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Home My WebLink AboutREP PC 016 04/05/2005 2004-2006 REPORT OF THE COMMIT'TF.F: ON PLANNING Ua'Il~:: .April 5, 2005 Ke: Comm. No. 175/Bill No. 63 PI,a('I~:: Council Chambers I~IMI~:: 1:30 p.m. Council ('hair Salarik and Members I lays°ai'i ('ounty Council I lilo, l lawai'i 967211 Your ('ununittec un Planning, to which was referred Bill No. 63. reports as follows: Bill No. 6 transmitted by Mayor I tarry Kim, via Communication No. 175, dated March 1 2005, regarding a Change of lone request application by Matthew K. Mather, at Iknloko, North Kona. Hawaii, I~MK: 7-3-27:6, reports as follows: Bill No. 6; seeks to amend Section 25-H-2 (North and South Kona District zone Map). Article 8. Chapter 35 (zoning ('ode). I lawai'i ('ount~.~ Code, by changing the district classification from agricultural (a-20a) to Agricultural (a-l0u) for approximately 21.695 acres of land at Kaloko, North Kung, cocercd b~ "hMK: 7-3 ?7:(i. Communication Nu. 1 75 reports that die Hawaii County Planning Commission. as required by the Chapta~ ~4, SccLiun 6-d3~C), I Iayvai'i County Charter, considered the above request on I~ebruar} I K, 3005. at this meeting. die Commission concurred with the Planning Director's foy Dyable recommendation fbr your approval of this maller. Communication No. 175, in synopsis. also reports the Planning Director's findings and recommendations as the follovv~ing: 1 . 7~he applicant, Matthew K. Mather, is requesting a Change ofzone from the Agricultural 30-acre (a-20a) to the agricultural 10-acre (a-I Oa) zoned district for approximately 31.695 acres of land. The property is located along the north side of Kaloko Drive across li~om the Kaloko Drive-Haleamau Street intersection. Map [ixhibit "a" further delineates the suhjecl parcel. The applicant is the owner of the pa~ccl and intends to create an additional agriculwral lot by subdividing the subject parcel into two agricultural properties that will be approsima~cl~~ 10-acres each in size A dwelling is also proposed for each lot at an cstinrucd cost of $450,000 each. Currcn~ly, no buildings exist on the subject parcel. and the site is hcavih Ibrested. Access to the proposed site is proposed through Kaloko Drive, a 22-~<iot wide paved ('uunt~ roadway with A-fool grassed shoulders within an RO-toot wide right-o~~-way. 4. all essential utilities arc or will be made available to the site as part of this project. ~I~hc suhjecl parcel is located live miles away from emergency tiro and medical services. PC RI~;POKf NO. 16 Communication 175 Bill 63 P~i~~c 5. A 1982 'Alala Recovery Plan completed by the U.S. Fish and Wildlife Scrvicc reported that properties located in Blocks 8 through 13 above the 3,200 to 3.400 foot elevation on the west slopes of Hualalai should be designated as essential habitat for the'Alala Bird population. "I~he subject property is located in Block 9 at the 3,700-toot elevation. 'hhc property is located at the elevation recommended for preservation as a habitat for the 'Alala. If a habitat were established, it is probable that a management plan for the area ~~ould need to be developed and inclusive of the subject parcel. 6. Lands situated above the L900-trot elevation Icvcl in the Kaloko Mauka Subdivision are included within the Kona Watershed area according to the Oftice of State Planning's Water Resource Research ('enter. 'I~his parcel is located within the subdivision at the 3.700-loot elevation. 7. In order to protect the natural habitat and watersheds found in the Kaloko area, the I lawai'i County Council on June 2, 1997 adopted Resolution 58-97. Resolution 5K-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 arc casement and setback boundaries and lot limits. The subject parcel falls tiithin the scope of this resolution. K. The Department of~lYansportalion has expressed concern in the past over the numerous rezoning occurring in the Kaloko area and the cumulative impact these actions will have on roadways and battle conditions. This rezoning request falls within this scope of concern. The approval of the Change of lone request from Agricultural 20-acre (A-20a) to the Agricultural 10-acre (!