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HomeMy WebLinkAboutREP PC 115 10/19/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: October 19, 2004 RE: Communication No. 788/Bill No. 343 PLACE: Councilroom T[ME: 9:08 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was refereed Communication No. 788 and Bill No. 343, transmitted by Mayor Harry Kim, dated September 22, 2004, regazding a Change of Zone Request by Lillian Mahi, at Kalaoa f" and 2id, North Kona, Hawaii, TMK: 7-3-11:68 reports as follows: Bill No. 343 seeks to amend Section 25-8-3 (North Kona), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 1.8629 acres of land from Agricultural-5 Acres (A-Sa) to Single Family Residential-20,000 square feet (RS-20). Communication No. 788 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 No. 342 on September 3, 2004. The Commission concurred with the Planning Director's favorable recommendation on this mattes Communication No. 788, in synopsis, reports the Planning Director's findings and recommendations as the following: 1. The applicant, Lillian Mahi, is requesting a Change of Zone amendment from Agricultural to Residential for approximately 1.8629 acres of land. The applicant is co-owner of the parcel. 2. A request for a State Land Use Boundary Amendment (Bill 342) from the Agricultural District to the Urban District is being concurrently processed. 3. The subject property is located on the southwest corner of the Mahilani Drive-Mamalahoa Highway intersection in Kalaoa 1" and 2nd North Kona, Hawaii. 4. l'he applicant intends to subdivide the property into a 3-lot subdivision, creating two additional lots in the process. Each of the three lots will be approximately 20,000-square feet in size. The applicant intends to confer each of these lots to her children. 5. Access to lots B-1 and B-2 is proposed from Mahilani Drive. Access to lot B-3 is proposed from an existing access onto Mamalahoa Highway. The applicant also has proposed to construct a 10-foot wide planting screen easement along the frontage of the proposed lots. 6. All utilities are or will be made available to the project site. 7. The approval of the Change of Zone request from Agricultural 5-Acre (A-Sa) to the Single-Pamily Residential 0,000 square foot (RS-20) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: Report No. 115 Communication 788 Bill 343 Page 2 • An amendment to the State Land Use Boundary Map from an Agricultural to Urban District (Bill No. 342) is being concurrently processed for the proposed residential development. Upon the adoption of this amendment, the proposed Change of Zone request will be consistent with the proposed Urban District Designation. • The LUPAG designation for the area is Urban Expansion. Current land uses in the area are a mix of residential uses. The proposed use is consistent with the urban form for this area. • The request also is supportive of the Housing Element of the Hawaii County General Plan and the Hawaii State Plan by providing additional single-family residential housing opportunities that meet the needs of its residents and is in close proximity to essential service centers. The subject parcel is located seven miles from emergency services. • The Kona Regional Plan and the Keahole to Kailua Development Plan both designate the area for residential uses. • The subject property, while currently within the State Land Use and County Agricultural zoned districts, it is not actively used for agricultural purposes. The project site is "unclassified" by the State of Hawaii ALISH Map. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor". • The approval of the Change of Zone Request will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes. The property is not situated within the Special Management Area. It is located approximately 5 miles from the coastline. • A Botanical Reconnaissance conducted by Ron Terry in March 2004 revealed no rare or endangered floral or fauna species that are expected to be adversely affected by this action. • Rechtman Consulting conducted an Archeological Assessment of the project area as part of the Environmental Report. No archaeological resources or historic sites were reported nor expected to be adversely impacted by this action. • The subject parcel is in FIRM Zone "X" or outside the flood plain. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request is approximately fourteen conditions contained in Bill No. 343 that outline specific access routes and fair share requirements for the project. At today's meeting, Planning Director Chris Yuen and Greg Mooers, representative for the applicant, provided this committee with background information about the origins and purpose of Bill No. 343. The applicant, Lillian Mahi, was also present. Mr. Yuen explained that the application received a favorable recommendation from the Planning Department because the request coincided with the land use designation for the area. Mr. Mooers provided members with information and details about property access points. During discussion, Councilmember Tyler explained that the Mahi family is a longtime resident of the region Communication 788 Bill 343 Page 3 and on the Ahupua'a. He further shared that this action was an effort to continue that family tradition. Members also noted a discrepancy between the cover letter and the metes and bounds acreage description of the parcel. It was noted that the metes and bounds cited the correct lot size of 1.8629 acres. Post discussion your Committee voted to amend Bill 343 with the following: I . Condition D. Access to the proposed lots (B-I and B-2J shall be from Mahilani Drive. Access to proposed lot B-3 shall be from an existing access on Mamalahoa Highwak Access shall meet with the requirements of the Department of Public Works. 2. Condition H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit [en] and condominium property reeimes and any further subdivision of each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restrictink the number of dwellings. 3. Condition 1. Deleted. 4. Condition N. (Condition M, Draft 2). The applicant shall comply with all applicable County, State and Federal laws, rules, reeulations and requirements. 5. Condition O. Deleted. 6. Conditions re-alphabetized and renumbered were appropriate. 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. 343, 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 1 ~ ~/t-{M Leni rad Elari off, air PC REPORT NO. 1 15 ADOPTED: NOV 1 O 2004