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Home My WebLink AboutREP PC 134 07/14/1998 1996-1998 1 _~.r REPORT OF THE COMMITTEE ON PLANNING DATE: July l4, 1998 Re: C-910/Bil1No.270 PLACE: Councilroom TIME: 1:38 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 270, transmitted by Mayor Stephen K. Yamashiro per Communication No. 9 L0, dated June 29, 1998, regarding the change of zone request by Star Markets, Ltd., at Kaloko, North Kona, Hawau, TMK: 7-3-25: l2, reports as follows: Bill No. 270 amends Section 2~-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (7~>ning Code) of the Hawaii County Code, by changing the district classification for approximately 21353 acres of land from an Agricultural (A-20a) to an Agricultural (A-Sa) zoned district. The irregular shaped property, owned in fee by the applicant, is located in the Kaloko Mauka Subdivision on the north side of Kaloko Drive at approximately the 2,520 foot elevation. fhe applicants originally wanted to subdivide the property into six lots of approximately 3-acres each to increase the potential of the property, to preserve the character of the land, and protect and maintain the naturally forested areas. However, based upon testimony presented at the public hearing and representations made by the applicant's representative, the Planning Commission recommended that a property designation of Agricultural (A-Sa) would be more appropriate for the subject parcel. This zoning decision was based on t he County's Resolution No. 330-96, which established a policy relating to the amendment of zone district boundaries within Kaloko Mauka and other Kona Watershed and Mauka Forest Areas. The proposed subdivision of 5-acre lots would be compatible with the agricultural character of lands located within the lower elevations of Kaloko Mauka Subdivision which are zoned A-Sa and A-3a. The 5-acre lot sizes will provide opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to Ote financial or labor demands placed on them by the larger 20-acre parcels. The applicant has agreed to impose restrictive covenants requiring the filing of conservation plan with the Soil and Water Conservation District as well as restricting the construction of second dwelling units on each subdivided lots. Access to the subject property is off Kaloko Drive, the subdivision's primary roadway which has an 80- foot right-of=way with a 22-foot wide pavement and 8-foot wide l,*~~ass shoulders. The subject property is located within Zone "X". which is outside'the 500-year food plain. fhe Soil Survey Report classifies soils within the project site as Kiloa Extremely Stony Muck, 6 to 20 percent slopes. This soil consists ofwell-drained, thin, extremely stony organic soils over fragmental A'a lava. The surface layer is very dark brown, extremely stony muck about 10 inches thick. Permeability is rapid, runoff is very slow and the erosion hazard is slight This soil is used for woodland and pasture. The Land Study Hureau classifies the soils within the subject property as "E" (Very Poor) for agricultural productivity. 'fhe Agricultural Lands of Importance to the State of Hawaii (ALISH) System classifies the soils as "Unique Agricultural Land", lands that have the special combination of soil PC-134 Page 2 July 14, 1998 quality, location, growing season and moisture supply used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. The ' Alala Recovery Plan dated October 28, 1982, recommends that a portion of the lands of Kaloko, above approximately the 3,200 foot to 3,400 foot elevation including all parcels in Blocks 8 through l3 of Kaloko Mauka Subdivision, be designated as an essential habitat for the ~Alala, an endangered bird whose population has reached an extremely critical state. The Centra] Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding `Alala. Recent discussions with the Department of Land and Natural Resources indicate that there have been no ' Alala sightings in Kaloko during this decade. The subject parcel is heavily vegetated with ohia, tree fern, a variety of shrubs and non-native vegetation. Wildlife seen a[ the property consists of turkeys, hawks (I'o), Chinese pheasant and other forest birds. The Kaloko Mauka Subdivision extends from the 1,700 foot elevation to the 5,700 foot elevation of Hualalai. Between the 1,700 to ?,600-foot elevation, the lands are zoned A-3a and A-20a. At the 2,900- foot elevation, the lands are zoned A-Sa and A-20a. At the 3,000 to 4,200 foot elevation, lands are zoned A-IOa and A-20a. However, an increasing number of parcels, which arc not being rezoned, are developing condominium property retnmes. All essential utilities and services are available to the subject property. Water for the proposed subdivision development will he provided by the existing County's North Kona Water System. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. An archaeological investigation of the Kaloko ahupua'a was conducted by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. According to the application, archaeological sites may be located within the subject property. The applicants stated that no construcrion or land alteration activity will commence until such time that the appropriate clearances are secured from the affected State and County agencies. It is recommended that an archaeological study of the subject property be submitted for review and approval by the Planning Director. Your Committee had concerns about the applicant's proposal for the 60-foot wide "forest reserve easement" for buffer purposes along the existing road, a 60-foot wide structural setback along the existing roads in lieu of the required 30-foot setback, a 30-foot "forest reserve easement' along all lot lines not covered by the 60 foot easement and a provision that no less than fifry percent of the entire lot area be retained in forest. These recommended conditions, which have the support of the Planning Director, will attempt to preserve the forest corridor along the roads of Kaloko Mauka Subdivision. A suggestion, at the request of the Kaloko residents, was to increase rthe setbacks and easements to what were established in Resolution No. 58-97, as seen in Bill No. 269, Drafl 2, and to increase the Ibrest ratio to KO%. Your Committee was asked to review and compare previous zonings of this size, and to sec if a proportionate ratio could be worked out. Bill No. 270, Draft 2, which amended Condition L to include the standard language for fair share contributions, was circulated and approved by Your Committee. Your Committee understands that these contributions would be applied to the improvement of the Kaloko/Mamalahoa Highway intersection, and questioned why contributions were collected for parks, fire, police and sewage when fair share contributions are not usually collected on this type of zoning. Your Committee had concerns about the PC-134 Page 3 July 14, 1998 traffic on Mamalahoa Highwa}~ and the poor sight distance from Kaloko Drive as you enter Mamalahoa Highway, so they wanted to know the future plans of the Department of Public Works in regard to the Kaloko/Mamalahoa Highway intersection, as Mr. Kazu Hayashida, of the State Department of Transportation, stated in his communication to the Planning Department that he does not want any more developments in this area until the intersection is improved. The Mamalahoa Highway is a state highway, yet Mr. Hayashida stated that the County must incur all the improvement costs. A representative of the Fire Department was present at today's meeting and discussed with Your Committee the concerns about the subdivision's topography, the maneuverability of the tire truck with its water load, and the availability of ample water pressure in the area to support the installation of tire hydrants. The topographical slope of the Land according to the Planning background information is 17%. A communication from the Police Department "requests that rezoning applications in this area be reviewed collectively in order to carefully consider the impact rezoning may have on the Mamalahoa Highway/Kaloko Drive intersection." Your Committee understands that no second dwelling is permitted on agriculturally zoned parcels, but would like to know if the limitation to one dwelling via the "no ohana" provision will preclude any further CPR activity on those properties. Your Committee also understands that we will be able to keep the density down and preserve the forest area for the watershed by restricting the construction of a second dwelling. 1 f the restrictions are not placed, the entire 20 acre parcel can be bulldozed and by CPR, a parcel could have anywhere from 4-5 homes on it. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request. For informational purposes only, on the final vote, Committee Member Aaron Chung voted "kanalua" twice. Your Committee on Planning is in accord with the intent and purpose of Bill No. 270, Draft 2 and recommends it pass first reading. ~ / j . Respectfully submitted - COMMITTEE ON.~LANNI~Nf BO BY JEAN LEITHEAD-TODD, CHAR PC REPORT NO. 134 ADOPI'E'.D: ~ 6 ~:91'i,