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Home My WebLink AboutREP PC 014 04/05/2005 2004-2006 REPORT OF THF. COMMITTEE ON PLANNING DAI~Ii: April 5, ?005 Rc: Comm. No. 173/Bill No. 61 PI.ACI~:: Council Chambers ~I~IMI:: 1:30 p.m. Chair and Members I lawai'i Counh~ Council I lilo. I lawai'i 96720 Your Connniuce on Planning, to which was referred Bill No. 61, reports as follows: Bill No. GI, transmittal by Mayor Harry Kim, via Communication No. U3, dated March I5. 200$, regarding a Change of Zonc request application by Kristine Deutsch, at Kaloko. North Kona, I lawai'i,'hMK 7-3-26:1 I, reports as follows: Bill No. 61 seeks to amend Section 25-8-2 (North and South Kona District Zonc Map), Article K. Chapter 25 (Zoning Code). Hawaii County ('ode, by changing the district classification li~om Agricultural ?Oa) to Agriculhu~al (A-l0a) for approximately 20.75 acres of land at Kaloko, North Kona. awcrcd hv'I~MK: 7-3-?6:11. Communication No. 173 reports that the Hawaii County Planning Commission, as required by the Chapter q. Section 6-4.3(C), E lawai'i County Charter, considered the above request on February I K. '_'005. At this meeting, the Commission concurred with the Planning Director's favorable recommendation fir your approval of this matter. Communication No. 173, in synopsis. also reports the Planning Director's findings and recommendations as the Ibllowing: I . The applicant Kristine Deutsch. is requesting a Change of lone from the Agricultural 20-acre (A-20a) to the Agricultural 10 acre (A-I Oa) zoned district ibr approximately 20.475 acres of land. The property is located along the southeast side of Kaloko Drive across fi~om the Kaloko Drivo-Haleamau Street intersection. Map Exhibit "A" further drlincales the subject parcel. l~hc applicant is the owner of the parcel and intends to create an additional agricultural lot by subdividing the subject parcel into two agricultural properties that will he approximately 10-acres each in size. A dwelling is also proposed for each lot at an estimated cost of $450.000 each. Currently, no buildings exist on the subject parcel, and the site is heavily forcsled. 3. Access to the proposed site is proposed Uirough Kaloko Drive, a 22-ibot wide paved ('punt} roadway v`ith 8-Ibot grassed shoulders within an KO-foot wide right-oi~-way. -1. All essential utilities arc or will be made available to the site as part ofthis project. l~he subject parcel is located five miles away from emergency fire and medical services. PC RFPOR'T Nt). I d Conummication 173 Bill 61 Page 5. A 19R? 'Alala Recovery Plan completed by the U.S. Fish and Wildlife Service reported that properties located in Blocks R through 13 above the 3,200 to 3,400 foot elevation on the west slopes of liualalai should be designated as essential habitat lbr the 'Alala Bird population. The subject property is located in Block 7 at the 3,300-toot elevation. The property is located at the elevation recommended for preservation as a habitat Ibr the 'Alala. If a habitat were established, it is probable that a management plan Ibr the area would need to be developed and inclusive of the subject parcel. 6. Lands situated above the 1,900-fool elevation level in the Kaloko Mauka Subdivision are included within the Kona Watershed area according to the Of[ice of State Planning's Water Kcsource Research ('enter. This parcel is located within the subdivision at the 3, 300-ibot dcvation. 7. In order to protect the natural habitat and watersheds found in the Kaloko area, the I lawai'i County Council on Junc 2, 1997 adopted Resolution SR-97. Resolution 58-97 established maximum density limits oftwo-dwellings per twenty acres for properties located in the Kaloko Mauka Subdivision above the 3,000-foot elevation. Included within the resolution also are easement and setback boundaries and lot limits. 