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HomeMy WebLinkAboutREP PC 091 06/20/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: June 2Q, 2006 Re: Comm. No. 906Bi11 No. 290 PLACE: Sheraton Keauhou Bay Resort TIME: 10:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 906 and Bill No. 290, transmitted by Mayor Harry Kim, dated May 8, 2006, regarding a Change of Zone request by Scott T. Nakahara, at Ouli, South Kohala, Hawaii, TMK: 6-2-9:17 reports as follows: Bill No. 290 seeks to amend Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 5.9 acres of land from Agicultwal 5-acres (A-Sa) to Residential and AgriculturAL 2-acres (RA-2a). Communication No. 906 reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and accompanying Bill No. 289 on April 21, 2006. The Commission concurred with the Planning Director's favorable recommendation on this mattes Communication No. 906, in synopsis, reports the Planning Director's findings and recommendations as the following: 1. The applicants aze the owners of the property. The applicants aze requesting a Change of Zone for 5.9 acres from the Agicultural District to the Residential and Agricultural District. 2. The subject property is located in Kanehoa Estate Subdivision along the south side of Kawaihae Road with access from Kanehoa Street intersection in Ouli, South Kohala. 3. The applicants aze also requesting a concurrent State Land Use Boundary Amendment (Bill No. 289) from the Agicultural District to the Rural District. 4. The applicants are requesting the State Land Use Boundary Amendment and the Change of Zone so that they may subdivide the property into two residential/agricultural lots. There aze two existing single-family residences currently on the property, one on each of the two proposed lots. According to their change of zone application, the owners state that these two residences will be retained in their ownership if their land use requests are approved. 5. The subject property was part of the original 27-lot Kanehoa Estates Subdivision that was created in 1985. 6. Access to lots is proposed from Kanehoa Place, a private roadway with a 50-foot right-of--way. 7. 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 State Land Use Boundary Amendment (Bill 289) is being concurrently processed with this request. PC REPORT NO. 91 Communication 906 Bi11290 Page 2 of 3 • The request conforms to both the Land Use Commission Rules and the Hawaii State Plan's goals and policies on Housing, which supports and encourages low-density rural housing within the County, ur appropriate locations, to meet the needs of its residents. The subject properly is situated in the Kanehoa Estates Subdivision, which includes existing rural, residential, and agricultural 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 property is designated as Rural by the Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan. This designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. • The property is not currently being used for active agricultwal purposes. The property is "unclassified" on the State of 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 azea is "E" or "Very Poor." Therefore, the reclassification will not be detrimental to the agricultural land inventory in the County of Hawaii. • All essential services and utilities are or will be made available to the project site. The two existing homes aze serviced by the DeparGnent of Water Supply and each home has its own water meter. • The Federal Emergency Management Agency Flood Insurance Map (FIRM) identifies the site as "X" or outside the 500-yeaz flood plain. • The request 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 shoreline. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request aze nine conditions contained in Bill No. 290 that outline specific requirements for the proposed project. Condition "D" requires restrictive covenants in the deeds of the two new lots to prohibit the construction of a second dwelling and condiminium property regimes on each lot. Condition "E" requires the applicants to pay a fair share contribution for improvements to the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection, in an amount to be determined by the Planning Director in consultation with the State Department of Transportation. At the June 20, 2006 Committee on Planning meeting, Greg Mooers, applicant's consultant, confirmed that the subject property was fully developed with two homes built and lived in by applicant and applicant's son. Mr. Mooers also stated this request to redistrict the 5.9-acre parcel from agricultural to Waal district and change the zone to Residential-Agricultural 2-acres and subdivide the property into two residential- agricultwal lots is to conform with the new zoning designation. Mr. Mooers stated no construction is being proposed by this request as both proposed lots aze fully developed with single-family residences. He stated this proposed action is basically a paper trail to conform to use. PC REPORT NO. 91 Communication 906 Bill 290 Page 3 of 3 in response to questions from Council Members Holschuh and Safarik, Mr. Mooers stated there is no fair share contribution because there already exists two lots and he believes both lots, being developed in the 1990's have cesspools. Mr. Mooers also said that in the KanehoalAinakoa subdivision projects, most of the lots have been CPR'd or already have ohana dwellings. Your committee concurs with the Planning Commission and the Planning D'irector's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 290 and recommends it pass first reading. and Hues xoss n&a ~ Respectfully submitted, ARAKA KI X RIGA x COM'/MITTEE CANNING HOFFMANN X L/~~ HOLSCHUH X IKEDA X , IsBELL x K. Angel Pilago, Chair JACOBSON X PILAGO X SAFARIK x PC REPORT NO. 91 ADOPTED: JIII ~ 7 700fi