HomeMy WebLinkAboutORD 1976-231 1976-1980 BILL NO. 248
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE no. 231
AN ORDINANCE AMENDING SECTION 7. 29, THE CITY OF HILO ZONE MAP OF
CHAPTER 8 (ZONING CODE) , ARTICLE 2, HAWAII COUNTY CODE, AS AMEND-
ED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-la) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA HOMESTEADS,
2ND SERIES , WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY
2-4-44 :1 and 77.
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 (yy) . The district classification of the
following area situated at Waiakea Homesteads , 2nd
Series, Waiakea, South Hilo, Hawaii, shall be Single
Family Residential (RS-10) :
Beginning at the westerly corner of this parcel
of land and at the easterly side of Kupulau Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "Halai" being
14, 223. 48 feet South and 3, 292. 37 feet West and run-
ning by azimuths measured clockwise from true South:
1. 175° 40' 80. 00 feet along the easterly
side of Kupulau Road;
thence along Lot 2 along
a curve to the left
having a radius of 20. 00
feet, the chord azimuth
and distance being:
2 . 310° 40' 28. 28 feet;
3. 265° 40' 169. 10 feet along Lot 2;
4. 175° 40' 68. 00 feet along Lot 2;
5. 85° 40' 189. 10 feet along Lot 2 to a
point at the easterly
side of Kupulau Road;
6. 175° 40' 142. 35 feet along the easterly
side of Kupulau Road;
7. 265° 40' 945. 50 feet along Macadamia
Grove Estates Subdivi-
sion;
8. 355° 40' 460 . 71 feet along Lot 1, portion
of Lot 722, Waiakea Home-
steads, Second Series;
9. 85° 40' 756 . 40 feet along Lot 45, Haihai
Heights Subdivision, Unit
2;
10. 175° 40' 210. 36 feet along Lots 5, 4 and
3;
11. 85° 40' 169. 10 feet along Lot 3; thence
along Lot 3 along a curve
to the left having a ra-
dius of 20 . 00 feet, the
chord azimuth and distance
being:
12. 40° 40' 28. 28 feet to the point of be-
ginning and containing an
area of 8 . 7955 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 developed
in two (2) zoning increments. The first increment shall consist
of five (5) contiguous acres, and the second, the remaining
area. The effective date of zoning for the second increment
shall be after development has occurred on the first increment.
Development is defined as building permit issued for single
family residential dwelling units and construction partially
completed in the sense of having roofs on a minimum of twenty-
five (25) percent of the units for the entire area of 8. 8 acres;
(B) the applicant, Walter Freitas, submit a subdivision plan for
the first increment and secure tentative approval within one
(1) year from the effective date of the change of zone and
2.
also assume the responsibility of securing final subdivision
approval of the first increment. The applicant shall also be
responsible for submitting a subdivision plan and securing final
subdivision approval of the second increment; (C) a payment of
fee or area for park and recreational purposes shall be required
at the time of subdivision approval, using the standards and
guidelines of the Park Dedication Code; and (D) all other ap-
plicable rules and regulations shall 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 :
COUNCILMA , `€OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 20, 1976
Date of Adoption: November 4, 1976
Effective Date: November 9 , 1976
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AMENDMENT TO THE ZONING CODE
AMENDMENT No. �_, 1 To SECTION 7- ZS, THC CIT'f Or
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AMENDMENT TO THE ZONING CODE
AMC-NOM ENT NO. ' To SeCTION 7 a , THE CITY Of=
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AMENDMENT TO THE ZONING CODE
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PLANNIi3G DEPARTD'iLS1T
County of Hawaii
APPLICaITIOtT FO° CHAiQGE OF ZONE
Name of Applicant: Walter Freitas
(print or type
(I) (:':e) hereby request an amendment of zo::ing to change the present
classification i.n a(a) Aericuiture one-acre district
into a(n) RS-10 district
- in accordance with prcvisicns of Section 33, Ordinance No, 63 of the
Co•,xnty of Ea~:aii for the follocvir.g reasons:
Descriotion and msp of proper^rt~: Petitioner shall submit twelve (12)
copies of location an3 site elan, draean to scale,
All that certain parcel situated at Waiakea Homesteads, Second Series,
Waiakea, South Hilo, Hawaii, containing approximately 8.178 acres.
