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HomeMy WebLinkAboutREP PC 097 07/30/2002 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: July 30, 2002 RE: C-689/Bill No. 243 PLACE: Councilroom TIME: 2:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 243, transmitted by Mayor Harry Kim, per Communication No. 689, dated July 11, 2002, regarding the change of zone request by ltoy E. Ding, Jr. et al, at Kaloko, North Kona, Hawaii, TMK: 7-3-24:1 1, reports as follows: Bill No. 243 amends Section 25-8-2 (North & South Kona Zone Map), Article 8, Chapter 25 (Zoning Code), by changing the district classification for approximately 22.176 acres of land from an Agricultural (A-20a) to a Family Agricultural (FA-3a) zoned district. The rectangular shaped lot, owned in fee by the applicants, lies within the Kaloko Mauka Subdivision at approximately the 2,200 foot elevation, along the west side of Kaloko Drive and approximately 300 feet northwest of the Kaloko Drive and Hao Street intersection. All owners of the parcel have agreed to proceed with the change of zone application. On August 30, 1960, Ordinance No. 24 (Subdivision Ordinance), adopted by the Board of Supervisors regulated the subdivision of land within the County of Hawaii. Section 2-A detined the word "subdivision" as "any division of a tract, lot or parcel of land into smaller lots, plots, or parcels for the purpose, whether immediate or future, of sale, lease or rent for all except agricultural lands in excess of twenty (20) acre plots." On .1uly 11, 1961, the State Land Use Commission was created by ACT 187, SLH 1961. On April 21, 1962, the State Land Use Commission adopted the Interim Regulations and Temporary District Boundaries which designates an Agricultural District classification for lands located within the Kaloko Mauka Subdivision. On September 15, 1966, File Plan No. 994 was recorded with the State Bureau of Conveyances for the subdivision of Kaloko Mauka Subdivision -Increment I, which consisted of 29 lots with a minimum lot size of 20 acres. On December 26, 1966, Ordinance No. 389 repealed Ordinance No. 24, as amended, and replaced it with new subdivision regulations applicable to the subdivision of all land, including agricultural lands in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. 1010 was recorded with the State Bureau of Conveyances for the Kaloko Mauka Subdivision -Increment II, which consists of 42 lots with minimum lot sizes of 20 acres. Because File Plan No. 1010 was filed with the Bureau of Conveyances prior to the effective date of Ordinance No. 389, approval of Increment II by the Planning Director was not required due to the proposed 20-acre lot sizes. The North and South Kona District Zone Map adopted by the Board of Supervisors on May 24, 1967 established an Agricultural-20 acres (A-20a) zoning for the Kaloko Mauka Subdivision. PC-97 PC-97 -2- July 30, 2002 On November 19, 1974, the Kaloko Mauka Subdivision -Increment III, which consists of 24 lots ranging in size from 20 to 62 acres, was approved by the Planning Director as required by Ordinance No. 389. On February 21, 1975, 24 lots were approved under Subdivision No. 3490 and recognized as Kaloko Mauka Subdivision -Increments III, IV and V. The applicants, consisting of seven families and/or interests, are requesting a Family Agricultural-3 acre (FA-3a) zoning designation in order to subdivide the subject 22. ] 76 acre parcel into seven lots of three acres each. These individuals and/or their families have owned the subject property for over 20 years, and would like to subdivide the property so each family can construct a dwelling on their lot as either a permanent or a secondary home. The applicants have stated that they will construct a new County-approved road with related utilities within a 50-foot wide right-of--way service to each of the lots. The applicant is also prepared to accept restrictive covenants, which would limit the number of dwelling units per parcel to one as well as limit the area of ground cover. The State Land Use zoning designation is Agricultural. The General Plan LUPAG Map designates the area as Orchards. The Kona Regional Plan, adopted by the Planning Commission on April 10, 1984, designates the area as Agricultural. As the subject property lies approximately 5.1 miles from the nearest coastline, it is not situated within the Special Management Area. On June 19, 1996, the County Council adopted Resolution No. 330-96 which states that no lands above the 3,000 foot elevation within the Kaloko Mauka Subdivision or the 2,500 foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be reclassified to any zone district having a minimum lot size of less than 20 acres. The Soil Survey Report classifies the soils within the property as Kiloa extremely stony muck which consists of well-drained, thin, extremely stony organic soils over fragmental a`a lava with rapid permeability, very slow runoff and slight erosion hazard which is used for woodland and pasture. The Land Study Bureau's Detailed Classification System designates the soils as "E" or Very Poor for agricultural productivity. The applicants' Environmental Report states the soil of the property is classified as "Unique Agricultural Land." However, according to the ALISH System, the soils are classified 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. PC-97 PC-97 - 3 - July 30, 2002 Native trees and shrubs such as the ohia, silky oak trees, and tree ferns inhabit the subject parcel. Miscellaneous forest birds as the Chinese pheasant, turkeys, Hawaiian hawks and other domestic animals inhabit the area. There are no known historical or archaeological sites on the subject