The URL can be used to link to this page

Home My WebLink AboutORD 1976-222 1976-1980Bill No. 238 OF HAWAII - STATE OF HAWAII ORDINANCE NO. 222+ AN ORDINANCE AMENDING SE TION 7.22, THE PAHOA ZONE MAP OF CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SING E FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT NANAWALE HOME TEADS, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-11:15. BE IT ORDAINED BY THE SECTION 1. Section County Code, as amended, following subsection: "7.22 (f ) area situated at IL OF THE COUNTY OF HAWAII: 7.22 of Chapter 8 (Zoning Code), Article 2, Hawaii is hereby further amended by adding thereto the The district classification of the following le Homesteads, Puna, Hawaii, shall be Village Commercial KCV-10): Beginning at a poin the northside of Go "VILLAGE FLAG", bei thence running by a 1. 124° 20' 2. 213° 03' 3. 303° 18' 4. 32° 48' 30" "All as ou Exhibit 'A' and by at the southeast corner of this lot and on rnment Main Road, the Survey Trig. Station 1108.89 feet south and 1484.81 feet east, muths measured clockwise from true South: 51.00 feet along the north side of Government Main Road; 227.42 feet along Lot 15; 50.00 feet along Lot 29 and Lot 30; 228.34 feet along Lot 13 to the point of beginning, containing an area of 11,505 square feet, more or less. in red on the map attached hereto, marked made a part hereof." SECTION 2. Sectionl of this ordinance shall take effect forthwith upon the conditions that (A) the existing building be occupied for com- mercial purposes within ne (1) year from the effective date of approval of the change of zone; (~) the petitioner shall be responsible for con- solidating the area with the adjacent parcel, identified by TMK: 1-5-11:14 after receivin full title to both parcels; and (C) all other applicable rules and regulations, including the Plan Approval process be complied with. Should any of the foregoing conditions not be met, re- zoning of the area to its original zopng designation may be initiated. SECTION 3. In the event tha a//ny portion of this ordinance is declared invalid, such invalidity shall no~ affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~\ `~ COUNCILMP,N, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: August 18, 1976 Date of Adoption: September 1, 1976 Effective Date: September 9, 1976 -2- ~l°S--ic 25-10 Ie5- i0 `^ A R'~-;c W^ /a ~.t~ \` \`4q \o ii`s-~o .L°5 -, ,o ~O \ ~~ ~. Q io ~. 303° 18 SO.Oo ~~~ W ~s -,a N N ~~ _,o w /: ~ ~.,-~o ~FP~~e W '~ ~ VIL AGE CO ME2 1AL, V-10 " ,~ A2 A = It,SO Sca FT. -- _. __ .- / ; N ; :- '! N N N ~ ~-~o ~~-,o ~PS.~ J ~ ~~ , ~ ~ ~~~- ~e N -0 ~ __ Pte,. N ~~- --IH4°ao' ~,o~-°- -' e-,.-~o fa,~o I°A1-BOA 1O0A1~ sl.oo ~-5_~e~~a~~ ~__ti~ E- ,P~ _~.~ ~v-~~ -~o ~s-~s ~s-~s ~s-~s ~~_~ -~s ~..- a AMENC7MEN'T TO THE ZONING CO~~ AMENDMENT NO. ro TO SECTION 7.Z-c, 'THE PAHOA ZONE MAP OF CHAPTB~I° $ ~ZONtNG C0178), AI°LTICL@ mac, HAWAII COUNTY COOL--, A`;'> AMEN OEIO, r3Y CHANGING THE 015TIeICT cl,._ASSI PIGATfON =20M SINGLC FAMILY IV°e5101=NTIAL (1E5-10) TO V1Ll_.AGE COMME2CIAL (G~/-10) AT NANAWALE HOMESTEADS, PUMA, HAYVAtI. GATE OF hUSLIC HEAI°ING ~ JUNE ""-'`-~F, 1°J76 OATS OF AI°!°feO~/AL = '=C-~T g, I_J'~6 o ~.oINAN rE NO- c" -. 1°lOE PA2C-:D BY = I°LANNING OE PAfETMENT COUNTY OF HAWAII TMK c I-5-II IS JULY 13, I°>7G EXHIBIT "fi' P':--in 25-10 IES-lo U~ R'~ I ~l`\, ~~ R°5-10 ~~ ~ C `~~ ^ ~ I ~' O \ ^ , O ` J. I 303° IB ~~ So-OO 1 _--~ -__ ~ ____ _____ ~~ ~e~ ~ ~ -1 ~o N ~~ -~ W SIN LE FA I~/I L'f ~ I i, . ,, ~ ~ 2E fDEI JTIA (fc~5~-10) O W ~ ;~ ~ VIL AGE~ CO ME2~:1AL ( V-10 ~ -- 1 - ~., i ~ I N ~,- ~ i ~~~~ ~ ~ "~ `_ .- P <,N F~ KJ ~ +-IH4°zo' i~o~ o ~ ,~~~`~~_,.~ ~- f~~~~o ~.o.r-~o.e, r~eo.~r~ sl.oo -ie ~s -,s IES-~S A-lo R°°~-IS 1L'S -iS I°S -IS kec_~c A 1~ AMf=NC7MEN'T TO THE ZONING CODE AM EN~MENT NO. G TO SC CTION 7.ZZ, THE I°AHOA ZONE MAID OP CHAI~TBIH $ ZONING CODL), AI@TICL@~c.- ~ HAV~lAII COUNTY COO C-, A~> AMEN OED, 13Y CHANGING THE DIST PICT cLASSIFICAT1oN !