HomeMy WebLinkAboutCOM 1037.000 1988-1992o�Niv of N.w� Bernard K Akana
Planning Commission
Mayor
25
• ._- r 25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • (808) 961-8288
•j,TE•Of M'�r
October 30, 1989
Honorable Russell Kokubun, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kokubun and Members:
Rezoning Request - Chalon International of Hawaii, Inc.
Tax Map Key: 5-3-11:105
The Planning Commission, after a duly held public hearing on
October 10, 1989, voted to recommend for your approval the proposed
legislative bill to change the district classification for 29,999
square feet of land from a Village Commercial - 10,000 square foot
(CV -10) to an Open (0) zoned district along the north side of the
Mahukona-Niulii. Main Government Road, approximately 420+ feet west
of the Ainakea Subdivision Road, Ainakea, North Kohala, Hawaii.
The applicant recently purchased the property from the previous
landowner, Oceanic Properties, Inc. In June of 1986, at the request
of Oceanic Properties, Inc., the area under consideration and the
adjacent Ainakea Subdivision lands were rezoned by the County
Council. The area under consideration was rezoned from an
Agricultural 20 -acre (A -20a) to a CV -10 zoned district. This
property was designated for further expansion of the adjacent Kohala
Health Center property. Since the property has certain
topographical constraints which prohibit the development of the
property for commercial uses, the applicant has submitted this
change of zone request. No improvements are proposed on this
property.
File
Ref. To:
Ref. Date OCT 3 0 ;Cij
Honorable Russell Kokubun, Chairman
and Members of the County Council
Page 2
The Commission concurs with the following Planning Director's
reasons for initiating the change of zone:
In June 1985, at the request of the previous landowner,
Oceanic Properties, Inc., approximately 73 acres of lands at
Ainakea were rezoned from an Agricultural 20 -acre (A -20a) to
Village Commercial - 10,000 square foot (CV -10), Multiple Family
Residential - 4,000 square foot (RM -4), and Single Family
Residential - 10,000 square foot (RS -10) zoned districts. At
that time, the area under consideration was rezoned to a CV -10
zoned district and was intended to be used as an extension to
the adjacent Kohala Health Center site.
In preparing detail plans for the rezoned lands, which
included the Ainakea residential subdivision, the current
landowner, Chalon International of Hawaii, Inc., found that the
area under consideration was basically undevelopable since the
majority of the property is a part of the Hapahapai Gulch. The
applicant has, therefore, requested that this area be rezoned to
an Open (0) zoned district. In doing so, the property will
remain in its current undevelopable state as part of the
Hapahapai Gulch.
The rezoning of this particular property to an Open (0)
district would complement the goals of the land use element of
the General Plan which states to, "Designate and allocate land
uses in appropriate proportions and in keeping with the social,
cultural, and physical environments of the County," and to
"Protect and preserve forest, water, natural and scientific
reserves and open areas." The rezoning action would retain the
property in its natural open condition as a gulch since no
enclosed structures would be permitted within the Open district.
While the property is designated as zone "X" (area outside
of 500 -year flood plain) on the Flood Insurance Rate Map (FIRM),
the property, which is a part of the Hapahapai Gulch, serves as
a natural drainageway. If the land were to be retained in its
CV -10 district, any development on the property would definitely
alter this natural drainageway. The majority of the gulches in
North Kohala serves as a drainageway for the mauka surface
runoff. This action to rezone this property would be in the
direction of implementing one of the Flood Control and Drainage
Element's policies which states that, "It shall be the
responsibility of governmental agencies to properly guide
f- i
Honorable Russell Kokubun, Chairman
and Members of the County Council
Page 3
through regulations the use of flood plains. The purpose of
such regulations is to minimize the danger to life and property
in areas subject to recurrent flooding. It is intended that the
establishment of flood plain regulations will reduce public cost
for flood control, minimize relief and rescue efforts, and
control development in flood plain areas so that lands will be
utilized in the most suitable manner." This action would also
complement the goals of the General Plan element which states,
"To protect human life," "To prevent damage to man-made
improvements," and "To prevent damage from inundation."
The rezoning of the property would also complement one of
the recommendations of the North Kohala Community Development
Plan (CDP) which states that, "Major valleys, natural water
course, irrigation ditches, and reservoirs" should be within the
Open 7istrict. [Emphasis added.]
Based on the above findings, it is determined that the
granting of this application will result in a more appropriate
land use pattern that will further the public necessity and
convenience and general welfare.
For your favorable consideration, an amendment to
Section 25-95C, the Hawi-Kapaau Zone Map, of the County Zoning Code
is transmitted.
We are enclosing a copy of the application and a copy of the
staff background for your information.
