HomeMy WebLinkAboutREP PC 017 01/22/2003 2002-2004RF.POR"f OF l~l IF
COMMIT'I~EG ON PLANNING
DATF,: January 22, 2003
PLACE: Councilroom
IIMF.: 2:1 R p.m.
RF?: G97/Bill No. 40
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 40 transmitted by
Mayor Harry Kim per Communication No. 97, dated December 31, 2002_ regarding the change
of zone request by Daniel Decker, at Waipunaula_ South Kona, Hawaii 'I'MK: 8-2-3: 31, reports
as follows:
Bill No. 40 amends Section 25-8-4 (South Kona Zone Map), Article 8. Chapter 25 (Coning
Code) of the Hawaii County Code, by changing the district classification ibr approximately
5.263 acres of land from an Agricultural (A-Sa) to a Residential and Agricultural (RA-1 a) coned
district.
The somewhat rectangular-shaped subject property, owned in tee by the applicant, is located in
the Captain Cook Estates Subdivision approximately 60U feet west ofMamalahoa Highwa}~ and
Kealakekua Ranch Center.
The applicant is seeking to subdivide the property into rivo lots. Ile would retain approximately
1.560 acres, and convey the remaining 3.703 acres with an existing dwelling to Vivian Baker.
The applicant intends to live on his portion of the property and expand the existing coffee farm
on the undeveloped portion of his lot. Vivian, under a Condominium Property Regime. currently
operates a bed and breakfast in the existing two-story 4,235 square trot dwelling. She had
originally requested to operate alive-bedroom bed and breakfast operation, but has since reduced
that to four bedrooms.
l~he County Building Department records indicate that Use bed and breakfast structw'e is still a
three bedroom home and that there are two building permits open. One open permit is to enclose
the lower Icvel for a play room, and the other is for a pole garage with bath. Since the bed and
breakfast is located in an Agricultural zoned district, a Use Permit will be required. Five parking
stalls will be made available on the site. An area has been designated for additional parking.
The subject property is located approximately 2 miles from the ocean, so is not part ofthe
Special Management Area.
hhe State [,and Use designation is Urban. "I'he LUPAG Map designation is Medium Density
Urban.
The ALISH system designates the subject property as "Not Classified' or "Other Important
Agricultural Lands." The Land Study Bureau designates the land as "C" or "Fair'.
Communication 97
Bill 40
Page 2
7~he U S Soil Survey classifies the soils as Honuaulu extreme)}~ stony silty clay loam, which is
main)}~ used for coffee and pasture. Other crops grown in this soil arc macadamia nuts. bananas,
citrus fruits, and avocados.
The subject property is located in Lone "X", an area determined to be outside the 500-year hood
plain.
Due to the clearing of the land for coffee cultivation and the dwelling. it is unlikely that there are
any native fauna or flora or archaeological, cultural or historic sites on the subject property. A
condition will be included to require notification of the Department of Land and Natural
Resources -Historic Preservation Division, should any archaeological sites be encountered
during the course of development.
Access to the subject property is from Mamalahoa I Iighway onto a private paved casement
approximately 20 feet wide. This easement crosses over TMK: 8-2-3: 18,17.12,20? 1, and 22
and fronts the subject property. ~fhe landowners have right of access over this easement through
the recorded decd.
Adjacent parcels are approximately 5 acres in size. 'fo the north is a one acre parcel Toned
RA-la. lands zoned A-la and CN-7.5 are located across the roadway easement. Across the
Mamalahoa Highway lies the Kealakekua Ranch Shopping Center on land zoned CV-10.
liromediate surrounding areas are a mixture of urban and rural development.
Water is available to the subject property through two meters according to the Department of
Water Supply. I lowever. because there was an ohana dwelling permit granted to
Catherine S. Decker in 1995, the Department of Water Supply cannot support this Changr of
Zone due to the current water-availability conditions for the South Kona area, which is subject to
change. All other utilities and services arc or will be available to the subject property. The
applicant claims there is a cesspool on the subject property.
E3ill No. 40, Draft 2, which includes the Fair share contributions, was circulated and approved by
Your Committee.
Committee Member Robert Jacobson stated that he does not favor this prgject because the lower
portion of the subject property could be subdivided one more time_ and because he lecls "you
cannot do ag in less than tine acres."
Committee Member Curtis I~yler reiterated Mr..lacobson's concern regarding Condition D that
the lower portion could be subdivided one more time. f Ie also noted that Condition C dearly
states that the Condominium Property Regime would be dissolved upon securing Final
Subdivision Approval for the proposed two lots.
Communication 97
Bill 40
Page
Mr. Sidney Fuke, representative for the applicant then stated that if the applicant wanted to
further subdivide the lower portion beyond the approved two lots, she would have to reapply for
another rezoning and seek the Council's approval.
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 request. which would 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. 4U. Draft 2.
and recommends it pass first reading.
/1Ylis NOI[S :1 K I: h:X
LIiH"I II:AD-"I~ODU X
IYI,hR X
A R~K,1R1 X
('IIUN(i X
I?LA1tIONUPI X
IIULtiCIIUII X
.IACOBSON X
RF:YNOI,DS X
SAFARIK X
Respectfully submitted
COMMIT°t~EE ON PLANNING
.~ -~
B Y .IP.AN I.IiH"HEAD-TODD, CIIAIK --
PC RI-:POKT NO. 17
ADOPTr:D: f EB 0 5 2003