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HomeMy WebLinkAboutREP PC 058 04/04/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: Apri14, 2006 Re: Comm. No. 692Bi11 No. 229 PLACE: Couucil Chambers TIME: 1:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 692 and attached Bill 229, transmitted by Mayor Harry Kim, dated February 6, 2006, regarding a change of zone request by SCOTT GESLING at Kaloko, North Kona, Hawaii, TMK: 7-3-26:9. Your Committee reports as follows: Bill No. 229 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 23.211 acres of land from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-Sa). Communication No. 692 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on January 20, 2006. The Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 692 transmits the following findings and recommendations: 1. The subject property is located along the southeast side of Hao Street, approximately 700 feet from the intersection of Hao Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,700-foot elevation. Properties to the northeast (mauka) is zoned A-20a. Lands to the northwest and southeast are zoned A-Sa and lands to the southwest (makai) are zoned A-3a and FA-3a and are in low density residential uses surrounded by forest land. Bishop Estate lands of Kaupulehu abut the property on the north at the 3,500 to 5,400-ft elevations. 2. The applicant intends to subdivide the subject parcel into four lots of approximately five acres in size. The property has been CPR'd into four units and sold to four different landowners. Two of the proposed lots (Lot A and Lot D), are improved with single-family dwellings. The lots are intended to be residentiaUagricultural lots for the four current landowners. Estimated cost of each dwelling is approximately $350,000. 3. The proposed access to the properties is from Kaloko Drive and Hao Street, both 22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of--ways. Kaloko Drive intersects with Mamalahoa Highway approximately three miles below the subject property. 4. To address the Department of Transportation concerns regarding the rezonings in the Kaloko Mauka Subdivision and the cumulative impacts of these zone changes on the Mamalahoa Highway and Kaloko Drive intersection, the DOT has recommended improvements atthe intersection as follows: 1) illuminate the intersection at night; 2) channelize turning movements at the intersection; and 3) provide other safety improvements. PC REPORT NO. 58 Communication 692 Bill 229 Page 2 of 4 5. Water can be made available from an existing 8-inch waterline in Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a sepazate system from other systems in Kona and consists of transmission and distribution lines, pump stations and seven reservoirs that extend to the 5,000-ft elevation. The reservoir has a capacity of 500,000 gallons. All other essential utilities and services are or will be made available to the site. 6. The site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non-native vegetation. Wildlife consists of turkeys, hawks, Chinese pheasants and other forest birds. 7. The Office of State Planning's five-year State Land Use Boundary Review, Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers that supply most of Kona's drinking water, includes those lands located within Kaloko Mauka Subdivision above the 1,900-foot elevation and includes the subject property. 8. The Planning Director recommended favorably on this request based on the following: • The Change of Zone request from Agricultural 20-acre (A-20a) to the Agricultural (A-Sa) district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. • The Land Use Pattern Allocation Guide (LUPAG) Map of the General Plan designates the area as Important Agricultural Land (IAL), those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. • The Land Study Bureau's Detailed Land Classification system identifies soils on the property as "E" or "Very Poor" for agricultural activity. The Agricultural Lands in the State of Hawaii (ALISH) System classifies soils within the subject property as Other Important Agricultural Lands. These lands include lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is not located within the Special Management Area. The site is located approximately seven miles mauka of the shoreline and therefore, will not be impacted by coastal hazard and beach erosion. • There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua`a was conducted in 1970 and 1971. In addition, the National Park Service published a report in 1991 titled "An PC REPORT NO. 58 Communication 692 Bill 229 Page 3 of 4 Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a, North Kona." The study identified remains of an agricultural field system up to the 3,500-foot elevation. • Conditions are being imposed to address potential adverse visual upon upland forest character. These consist of a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway, a 30-foot "forest reserve easement" along all lot lines, a 100-foot wide structural setback along the existing roadways, at least 80% of the lot retained in forest, restriction against a second dwelling on each lot, a conservation plan for each of the subdivided lots and "fair share" contribution. • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, are fourteen Conditions contained in Bill No. 229 that are necessary to prevent circumstances that may be adverse to public health, safety and welfaze as well as are reasonably conceived to fulfill the needs of the public. At the April 4, 2006 Planning Committee meeting, public testimony was received from Mr. Joel Gimpel representing the Kona Traffic Safety Committee. Mr. Gimpel disagreed that the subject rezoning would have minimal impacts upon traffic conditions in the Kaloko Mauka area. Mr. Gimpel also stated that the community is entitled to an accounting of "fair share" contributions to date, to know when the Kaloko Drive/Mamalahoa Highway intersection improvements will begin and who will construct these improvements. Mr. Gimple concluded that the cumulative impacts of past and upcoming rezonings in the Kaloko Mauka Subdivision have not been adequately addressed and cautioned against any further rezoning approvals in this area. Committee Chair Pilago stated that this proposal to subdivide approximately 23.211 acres into four separate lots has even greater adverse impacts than the previous request to subdivide a 20- acre lot into two 10-acre parcels. Mr. Pilago stated that applicant's proposal to subdivide the parcel into approximately four 5-acre parcels will have extreme impacts upon the Kona Watershed area located above the 1,900-foot elevation. Mr. Pilago noted that initially when the applicant obtained a CPR, the intent was to divide the property and create separate condo units and avoid lengthy, but appropriate, rezoning and subdivision application processes. The CPR process allowed applicant to also avoid providing adequate roads and infrastructure. Council Member Jacobson stated that this application is pure speculation and will add more lots in an area that already cannot support additional traffic and, is plagued with inadequate infrastructure. Mr. Jacobson concluded that the enormity of all developments already approved for Kona, has not been fully realized. Council Vice Chair Virginia Isbell noted the Department of Health's concerns regarding discharge and storm water runoff and inquired whether the Corps of Engineers have been involved. Mr. Hayashi stated that the department would notify the Corps of Engineers if an issue required its review. Council Member Ikeda stated he would like to request the same amendment suggested at the discussion of Bill No. 228. Mc Ikeda stated he would be inclined to vote in favor of this application with an amendment that provides for a condition that would withhold approval of PC REPORT NO. 58 Communication 692 Bill 229 Page 4 of 4 final subdivision until the Kaloko Mauka Subdivision and Mamalahoa Highway intersection improvements were completed. A motion to approve this measure received eight no votes. Pursuant to Council Rules, 5 aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill No. 229 to the Council with a negative recommendation. and Hues Noes a&e ex Respectfully submitted, ARAKAKI X HIGH X COMMITTEE ON PLANNING HOFFMANN X HOLSCHUH X IKEDA g [sBELL g K. Angel Pila ,Chair JACOBSON g PILAGO J{ SAFARIK J{ PC REPORT NO. 58 ADOPTED: