HomeMy WebLinkAboutREP PC 101 08/13/2002 2000-2002 REPORT OF THE
COMMITTEE ON PLANNING
DATE: August 13, 2002 RE: C-674/Bill No. 232
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. 232, transmitted jointly with Bill
No. 231 by Mayor Harry Kim, per Communication No. 674, dated June 6, 2002, regarding the
change of zone request by domes Family Limited Partnership, at Hienaloli 2nd, North Kona,
Hawaii, TMK: 7-5-10: portion of 65, reports as follows:
Bill No. 232 amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
Code), by changing the district classification for approximately 9.746 acres of land from an
Agricultural (A-Sa) to a Single Family Residential (RS-20) zoned district.
The rectangular shaped lot, owned in fee by the applicant, lies to the east (mauka) of the Queen
Kaahumanu Highway Extension, and north of the Kealoha and Kona Heights Subdivisions. The
Hienaloli drainage way lies to the north, vacant land to the east, and the Kealoha, Kailua View
Estates and Kona Heights subdivisions to the south.
The applicant intends to subdivide the subject parcel into 15 lots, each consisting of a minimum
20,000 square feet. All utilities will be located underground, and subdivision covenants would
prohibit ohana dwellings.
The current State Land Use designation is Agricultural, however a simultaneous request to
change it to Urban is concurrently being processed. 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.
The subject property is located outside the study area of the Keahole to Kailua Development
Plan, and the Master Plan for Kailua-Kona.
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 northern portion of the property lies in the AE Flood zone, and any development within the
flood plain will be subject to the requirements of Chapter 27, Hawaii County Code.
The subject parcel is not located within the Special Management Area.
The ALISH System designation for the property and surrounding area is "Unclassified". The
Land Study Bureau's Detailed Land Classification System classifies the soils within the property
and surrounding area as "C" or "Fair," "D" or "Poor", and "E" or "Very Poor" for agricultural
productivity. The US Soil Survey classifies the soils as Waiaha, an extremely stony silt loam
with moderately rapid permeability, slow runoff and slight erosion hazard used mostly for
pasture.
PC-101
PC-101 - 2 - August 13, 2002
There are no known or recorded rare or endangered animal or plant life in the area. An
archaeological inventory survey and mitigation plan prepared by Haun and Associates identify 22
sites with 134 component features. All 22 sites were assessed as significant for information
content, and of these 22, seventeen were assessed solely for information content with no further
work of preservation recommended. The remaining five sites have the potential to yield
information important for understanding prehistoric and early historic land use and recommended
for data recovery. The land owner decided to preserve four of the five sites leaving only one site
to be subjected to data recovery.
Access to the subject property is through Kawena Street in the Kealoha Subdivision. Although
the roads for the proposed subdivision are currently proposed as private and not for immediate
dedication to the County, future development mauka of the current project site may provide
future opportunities for road connections. Testimonies submitted to the Council by residents
from the area oppose this development because of the traffic impact concerns.
Water can be made available to the site from an existing County water system in the Kona
Heights Subdivision. According to the Department of Water Supply, only a total of 7 water units
can be made available to support the proposed 15-lot subdivision. Discussion between Your
Committee and the applicant's representative, Greg Mooers, informed us that there is now ample
water available for this development.
Since there is no municipal wastewater system available in the area, wastewater will he treated in
individual wastewater systems.
All other essential utilities and services are available to the subject property.
First agendized on July 2, 2002, this measure was deferred because the applicant's representative
was out of town. Then on July 30, 2002, the measure was again deferred until today because
Committee Members had questions for the Department of Public Works.
Bill No. 232, Draft 2, with the following amendments was circulated and approved by Your
Committee.
1. SECTION 2. Amends the first sentence of SECTION 2 by inserting "standard language
to read "In accordance with Section 25-2-44, Hawaii County Code, the County Council
finds the following conditions are:".
2. SECTION 2. Deletes the last two sentences of part (B), "In this case, a condition to
prohibit the construction of a second dwelling 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. Therefore, this change in district
classification is conditioned upon the following:"
3. SECTION 2. Includes some housekeeping amendments in the text of the justification
portion.
4. Condition inserts "or condominium property regimes" into the first sentence. Deletes
the last two sentences: "This restriction may be removed by amendment of this ordinance.
The owner may also impose restrictions on additional dwellings as a private covenant
enforceable by the owners."
5. Condition L. Inserts the fair share contributions.
6. Condition N. Inserts "Hawai`i County" for clarification purposes.
PC-10 I
PC-lOl -3- August 13, 2002
Bill No. 232, Draft 3, which included the following amendments addressing the concerns of Your
Committee, was also circulated and approved.
1. Condition G.
a. Deletes "The applicant shall consult with the Planning Department and the
Department of Public Works regarding additional roadway connections to
adjoining parcels, prior to the submittal of plans for subdivision review."
b. Inserts "The interior roadway system shall be stubbed out to the adjoining
parcel to the east to be consistent with the County's regional roadway
circulation plans. This roadway will be constructed to dedicable standards
and dedicated to the County. This road shall be barricaded at the eastern
boundary of the subject property until such time that this roadway is
connected through the adjoining parcel to Kakalina Street and Kakalina
Street is continued to the north."
2. New Condition M. Inserts "Wastewater shall be disposed of in a manner meeting
with the requirements of the Department of Health."
Committee Member Julie Jacobson stated she would oppose this measure because of the flood
issue. Committee Member Nancy Pisicchio stated that she would consult the Planning
Department regarding the flood situation.
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 also concurs with the Planning Director and the Planning Commission in
finding that the conditions are (1) necessary to prevent circumstances which may be adverse to
the public health, safety and welfare; or (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 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.
For informational purposes only, because Committee Member Nancy Pisicchio needs to resolve
the flooding issue, she voted "kanalua" twice.
PC-101
PC-101 -4- August 13, 2002
Your Committee on Planning is in accord with the intent and purpose of Bill No. 232, Draft 3,
nd recommends it pass first reading.
AYES NOES A & F: F;X
LEITHEAD-TODD X Respectfully submitted,
TYLER X
ARAKAKI X COMMITTEE LA
CHUNG X -
- - - 2%t~=~~~
ELARIONOFF X _ _ _
JACOBSON X Y JEAN LEITHEAD-TODD, CHAIR
101
PISICCHIO X PC REPORT NO. Q ((11
SAFARIK X ADOPTED: AUG ~ S ZOuZ
YAGONG X