=20M SINGLE FAMILY IeeSIDe NTI AI_ (1H5-10) TO VILLASC- COMME2CIA L (C~/-10) AT NANAWALE HOMESTBAUS, F~~JNA, HAWAtI. OATS of PUBLIC HEAIetNG ~ JUNE ~~-~, 1°J76 PATC OF AI°Pi+°ovAL _~[-:F "i~ ~, IaJ?~ 1°IeE PA2C-D BY = I°LANNING DE PAII_TM ENT COUNTY of HAWAII TMK ~ 1-5-11 ~ 15 Ju LY IB, I~~c EXHIBIT "A' ~~-~-, ras-.o I i ~z-~o I ~ n ~` (~(~ ~.~, -~o ~s _,., .~ _ ~ _ ~~~~~ 0, - - 903° le'- ~ -- So.O o - i; ' ~~- ~o ~ a N ~~ : ~ ~ - ~~ ~~ ~- ~ W SIN LE FAM L~f p ~, ~,~ 2>= 1DE TIA (2Si-10~ O ~ '~' V1L AGE CO MEf~ tAL ( x/-10 i, ~ - N ~~; N ~~~. -P ~_ - ' J I N :' ~" A ~~~ _'. f ,~, e-r„moo 1°Ah-1GA 7HOAD sl.oo ~s _.,~ ~~_,.~ E. ~s -~s P,-Iq C S'-13 IC.S -15 Il°-°J - IS ~°5-19 IC.S-IS A Iq AMENDMENT TO THE ZONING CODE AMENDMENT NO, ~ TO SECTION 7.ZB, THE I°AHOA ZONE MAP Op CHAF'TEIE $ ZONING CODL~, All°TICL.@ Z, HAWAII COUNTY COO C-, AG AMEN Oe O, f3Y CHANGING THE DISTIEICT cL.ASSIFICATION 1=1>°OM SIIJGLC FAMILY IeeSIDENTIAL (ICS-10~ TO ~IL.t_A.GC- COMME2ClAL (C~/-10) AT NANAWALE HOMESTEADS, F~UNA, F--tAWA~I. DATE OF PUBLIC HEAP3ING JUNE 'z4, I°J76 vATB OF AI°Pf/°O~AL_ ~-rP-i- .: ~, I°_~-; G o lED7NAN CE NO- ~ ='c' 1°f+°E PA2ESt] 8Y ° I°L.ANNING D1=PAILTM ENT COUNTY OF HAWAII TMK I-S-II ~ 15 JULY 19, 1°.»G XHIBIT A ,. OF ZONE: RA SMYTHE, ETAL In support of t e request, the petitioners have stated the following: The petitioners, Raymond Smythe and others, are requesting a change of zone for 11,505 square feet of land from a Single- family Residential-10,000 square foot (RS-10) to a Village Commercial-10,000 sq are foot (CV-10) zoned district. The area under consideration 's situated along the north side of the PahOO.. Road, approximately 400 feet east of the Pahoa Post Office and d--~y across wesxs-aad-SFe3~ag~`-s=of€ee-and-warehouse, Nanawale Homestead$~ ahoa, Puna (TD4K: 1-5-11:15). The petitioners are requesting this change of zone to allow the renovation and c nversion of an existing single family dwelling into a gene al garden shop. "This prop rty is specified for commercial use in the County of Hawai' General Plan. Also, under 'Course of Action' for commercial evelopment in Puna the General Plan states: (1) Centraliza ion of commercial activities in Keaau and Pahoa shal be encouraged. (2) Rehabilita ion of existing commercial development in appropriat locations shall be encouraged. (3) Appropriat ly zoned lands shall be allocated as the need arise . "The appli ants presently own the above property and the adjacent proper y (TMK 1-5-11-14), it is our intention to renovate the ex sting dwelling on the above property and utilize it as a general garden shop. The adjacent parcel which is currently vacant was zoned CV 10 under Ordinance 494. The ordinance contains a requirement for the building of a building as a condition of the zoning change that was applied -for at that time. Please note that the present applicants were in no way involved in the request for zoning change approved under Ordinance 494. We would, however, request that at the same time we be given the zoning change on the above property, that the condition to build on TMK 1-5-11-14 be eliminated as a requirement for CV 10 zoning on that parcel. "It is the applicants intention to utilize the vacant lot as a parking lot in support of the garden shop, especially in view of the narrowness of both parcels. The utilization of the two parcels jointly was a definite factor in our purchase of same. We do plan to have a portion of the lot for parking purposes. "It is envisioned that the development of this property will be in two incremental steps. The initial step being the garden shop in the existing building with step two consisting of the erection of a new building at the rear of properties for use as a garden shop - produce exchange. This idea has received enthusiastic support from people in the Pahoa area that have been contacted to date." For the Commissioners' information, Ordinance 494 relating to a change of zone request fcr the adjacent parcel from a RS-10 to a CV-10 zoned district was approved by the County Council in August of 1972. As stated t,y the petitioners, the approval was subject to -2- the condition that "t.he owner