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Home My WebLink AboutREP PC 081 2022/10/18 (2020-2022) Hawaii County Council-52 November 2,2022 BILLS FOR ORDINANCES (FIRST READING) Bill 156: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX VALUATION, CONSIDERATIONS IN FIXING Establishes that the value of property classified as apartment, hotel and resort, commercial, industrial, agricultural or native forests, or conservation cannot be assessed by the County at more than 15 petcent than the previous year's assessed value for that property. Reference: Comm. 739 Intr. by: Ms.Lee Loy Negative: FC-220(Due to a vote of 2-ayes, 7-noes) FAILED: Ayes: Council Members Lee Loy and Richards—2. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair David—6. Absent: Council Member Chung 1. Excused: None. Bill 204: AMENDS SECTION 25-8-3 (NORTH KONNA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-1 a) AT KAILUA-KONA, NORTH KONA, HAWAII, COVERED BY,TAX MAP KEY: 7-5-017:043 (Applicant: Siting. Chen) (Area: 14.968 Acnes) The Leeward Planning Commission forwards`its favorable recommendation for this change of zone request, which would allow the applicant to apply for a subdivision of the parcel into 11 lots of at least one acre. The property is located on the south side of Hualalai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1St, Puapua`anui 1St in North Kona. Reference: Comm. 952 Intr. by: Ms. Kierkiewicz(B/R) Approve: PC781 AMENDED TO DRAFT 2 AND FAILED. F. Ayes: Council Members Kierkiewitz, Lee Loy, and Richards—3. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair David—5. Absent: Council Member Chung Excused: None. Page 11 PORT OF THE COMMITTEE ON PLANNING DATE: October 18, 2022 Re: Comm. No. 952/Bill No. 204 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 2:33 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 204, reports as follows: Bill No. 204, submitted by Mayor Mitchell D. Roth, via Communication No. 952, dated August 12, 2022, amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii County Code 1983 (2016 Edition, as amended), by changing the district classification from Agricultural—Five Acres (A-5a)to Family Agricultural—One Acre (FA-la) at Kailua-Kona, North Kona, Hawaii, covered by Tax Map Key: 7-5-017:043. The applicant is Siting Chen. The project area is approximately 14.968 acres. Bill No. 204 was introduced by Chair Ashley Kierkiewicz, by request. The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would revise Conditions G, H, and I, clarifying required road construction and improvements; remove Conditions R through W, and replace them with conditions addressing listed or endangered species. The applicant proposes to subdivide the parcel into 11 one-acre lots, with the largest lot consisting of a 3.5-acre single-family dwelling, and planting an orchard and vegetable plots. The property is located on the south side of Hualdlai Road, approximately 0.6 miles east intersecting with Queen Ka`ahumanu Highway, Wai`aha 16, Puapua`anui 1., in North Kona. On September 6, 2022, Planning Consultant John Pipan and the applicant, Siting Chen, appeared before Your Committee in the Hilo Council Chambers to explain the project and provide background context. Mr. Pipan explained that the project would create the opportunity for several low impact farm lots for 11 families. He noted that each lot is one acre, enough for family agricultural activities. The requested zoning fits into the surrounding mixed residential and agricultural zoning classifications. The current request is what they came up with now, not too dense, not too spares. Compliant with the Kona CDP (Community Development Plan) and General Plan. Over $15,000 per lot in fair share; a new County road will be built and dedicated to the County, and create more property tax income for the County. Siting Chen, "Steve," was present before Your Committee and explained that moving here was his dream, and he thought Kona was the best place for himself. He wanted to listen to the community after previous rezone requests for this property were opposed, and he believed this was a good solution to which the neighbors are now excited. Committee Members Rebecca Villegas, Maile David, and Holeka Inaba brought up several concerns pertaining to surrounding traffic and the poor condition of Hualalai Street and whether the lots will be connected to sewer infrastructure or on-site septic. PC Report No.: 81 PC-81 Page 2 October 18,2022 Mr. Pipan noted that Conditions G and H will allow for future connections, and that the dedication of the road widening strip will help facilitate future improvements, which can also be supported by the fair share contributions from the project. He explained that Lot 42 is currently in Escrow, so Mr. Chen did not want to commit to running sewer lines through the lots without knowing what will happen with the lot. Mr. Pipan highlighted Condition P, which requires connection to sewer infrastructure on Lot 42, if it becomes available before subdivision approval. Mr. Pipan said it is a race between this subdivision and'what happens on Lot 42. On October 18, 2022, Chair Kierkiewicz explained that this measure was postponed for the applicant and Council Member Villegas to work together to improve the project. Mr. Pipan, who appeared before Your Committee in the Kona Chambers, explained that this property was denied by the Council several years ago due to disagreements on infrastructure. He believes that this zoning classification is the "goldilocks" scenario of not being too dense and not too sparse. Mr. Pipan summarized the concerns brought up by Your Committee during the last meeting, including the impacts to Hualalai Road, sewer infrastructure, and short term vacation rentals (STVR) and agro-tourism. He proposed several amendments to the Conditions of Approval that guarantees an installment of dry sewer systems,prohibits STVR and agro-tourism through Deed Restrictions, and commits additional fair share contributions to transportation improvements. After extensive discussion on the proposed amendments they were withdrawn to be reworded for better clarity pertaining to the prohibition of STVRs through deed restrictions and sewer infrastructure commitments. Committee Member Villegas thanked the applicant and Mr. Pipan for their willingness to meet and discuss changes to the project, but voiced her opposition to the project. Committee Members Aaron Chung and Tim Richards cautioned against making the project unaffordable by mandating extensive infrastructure improvements. The vote was then taken on the motion to move this measure to Council with a favorable recommendation and passed with five "ayes." Your Committee on Planning is in accord with the purpose and intent of Bill No. 204, and recommends its passage on first reading. jS AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING INABA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X LEE LOY x ASHLEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 81 VILLEGAS X ADOPTED: