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HomeMy WebLinkAboutREP PC 092 06/20/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: June 20, 2006 Re: Comm. No. 907Bi11 No. 291 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. 907 and attached Bill 291, transmitted by Mayor Harry Kim, dated May 8, 2006, regarding the Change of Zone application by Thomas E. Shockley, at Kaloko, North Kona, Hawaii, TMK: 7-3-048:005, reports as follows: Bill No. 291 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 21.389 acres of land from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a), at Kaloko, North Kona, Hawaii. Communication No. 907 reports that the Hawaii County Planning Commission considered the Planning Director's request and accompanying Bill 291 on April 21, 2006, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the request which is summarized as follows: 1. The applicant is requesting a Change of Zone of approximately 21.389 acres of land from an Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-IOa) zoned district. • The subject property is located on the northwest corner of the intersection of Huehue Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 4,600- foot elevation. The surrounding lands are zoned A-20a and in low-density residential uses, surrounded by pasture and forest land. Palani Ranch abuts applicant's property along the southern boundary and the Kaupulehu Forest Reserve abuts the eastern (mauka) boundary, • The applicant intends to subdivide the subject parcel into hvo lots of approximately ten acres in size to be used for residentiaUagricultural purposes. Applicant also proposes to construct a dwelling on one of the newly created lots, estimated to cost approximately $400,000.00. • The proposed access to the property is from Huehue Street, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately five (5) miles below applicant's property. The state Department of Transportation notes concern about numerous rezonings in Kaloko Mauka Subdivision and stated that the intersection must be improved due to additional traffic and activity from cumulative effects of land use changes. PC REPORT NO. 92 Communication 907 Bill 291 Page 2 of 4 • Applicant states that water can be made available to the site from the Department of Water Supply via an 8-inch waterline on Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a separate system from other systems in Kona which consist of transmission and distribution lines, pump stations and seven reservoirs that extent to the 5,106-foot elevation. All other essential utilities and services are or will be made available to the site. 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 8 through 13 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 a habitat for the `Alala. 3. As part of the five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drop area above 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 which supply most of Kona's drinking water, includes lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation. The subject property, located within the recharge area at the 4,600-foot elevation, does not seriously compromise recommendations of these studies beyond existing conditions. 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. 58-97. 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. Resolution 58-97 also includes reservation of easements and special setbacks to protect and maintain naturally forested areas and lot size limits. 5. 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 10-acre (A-l0a) 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 designates this azea as Extensive Agricultural, which includes pasturage and range lands. Soils within the property consist of well drained, thin, extremely stony organic soils over fragmental A`a lava and used primarily for woodland and pasture. • The property is unclassified by the Agricultural Lands in the State of Hawaii (ALISH) System. The Federal Emergency Management Agency Flood Insurance Rate map (FIRM) designates the property as Zone "X", an area determined to be outside the 500-year flood plain. PC REPORT NO. 92 Communication 907 Bill 291 Page 3 of 4 • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is located approximately nine (9) miles mauka of the shoreline and will not be impacted by coastal hazard and beach erosion. • 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. 6. Requisite of the Planning Director's favorable recommendation for the Change of Zone request, aze fourteen conditions contained in Bill No. 291 that provide, in part, as follows: • Special setbacks and forest reserve easements in perpetuity to protect and maintain naturally forested areas. • Restrictive covenants in deeds specifying no less than 80% of the entire lot azea shall be retained in forest. • Restrictive covenant in deeds setting forth that zoning ordinance prohibits construction of a second dwelling and condominium regimes on each lot. • A forestation management plan, drainage study and fair shaze contribution to mitigate potential regional impacts of the subject property with respect to roads. At the June 20, 2006 Planning Committee meeting, public testimony was received from Lisa Choquette, co-owner of applicant's property at Kaloko Mauka. Ms. Choquette stated she is divorced from applicant but that they would like to divide the joint and asked the committee for its favorable consideration of her ex-husband's application for rezoning. Council Member Fred Holschuh stated his support of applicant's rezoning request and noted his recollection of applicant and Ms. Choquette presenting testimony in Hilo when Kaloko Mauka Subdivision rezoning applications for Mr. Totah and Mr. Giesling were being considered. Council Member Bob Jacobson stated he has consistently opposed cutting up lands in Kaloko and it now seemed the council is being asked to permit a rezoning because of a divorce. Committee Vice Chair Pete Hoffmann stated that this application is wrong, that it involves property at the 4,600 elevation, is within the watershed area and reiterated his opinion that Kaloko rezonings shouldn't have been allowed in the first place and should not be allowed now. Mr. Hoffmann noted that this application is the fifth or sixth that has come before this committee concerning Kaloko Mauka Subdivision and cannot imagine allowing this particular rezoning due to someone getting a divorce. PC REPORT NO. 92 Communication 907 Bill 291 Page 4 of 4 Council Chair Higa noted that in Ms. Choquette's prior testimony today he recalled her stating that with the current zoning she is allowed to build another house, so the rezoning request by Mr. Shockley would not increase density, but would be the most desirable in her situation. Applicant's consultant, Greg Moores, stated that the application for rezoning is not being sought because of a divorce. He said Mr. Shockley's application is before the committee because the Council's own resolution authorizes and endorses this type of rezonings in the Kaloko Mauka Subdivision. He noted that the application is asking the council follow the provisions of the Resolution it previously adopted and that if these kinds of rezonings are in fact not the desire of the council, then the council should change it. Until then, it is his position applicant is entitled to such a rezoning request. Committee Chair Pilago stated he will be voting against this rezoning request for the reasons of watershed protection, preservation of the forest area and also because of ongoing problems with traffic. Your Committee on Planning concurs with the Planning Commission and the Planning Director'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 291 and recommends it pass first reading. and nras rvoes wa.e Ex Respectfully submitted, ARAKAHI X HIGA X COMMITTEE PLANNING HoFFtKANN x HOLSCHIJH X IKGDA X ISBELL x K. Angel Pilago, hair JACOB50N X PH.AGO X SAFARIIC X PC REPORT NO. 92 ADOPTED: J~~( O~nn~