Loading...
HomeMy WebLinkAboutREP PC 121 10/30/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 30, 2006 Re: Comm. No. 1081/Bill No. 340 PLACE: Councilroom (new location) Ben Franklin Building 333 Kilauea Avenue, 2°" 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. 340, reports as follows: Bill No. 340, transmitted via Communication No. 1081 from Mayor Harry Kim, dated September 8, 2006, presents a Request for Change of Zone by James and Madeleine Budde at Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11:20. Bill No. 340 seeks to amend Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) 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. Applicants are requesting a Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately five acres of land to subdivide the property into two (2) lots approximately 2+ acres in size to construct a dwelling on the newly created lot. Applicants have also submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to a Rural district. 2. The subject property is located on the south side of Kanehoa Street and north of Keanuiomano Stream, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. 3. The Change of Zone request will conform to, among others, the Land Use (Single Family Residential) policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standazds and criteria for the establishment of these areas shall be developed. PC Report No. 121 Communication 1081 Bill 340 Page 2 of 3 4. On October 23, 1990, the property was created as one of the original 36 lots in the Anekona Estates Subdivision and is improved with asingle-family dwelling. Surrounding lands are within the State's Agricultural and Rural Districts and the County's A-Sa and RA-2a zoned districts. These lands are in residential uses and/or vacant with minimal agricultural activities. Since the property is developed, now agricultural activities are currently being conducted on the property. 5. 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. Conditions of approval have been included to ensure that requested road improvements resulting from additional traffic burdens upon Kawaihae Road be planned either through a Federal transportation program or a fair shaze contribution towards roads. 6. 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. 7. The Planning Director recommended favorably on this request as follows: • The proposed change of zone request will be consistent with emerging land use pattern being established within this portion of South Kohala. If approved, an `Ghana Dwelling Permit that would allow a second dwelling unit on both lots and additional dwellings would double the density of the area. The Planning Director, being supportive of this request does note that the potential of allowing four (4) dwellings contributes to a cumulative burden on existing infrastructure. Therefore, a condition is included in the change of zone that prohibits a second dwelling unit and a Condominium Property Regime on each lot. • The Land Use Patten Allocation Guide (LUPAG) Map establishes the basic urban and non- urban form for azeas within the County. The LUPAG Map designates the subject area as Rural, which includes existing subdivisions in the State Land Use Agricultural and Rural districts that have significant residential components. From 1998 to present, the County has approved similar requests for State Land Use Boundary Amendments from Agricultural to Rural and Change of Zones from A-Sato RA-2a in the Kanehoa and the Anekona Estates Subdivisions. • The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an azea determined to be outside of 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 aze 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 area would preclude such agricultural activities being conducted on the property. • 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 Management Area. It is located approximately six (6) miles from the nearest coastline and therefore, will not be impacted by coastal hazazd and beach erosion. PC Report No. 121 Communication 1081 Bill 340 Page 3 of 3 • There are no identified recreational or historic resources, public access to the shoreline or mountain areas, scenic and open space preserved, coastal ecosystems, marine resources or other natural and environmental resources in the area and therefore the proposed request will not adversely impact those resources. • Because the property is developed with asingle-family dwelling, it is not anticipated that endangered or threatened candidate species of flora or fauna are 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 (mown existence of known valued cultural, historical or native resources in the area. • The Change of Zone request from Agricultural 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. At the October 30, 2006 Planning Committee meeting, no public testimony was presented on this matter. 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 purpose and intent of Bill No. 340 and recommends it pass first reading. and AYES NOES A&E EX Respectfully Sllbmltted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X /f HOLSCHIJH X II{EDA X ISBELL X JACOBSON X K. ANGEL PILA ,CHAIR PII.AGO X PC REPORT NO. 121 SAFARIK X ADOPTED: AIf1V ~ 5 ~nnF