or lessee of the subject property be responsible for secux•ing a building permit and assuring construction started for a commercial office building within one (.l) year from the date of approval of the change of zone." As written in the ordinance, if this ccndition is not met, the Planning Commission has the right to re-evaluate the area and. initiate action to re- zone the property to its former zoning designation. In February of 1975, the petitioners purchased the property covered under Ordinance 494 from the previous owners. As stated by the petitioners, they intend to utilize this property for park- ing purposes to accommodate the proposed use on the property re- quested to be rezoned. As such, they,as~~also requested that the condition as outlined in Ordinance 494 be deleted, The General Plan land use pattern allocation guide map desig- nates the area for Medium Density Urban Development. This General Plan classification may allow village and neighborhood commercial uses. Aside from the existing single-family dwelling, there is also a garage on the property in question. The lands located across the street from the property are zoned for Commercial uses, which include the Pahoa Dairy Queen, Pahoa Beauty Salon, Gift Shop, launderette;, Puna Flowers and Foliage and doctor's office. The adjacent lots on the Hilo side of the property, as well as the area to the rear are used for single family residential pur- poses. Within the Pahoa area, there are approximately seventeen (17) acres of commercially zoned lands. ~'NTajority of these lands, how- ever, are built upon; mainly for single family residential pur- poses. There are about four (4) acres of vacant lands in the -3- vicinity of the Pahoa Neighborhood Facility Complex which AmFac intends to develop. The Pahoa Road, fronting the subject area, has a ~ -foot right-of-way and a 'yo -foot pavement. All necessary utilities and facilities, including an 8-inch water line, are available to the area. -A- .ICATION FOR CHANGE OF ZONE COUNTY OF HAWAII APPLICANT: APPLICANT'S SIGNATURE: ADDRESS: TELEPHONE: REQUEST FROM: T0: CV 10 '~'~~ AREA OF PROPERTY: 11 505 sq. ft. TAX MAP KEY: 3-1-5-11- 5 (siae of parcel) Douglas Beatty OWNER: Eva Buri. Ra o Smythe, John Wo ^ OWNER'S SIGNATURE: - ~~ ~ ~ ~/ i~ ~~~ APPLdCANT' S I NTEREST, I NOT GW'dER: '`~' Zication) (If lessee, must be fo at least another 5 yecrns from date of app APPLICANT'S REASONS FO REQUESTING A CHANGE OF ZC;:E !Please attach) (. Please explai how the requested change of zone would bZicable)toftthe with the goal policies, and courses of action. (if app General Plan ocument. Also, pleese indicate specifically which goals, policies, and courses of action are involved. !Copies of the General plan document are available at public libraries and at the Aawaii Cotmty Planni g Department.) 2. Please state ny othor reasons for your request. THIS APPLICATION MUST E ACCOMPANIED BY: (1) 16 copies o the completed application form. (2) 16 copies o a locate n map. g osed uses (3) 16 copies o a sl;e Pag wPt~ ex CO osedasubdivlsion). (e,g., stru tures to o ra h , p p (4) I copy of a proprlate questionnaire. (5) any addltio al information. (6) $100.00 proc ssing fee. FOR OFFICIAL USE: Date Received _ Director's. Actic Prelim. Hearing Public Hearing _ To Council P.D. I 2/75 PLANNING DE?ARTMENT _ _ _ k 7 { 3 1 1 { 1 1 I i i ~ 1 I I ~ ~I 1 ;I i f _~ ay..ruL~~1s1* ~s~ 0 ~~W W s i is r i V ~,!+ r_ a ~i ~~~ i; ~i a id . i ~ Y~~,•"gig 'I ~ x ~ ~' i ~J~ V ' , _n '' C ~~ ~ ~ I ~ ~ • ~ PL1r ~ /C PLAT /~ MOMCJrLAO .f0I0 --J "~~ ~~ Sf ~::i I1, li ~ ~I ~ #. I . 1 1'~, .J..__.._ ...._.__ .._-___ .... _... __ _.___._ . _ ___ O ~(~r `Y ~X Ist ~ ~Gr °~ s-r~.v~-rv~- II,~s ~ '..