HomeMy WebLinkAboutREP PC 109 10/05/2004 2002-2004REPORT OF THE
COMMITTEE ON PLANNING
DATE: October 5, 2004 RE: Communication 769/Bill No. 326
PLACE: Councilroom
TIME: 1:35 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 769 and Bill No. 326,
transmitted by Mayor Harry Kim, dated September 22, 2004, regarding a Change of Lone request
application by Alyssa Ackerman at Kokoiki, North Kohala, Hawaii, TMK: 5-5-4:33 reports as
follows:
Bill No. 326 seeks to amend Section 2-8-8 (Upolu Point Kaauhuhu Homesteads Zone Map),
Article 8, Chapter 25 (Zoning Code), Hawaii County Code by changing the District
Classification from Agricultural (A-20a) to Family Agricultural (FA-la) for approximately 3.936
acres of land at Kokoiki, North Kohala, Hawaii, covered by TMK: 5-5-4:33.
Communication No. 769 reports the Hawaii County Planning Commission, as required by the
Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request on
September 3, 2004. At this meeting, the Commission concurred with the Planning Director's
favorable recommendation for your approval of this matter. Communication No. 769, in
synopsis, also reports the Planning Director's findings and recommendations as the following:
The applicant, Alyssa Ackerman, is requesting a Change of Zone from an Agricultural
(A-20a) to a Family Agricultural (FA-1 a) zoned district for approximately 3.936 acres of
land. The property is located along the northeast side of Kokoiki Road approximately
1,200 feet of the Akoni Pule Highway and Kokoiki Road intersection. Map Exhibit "A"
further delineates the subject parcel.
2. The owners of the parcel, James and Trish Bryan, intend to create an additional
agricultural lot by subdividing the subject parcel into two Family Agricultural properties.
The owners will continue to own and reside on approximately 2.748 acres (proposed Lot
2) and sell approximately 1.88 acres (proposed Lot 1) to the applicant.
3. 7 he applicant owns and operates AK Essential Elements, which makes Hawaiian lotions.
After purchase the applicant intends to reside on the parcel and to farm crops that will be
used in her lotion business.
4. Access to the proposed site is proposed through Kokoiki Street, a County road. The
property owners will be required to provide a ] 0-foot future road widening setback
easement to the County along the length of the property, which fronts this street.
Report No. 109
Communication 769
Bill 326
Page 2
The approval of the Change of Zone request from the Agricultural district (A-20a) to the
Family Agricultural (FA-la) zoned district would result in an appropriate land use pattern
that will further benefit the public based on the following:
• The rezoning action complements the Economic and Housing Element goals,
objectives and/or policies articulated in the Hawaii County General plan, particularly
those relating to diversification of economic activities and housing opportunities.
The General Plan LUPAG Map designation for the azea is Intensive Agriculture.
Current land uses in the area are agriculture. The proposed use is consistent with the
LUPAG and established uses in the area. The applicant intends to continue
agriculture activities on the parcel.
The project site is classified as "other" important agriculture lands by the State of
Hawaii ALISH Map. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the area is "C" or "fair", which can be used for coffee and
pasture activities. 'the applicant has represented agriculture activities will continue.
Therefore, the agricultural productivity of this parcel will not diminish, but actually
increase afrer the rezoning action.
The approval of the Change of Zone Request will not be violative of Chapter 205A,
Hawaii Revised Statutes. The property is not situated within the Special Management
Area. It is located approximately three miles away from the coastline, and no
archeological sites, cultural or historical resources are expected to be adversely
affected as a result of this request.
The Flood Insurance Rate Map (FIRM) identifies the parcel as outside the 500-year
flood plain.
6. Requisite of the Planning Director's favorable recommendation for the Change of Zone
request aze approximately seventeen conditions contained in Bill No. 326 that outline
specific requirements for the proposed project.
At today's meeting, Chris Yuen, Director of the Planning Department, and Alyssa Ackerman, the
applicant, provided this Committee with background information about the origins and purpose
of Bill No. 326.
During discussion, Ms. Ackennan also requested that the Fair Share Assessment for this request
be waived. A letter from the applicant to this effect was circulated during the meeting. Some
Members of this Committee expressed a desire to be consistent with fair share exactions and
reported that it is rare to impose assessments for agriculture rezoning actions which are over
one acre in size.
It was also requested that the Planning Department review Condition E for content and grammaz.
Communication 769
Bill 326
Page 3
Post discussion, Your Committee amended Bill 326 with the following:
Condition M (Fair Share). Deleted
Condition O. [The applicant shall comply with all applicable laws, rules and regulations
of the affected agencies, including the Department of Public Works, Department of Water
Supply and Department of Health.] The applicant shall comply with all applicable
County, State and Federal laws, rules, regulations and requirements.
Conditions re-alphabetized and/or renumbered where necessary.
Your Committee concurs with the Planning Commission and the Planning Director's Favorable
recommendation for approval of this Change of "Lone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 326, as
amended to Drafr 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
CO MITTEE ON PLANNING
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1
Leningrad Elarionoff, Chair
PC REPORT NO. 109
ADOPTED: OCT 2 O 2004