TMK 2-4-44:1
Petitioner's interest in subie_c_c prop^rty: (State if owner or
lsssee-)
Walter Freitas is the owner of fhe subject parcel.
*must be fcr 5 years or more
Petitioner's rees`n(s) fnr rectuesti~_a charge of zone'
i•:O:E: a. Pleas-^_ ezplai~, hcs•r the requested change of zone orould be
consi~~ent with the go~).s, policies, and course of action (if
a~plicabl>) of the Ge_~er?1 Flan documan'c, Please. also, specifically
indicate ~rhich coals, policies, and courses of action are involved,
(Copies of the General P1.=_n document are available at all public
libraries and at the Hawaii Cc•.nty Planning Department.)
A-2
b, Please state any other reason(s) for your request,
The application shall be accomp~_.nied :with a deposit of ,100,00 to
cover oublicaticn and ~dminisi:.rative~c"oyr~s~ts,~~%~/ _
Signature ~? ~ ~7"~"`--'~~_~`~`-~Z-
Please address all Lla me Title
correspondence to: /~J ~~ /~ / /~
Address /~J d /
Kenneth Fuj iyama Realty, Inc. C~
100 Pauahi Street, 11109 Telephone _~ ~'~~/
Hilo, Hawaii 96720
PD: 4/72
ATTACHMENT
A-1
Mr. Walter Freitas, owner of the subject parcel, is seeking rezoning
from Agriculture one-acre to RS-10. He is planning to develop this
proposed subdivision into a 24-lot development with approximately
ten lots sold as house and lot packages ranging from $50,000 to $60,000.
The remainder of the 14 lots will be sold on a long term~Agreementof
Sale financing. Title to all lots will be in fee simple.
Attached find proposed subdivision map for the area. The subject parcel
has been designated urban by the State of Hawaii and as low density
residential by the Hawaii County General Plan.
A-2
The owner feels that it is appropriate to apply for rezoning to RS-10
because the area surrounding this parcel is not suited for agriculture
or ranching at the present time. The makai area of Kupulau Street
is an RS-10 residential area and a proposed Kawailani subdivision below
will be subdivided into an RS-10 subdivision. Because of the annoyance
a commercial operation may cause the surrounding area and the economics
involved in ranching and/or farming, it is not feasible at this time to
pursue any commercial venture in that area.
As previously stated the subject area has been designated as low density
residential by the Hawaii County General Plan. ,M,r. Freitas' plan *_o provide
house and lot packages as well as vacant lots follows the guidelines
of the general plan. The housing packages would basically attract
those potential owners in the so-called "gap group." The attached.
table showing the current listings in the Multiple Listing Service
of the Hawaii Island Board of Realtors, shows the supply of housing
that is available caithin this range. This table also shows the
ages of the homes on the market. It is believed that Mr. Freitas'
subdivision would not create an oversupply in the market and would
be a definite asset to the inventory that is currently available
as it does not give a potential buyer a wide selection. (TABLE C)
Mr. Freitas' subdivision will also help to provide potential home owners
with a lot which will enable them to build in the future. Because Mr.
Freitas proposes that his lots will be sold on a long-term agreement
of sale basis, i.e., five to ten years, most families who are unable to
afford homes at the present time will have the opportunity to purchase
a lot with favorable terms and financing so that they may be able to
build at a later time when their income can justify this new construction.
It is believed that there are a number of families who fit into this category
and would be attracted to .this type of subdivision. The land in question
is owned free and clear by Mr. Freitas.
