REP PC 025 2015/09/01 (2014-2016)

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REPORT OF THE COMMITTEE ON PLANNING DATE: September 1-2015 Re: Comm. No. 424Bill No. 79 PLACE: Council Chambers Hilo, Hawaii TIME: 9:01 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill 79, reports as follows: Bill No. 79, transmitted by Mayor William P. Kenoi via Communication No. 424 dated August 3, 2015, amends Section 25-8-3 (,North Kona District 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 -1a) at Keopu 3rd, North Kona, Hawaii, covered by Tax Map Key: 7-5-024:078. The applicant is the Charles F. Lipps, Jr. and Janet S. Lipps Trust, and the subject parcel covers 3.039 acres. The applicant is requesting the change of zone to subdivide the property into two lots (1.565 acres and 1.474 acres) in size, with the makai (1.565 acre) lot to be com eyed to the applicant's daughter so that she can build a residence. The Planning Department's negative recommendation to the Leeward Planning Commission (as provided in Communication No. 424) included this statement: "While we understand the desire of the applicant to provide a lot for his daughter to build a residence, the Platming Director has an obligation to consider the appropriate land use patterning in the area. The subject property is one of fifteen (15) 3+ acre parcels in the mauka portion of the subdivision which has maintained A -3a zoning for 42 years (rezoned from A -5a to A -3a in 1972— Ordinance No. 479). Changing the zoning to FA -ala would be a significant departure from the existing A -3a zoning district, and could set a precedent should other property owners desire similar changes in zone. This could create a denser, more residentially -focused land use pattern that is inconsistent with the intent and policies of the General Plan, LUPAG IAL designation and State Land Use Agricultural District for this particular section of Kona. Moreover, while there is county water available for the additional lot which would result from this change of zone request, the Department of Water Supply has indicated that water availability is limited to support increased residential density in this area, thus, approval of this request would result in de facto FA -1 a spot zoning for this parcel which would not be available to surrounding landowners. "Based on the above, the request for a Change of Zone from an Agricultural (A -3a) to a Family Agricultural (Fa -la) zoned district would not result in an appropriate land use pattern and would not further the public convenience, necessity and general welfare." PC Report No. 25