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Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawai`i <br /> Page 4 <br /> February 10,2022 <br /> Surrounding land uses are generally rural and/or agricultural in nature, with a mix of <br /> dwellings and active farms. Properties directly adjacent to the subject property are zoned A- <br /> 20a, as are most parcels to the north and west. Nearby parcels to the south and east of the <br /> subject property are zoned A-10a, A-la and RS-10, however, most of these lots are non- <br /> conforming in size because they were created prior to the establishment of the Zoning Code, <br /> thus there are other lots in the vicinity that are similar in size to the proposed lots. <br /> The U.S. Department of Agriculture (U.S.D.A.) soil survey identifies soils on the <br /> property as Hilo hydrous silty clay loam,with 0 to 10 percent slopes. The Agricultural Lands <br /> of Importance to the State of Hawai`i (ALISH) map indicates mostof the property is <br /> identified as "Prime Agricultural Land" and the Land Study Bureau's Detailed Land <br /> Classification System largely identifies soils of the property as "C" or "Fair" soil for <br /> agricultural productivity. <br /> A concern in allowing a rezoning of agricultural land that creates smaller lot sizes is <br /> that this will reduce the potential use of the land for productive agriculture by fragmenting <br /> the land into areas too small to be farmed on a commercial scale. While a few crops can be <br /> intensively cultivated on very small acreage,usually these crops have a <br /> very limited market. Reducing the size of the lots can reduce the range of potential <br /> agricultural uses and the range of market opportunities for those crops. However, in this <br /> particular situation, the subject parcel is entitled with three (3) dwellings, from a practical <br /> standpoint, the same land area will be utilized for dwellings and the proposed rezoning and <br /> subdivision will not result in the creation of additional residential structures. Furthermore, <br /> while three (3) lots will be created and two (2) of the lots will be conveyed to family <br /> members for estate planning purposes, the applicants and their children intend to continue <br /> and expand agricultural activities on the resulting lots. These activities include an established <br /> banana farm, over 80 avocado trees, a palm nursery, and existing equestrian activities. The <br /> applicants also propose to develop an exotic tree orchard on one of the proposed lots. <br /> In an effort to ensure the retention of as much land area as possible for existing and <br /> potential agricultural uses, the Planning Director is recommending a condition of approval <br /> prohibiting a second dwelling and/or a Condominium Property Regime (CPR) on each lot <br /> resulting from the proposed subdivision. This condition will require that restrictive <br /> covenants be included in the deeds of all the proposed lots for the subdivision prohibiting <br /> second dwelling units to preserve the residential/agricultural ambience of the area. <br /> The proposed rezoning area is situated within the Hamakua Community <br /> Development Plan (HCDP) planning area and further designates it in an Agricultural area <br /> outside of a designated Urban Growth Boundary area and outside any designated Rural areas. <br /> According to the HCDP, Agricultural areas outside the Urban Growth Boundary and outside <br /> designated Rural area should be preserved for agricultural uses, open space, scenic <br /> viewsheds, and natural beauty. Development and use of properties in the Agricultural area <br /> shall be limited to agriculture, related economic infrastructure and cottage industries, <br />