Sincerely,
Gar; Mizuno
Chairman, Planning Commission
Enclosures '1 ''v 1,!
xc: Mr. Gordon Ogasawara
Mr. Rodney Kawamura
Department of Public Works
Department of Water Supply
Planning Office - Kona
AP
PROV ^--�
BERNARD AKANA, MAYOR
'PLICATION FOR CHANGE OF 'i 'E
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: Chalon International of Hawaii
APPLICANT'S SIGNATURE:
ADDRESS: P. 0. Box 140
Hawi, Hawaii 96719
TELEPHONE: 889-6257
REQUEST FROM: CV -10 TO: Open
TAX MAP KEY: 5-3-11:105
OWNER: Same as
OWNER'S SIGNATURE:
AREA OF PROPERTY: 50,720 sq. ft.
(size of parcel)
APPLICANT'S INTEREST, IF NOT OWNER: N/A
(If lessee, must be for at least another 5 years from date of
application)
APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach)
1. please explain how the requested change of zone would be
consistent with the goals, policies, and courses of action
(if applicable) of the General Plan document. Also, please
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 Hawaii County
Planning Department.)
2. Please state any other reasons for your request.
THIS APPLICATION MUST BE ACCOMPANIED BY:
(1) 16 copies of the completed application. form.
(2) 16 copies of a location map.
(3) 16 copies of a site plan with existing and proposed uses
(e.g., structures, topography, proposed subdivision).
(4) 1 copy of appropriate questionnaire.
(5) Any additional information.
(6) $100.00 processing fee
(7) One (1) copy of full-size site plan drawn to scale. Site
plan should include property lines, reference points
(roadways,- shoreline, etc.), and existing and proposed
structures and uses. Site plan shall be 2 feet by 3 feet
in size at a minimum.
(8) Legal description of the property in map and written form
by metes and bounds as certified by a surveyor. -
P.D. 4/87
0435q
CHALON INTERNATIONAL of Hawaii, Inc.
P.O. BOX 140 HAWL HAWAII 96719 • TELEPHONE: (808) 889-6257 • FAX: (808) 889-5252
June 16, 1989
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Subject: Rezoning Application
TMK: 3rd Div., 5-3-11:105
Gentlemen:
Recently, Hilo Engineering, Inc., submitted in.our behalf the subject
application.
We are submitting this rezoning request because the subject parcel is
basically a gulch and serves as the drainage area for mauka lands, and
thus has minimal commercial or any other development potential. A
reversion to an Open zoning would be consistent with the parcel's
natural geography and its current use.
Should you have any questions, please feel free to contact me or Hilo
Engineering, Inc.
Sincerely,
Gordon G sawara
Proje Manager
xc: Hilo Engineering, Inc.
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PLICATION FOR CHANGE OF Z 'E
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: Chalon International
APPLICANT'S SIGNATURE:
ADDRESS: P. 0. Box 140
Hawi, Hawaii 96719
TELEPHONE: 889-6257
REQUEST FROM: CV -10 TO: Open
TAX MAP KEY: 5-3-11:105
OWNER: Same as ADDI i cant
OWNER'S SIGNATURE:
AREA OF PROPERTY: 50,720 sq. ft.
(size of parcel)
APPLICANT'S INTEREST, IF NOT OWNER:_ N/A
(If lessee, must be for at least another 5 years from date of
application)
APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach)
1. please explain how the requested change of zone would be
consistent with the goals, policies, and courses of action
(if applicable) of the General Plan document. Also, please
indicate specifically which goals, policies, and courses of
action are involved. (Copies o£'the General Plan document
are available at public libraries and at the Hawaii County
Planning Department.)
2. Please state any other reasons for your request.
THIS APPLICATION MUST BE ACCOMPANIED BY:
(1) 16 copies of the completed application form.
(2) 16 copies of a location map.
(3) 16 copies of a site plan with existing and proposed uses
(e.g., structures, topography, proposed subdivision).
(4) 1 copy of appropriate questionnaire.
(5) Any additional information.
(6) $100.00 processing fee
(7) One (1) copy of full-size site plan drawn to scale. Site
plan should include property lines, reference points
(roadways,- shoreline, etc.), and existing and proposed
structures and uses. Site plan shall be 2 feet by 3 feet
in size at a minimum.
(8) Legal description of the property in map and written form
by metes and bounds as certified by a surveyor. -
P.D. 4/87
0435q
CHALON INTERNATIONAL of Hawaii, Inc.
P.O. BOX 140 HAWL HAWAII 96719 • TELEPHONE: (808) 889-6257 • FAX: (808) 889-5252
June 16, 1989
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Subject: Rezoning Application
TMK: 3rd .Div., 5-3-11:105
Gentlemen:
Recently, Hilo Engineering, Inc., submitted in our behalf the subject
application.
We are submitting this rezoning request because the subject parcel is
basically a gulch and serves as the drainage area for mauka lands, and
thus has minimal commercial or any other development potential. A
reversion to an Open zoning would be consistent with the parcel's
natural geography and its current use.
Should you have any questions, please feel free to contact me or Hilo
Engineering, Inc.
Sincerely,
Gordon G sawara
Proje Manager
xc: Hilo Engineering, Inc.
