HomeMy WebLinkAboutREP PC 070 01/06/2004 2002-2004REPORT OF THE
COMMITTEF.ON PLANNING
DATE: .January 6, 2004
PLACF,: Councilroom
TIME: 2:07 p.m.
RE: Comm. No. 437/Bill No. 197
Chair and Members
I Iawaii County Council
Hilo, Hawaii 96720
Your Committee nn Planning, to which was referred Communication No. 437 and Bill No. 197.
transmitted by Mayor Harry Kim, dated December 3, 2003, regarding a C hange of Zone request by
Eugene H. Clapp, at Kaloko, North Kona. TMK: 7-3-27:10 (31.095 acres) reports ~ follows:
Bill No. 197 seeks to amend Section 25-8-2, Article 8, Chapter 25 (1,oning Code) of the Hawaii
County Code, by changing the District Classification of approximately 31.095 acres of land from
Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a).
Communication No. 437 reports that the Hawaii County Planning Commission, as required by the
Hawaii 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 Directors
favorable recommendation for approval of this matter. Communication No. 437, in synopsis.
describes the Planning Director's findings and recommendations as the following:
l~hc applicant is requesting a Change of Zone from an Agricultural 20-acre (A-20a) to
Agricultural 10-acre (A-1 Oa) zoned district for approximately 31.095 acres of land.
'i'he subject property is located in Kaloko Mauka Subdivision at the 4,100-~iuri
elevation on the slopes of Ilualalai at the Kapehe Street and Kaloko Drive intersection.
Exhibits A through D further delineate the subject property.
The applicant intends to subdivide the subject parcel into two 15 acre parcels, which
will be used as residential/agricultural lots.
'the 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 Kapehe Street.
^ All utilities and services are or will he made available to the property.
2. A 1982 'Alala Recovery Plan completed by the U.S. Dish and Wildlife Service reported
that properties located in Blocks 8 through 13 at the 3?00 to 3,400 foot elevation nn the
west slopes of I lualalai be designated as essential habitat for the 'Alala bird population.
fhe subject property is located in Block 9, but at the 4.100-foot elevation.
Communication 437
Bill 197
Page 2
3. 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. "fhe subject parcel is located within the
subdivision, but above the 2.000 toot minimum elevation level and therefore does not
seriously comprise the recommendations of these studies.
In order to protect the natural habitat and watersheds found in this area, the Hawaii County
Council on .tune 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 easement and setback boundaries and a clause prohibiting the
construction o1'second dwellings. 'fhe subject parcel falls within the scope of this
resolution.
The Director recommended favorably on this request based on the following:
'fhe Change of 7.one request from Agricultural (A-20a) to the Agricultural (n-l0a)
zoned district will conform to the goals, policies and standards of the General Plan
Economic, Land Use and Agricultural Elements.
It is consistent with the Land Use allocation Guide (LUPAG) Map component
designation of Extensive Agricultural and Orchards as it will encourage agricultural
activities.
The State of Hawaii ALISH Map classities this property as "Other Important
Agricultural Lands". "fhe productivity rating for the soils in the area is "F." or "Very
Poor".
• The request is consistent with recommendations within the Kona Regional Plan and is
compatible with the rural character of lands located in the upper region of the
subdivision.
^ The State of Hawaii, Department of Land and Natural Resources Historic Preservation
Division, reports that there will be minimal disturbance of historic properties by the
change of zone action.
'fhe Change of "Lone 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 of7.one
request is approximately twenty-five conditions contained in Bill No. 197. These
conditions, in summation, mandate the compliance ofclauses contained in Resolution
No. 58-97 and requirement of fair share contributions b~ the applicant.
Communication 437
Bill 197
Page 3
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. 197.
During discussion, this committee questioned the appropriateness of Resolution 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 the natural habitat of the 'Alala in the area.
Post discussion, 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. 197 with the
following:
L Condition F. Add phrase "...and any further subdivision of..."
2. Condition L. Add specitic fair 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 ofI,one request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 197. as amended to D-2 ,
and recommends it pass first reading.
Ctd
AYES NOES A&E EX
ELARIONOFF X
ARAKAKI X _
CIIUNG X
HOLSCHUH X
JACOBSON X
REYNOLDS
- X
SAFARIK -- _ __ X
fUI.ANG X
TYLER
Respectfully submitted
COMMITTEE ON PLANNING
LENINGR DEL RIO OFF. C IRMAN
PC RI:POR"f NO. 70
nDOPTF:D. JAN 2 3 2004