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Home My WebLink AboutREP PC 112 10/19/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: October 19, 2004 PLACE: Councilroom TIME: 9:08a.m. RE: Communication 786/Bill No. 329 Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 786 and Bill No. 329, transmitted by Mayor Harry Kim, dated September 22, 2004, regarding a Change of Zone request application by Thad E. Bond at Kaloko, North Kona, TMK: 7-3-27:21 reports as follows: Bill No. 329 seeks to amend Section 25-8-2 (North and South Kona Zone Map), Article 8, Chapter 25 (Zoning Code), Hawaii County Code by changing the District Classification from Agricultural 20-Acre (A-20a) to Agricultural 10-Acre (A-I Oa) for approximately 20.992 acres of land at Kaloko, North Kona, Covered by TMK: 7-3-27:21: Communication No. 786 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. 786, in synopsis, also reports the Planning Director's tindings and recommendations as the following: I . The applicant, Thad E. Bond, is requesting a Change of Zone from the Agricultural 20-Acre (A-20a) District to the Agricultural 10-Acre (A-I Oa) zoned district for approximately 20.992 acres of land. The property is located along the southeast side of Kaloko Drive approximately 500 feet west of the Kaloko Drive-Huehue Street intersection. Map Exhibit "A" further delineates the subject parcel. 2. The applicant is the owner of the parcel. The applicant intends to create an additional agricultural lot by subdividing the subject parcel into two agricultural properties that will be approximately 10-acres each in size. A dwelling, at an estimated cost of $450,000 each, is also proposed for both lots. Currently no buildings exist on the subject parcel, and the site is heavily forested. 3. Access to the proposed site is proposed through Kaloko Drive, a 22-foot wide paved County roadway. 4. All essential utilities are or will be made available to the site as part of this project. The subject parcel is located five miles away from emergency fire and medical services. 5. A 1982 'Alala Recovery Plan completed by the U.S. Fish and Wildlife Service reported that properties located in Blocks 8 through 13 above the 3,200 to 3,400 foot elevation on the west slopes of Hualalai should be designated as essential habitat for the ' Alala Bird population. The subject property is located in Block 10 at the 4,200-foot elevation. If a habitat were established, it is probable that a management plan for the area would need to be developed and inclusive of the subject parcel. wort No. 112 Communication 786 Bill 329 Page 2 6. Lands situated at the 1,900-foot elevation level in the Kaloko Mauka Subdivision are included within the Kona Watershed area according to the Office of State Planning's Water Resource Research Center. This parcel is located within the subdivision at the 4,200-foot elevation. 7. In order to protect the natural habitat and watersheds found in the Kaloko area, the Hawaii County Council on June 2, 1997 adopted Resolution 58-97. Resolution 58-97 established maximum density limits oftwo-dwellings per twenty acres, for properties located in the Kaloko Mauka Subdivision above the 3,000-foot elevation. Included within the resolution also are easement and setback boundaries and lot limits. The subject parcel falls within the scope of this resolution. 8. The Department of Transportation has expressed concern in the past over the numerous rezoning occurring in the Kaloko area and the cumulative impact these actions will have on roadways and traffic conditions. This rezoning request falls within this scope of concern. The approval of the Change of Zone request from Agricultural 20-Acre (A-20a) to the Agricultural 10-Acre (A-l0a) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: • 1'he rezoning action complements the Housing and Economic 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 rezoning action conforms to the Land Use Element of the Hawaii County General Plan and the LUPAG Map designation for the area. The LUPAG Designation is Extensive Agriculture and current land uses in the area are agriculture, pastoral and low-density residential. • The project site is "unclassified" by the State of Hawaii ALISH Map. The Land Use Study E3ureau's Overall Master Productivity Rating for the soils in the area is "E" or "very poor." • The rezoning request is compatible with the rural character of the area and consistent with the "Agriculture" recommendation made in the Kona Regional Plan. • 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 eight miles away from the coastline. • No archeological sites, cultural, historical resources, nor species are expected to be adversely affected because of this request. • The Flood Insurance Rate Map (FIRM) identifies the parcel "X" outside the 500-year flood plain. • 80% of the property's forest cover will be retained and a Forest Management Plan completed for the subject parcel, in compliance with Resolution 58-97 and the'Alala Recovery Plan. Communication 786 Bill 329 Page 3 • To address DOT's roadway and traffic concerns, roadway exactions will be assessed on this rezoning request. 9. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately seventeen conditions contained in Bill No. 329 that delineate deed restrictions, improvements and lot set backs requirements for the proposed project.. At today's meeting, Chris Yuen, Director of the Planning Department, provided this Committee with background information about the origins and purpose of Bill No. 329. Greg Mooers, representative of the applicant, responded to inquires regarding application specifics. Mr. Yuen explained that the subject parcel was part of the original Kaloko subdivision and provided historical information about Council action in relation to Kaloko rezoning requests. Mr. Yuen also explained to members of this Committee that parts of the Kaloko area are listed as an "Essential Habitat" for the 'Alala Bird, but the area had not yet been officially designated at the Federal level as a "Critical Habitat." During discussion, members of this Committee commended the Planning Department's forest conservation and management efforts in the Kaloko area. Post discussion, members of this Committee requested the following assistance from the Planning Department. Review of Kaloko rezoning request conditions for language and content consistency. Your Committee also voted to amend Bill 329 with the following: Condition K..... Condition language replaced with the following: The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads The amount of the fair share contribution shall be the sum which is the product of multiplyine the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable within ninety days of the effective date of this ordinance. If the subject prooerty is subdivided in two or more increments, the amount of the fair share contribution due and p~able prior to Final Subdivision Approval of each increment shall be a sum calculated in the same manner according to the number ofproposed lots in each such increment. The fair share contribution to address the potential road impacts shall be in the form of cash and/or in-kind services approved by the County Council and shall be applied to improvink, the Kaloko Drive/Mamalahoa Highway intersection. The fair share contribution shall have a value of allocated as follows: $9,472 uer lot for an indicated total of $18,944.00 to the State or County to suooort road and traffic improvements. Communication 786 Bill 329 Page 4 The fair share contribution shall be adjusted annually by the Hawaii County Planning Department be i~~three years after the effective date of this ordinance, based on the percenta epee in the Honolulu Consumer Price Index (HCPI). Upon approval of the fair share contributions the Director shall submit a final report to the Council for its information that identifies the specific approved fair share contributions, as allocated, and further implementation requirements. New Condition Added. (Condition M, Draft 2). [ .] The applicant shall comply with all applicable County, State and Federal laws rules requirements, and regulations. 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 Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 329, as amended to Draft 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 COMMITTEE ON PLANNING r PC REPORT Chair ADOPTED: