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Home My WebLink AboutREP PC 113 10/19/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: October 19, 2004 RE: Communication 787/Bill No. 341 PLACE: Councilroom TIME: 9:08a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning to which was referred Communication No. 787 and Bill No. 341, transmitted by Mayor Harry Kim, dated September 22, 2004, regarding a Change of Zone request application by Phil Knierim at Kaloko, North Kona, TMK: 7-3-25:07 reports as follows: Bill No. 341 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 Family Agricultural 3-Acre (FA-3a) for approximately 20.477 acres of land at Kaloko, North Kona, covered by TMK: 7-3-25:07: Communication No. 787 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. 787, in synopsis, also reports the Planning Director's findings and recommendations as the following: I . 1'he applicant, Phil Knierim, is requesting a Change of Zone from the Agricultural 20-Acre (A-20a) district to the Family Agricultural 3-Acre (FA-3a) district for approximately 20.477 acres of land. The property is located along the southeast side of Kaloko Drive approximately 500 feet west of the Kaloko Drive-Mahi Street intersection. Map Exhibit "A" further delineates the subject parcel. 2. M&K of Kona, LLC., is the owner of the parcel. The applicant is the managing member of M&K of Kona. The applicant intends to create six agriculture lots by subdividing the subject parcel into Family Agricultural properties that will be approximately 3-acres each in size. A dwelling, at an estimated cost of $350,000 each, is also tentatively proposed for two of the lot's. Currently, there are two buildings on the subject parcel. Both are expected to remain on proposed lot 1-A. 3. Access to the proposed site is proposed through Kaloko Drive and Mahi Street using one common driveway approach. Both Kaloko Drive and Mahi Street are 22-foot wide paved roadways. 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 5 at the 2,200-foot elevation. If a habitat were established, it is probable that a management plan for the area would need to be developed and may include the suhject parcel. Report No. 113 Communication 787 Bill 341 Page 2 6. Lands situated at the 1,900-foot elevation level in the Kaloko Mauka Subdivision are also included within the Kona Watershed area according to the Office of State Planning's Water Resource Research Center. As such, requirements for forest conservation are implemented for this area. This parcel is located within the subdivision at the 2,200-foot elevation and subject to these provisions. 7. "fhe 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. 8. The approval of the Change of Zone request from Agricultural 20-Acre (A-20a) to the Family Agricultural 3-Acre (FA-3a) 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 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 Orchards and current land uses in the area are family agriculture, agriculture, pastoral and low-density residential. • The project site is "Other hnportant Agricultural 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 "F." or "very poor." • The rezoning request is compatible with the rural character of the area and consistent with the recommendation "Agriculture" 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 seven miles away from the coastline. • There have been several archeological studies conducted in the past on this site. 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, covenants prohibiting a second dwelling, and a Forest Management Plan completed for the subject parcel, in compliance with the Kona Watershed Recharge Plan and the'Alala Recovery Plan. • To address DOT's roadway and traffic concerns, roadway exactions will be assessed on this rezoning request. Communication 787 Bill 341 Page 3 9. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately seventeen conditions contained in Bill No. 341 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. 341. Greg Mooers, representative of the applicant, responded to inquiries regarding application specifics. Post discussion, Your Committee also voted to amend Bill 341 with the following: Condition L..... 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 multiplvingthe number of lots proposed to be subdivided by the amounts allocated herein below for each such lot, and shal I become due and payable within nineri days of the effective date of this ordinance. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payableprior to Final Subdivision Approval of each increment shall be a sum calculated in the same manner according to the number of proposed 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 Counri Council and shall be applied to improving the Kaloko Drive/Mamalahoa Highway intersection. The fair share contribution shall have a value of $9,472.00 per lot. Based upon the applicant's representation of intent to subdivide and develop Up to six (6) lots, the indicated total fair share contribution is $56,832.00, however, the total amount shall be increased or reduced in proportion to the actual number of subdivided lots accordin tg o the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: $9,472.00 per lot for an indicated total of $56,832.00 to the State or County to support road and traffic improvements. The fair share contribution shall be adjusted annually by the Hawaii County Planning Department, be innin tg hree years after the effective date of this ordinance, based on the percentage change 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. 2. New Condition Added. (Condition N, 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 Canmittee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of this Change of Zone request. Communication 787 Bill 341 Page 4 Your Committee on Planning is in accord with the intent and purpose of Bill No. 341, 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 eniL ngrad EI iono ,Chair PC REPORT NO. 1 13 ADOPTED: NOV 1 O ZOOQ