-z-
Enclosed please find tables showing the number of renters in the South
Hilo distrist. There are presently 1068 families in the Hilo district
whose income is $10,000 or more a year who are presently renting. It
is believed that many of these families are unable to purchase a lot
at the present time because of unavailability of financing from banks
and other lending institutions for undeveloped lots. It is believed
also that many of the renters in this category would like to purchase
vacant lots so that they would accumulate enough equity in the future
to enable them to build their own home. (TABLE A)
TABLE B shows the number of lots that presently are available in the
South Hilo district by size and corresponding price range. In the
$15,000 to $19,999 category there are currently five lots available.
There are also two lots available priced at $20,000 in the $20,000 to
$24,999 category. Therefore, there is a total of seven lots currently
available in Hilo below $20,000. Since Mr. Freitas proposes that
his lots will be marketed for between $18.,000 and $20,000, the current
market conditions suggest that he probably would be able to market
these lots in a very short time. It is believed that the low supply
of lots in that category"does not meet the demand generated by potential
users.
TABLE A
INCOME DISTRIBUTION OF RENTERS PAYING MORE THAN 25% OF GROSS INCOPfE FOR RENT1
South Hilo District, 1969
South Hilo District Total Less than $5,000 - $10,000 - Pfore than
$5,000 $9,999 $14,999 $15,000
Total No.. of Renters 3,284 986 1,230
No. Paying over 25% 734 538 163
% of Income Group 2?..4 54.6 13.3
% of Line 2 100.0 73.3 22.2
1
Excludes one-family homes on ten acres or more.
Source: 1970 Census
Housing Inventory, County of Hawaii, 1973
Department of Research and Development
County of Hawaii, Hilo, Hawaii
632(19.24%}k 436(13.27"/,~
18 15
2.8 3.4
2.5 2.0
TABLE B
HOUSING SUPPLY SUMMARY BY PRICE
South Hilo
$50,000 to $60 000
TOTAL NUMBER lg
to 5 years old 15
1 to 2
3
3 bedrooms 14
4 bedrooms and up Z
Source: Multiple Listing Service - Hawaii Island Board of Realtors
Volume 41, October 13, 1975
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to
CHANGE OF ZONE: WALTER FREITAS
BACKGROUND
The petitioner, Walter Freitas, is requesting a change of zone
8 B}
for 5.~~'d acres of land from an Agricultural 1-acre (A-la) to a
Single-Family Residential 10,000 square foot (RS-10) zoned district.
The area under consideration is situated on the makai side of Kupulau
Street, between the Macadamia Grove Estates and Haihai Heights sub-
divisions, Waiakea Homesteads, 2nd Series, Waiakea, South Hilo (TMK:
2-4-44:1 'T71
The peti4tioner i.s requesting the change of zone to allow the
:i,. ~.ts
creation of a twenty-four (24) lot subdivision w~rtch rang~'1in sizes
tJC;~e.:w
from 12 , 210 to 16 , 307 square feet. The ee~°l9~eee:rt intends to con-
struct single family dwellings on approximately forty percent (40~)
of the lots.
For the Commissioners' and petitioner's information, the general
configuration of the proposed subdivision, including the size and
number of lots, are to be viewed as a conceptional plan. The actual
layout of the subdivision, if this change of zone request is granted,
will be determined at the time of subdivision review.
The General. Plan Land Use Pattern Allocation Guide D4ap des-
ignates the area for Low Density Urban Development. This General
Plan designated area may permit single family residential uses at
a maximum density o£ four (4) units per acre. The Hilo Community
Develope,..~~Plan's Zone Guide Map recommends that the area be zoned
for Single-Family Residential 10,000 or 15,000 square foot (RS-10
or RS-15) uses.
{;,
''4<.~,
The area under consideration is presently vacant. The Haihai
Heights Subdivision contains 107 lots ranging in sizes from 7,500
+ to 16,000 square feet in sizes. The Macadamia Grove Estates Sub-
division consists of sixty-nine (69) 15,000 square foot sized
lots. The surrounding area below Kupulau Street is basically resi-
dential in character.
The property adjacent and to the east of the area in question.
was rezoned to RS-10 in March 1974. A 2-acre parcel adjacent to
the north of the property was rezoned to RS-15 in January 1973.
