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HomeMy WebLinkAboutREP PC 003 12/16/2008 2008-2010REPORT OF'I7fE COMMITTEE ON PLAhTIING DATE: December 16, 2008 Re: Comm. 4/Bill No. 2 PLACE: Sheraton Keauhou Bay Resort and Spa (2006-2008 ) 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIME: 4:15 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 2, reports as follows: Bill No. 2, transmitted via Communication No. 4 from Mayor Hany Kim, dated November 13, 2006, presents a Change of Zone Request by Winton Nicholson, at Kaloko, North Kona, Hawaii, TMK: 7-3-27:14. Bill No. 2 seeks to amend Section 25-8-2 (North and South Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the District Classification from Agricultural - 20 Acre (A-20a) to Agricultural - 10 Acre (A-l0a) at Kaloko, North Kona, Hawaii, covered by TMK 7-3-27:]4. Communication No. 4 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on October 27, 2006. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the change of zone. Communication No. 4 transmits the following findings and recommendations: The subject property is located on the southwest side of Kaloko Drive in the Kaloko Mauka Subdivision at the 4,200-foot elevation. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to the 3,500 foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the properly along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. 2. Applicant is requesting a change of zone for approximately 21.088 acres of land from Agricultural - 20 Acre (A-20a) to Agricultural - 10 Acre (A-l0a) to subdivide the property into two pazcels for residential/agricultural use. Applicant intends to construct a dwelling on each of the newly created lots. Each dwelling is estimated to cost approximately $450,000. 3. Access to the subject property is proposed from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately 3.5 miles below the property. 4. According to the applicant, water can be made available to the site from a 6-inch waterline on Kaloko Drive. 5. Utilities are available to the site from poles along Kaloko Drive. The area is served by police and fire stations in Kailua-Kona and Kealakehe, approximately five miles southwest of the site. PC Report No. 3 Communication 4 Bill 2 Page 2 of 3 Kealakehe Elementary, Intermediate and High Schools are located approximately 4.5 miles south of the property. 6. The Planning Director recommended favorably on this request based on the following: • The proposed change of zone request will conform with the goals, policies and standards of the General Plan Economic and Land Use Elements. • The Land Use Pattern Allocation Guide (LUPAG) Map designates this area as Important Agricultural Land and Extensive Agriculture. • The State Land Use designation for the property is Agricultural and the proposed change of zone would complement the existing uses already in the area. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is not located in the Special Management area. The site is located approximately eight (8) miles mauka of the shoreline and will not be impacted by coastal hazard and beach erosion. • There are no valued cultural, historical or natural resources that exist on the property and no evidence of any traditional and customary native Hawaiian rights being practiced on the site. [t is not anticipated the proposed request will have any adverse impact on cultural or historical resources in the area. This matter was postponed at the request of the applicant until the adoption of the Kona Community Development Plan by ordinance or until December 1, 2008. The North and South Kona Community Development Plan was subsequently adopted by ordinance and this matter was placed on the December 16, 2008 Committee on Planning agenda. At the December 16, 2008 Planning Committee meeting, Committee Chair Donald Ikeda circulated a copy of Hawaii County Council Resolution 58-97 to provide your Committee members with background relating to the conditions for the re-zoning. There was no public testimony. Greg Mooers appeared before the Committee, representing the applicant. For the benefit of the new Council Members, Mr. Mooers shared some of the history related to the Kaloko Mauka Subdivision. The subdivision was built over 20 years ago. A series of rezonings have taken place over the years. Many lots were stripped of the trees, clear cut and not re-forested. Resolutions 58-97 and 330-96 were introduced to address this problem. Certain rezoning applications were allowed, as long as the stated conditions were met. Eighty percent of forested lands must remain in order to preserve the watershed. Council Member Pete Hoffmann referred to a third resolution wherein he stated that the resolution disallowed further development until certain traffic issues were resolved. Council Member Hoffmann did not share any copies of this resolution. Mr. Mooers reminded your Committee members that the applicant has no control over the Department of Public Works. All clients have paid their fair share monies, but the department has not followed through on promised projects. The applicants should not be faulted for that which they cannot control. PC Report No. 3 Communication 4 Bill 2 Page 3 of 3 Council Member Ford questioned members of the Planning Department about Forest Management Plans. Mr. Norman Hayashi stated that each applicant has to submit a plan in accordance with the specific property. The plans aze reviewed by the Planning Department and DLNR. Once adopted, the Planning Department monitors the applicants. Council Member Kelly Greenwell agreed that the Department of Public Works needs to proceed with the necessary improvements. Council member Greenwell suggested that Corporation Counsel should be consulted on this matter, to see if the Council member have any authority to move projects along. Your Committee concurs with the Planning Commission and the Planning Director's'favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 2 and recommends it pass first reading, amm AYES NOES A&E EX ENRIQUES X FORD X GREENWELL X HOFFMANN X IKEDA X NAEOLE X ONISHI X YAGONG X YOSHIMOTO X Respectfully submitted, COMMITTEE ON PLANNING ~~~~~~_~ DONALD IKEDA, CHAIR PC REPORT NO. 3 ADOPTED: .IQN .~ 1 ?OIIQ