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Home My WebLink AboutREP PC 047 12/06/2005 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: December 6, 2005 Re: Comm. No. 548/Bill No. 176 PLACE: Sheraton Keauhou Bay Resort & Spa, Kailua-Kona, Hawaii TIME: 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 200 and attached Bill 158, transmitted by Mayor Harry Kim, dated November 4, 2005, regarding the changing of District Classification by Errol Y. L. and Andrea B. Yim at Kaloko, North Kona. Hawaii, TMK 7-3-26:14 (25.718 acres), reports as follows: Bill No. 176 seeks to amend Section 25-8-2 (North and South Kona District Zone Map) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification of approximately 25.71 R acres of land from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-IOa). Communication No. 548 reports that the Hawaii County Planning Commission, as required by Chapter 4, Scc. 6-4.3(C), Hawaii County Char[er, considered the above request on Oetobcr 21, 2005. At this meting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 548, in synopsis, describes the Planning Director's findings as the following: I The applicants arc requesting a Change of Zone from an Agricultural 20-acre (A- 20a) to Agricultural 111-acre (A-IOa) zoned district for approximately 25.71 R acres of land. • The subject propcrt} is located on the north side of Kaloko Drive in the Kaloko Mauka Subdivision at approximateh flit 3,600-foot elevation. Exhibits "B' and `'C'~ further delineate the subject property. • The applicants intend to subdivide the subject parcel into two lots of approximately ten accts in size to be used as residential/agricultural lots • The applicants also intend to construct a dwelling on each lot valued at approximately $500,000 per dwelling. The subdivided lots are inWndcd for use by Applicants, their daughu;r and son-in-law, who arc co-owners. • Acecss to the properties will be from Kaloko Drive and Halcamau Drive, both 22-foot wide paved roadways with R-foot grass shoulders within an 80-foot right-of-way. • Water can be made available from a 4-inch waterline in Kaloko Drive which the Department of Water Supply considers the Kaloko Mauka Water System a separate system from other systems in Kona. All other essential utilities and services arc of will be made available to the site PC REPORT NO. 47 Camatnication 548 Bill 176 Page 2 2 A 1982 'Alala Recovery Plan completed by the U.S. Fish and Wildlife Service recommended that portions of the lands of Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels in Blocks R through l3 of Kaloko Mauka Subdivision. be designated as an essential habitat for the `Alala. The subject property is located at the elevation recommended for preservation as habitat for the ' Alala. 3. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona s drinking water, includes lands located within the Kaloko Mauka Subdivision and situated above the 1900 foot elevation. The subject property is located within the recharge area- 4. In order to protect the natural habitat and watersheds found in this area, the Hawaii County Council on June 2. 1997 adopted Resolution No. 5R-97. This resolution established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000 foot elevation. with certain conditions_ will protect watershed and native forest, maintaining a low density pattern Also included within Resolution 58-97 are reservation of casements and special setbacks to protect and maintain naturally forested areas and lot size limits- i. The Planning Director recommended favorabh on this rcqucst based on the following. • The Change of Zone rcqucst from Agricultural 20-acre (A-20a) to the Agricultural 10-acre (A-1 Oal district will conform to the goals, policies and standards of the General Plan F~;onomic and Land Use elements. • The Land Use Pattern Allocation Guide (LUPAG) Map designates this area as Impor[anT Agricultural Land. Soils within the property consist of well drained. thin, extremely stom~ organic soils over fragmental A'a lava and used primarily for woodland and pasture- . The propcrt} is designated as Other Important Agricultural Land (OIAL) by the Agricultural Lands in the State of Hawaii (ALISH) System. Lands in this classification arc important to agriculture yet exhibit properties such as seasonal wetness. erosion, limited rooting zone, slope, flooding, or drought that excludes them from the Prime or Unique Agricultural Land classificaUOns. • The requested Change of Zone will not alter the existing land use conditions vv ithin Kaloko Mauka Subdivision and uses permitted within the Agricultural District will allow for a vancty of agricultural activities to be conducted on the property. • The Change of Zonc rcqucst is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is located seven miles mauka of the shoreline and will not be impacted by coastal hazard and beach erosion. PC REPORT NO. 47 Colrtrninication 548 Bill 176 Page 3 • No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary native Hawaiian rights being practiced on the subject property. • To mitigate potential adverse visual impacts, Applicants will be required to retain forest reserve and stmctural setback casements in addition to retaining HO% of the lot in forest. • No second dwelling will be allowed on each lot and a "fair share' assessment will be assessed to further mitigate potential adverse visual impacts. • The propcrt~ is designaU;d as Zone "X°. which is outside ofthc 500-year flood plain. 6_ Requisite of the Planning Director's favorable recommendation for the Change of Zone request, arc fifteen conditions contained i? Bill No. l76 that outline specific requirements for the proposed project These conditions delineate decd restrictions, improvements and lot set back requirements. At [oday~s meeting, no testimony from the public was received and no discussion occurred- Your Committee on Planning concurs with the Planning Commission and the Planning Dircctor~s favorable recommendation for approval of the Change of Zonc request. Your Committee on Planning is in accord with the intent and purpose of Bill 176 and recommend it pass first reading- Mpd nv HS tvoxs n&~; H:x Respectfully Submitted, ARAKAKI X HIGA X COMMITTEE ON PLANNING HOFFMANN Ji( l/j~\ / ~ HOLSCHUH X ' --F - - IKEDA X _ ~ - -I- ISBELL X K..Angel Pilago, Chair JACOBSON ~ X PILAGO X SAFARHC _4- _ X PC REPORT NO. 47 ADOPTED: _ DEC 2 I Z~