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Home My WebLink AboutREP PC 055 01/23/2002 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: January 23, 2002 RE: C-476 /Bill No. 151 PLACE: Councilroom TIME: 3:00 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 151, transmitted by Mayor Harry Kim per Communicatic~~ No. 476, dated January 9, 2002, regarding the change of zone request by Kann Center Speeia@ty Cnr~srsrati€sn, at Kaloko, North Kona, Hawaii, TMK: 7-3-24:1 and 2, reports as follows: Bill No. 151 amends Section 25-8-2 (North and South Kona Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code by changing the district classification for approximately 44.643 acres of land from an Agricultural (A-20a) to a Family Agricultural (FA-Sa) zoned district. The subject property, owned in fee by the applicant, is located within the Kaloko Mauka Subdivision- Increment 1, on the south side of Kaloko Drive at approximately the 2,440-foot elevation. It is overgrown with vegetation and trees, and vacant of any uses and structures. On August 4, 2000, the applicant filed the original application requesting a change of zone from Agricultural (A-20a) to Family Agricultural (FA-3a), for approximately 45.482 acres (TMK: 7-3-24: 1 and 2) and Pala:ni Ranch Co., Inc. (T;~1K: 7-4-2: Portion of 8). However the applicant has submitted the amended application due to the concerns expressed by the residents of the Kaloko Mauka community. On August 30, 1960, Ordinance No. 24 (Subdivision Ordinance) was adopted by the Board of Supervisors regulating the subdivision of land within the County of Hawaii. On April 2l, 1962, the State Land Use Commission adopted Interim Regulations and Temporary District Boundaries which designated an Agricultural District classification for lands located within the Kaloko Mauka Subdivision. On September 15, 1966, File Plan No. 994 (Kaloko Mauka Subdivision, Increment I) was recorded with the State Bureau of Conveyances. Increment I consists of 29 lots which have a minimum lot size of 20 acres. On December 26, 1966, Ordinance No. 389 repealed Ordinance No. 24, as amended, and surfaced new subdivision regulations applicable to the subdivision of all land, including agricultural lands in excess of 20 acres. On December 28, 1966, File Plan No. 1 O 10 for Kaloko Mauka Subdivision -Increment II was recorded with the State ;;ureau of Conveyances. On May 24, 1967, the North and South Kona Districts Zone Map was adopted and established an Agricultural -20 acres (A-20a) zoning for the Kaloko Mauka Subdivision. On November 19, 1974, Final Subdivision Approval of Kaloko Mauka Subdivision -Increment III was approved by t1.c Planning Director as required under Subdivision Ordinance No. 389; and on February 21, 1975, these 24 lots were recorded witl~ the Bureau of Conveyances, and recognized as Kaloko Mauka Subdivision - increments III, IV and V. The applicant is proposing to develop an 8-lot, 5-acre minimum subdivision which will preserve the character of the land and protect and maintain the naturally forested areas. The development is expected to be completed within 5 years at a cost of ypproximately $600,000 for subdivision improvements. The applicant is also willing to prepare a Traffic Impact Analysis Report at the Mamalahoa Highway and Kaloko Drive intersection. PG-~5 PC - 5 5 - 2 - January 23, 2002 The General Plan LUPAG Map classification is Extensive Agricultural. The Kona Regional Plan designation is ,'lgricultural. The properties are not situated within the Special Management Area. Kaloko Mauka Subdivision -Increment 1 extends from the 1,700 foot elevation to the 5,700 foot elevation of Hualalai. Rezoning approvals for properties within the subdivision have been occurring from 1976 to the present. Baween the 1,700 to 2,500 foot elevation, the lands are zoned Family Agricultura'_ (FA-3a), and Agricultue=.! (A-3a and A-20a). F3etwcen the 2,500 to 3,000 foot elevation, the lands are zoned FA- 3a, A-3a, A-Sa, A-l0a and A-20a. At the 3,000 to 4,500 foot elevation, lands are zoned A-7a, A-l0a and A-20a. Immediate adjacent lands to the north, west and east are zoned A-3a. Lands to the northwest are A-20a, and to he northeast are A-Sa. Those lands are undeveloped forested lands. Lands to thy: south are zoned A-20a, a=~d uses include grazing or n_:~tural forests. Surrounding land uses include farm dwellings, plant nurseries, agricultural activities, and undeveloped, forested land. The USDA's Soil Survey Report classifies soils within the properties as Kiloa extremely stony muck which consists ofwell-drained, thin, extremely stony organic soils over fragmental a`a lava with rapid permeability, ~«ry slow runoff, and slight erosion