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Home My WebLink AboutREP PC 006 01/09/2001 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE January 9, 2001 RE: C-47Bi11 No. 14 PLACE Councilroom TIME 2 11 p.m Char and Members Hawat~ County Council Hilo, Hawai`~ 96720 Your Committee on Planning, to which was referred Bill No. 14, transmitted by Mayor Harry Kim per Communication No 47, dated December 26, 2000, regazding the Change of Zone request by Robert and Virginia I{arpovich, at Kahei, North Kohala, Hawaz`i, TMK 5-5-1 122, reports as follows: B~11 No. 14 amends Section 25-8-8 (Upolu Point-Kaauhuhu Homesteads Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 6.473 acres of land from an Agricultural (A-Sa) to a Family Agricultural (FA-3a) zoned district. The flag/~rregulaz-shaped subject property, owned in fee by the applicant, ~s located m the Kaauhuhu Homesteads and is approximately 467 feet east of Kynnersley Road. It is currently vacant of any structures and ~s presently being used for cattle grazing. Originally part of a 37.86 acre parcel, which the applicants purchased from Kohala Corporation in 1979, the applicants want to reclassify the subJect parcel from A-Sato FA-3a to subdivide the property into two lots consisting of 3 0 acres and 3.473 acres m size to allow for more intensive agricultural development such as the production of greenhouse tomatoes, peppers, citrus fruit and grazing The applicants have stated that "after the subdivision, deed restrictions will assure that agricultural use is maintained " Ordinance No 82-815 reclassified approximately 37.86 acres of land from A-20a to A-Sa under TMK 5-5-1 22 On January 16, 1984, the Planning Director granted Final Subdivision Approval (SUB 5057) to create five lots in varying lot sizes• Lot 8-A (5.858 acres, TMK 5-5-1 22), Lot 8-B (6.049 acres, TMK: 5-5-1 118), Lot 8-C (6.493 acres. TMK 5-5-1 119), Lot 8-D (.459 acre, TMK• 5-5-1 120), and Lot 8-E (19 001 acres, TMK 5-5-I 121) On June 14, 1984, Final Subdivision Approval (SUB 5057-a) to further subdivide Lot 8-E consisting of 19 001 acres to create three lots was granted by the Planning Director The lots created are. Lot 8-E-1 (7 527 acres, TMK 5-5-1.121), Lot 8-E-2 (6 473 acres, TMK 5-5-1 122), and Lot 8-E-3 (5.001 acres, TMK 5-5-1.123) The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area as lntensive Agricultural, which aze used for sugar, orchazd, diversified agriculture and floriculture PC-6 PC-6 Page 2 January 9, 2001 The North Kohala Community Development Plan (CDP), adopted as Resolution No 2-84 by the Planning Commission in September 1984, further defines the General Plan and serves as a guide for land use development The Land Use Concept Map designates the azea for Small Scale Agriculture. The subject property is located approximately four miles from the neazest coastline and ~s not situated within the SMA boundary Access to the property is from Kynnersley Road, a County mamtanned road The soil is classified as Amakea which consists of well-drazned silty clay loams with moderately rapid penneabilnty, slow to mednum runoff, and slight to moderate erosion hazard. The Agncultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the property as Prime Agncultural Land The Land Study Bureau's Detailed Land Classification System classifies the soil as "C" or Fair The subject property ns located withinn Zone "X", an azea determined to be outside the 500-yeaz flood plain Because the property had been used for sugar cane cultivation in the past and continues to be used for cattle grazing, the applicant believes it is unlikely that there are any rare or endangered floral or faunal resources and archaeological features found within the property The property will not adversely impact any recreational (including access to and along the shoreline) or visual resources to the shoreline and coastal ecosystems Surrounding lands immediately to the north and south of the property aze zoned A-3a and A-Sa, and to the west and east aze A-20a Land uses nn the suroundtng area include a mnx of agricultural activities with interspersed residences and vacant lands. Although lands are zoned A-20a, the ma~onty of the parcels aze 8 acres or less in size. The Maliu Ridge Subdivision, located about '/z mile further to the west of the subject property, consists of 74 lots zoned A-la and 39 lots zoned A-2a Water ~s available to the property from existing waterlines. A wastewater disposal system will meet with the requirements of the State Department of Health Electrical and telephone services are available to the property, and police, fire services and the Kohala Hospital aze available in Kapaau, approximately 3 miles from the subject area Committee Member Curtis Tyler reiterated some of the background information, and mentioned that because the land is classified as Prime Agncultural Land, this measure will require a two-thirds vote of the body responsible for the reclass~ficatnon or rezoning action. He also PC-6 PC-6 Page 3 January 9, 2001 questioned the comment from the Real Property Tax Office regazding the possibility of having rollback taxes, but the applicant explained that the statement is incorrect because there will be no rollback taxes because the land is dedicated to agriculture. In response to another question from Mr. Tyler, the applicant responded that some of the parcels from the January 1984 subdivision have been sold He also explained that he currently works on Maul, but intends to grow crops on the subJect property after it is subdivided and he moves back Committee Member Julie Jacobson explained that although this is an unusual circumstance, she will support the measure Committee Member Leningrad Elazionoff explained that he has known the applicants for some time and they are people who keep their word if they say they will do something. He is also Impressed with what the applicants have done with the land, which was once caneland Your Chair stated that she has mixed feelings about the subdivision because it is prime agricultural land and she has seen other properties zoned agricultural used as residential lots However, because of the contents of the Community Development Plan, she wall vote for the measure She also reiterated Mr. Tyler's concern to include the standard language to prohibit the construction of second dwellings to limit the density of the azea, and to include a condition that states access to the subject property shall be designed in accordance with Chapter 22 of the Haw•ai`i County Code and meet with the approval of the Department of Public Works Although no formal motion was made at today's meeting, an amended bill with the aforementioned concerns will be presented to the Council as Bill No. ] 4, Draft 2 Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the Change of Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 14, and recommends it pass first reading AYES NOES A & E EX LEITHEAD-TODD X Respectfully submitted TYLER X COMMITTEE O LA G ARAKAKI X Z~r CHUNG X G ELARIONOFF X O Y J AN LEITHEAD-TODD, CHAIR JACOBSON X PISICCHIO X PC REPORT NO 6 SAFARIh h ADOPTED JAN 2 4 ~nm YAGONG X