~,t~~ r~ ` r I 1 1 . ~ 50, o ,~ i ~. ! ~~ ,. Applicant's reasons for requesting a change of zone. The property for which :he zoning change is requested is located in Pahoa on Highway 11 accross the street from Puna Flowers and Foliage. This property is specified fur commercial use in the County of Hawaii General Plan. Also, under "Course of Action" for commercial development in Puna the General Plan states: (1) Centralization of commercial activities in Keaau and Pahoa shall be encouraged. (2) Rehabilitation of existing commercial development in appropriate locations shall be encouraged. (3) Appropriately zoned lands shall be allocated as the need arises. The applicants presently own the above property (TMK 3-1-5-11-15) and the adjacent property (TMK 3-1-5-11-14). It is our intention to renovate the existing dwelling on tYe above property and utilize it as a general garden shop. The adjacent parcel (TMK 3-1-5-11-14) which is currently vacant was zoned CV 10 under Ordinance 494 a copy of which is attached. The ordinance contains a requirement for the building of a building as a con- dition of the zoning c}iange that was applied for at that time. Please note that the present aipplicants were in no way involved in the request for zoning change approved under Ordinance 494. We would, however, request that at the same time we be given the zoning change on the above property, that the condition to i~uild on TMK 3-1-5-11-14 be eliminated as a require- ment for CV 10 zoning on that parcel. It is the applicants i~atention to utilize the vacant lot as a parking lot in support of the gard~:n shop, especially in view of the narrowness of both parcels. The utilization of the two parcels jointly was a definite factor in our purchase of same. We do plan to have a portion of the lot for parking ;;urposes. It is envisioned that the development of this property will be in two incremental steps. The initial step being the garden shop in the existing building with step two consisting of the erection of a new building at the rear of properties for use as a garden shop - produce exchange. This idea has received enthusiastic support from people in the Pahoa area that have been contacted to date. M ATT~~CI ID;ENT Commercial, RD1, Resort, & Industrial PLAfJNIf9G DEPARTi~IEI.7T County of Hawaii APPLICATION FOR CHANGE OF ZONE 1, If your request is approved, do you intend to subdivide the subject land in accordance r~ith the approved change of zone? No If yes, please answer the rest of question 1 and then to question 3, a. Hocv many acres of the requested area do you intend to subdivide? - b, Into what lot sizes? - c, If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form, 2, If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No T b, Sell or lease the land to someone who has tentative plans? Ne c. Sell or lease the land tc someone who has no plans? Nn d, Keep it? ~P~ e. Other (please state). f. If you intent. to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how socn after approval of lour rezoning do you er_pect to transfer the subject land to another party, M f 71 ~~ 3, i~hat specific building plans do you have for the subject land? Include in your ansc•~er the follocaing: type of building (apartment, office, launderette, etc,); financing arrangement; timetable for construction; and any other. information which you feel might help us in evaluating your reciuest. Existing 2 bedroom house will be renovated and modified for use as a garden store nursery operation. We anticipate the cost of renovations to be around $3 000.00 by doing much of the work ourselves. We expect to spend another $2,000.00 paving a portion of the adjacent property TMK 3-1-5-11-14 for use as a parking lot, 4, Have you performed any study which would demonstrate_a need for your proposed building and/or development? Yes If so, please ela]~orate on your findings in the space provided beloca, There is at present uo retail facility in Pahoa which deals exclusively in plants trees and related products for the home gardener. Informal surveys indicate an interest in such a business to service the rapidly growing area in and around Pahoa. -2- 5, Have you perfcnned any study which discusses the environmental impacts your requc,st would have on the surrounding area and/or the County'? Yes If so, please elaborate on your findings in the space provided below. We do not anticipates any change in the area or any reauirement for any additional services from the County. 