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HomeMy WebLinkAboutREP PC 068 02/05/2008 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: February 5, 2008 Re: Comm. No. 617 (1994-1996) PLACE: Councilroom Bill 131 (Draft 2) Ben Franklin Building 333 Kilauea Avenue, 2nd Floor Hilo, Hawaii TIME: 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill 131, Draft 2, reports as follows: Bill 131, was transmitted on July 27, 1995, via Communication No. 617, from Mayor Stephen K. Yamashiro, and concerns a change of zone request by ROY K. and JEANNETTE M. OKADA REVOCABLE LIVING TRUSTS, at Panaewa, Waiakea, South Hilo, Hawaii, TMK: 2-2-52:1. Bill 131 seeks to amend Section 25-114 (City of Hilo Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 2.72 acres of land from an Agricultural - 3 acre (A-3a) to a Residential and Agricultural -half acre (RA-.5) zoned district. Communication No. 617 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, considered the above request on July 13, 1995 and voted to recommend approval of the proposed legislative bill to change the district classification. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the change of zone, and transmitted its findings and recommendations. Summarizing Committee Report No. 82 dated October 3, 1995, the following are noted: 1. The subject property is located at the corner of Lama and Awa Street at Panaewa House Lots and is paz of a 65-lot subdivision proposed by the Territory of Hawaii in 1956 wherein the entire Panaewa House Lots Subdivision was classified State Land Use Urban in 1966 and designated Low Density Urban by the County General Plan LUPAG Map since 1971. 2. The applicants propose to subdivide the property to create five lots, keeping the lot with an existing dwelling and conveying the remaining lots to their children and grandchildren. The property has been in agricultural use since 1973 with interior foliage plant nursery, contains an existing single-family dwelling (approximately 32 years old), a farm dwelling constructed in 1989, two existing saran shadehouses (48,000 sq. ft. and 15,000 sq. ft, respectively). PC Report No. 68 Communication 617 (1994-1996) Bill 131, Draft 2 Page 2 of 3 3. The Land Study Bureau's Master Productivity Rating classified soils within the project site as "E" or very poor for agricultural productivity and the State Department of Agriculture's "Agricultural Lands of Importance to the State of Hawaii" have classified the subject property as "Other Important Agricultural Land." 4. PC Report No. 82 dated October 3, 1995 notes the Committee's concern that approval of the request to create smaller parcels in the area would have cumulative impacts and that the future development of 200 plus lots within the Panaewa House Lot Subdivision would change the agricultural character of the area and create cumulative impacts. PC Report No. 82 also notes that Bill 131 was amended to include a condition restricting construction of an `ohana dwelling or second dwelling unit and also provided for applicants' fair share contribution to address potential impacts as they relate to fire, police, solid waste and roads. The parks and recreation assessment was omitted as there already exists an adequate park. 5. On November 2, 1995, a letter to Planning Director Virginia Goldstein from Council Chairwoman Bonk-Abramson notes that at the November 1, 1995 Council meeting, Bill 131, Draft 2, was deferred and referred back to the Planning Committee with a request that the Administration provide a Needs Assessment Study of the affected community and forward the data to the Committee for further deliberation. 6. On November 27, 2007, a letter from Planning Director Chris Yuen provided a status update of Bill 131, Draft 2. Director Yuen notes that an "Infrastructure and Public Facilities Needs Assessment: Impact Fee Study" was completed by Duncan Associates and forwarded to the Council. Director Yuen stated he was uncertain whether or not the applicants were still interested in pursuing the rezoning. Director Yuen suggested that if applicants wanted to move forward, since twelve years had elapsed, he would recommend that the matter be referred back to the Planning Department and the Planning Commission to solicit new input from agencies, re-examine the application and to re- notice apublic hearing. At the December 4, 2007 Planning Committee meeting Director Yuen gave a brief chronology of applicant's request for change of zone and recommended that the applicant be contacted to determine whether or not they were still interested in pursuing this matter. At the December 18, 2007 Planning Committee meeting, Planning Committee Chair noted that a letter dated December 13, 2007 was received from applicants advising they are unable to make a decision and requested postponement. Bill 131, Draft 2, was postponed to the Planning Committee meeting scheduled for February 5, 2008. At the February 5, 2008 Committee on Planning meeting, Committee Chair Pilago noted a communication from applicant, received by the Council on February 4, 2008 (Communication No. 834.2) informing the Planning Committee of applicant's desire to withdraw their application for rezoning. PC Report No. 68 2 Communication 617 (1994-1996) Bill 131, Draft 2 Page 3 of 3 Council Member Jacobson noted that since the application is twelve years old he'd rather send it to Council with a no vote since much has changed, including the General Plan and public outlook as well. Council Member Ford concurred, stating that the applicant should come back with a new application and meet current conditions. A motion to approve this measure received seven no votes. Pursuant to Council Rules, five aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill 131, Draft 2 to the Council with a negative recommendation. and AYES NOES A&E EX Respec[fiilly submitted, FORD X HIGA X COMMITTEE ON PLANNING HOFFMANN X II{EDA X JACOBSON X NAEOLE X K. ANGEL PILAG ,CHAIR PII.AGO X YAGONG X PC REPORT NO. 6S YOSHIl11OT0 x AnoPTEn: FEB 2 1 200