The URL can be used to link to this page

Home My WebLink AboutREP PC 040 10/23/2001 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: October 23, 2001 RE: C-367/Bill No. 1 14 PLACE: Councilroom TIME: 1:12 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 1 14, transmitted by Mayor Harry Kim per Communication No. 367, dated September 27, 2001, regarding the Change of Zone request by Robert J. ~ :~sanabe9ie ]d~. Shai~enberger, at Puukapu, South Kohala, Hawaii, TMK: 6-4-30: 15, reports as follows: Bill No. 1 14 amends Section 25-8-1 1 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 10.133 acres of land from an Agricultural (A-40a) to an Agricultural (A-Sa) zoned district. The irregular shaped subject property, owned in fee by the applicants, is located on the northwest corner of the intersection of Mud Lane, Hawaii Belt Road, and Mamalahoa Highway, adjacent to and east of Aina Moluhi Subdivision. It originally consisted of 58.094 acres and was subdivided to its present size. The applicants propose to subdivide the property into two lots, each with minimum of approximately five acres in size. The applicants wish to construct a home on one of the lots but do not intend to immediately improve the second lot, which will continually be used for horse grazing. There are currently two storage sheds and two trailers located on the lot used for the existing horse grazing activity but the two sheds will be torn down at a later date. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation is Intensive Agricultural, which allows uses for sugar, orchard, diversified agriculture, and floriculture activities. The property is not situated within the Special Management Area, as it lies more than 5 miles and 14 miles, respectively, from the nearest Hamakua and South Kohala coastline. Surrounding lands are located within the State's Agricultural District. The Aina Moluhi 14-lot subdivision located adjacent and immediately to the west of the property is zoned A-Sa and consists of a mixture of residences, cattle/horse pastures, and vacant lands. Lands to the north and within the Hamakua District are zoned A-40a and are in pasture; to the east are similarly zoned A-40a lands which includes the Waimea Country Club golf course site. The Kamuela Lakeland Subdivision, located to the south directly across the Hawaii Belt Road, is zoned A-1 a and consists of approximately 212 lots ranging in size from 8,000 to 12,410 square feet primarily in residential use. To the west are the Pleasant Acres Subdivision, consisting of 1 1 1 lots averaging 10,000 square feet in size; and the Kamuela Meadows Subdivision, consisting of 164 lots averaging 9,750 square feet in size. These subdivisions include mixed residential uses, limited grazing activities, and vacant lands. In June 1983, the County Council approved the change of zone request for the development of the 48 acres, Aina Moluhi Subdivision, to A-Sa. The subdivision approval of the 5-acre lots was granted in 1985. The ALISH classifies a major portion of the property as "Prime Agricultural Land", which means the land has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. A sliver of land along the Hawaii Belt Road and Mud Lane is classified as "Other Important Agricultural Land", which are lands other than Prime or Unique Agricultural lands that are also of statewide or local importance for agricultural PC-40 PC-40 Page 2 October 23, 2001 use. The Land Study Bureau's Detailed Land Classification System classifies the soils as "C" or Fair for agricultural productivity. The U. S. Soil Survey classifies the soils as Maile, which consists of well- drained silt loams that formed in volcanic ash with moderately rapid permeability, very slow to slow runoff and none to slight erosion hazard. These soils are used for pasture, truck crops, and woodland. The property is located within Zone "X", an area determined to be outside the 500-year flood plain. According to the applicant's environmental report, the property is dominated by exotic grasses and low shrubs, consisting of strawberry guava, Indian fleabane, kiawe, Lantana, Christmas bevy, etc. Common animal species in the area include filed mice, mongoose and pigs. There are no known or recorded rare or endangered animal or plant life in the area, However, the endangered Hawaiian hawk or I`o, and the Short-eared owls or Pueo have been observed flying over the area. The applicants have stated that the property has been in continuous grazing for at least 65 years and there are no known archaeological, cultural or historic sites on the property. The primary access to the subject property is from Hawaii Belt Road and the applicants propose to utilize the existing access as a common driveway for the proposed lots. Water is provided by an existing 12-inch water line that fronts the property. The Department of Water Supply states that there are presently two one-inch service laterals, one with a 5/8-inch meter on the property. According to the Department of Health, there is no municipal sewer system in the area, so the applicant would be required to install a septic tank system to dispose of wastewater. All essential utilities and services are available to the subject property. Bill No. 114, Draft 2, which included amendments to clarify the language in Conditions B, C, D, E, and G was circulated and approved by Your Committee. Committee Member Curtis Tyler proposed to include as a new condition the standard language to prohibit the construction of a second dwelling on the property, but he met with opposition because Chapter 205, Hawaii Revised Statutes, stipulates that farm dwellings are permitted on such lands. Committee Member James Arakaki then stated he would still like to include a new condition, which prohibits condominium property regimes and his motion was approved by Your Committee. Committee Member Curtis Tyler then commented that although he, too, would like to see that condition in place, felt this proposed condition may be inconsistent with the State law. Mrs. Shallenberger, when questioned by members of Your Committee, explained that they have no further plans to subdivide the property any further. They want to sell five acres and retain the remaining land for themselves. There will only be one access to the parcel from the State highway. PC-40 PC-40 Page 3 October 23, 2001 Your Chair explained that there is no intent to place the fair share contributions on this zoning or similar zonings. Your Committee has been considering charging the fair share contributions on all upcoming zonings, but nothing has been agreed upon or determined. If and when any decision is made, public notification will be made. In response to a question, Your Chair explained that ol~ana dwellings do not apply to agricultural land because these lands are regulated by Chapter 205 of the Hawaii Revised Statutes and that the second dwelling has to be a farm dwelling. Committee Member Julie Jacobson explained that to be consistent with her stand on the preservation of agricultural lands, she would be voting against this measure. For information purposes only, Committee Member Curtis Tyler voted "kanalua", and "yes", and wants an opinion from Corporation Counsel regarding the insertion of the condition prohibiting the condominium property regimes. Committee Member Nancy Pisicchio voted "kanalua" twice. 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 CommitteL on Planning is in accord with the intent and purpose of Bill No. 1 14, Draft 2, as amended to Bill No. 1 14, Draft 3, and recommends it pass first reading. AYES NOES A & E F,X LEI"t"HEAD-TODD X TYLER X Respectfully submitted ARAKAKI X COMMITTEE ON ANN[N C H UN G X ELARIONOFF X .IACOBSON X 013 JEAN LEITHEAD-TODD, CHAIR PISICCHlO X SAFARIK X PC REPORT NO. 40 YAGON(' X ADOPTED: NOV 0 ~ ZO01