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Home My WebLink AboutREP PC 015 04/05/2005 2004-2006 RF,PORT OF THE, COMMITTEE. ON PLANNING Un Il~:: ~ypril 5.2005 Rc: Comm. No. 174Bi11 No. 62 PI.n(`I?: Council Chambers hlMi~:: 1:30 p.m. Council Chair Safarik and Members I lawai'i County Council I lilo_ I IaNai`i 96720 Your Connniuce on Planning, to which was referred Bill No. 62, reports as &~Ilows: Bill No. 62. transmitted by Mayor I tarry Kim, via Communication No. 174, dated March 15.'_005, regarding a Change ol'7onc reyucst application by Bruce B. F,asley. al Kaloko. North kona. I Iawai'i. ~I'MK: 7-3-27:7, reports as follows: Bill No. 62 seeks to amend Section 25-R ? (North and South Kona District 7onc Map), article K. Chapter 25 (7,oning Code). Hawaii County Code, by changing the district classification from agricultural (A ~Oa) to ngriculwral (!~-l0a) for approximately 20.254 acres of land at Ikaloko, North Kona, covered by ~I~MK: 7-3 ?7:7. Communication No. 17d reports that the { Iawai'i County Planning Commission, as required by the Chapter -1. Section 6-d.3(C), Hawaii County Charter. considered the above request on I'ebruary 1 K. 2005. At this meeting, the Commission concurred with the Planning Director's favorable reconuncndation for your approval of this matter. Communication No. 174, in synopsis. also reports the Planning Director's findings and recommendations as the following: 1. ~fhe applicant, Bruce B. I?asley. is requesting a Change of 7onc from the Agriculhu~al 20- acre (n-20a) to the agricultural 10 acre (A-I Oa) zoned district for approximately 30?54 acres of land. 'hhe property is located along the north side of Kaloko Drive across from the haloko Drivo-Kapehe Street intersection. Map I?xhibit `A" further delineates the subject parcel. I he applicant is the owner ofthe parcel and intends to create an additional agricultural lot by subdividing the subject parcel inui two agricultural properties that will be approximately 10-acres each in sire. 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 privily forested. i. access to the proposed site is proposed through Kaloko Drive, a 22-foot wide paved County roadway with K-loot grassed shoulders within an RO-tiiot wide right-of-way. -I. all essential utilities arc or will he made available to the site as part of this pr~~ject. l~he subject parcel is located live miles away ti~om emergency tiro and medical services. PC REPORT NO. I ~ . Communication 174 Bill 62 Page 5. A 19R? 'Alala Recovery Plan completed by the U.S. Fish and Wildlife Service reported that properties located in Blocks 8 through 13 above the 3,200 to 3,400 foot elevation on the west slopes of I lualalai should b~c designated as essential habitat for the'Alala Bird population. The suhject property is located in Block 9 at the 3,800-foot elevation. 'fhc propcrt} is located at the elevation recommended for preservation as a habitat fbr the 'cVala. If a habitat were established, it is probable that a management plan for the area ~uxdd need to be developed and inclusive of the suhject parcel. 6. Lands situated above U~c L900-trot elevation level in the Kaloko Mauka Subdivision arc included within the Kona Watershed area according to the Office of State Planning~s Water Resource Research Center. "phis parcel is located within the subdivision at the ;,800-1001 clc~°ation. 7. In order to protect the natural habitat and watersheds found in the Kaloko area, the I lawai'i County Council on .tune 2, 1997 adopted Resolution 58-97. Resolution 58-97 established maximum density limits oftwo-dwellings per twenty acres for properties located in die Kaloko Mauka Subdivision above the 3.000-foot elevation. hiduded within the resolution also arc casement and setback boundaries and lot limits. The suhject parcel falls within the scope of this resolution. 