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HomeMy WebLinkAboutREP PC 073 08/05/1997 1996-1998 a~, REPORT OF THE COMMITTEE ON PLANNING DATE: August 5, 1997 Re: C-375Bi11 No. 107 PLACE: Councilroom TIME: 2:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 107, transmitted by Mayor Stephen K. Yamashiro per Communication No. 375 dated June 25, 1997, regazding the change of zone request by Geoffrey and Janet Newlon at Kaloko, North Kona, Hawaii, TMK: 7-3-26:4, reports as follows: Bill No. 107 amends Section 25-8-2 (North & South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 20.126 acres of land from an Agricultural (A-20a) to an Agricultural (A-7a) zoned district. The subject property is located in the Kaloko Mauka Subdivision at the 3,200 foot elevation along the east side of Hao Street where the applicants intend to subdivide the property into two lots in sizes of 7 and 13 acres. The applicants are currently building a home on a portion of the subject property and will sell the other portion to another couple who will build a home for themselves. Originally, the applicants intended to subdivide the subject property into 6 acres and 14 acres lot sizes and had requested a change of zone for A-Sa introduced as Bill No. 50. The Planning Commission submitted an unfavorable recommendation for the A-Sa change of zone request because of Council's Resolution No. 330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision would be reclassified to any zoned district having a minimum lot size less than twenty acres in order to protect the watershed and forest areas. At the Planning Committee's March 6, 1997 meeting, Your Committee referred Bill No. 50 back to the Planning Commission to consider the applicants' amended request of A-7a zoning. Bill No. 107 is to replace Bill No. 50. On June 2, 1997 Council Resolution No. 58-97 was adopted. This resolution amended Council's policy stated in Resolution No. 330-96 by allowing a maximum density of two dwellings per twenty acres of lands within the Kaloko Mauka Subdivision for parcels above the 3,000-foot elevation. The resolution recommends that A-l0a for such parcels include certain conditions recited in the resolution. These conditions aze also included in Bill No. 107. PC REPORT NO. 7 3 PC- 7 3 Page 2 August 5, 1997 Access to the subject property is off of Hao Street via Kaloko Drive, a County roadway and which is the subdivision's primary roadway with an 80-foot right-of--way with 20-foot wide pavement and 8-foot wide grass shoulders. Hao Street is also a County roadway which has a 60-foot right-of--way with a 20-foot wide pavement and 8-foot wide grass shoulders. Soils within the subject property, which is rectangulaz in shape, have been classified as "E" or Very Poor 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 "Unique Agricultural Lands." With past zonings within the Kaloko Mauka Subdivision, the Department of Transportation and Department of Public Works have expressed the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. Similar change of zone may occur throughout the Kaloko Subdivision creating additional homesites and traffic burdens to the intersection. Water for the proposed subdivision will be provided by an existing 4-inch waterline along Hao Street. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting with the requirements of the Department of Health. The subject property is heavily vegetated and is forested with ohia, tree fern, other native trees and shrubs, and non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (I'o), Chinese peasants, and other forest birds. Though the azea above the 3,200 feet in Kaloko has been considered an important habitat for the Alala, recent discussions with John Giffin of DLNR indicate that there have been no sightings in Kaloko during this decade. An archaeological investigation of the Kaloko ahuapua'a, conducted by Huehue Ranch (the developer of the Kaloko Mauka Subdivision), found remains of an agricultural field system extending up to the 3,500 foot elevation. According to the application, archaeological sites may be located within the subject property. 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 for Extensive Agricultural uses. (2) The zone change conforms to the goals, policies and standards of the General Plan. PC REPORT NO. 7 3 PC- 7 3 Page 3 August 5, 1997 (3) The zone ch~mge is consistent with the recommendations of the Kona Regional Plan. (4) All essential utilities and services are or will be made available to support the proposed development. Your Committee amended Bill No. 107 by including the following conditions and language used consistently in similar zoning bills: 1. Adding the standard water commitment condition. 2. Amending new Condition E relating to restrictive covenants of all the proposed lots specifying and upholding easements and setbacks to reflect standard language. 3. Adding the standard fair share condition. 4. New Condition D is amended to prohibit the subdivision of the subject property of more than two lots. This amendment is intended to keep the density to two dwellings per twenty acres of land within the Kaloko Mauka Subdivision above the 3,000-foot elevation as stated in Resolution No. 58-97. 5. Condition G (a standard condition for subdivisions below the 3,000-foot elevation) is deleted because new Condition G which is a standazd condition required for elevations above the 3,000-foot elevation relating to a Forest Management flan to be included in restrictive covenants. Your Committee discussed a floor amendment relating to a time-frame for the Forest Management Plan for the subject property. The amendment was withdrawn because the new Condition G(3) addressed those concerns. Your Committee on Planning is in accord with the intent and purpose of Bill No. 107, Draft 2, and recommends that it pass first reading. AYES NOES A&E EX Respectfully submitted LErniEAn-TOn~ X COMMITTEPXSI~YPLA G TYLER ~ ~ ~y L_~ CHUNG /-C- ~ ~ C'~~1~ eEVNOLOS X ' B 3EA~IV L~ITbH~EAD-TODD, CHAIR SANTANGELO sMiTH X PC REPORT NO. 7'~ vncoNC X ADOPTF,D: AUK ° n ~gq7 ARAKAKI E.O.M.