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HomeMy WebLinkAboutREP PC 123 11/23/2004 2002-2004REPORT OF THE COMMITTEE ON PLANNING DATE: November 23, 2004 PLACE: Councilroom TIME: 1:40 p.m. RE: Communication No. 847/Bill No. 366 Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 847 and Bill No. 366, transmitted by Mayor Harry Kim, dated October 19, 2004, regarding a Change of Zone request by Arthur and Diane Maher, at Ouli, South Kohala, Hawaii, TMK: 6-2-11:9 reports as follows: Bill No. 366 seeks to amend Section 25-8-7 (North and South Kohala), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the District Classification of approximately 5.0067 acres of land from Agricultural 5-acres (A-5a) to Residential and Agriculture 2-acres (RA-2a). Communication No. 847 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. 365 on October 1, 2004. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 847, in synopsis, reports the Planning Director's findings and recommendations as the following: 1. The applicants are the owner of the property. The applicants are requesting a Change of Zone for 5.0067 acres from the Agricultural District to the Residential and Agricultural District. 2. The subject property is located in Anekona Estate Subdivision at the Anekona Street-Kanehoa Street intersection in Ouli, South Kohala. 3. The applicants aze also requesting a concurrent State Land Use Boundary Amendment (Bill No. 365) from the Agriculture District to the Rural District. 4. The applicants aze requesting the State Land Use Boundary Amendment and the Change of Zone so that they may further subdivide the property into two separate parcels (one additional lot). The applicants also intend to construct a dwelling on each lot. Currently, there are no homes on the lot. 5. The subject property was part of the original 36 lot Anekona Estates Subdivision that was created in 1990. 6. Access to lots is proposed from Kanehoa Street, a private roadway with a 50-foot right-of--way. 7. The approval of the Change of Zone request from the Agricultural District 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: • A Slate Land Use Boundary Amendment (Bill 365) is being concurrently processed with this request. Report No. 123 Communication 847 Bi11366 Page 2 • The request conforms to both the Land Use Commission Rules and the Hawaii State Plan's goals and policies on Housing, which supports and encourages the setting of low-density rural housing within the County, in appropriate locations, to meet the needs of its residents. The subject property is situated in the immediate vicinity of the Anekona Estates Subdivision, which includes existing Rural, and Residential and Agriculture lands and uses. • The action also complements the Land Use and Housing elements of the General Plan by providing additional rural and residential-agricultural housing opportunities in designated areas. • The property is not currently being used for active agricultural purposes. The property is "unclassified" on the State of Hawaii'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 "E" or "Very Poor". Therefore, the reclassification will not be detrimental to the agricultural land inventory in the County of Hawaii. • The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. • All essential services and utilities are or will be made available to the project site. • The Federal Emergency Management Agency Flood Insurance Map (FIRM) identifies the site as "X" or outside the flood plain. • The request is not expected to have a significant adverse impact to traditional, customary Hawaiian Rights or resources nor is it adjacent to the shoreline. The subject property is located six miles away from the shoreline. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are approximately twelve conditions contained in Bill No. 366 that outline specific requirements for the proposed project. At today's meeting, Planning Director Chris Yuen and Greg Mooers, representative for applicants, provided this committee with background information about the origins and purpose of Bill No. 366. Mr. Yuen explained that the application received a favorable recommendation from the Planning Department because the request coincides with established land use patterns in the area. Post discussion, Your Committee amended Bill 366 with the following: Condition H. The applicant shall comply with all applicable County State and Federal laws rules reeulations and reuuirements. [ > ]. Your committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Communication 847 Bill 366 Page 3 Your Committee on Planning is in accord with the intent and purpose of Bill No. 366, as amended to Draft 2, and recommends it pass first reading. Ctd AYES NOES A&E ABS ARAKAHI X CHUNG X ELARIONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFARIK X TULANG X TYLER X COMMITTEE ON PLANNING nin d E ion , Ch 'r PC REPORT NO. 123 I ADOPTED: FEB ~ 2 7M~