Soils of the area are of the Olaa extremely stony silty clay
loam series. There soils are approximately 25-inches thick and are
undefflain by fragmented Aa. Permeability is rapid, runoff is slow,
and the erosion hazard is slight. Medium rainfall for the area is
approximately 165 inches per year.
(According to plans submitted, access to the subject area is by
meanllsss''of a forty (40) foot wide section of the parcel that abuts. ~`
Z'G~. S..la d.:.J ~e1.` l,..la.`n.wwai, r~e~+:. as a So-b~.• r~a~l,.t_~.,,.....1. ~-; l:sl-~ (''a ~,lj (. :8.`
Kupulau Street.h~ Kupulau Street has a fifty (50) foot right-of-way
with a 20-foot pavement. It is proposed to be increased to a 80-foot
right-of-way. All essential utilities, including a 6-inch water
line, are or will be available to subject area.
In support of this request, the applicant stated the following:
"Mr. Walter Freitas, owner of the subject parcel, is
seeking rezoning from Agriculture one-acre to RS-10. He is
planning to develop this proposed subdivision into a 24-lot
development with approximately ten~lots sold as house and lot
packages ranging from $50,000 to $60,000. The remainder of
the 14 lots will be sold on a long term Agreement of Sale
Financing. Title to all lots will be in fee simple.
-2-
"The owner feels that it is appropriate to apply for re-
zoning to RS-10 because the area surrounding this parcel is not
suited for agriculture or ranching at the present time. The
makai area of Kupulau Street is an RS-l0 residential area and
a proposed Kawailani subdivision below will be subdivided into
an RS-10 subdivision. Because of the annoyance a commercial
operation may cause the surrounding area and the economics
involved in ranching and/or farming, it is not feasible at this
time to pursue any commercial venture in that area.
"As previously stated the subject area has been designated
as low density residential by the Hawaii County General Plan.
Mr. Freitas' plan to provide house and lot packages as well
as vacant lots follows the guidelines of the general plan.
The housing packages would basically attract those potential
owners in the so-called "gap group." ~~he attached table showin g
the current listings in the Multiple Listing Service of the
s
Hawaii Island Board of Realtors, shows the supply of housing
that is available within this range. LThis table also shows
the ages of the homes on the market. It is believed that
Mr. Freitas' subdivision would not create an oversupply in the
market and would be a definite asset to the inventory that is
currently available as it does not give a potential buyer a
wide selection.
"Mr. Freitas' subdivision will also help to provide po-
tential home owners with a lot which will enable them to build
in the future. Because Mr. Freitas proposes that his lots will
be sold on a long-term agreement of sale basis, i.e., five to
ten years, most families who are unable to afford homes at the
present time will have the opportunity to purchase a lot with
-3-
favorable terms and financing so that they may be able to
build at a later time when their income can justify this new
construction. It is believed that there are a number of fami-
lies who fit into this category and would be attracted to this
type of subdivision. The land in question is owned free and
clear by Mr. Freitas.
"There are presently 1068 families in the Hilo district
whose income is $10,000 or more a year who are presently rent-
ing. It is believed that many of these families are unable to
purchase a lot at the present time because of unavailability
of financing from banks and other lending institutions for
undeveloped lots. It is believed also that many of the renters
in this category would like to purchase vacant lots so that
they would accumulate enough equity in the future to enable
them to build their own home.
"The following is the number of lots that presently are
available in the South Hilo district by size and corresponding
price range. In the $15,000 to $19,999 category there are
currently five lots available. There are also two lots avail-
able priced at $20,000 in the $20,000 to $24,999 category.
Therefore, there is a total of seven lots currently available
in Hilo below $20,000. Since Mr. Freitas proposes that his
lots will be marketed for between $18,000 and $20,000, the
current market conditions suggest that he probably would be
able to market these lots in a very short time. It is believed
that the low supply of lots in that category does not meet the
demand generated by potential users."
