REP PC 045 03/08/2012 2010-2012 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE: March 8, 2012 Re: Comm. No. 451/Bill No.138 PLACE: Council Chambers Hilo, Hawai'i TIME: 2:30 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 451/Bill No. 138, reports as follows: Bill No. 138, transmitted by Mayor William P. Kenoi, via Communication No. 451, dated October 20, 2011, is an Ordinance amending Section 25-8-33 (City of Hilo Zone Map),Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) by changing the District Classification from Agricultural - Three Acres (A-3a)to Family Agricultural - One Acre (FA-la) at Ponahawai, South Hilo, Hawaii. Also enclosed were favorable recommendations from the Windward Planning Commission Chair Zendo Kern. The applicants request this zone change in order to subdivide the property into two parcels consisting of a 1-acre lot and a 3.747-acre lot. Bill 138 was postponed at the December 7, 2011 Planning Committee meeting to the January 19, 2012 Planning Committee meeting. At the January 19, 2012 Planning Committee meeting, Bill 138 was postponed to the Call of the Chair to allow the applicant to work with Council Member Ikeda's office on possible amendments regarding Conditions F and M. Council Member Ikeda moved to amend Bill 138 with the contents of Communication 451.3, which amends Condition F regarding a 15-foot wide future road widening setback along the entire property frontage along 'Akala Road, and deletes Condition M, the fair share provision in its entirety. He further stated that there is also a condition in Bill 138 to not allow any further subdivision of the property. The applicant, Mr. Marc Butz, came forward to describe the location of the existing house on the property and the reasons he is requesting the zone change. Council Member Yagong asked Planning Director Ms. Leithead Todd to explain her position regarding removing the fair share provision. Ms. Leithead Todd explained that the past practice was that the Planning Commission would not apply fair share conditions; however, the Council would apply conditions to residential lots but not agricultural lots. She stated that now it is included in the ordinances so the Council doesn't have to amend the ordinances to include the costs. She also stated that it is applied to lots of one-acre or less and this has been the practice for the last 16 years. PC Rept.No.: 45