HomeMy WebLinkAboutREP PC 002 12/19/2000 2000-2002 REPORT OF THE
COMMITTEE ON PLANNING
DATE December 19, 2000 RE C-17Bill No. 8
PLACE• Councilroom
TIME• 2:10 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 8, transmitted jointly with Bill
No 7, by Mayor Stephen K Yamashiro per Communication No. 17, dated November 30, 2000,
regarding the Change of Zone request by Peter Messmer, at Puehuehu, North Kohala, Hawaii,
TMK 5-4-2: Portion of 6, reports as follows:
Bill No 8 amends Section 25-8-8 (Upolu Point-Kaauhuhu Homesteads Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii Cotutty Code, by changing the distract classification for
approximately 2.421 acres of land from an Agricultural (A-20a) to a Single Family Residential
(RS-15) zoned distract
The irregulaz-shaped subject property, owned in fee by the applicant, is located on the mauka
side of Akoni Pule Highway in the vicinity of K Takata Store, approximately 800 feet west of its
intersection with Kynnersley Road The vacant subject property, which will be subdivided into
six single family residential lots ranging from approximately 15,000 to 20,000 square feet in size,
is a portion of a 22 421 acre parcel. This zoning would be consistent with the existing RS-15
zoning in the area. Access to the proposed lots would be via the 50-foot wide easement with no
direct access onto Akom Pule Highway The remaining 20 acres would be consistent wrath the
A-20a zoning and would continue to be used for cattle grazing and/or other agnculttiral uses
The applicant intends to place restrictive covenants into the deeds of the proposed lots to prohibit
the construction of second dwellings The property was previously used for sugaz cane
cultivation and is presently used intermittently for cattle grazing
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Low
Density Urban Development, which allows single faintly residential homes, ancillary community
and public uses, and convenience type commercial uses
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 suggests that the general area fronting
Akom Pule Highway, including the subject area, is appropriate for residential uses, up to four
units per acre
The subject property is located more than two miles from the nearest coastline and is not situated
wrthm the SMA boundary
The soil is classified as Kohala, which consists ofwell-drained stlry clays that formed in matenal
from basic igneous rock influenced by volcanic ash, with moderately rapid permeability, slow
runoff and slight erosion hazard The soil is used for irrigated sugazcane
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The Agricultural Lands of Importance to the State of Hawaii (ALISH) classifies the property as
Prime Agnculttual Land (per the State constitution "lands identified by the State as important
agricultural lands" need to be approved by two-thirds vote of the body responsible for the
reclassification or rezoning action) The Land Study Bureau's Detazled Land Classification
System classifies the soil as "B" or Good for agricultural productivity
The subject property is located within Zone "X", an azea determined to be outside the 500-yeaz
flood plain.
Because the property was cleazed by bulldozers in the past for sugar cane cultivation, and has
been intermittently used for cattle grazing, the applicant believes it is unlikely that there aze any
raze or endangered floral or faunal resources, and azchaeological 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 Also, no long term azr and
noise quality impacts aze anticipated
Surrounding lands immediately to the north and east of the project site aze zoned Single Family
Residential (RS-15), and to the east neaz the Akoni Pule Highway and Kynnersley Road
intersection aze zoned Village Commercial (CV-10) Those lands include a mix of residential
and commercial uses To the northwest and diagonally across the project azea, the land is zoned
Neighborhood Commercial (CN-20) Lands immediately to the west and south aze zoned
Agricultural (A-20a) and aze in pasttue or vacant In April 1998, the Council approved
Ordinance No 98-36, which reclassified approximately 9 8 acres of land from A-20a and RS-15
to RS-10 for a 34-lot residential development on the mauka stde of Akom Pule Highway
ad~oimng the existrng residential propemes
Water can be made available from an 8-inch waterline along Akom Pule Highway fronting the
project site On October 5, 2000, the applicant secured a water commitment for the proposed
development from the County Department of Water Supply A wastewater disposal system will
meet with the requirements of the State Department of Health Electrical and telephone services
aze available to the property, and police and fire services and the Kohala hospital aze available in
Kapaau, approximately 2 miles east of the project area
Bill No 8, Draft 2, which included the updated fair shaze contributions, was circulated and
further amended to Bill No 8, Draft 3 by Your Committee Committee Member Curtis Tyler was
concerned about Condition C and felt additional language should be included in there to say the
road easement would be constructed in accordance with the Subdivision Code, so a "friendly
amendment" was made recommending Mr Fuke, the applicant's representatrve, work on the
necessary language with Your Committee Mr Tyler also amended Condition F to state the
restrictive convenants in the deeds shall prohibit the construction of second dwellings instead of
ohana dwellings
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Committee Member Julie Jacobson stated she would be voting "kanalua" and "no" against this
measure because she wants to be consistent about the preservation of prime agricultural lands.
Your Chair mentioned that she would look into the possibility of adding a condition to collect
fair share contributions for education, like a similar zoning, which we recently discussed in the
Planning Committee.
Your Committee did not entertain further discussion on this measure.
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. 8, Draft 2, as
amended to Bill No. 8, Draft 3, and recommends it pass first reading.
AYES NOES A & E EX
LEITHEAD-T'ODD X
TYLER X Respectfully submitted
ARAKAKt X X COMMITTEE O,N'PLANG
CHUNG ~
ELARIONOFF X ~ ~ ~
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.IACOBSON X ~
PISICCHIO X SOB JEAN L~ITHEAD-TODD, HAIR
SAFARIK X PC REPORT N _ 2
YAGONG X ADOPTED: 10 ~au~