-4-
For the Commissioners' information, the applicant's statement
that "There are a total of seven lots currently available in Hilo
below $20,000," refers to the number of lots,. in the $20,000 price
ranges that is currently listed on the Multiple Listing Service
(MLS). Since lots may be listed privately by individual realtors,
in addition to~MLS Listing; the seven (7) lots referred to are not
necessarily the total number of available lots in the District of
South Hilo.
Upon- review o£ this request, the Department of Water Supply
had the following comments:
"Water service for this change. of zone application is
available from the 6-inch waterline along Kupulau Street.
At the time of subsequent subdivision action, the subdivider
will be required to comply with the minimum water requirements
of the subdivision code.
"Although not entirely within the jurisdictional confines
of our Department, we would like to have the road layout tie
into the existing or proposed roads of the adjacent lots or
subdivisions."
The Department of Public Works commented that "Conditions of
approvals should be that the entrance road be increased to 50' in
width and that the roadway be extended to the rear boundary."
All other cooperating agencies had no comments on or objections
to the subject rec;uest.
-5-
•
Hilo, Hawaii Hilo, Hawaii
Date: October 20, 1976 Date: November 4, 1976
FIRST READING SECOND & FINAL READING
AYES NOES A/E AYES NOES A/E
Carpenter X Carpenter X
De Luz X De Luz X
Fujii X Fujii X
Hisaoka X Hisaoka X
Kawahara X Kawahara X
Lai X Lai X
Levin X Levin X
Yadao X Yadao X
Yamada X Yamada X
8 1 8 1
Publication Date: October 24, 1976 Publication Date: November 15, 1976
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
Katlit Lim \ -(tiloitLY
/omouralt Council Chairman
Iv .mot/
I
PG lalfi . County Clerk
Approved is_ 7 day of
/ ' /I�."...u ...■ , 19 ` -4 .
'z � Bill No. 248
` '�` - � Reference:__C-20581PRDLC-86
Mayor, County of Hawaii M.B. No. — _
Ord. No. .------------231--- -— -
Ted T. Suzuki
COUNTY CLERK
OFFICE ^F THE COUNTY CLERK
COUNTY ^F HAWAII
HILO, HAWAII 9672^
Mayor Herbert T. Matayoshi
County of Hawaii
Hilo, Hawaii
Robert Shioji
DEPUTY COUNTY CLERK
I hereby transmit Ordinance Bill No. 248
passed by the County Council on second and final
reading.
~~ ~
COUNTY CLERK
Encl.
~~1:, v
4 ~ ~
:ice j;-~, t„_
__~'P
Dated: November 5, 1976
Bill No. 248 - 1976
AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HILO ZONE MAP OF
CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMEND-
ED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-la) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA HOMESTEADS,
2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY
2-4-44:1 and 77. '
This Bill amends Section 7.29, The City of Hilo Zone Map,
Chapter 8 (Zoning Code), Article 2, Hawaii County Code, as amended,
by changing the district classification from Agricultural (A-la)
to Single Family Residential (RS-10) at Waiakea Homesteads, 2nd
Series, S. Hilo.
Date Introduced: October 20, 1976
Copies 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 reading
at the meeting of the County Council on October 20, 1976, by the
following aye and no vote:
De Luz
AYES: Councilmen Carpenter,/FUjii, Hisaoka, Kawahaza, Lai,
Yadao and Chairman Yamada - 8.
NOES: Councilman Levin - 1.
C~ T'. '
_.~.
COUNTY CLERK
COUNTY OF HAWAII
ORDINANCE NO. 231
(Bill No. 248-1976)
AN ORDINANCE AMENDING SECTION 7.29, THE CITY OF HILO ZONE MAP OF
CHAPTER 8 (ZONING CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMEND-
ED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-la) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT WAIAKEA HOMESTEADS,
2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY
2-4-44:1 and 77.
Date Approved: November 4, 1976
Date Effective: November 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
November 4, 1976, by the following aye and no vote:
AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara,
Lai, Yadao and Chairman Yamada - 8.
NOES: Councilman Levin - 1.
a~
:- T~
COUNTY CLERK
COUNTY OF HAWAII