HomeMy WebLinkAboutREP PC 098 07/07/2004 2002-2004REPORT OF THE
COMMITTEE ON PLANNING
DATE: July 7, 2004 RE: Comm. No. 669Bi11 No. 287
PLACE: Councilroom
TIME: 1:25 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 669 and Bill No. 287,
transmitted by Mayor Harry Kim, dated .lone 2I, 2004, regarding a Change of lone request by William
H. McClintick at Kaloko. North Kona, 1'MK: 7-3-26:15, reports as follows:
Bill No. 287 seeks to amend Section 25-8-2. Article 8, Chapter 25 (7,oning Code) of the I lawai'i County
Code, by changing the District Classification of approximately 25.687 acres of land from Agricultural 20-
acre (A-20a) to Agricultural 10-acre (A-l0a).
Communication No. 669 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 May 28,
2004. At this meeting, the Commission concurred with the Planning Director's favorable
recommendation for approval of this matter. Communication No. 669, in synopsis, describes the Planning
Directrn's findings as the following:
I . The applicant is requesting a Change of Zone Irom an Agricultural 20-acre (A-20a) to
Agricultural 10-acre (A-l0a) zoned district for approximately 25.687 acres of land.
2. William H. McClintick (applicant) and Pamela Crosby are the owners of the suhject
property.
3. I~he subject property is located in the Kaloko Mauka Subdivision at the 3,400-foot elevation at
the Makahi Street and Kaloko Drive intersection. The property is heavily forested. Exhibit A
further delineates the subject property.
4. The applicant intends to subdivide the subject parcel into two parcels, one 10+ acres and one I5+
acres in size. Two dwellings exist on the lot The dwellings are used by the property owners.
The proposed request would allow each of the co-owners to own their own lot with their existing
single-family dwelling.
5. Access to the subject property is proposed from Kaloko Drive and Makahi Street, both 22-toot
wide paved roadways with 8-toot grass shoulders within an 80-toot right-oG-way.
6. All utilities and services arc ar will he made available to the property.
7. A 1982 ~AIaIa 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 8, at the 3,400 foot elevation.
PC Report No. 98
8. 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 Oftice of State Planning's
Water Resources Research Center. The subject parcel is located within the subdivision and
within the recharge area.
9. In order to protect the natural habitat and watersheds found in this area_ the Hawaii County
Council on .tune 19, 1996 and on June 2, 1997 adopted Resolution Nos. 330-96 and 58-97. These
resolutions established maximum density limits of two-dwellings per twenty acres for properties
lucated in the Kabko Mauka Subdivision above the 3,000 foot elevation or above the 2,500-foot
elevation above sea level elsewhere in the districts of North and South Kona. Also included
within the Resolutions are easements, setback boundaries, and forest cover requirements and lot
size limits. The subject parcel falls within the scope of these resolutions.
1 U. The State of Hawaii ALISH Map classities this property as "Other Important Agricultural
bands". The productivity rating for the soils in the area is "E" or "Very Poor".
I I. The Director recommended favorably on this request based on the following:
• The Change of 7.one 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 and
Land Use Elements.
• Surrounding properties arc zoned A-20a & A-I Oa. The Land Use Pattern Allocation Guide
(LUPAG) Map designates this area as Orchards. The subject request conlorms to established
land uses and will be compatible with the rural character of lands in the area.
• 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 lone Management Areas as the subject property is located seven miles
from the shoreline and not located in the management area.
• The Kona Regional Plan, adopted by Council Resolution in 1984. recommends the area have
a minimum lot size of tive acres for agricultural activities. The subject request is consistent
with this criterion.
• Archaeobgical 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
setback requirement in addition to retain RO% forest cover on the lot to minimize visual
impacts of the project.
• The subject property is located outside of the 500-year flood plain.
12. Requisite of the Planning Director's favorable recommendation for the Change of Zone request is
approximately twenty-seven conditions contained in Bill No. 287. 'T'hese conditions delineate
deed restrictions, forest management and lot setback 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 ofi Bill No. 287.
During discussion members of this Committee inquired about the possibility of rezoning the entire area_
whether traditional gathering practices occurred in the area as well as the public purpose this request
served.
Post discussion, members of this Committee requested that staff locate previous Kaloko rezoning
applications to ensure that Fair Share Assessments will be implemented consistently.
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of the Change of 7,one request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 287 and recommends it
pass first reading.
Ctd
AYES NOES A & E EX
ARAKAKI X
C'HUNG X
ELARIONOFF X
HOLSCHUH X
JACOBSON X
REYNOLDS X
SAFARIK X
I'U LANG X
TYLER X
COMMITTEE ON PLANNING
Len'ngrad ario ff, Chair
PC REPORT NO. 98
ADOPTED: ~~~ 2 3 204