'l~he subject parcel lalls within the scope of this resolution. K. ~fhe Ucpartment of l~ransportalion has expressed concern in the past over the numerous rezoning occurring in the Kaloko area and the cumulative impact these actions will have on roadwa}s and Uaftic conditions. phis rezoning request lalls within this scope of concern. l~he approval of the Change of Zone request from Agricultural 20-acre (A-20a) to the Agricultural 10-acre (A-I Oa) zoned district would result in an appropriate land use pattern that will hirther bcnelit the public based on the lollowing: • I~he rezoning action complements the Housing and Iconomic P.lement goals. objectives, and/or policies articulated in the Hawaii County Ueneral Plan, particular)}~ those relating to diversification of economic activities and housing opportunities. • l~hc rezoning action conl~~rms to the Land Usc Element of the Hawaii County General Plan and the Ll IPAG M.ap designation for the area. The LUPAG Designation is Exlensice Agriculture and current land uses in the area are agriculture, pastoral and low-density residential. • l~hc project site is "unclassilicd" by the State of Hawaii ALISI I Map. The Land Usc Stud}' Burcau~s (h~crall Master Productivity Rating for Usc soils in the area is or 'va'y poor.. • fhc rezoning request is compatible with the rural character of the area and consistent with the "Agriculture" recommendation made in the Kona Regional Plan. Communication 17 Bill GI Page 3 • ~I'hc approval of the Change of done Request will not he violative of Chapter 205 A. { Iawai'i Revised Statutes. The property is not situated within the Special Management Area. It is located approximately seven miles away from the coastline. • No archeological sites, cultural. historical resources, nor species arc expected to be adversely affected because of this request. • 'I~he Flood Insurance Rate Map (FIRM) identifies the parcel "X" outside the 500-tear hood plain. • RO°ill of the property's fbrest cover will be retained and a Forest Management Plan completed ibr the subject pared. incompliance with Resolution 58-97 and the 'Alala Recovery Plan. • ~fo address D(PI°s roadway and traffic concerns, roadway exactions will he assessed on this rei.oning request. 9. Requisite of the Planning Director's favorable recommendation for the Change of lone request arc approximately seventeen conditions contained in Bill No. 61 that delineate deed restrictions. improvanents and lot setback requirements for the proposed project. At today ~s meeting. (ircg Mooers, representative of the applicant, stated that the owner is committed to a fiJrest reserve where RO°/1 of the land is retained as forest to save the watershed. which is consistent with Resolution No. SR-97. four Committee agreed that Condition K should be amended as follows: 1. Condition K. 'hhe applicant shall make its fair share contribution to mitigate the potential regional impacts ohthe subject property with respect to roads. 'hhe amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow fbr each such IoL and shall become due and payable within ninety days of the effective date of this OYdlnanCC. ~If ~L.~ M: o..~.. : l..J:. :.J o.J o 0 o.a, tl..~.. ..f il.., Il.: .L.,.~ ,.,..a.-: I. i:... ,1. .,...J l.lo G:.,..I C l..J:.:~L~.. A......,.~ ,.I ,~f ~.,,.h ' ,...e 1..,11 L,..., J,... L.~ ~.I ~ti~ ~.....,.......,J:..,. t.. tl.,........ r.,~....4' #HE 1i~l~cnr' . ~;r.:eRJ ' ~ ~ : '^~^~°~^°nt~ The fair share conu'ihution to address the potential road impacts shall be in the Ibrm o9~cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa I lighway intersection. The fair share contribution shall have a value of $9,472 per additional lot. Based upon the applicanCs representation of intent to subdivide and dcvdop up to one (1) additional lot, the indicated total fair share contribution is ~ t16'~~~-S{fkN~iV#dl'@~-EE)l9-'ftE.,.,...,J:.... ,1.,, ,.,.1....1..x:,... ,,..,a o... poi +2~ ' ~ ~°~~~~J'''~~~~ $9,-172. l~he fair share contrihution shall he allocated as Ibllows: • $9,472 per tut (br an indicated total of $9,472 to the Stale or County to support road and U'aflic improvements. Cunununica(ion 173 Bill 61 Page d phis amendment would a>nii~rm to die standard condition and policy that applies lair share conU'ibutiuns to additional lots that arc created. Yuur Committee concurs with the Planning Commission and the Planning Directors favorable recommendation Ibr approval of this Chan;_e of "bone request. Yuur Committee on Planning is in accord with die intent and purpose of Bill No. 61, as amended to Dralt ? and recommends it pass lirst reading. amc - - - - - .~~me ~ui:e ~~r. n.~ Rcspectf~ully submitted ~Hnh,v;l x ~,1? ON PI, N ING Ilion - x - - - - ~ IIUHT~1:1'VN X nolscnl~n x ~ - ~~ete-1# ~ ann o- iai IhH.u:~ x ISRELI. X i u Daum x - ru vt o X K Angel Pih ~ , Co-Chair s~H ~rtlh X ~ P RIiPOR~ N(> _ 14 nDOi>~rr.D: ~PR_~ 0 200