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HomeMy WebLinkAboutREP PC 090 05/04/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: May 4, 2004 RE: Comm. No. 561Bi11 No. 249 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. 561 and Bill No. 249, transmitted by Mayor Harry Kim, dated March 16, 2004, regarding a Change of Zone request by Hester Farming Co., LLC, at Palima and Paaua, Ka'u, TMK: 9-6-5:18 and 9-6-6:4 (171.782-acres) reports as follows: Bill No. 249 seeks to amend Section 25-8-28, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 171.782-acres of land from Agricultural-20 acres (A-20a) to Agricultural Project District. Communication No. 561 reports that the Hawaii County Planning Commission, as required by the Hawaii County Charter, Article V[, Chapter 4, Section 6-4.3(C), considered the above request on March 5, 2004. At this meeting, the Commission concurred with the Planning Director's favorable recommendation for approval of this matter. Communication No. 561, in synopsis, reports the Planning Director's recommendations and findings as the following: 1. The applicant is requesting a Change of Zone from Agricultural (A-20a) to Agricultural Project District for approximately 171.782 acres of land. The subject parcel is located 1.5 miles north of Pahala Village in the vicinity of the former Meyer Camp in Ka'u. In the 1960's the site was formerly used in sugar operations. 3. The applicant intends to subdivide the parcel into 25 parcels offive- to twelve-acre lots. The estimated cost of improvements is $1,000,000.00. 4. The applicant's residence and a storage building are located on TMK: 9-6-5:18. Approximately ] 0 acres of the same property is currently used for a variety of farm crops. The applicant also intends to retain at least 60 areas for farming activities. Access to the site is from an extension of a private road known as Meyer Camp Road. The road has aright-of=way of approximately 50 feet with a pavement width ranging between 18 to 22 feet. A private water system is being developed for the proposed project. Septic or cesspool systems will be installed. 'Chere is no electric, waster water or telephone service to the subject parcel. Solar electricity or diesel generators and cellular communications are currently used. PC REPORT NO. 90 Hawaii County is an Equal Opportunity Provider and Employer Communication 561 Bill 249 Page 2 The approval of the Change of Zone request is consistent with the Economic Element of Hawaii County General Plan and is consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) based on the following: The LUPAG Designation for the property is Intensive Agricultural and Extensive Agriculture. These designations identify sugar, orchard, diversified crops, and pasturage and range lands. Surrounding properties are zoned Agricultural 20-acre (A-20a). The Agricultural Project District designation provides a flexible and creative planning approach for developments within the agricultural zoned district. It will allow for flexibility in location, lot variations, encourage mixed agricultural-residential uses and provide economic agricultural opportunities for residents. The subject proposal will also be compatible with the agricultural and rural lifestyle in the area. • The property is classified by the State of Hawaii ALISH Map as Prime Agricultural Land and Other Important Agricultural Lands. The Soil productivity rating for the soils in the area is "B" or "Good" and "C" or "Fair". The subject requests will allow for continued agricultural use of the land. • There are no known historic, cultural, archeological features or endangered species or fauna on the parcel. • 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 five miles from the shoreline and not located in the management area. • The subject property is located outside of the 500-year flood plain. • The request will not result in a substantial adverse impact upon the surrounding area or community. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request is approximately twenty conditions contained in Bill No. 249 that outline specific infrastructure improvements and project district requirements for the subject parcel. At today's meeting, Planning Director Chris Yuen and Sidney Fuke, representative of the applicant, and Ellis Hester, the applicant, fielded questions about the proposed rezoning action and the Project District. Mr. Ellis explained that he would retain property to continue his own farming operation. Your Committee also received public testimony in relation to this Change of Zone request. During discussion, members of this Committee inquired about possible flooding in the area and public access to the road during emergencies. Mr. Ellis explained that near the property is a gulch where rain waters run and that the road could be used by the public during emergency situations. Mr. Yuen agreed to draft language allowing use of the road during emergencies. Members of this Committee also shared that they had visited and/or inspected this parcel and the surrounding area recently. Communication 561 Bill 249 Page 3 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. 249 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 enin rad E riono '; Ch it ' PC REPORT NO. 90 ADOPTED: AUG I H 2004