COM 0998.013 20062008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 2 1. Consistency with other zoning. The current county zoning for the property makai of Akoni Pule Highway is A-5a, basically similar to RA-Sa, for a distance of about 3000' to the southeast of this property, and for about 8 miles to the northwest, almost to Mahukona. (About half the coastal property to the northwest is owned by the State of Hawaii, and for much of the distance, from the coastline to about 300' mauka, the land is in the state land use conservation district). Properties across Akoni Pule Highway are also zoned R-Sa. There has not been a sufficient rationale presented to justify zoning this property in a manner more restrictive than the properties to the northwest and southeast. 2. Notice to the landowner of consequences. The prior zoning ordinance, Ordinance No. 97-102, gives the landowner clear notice that the consequences of not meeting the various time frames could include "rezoning to its original or more appropriate designation." RA-Sa zoning is very similar to Che A-Sa zoning that existed prior to the enactment of Ordinance No. 97-102, the "original" designation, and the landowner cannot claim that there was no fair notice that this rezoning could be initiated after the time frames were not met. On the other hand, there wasn't clear notice that the consequences could include a rezoning to one- third the density that the owner had before Ordinance No. 97-102 was enacted. 3. Adequacy of RA-Sa zoning to protect environmental resources. Development of the 7 lots possible under the proposed RA-Sa zoning will require a SMA major permit from the Planning Commission. With additional protective conditions in the SMA major permit, such as those in the adjoining property to the southeast, the site can be developed in a way that protects the environment and coastal viewplanes. Lastly, the RA-Sa zoning would be consistent with the resolutions from the State of Hawaii Senate of the Fourteenth Legislature and the Senate of the Twenty-First Legislature and the goals and policies of the Natural Beauty element of the General Plan. Tt would also be consistent with the current community development plan for North Kohala, which designated this area as Unplanned and encouraged the retention of view planes from major highways, through comprehensive site design review of developments which may affect the vistas along Akoni Pule Highway from Kawaihae to Hawi. The North Kohala Community Development Plan is in the process of being updated and is scheduled to go before the Planning Commission for review. The Growth Management section of the pre-final draft states that North Kohala residents have been very vocal about their desire to control the type and quantity of development that happens, and to direct its location to concentrated areas, so as to protect Kohala's rural character, agricultural lands, open space, and cultural resources. One strategy to achieve this goal is to establish a View Plane Protection Program to