HomeMy WebLinkAboutREP PC 048 12/06/2005 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 6, 2005 Re: Comm. No. 549/Bill No. 177
PLACE: Sheraton Keauhou Bay Resort & Spa, Kailua-Kona
TIME: 1:30 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 549 and Bill No. 177, transmitted
by Mayor Harry Kim, dated November 4, 2005, regarding a Change of Zone requcst by Moani Heights
Community Association at the Uplands at Mauna Kea at Ouli, South Kohala, Hawaii,
TMK: 6-2-1b:1-19 reports as follows:
Bill No. 177 seeks to amend Section 25-8-12 (Kawaihae-Puako Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code, by changing the District Classification of approximately 13.028 acres of
land from Multiple-Family Residential 15,000 square Cect (RM-IS) to Single-Family Residential 15,000
squarc feet (RS-15).
Communication No. 549 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. 177
on October 21.2005. The Commission concurred with the Planning Director's favorable recommendation on
this matter. Communication No. 549, in synopsis, reports the Planning Director's findings and
recommendations as the following:
I. The subdivision was approved in August 1999. The subdivision is comprised of seventeen residential
lots. one roadway lot, and one open-space lot. All existing structures in the subdivision arc single-
family residences, and the recorded CC & Rs for the subdivision state that all lots "shall be used only
I'or single family residential purposes and accessory uses." The current change of zone request will
more accurately reflect the actual use of the lots as single-family residences, and not multi-Camily
residences.
2. The subject property is located in the Moani Heights Subdivision located mauka of Queen
Ka`ahumanu Highway and the Mauna Kca Beach Hotel and Hapuna Prince Hotel complexes. Access
to the property is from `Amaui Road, a privately owned and maintained roadway with a 60-Cool
right-of-way with 25 feet of asphalt paving and grass shoulders.
3. The approval of the Change of Zone requcst from the Multiple-Family Residential 15,000 squarc
feet (RM-15) to Single-Family Residential 15,000 square Ccct (RS-15) zoned district would result in
an appropriate land use pattern that will further benefit the public based on the following:
• The proposed change of zone is in alignment with the Land Use element of the General Plan, which
slates that the County shall "allocate appropriate requested zoning in accordance with the existing
or projected needs of neighborhood, community, region and County." Although this subdivision is
zoned Multiple-Family Residential. existing covenants permit only single-Camily dwellings on the
lots. The requested "dowm-zoning" more accurately rcOccts the existing character of the
neighborhood.
PC REPORT NO. 48
Communication 549
Bill 177
Page 2
• Surrounding properties include single-family and multi-family residences, as well as the Hapuna
Golf Course. The proposed change of zone complements surrounding land uses in the area.
• All essential services and utilities are available to the project site.
• The Federal 1?mergency Management Agency Flood Insurance Map (FIRM) identifies the site as
°X" or outside the 500-year flood plain.
• "fhe request will have no impact on traditional, customary Hawaiian rights or resources, nor will
it impact access to the mountains or the shoreline. The proposed action will not result in any
additional development of this already fully developed and landscaped subdivision.
4. Requisite of the Planning Director's favorable recommendation for the Change of Zone request arc
three conditions contained in Bill No. 177 that outline specitic requirements for the proposed
project.
At today's meeting, Council Member Fred Holschuh contimed with Applicants representative, Gregory
R. Mooers that this Application was a downzoning and that in its original RM-15 district classification, a
building of two or three stories with approximately eight to twelve units could be developed on each lot.
Mr. Mooers noted that this Application is a very signiticant downzone.
Council Member Pcte Hoffmann stated that this downzoning cites what the reality is today and controls
rogue homeowners who may want to take advantage of the underlying zoning in the future. Mr. Hoffmann
stated he could not think of a better way than downzonings such as this.
No statements from the public were received.
Yom- crnnmittee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of the Change of Zone request.
PC RE]?Ot7P ND 48
Communication 549
Bill 177
Pagc 3
Your Committee on Planning is in accord with the inlcnt and purpose of Bill No. 177 and recommends it pass
first reading.
mpd
noes rvoes a&e ex Respectfully submitted,
ARA KAKI X
HIGA X COMMITTEE ON PLANNING
HOFFMANN X
HOLSCHUH X
IKFDA X ,
~sBELL K. Angel Pilago, Chair
JACOBSON X
PILAGO X
5AFARIK X
PC REPORT NO. 48
ADOPTED: DEC_~______~
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