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HomeMy WebLinkAboutREP PC 120 10/30/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 30, 2006 Re: Comm. No. 1081Bi11 No. 339 PLACE: Councilroom (new location) Ben Franklin Building 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 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. 339, reports as follows: Bill No. 339, transmitted via Communication No. 1081 from Mayor Hairy Kim, dated September 8, 2006, presents a State Land Use Boundary Amendment by James and Madeleine Budde at Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11:20. Bill No. 339 seeks to amend the State Land Use Boundaries Maps for the County of Hawaii by changing the District Classification from the Agricultural to the Rural District, at Ouli, South Kohala, Hawaii. Communication No. 1081 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on August 25, 2006. The Commission concurred with the Planning Director's reasons for a favorable recommendation for approval of this matter. Communication No. 1081 transmits the following findings and recommendations: 1. The subject property is located on the south side of Kanehoa Street and north of Keanuiomano Stream, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. 2. Applicants aze requesting a State Land Use Boundary Amendment from Agricultural to Rural for approximately 5.003 acres of land to subdivide the property into two lots. Applicants are also requesting a concurrent Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) and construct a dwelling on the newly created lot. 3. Approval of the reclassification from the State Land Use Agricultural to the Rural district will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedure, the County General Plan and the Hawaii State Plan. 4. According to the Hawaii Land Use Commission Rules, three (3) standards shall apply when determining an area for the Rural district boundaries: • Areas consisting of small farms; provided that the aeeas need not be included in the district if their inclusion will alter the general characteristics of the areas; • Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city- PC Report No. 120 Communication 1081 Bi11339 Page 2 of 4 like" concentration of people, structwes, streets, and urban level of services aze absent, and where small farms are intermixed with the low-density residential lots; and • Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 5. On October 23, 1990, the property was created as one of the original 36 lots in the Anekona Estates Subdivision. The land surrounding the property is within the State's Agricultural and Rural Districts and the County's A-Sa and RA-2a zoned districts. Kanehoa Estates Subdivision and the 10-lot Kamuela Plantations Subdivisions are located to the east and the 26-lot Waimea Landmark Estates Subdivision is located to the north across Kawaihae Road. These subdivisions include mixed residential uses and vacant lands. From 1998 to present, similar requests for State Land Use Boundary Amendments (Agricultural to Rural districts) and Change of Zones (A-Sato RA-2a) have been approved by the County Council in the Kanehoa and Anekona Estates Subdivisions. 6. Access to the property will be from Kanehoa Street, a private roadway with a 50-foot right-of- way with 16 feet of asphalt paving and grass swales. 7. All utilities and services are available to the property and County water is available to the site. The area is not serviced by a municipal sewer system and any additional structures will utilize individual wastewater systems. The closest police, fire and emergency facilities are located in Waimea, approximately eight (8) miles east of the subject property. 8. The Planning Director recommended favorably on this request based on the following: • The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) policies of the General Plan. • The Proposed boundary amendment is for residential-agricultural uses that aze compatible with the Rura? designation. • The proposed boundary amendment also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map, which designates the area as Rural The boundary amendment request would allow a rural development for residential-agricultural uses that will complement existing and future residential-agricultural land use patterns in the immediate vicinity and compliment the General Plan. • The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an azea determined to be outside the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Soils within the property are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, soil conditions within the property and surrounding azea would preclude such agricultural activities being conducted on the site. • Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to the Coastal Zone Management area as the subject property is not situated within the Special PC Report No. 120 Communication 1081 Bilt 339 Page 3 of 4 Management Area, being located approximately six (6) miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. • There are no identified recreational or historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Because the property is developed with asingle-family dwelling, it is not anticipated that endangered or threatened candidate species of flora or fauna aze located within the property, nor has any significant botanical or biological habitat been identified. • Presently there is no evidence of any traditional and customary native Hawaiian rights being practiced on the site nor known existence of valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historic resources in the area. • The reclassification would conform to the goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies. At the October 30, 2006 Planning Committee meeting, no public testimony was presented on this matter. Applicant's representative, Greg Mooers presented a brief explanation of the proposed boundary amendment. Mr. Mooers noted that this parcel is the last of the original 36-lot subdivision to be rezoned and that the County Council has approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts and Change of Zones from A-Sa to RA-2a in the Anekona Estates Subdivision, the Kanehoa Estates Subdivision and Kamuela Plantations Subdivision. Mr. Mooers noted the Association of Owners of the Anekona Estates Subdivision has endorsed Mr. & Mrs. Budde's request. Planning Director Chris Yuen was also present and confirmed that boundary amendments to rural district and change of zones to RA-2a have been previously approved for lots within the Anekona Estates Subdivision. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the State Land Use Boundary Amendment. PC Report No. 120 ..___m~._®..~~ communication loll Bill 339 Page 4 of 4 Your Committee on Planning is in accord with the purpose and intent of Bill No. 339 and recommends it pass first reading. and nres noes a&e ex Respectfully submitted, ARAKAHI X HIGH X COMIvIITTEE ON PLANNING HOFFMANN X HOL5CHUH X ~t° IIddDA X ISBELL X 1 JACOB50N X K. ANGEL P O, CHAIR p~~ X REPORT NO. 120 SAFARIK X ADOPTED: Npy ~ 5 ~nn6