HomeMy WebLinkAboutREP PC 069 01/06/2004 2002-2004RF.POR'I' OF THE
COMMITTF,F, ON PLANNING
DATE: January 6, 2004 RF.: Comm. No. 436/Bill No. 196
PLACF,: Councilroom
TIME: 2:07 p.m.
Chair and Members
Hawaii County Council
I Lilo. Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 436 and Bill No. 196,
transmitted by Mayor Harry Kim, dated December 3, 2003, regarding a Change of 7,one request by
Taylor M. Easley, at Kaloko, North Kona. "fMK: 7-3-26:16 (21.121 acres) reports as follows:
Bill No. 196 seeks to amend Section 25-8-2, Article 8, Chapter 25 (zoning Code) of the Hawaii
County Code, by changing the District Classification of approximately 21.121 acres of land from
Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a).
Communication No. 436 reports that the Hawaii County Planning Commission, as required by the
I Iawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request on
November 7. 2003. At this meeting. the Commission concurred with the Planning Director's
favorable recommendation for approval ofthis matter. Communication No. 436, in synopsis,
describes the Planning Director's findings and recommendations as the following:
The applicant is requesting a Change of Zone from an Agricultural 20-acre (A-20a) to
Agricultural I O-acre (A-l0a) zoned district for approximately 21.121 acres of land.
The subject property is located in Kaloko Mauka Subdivision at the 3.700-toot
elevation nn the slopes of I lualalai at the Kapehe Street and Kaloko Drive intersection.
Exhibits A through D further delineate the subject property.
^ "fhe applicant intends to subdivide the subject parcel into two 10-acre parcels, which
will be used as residential/agricultural lots.
'l~he applicant also intends to construct one dwelling valued at approximately $300,000
on each lot.
Access to the properties will be from Kaloko Drive and Halemau Street.
All utilities and services are available to the property.
2. A 1982 `Alala Recovery Plan completed by the U.S. Fish and Wildlife Service reported
that properties located in Blocks 8 through 13 at the 3?00 to 3.400 foot elevation on the
west slopes of Hualalai be designated as essential habitat for the 'Alala bird population.
The subject property is located in Block 8, but above the recommended habitat elevation.
Communication 436
Bill 196
Page 2
Lands situated at the 1,900-foot elevation level in the Kaloko Mauka Subdivision are also
included within the Kona Watershed area as recommended by the Office of State
Planning's Water Resource Research Center. The subject parcel is located within the
subdivision, but above the 2,000 foot minimum elevation level.
In order to protect the natural habitat and watersheds found in this area, the Hawaii County
Council on June 2. 1997 adopted Resolution 58-97. Resolution 58-97 established
maximum density limits oftwo-dwellings per twenty acres for properties located in the
Kaloko Mauka Subdivision above the 3.000 foot elevation. Included within the Resolution
also are casement and setback boundaries and a clause prohibiting the construction of
second dwellings. The subject parcel falls within the scope of this resolution.
~fhe Director recommended favorably on this request based on the following:
• 7~he Change of Gone request from Agricultural (A-20a) to the Agricultural (A-I Oa)
zoned district will conform to the goals, policies and standards of the General Plan
Economic. Land Use and Agricultural lilements.
It is not inconsistent with the Land Use Allocation Guide (LUPAG) Map component
designation of Rxtensive Agricultural and Orchards.
^ The State of Hawaii ALISH Map classifies this property as "Other Important
Agricultural Lands". The productivity rating for the soils in the area is "E" or "Vern
Poor".
The Change of 7.one request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal 'Lone Management Areas.
Requisite of the Planning Director's favorable recommendation for the Change of Zone
request is approximately twenty-five conditions contained in Bill No. 196. 'I~hese
conditions, in summation, mandate the compliance of clauses contained in Resolution
No. 58-97 and requirement of fair share contributions by the applicant.
At today"s meeting, Norman Hayashi, Planner Program Manager, Hawaii County Planning
Department, and Greg Mooers. representative of the applicant, provided this committee with
background information about the origins and purpose of Bill No. 196.
During discussion, this committee questioned the appropriateness ofResolution No. 58-97
requiring multiple and perhaps overlapping, state agency review of a forest management plan for
the request In addition, members queried Mr. Hayashi about the expected impact of this and
similar actions on aquifers, the natural habitat and traltic patterns in the area.
Post discussion, Councilmember Tulang agreed to review Resolution No. 58-97 for applicable
Communication 436
Bill 196
Page 3
amendments in relation to forest management plan requirements. Further, Mr. Hayashi also agreed
to check on federal regulations regarding the natural habitats in this particular area. Finally, your
committee chose to amend Bill No. 196 with the following:
Condition F. Add phrase "...and any further subdivision of..."
Condition K. Add specitic lair share contribution amounts and standard "in lieu"
language requiring Council approval.
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of the Change of lone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 196, as amended to D-~ ,
and recommends it pass first reading.
Ctd
AYES NOES A&F. EX
ELARIONOFF X
ARAKAKI X
CHUNG X
HOLSCHUH X_
.IACOBSON _ X
REYNOLDS_ __ X
SAFARIK X
TULANG X
_
I YLIiR X -
Respectfully submitted
COMMITTEE ON PLANNING
LENT GRA ELARION FF, C MAN
PC REPOR"f NO. 69
A~opTE~. JAN~2~04