HomeMy WebLinkAboutREP PC 104 08/03/2004 2002-2004REPORT OF THE
COMMITTEE ON PLANNING
DATE: August 3, 2004 RE: Communication 700/Bill No. 302
PLACE: Councilroom
TIME: 2:47 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 700 and Bill No. 302,
transmitted by Mayor Harry Kim, dated July 8, 2004, regarding a Change of District
Classification of Property Amendment Application by Tom Smith at Kohanaiki, North Kona,
Hawaii, TMK: 7-3-19:28 reports as follows:
Bill No. 302 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25
(Zoning Code), Hawaii County Code by changing the District Classification from Agricultural
(A-3a) to Residential and Agricultural (RA-.Sa) for approximately 4.07 acres of land at
Kohanaiki, North Kona, Hawaii, covered by TMK: 7-3-19:28.
Communication No. 700 reports the Hawaii County Planning Commission, as required by the
Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and
accompanying Bill 301 on June 18, 2004. At this meeting, the Commission concurred with the
Planning Director's favorable recommendation for your approval of this matter. Communication
No. 700, in synopsis, also reports the Planning Director's findings and recommendations as the
following:
The applicant, Tom Smith, is requesting a Change of Zone from an Agricultural (A-3a) to
a Residential and Agricultural-.5 acre (RA-.5) zoned district for approximately 4.07 acres
of land. Map "Exhibit A" further delineates the parcel.
2. The property is located along the north side of Church of God Road, approximately 600
feet west (makai) of the Hawaii Belt Highway (State Highway 190) -Church of God
Road intersection in Kohanaiki, North Kona, Hawaii.
3. The applicant intends to subdivide the property into 7residential-agricultural lots with a
minimum area of a %-acre or 21,780 square feet. Access to the site will be through the
Church of God Road. Alternate access is proposed via the Hualalai Vista Subdivision.
4. All utilities are or will be made available to the property as part of this project.
5. The applicant is also requesting a concurrent State Land Use District Boundary
Amendment from an Agricultural to a Rura] District.
PC Report No. 104
Communication 700
Bill 302
Page 2
6. Approval of the Change of Zone request will conform to the Land Use (Single Family
Residential) and Housing elements of the Hawaii County General Plan and the Keahole
to Kona Development Plan, which recommends the area for residential expansion.
The LUPAG Designation for the area is Urban Expansion. This designation allows for a
mix of high density, medium density, low density, and industrial uses. Surrounding uses
are predominately a mix of Single and Multiple Family Residential, Neighborhood
Commercial, Agricultural, and Open zoning. This request is consistent with the
established low density and mix of uses in the area.
The property is shown as "Other Important Land" on the State of Hawai`i's Agricultural
Lands of Importance to the State of Hawaii (ALISH) Map. The Land Use Study
Bureau's Overall Master Productivity Rating for the soils in the area is "D" or "Poor."
The property is not currently being used for active agricultural purposes. Therefore, the
Change of Zone will not be detrimental to the agricultural land inventory in the County of
Hawaii.
At today's meeting, Roy Takemoto, Deputy Planning Director, and Sidney Fuke, Representative
of the applicant, provided this Committee with background information about the origins and
purpose of Bill No. 302.
[n accordance with Section 25-2-44, Hawaii County Code, your committee further amended
conditions specified in Section 2, Bill 302, as follows:
Condition "D" shown on page 4 of Bill 302, relating to restrictive covenants in the deeds of
all the proposed lots, was amended to add condominium property regimes as follows {new
material underscored}:
"Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the turns of the zoning ordinance prohibit the
construction of an ohana dwelling or a second dwelling unit and condominium
proyertv re i~mes on each lot ..."
Condition "E" on page 5, as amended, clarifies the road connection obligation between the
developers of the Hualalai Vistas Subdivision and the subject site, and the extension of not
only road but associated utilities (water and utility) to the Homestead Road as follows {new
material underscored; deleted material bracketed}:
"E. Access to the property shall be through the Hualalai Vistas Subdivision to the
north. The applicant shall extend a County dedicable subdivision road and
associated utilities from the southern boundary of the Hualalai Vistas Subdivision to
the Homestead Road on the southern boundary of the subject property prior to or in
conjunction with final subdivision approval. The intersection of the Homestead
Road and the proposed interior subdivision road shall be improved meeting with the
Communication 700
Bill 302
Page 3
approval of the Department of Public Works. The subdivision road shall be
dedicated to the County upon request. [Upon request by the County, dedicate a 50-
foot right-of--way to the County, at no cost, from Hualalai Vistas to the Homestead
Road, so that Hualalai Vistas can construct the subdivision access road required by
Ordinance 03 144. This alternative shall be exercised if Hualalai Vistas constructs
its subdivision before the subject property is developed.] There shall be no access
for construction vehicles for the subdivision improvements on the Homestead Road.
If the Hualalai Vistas Subdivision precedes the development of the subiect property,
upon request by the Countv the landowner of the subject propertv shall dedicate a
50-foot right-of-wav within the subject propertv to the Countv, at no cost, between
the Hualalai Vistas Subdivision and the Homestead Road. This is to enable the
Hualalai Vistas Subdivision to construct a subdivision access road to the Homestead
Road as required by Ordinance 03-144."
• Condition "K" on page 6 was amended to give the developer road credit for any
improvements done within the Homestead Road right-of--way {new material underscored)
"K. The applicant shall pay its fair share contribution... However, the total amount
shall be increased or reduced in proportion with the actual number of units according
to the calculation and payment provisions set forth in this Condition K. The cost of
providinf~ and/or constructint~ the improvements within the Homestead Road ri¢ht-
of-wav shall be credited against the sum specified herein for road and traffic
improvements."
Your Committee concurs with the Planning Commission and the Planning Director's favorable
recommendation for approval of this Change of Zone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 302, as
amended to Draft 2, and recommends it pass first reading.
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AYES NOES A&E EX
ARAKAKI X
CHUNG X
ELARIONOFF X
HOLSCHUH X
JACOBSON X
REYNOLDS X
SAFARIK X
TULANG X
'TYLER X
EON PLANNING
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PC REPORT NO. 104
ADOPTED: AUG 1 S 2OOQ