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HomeMy WebLinkAboutREP PC 024 05/04/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: May 4, 1999 Re: C-244Bi11 No. 64 PLACE: Councilroom TIME: 1:41 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 64, transmitted by Mayor Stephen K. Yamashiro per Communication No. 244, dated Apri19, 1999, regarding the change of zone request by Lewis C. Altenburg, at Hienaloli 6th, North Kona, Hawaii, TMK: 7-5-13:8, reports as follows: Bill No. 64 amends Section 25-8-3 or 25-87 (North Kona Zone Map), Article 8 or 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 5.193 acres of land from an Agricultural (A-Sa) to a Family Agricultural (FA-2a) or Agricultural (A-2a) zoned district. Because of the uncertainty of the status of the 1996 Zoning Code, both sections from the 1996 Zoning Code and the pre-1996 Zoning Code were inserted along with the district classifications from the pre-1996 Zoning Code and the 1996 Zoning Code. Since Bill No. 250, Draft 9, was ratified by the Council on April 6, 1999, and approved by the Mayor on April 19, 1999, the pre-1996 references will be deleted in Drafr 3. The rectangular shaped vacant subject property, owned in fee by the applicant, is located mauka of the Mamalahoa Highway and immediately north of and adjacent to the Hualalai Memorial Park. The applicant intends to subdivide the 5.193 acre parcel into two (2) lots, one consisting of 2+ acres, and the other, the balance. The applicant hopes to construct a dwelling and cultivate asmall-scale coffee farm on one of the lots and intends to sell the other to a person with similar interests. The State Land Use Classification is Agricultural. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the project site for Orchards. The County currently designates the property as Agricultural-Sa. The ALISH (Agriculture's Agricultural Lands of Importance to the State of Hawaii Map) designation is Unclassified. Surrounding lands consist of the Keopu Heights Subdivision, which is located approximately one mile to the north and zoned A-la and A-Sa; and the Hualalai Farm Lots, which is located adjacent to the north and east of the subject property and is zoned A-Sa. These subdivisions include single-family residential and agricultural uses and/or vacant lands. The Land Study Bureau's Detailed Land Classification System classifies the soils as "C" (Fair). The U.S. Soil Survey classification is Honaunau, an extremely rocky silty clay loam, which is used for pasture. The subject property is located within the Kona Coffee Belt. The subject property is located within Zone X, which is an area outside the 500-year flood plain. PC-24 t. PC-24 Page 2 May 4, 1999 No native fauna was observed on the site, and the site is not known to be a habitat for any rare or endangered animal life, although the Hawaiian Hawk and Hawaiian Owl may frequent the area. Since the site had been cleazed by bulldozers and the azea was used for cattle grazing, the site is not known to have any endangered plants or historic sites. However, a condition to require the notification of the Department of Land and Natural Resources-Historic Preservation Division, should any archaeological sites be encountered during the course of development, will be included. Access to the property is off of the North Kona Belt Road, which has aright-of--way width of 40 to 50 feet with an 18 to 20-foot agricultural standard pavement. Water is provided by an existing 8-inch waterline that fronts the subject property. There is no municipal sewer system in the area, and since the property is located within the Critical Wastewater Disposal Area, wastewater will have to be disposed of via a septic tank system. All other utilities are or will be made available to the subject property. Bill No. 64, Draft 2, which inserts as Condition B, the standazd language about compiying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use District, was circulated and approved by Your Committee. Your Committee also agreed that the State Land Use District should be Agricultural and not Rural. Committee Member Curtis Tyler suggested that the no ohana clause be inserted and should be standazd language in this type of zonings, but Ex-Officio Member James Arakaki felt that it was a dangerous precedence to set for this type of zoning. Alice Kawaha, of the Planning Department, explained that the newly inserted language in Condition B restricts the second dwelling as specified in Chapter 205 of the HRS. Further discussion ensued and it was explained that although the State Land Use regulations restrict the number of homes to be constructed on Agricultural lands, it does not restrict the number of farm dwellings that the property can have. The Hawaii County Code permits ohana dwellings on building sites within the Family Agricultural and Agricultural districts. Mr. Tyler also recommended that the wastewater condition be included, so the standard language for compliance to all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property will be included in Draft 3. 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. 64, Draft 2, as amended to Draft 3, and recommends it pass first reading. AYES NOES A & E EX Respectfully submitted, LEITHEAD-TODD X TYLER x COMMITTEE O A CHUNG X ELARIONOFF X JACOBSON x BO Y JEAN LEITHEAD-TODD, CHAIR PISICCHIO X sMITH x PC REPORT NO. 24 YAGONG X c p q (n~ ARAKAKI E.O.M. X ADOPTED: MAY 2 5 I I I I-I