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HomeMy WebLinkAboutREP PC 073 02/03/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: February 3, 2004 RE: Comm. No. 458/Bill No. 214 PLACE: Councilroom TIME: 2:45 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 458 and Bill No. 214, transmitted by Mayor Harry Kim, dated December 30, 2003, regarding a Change of Zone request by Thomas A. Tuso, at Pua'a, North Kona, Flawai'i, TMK: 7-5-12:38 (8.773 acres) reports as follows: Bill No. 214 seeks to amend Section 25-8-3, Article 8, Chapter 25 ('Coning Code) of the Flawai'i County Code, by changing the District Classification of approximately 8.773 acres of land from Agricultural-5 acres (A-Sa) to Family Agricultural (FA-3a). Communication No. 458 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 December 4, 2003. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 458, in synopsis, reports the Planning Director's recommendations and findings as the following: The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to Family Agricultural (RA-3a) zoned district for approximately 8.773 acres of land. • The subject parcel is located near the former Ferrari Kona Coffee Plantation Store on former coffee farm property. The site is vacant of any structures. The applicant intends to subdivide the parcel into two parcels of five and three acres. One parcel will be used as the applicants home site and the other will be sold. The applicant desires to revive the former coffee farm and hopes that the lot, which if sold, will be used for this purpose. Exhibits A through L further delineate the subject property and project. Access to the property is currently from a I6-foot road and easement, which runs alongside a parcel that adjoins Mamalahoa Highway. The applicant has also identified an additional easement, which may provide for a total easement width of 41 feet to the parcels. The applicant intends to improve the access routes fronting and beyond the subject parcels as well as the easement intersection. • All utilities can or will be made available to the subject development. Communication 458 Bill 214 Page 2 2. The approval of the Change of Zone is not violative of Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management Areas. The approval of the Change of Zone request conforms with the Land Use acct Agricultural Elements of the Hawaii County General Plan by encouraging the intensive utilization of the County's agricultural lands, rural style residential agricultural developments and also providing an appropriate land use mix to its residents. 4. Surrounding parcels are zoned Agricultural (A-Sa l0 1 a). The Change of Zone request conforms to the land Use Allocation Guide (LUPAG) Map component designation of Orchards. 6. The property is unclassified by the State of Hawaii ALISH Map Soils of"Kainaliu" Extremely Stony Silty Clay Loam and "F{onuaulu" Extremely Stony Silty Clay Loam are located on the parcel. Such soil is predominately used for coffee and pasture. "I'he productivity rating for the soils in the area is °C" or "Fair". The subject property is located outside of the 500-year flood plain. There are no known historic, cultural, archeological features. or endangered species or fauna on the parcel. 9. The Kona Regional Plan, adopted by Council Resolution in 1984, recommends the area have a minimum lot size of five acres for agricultural activities. The FA-3 acre is not violative of this agriculture activity. 10. Requisite of the Planning Director's favorable recommendation for the Change of Zone request is approximately fifteen conditions contained in Bill No. 214 that outline specific infrastructure improvements and access route requirements for the project. This matter was first heard on .lanuary 22. 2004. At that meeting, Sidney Fuke, representative of the applicant, provided this Committee with information about the Change of Zone request contained in Bill No. 214. No representatives were present from the Planning Department. According to Mr. Fuke, the applicant, as a condition of this request, has agreed to finance significant access and road improvements. Fie also informed members of this Committee that another option presently available to the applicant is the construction of a second or farm dwelling unit. Pursuing this alternative would not require any improvements be constructed to the roadway During discussion, Committee members questioned the Planning Director's favorable recommendation of this application despite the fact that the parcel is being rezoned to a 3-acre parcel rather than the 5-acre size as recommended in the Kona Regional Plan. Communication 458 Bill 214 Page 3 Your Committee chose to defer this matter pending further input from the Planning Department. At today's meeting, Planning Director Chris Yuen and Sidney Fuke. representative of the applicant, fielded questions about the proposed rezoning action. Mr. Yuen, in response to concerns raised by members of this Committee, explained that he did not consider approval of this request as aprecedent-setting action. He further added that each request should be considered on an individual basis. During discussion, members of this Committee expressed concern over the amount of runoff that would be generated along the improved roadway and the adequacy of plans to address the effects of such. Further, comments were made which questioned that applicant's intent to actually perpetuate agricultural use of the land and the accuracy of current Federal flood plain maps. Post discussion your Committee voted to amend Bill 214 by adding language requiring the containment and disposal of runoff on site. 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. 214, as amended to Draft 2, and recommends it pass first reading. Ctd AYES NOF•,S A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X .IACOBSON X REYNOLDS X SAFARIK X 1'ULANG X TYLER X COMMIT"1'EF, ON PLANNING Lehingra lari Hoff, C air PC REPORT NO. 73 ADOPTED: FEB 1 9 2nd