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HomeMy WebLinkAboutREP PC 090 07/02/2002 2000-2002 REPORT OF THE COMMITTEE ON PLANNING DATE: July 2, 2002 RE: C-673 /Bill No. 230 PLACE: Councilroom TIME: 11:10 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 230, transmitted jointly with Bill No. 229 by Mayor Harry Kim, per Communication No. 673, dated June 6, 2002, regarding the change of zone request by Bert T. Cah®®n Trust, at Kalaoa 4th, North Kona, Hawaii, TMK: 7- 3-5:97, reports as follows: Bill No. 230 amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code), by changing the district classification for approximately 6.904 acres of land from an Agricultural (A-Sa) to a Single Family Residential (RS-15) zoned district. The irregular shaped lot ,owned in fee by the Bart T. Cahoon Trust, lies north of Kona Palisades Subdivision, and is bordered by Mamalahoa on the east, and `Ili`Ili Street to the west. An old coffee shack currently located on the subject parcel will be demolished to accommodate the proposed subdivision. Currently vacant, the land was previously used as pasture, and the applicant has now planted eucalyptus, ironwood and Mexican cypress trees along the northern and eastern boundaries of the subject property. The applicant intends to subdivide the subject parcel into 15 lots, ranging from 15,000 to 20,000 square feet each. Restrictive covenants for each lot will stipulate the prohibition of ohana dwellings. The lots along the subject property's mauka boundary will include aten-foot wide landscaping easement. The current State Land Use designation is Agricultural, however Bill No. 229 is seeking to change it to Urban. The General Plan LUPAG map designation is Urban Expansion, which allows a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Keahole to Kailua Development Plan, adopted on April 3, 1991 by the County Council, designates the subject parcel for residential expansion. The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the project area for residential uses at a density of four units per acre. The subject parcel is not part of the Special Management Area, as it is located over three miles from the nearest coastline. PC-90 PC-90 - 2 - July 2, 2002 The subject parcel is located between Kona Coastview Subdivision to the north and Kona Palisades Subdivision to the south. These subdivisions, essentially non-conforming residential sized lots between 8,000 to 20,000 square feet, lie within the State Land Use Urban District and County zoned Agricultural-Sa district. The USDA soil classifications are Kaimu, an extremely stony peat with rapid permeability, slow runoff and slight erosion hazard, and Punaluu, an extremely rocky peat with rapid permeability, slow runoff and slight erosion hazard. The ALISH System designation for the property is "Unclassified". The Land Study Bureau's Detailed Land Classification System classifies the soils within the property as "E" or °°Very poor" for agricultural productivity. There are no known or recorded rare or endangered animal or plant life in the area; and there are no known archaeological, cultural or historic sites located on the property. The property is located within Zone X, an area outside the 500-year flood plain. Access to the proposed subject parcels will be through `Ili `Ili Street, via the construction of a 50-foot wide, privately maintained roadway which will be built to County dedicable standards. Utilities will be placed underground. Water is available through asix-inch waterline along `Ili `Ili Street, which will be extended into the proposed subdivision to accommodate the new lots; however, according to the Department of Water Supply, only 7 units of water are available at this time. The applicant has stated that it will develop the subdivision in phases to accommodate the availability of the water units. Since there is no municipal sewer system in the area, wastewater will be disposed of in a septic tank system in accordance with Department of Health regulations. All other essential utilities and services are available to the subject property. Bill No. 203, Draft 2, which includes the phrase "condominium property regimes" in Condition J, the fair share contributions in Condition M, and "Hawaii County" in Condition O for clarification purposes, was circulated and approved by Your Committee. Committee Member Curtis Tyler then amended Condition J by deleting the sentence, "This restriction may be removed by amendment to this ordinance." He also mentioned the Department of Health suggested that language restricting the installation of certain types of wastewater disposal systems, particularly septic tanks and cesspools within 1000 feet of any wells, be included in the bill. Because no language was prepared, no motion was made to include it at this time. PC-90 PC-90 -3- July 2, 2002 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 finds 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, a condition to prohibit the construction of a second dwelling or condominium property regimes is imposed because of concerns over the overall density of the proposed subdivision and to mitigate potential impacts upon public facilities and infrastructure servicing the affected area." Your Committee on Planning is in accord with the intent and purpose of Bill No. 230, Draft 2, as amended to Bill No. 230, Draft 3, and recommends it pass first reading. AYES NOES A & E EX LEITHEAD-TODD X TYLER X ARAKAKI X Respectfully submitted, CHUNG X COMMITTEE O .,PLA G ELARIONOFF X PISICCHIO X X O JEAN LEITHEAD-T09D~D, CHAIR SAFARIK X X YAGONG X PC REPORT jViiO'. ADOPTED: y y ~ ~ I ~I~~