Loading...
HomeMy WebLinkAboutREP PC 096 07/06/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: July 6, 2006 Re: Comm. No. 933Bi11 No. 297 PLACE: Council Chambers TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was refereed Communication No. 933 and Bill No. 297, transmitted by Mayor Harry Kim, dated May 30, 2006, regazding a Change of Zone request by the Plant-Mason Family Trust, at Wainaku, South Hilo, Hawaii, TMK: 2-6-032:006 reports as follows: Bill No. 297 seeks to amend Section 25-8-34 (Papaikou-Onomea Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification of approximately 14.771 acres of land from the Single Family Residential 15,000 Square Feet (RS-15) and the Agricultural - 20-acre (A-20a) to the Residential and Agricultural 1-acre (RA-la) zoned district. Communication No. 933 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. 297 on May 5, 2006. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 933, in synopsis, reports the Planning Director's findings and recommendations as the following: 1. The applicants aze the owners of the property. The applicants are requesting a Change of Zone for approximately 14.771 acres of land from the Single Family Residential District and from the Agricultural District to the Residential and Agricultural District. 2. The subject property is located adjacent to and west of Ha`aheo Elementary School, in Wainaku, South Hilo, Hawaii. The subject property fronts the south side of Kulana Kea Road and the east side of Kauhi`ula Road. 3. The applicants are also requesting a concurrent State Land Use Boundary Amendment (Bill No. 296) from the Urban District and from the Agricultural District to the Rural District. 4. The applicants are requesting the Change of Zone and the State Land Use Boundary Amendment so that they may subdivide the property into ten residential/agricultural lots. Eight of the lots will be approximately 1 acre m size and the remaining two lots will be 3.2 and 2.7 acres. The applicants plan to construct a residence on one of the lots and to retain two additional lots for family members. The remaining seven lots would either be retained or sold to finance costs of developing the proposed subdivision. 5. The subject property was originally owned by Mauna Kea Agribusiness, which intended to develop a 25-lot subdivision on the property for employees of their parent company, C. Brewer. This subdivision was, however, never developed. The subject property was sold to the applicants in December, 2001. PC REPORT NO. 96 Communication 933 Bill 297 Page Z of 4 6. Access to the site is from Kulana Kea Road, a private road with a 20-foot pavement width within a 60-foot wide right-of--way. Properties to the south and east consist of single-family residential lots in the vicinity of Ha`aheo School. Properties to the north and west of the site aze zoned Agricultwal - 20 acres (A-20a). 7. The approval of the Change of Zone request from the Single Family Residential 15,000 Squaze Feet (RS-15) and the Agricultwal - 20-acre (A-20a) to the Residential and Agricultwal 1-acre (RA-la) zoned district would result in an appropriate land use pattern that will fwther benefit the public based on the following: • A State Land Use Boundary Amendment (Bi11296) is being concwrently processed with this request. • The request conforms to both the Land Use Commission Rules and the Hawaii State Plan's goals and policies on Housing, which supports and encowages low-density rwal housing within the County, in appropriate locations, to meet the needs of its residents. The requested ten-lot rural subdivision will provide for an additional rural style residential-agricultwal development in the vicinity of similaz existing land uses in the swrounding azea. • The action also complements the Land Use element of the General Plan by providing additional rwal and residential-agricultwal housing opportunities in appropriate azeas. The swrounding azea is chazacterized by agricultwal lots intermixed with the single-family residential lots in the vicinity of Ha`aheo Elementary School. • The property is designated as Low Density Urban by the Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan. The requested Rwal designation will provide for an additional wal style residential-agricultwal development in the vicinity of similar existing land uses in the swrounding area. • The property is designated as Prime Agricultwal Land by the Agricultwal Lands of hnportance to the State of Hawaii (ALISH) System, but it is not currently utilized for agricultwe. The soils are classified as "C" or "Fair" by the Land Study Bweau. The net effect of the cwrent boundazy amendment is to "downzone" much of the site from the Urban to the Rwal District, so the proposed Rwal designation supports futwe agricultwal land uses on the site to a greater extent than the cwrent Urban designation does. • All essential services and utilities aze or will be made available to the project site. The applicant will be required to make substantial line improvements to connect with the County water supply. There is no sewer service in the azea, so the applicant will be required to construct a septic system in conformance with State Department of Health standazds. • The Federal Emergency Management Agency Flood Inswance Map (FIRM) identifies the site as "X" or outside the 500-year flood plain. There is an existing drainage easement on the properly. No structwes or substantial improvements may be constructed within this drainage easement. PC REPORT N0. 96 Communication 933 Bill 297 Page 3 of 4 • 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 approximately one mile away from the shoreline. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request aze seventeen conditions contained in Bill No. 297 that outline specific requirements for the proposed project. Condition "G" requires restrictive covenants in the deeds of the two new lots to prohibit the construction of a second dwelling and condominium property regimes on each lot. Condition "L" requires the applicant to comply with Chapter 11, Article 1, of the Hawaii County Code relating to the County's Affordable Housing Policy. Condition "M" requires the applicants to pay fair share contributions to mitigate potential regional unpacts of the development. At the July 6, 2006 Committee on Planning meeting, testimony in support of Bi11297 was given by Mr. Paul Tallet at the Hilo Council Romm. Applicant's consultant, Sidney Fuke, provided a brief background regarding the change of zone application and information regarding affordable housing and impact fee credits. Council Member Dr. Holschuh introduced two amendments. The first amendment related to Condition E that requires a private landowner to do a major intersection change. Dr. Holschuh's amendment provides that intersection improvements be made within the existing road Right-of--Way of Wainaku Road and Kulana Kea Road. Additionally, Dr. Holschuh changes reference in Condition E that states "as required by the Planning Duector" to "as required by the Department of Public Works". Mr. Fuke stated that from the applicant's standpoint, he would be agreeable to the amendment proposed by Dr. Holschuh because initially the Planning Commission wanted improvements to go outside of the Right-of- Way. Mr. Fuke also noted that applicant is willing to cut down the embankment Dr. Holschuh referred to. The Committee voted unanimously in favor of Dr. Holschuh's amendment to Condition E. The second amendment proposed by Dr. Holschuh was to Condition M. The amendment is to minimize discretion and make cleaz that any additional lots that aze created will be subject to impact fees and that the cost of making the intersection improvements would be credited towazds impact fees. The Committee also voted unanimously in favor of Dr. Holschuh's amendment to Condition M. Your committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. PC REPORT NO. 96 Cotrununication 933 Bill 297 Page 4 of 4 Yow Committee on Planning is ui accord with the intent and pwpose of Bill No. 297, as amended to Draft 2, and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, ARAKAKI X HIGA X COMIvIITTEE ON PL G HOFFMANN R _ HOLSCHUH X L/CLs" ti, IKEDA X ISBELL X K. Angel Pilago, Chai JACOBSON X PILAGO X SAFARIK X PC REPORT NO. 96 ADOPTED: JUG 1 9 9nns