HomeMy WebLinkAboutREP PC 046 12/06/2005 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 6, 2005 Re: Comm. No. 547/Bill No. 175
PLACE: Sheraton Keauhou Bay Resort & Spa, Kailua-Kona
TIME: 1:30 p.m.
Council Chair and Mcmbcrs
Hawaii County Council
Hilo- Hawaii 96720
Your Committee on Planning- to which was referred Communication No. 547 and Bill No. 175, transmitted
by Mayor Harry Kim, dated November 4, 2005, regarding a Change of Zone request by Martin E. Smith al
Kanchoa Estates Subdivision, Ouli, South Kohala, Hawaii,
TMK: G-2-I 130 reports as follows:
Bill No. 175 seeks to amend Section 2508-7 (North and South Kohala), Article 8, Chaplcr 25 (Zoning Code)
of the Hawaii County Code, by changing the District Classification oC approximately 5.304 acres of land
from Agricultural 5-acres (A-Sa) to Residential and Agriculture 2-acres (RA-2a).
Communication No. 547 reports the Hawaii County Planning Commission, as required by the Hawaii
County Charter, Chapter 4. Section 6-43(C). considered the above request and accompanying Bill No. 175
on October 21.2005. The Commission concurred with the Planning Director's favorable recommendation on
this matter- Communication No X47, in synopsis, reports the Planning Director's lindings and
recommendations as llrc following-
I The applicant is an owner of the propcrt}'. The applicant is requesting a Change of 7.one for 5.304
acres from the Agricultural District to the Residential and Agricultural District.
The subject property is located m Kanchoa Estate Subdivision along the south side of Kawaihac
Road with access Irom Kanchoa Slrecl intersection in Ouli, .South Kohala. Access to the property is
from Kanchoa Street to Easement 22 (Aho Place), a private roadway with an approximately 50-foot
right-of-wa}~ with 16 feet of asphalt paving and grass shoulders.
3 The applicant is also requesting a conerurenl State Land Usc Boundary Amendment (Bill No. 174)
from the Agriculture District to the Rural District.
4_ The applicant is requesting the State Land Usc Boundary Amendment and the Change oCZonc so
that he may further subdivide the property into two residential/agricultural lots. The applicant
proposes [o construct a new dwelling on each of the two proposed lots. The property has previously
been used for pasturing animals
5 The subject property was part of the original 27-101 Kanehoa Estates Subdivision that was created in
1985.
4 The approval of the Change of Zone request from the Agricultural District 5-acre (A-Sa) to a
Residential and Agricultural 2-acre (RA-2a) zoned district would result in an appropriate land use
pattern that will further benefit the public based on the following:
• A Stale Land Usc Boundary Amendment (Bill 174) is being concurrently processed with this
request.
PC REPORT NO. 4G
Communication 547
BiII 175
Page 2
• The requcst conforms to both the Land Use Commission Rules and [he Hawaii State Plans goals
and policies on Housing, which supports and encourages the setting of low-density rural housing
within the County, in appropriate locations, to meet the needs of its residents. The subject property
is situated in the immediate vicinity of the Kanehoa Estates Subdivision, which includes existing
Rural, and Residential and Agriculture lands and uses.
• The action also complements the Land Use and Housing elements of the General Plan by providing
additional rural and residential-agricultural housing opportunities in designated areas. The General
Plan LUPAG Map designates [he subject properh as Rural.
• The properly is not currently being uscxl for active agricultural purposes. The property is
"unclassificd~~ on the State oC Hawaii s Agricultural Lands of Importance to the State of Hawaii
(ALISH) map. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in
the area is "E" or "Very Poor'. Therefore, the reclassification will not be detrimental to the
agricultural land inventory in the Count}~ of Hawai'i_
• The propery has no severe geological or topographical problems which cannot be properly
rectified or which would render the land unusable.
• All essential services and utilities arc or will be made available to the project site.
• The Fcdcral Emergency Management Agency Flood Insurance Map (FIRM) identifies the site as
"X" or outside the SOU-year flood plain.
• The requcst is not expected to have a significant adverse impact to traditional, customary Hawaiian
rights or resources nor is it adjacent to the shoreline. The subject property is located six miles
away from the shorchnc.
7. Requisite of the Planning Dircclor~s favorable recommendation for the Change of Zonc requcst are
nine conditions contained in Bill No. 175 that outline specific requirements for the proposed project
Condition E requires tho applicant to pay the appropriate fair share amount for required
improvements to the Kawaihae Road -Kanehoa Street or -Anekona Strcct intersections, al the time
when such improvements arc to be made by the S[a[e Department of Transportation.
At today s meeting no tcstimom from the public was received and no discussion occurred on this companion
Bill 175
PC REPORT NO. 4G
Communication 547
Bill 175
Page 3
A motion to approve this measure received four aye votes. According to Council rules, five aye votes arc
needed to pass a measure. Therelore, your Committee on Planning fon+ards Bill No. 175 to the Council with
a negative recommendation.
mpd
noes sues n&e es Respectfully submitted,
ARA KA KI X
RICA X COMMITTEEi ON PLANNING
HOFFMANN ~ ~ C /~/i
~
IKF,DA X _ _
IsBFLL X K- Angel Pila~o, Chair
.IACOBSON ~ X
PILAGO _ - - X _ ~ _
i SAFARIK X
r - - - -
PC REPORT NQ 46
ADOPTED: -
OFFICE INFORMATION ONLY
McNing: December 21, 21)05 - Council Meeting (27th Session)
Action: Bill 175 passed first reading
PC Report 46 transmitted the above b:il7. with a
"negative recommendation" due to a vote of 4 ayes, 3 noes,
and 2 absent & excused.
Re: C-547/BILL 17S/PC-46