REP PC 098 07/06/2006 2004-2006 - Laserfiche WebLink

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Communication 764 Bi11248 Page 2 of 3 The proposed change of zone is located in an azea designated in the General Plan as Important Agricultural Lands, a classification which is generally applied to lands which are capable of producing "sustained, high agricultural yields." The Land Study Bureau's Detailed Land Classification System identifies soils on the property as class "B" or "Good." Currently, approximately 14 acres of the subject property are utilized as pasture land for cows and horses, 4+ acres are cultivated with fruit trees and avocado trees, and 2+ are used for growing Hawaiian botanical plants and `awa. The applicant states that he and the Cornelius family intend to cultivate additional high-end ornamental landscape plants and foliage on the two pazcels if this rezoning request is approved. The landowners state that they intend to build a propagation nursery and greenhouse, as well as an in-ground propagation site for coconut palms. Essential services and utilities aze available to the project site. Sewer service does not extend to the properly, and the two existing residences aze currently served by two separate cesspools. The Federal Emergency Management Agency Flood Insurance Map (FIRM) identifies the site as "X" or outside the flood plain. Requisite of the Planning D'irector's favorable recommendation for the Change of Zone request are eighteen conditions contained in Bill No. 248 that outline specific requirements for the proposed project. Condition "C" requires the applicant to obtain Final Subdivision Approval within five (5) years from the effective date of the ordinance, and Condition "D" prohibits the construction of a second dwelling unit as well as condominium property regimes on each lot. At the April 18, 2006 meeting of the Planning Committee, this rezoning application was postponed at the request of the applicant. Mr. Eby requested the postponement until the July 6,2006 meeting, because he was in California caring for his mother. At the July 6, 2006 Planning Committee meeting applicant provided background information regazding his application for change of zone. He explained that he and Mr. Cornelius jointly own the subject properly and that he intends to expand his landscaping business [o include tropical fruits and already has approximately 4 acres planted in `awa. Due to his co-ownership with Mr. Cornelius, applicant is unab?e to secure fmancing and that's why they chose to pursue subdividing the subject property into two parcels. Council Member Dr. Holschuh questioned whether this measure required a fair share contribution. Committee Vice Chair Hoffmann stated he recalls in a prior subdivision application in which buildings already existed, no impact fees were assessed. However, Mc Hoffmann noted that in similar rezonings from A-20 to A-10 in North Kona, he recalled impact fees were assessed as new structures were being proposed to be built. In this case, two dwellings already exist. Mr. Eby stated that with respect to his good faith efforts to obtain legal access to the County owned Maliu Road from the State and the owner of the adjouring lot (Condition E), Mr. Eby said he has been in contact with the State and understands the various departments aze working on this. He has the State Department of Transportation's approval, but was told he should first try for Maliu Road. Mr. Eby stated that at one time he did consider applying fora 5-lot subdivision, but that has changed. He assured the committee he does not intend to further subdivide the property and confirmed that all appropriate azchaeological surveys have been completed. PC REPORT NO. 98