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Home My WebLink AboutREP PC 014 01/22/2003 2002-2004REPOR"I' OF "I~HE COMMITTEE ON PLANNING DATE: January 22. 2003 PLACI?: Councilroom 'TIME: 2:18 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 RE: C-46/Bill No. 18 Your Committee on Planning, to which was referred Bill No. 18 transmitted jointly with Bill No. U by Mayor 1 Tarry Kim per Communication No. 46, dated December 2, 2002, regarding the change of zone request by Robert D. Fischler, at Ouli, South Kohala, Hawaii TMK: 6-2- 1 1:25, reports as billows: Bill No. 18 amends Section 25-8-7 (North and South Kohala District Zone Map). Article 8. Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 5.0005 acres of land from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district. Bill No. 18 was tirst agendized on Januar~~ 7. 2003, but was deferred until today because the applicant's representative was not able to attend the meeting. The rectangular-shaped subject property. owned in fee by Robert D. and Deborah A. Fischler. and John and Julie Oakland under a Condominium Property Regime, is located in the Anekona Estates Subdivision at the southwest side of the Anekona Street-Kanehoa Street intersection. On June 16, 1995, the Planning Director approved an Ohana Dwelling Permit (OHD 9d-3 ~?). On ,tune 22. 1998. the State Real I?state Commission reported that the property is a Condominium Property Regime. 'The applicant proposes to subdivide the property into two lots. 2.6402 acres and 2360 ~ acres in size, to establish separate fee ownership and dissolve the Condominium Property Regime. John and Julie Oakland occupy the dwelling located nn the proposed 2.3603 acre lot which was constructed in 2000. The LUPAG map designation is Extensive Agricultural, which allows uses for pasturage and range lands. In 1967, with the adoption of the 7.oning Code, the property and surrounding areas were zoned Unplanned. where no sufficient studies were conducted to adopt specitic district classitication. When the Zoning Code was adopted in 1996, all Unplanned zoned districts were reclassified to Agricultural -5 acres. Under the proposed State Land Use Rural District and KA- 2a zoning. ohana dwellings are permissible. The property is not located within the Special Management Area, as it lies approximately 6 miles from the nearest coastline. Communication 46 Bill 18 Page 2 The Anekona fistates Subdivision, created in 1990, originally consisted of i6 lots, however it currently consists of 44 parcels. Ohana Dwelling Permits were approved for 12 lots within the Subdivision. Real Property "fax records indicate there are 14 lots with Condominium Property Regimes, subject property included. The Kanehoa Subdivision located immediately to the east ofAnekona }states Subdivision. created in 1985 with 26 lots, presently consists of 28 lots. 'fhe Planning Department records indicate Ohana Dwelling Permits were approved on 16 lots within the subdivision. and Tax Department records indicate there arc 14 lots with CPRs. Adjacent lands to the south have reccntl}° been designated as Rural and Residential-agricultural. Parcels to the west, north and east are still designated as Agricultural, and arc used for residential purposes or arc currently vacant. Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-Sa and RA-2a zoned districts. In addition to the above. the ten lot Kamuela Plantations Subdivision lies further to the cast. and the 26-lot Waimea Landmark I{states Subdivision lies across Kawaihae Road and further to the northeast. "I~hcse subdivisions include mixed residential uses, vacant (ands and very Icw residential/agricultural uses. l~he 3 ~ unitUuli Ekahi affordable rental housing project and the d0 lot Ouli Mutual Self I Iclp Housing subdivision are located to the west of Anekona Estates Subdivision. l~he 1 tale Wailani Subdivision, located west of Anekona 1?states and adjacent to the housing projects is currently zoned A-1 a and the developer proposes a 49-lot subdivision consisting of lots with a minimum size of two acres. The subject property and the surrounding area are "Unclassitied'~ on the ALISH map. Soils within the property are classitied as "E" or "Very Poor" for agricultural productivity. 'I~he US Soil Survey classiYies the soils as Puu Pa extremely stony very fine sand loam with moderately rapid permeability, medium runoff and moderate erosion hazard. which are used for pasture. fhc proper(} is located within Lone X, an area determined to be outside the 500-year flood plain. There arc no known or recorded rare or endangered animal or plant life in the area. Because the property was previously grazed by cattle and extensively graded for development, no known archaeological, cultural or historic sites are on the property. However, should any archaeological sites be encountered during the course of development, a condition will be included to require notification of the DI,NR. Access to the subject property will be From the Kawaihae Road via Anekona Street with direct access from Kanehoa Street, a connector road into the adjacent Kanehoa Subdivision. Water is available through two-one inch service laterals, one with a 5/8 inch meter. However Communication 46 Bil] lA Page 3 each meter shall front the proposed parcel it is to serve, and the owner of the existing meter has to reduce his water consumption from tour units to one unit by the time of the subdivision application, or they will be required to install a larger meter and pay the associated charges. Because the subject parcel lies in a Critical Wastewater Disposal urea, a septic tank system will be required. All other utilities and services arc or will be available to the subject property. Your Chair explained that this zoning is similar to others we have approved in the past. Your Committee did not entertain further discussion on this measure. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone rcyuest. The change of zone request will result in an appropriate land use pattern that will further benefit the public. Your Committee on Planning is in accord with the intent and purpose of Bill No. I K, and recommends it pass first reading. I,IiI'flll?AD-rODU X rYLI~R X ARAKAKI X CHUNU X I?LARIONOFI' X HOLSCHUH X .IACOHSON X REYNOLDS X SAI ARIK X Respectfully submitted COMMIT"fE:E ON PLA NG ~ ,p~ 'BO YJEANLEII~HEAD-TODD,CIIAIR PCRLPORTNO. Id _ nD<)hrf.D: FEES 0 5 2003