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