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Home My WebLink AboutREP PC 063 11/04/2003 2002-2004REPORT OF THE COMMITTF.F, ON PLANNING DATE: November 4, 2003 RE: Comm. No. 37S/Bill No. 165 PLACE: Councilroom TIME: 4:35 p.m. (Reconvene) Chair and Members Hawaii County Council Hilo. Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 375 and Bill No. 165, transmitted by Mayor Harry Kim, dated September 24, 2003, regarding an Change of lone Application request by James and Mihoko Malian, at O`oma I ", North Kona, TMK: 7-3-7:40 and 41 (42.793 acres) reports as follows: Bill No. 165 seeks to amend Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classilication of approximately 42.793 acres of land from Agricultural-5 acres (A-Sa) to family Agricultural (FA-2a). Communication No. 375 reports that the Hawaii County Planning Commission, as required by the Hawaii County Charter, Article VI, Chapter 4, Section 6-4.3(C), considered the above request on September 11, 2003. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 375, in synopsis, describes the Planning Director's findings and Recommendations as the following: The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to a family Agricultural (FA-2a) zoned district for approximately 42.793 acres of land which will be subdivided into eighteen (18) two-acre family Agricultural lots. Access to the proposed subdivision will be via the extension of the County-owned Kukuna Street. To address matters of connectivity, Condition G will be imposed to provide at least one road connection to the southern boundary and one road connection to the northern boundary. According to the applicant, utilities including telephone, cable, and electrical services are available to the site. Water can he made available from the existing system on Kukuna Street. Condition B will require accordance with the Department of Water Supply's Commitment Guidelines Policies. The applicant would be required in Condition N, to dispose wastewater by individual wastewater systems meeting the standards and requirements of the Slate Department of Health. An archaeological inventory survey identified 22 sites with an estimated 2,046 features. The identited sites were predominately agricultural. Conditions K and 1, will be require the notification of the Department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) and submittal of a mitigation plan should any archaeological sites be encountered during the course of development. Upon approval of this request, the applicant may normally apply for an additional Communication 375 Bill 165 Page 2 farm dwelling. Allowing the construction of a second dwelling unit as a separate unit on lots creates the potential for a cumulative burden on the existing infrastructure. Condition F, is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. The condition will add that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwellings. 2. The subject area is designated Urban Expansion Area by the General Plan which allows for a mix of high density, medium density, low density, industrial and/or open designations. The County is currently conducting a comprehensive review update of the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect more accurately the residential-agricultural character of the area. 4. The Change of Zone request from Agricultural (A-Sa) to a Family Agricultural (FA-2a) coned district will conform to the Land Use element of the General Plan. Specifically, rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities. Since the property is mostly designated "D" or "poor" by the Land Study Bureau and Unclassified by the AI,ISH system, impact on important Ag lands is negligible, if any. 5. The subject request is not contrary to Chapter 205A. Hawaii Revised Statutes, relating to Coastal Zone Management Area. The properties are not situated within the Special Management Area. 6. The approval of the Change ofZ,one request from an Agricultural (A-Sa) to a Gamily Agricultural (FA-2a) zoned district would result in an appropriate land use pattern that will further benetit the public. At today's meeting, Planning Director Chris Yuen and Sidney Fuke, representative of the applicant, provided this committee with background information about the origins and purpose of Bill No. 165. According to Mr. Yuen, this is a request to rezone approximately 42 acres in the Kalaoa area and is located next to the Kona }{ills Subdivision. Most of the current zoning for this area is Agricultural 5-acres. The applicant wants to rezone to Family Agriculture 2-acres to allow subdivision of the property to 2-acre lots. It's shown in the County General Plan as an alternate urban expansion area. Immediate areas around it are mostly subdivided and zoned to 1- acre lot sizes or 15,000 square foot lot sizes. There are a number of conditions that are mostly designed to foster road interconnectivity in this general area. During discussion, Council Vice Chair J. Curtis 7~yler explained that after meetings with the community road, connectivity and density concerns were somewhat mitigated. Particularly, since the applicant was not looking to urbanize by seeking a Family Agriculture 2-classification instead of a one-acre Agriculture, RS-15 or RS 10 designation like surrounding developed properties. Also during the meeting Councilmember Tulang questioned the lack of impact fees on the Communication 375 Bill 165 Page 3 proposal. Mr. Yuen explained that it is the general policy of the Council not to impose tees on PA zonings because such projects are residential in character. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 165 and recommends it pass first reading. Ctd nvrs Nors n ~ e ex nknKnKl x ('I IUNG X I:LNZIONOPP X IIOLtiCIIUH X .IACOI3SON X RIiYNOI,pS X SAPAIZIK X fULAN(i X TYI.I:R X Respectlull~ submitted CUM T EE ON PLANNING -t w~ A LENINGRAll F,LARIO OFF,cH IaMnrv P<' RI:POR I NO. G3 nullhrl`u: NOV 1 4 2003