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HomeMy WebLinkAboutREP PC 077 09/02/1997 1996-1998 REPORT OF THE COMMITTEE ON PLANNING DATE: September 2, 1997 Re: C-452/Bill No. 129 PLACE: Councilroom TIME: 1:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 129, transmitted by Mayor Stephen K. Yamashiro per Communication No. 452 dated August 19, 1997, regazding the change of zone request by Seamont Enterprises, LLC, dba Ka'awaloa Orchards at Ka'awaloa, South Kona, Hawaii, TMK: 8-1-9:18, 19, 21 and Portions of 20, 22, 23 & 24, reports as follows: Bill No. 129 amends Section 25-8-4 (South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 22.511 acres of land from an Agricultural (A-Sa) to an Agricultural Project District (APD). The subject property is located along the south side of Ka'awaloa Road approximately 800 feet makai (west) of the Ka'awaloa Road/Napo'opo'o Road intersection where the applicant proposes to convert an existing tropical fruit orchard operation into a 7-lot planned agricultural community. A protective covenant for each proposed lot would prohibit further subdivision of the lots for a period of 40 years. Other restrictions require 85% of the total land azea to be retained in its existing orchard use of lychee, rambutan, and avocado or similaz uses with the allowance of only one farm dwelling on each lot limited to 15% of the total land azea of the lot. Accessory uses and facilities such as shade houses, agricultural storage shed and other uses necessary to facilitate or process the primary agricultural products will be permitted and public retail sales of agricultural products shall be prohibited. Access to the APD site will be via a private 50-foot wide access easement which will extend approximately 1,000 feet from Napo'opo'o Road, a County road with a 50-foot right-of--way with approximately 18 feet of pavement. The existing access is a 16-foot pavement within a 20-foot wide graded right-of--way, and a 15-foot wide ungraded road reserve on each side of the roadway. Soils within the subject property, which is rectangular in shape, have been classified as "C" or Fair for agricultural productivity by the Land Study Bureau's Detail Land Classification System and the Agricultural Lands of Importance to the State of Hawaii (ALISH) system classifies the soils within the subject property as "Other Important Agricultural Lands." Water for the proposed APD is presently serviced with water from the County's existing 8-inch waterline along the Napo'opo'o Road. Six existing 5!8 inch water meters located along Napo'opo'o Road provide water to the subject property and private water lines extend from these PC REPORT NO. ~ ~ PC- ~ ~ Page 2 September 2, 1997 Wastewater generated by the proposed development will be disposed of utilizing an individual septic system for each lot meeting with the requirements of the Department of Health. A botanical inventory conducted on the subject property identified a variety of fruit trees, wind- break trees, grasses, sedges and broad-leaf weeds. None of the plants which were inventoried are listed as threatened and endangered species. The subject property is situated within the Kealakekua Bay Historic District and the Kona Field System. An azchaeological inventory survey and data recovery was conducted in 1990 in the vicinity of the subject property and included the subject property, by William Barrera, Jr. of Chiniago Inc. Several azchaeological surveys were subsequently conducted in the area by James Head and the State Department of Land and Natural Resources, Historic Preservation Division in 1994. Two sites were indicated for preservation which are located outside and makai of the subject property. Lands situated mauka of the subject property are zoned A-2a, lands makai and to the north of the subject property are zoned A-Sa, and to the south and Ka'u side of the subject property aze lands zoned RA-2a. Land uses include a mix of residential and agricultural uses with the cultivation and production of coffee and macadamia nuts, with some vegetables, flowers and tropical fruit production. Your Committee concurs with the following reasons by the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request: (1) The requested zone change conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) map which designates the area as Orchazds. (2) The zone change conforms to the goals, policies and standards of the General Plan. (3) All essential utilities and services aze or will be made available to support the proposed development. PC REPORT NO. ~ ~ PC- ~ ~ Page 3 September 2, 1997 Your Committee amended Condition D of Bill No. 129 by adding language requiring that the APD shall not exceed seven lots and Condition H clarifying the intent and purpose of APD district by the following: 1. Requiring that the subject property be subdivided into no more than seven (7) lots; 2. Clarifying that 85% of the total land azeas within each proposed lot be retained in its existing orchazd use or other agricultural uses such as crop production, floriculture, nurseries and similaz uses dealing with the growing of plants; and 3. Clarifying that prior to any new proposed agricultural use other than the existing or permitted uses identified in H(2), the new proposed use will be considered as an amendment to the APD and processed for Council approval. Recognizing that the Agricultural Project District (APD) is similar to the concept of a Planned Unit Development (PUD), the APD allows flexibility in lot sizes and improvements to infrastructure with the intent that agriculture will be preserved. It also grants the Council the authority rather than the administration to set any limits or conditions. Each application would be considered on a case by case basis. Many of the restrictions for the APD which were proposed by the applicant, is intended to allow the diversification of ownership and stewazdship of the land which will result in the substantial preservation of the existing orchazd and opportunities for residential use. Your Committee on Planning is in accord with the intent and purpose of Bill No. 129, Draft 2, and recommends that it pass first reading. CES AYES NOES A&E EX Respectfully submitted LEITHEAD-TODD X COMMITTEE t~1 P~~INING TYLER X % CHUNG X ~~e%>~-/fC~LClll~ .G(J REYNOLDS X ~O~ JEAN LEITHEAD-TOD ,CHAIR SAN'rANGELG SMITH X PC REPORT NO. ~ ~ vacoNG X ADOPTED: ARAKAKI E.O.M.