2AL (A-3c~ TO AG2ICULTU~~,L (A-1A~ AT WAIAKEP~ HOMC-STEADS, SECONt] SC-21t=5, Y`IAIAKEA, SOUTH I-itL_O, 1-YAl^lAll. DATE Or PUBLIC HEAIEINd = JAN. 8, I°J 76 DATC- OF AI°I°IEOVAI_. = N1 A1" Z'~, i~~~ OIEDINANCC- NO. =rJ-j PIL°C-PAC-D l3Y = PLANNING pcPApeTM ENT GoUNTY of HAWAit TM K = c-~ -4 - 03 ~ 16 (Fore) MA2CH 15, I°>76 ~XH 161T 'A" PLANNING DEPARTMEN~i' County of Hawaii APPLICATION FOR CHANGE OF ZONE Name of App:Licant: F (print or type (I) (iQe) hereby request an amendment of zoning to change the present classification in a(n) R-3a district into a(n) R-la district in accordance with provisions of Section 38, Ordinance No. 63 of the County of Hawaii for the following reasons: 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. Ti.-e-'• R-4-o3•. ~o~ l~ Petitioner's interest in subject property: (State if owner or lessee*) ' Owner *must be for 5 years or more Petitioner's reason(s) for requesting a change of zone: NOTE: a. Please explain how the requestedchange of zone would be consistent with the goals, policies, and course of action (if applicable) of the General Ple~n document. Please, also, specifically indicate which goals, policies, and courses of action are involved. (Copies of the General Plan document are .avail able at all public libraries and at the Hawaii County Planning Department.) (See Rddendu.m) b. Please state any other reason(s) for your request. The primary purpose far this request is to enable us to provido each ^f our children with a free homesite, which will also be in close proximity to the family business. The application shall be accompanied with a deposit of $100.00 to cover publication and administrati~v-e~costs.y~ Signature ~i5/y~7.~i~/YYt~f Owner dame Title Address 1141 Kawailani St., Hilo, Hawaii 9G72D Telephone 959-9121 PD:6/73 ADDENDNf9 a) Ths p-c,r~~osed rezoning of thruo (3) acres from A-3a to A-la wi).i not be contirary to t:ha objectives sought to ho accomplished by {:h e; Generril ('1an dor,urnent e.nd aro consistent with {;hn Goals, PeJ.iri.e ~ and Cour.so of llction sr:{: forth by {;he %ounty of Hawaii. Tho 12nd i.s pri.rnari.ly u::od as pasturo ].and for Cattle grazing. Thc: dc:;ired creation of thz•eo (3) one•-acrd Jots will not adversely affert; surr.ounrling property,-as adjacent parcels aro now boing subdivided into urban sized residential lots. The lots are to bc: deeded to our three sons to providu them with home-sites. EXCOpting for a reasonable area sur:raunding tho house site, tho expected use for the romaindor will be primarily for grazing pur- poses in conjuctiori with the family business. The proposed rozoning wouJ.d not unreasonable burden public 'agencies to provide for roads, water, drainage and school irn- provemonts, and polico and firo protraction. ,~ CHANGE OF ZONE: FRANK F'RENZ BACKGROUND The applicant, ]?rank I'renz, is requesting a change of zone for 3.~;>':- t~r~e~hacres of land from an Agriculture 3-acre (A-3a) to an Ag- riculture 1-acre (A-:L a) zoned district. The area in question, which is a portion of a 20~-acre parcel, is situated along the south or Puna side of Kawailani Street, across from the Kawailani Place Subdivision and approximately 3,400 feet mauka of the Kawailani Street-Komohana Street intersection, Waiakea Homesteads, South Hilo. (TMK: 2-4-03: por. 16.) In request of the change of zone, the applicant intends to create three (3) 1-acre lots for his three (3) sons. In support of the re- quest, the following was stated: "The proposed rezoning of throe (3) acres from A-3a to A-la will not be contrary to the objectives sought to be accomplished by the General P,1an document and are consistent with the Goals, Policies and Course of Action set forth by the County of Hawaii. The land is pri- marily used as pasture land for Cattle grazing.' "The desired creation of three (3) one-acre lots will not ad- versely affect surrounding property, as adjacent parcels are now being subdivided into urban sized resi_dent:ial lots. The lots are to be deeded to our three sons to provide them with home-sites. Excepting for a reasonable area surrounding the house site, the expected use for the remainder will be primarily for grazing purposes in conjunc- tion with the family business. Change of lone: Fr x Frenz i3~cr.ground Page 2 "The proposed rezoning would not unreasonably burden public agencies to pro~~ide for roads, water, drainage and school improve- merits, and police an~i fire protection. "Althoagh we wil_1 deed the remaining two lots to our tcao un- married sons, we will continue to use the land for pasture purposes until they are ready to construct a home." The General Plan land use pattern allocation guide map designates the area for Low Deny>ity Urban Development. Such a designation may allow single family residential uses at a maximum density of four (4) units-per acre. The requested 1-acre zoning would fall well wi_th- in this density limit.