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HomeMy WebLinkAboutREP PC 026 04/03/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: Apri13, 2007 Re: Comm. No. 256/Bill No. 76 PLACE: Sheraton Keauhou Bay Resort & Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 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. 76, reports as follows: Bill No. 76, transmitted via Communication No. 256 from Mayor Harry Kim, dated March 14, 2007, presents a Change of Zone Request by MICHAEL and NINA TANABE at Waiakea, South Hilo, Hawaii , TMK: 2-4-065:034. Bill No. 76 seeks to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Agricultural - 10 Acre (A-l0a) to Family Agricultural - 3 Acre (FA-3a). Communication No. 256 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 March 2, 2007. The Commission concurred with the Planning Director's reasons for a favorable recommendation for approval of this matter. Communication No. 256 transmits the following findings and recommendations: 1. The subject property is located on the southwest corner of Kupulau Road and Koaniani Street, Waiakea, South Hilo, Hawaii. 2. Applicants are requesting a change of zone from A-l0a to FA-3a for a parcel of land consisting of approximately ten (10) acres. 3. Applicants intend to subdivide the property into two parcels to be used for residential and supplementary agricultural uses. One lot will be approximately 6.9 acres in size and the other, approximately 3 acres in size. 4. The applicants intend to construct a dwelling for themselves on the 6.9-acre pazcel and utilize the smaller 3-acre parcel for similar purposes and offered to a family member for purchase or sold on the open market. 5. Access to the property is from Kupulau Road, a County roadway, identified on the City of Hilo Zone Map as a proposed 80-foot right-of--way, with a future 40-foot road PC Repor[ No. 26 Communication 256 Bill 76 Page 2 of 4 widening setback on the mauka side of the Kupulau Road. The property is located on the mauka side of Kupulau Road and therefore the applicants will be required to set aside a future road widening setback. Koaniani Street is a County right-of--way approximately 50 feet wide. 6. Water can be made available from an existing 6-inch waterline within Koaniani Street or from an existing 8-inch waterline within Kupulau Road. 7. All essential utilities are available to the property. Fire and medical services are available from the Kawailani Fire Station approximately 3 miles from the property and the Hilo Police Station is located approximately five miles from the site. 8. The Planning Director recommended favorably on this request based on the following: • The change of zone request will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. • The Land Use Pattern Allocation Guide (LUPAG) Map designates this area as Important Agricultural Land which includes lands not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. • The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or "Fair" for agricultural productivity. • The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as AE, a Special Flood Hazard Area inundated by the 100- year flood where base flood elevations are determined. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject properties are located approximately four miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. • Since the property was formerly used For pasturage and has been disturbed in the past, no commissioned archaeological survey was conducted and it is expected that no archaeological or historic features exist on the property. By letter dated September 20, 2006, the State Department of Land and Natural Resources Historic Preservation Division stated that "no historic properties will be affected by the proposed project." • Requisite of the Planning Director's favorable recommendation for the change of zone request, are thirteen (13) conditions contained in Bill No. 76 which outline PC Repor[ No. 26 Communication 256 Bi1176 Page 3 of 4 specific requirements for the proposed project. Included in those conditions are provisions that address the following: Condition D prohibits construction ofsingle-family dwellings and related improvements or roads within areas designate "AE" or shaded Zone "X" by the Flood Insurance Rate Map. Condition E states the property shall not be subdivided into more than two lots unless the Flood Insurance Rate Map is revised to provide an additional buildable area. Condition A provides that restrictive covenants in deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regime on each lot. At the April 3, 2007 Planning Committee meeting, applicants and their representative, Brian Nishimura, were present at the Hilo Council Chambers via Video Conference. Planning Director Chris Yuen noted that the proposed project is located on the fringes of and surrounded by, an area consisting primarily of low density urban and important agricultural lands. Director Yuen also noted that a major flood zone runs across the property and therefore subdividing is actually being limited to two lots, unless the Flood Insurance Rate Map is revised to provide for an additional buildable area. Applicant's representative, Mr. Nishimura stated that the drainage easement does exist, however, no changes are being proposed to the drainage easement (which is a portion of the Waiakea Stream) that currently bisects applicants' property. Mr. Tanabe stated that they have no intentions of altering the flood zone areas in a negative manner. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. PC Report No. 26 Communication 256 Bill 76 Page 4 of 4 Your Committee on Planning is in accord with the purpose and intent of Bill No. 76 and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, FORD X ffiGA X COMMITTEE ON PLANNING HOFFMANN X IKEDA X ~ ~ 1~~, JACOBSON X ` ~ ~L NAEOLE X K. ANGEL PIL ,CHAIR PILAGO X YAGONG X PC REPORT NO. 26 YOSHIMOTO X ADOPTED: APRAPR t~2007