8. "I~he Department of Transportation has expressed concern in the past over the numerous rezoning occun~ing in the Kaloko area and the cumulative impact these actions will have on r0adwa}s and traflic conditions. This rezoning request falls within this scope of concern. l~hc approval of the Change of 7,one request from Agricultural 20-acre (t1-20a) to the Agriaihurol I U-acre (n-I Oa) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: • "I~he rezoning action complements the Housing and Economic F,lement goals. ohjcctivcs, and/or policies articulated in the Hawaii County General Plan, particularly those relating to diversification of economic activities and housing opportunities. • ~I'hc rcroning action conforms to the Land Use f~aemenl of the Hawaii County General Plan and the LUPnG D?lap designation for the area. The LUPnG Designation is Extu~sive agriculture and current land uses in the area are agriculture. pastoral and low-density residential. • ~fhe project site is "unclassilicd° by the State of Hawaii ALISH Map. 'T'he Land Usc Study Bureau's Overall Master Productivity Rating for the soils in the area is "I('~ or "very poor.-. • l~he rezoning rcyucst is compatible with the rural character of the area and consistent with the "Agriculture" recommendation made in the Kona Regional Plan. Communication 17-1 Rill 63 Page 3 • 'I~hc approval of the Change of 7.onc Request will not be violative of Chapter 205A. I lavv'ai'i Revised Statutes. 'I~he 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 ofthis request. • 'fhc Flood Insurance Rate Map (FIRM) identifies the parcel "X"outside the 500-year hood plain. • KO'%~ of the praperly's lorest cover will be retained and a Forest Management Plan completed for the subject parcel, in compliance with Resolution 58-97 and the 'Alala Kccoccn Plan. • ~fo address DO~f's roadwav and Iraftic concerns, roadway exactions will he assessed on this rezoning rcyuest. 9. Rcyuisitc of the Planning Director's favorable recommendation for the Change of Lone request arc approximately seventeen conditions contained in Bill No. 62 that delineate decd restrictions, improvements and lot cutback requirements for the proposed prgject. nt today's meeting. (ircg Mooa's, rcpresentativc of the applicant, stated that the owner is committed to a Ibrest reserve where 80% of the land is retained as forest to save the watershed. which is consistent with Resolution No. 58-97. Your Committee agreed that Condition K should he amended as ft~Ilows: l . Condition R. The applicant shall make its lair share contribution to mitigate the potential regional impacts of the subject property with respect to roads, The amount of the lair share contribution shall be the sum which is the product of~multiplying the number ul lots proposed to be suhdivided by the amounts allocated hereinbdow for each such lot, and shall hcannc due and payable within ninety days of the effective date of this ordinance ~ a ~ e~ +rxrerriei~t. i n u. ,...i,. ,i.,,oa ~ ti ,,...,,.,a:.,,, ttio .,,,.,,i~r erf fhe fair share contribution to address the potential road impacts shall be in the Ibrm of cash and/or in-kind services approved by the County Council and shall he applied to improving the Kuloko Drive/Mamalahoa Highway intersection. The fair share contribution shall have a value of $9,472 per additional lot. Rased upon the applicant's representation of intent to ~ivified~ subdivide and develop up to ~t~ve'~~ one 1 addition,.il lot, the indicated total fair share contribution is ~.~Nll:rtetal-a+rit ~ n ~ , a ..a . _oa : ,tio aEtuaE ~ i r u r ~ i...~ i,.. +o+11a-i+~~-t4~+~:-#+tien~ $9,~t72. 'I~hc lair share contribution shall be allocated as li~llows: • $9,-172 per lot tirr an indicated total of ~$11~944~19~ $9,472 to the State or (`ounty to support road and tratiic improvements. Communication 17d Bill 6? Page ~ This amendment would conform to the standard condition and policy that applies fair share contributions to additional lots that are created. Your Committee concurs with the Planning Commission and the Planning Director's lavorable recommendation for approval of This Change of 7onc request. Your Committee on Planning is in accord with the intent and pwpose of Bill No. 62, as amended to Urals and recommends it pass first reading. snu - I _ _ - _ r.~~ _ Fors ~hr: _ icy Respectfully submitted ~H11. X1.1 _x_ - _ CO~F. ON PI, NNING III( ~ _ X 1101 rnL(NN X _ _ Ilols( Illifl X Ihr:on x - - c offnr n 'o-Cha Itil3 ra.l. X - _ _ _ g > rll.nco x K. An el I ila o 'o-Chair s~ralill. x P~ I;POR'I N<). I5 nuoPrl:I~: APR 2 0-7005