~,t,.;~. ~'+~~ ~~+~*'5'~ ~}we^s.~+~C ~lr~ ~`t`}`l`~~'~`~"'t'y 6'CLTP r ~' 3p.;w- rr r... ~{ro t 4 ti~f' ~ `a..~ . { `J 4~ r~'v'* , For the Commissioners information, the area in question was re- classified by the State Land Use Conunission from an Agricultural to an Urban district during its 1974 boundary review. The soil of the area is of the Olaa Series which consists of well-drained silty clay loamy that formed in volcanic ash. The sur- face layer and subsoil are about 16 inches thick and 9 inches thick respectively. It is underlain by Aa lava. ~Jhis soil dehydrates irreversibly into gravel-size aggregates. Permeability is rapid, run- off is slow, and the erosion hazard is slight. The land slopes from 0 to 20 percent, and the area receives from 100_ to 175 inches of rain- fall annually. The area in question as well as the remaining portion to the rear are used for pastoral purposes. A single family dwelling and the Frank's Foods meat glant are also situated in the rear portion of the 20-acre parcel. Surrounding land uses include residential dwellings Change of lone: F_r. .x Frenz ]sackground Page 3 as well as other pastures. The properties iruned.iately mauka of the area in question is zoned Single Family Residential - 15,000 square feet. The Kawailani Place Subdivision, situated across from the area under consideration, is also zoned RS-15. Kawailani Street, which provides direct access to the area, has a 4U-foot right-of-way with an 18-foot pavement. It is proposed to be widened to a 60-foot right-of-way, thus, affecting ten (TO) feet of the subject area. All essentia]. utilities, including a 6-inch water line, C's+~available to the area. All cooperating agencies, including the Department of Agriculture, had no comments on or objections to the subject request. Bill No. 2?1 - 7976 AN ORDINANCE AMENDING SECTION 7.7.9, THE CITY OF HILO ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-3a) TO AGRICULTURAI. (A-la) AT WAIAKEA HOMESTEADS, SECOND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MA,P KFY 2-4-03:1.6 (PORTION). This Bill. amends the City of Hi]o Zone Map of the 2onina Code. hate Introduced: May 7, ].976 CopieF of the foregoing Bill, 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 Bill passed first rea~9ina at the meeti.nq of the County Council or. May 7, 1976, by the following aye and no vote: Ayes: Councilmen Carpenter, Fujii., Kawahara, Lai, Yadao, and Yamada - 6 Noes: Councilman Levin - 1 Absent & Excused: Councilmen De I.uz and Hisaoka - 2 `~~ COUNTY CLERK COUNTY OF HAWAII ORDINANCE NO. 207 (Bill No. 2:?1-19?6) AN ORDINANCE AMENDING; SECTION 7.29, THE CITY OI' HILO ;ONE MAP OF CHAPTEn 8 ( TONING CODE) , .A•~TZCL E 2 , HAi4AII CUTJNTY COD F. , AS AMENDED, BY CHANGING THE DIST.•ICT CLASSIFICA'PION F..OM AGRICULTTJ•~AL (A-3a ) TO AGRiCULTUR.AL (:'~-ta) AT WAIAKEA HOMES9PF.ADS, SECOND SERIES, WAIAKE:?1, SOUTH HILL, HASdAI7, COVERED BY TAX MAP KF,Y 2_-A-03:16 (PORTION). Date Apn^oved: May 2r`, 1Q7fi Date F,ffectiaer biay 26, 1976 C'noies of the fo=egoi.nc? C-dinance„ i.n full, a=e nn file in the Cfficn of the County Cle=k foY use and examination by the public. I he~eby ce=tify and final. =eadina at May 20, 7.976, by the AYES: Councilmen T.ai., Yaclao that the fo=eaoina C=dinance gassed second the meeting of the County Council on folln.,aina aye and no vote: Ca=pente`, De Luz, Fuii,i, Hisaoka, Kawaha=a, and :'hai =may Y ~rnada n. NCF}. ^~,mci'^=n Levin - 1. ~~^ ^ , COUNTY G'LE~~K COUNTY CF F3ASQAII H Ted T. Suzuki ""`'= COUNTY CLEP,K -°_~~ OFFICE OF THE COUNTY CLERK COUNTY CF HAWAII H ILO. HAWAII 96720 Mayor Herbert T. Matayoshi County o£ Hawaii Hilo, Hawaii I hereby transmit Ordinance Bill No. Robert Shioji DEPUTY COUNTY CLERK 221 passed by the County Council on second and final reading. ~ ''~ ~~ COUNTY CLERK Encl. Dated: May 20, 1976 r Hi 1n, Hawaiii Date: n~t~., 7 ta~~ FIRST READING AYES NOES A/E Carpenter X De Luz X Fujii X Hisaoka X Kawahara X Lai X Levin X Yadao X Yamada - X -. --- _ _ _ _._- 6 1 2 Hilo, Hawaii Date: nn ~., ~n ~ o~c SECOND 8 FINAL READING AYES NOES A/E Carpenter }; De Luz X Fujii X Hisaoka X Kawahara X Lai }~ Levin X Yadao }{ Yamada Y ~ _ _. Publication Date: Publication Date: _ - We do hereby certify that the foregoing BILL was adopted by The County Council and published as indicated above. ~J ~~FV'„'yr ~1'r ~ " I Council Chairman 1 _.. --~ County Clerk i i - , "'.~~-' A roved d this-~~~ -day of PP L ~!J . iJ/~ i? Mayor, County of Hawaii / Bill No._2?] Reference:- -_-_-- M.B. No. <,.. j ~ Ord. No. __ b._ -