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Home My WebLink AboutREP PC 004 12/16/2008 2008-2010REPORT OF THE COMMITTEE ON PLANNING DATE: December 16, 2008 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIME: 4:15 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. 89/Bill No. 28 (2006-2008) Your Committee on Planning, to which was referred Bill No. 28, reports as follows: Bill No. 28, transmitted via Communication No. 89 from Mayor Harry Kim, dated January 8, 2007, presents a Change of Zone Request by Scott Olin, at Kaloko, North Kona, Hawaii, TMK: 7-3-26:17. Bill No. 28 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. Communication No. 89 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 December 6, 2006. The Commission concurred with the Planning Director's reasons for recommending favorable consideration of the change of zone. Communication No. 89 transmits the following findings and recommendations: 1. The subject property is located on the west side of Haleamau Street in the Kaloko Mauka Subdivision at the 3,600-foot elevation. There is an approximately 24-year old single-family dwelling on the property and the remainder of the property is heavily forested with slopes of approximately 6-20%. 2. Applicant is requesting a change of zone for approximately 20.913 acres of land from Agricultural - 20 Acre (A-20a) to Agricultural - 10 Acre (A-l0a) to subdivide the property into two parcels for residentiaUagricultural use. Applicant intends to construct a dwelling on one of the newly created lots and the dwelling is estimated to cost approximately $400,000. 3. Access to the subject property is proposed From Haleamau Street, 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 five (5) miles below the property. 4. Water can be made available from an existing 4-inch waterline within Haleamau Street fronting the property. 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. Kealakehe Elementary, Intermediate and High Schools are located approximately five (5) miles south of the property. PC Report No. 4 Communication 89 Bi1128 Page 2 of 3 6. The Planning Director recommended favorably on this request based on the following: • The proposed change of zone request will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. • The Land Use Pattern Allocation Guide (LUPAG) Map designates this azea as Important Agricultural Land. • The State Land Use designation for the property is Agricultural and the proposed change of zone would complement the existing uses 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 nine (9) 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. It is not anticipated the proposed request will have any adverse impact on cultural or historical resources in the azea. At the February 6, 2007 Planning Committee meeting, the Chair noted a written request by Mr. Greg Mooers, applicant's Consultant, to defer this matter until the North and South Kona Community Development Plan is adopted by ordinance, or until September 1, 2007, whichever shall occur first. This matter was further postponed at the request of the applicant until the adoption of the Kona CDP 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, there was no public testimony. There was very little discussion by your Committee members, as most of their concerns were addressed in the prior discussion regarding Bill 2. When questioned by Council Member Brenda Ford, Acting Planning Director Arai indicated that if more than 20 percent of the forested lands were removed, there were no fines, per se, but the Council has the authority to return the zoning to its original zoning. Council Member Ford asked Mr. Arai to check with Corporation Counsel to see what can be done about fining those who violate the terms and conditions of the rezoning applications. Mr. Greg Mooers informed your Committee that in the past, if landowners were caught violating the terms and conditions of their application, they were forced to re-forest their lands. Mr. Mooers added that the Planning Deparirnent has been very vigilant in monitoring the activities in the subdivision. Council Member Ford stated that she planned to bring Corporation Counsel to the next meeting to answer her concerns. , Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. PC Report No. 4 Communication 89 Bill 28 Page 3 of 3 Your Committee on Planning is in accord with the purpose and intent of Bill No. 28 and recommends it pass first reading. awm 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. 4 ADOPTED: ~~N (I ) ~(I(IQ