parcel; and there is no evidence of traditional and customary native Hawaiian rights being practiced on the property. The subject parcel is not situated at an elevation which is designated as essential habitat for the Alala. Primary access to the subject parcel is from Kaloko Drive, which has an 80-foot right-of--way with a 22-foot wide pavement and 8-foot wide grassy shoulders. The Mamalahoa Highway/Kaloko Drive intersection has been a matter of concern to the State Department of Transportation. Fair share contributions have been collected through conditions of the change of zone requests for the Kaloko subdivision, and to date, the County has collected approximately $211,093.00 for the intersection improvements. Water is available through a 4-inch waterline along Kaloko Drive from the Kaloko Site No. 3 water reservoir located approximately % mile southeast of the property. Since there is no municipal wastewater system in the area and the property is located in the Critical Wastewater Disposal Area, wastewater will be disposed of in a septic tank system in accordance with the Department of Health regulations. All other essential utilities and services are available to the subject property. The property is located within Zone X, an area outside the 500-year flood plain. Bill No. 243, Draft 2, which includes the following amendments was circulated and approved: 1. Amended the justification portion of SECTION 2 to read : "In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are:'° 2. Deleted the last two sentences of SECTION 2, 2(B): "In this case, there is a desire to protect the forest and ambience of the Kaloko Mauka Subdivision and to mitigate concerns over the Kaloko Drive/Mamalahoa Highway intersection and the use of subdivision roads. Therefore, this change in district classification is conditioned upon the following:" 3. Included some housekeeping amendments in the text of the justification portion of SECTION 2. 4. Deleted the second and third sentences of Condition E: "This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may, in addition, impose private covenants restricting the number of dwellings." 5. Deleted the phrase "or the Soil Conservation Service Management Program" from Condition F. PC-97 PC-97 - 4 - ,Iuly 30, 2002 6. Amended Condition M by correcting the dollar amount of the fair share contributions, inserting language to specify that the funds will be used to support road and traffic improvements, and specifying the Planning Department will adjust the fair share contributions annually beginning three years after the effective date of the change of zone. Committee Member Curtis Tyler then further amended Bill No. 243, Draft 2 with the following amendments: 1. Amended SECTION 2, by Restoring the language which was deleted in Draft 2. "In this case, there is a desire to protect the forest and watershed areas, to control the overall density of the area, to preserve the present ambience of the Kaloko Mauka Subdivision and to mitigate concerns over the Kaloko Drive/Mamalahoa Highway intersection and the use of the subdivision roads." 2. Inserted a new Condition C to include language which was omitted in the original bill. "The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance." 3. Renumbered the remaining conditions. 4. Amended Condition D by inserting the phrase "from the property line" in the first sentence. 5. Amended Condition E by replacing Condition "C" with Condition "D" throughout the paragraph, and deleting the word "or" from the second sentence. 6. Amended Condition I by rephrasing the first sentence to read: No interior private subdivision road right-of--way shall exceed 20 feet in width, and all....."' 7. Amended Condition N by replacing Condition "M" with Condition "N" throughout the paragraph, and deleting from the second paragraph the sentences "In lieu of paying the fair share contribution, the applicants/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Director." 8. Amended Condition O by replacing Condition "M" with Condition "N" in the first sentence. 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. PC-97 PC-97 - 5 - ,luly 30, 2002 Your Committee also concurs with the Planning Director and the Planning Commission in finding that the conditions included in the Bill No. 230, "are (1) necessary to prevent circumstances which may be adverse to the public health, safety and welfare; and (2) reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to (A) protection of the public from the potentially deleterious effects of the proposed use, or (B) fulfillment of the need for public service demands created by the proposed use. In this case, there is a desire to protect the forest and watershed area, to control the overall density of the area, to preserve the present ambience of the Kaloko Mauka Subdivision and to mitigate concerns over the Kaloko Drive/Mamalahoa Highway intersection and the use of subdivision roads." At today's meeting, this measure received four aye votes and one no vote for a favorable recommendation; however, because Council rules dictate that five votes are needed to pass a measure, Your Committee will be submitting an unfavorable recommendation to the Council. Your Committee on Planning is in accord with the intent and purpose of Bill No. 243, Draft 2; as amended to Bill No. 243, Draft 3; however, because of the vote reflected below, Your Committee is submitting a negative recommendation to the Council. AYES NOE?S A & E F,X Respectfully submitted. LEI"i'HEAD-"TODD X COMMITTEE ON PLANNING TYI,F:R X ~ j ARAKAKI X r' ~~y CI-LUNG X - - ELARIONOFF X ~ BO EAN LEITHEAD-TODD, CHAIR JACOBSON X PC REPORT NO. 9 ~ PISICCHIO X SAFARIK X ADOPTED: YAGONG X