~-l0a) zoned distric~. would result in an appropriate land use pattern that will further hrnclit the public based on the following: • l~hc rezoning action complements the Housing and Economic Klement goals. objectives, and/or policies articulated in the Elawai`i County General Plan. particularly those relating to diversification ofeconomic activities and housing opportunities. • l~hc rezoning action conforms to the Land Use lilemenl of the I Iawai'i County (icncral Plan and the LUPACi Map designation for the area. l~hc LUPAG Designation is I(slensive Agriculture and current land uses in the area are agriculture, pastoral and low-density residential. • The prgjcct site is "unclassitiec'~ by Use State of Hawaii ALISI I Map. 'fhe Land l use Study Bureau's Overall Master Productivity Rating for the soils in the area is "F;" or ..eery poor... • l~he rezoning request is compatible with the rural character of the area and consistent with the "Agriculture° recommendation made in the Kona Regional Plan. Conununicalion 175 Rill 63 Pace 3 • 'I~hc approval of thr Change of 7,one Request will not he violative of Chapter 205A, I lawai'i Revised Statutes. l~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 capcctcd to be adversely affected because of tl~iis raluest. • l~he Flood Insurance Rate Map (FIRM) identifies the parcel "X° outside the SOU-year hood plain. 80"r<~ of the propcrty~s forest cover will be retained and a Forest Management Plan completed for the suhjcct parcel, incompliance with Resolution 58-97 and the 'Alala Rcanrry Plan. • 'fo address DO'1"s roadway ana. U'aflic concerns, roadway exactions will be assessed on this rezoning request. 9. Requisite of the Planning Directors favorable recommendation for the Change of Lone request arc approximately seventeen conditions contained in Rill No. G3 that delineate deed restrictions, improvements and lot setback requirements for the proposed project. AI today's meeting, Greg Mooers. representative of the applicant, stated that the owner is conuniuai to a Ibrest reserve where 80% of the land is retained as forest to save U~c watershed. ~~hich is consistent with Kesolution No. SR-97. Your Committee agreed that Condition K should be amended as follows: 1. Condition K. 'fhe applicant shaft make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. 'hhe amount of the Ihir share contribution shall be the sum which is the product of multiplying the numhcr of lots proposed to he subdivided by the amounts allocated hereinbelow tirr each such lot, and shall become due and payable within ninety days of the effective date of this ordinance. ~ lr,~.,. wa:.,:a.a : _ „ o ,ti., i+3c~~ . pr ~„~~ri,~r~~ 'fhe fair share contribution to address the potential road impacts shall be in the form ot~cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa I liglnvay intersection. I~hc lair share contribution shall have a value of $9,472 per additional lot. Rased upon the applicanPs representation of intent to ~~eEi] subdivide and develop up to ~iw~r(s~ one (1) additional lot, the indicated total fair share contribution is i.nn i,,,.. ~ ,tip ~.~,~r ,.ti ,ii do o o,a „ .oa. ,.oa : n,., aN-c+aF~, ~;T-ittl~#i-v~iFlec# kat+~.,....,r... ~ti., ,..,i,.,,i,,,:,,,, ,,.,,a ~ 'R'.T~t-ie~+r~ $9,472. ~fhc fair share contribution shall be allocated as follows: $9,472 per lot fur an indicated total of ~$18,944.(IA~ $9,472 to the Slate or County to support road and traffic improvements. (communication 175 Rill (~3 Page I~his amendment would conlbrm to the standard condition and policy that applies lair share contributions to additional lots that are created. Your ('onunittcc concurs with the Planning Commission and the Planning Director's favorable recommendation fir approval of this Charr;.c of Zone request. Your ('onunillec on Planning is in accord with the intent and purpose of BiII No. 63, as amended to Draft ? and rcconuncnds it pass tirst reading. snx pus rvors s.~r. r:~, Respectfully submitted ~Rnhnhi x COMMI'1"I~EIi ON PLANNING Wien x _ - - _ Fiorrni~w~N x - - uoLSCntm x _ _ , ihr:un X ian -Chair is~;r i i, x - - - - inr oistioN X _ v _ - - - - - Pn u.o X K. nngcl Pilag . o-('hair - - - ti,u nRih I X PC :PORT NO. - _ -_I_G-_ - - - - - nlx~rrr:D: APR 2 0 2005