6, Are there any buildings on the subject area? Yes If so, what kind: 'Itao bedroom house. ~'hrat do you intend to do with those buildings if 'your request is approved? Renovate for use a.s a garden shop. 7, Is the subject land currently being used for any No agricultural activity? If so, please list the kinds of products grcwn and on how many square feet or acres of land per product? 8, To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. .-3- i i ~ ~ K 1~ 9, Do you think that chr roads leading to the su.,ject area needs improvem~u~ts? If so, tahat kind? Is the road adequate for the proposed traffic volume or load? yes 10, edhat sort of governm~=_ntal assistance and/or improvements do you feel cuill be needed in the subject area e~hen developed? Yes No a. Schools x b, Roads X c. Sewer x d, Drainage X e. Police protection X f. Fire protection X g, Recreational Facilities X h, Public Utilities x i. other X _ For those checked "yes" please elaborate cuhat type or kinds of improvements and/or assistance are needed, 11. Have you performed any historical sites study and/or survey of the subject area? If so, cahat were the results? Please, also, submit a copy of the study together erith this change of zone supplement, Property is located in the center of anything of a historical nature. X ~ an and does not contai~ 11/00cc~~~' j t ~// ' ~ ' l> ~~ . ~~ ~, /' n Signature ~( ~"' '~ ~ Address Pa ~ x //~ ~~~ /~) `~c ~'~ ~• Telephone ~~37 - L~>' ~ ~ Date /~J. •~f ~% /y ~t. _~_ I ,' i N ' i~ 1 <,,~., Hilo, Hawaii Date: August 18. 1976 FIRST READING AYES IDES A/E Car ep rater x De Luz x Fujii x Hisaoka x Kawahara x Lai x Levin x Yadao x Yamada X 8 1 Publication Dare: Hilo, Hawaii Date: September 1. 1976 SECOND & FINAL READING AYES NOES A/E Carpenter x De Luz X Fujii x Hisaoka x Kawahara x Lai 7t Levin EX Yadao x Yamada X i 8 1 Publication Dare: September 16, 1976 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ___ - --" -~-- I Council Chairman -~ County Clerk _da+y~~''o~~f 19~_. Bill No. __ 2.38 __ __ __ /L~j, ~~ Reference: PLC-82/C-1956 County of Hawaii % M.B. No. __ q / j - Ord. No. ~. _-~ iSi--- --- .. Bill No, 238 - 1976 AN ORDINANCE AMENDIN SECTION 7.22, THE PAHOA ZONE MAP CHAPTER 8 (ZONING CODE), ARTIC E 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIF CATION FROM SINGLE FAMILY RESIDNETIAL (RS-10) TO VILLAGE COMMERCIA (CV-10) AT NANAWALE HOMESTEADS, PUMA, HAWAII COVERED BY TAX MAP K Y 1-5-11:15. This Bill amen s Section 7.22, the Pahoa Zone Map, Chapter 8 (Zoning Code), Artic e 2, Hawaii County Code, as amended, by changing the district classif cation from Single Family Residential (RS-10) to Village Commercia (CV-10) at Nanawale Homesteads, Puna, Hawaii, covered by TMK: 1-5- 1:15. Date Introduced: August 18, 1976 Copies of the oregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certi at the meeting of the following aye and no AYES: Council Lai , Yap NOES: Councils y that the foregoing Bill passed first reading County Council on August 18, 1976, by the vote: en Carpenter, De Luz, Fujii, Hisaoka, Kawahara, ao and. Chairman Yamada - 8. an Levin - 1. ~~~ ~ COUNTY CLERK COUNTY OF HAWAII ORDINANCE N0. 222 (Bill No. 238-1976) AN ORDINANCE AMENDING SECTION 7,22, THE PAHOA ZONE MAP CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10)AT NANAWALE HOMESTEADS, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-5-11:15. Date Approved: September 1, 1976 Date Effective: September 9, 1976 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 September 1, 1976, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Yadao and Chairman Yamada - 8. NOES: None. EXCUSED FROM VOTING: Councilman Levin - 1. v ~ COUNTY CLERK COUNTY OF HAWAII Ted T. Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY O~ HAWAII KILO, HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawziii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 236 passed by the County Council on second and final reading. COUNTY CLERK Encl. ;cptemhcr ?, 1976 Dated: