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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