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Home My WebLink AboutREP PC 006 02/18/2009 2008-2010REPORT OF Ti~IE COMIVII'l"fEE ON PLAN~INC~ DATE: February 18, 2009 PLACE: Sheraton Keauhou Ba~~ Resort & Spa 78-128 Ehukai Street Kailua-Kona, Hawaii T7NlE: 3:14 p.m. Council Chair and Members hiawai`i County Coancil Hilo. Hawaii 96720 lie: Comm. 97/Bill Yo. 21 Your Cemmittce on Planning, to which was referred Bill IJo 21, reports as follows: Bill No. 21, transmitted via Communication No. 97 from Mayer Wi'!iam P. Kenoi, dated December 23, 2008, presents a Change of Lone Request by Melody Parong, at Keaau, Puna, F!awai'i, TM::: i-i-!6`.^8. BiII Nc. 31 seeks to amend Section 25-8-2~ (Kurtistown Zane 51ap), Article 8, Chapter 25 (7.onin~ C ode} of She Hawaii County Code 1983 (2005 Edition;, by changing the District Classification horn Single-Family Residential -20,000 square feet (R5-20j to Single-Family Residential - 15;G00 square ii et iR5-15) at Keaau, Puna, Hawaii, covered by i'MK l-'-016:028. Conununia;tion No. 9' reports that the Hawaii Coun[y Planning Commission, as regau'ed by Chapter 4, Sec. ti-4.3ir}, Hawai `i County Charter, considered the above request on December 5. 2008. i he Commission concurred with the Planning Directors reasons for recornmeading tavorablc con=it:ratkii~. of zhe change ofi zone. Communication No. 97 transmits d,e following fndings anu rcaommend.a~iixrt: I. The suLiect property is located in the O{aa I louse;ots Subdiv~`sion. Adjacent ,a~opeaies to the nurtl: acid south/southwest are coned kS-20, aed properties to east~southeast arc zoned ,4-. a. "1~hc- State Land Use designation for the subject property is Urban. 2- ,Applicant is regcesting a change of zone Po: approximately 35.8:10 square feet in ~ic~~ftom Single-Famii)' Residential - 20,000 square feetl2,i-20j to Single-Family Resider^iai -- 15,0(:0 square feet i RS-i ~!_ to allow the aibdivision of the property into Iwo lots, one lot ap;~~~rcn~ateiv 18,?7U square feet. in size (Lot 12-A), and the o?iier (Lot-12-B1 approximately I'.OS~i square [eel in size. 3. The property is co-owned by the applicant, i°:er husband, anC the applicant's parents. ,as wart oi~ estate planning; the applicant re.nests the rezoning to subdivide the p~,operty should there he any issues as to ownership after the parents' passing. The applicant oroposrs ro convert the two axisiinit dwellings on proposed Lot : 2-A into a single tatniiy dwelling nett b1` conne:ai~:g the twr. str~.ictcres and removing the kitche~t i. one of the two dwciliugs. +- Access to the suhiect property is from Voh ano KoaJ ;'iirhw;~y I I 1 to'CMi._ 1. '_, 69,. ar; appro~nnatel~~ .23 acre roadway Ict. I he applicant has pro•,id:d documciuatinn B; the 1;xm oCa gadclaim deed aliowmg ass of Parcel 50 Cot roadway :a.eccs:~. and utility purposes. 1'C' Kcport 5 Comm. 97 iage2cf3 County water is available to the site from an existing R-inch waterline within Highway 11, approximately ?.40 feet from the property. According to the t~epartment of Water Supply, the parcel is currently served by an existing 5/8-inch meter, which is limited to a maximum of 600 gallons per day and suitable for only one single-family dwelling. to order to obtain water for the additional lot, the applicant is required to pay a water commitment deposit. 6. Utilities are available to the site. The area is served by police and fire stations in Keaau. The Planning Director recommended favorably on this request based on the following: • "fhe 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 area as Low Uensity_ Urban. • The State Land Use designation for the property is Urban 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 tiro Special Management area. The site is located approximately six {6) 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 theproperty and no evidence of any traditional and customary native Hawaiian rights being practiced on th:site. It is not anticipated the proposed request will have any adverse impact on culnara6or historical resources in the area. The applicant, Melody Parong, appeared before the Committee. Council Member Pete Hoffmann asked Ms. Parong if she had any concerns regarding the Planning Commissions recommendations. tits, Parong stated that she was not happy with the requirement from the State of Hawaii Department of Transportation that the driveway access within the State highway right of way should he reconstructed to current standards. Acting Deputy Planning Director Bobby Jean Leithead-Todd was also present She stated that she had not reviewed 13i1I 21. At 329 p.m., Committee Chair Ikeda called afive-minute recess to allow Ms. Leithead-Todd time to review the bill. When the meeting reconvened at 334 p.m., Ms. Parong and Ms. Leithead-Todd discussed Condition "F" of the Conditions of Approval. Ms. Leithead-Todd informed the applicant and the Committee members that in her opinion, Condition "F" was a State of Hawaii issue, and that the Council has no control over the matter. That being said, Ms. Parong staled that there are other parties with an interest in the roadway parcel, and she felt it unfair that she be required to pay for improvements that would benefit the other property owners. Ms. Parong stated that she would try to negotiate with the State of Hawaii Department of Transportation. Mr. Hoffmann stated that on principle, because of"his position on Fair Share contributions, he would be voting against the rezoning application. PC Report 6 S.O~;nm. y', Paz 3 of Your Committ ~ concurs with the Planning Commission and (he Planning Direoior's favorable recommendation far approval of the Change of Zone requesi. Your Cornmittee on Planning is in accofd with the purpose and intent of Bill No. ~l and recommends i( pass first reading. awm ,avxs ~ uo~s I n&~; j ex ~ EN RIQUES T X ~ ~ i FOkD L _. - _ X __ '~ - ~ CRIiEFW F.LL ~ X i I ~~HOFFMANti ~ _ X ~~EDA I X _ I I ti.4 EOLE i I- X i I I, ONISHI X ~~ YAGOtiC ~ X ~~-~ Respectfully submitted, COMMITTEE ON PLANNING _ ___ DONALD IKECA, CHAIR PC REPORT NO. __6 ADOP rED: AUG 0 5 7(in9 _.