hazard. This soil is used for woodland and pasture. The Land Study Bureau classifies soils as "E" or Very Poor for agricultural productivity. The ALISH system classif€cs the soils as "Other Important Agricultural Land", which is land other than prime or Unique Agricultural Land that is also of wide or local importance for agricultural use. The subject property is located within Zone X, an area determined to be outside the 500-year flood plain. The subject property lies below the area designated by the `Alala Recovery Plan. The subject properties are heavily forested with native trees and shrubs such as ohia, tree fern, as well as other non-native plants. Wildlife in the area consists of miscellaneous forest birds such as Chinese pheasant, turk;,ys, hawks, and other mammals. Minimal clearing is not expected to damage habitat for the wildlife. Huehue Ranch, the original developers of Kaloko Mauka funded an archaeological study of the Kaloko ahupua`a in 1 f70 and 1971. The discovery of the remains of an agricultural field system which extended up to the 3500-foot elevation was a significant find. Recent archaeological studies by Paul H. Rosendahl, PhD., Inc. in t!c immediate vicinity revealed no findings. Also, archaeological surveys on thr;:e other parcels in the vicinity of the subject property revealed that there are no known historic sites on those parcels. Access to the subject property from Mamalahoa Highway is by Kaloko Drive, a County roadway, with an 80-foot right-of--way with a 20-foot wide pavement and 8-foot wide grass shoulders. Fair share contributions have been collected through the change of zone requests which the Hawaii County Council have approved for the Kaloko area. Also, Ordinance No. 94-92, appropriated an additional X48,000 toward the Mamalahoa Highway/Kaloko Drive intersection improvement project. The applicant, in order to facilitate the timely construction of necessary improvements to the intersection, has proposed to prepare a Traffic Impact Analysis Report for the Mamalahoa Highway/Kaloko Drive intersection ar~~ perform a conceptual deviffn analysis and cost estimates for the intersection improvements. The cost for the TIAR will offset the applicant's fair share contribution. PC-55 PC - 3 - January 23, 2002 County water 'ss available to the properties evithin the subdivision from Kaloko Booster Pump No. 1 via a 4-inch waterline along Kaloko Drive. The Kaloko Site No. 3 water reservoir is located adjacent to the project area. The subject properties are located in the Critical Wastewater Disposal Area where cesspools are not allowed; therefore, a septic tank system will be required, and wastewater will be disposed of in accordance with the policies and standards of the Department of Health. All other essential utilities and services are available to the subject property. Bill No. 151, 1'3raft 2, which included the fair share contributions in Condition N, inserted "Hawaii County" for cla-ification purposes in Condition Q, and deleted from Condition G "US Department of Agriculture -Natural Resources Conservation Service" because they do not do Forest management Plans, was circulated <<>nd approved by Your Committee. Committee ML:rnber Curtis Tyler, however, proposed to amend the bill a bit further by wanting to insert language to limit the y-oad access for the lots, and to ensure that the cost of the TZAR would not exceed the applicant's portion of the fair share contribution. He explained that he would refine the languag, then surface Bill Nc. 151, Draft 3. He also explained that the applicant's agent has been working closely with the community to ensure thah all concerns arc agreed upon. Committee Member Julie Jacobson questioned the purpose of Condition O and stated that we are not doing the proper analysis first, that the TZAR should be completed first. Committee Member Dominic Yagong agreed. Your Chair then explained that the Kaloko Subdivision is unique because we don't usually charge fair share contributions on agricultural lots; preserve forests; and have a dire need to improve an intersection, but for Kaloko ~~~~e do. She also mentioned that if we did not place restrictions on the Kaloko ~.onings, the applicants cou?~d cut dorm all the trees on the parcel and put one animal there to claim the agriculture credit and pay lower taxes. Your Committ~;e 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. 151, Draft 2, as amended to Bill No. 151, Draft 3, and recommends it pass first reading. AYES NOES A & E F,X LEI~FHEAD-TOi~D X Respectfully submitted TYLF,R X ARAKAKI X COMMITTEE O LA G I.A I()NOFF X X _ ~ L a'~??/,~ JACOBSON X O JE N LEITHEAD-TODD, CHAIR- PISICCHIO X SAFARIK X PC REPORT NO. YAGONG X ADOPTED:~R ~ ~~T