The URL can be used to link to this page

Home My WebLink AboutREP PC 098 07/06/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: July 6, 2006 Re: Comm. No. 764Bi11 No. 248 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 referred Bill No. 248, reports as follows: Bill No. 248, transmitted via Communication No. 764 from Mayor Harry Kim, dated Mazch 13, 2006, presents a Change of Zone request by Bruce Eby, at Kealahehewa l~`, North Kohala, Hawaii, TMK: 5-5- 003:10. Bill No. 248 seeks to amend Section 25-8-8 (Upolu Point-Ka`auhuhu Homesteads Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 21.352 acres of land from Agricultural - 20 acres (A-20a) to Agricultural - 10-acres (A-l0a). Communication No. 764 reports the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-43(C), considered this rezoning request and accompanying Bill No. 248 on February 24, 2006. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 764 transmits the following findings and recommendations: The applicant wishes to subdivide the properly into two lots which aze slightly Iazger than ten acres in size. The applicant, Bruce Eby, and the Cornelius family co-own the property and currently reside in sepazate dwellings on the properly. [f this rezoning application is approved, each owner would retain their own dwelling on their own lot. The property is located between Akoni-Pule Highway (Highway 270) and Maliu Road, approximately 1,150 feet west of the Akoni-Pule Highway-Mafia Road intersection. Surrounding property uses include pasture/grazing land and single-family residences to the northwest and to the east. Hawi town is located about one half mile to the east. Access to the property is from Maliu Road, a County owned and maintained road with a 10-foot pavement width within a 40-foot right of way. Current access to the site is via a 40-foot wide private access easement owned by Surety Kohala Corporation, which allows access from Maliu Road to the site. Condition "E" of Bill No. 248 requires the applicant to make good faith efforts to acquire legal access to the County-owned portion of Maliu Road. If such access cannot be acquired, access may be allowed from the State Akoni-Pule Highway. Condition "J" of Bill No. 248 specifies that, should access be taken from Akoni-Pule Highway, such access shall be limited to a single point and shall meet with the approval of the State Department of Transportation. According to Communication No. 764, the approval of this Change of Zone request from the Agricultural - 20 acres (A-20a) to the Agricultural - 10 acres (A- l0a) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: PC REPORT NO. 98 Communication 764 Bi11248 Page 2 of 3 The proposed change of zone is located in an azea designated in the General Plan as Important Agricultural Lands, a classification which is generally applied to lands which are capable of producing "sustained, high agricultural yields." The Land Study Bureau's Detailed Land Classification System identifies soils on the property as class "B" or "Good." Currently, approximately 14 acres of the subject property are utilized as pasture land for cows and horses, 4+ acres are cultivated with fruit trees and avocado trees, and 2+ are used for growing Hawaiian botanical plants and `awa. The applicant states that he and the Cornelius family intend to cultivate additional high-end ornamental landscape plants and foliage on the two pazcels if this rezoning request is approved. The landowners state that they intend to build a propagation nursery and greenhouse, as well as an in-ground propagation site for coconut palms. Essential services and utilities aze available to the project site. Sewer service does not extend to the properly, and the two existing residences aze currently served by two separate cesspools. The Federal Emergency Management Agency Flood Insurance Map (FIRM) identifies the site as "X" or outside the flood plain. Requisite of the Planning D'irector's favorable recommendation for the Change of Zone request are eighteen conditions contained in Bill No. 248 that outline specific requirements for the proposed project. Condition "C" requires the applicant to obtain Final Subdivision Approval within five (5) years from the effective date of the ordinance, and Condition "D" prohibits the construction of a second dwelling unit as well as condominium property regimes on each lot. At the April 18, 2006 meeting of the Planning Committee, this rezoning application was postponed at the request of the applicant. Mr. Eby requested the postponement until the July 6,2006 meeting, because he was in California caring for his mother. At the July 6, 2006 Planning Committee meeting applicant provided background information regazding his application for change of zone. He explained that he and Mr. Cornelius jointly own the subject properly and that he intends to expand his landscaping business [o include tropical fruits and already has approximately 4 acres planted in `awa. Due to his co-ownership with Mr. Cornelius, applicant is unab?e to secure fmancing and that's why they chose to pursue subdividing the subject property into two parcels. Council Member Dr. Holschuh questioned whether this measure required a fair share contribution. Committee Vice Chair Hoffmann stated he recalls in a prior subdivision application in which buildings already existed, no impact fees were assessed. However, Mc Hoffmann noted that in similar rezonings from A-20 to A-10 in North Kona, he recalled impact fees were assessed as new structures were being proposed to be built. In this case, two dwellings already exist. Mr. Eby stated that with respect to his good faith efforts to obtain legal access to the County owned Maliu Road from the State and the owner of the adjouring lot (Condition E), Mr. Eby said he has been in contact with the State and understands the various departments aze working on this. He has the State Department of Transportation's approval, but was told he should first try for Maliu Road. Mr. Eby stated that at one time he did consider applying fora 5-lot subdivision, but that has changed. He assured the committee he does not intend to further subdivide the property and confirmed that all appropriate azchaeological surveys have been completed. PC REPORT NO. 98 Communication 764 Bill 248 Page 3 of 3 Committee Vice Chair Hoffmann noted that his prior survey of constituents in who expressed a desire not to further subdivide or expand commercial zoned areas was done in Waimea and not North Kohala. Mr. Hoffmann stated he will be in touch with the North Kohala CDP group before the next council meeting and will report his discussions with respect to this matter. Mr. Hoffmann stated he did not foresee any problems. Your committee 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 No. 248 and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, ARAKAIfl X HIGA X COMMITTEE ON PL ING HOFFMANN X HOLSCHUH X IKEDA X , I5BELL X K. Angel Pilago, Cha' JACOBSON X PC REPORT NO. 98 SAFARIK X X ADOPTED: JUL ~ 9 ~~Os