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HomeMy WebLinkAboutREP PC 089 05/04/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: May 4, 2004 RE: Comm. No. 557lBill No. 247 PLACE: Councilroom TIME: 1:45 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 557 and Bill No. 247, transmitted by Mayor Harry Kim, dated March 8, 2004, regarding a Change of Zone request by Richard and Christin Grover at Kaloko, North Kona, TMK: 7-3-25:8 (23.208 acres), reports as follows: Bill No. 247 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 23.208 acres of land from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-Sa). Communication No. 557 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 February 20, 2004. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 557, in synopsis, describes the Planning Director's findings as the following: The applicant is requesting a Change of Zone from an Agricultura120-acre (A-20a) to Agricultural 5-acre (A-Sa) zoned district for approximately 23.208 acres of land. • The subject property is located in the Kaloko Mauka Subdivision at the 2,800-foot elevation at the Hao Street and Kaloko Drive intersection. Exhibits A through K further delineate the subject property. ^ The applicant intends to subdivide the subject parcel into four 5-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. These dwellings will not be marketed and are intended for use by the applicant's family. • Access to the properties will be from Kaloko Drive and Hao Street. Traffic impact by the subject proposal is expected to be minimal. ^ All utilities and services are available to the property. PC REPORT NO. 89 Hawaii County is an EguaL Opportunity Provider and Employer Communication 557 Bill 247 Page 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 3,200 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 4, at the 2,800 foot elevation. Lands situated at or above 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 pazcel is located within the subdivision and within the recharge azea. 4. [n order to protect the natural habitat and watersheds found in this area, the Hawaii County Council on June 19, 1996 and on June 2, 1997 adopted Resolution Nos. 330-96 and 58-97. These resolutions established maximum density limits oftwo-dwellings per twenty acres for properties located in the Kaloko Mauka Subdivision above the 3,000 toot elevation or above 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona. Also included within the Resolutions aze easement and setback boundaries and forest cover requirements and lot size limits. The subject parcel falls within the scope of these resolutions. 5. The Director recommended favorably on this request based on the following: • The Change of Zone request from Agricultural (A-20a) to the Agricultural (A-Sa) zoned district will conform to the goals, policies and standazds of the General Plan Economic and Land Use E-ements. The subject request conforms to uses established for the area. Surrounding properties are zoned A-20a, A-Sa, A-3a. The proposed subdivision will be compatible with the rural character of lands in the area. ^ The Land Use Pattern Allocation Guide (LUPAG) Map designates this area as Orchards. Orchards are agricultural lands which though rocky in chazacter can support some productive agricultural activities. 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 "Very Poor". ^ The proposed subdivision will provide residents with more economic opportunities to pursue agriculture activities. The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management Areas as the subject property is located seven miles from the shoreline and not located in the management area. Communication 557 Bill 247 Page 3 ^ 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 subject request is consistent with this criterion. ^ Archaeological reports indicate that no historic properties have been recorded on the site. ^ The applicant will be required to retain forest reserve easements as well as a structural set back requirement in addition to retain 80% forest cover on the lot to minimize visual impacts of the project. • The subject property is located outside of the 500-year flood plain. 6. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately twenty-three conditions contained in Bill No. 247. These conditions delineate deed restrictions, improvements and lot set backs requirements. At today's meeting, Planning Director Chris Yuen and Greg Mooers, representative of the applicant, provided this committee with background information about the origins and purpose of Bill No. 247. Post discussion, Your Committee voted to amend Bi11247 with the following: Condition K. Replace with standard language requiring Council approval of "in- lieu" and also include contributions amount. 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. 247, as amended to Draft 2, and recommends it pass first reading. Ctd AYES NOES A&E EX ARAKAKI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFARIK X TULANG X TYLER X Respectfully submitted, COMMITTEE ON PLANNING Leningrad lariono ,Chair PC REPORT NO. 89 ADOPTED: MAY ~ ~d