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Home My WebLink AboutREP PC 133 07/14/1998 1996-1998 --ter REPORT OF THE COMMITTEE ON PLANNING DATE: July l4, 1998 Re: C-9097Bi11No.269 PLACE: Councilroom TIME: 1:38 p.m. Chair and Membc7s Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 269, transmitted by Mayor Stephen K. Yamashiro per Communication No. 909, dated June 29, 1998, regarding the change of zone request by Star Markets, Ltd., at Kaloko, North Kona, Hawaii, TMK: 7-3-26:5, reports as follows: Bill No. 269 amends Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by ch<rnging the district classification for approximately 20301 acres of land from an Agricultural (A-20a) to an Agricultural (A-l0a) zoned district. The rectangular shaped property, owned in fee by the applicant, is located in the Kaloko Mauka Subdivision on the north side of Hao Street at approximately the 3,080 foot elevation. On June 19, 1996, the County Council passed Resolution No. 330-96, which established a policy relating to the amendment of zone district boundar7es within Kaloko Mauka and other Kona Watershed and Mauka Forest Areas. The resolution states that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres, except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the regiods watershed and forest systems. The applicant would like to subdivide the property into two 10-acre parcels to increase the potential of the property. This subdivision is in compliance with Resolution No. 58-97, approved by the County Council on June 2, 1997, which set the maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000 foot elevation, with certain conditions, to protect the watershed and native forest and maintain a low density pattern. Primary access to the subject area from the Mamalahoa Highway is provided by the subdivision's primary roadway Kaloko Drive, a County roadway having a pavement of approximately 22-feet with 8-foot wide grassed shoulders within an 80-foot wide right-of-way. Access to the subject property is off Hao Street via Kaloko Drive. PC-133 Paget July 14, 1998 Lands located within the upper regions of Kaloko Mauka Subdivision are predominantly zoned A-20a. Recent zoning classifications have been approved for 5-acre parcels at the 2,900 foot elevation and the 10-acre parcels at the 3,000 foot elevation. "The subject property is adjacent to 7-acre and 10-acre lots zoned A-7a and bounded by 20-acre zoned lands. However, an increasing number of parcels, which are not being rezoned, are developing condominium regimes. The 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, rnnoffis very slow and the erosion hazard is slight. This soil is used for woodland and pasture. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) System, soils within the subject property are classified as "Unique Agricultural Land", lands that have the special combination of soil 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 13 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 Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding Alala. The subject parcel is heavily vegetated with ohia, tree fern, a variety of shrubs and non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (1'0), Chinese pheasant and other forest birds. Water for the proposed subdivision development will be 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. All other essential utilities and services are or will be made available to support the proposed development. 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 construction or land alteration activity will commence until the appropriate clearances are secured from the affected State and County agencies. PC-133 Page 3 July 14, 1998 In addressing potential adverse visual impacts the clearing of the subject property for individual homesites and agricultural uses may have on the existing upland forest character within the subject area, the applicants have proposed a 100-foot wide "forest reserve easement" for buffer purposes along the existing road; a 100-foot structural setback along the existing roads in lieu of the required 30-foot setback; a 30-foot "forest reserve easement" along all lines not covered by the 100-foot easement; and a provision that no-less-than eighty percent (80%) of the entire lot area be retained in forest to preserve the watershed. The property is located in Zone "X", which is outside the 500-year flood plain. Bill No. 269, 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, tire, police and sewage when fair share contributions are not usually collected on this type of zoning. Your Committee had concerns about the traffic on Mamalahoa Highway 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. T'he 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 fire truck with its water load, and the availability of ample water pressure in the area to support the installation of fire 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. [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 wncurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of Bone request. For informational purposes only, on the final vote, Committee Member Aaron Chung voted "kanalua" twice. PG 133 Page 4 July 14, 1998 Your Committee on Planning is in accord with the intent and purpose of Bill No. 269, Draft 2 and recommends it pass first reading. bh AYES NOES ABcE EX Respectfully submitted LEITHEAD-TODD X COMMITTEE ON 1?I,.ANNIh1G 'TYLER - j~ _ _ `Zip- ' L ~G(C REYNOLDS x BOBBY JEAN LEITHEAD-TODD, CHAR SANTANGELO SMITH x PC REPORT NO. 133 YAGONG x ARAKAKI E.O.M. X ADOPTED:- ~ "jJ