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HomeMy WebLinkAboutREP PC 118 10/18/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 18, 200~a Re: Comm. No. 1090/Resolution No. 465-06 PLACE: Ben Franklin Building, 2"" Floor TIME: 9:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 1090 and attached Resolution 465-06, reports as follows: Resolution No. 465-06, transmitted by Communication No. 1090 from Council Member Pete Hoffinann, presents "A Resolution Requesting the Planning Department to Initiate a Zoning Code Amendment for an Ordinance Changing the District Classification from Unzoned and Agricultural (A-la) to Agricultural (A- SOOa) at Waimea, South Kohala, Hawaii, covered by Tax Map Key 6-5-001:020, ht Order to Preserve the Waimea Pu`u as Cultural and Open Space Resources and to Preserve Their Agricultural and Recreational Uses." The 2005 Hawaii County General Plan states that "[t]he pastures and pu`u immediately above Waimea Town have been identified as a vista of exceptional natural beauty." The 1992 Northwest Hawaii Regional Plan identifies the Waimea pu`u as "significant cinder cones" and recommends that "these distinctive geological features should be preserved and protected." Portions of the pu'u known as Hokd`ula, Pu`u`owa`owaka, and Pu`u I{i aze located within that certain parcel of land comprised of approximately 420.17 acres situate at Waimea, South Kohala, Hawaii, more particularly described by Tax Map Key 6-5-001:020. Hoku`ula is the site of a decisive battle (circa 1650 A.D.) in a major war between the Kingdom of Maui and the Kingdom of Hawai`i' The Hokii`ula Battleground was listed on the Public Access, Open Space, and Natural Resources Preservation Commission's 2006 Properties and/or Entitlements for Partnership List for "preservation for recreational purposes," with recommendation that this "important historical site should be on the State and National Registers of Historic Sites." The property is currently owned by the State of Hawaii and leased to Parker Ranch until the year 2011 under a pasture lease, and being utilized as productive grazing land, watershed and a forest reserve buffer zone and is located within the State Land Use Agricultural District. Changing the district classification of the property from Unzoned and Agricultural (A-la) to an Agricultural (A-SOOa) zoning designation will preserve the area's natural beauty, agricultural and recreational uses and important cultural and open space resources. At the October 18, 2006 Planning Committee meeting Mr. Bob Hunter and Mr. Tom Noon presented public testimony in support of Resolution No. 465-06. Mr. Hunter stated that the proposal to change the zoning recognizes the area as sacred for many reasons and has been a pilot project of the Waimea CDP. Mr. Hunter then read a legend about the pu'u to the committee members. Council Member Safarik noted that current zoning being one half "unzoned" and the other half Ag 1-acre. Mr. Hunter stated that the proposed change would still allow agricultural uses but that it would also open it up for park use and PC Report No. 118 Communication 1090 Resolution No. 465-06 Page 2 of 3 preservation and maintain the status quo of the azea. Council Member Holschuh determined from Mr. Hunter that the CDP Board was the official voice who voted to authorize this recommendation. Mr. Tom Noon presented testimony in support of Resolution 465-06 and played a tape recording of approximately sixty (60) phone messages in opposition to any development occurring upon the pu'u. These messages were in response to a question that aired on a radio station. Mr. Noon stated that the callers were informed that their responses would be taken to the County Council and played to the members and that he would like to report back to the community with a positive outcome. Committee Vice Chair Hoffmann stated that Mr. Hunter and Mr. Noon adequately demonstrated community support for this particular resolution/downzoning and that the General Plan specifically earmazks the area to be preserved, including Senator Lorraine Inouye who also supports this action. Director Yuen explained that the current owner of the property is the State and that as a result of a 1967 zoning ordinance, the area is listed as Ag 1-acre. As far as he knows the State does not have any specific plans for the area but noted he did contact DLNR to determine whether it would consent to such a zone change. To date he has not received a response. Director Yuen stated he believes that a portion of the property is not zoned and in conservation (forest reserve). Mr. Yuen cautions that he does not believe the County has the power to rezone this particulaz property over objections from the State. There are however, state laws that provide that any state leased land must conform to county zoning, etc. but that the County cannot rezone State lands. Mr. Yuen said that adopting the resolution would not be premature because if the State declined to agree, the Department would probably not go forward with the ordinance. Mr. Yuen noted that the Resolution is simply requesting that the Planning Director consider this. Council Vice Chair Isbell suggested that if no response if received from DLNR that Mr. Noon and Mr. Hunter urge the Waimea community to contact their State Legislators and request that a Concurrent Resolution be introduced and provide copies of this Resolution. This would allow the community a broader base and another way to go. PC Report No. 118 Communication 1090 Resolution No. 465-06 Page 3 of 3 Your Committee on Planning is in accord with the purpose and intent of Resolution No. 465-06 and recommends its adoption and nrES NOES A&E Ex Respectfully submitted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X / HOLSCHIIH X('~//) IICEDA X ISBELL X JACOBSON X K. ANGEL P ,CHAIR pH,AGO g PC REPORT NO. 118 sAPARII{ x .aDOPTEn: OCT 3 1 loflfi