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HomeMy WebLinkAboutREP PC 132 07/14/1998 1996-1998 - REPORT OF THE COMMITTEE ON PLANNING DATE: Julyl4, 1998 Re: C-875Bi11 No. 257 PLACE: Councilroom TIME: 138 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 257, transmitted by Mayor Stephen K. Yamashiro per Communication No. 875, dated May 29, 1998, regarding the change of zone Ordinance No. 90-008 request by Elwin F. Hussey at Kahua I st, North Kohala, Hawaii, TMK: 5-9-07:7, reports as follows: Bill No. 257 amends Ordinance No. 90-008, which reclassitied 28.832 acres of land from Agricultural (A-20a) to Agricultural (A-3a), by amending Condition B to include a time extension of three years to secure Final Subdivision Approval. The effecaive date of the Change of Zone Ordinance No. 90-008 for the subject property was February l3, 1990. On May 13, 1991, the Planning Director granted aone-year time extension for Condition B until February 13, 1992. The Planning Director acknowledged receipt of the subdivision plans in November 1991. and the final Plat maps were submitted in February 1997. However, the Final Subdivision Approval was not secured by February L0, 1997, hence the request for the three year time extension. Bill No. 257 surfaced at the June I5, 1998 Planning Committee meeting, at which time Susan Wells Fischer, the agent for Elwin Hussey and a part owner of the subject parcel, who lives across the street from the proposed project, explained that the plans for the subject parcel are to develop the lots and perhaps sell seven of the eight lots. Although they currently have no plans to build any homes, Mrs. Fischer and her husband have considered moving across the street to avoid the existing two condominiums in front of her property. Mrs. Fischer explained that she had asked the applicant if they wanted the CPR, but they indicated that they were not interested. Your Committee then stated that it would review the possibility of inserting a condition in Bill No. 257, which restricts CPRs from this subdivision. Your Committee then concurred with the decision of the Planning Commission and recommended that Bill No. 257 pass First Reading. At the June 15, 1998 Planning Committee meeting, to indicate that the applicant intends to complete the proposed eight-lot subdivision consisting of 3-acre parcels, the applicant's agent stated that they received a new grading permit and the surveyors have completed the staking. Plans for dust control and compaction are also being made. PC-132 Page 2 July 14, 1998 Bill No. 257 was agendized on the July I , 1998 Council meeting. No other drafts were prepared to include any restrictions to CPR because CPRs are controlled by the State and counties do not have any jurisdiction over it. Discussion ensued about using the "no ohana" language to restrict the CPR development, but no action was taken. In an aside conversation with Mrs. Fischer, some of your Committee members learned that she was not fully in favor of restricting the CPR developments and still wanted the option to do a CPR development on her property. She also expressed that she wanted to do a presentation for the Council members, so Bill No. 257 was referred back to the Planning Committee. Bill No. 257 was then agendized for today's meeting and discussion about restricting the CPRs continued. Mrs. Fischer then handed out maps of the subdivision so Committee members could see the plans better. Although Bill No. 257 is only seeking a time extension, Mrs. Fischer provided an update of the project. She explained that they now have two water systems, the Kohala Ranch Water Company and a well which her husband drilled. There was no explanation as to the exact location of the well and the amount of water that it produces. She also explained that they have planned an underground electric system for two dwellings on each lot. Your Committee mentioned that the County has no plans to develop a water system in the area, and wondered about the water conswnption if two dwellings are placed on the individual parcels. There was also a concern about whether the water system would be able to support any type of agriculture since the area is quite grid and unsuitable for agricultural use. There have also been some problems in this area because residents think it is a residential area due to the homc;owner class tax exemption, when it is actually zoned agricultural. Discussion ensued and Your Committee agreed that the following standard language for two conditions should be included in Bill No. 257: I . "The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District." 2. "Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval." PC-132 Page 3 July 14, 1998 Your Committee on Planning is in accord with the intent and purpose of Bill No. 257, as amended to Bill No. 257, Drafr 2, and recommends it pass first reading. . / I-~ . Respectfully submitted COMMITTEE ON $LANNII>FG BOBBY Jf!AN LEITHEAD-TODD, CHAR PC REPORT NO. 132 ADOPTED: AUG U 1998