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Home My WebLink AboutREP PC 005 03/16/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: March 16, 1999 Re: C-43/Bill No. 10 PLACE: Councilroom TIME: 3:34 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 10, transmitted by Mayor Stephen K. Yamashiro per Communication No. 43, dated December 14, 1998, regazding the change of zone request by Jack Ramos Ranch, Inc., at Papaaloa, North Hilo, Hawaii, TMK: 3-5-3: Portion of 27 and 75 and 3-5-4: Portion of 8, reports as follows: Although transmitted by the Mayor in December 1998, Bill No. 10 was not agendized until March 5, 1999, when it was defened until today. Your Committee decided to defer all zoning requests until the fate of the infamous Bill No. 250 and all of its drafts, otherwise known as the Zoning Code, was known. Bill No. 250, Drafts 4 and 9 (ramseyered) will be heard by the Hawaii County Council on its first reading on March 17, 1999, and on its second and final reading on April 6, 1999. Bill No. 10, Draft 3, will advance to the Council for its first reading on April 6, 1999. Bill No. 10 amends Ordinance No. 166 and Section 25-8-19 (North Hilo District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code. Ordinance No. 166 changed the district classification from Agricultural (A-20a) to Single Family Residential (RS-10) for approximately 132.725 acres of land. The amendments change the district classification from Single Family Residential (RS-] 0) to Agricultural (A-IOa) for approximately 71.886 acres of land; and Single Family Residential (RS-10) to Agricultural (A-20a) for approximately 1.087 acres of land; and deletes the incremental zoning language in Condition A and replaces it with the standard language; deletes language referring to subdivision plans for Increment I in Condition B and inserts Final Subdivision Approval shall be secured within five yeazs; and deletes the language regarding park area requirements in Condition G and replaces it with the standard Unified Impact-Fees Ordinance language. The applicant's amendments to Conditions A, D and G recognizes Increment 2 consisting of 28.021 acres as RS-10 and downzones the balance of the property consisting of 71.886 acres from RS-] 0 to A-10a. The applicant is also requesting that the RS-10 zoned 1.087 acre parcel abutting Papaaloa Avenue be changed to A-20a to be consistent with the adjacent A-20a pazcel. The Department of Water Supply owns a 12,749 square foot water tank site within a portion of TMK: 3-5-3:27, and has no objections to the downzoning of their property to A-I Oa. PC-5 PC-5 Page 2 March 16, 1999 As part of the 1974 five-yeaz boundary review, the State Land Use Commission approved Theo Davies' request for a state land use boundary amendment from Agricultural to Urban on April 23, 1975. On October 31, 1975, the County Council approved Laupahoehoe Sugar Company's request to reclassify approximately 132.725 acres of land from an A-20a to a RS-10 zoned district for a residential subdivision for sugar employees and the private mazket. Laupahoehoe Sugar Company proposed to subdivide the property into 4001ots ranging in size from 7,500 to 10,000 square feet, and provide a 3-acre park site to be turned over to the County of Hawaii. The applicant purchased the subject property in 1997 at auction. Upon examination, it was discovered that after the completion of Increment I, Laupahoehoe Sugar Company had not complied with all of the conditions in the ordinance. The ordinance is a "conditional zoning" whereby the zoning for subsequent phases of a project are contingent upon the completion of conditions for the previous phases(s). The applicant, after several meetings with department staff, the Planning Director and Chair of the Planning Committee, determined that an amendment to the present zoning ordinance would be the appropriate method to clarify the zoning conditions and methods of complying with the conditions. Given the economic and social conditions for the area have changed with the demise of the commercial sugar operations, the need for small residential lots in this area has decreased while the need for small individually owned agricultural lots has increased. The applicant believes the 28.021 acres of RS-10 zoned property (Increment 2) is adequate to address the housing needs in the Papaaloa azea and the seven newly created 10- acre parcels will help address the need for individually owned agricultural lots in Hamakua. The applicant intends to sell the residential land to developers in three 8 to 10 acre parcels for future development. The seven ] 0-acre agricultural zoned parcels will be created for immediate sale to those residents presently seeking agricultural parcels in Hamakua. Access to the subject property is from Hawaii Belt Highway via the privately owned Papaaloa Avenue and Papaaloa Road. Papaaloa Avenue continues as an easement through the property to the mauka boundary. The County has been maintaining this easement to the properties mauka of the subject parcel. Property owners who reside mauka of the subject properties have been using this easement as access to their properties since the County access road to their property was destroyed by a landslide, and the County has not repaired the road due to the enormous repair cost factor. The applicant is willing to dedicate the easement to the County, but is not in favor of improving the easement. The USDA reports the soil type as Ookala silty clay loam, which has a dark reddish-brown silty clay surface layer, and adark-brown to dark yellowish-brown silty clay subsoil. This soil dehydrates into fine sand-size aggregates, and is used to grow sugazcane. PC-5 PC-5 Page 3 March 16, 1999 The Land Study Bureau Soil Rating is "C" or "Fair". The ALISH classification is "Prime Agricultural Land." The subject parcel is located in the FIRM Zone "X", which is determined to be outside the 500- year flood plain. Since the subject parcel was used extensively for sugar cane cultivation for many years and more recently for cattle grazing, it would appear to not have any significant historical sites nor would it be a critical habitat for any rare or endangered animal bird life. Bill No. 10, Draft 2, which includes some housekeeping changes to re-format the original language of Ordinance No. 166 to our current format was approved by Your Committee. Further discussion resulted in the deletion of the first sentence in Condition D. Since the zoning change from residential to agricultural decreases the originally proposed number of homes to be constructed, the traffic at the intersection will not be impacted so heavily, thus eliminating the need for the channelized intersection; although the State Department of Transportation recommends that intersection improvements be retained. Also Your Committee learned that Condition E should have stated Papaaloa Road instead of Kihalani Camp Road, and if the connection of the existing road to the Hawaii Belt Highway was eliminated, the homes along the road would not have any access to the highway, so Condition E was deleted. All other remaining conditions will be renumbered. Your Committee also approves the deletion of the second sentence in Condition I because the hydrologic/drainage study was completed. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 10, Draft 2, as amended to Draft 3, and recommends it pass first reading. AYES NOES A & E EX LEITHEAD-TODD X Respectfully submitted, TYLER X CHUNO x COMMITTEE ON P ELARIONOFF X JACOBSON X PlslccHlo x ~ B Y JEAN LEITHEAD-TODD, CHAIR SMITH X vncoNC x PC REPORT NO. 5 ARAKAKI E.O.M. X APR 0 6 1999 ADOPTED: