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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