HomeMy WebLinkAboutREP PC 009 02/15/2005 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATE: February 15, 2005 Re: Comm. No. 63/Bill No. 20
PLACE: Council Chambers
TIME: 1:30 p.m.
Council Chair Safarik and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 20, reports as follows:
Bill No. 20, transmitted by Mayor Harry Kim, via Communication No. 63, dated
December 21, 2004, amends section 25-8-7 (North and South Kohala Districts `Lone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district
classification for 6.507 acres from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at
Ouli, South Kohala, Hawaii, TMK:6-2-11:33.
The owners, Robert and Christine Almeida, requested the reclassification in order to subdivide
the property into two lots. They plan on constructing a dwelling on one lot. They plan to sell the
second lot and anticipate the new owner will construct a dwelling on it as well.
The Hawaii County Planning Commission considered the request and accompanying
Bill No. 19 and concurred with the Planning Director's favorable recommendation on this
matter.
The property was created on October 23, 1990 as one of the original 36 lots of the Anekona
Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a. Since 1998, the County
Council has approved similar requests for rezoning in the Anekona Estates Subdivision.
The proposed use would be consistent with the County's Land Use Pattern Allocation Guide
Map. The proposed use would also be consistent with the land use (Single Family Residential)
and housing elements of the General Plan.
[n accordance with Section 25-2-44, Hawaii County Code, the Council finds the following
conditions 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 potentially deleterious effects of the proposed use;
and
B. Fulfillment of the need for public service demands created by the proposed use.
Communication 63
Bill 20
Page 2
The applicants, its successors or assigns shall be responsible for complying with the following
conditions:
1. The requirements of Chapter 205, Hawaii Revised Statues, relating to
permissible uses within the state land use rural district.
2. Final subdivision approval of the subject property shall be secured within five (5)
years from the effective date of this ordinance.
3. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and Condominium Property Regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State Bureau of Conveyances shall be submitted to the Planning
Director for review and approval prior to the issuance of final subdivision
approval. A copy of the recorded document shall be filed with the planning
department upon its receipt from the Bureau of Conveyances.
4. No access to the property shall be allowed to and from Kawaihae Road (Hwy 19).
5. At the time improvements at the Kawaihae Road-Anekona Street or Kawaihae
Road-Kanehoa Street intersection are made by the State Department of
Transportation, the applicants, its successors or assigns shall pay their fair share
amount for the required improvements which will be determined by the Planning
Director in consultation with the Department of Transportation.
6. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigation measures have been taken.
7. The applicants shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
8. Should the Council adopt a unified impact fees ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the unified impact fees
ordinance.
9. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
Communication 63
Bill 20
Page 3
a. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or assigns,
and that are not the result of their fault or negligence;
b. Granting of the time extension would not be contrary to the General Plan or
zoning code;
c. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone;
d. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year);
e. If the applicants should require an additional extension of time, the Planning
Director shall submit the applicants' request to the County Council for
appropriate action.
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate rezoning of the subject area to its original or more appropriate
designation.
Planning Committee Co-Chair Pete Hoffmann voiced opposition, citing feedback from a poll he
mailed to residents of Waimea. The majority of residents responding to a survey conducted by
Mr. Hoffmann indicated that they did not support approval of more subdivisions like this. He
indicated particular concern over the cumulative traffic impact of numerous small project
approvals.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 20 and
recommends it pass first reading.
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AYES NOES ABcE EX Respectfully submitted,
ARAKAKI X
RIGA X N L NNING
HOFFMANN X
HOLSCHUH X e~r offma o- it /
1KEDA X 1 ~
ISBELL X
JACOBSON X K. Angel Pilag , o-Chair
PILAGO X PC REPORT NO. 9
SAFARIK x ADOPTED: MAR Ol 2CC5