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2771Q 9/28/89
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CHALON INTERNATIONAL OF HAWAII, INC. (R89-23)
CHANGE OF ZONE APPLICATION
Chalon International of Hawaii, Inc. has submitted an
application for a change of zone for 29,999 square feet of land from
a Village Commercial - 10,000 square foot (CV -10) to an Open (0)
zoned district. The property is located along the north side of the
Mahukona-Niulii Main Government Road, approximately 420+ feet west
of the Ainakea Subdivision Road, Ainakea, North Kohala, TMK:
5-3-11:105.
GENERAL INFORMATION
1. The applicant recently purchased the property from the
previous landowner, Oceanic Properties, Inc.
2. In June of 1986, at the request of Oceanic Properties,
Inc., the area under consideration and the adjacent Ainakea
Subdivision lands were rezoned by the County Council. The area
under consideration was rezoned from an Agricultural 20 -acre (A -20a)
to a CV -10 zoned district. This property was designated for further
expansion of the adjacent Koh ala Health Center property.
REASONS FOR REQUEST
3. Since the property has certain topographical constraints
which prohibit the development of the property for commercial uses,
the applicant has submitted this change of zone request. No
improvements are proposed on this property. Specifically, the
applicant briefly stated the following:
"We are submitting this rezoning request because the
subject parcel is basically a gulch and serves as the drainage
area for mauka lands, and thus has minimal commercial or any
other development potential. A reversion to an Open zoning
would be consistent with the parcel's natural geography and its
current use."
COUNTY AND STATE PLANS
4. The General Plan Land Use Pattern Allocation Guide (LUPAG)
Map designates the property for Alternate Urban Expansion (AUE).
5. On May 21, 1985, the State Land Use Commission granted a
boundary amendment for the Ainakea Subdivision, including the
subject area, from the Agricultural to the Urban District.
6. The Kohala Community Development Plan adopted by the
Planning Commission on September 25, 1984, suggests a CV designation
for the property.
7. The property is not within the Special Management Area
(SMA).
DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA
8. The property is vacant of any uses. The majority of the
property is part of the Hapahapai Gulch.
-2-
9. The gulch is classified as Rough Broken Land (RB) by the
U.S.D.A•, Soil Conservation Service's Soil Survey of the Island of
Hawaii. This miscellaneous land type consists of very steep,
intermittent drainage channels. The
precipitous land broken by many
lch is of the Kohala Series which
remaining area outside of the gu
clays that formed in material from
consists of well -drained, silty
igneous rock influence by volcanic rock. Permeability is rapid,
runoff ranges from slow to rapid, and the erosion hazard ranges from
slight to severe.
s overall master productivity rating
10. The Land Study Bureau'
is Class "E" or "Very Poor."
11. The gulch area of the property is about 30 feet deep with
sides having slopes of 20 percent or more.
12. While the property is within a gulch, the Flood Insurance
Rate Map (FIRM) classifies the area as Zone "X" (area outside of
500 -year flood plain).
13. A previous archaeological reconnaissance survey conducted
concluded that there is no evidence of prehistoric or historic
utilization of the property.
14. The Kohala Health Center site, which is zoned CV -10, is
situated immediately to the east of the subject property. The
Kohala Hospital is situated 200 feet north of the property. The
Ainakea Subdivision is also situated in the immediate area.
includes several commercial establishments, is
Kapaau Village, which
situated to the west of the property.
-3-
UTILITIES AND SERVICES
15. The section of the Hawi-Niulii Road which fronts the
property is 30 feet wide with a 20 -foot wide pavement.
16.
Water is
available
to the property.
17.
All other
essential
utilities and services are available.
AGENCIES' COMMENTS
19.
STATE DEPARTMENT OF LAND AND NATURAL RESOURCES:
'Our Department's Historic Sites Section indicates that as
this is a paper change, which will move this parcel back
into a non -development zoning, it will have 'no effect' on
any significant historic sites - should any such sites be
present."
MAUNA KEA SOIL AND WATER CONSERVATION DISTRICT (SWCD):
"I concur with this application. The parcel is a gulch and
as such has no business being zoned commercial. Commercial
zoning will only encourage an unwise attempt to use the
parcel for other than the drainageway it is. The down
zoning will give the owners a tax break as well."
20. NO ADVERSE COMMENTS/OBJECTIONS:
PUBLIC WORKS; HEALTH; POLICE; PARKS AND RECREATION; REAL
PROPERTY TAX; WATER.
-4-
November 2, 1989 C-1037
Cary Mizuno, Chairman
PLANNING COP14ISSION
Bill 171 - Rezoning Request
Chalon International of Hawaii, Inc.
November 2, 1989
October 30, 1989
Committee on Planning
OFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 96720
December 6, 1989
Refer: kill 171/C-1037
To: Planninc Cojrx ission
Re. Rezoning Request - Chalon International of iawaii, Inc.
Aif_akea, ?north Kohala
The following is the action of the Hawaii County Council adopted at
its meeting held ti esterday
~ COUNTY CLERK
Att.
cc: Planning Dept.
itiayor
Comm. No.
ne No.
m. $. No.
Data, DEC 5 198
_ —