HomeMy WebLinkAboutREP PC 027 05/04/1999 1998-2000 Y
REPORT OF THE
COMMITTEE ON PLANNING
DATE: May 4, 1999 Re: C-248/Bill No. 67
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. 67, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 248, dated April 9, 1999, regarding the change of
zone amendment to Ordinance No. 94-78 request by Big Island Country Club and Estates, at
Pu`uanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41,
58, and 59, reports as follows:
Bill No. 67 amends Condition M (complete construction of proposed facilities) of Ordinance
No. 94-78, which reclassified approximately 425.69 acres of land from an Unplanned (U) to an
Agricultural (A-la) zoned district.
The subject property, owned in fee by the applicant, is located on the northwest side of
Mamalahoa Highway opposite the Puu Lani Ranch Subdivision.
Ordinance No. 94-78 was adopted on July 6, 1994; however, the effective date of rezoning for
the subject pazcels was July 3, 1996, with the compliance of Condition B regarding the
establishment of a water source. On July 3, 1996, a Revised Tentative Approval was issued for
the revised Subdivision application No. 90-189 fora 121 lot subdivision. The pending
subdivision does not exceed the 106 agricultural lots as limited by Condition C of Ordinance
No. 94-78. The additional 15 lots aze for the golf course and its related improvements,
archaeological, utility, road and other related infrastructural lots. Based on the effective date of
the rezoning, and in accordance with Condition C of Ordinance No. 94-78, Final Subdivision
Approval shall be secured by July 3, 2001.
On August 1, 1996, Variance No. 96-29 (Variance No. 753), which allowed the use of PVC High
Pressure Water Pipes in lieu of the required Ductile Iron Pipes as required by Chapter 23,
Article 6, Division 2, Section 23-84(1) ofthe Subdivision Code, was approved by the Planning
Director. On December 9, 1997, the Planning Director granted an administrative extension of
time until December 31, 1998, pursuant to the Community Benefit/Impact Fee Requirements
Agreement, to complete full construction of the proposed facilities as required by Special Permit
No. 863, Use Permit No. 74 and Condition M of Ordinance No. 94-78. A condition of this
agreement permitted the partial opening of the golf course on January 1, 1998. On November
23, 1998, the applicant submitted a revised park plan and requested to amend Condition 4 of Use
Permit No. 74, which would increase the park area from 4.4 acres to approximately 10 acres for a
passive and active recreational area.
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The General Plan LUPAG Map designates the area for "Intensive Agricultural" and "Extensive
Agricultural" uses. Land designated Intensive Agricultural have relatively fertile soils and are
basically used for sugar, orchard, diversified agriculture and floriculture. Extensive Agriculture
basically refers to pasturage and range lands. The State Land Use Classification is
"Agricultural". The County Zoning is Agriculture 1-acre. The subject property is not situated
within the Special Management Area boundary.
Access to the property is off Mamalahoa Highway, atwo-lane highway having a pavement width
of 24-feet within a 50-foot right-of--way.
Water is available to the property. Individual wastewater disposal system will meet with the
requirements of the Department of Health. Solid waste generated by the project will be disposed
of at the County landfill at Pu`uanahulu. All other essential utilities and services are or will be
made available to the property.
According to the Real Property Tax Office in their February 8, 1999 memo, there may be
possible rollback taxes "If parcels are subdivided into lots 5 acres or less"-"for those years that
agr. use was given up to a ten year period." The current real property taxes are paid through
December 31, 1998.
Committee Member Nancy Pisicchio stated she opposes this project because the lands designated
as agriculture aze being misused and this is having a detrimental impact. "...The applicant's
name can sum it up very appropriately, the `Big Island Country Club and Estates.' This is a
rezoning to the agriculture 1-a and it's not agriculture, it's a gentleman estate golf course
project...and has very negative connotations." She's opposed to the "implications for agriculture
land in the area of speculating the value up through the ceiling." Council Member Julie Jacobson
also agreed.
Committee Member Curtis Tyler questioned the proposed language inserted into
Condition M (1) which states that "The applicant shall be responsible for payment of the park's
real property taxes and liability insurance for atwo-year period after its conveyance to the
Pu`uanahulu Community Association" because he felt that the Association should be financially
stable by then and should be able to pay their own taxes, etc. The applicant's agent,
Sidney Fuke, explained that Pu`uanahulu Community Association is a newly formed, non-profit
association, so the applicant is paying for the real property taxes and liability insurance until the
Association can stand on its own feet, hopefully, within the two years.
Mr. Tyler also questioned the "Agreement", which was included with the background
information, between the Planning Director and Big Island Country Club and Estates. He was
curious as to how the Planning Director "has unilateral power to defer a condition or change a
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condition of an ordinance." In response, Alice Kawaha of the Planning Department, explained
that the standard language inserted as Condition V, permits the Planning Director to grant
extensions for performance of the conditions. Mr. Tyler then stated that "what happened here
was the Councils authority was overridden."
When Mr. Tyler asked about the status of the pedestrian walkways and bike lanes in
Condition N, Mr. Fuke replied the condition stipulated that the director consult Na Ala Hele and
the plans will be reflected in the final plat map which has not been submitted yet.
For informational purposes only, on the final vote, Committee Member Tyler voted "Kanalua"
twice.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration to the amendment of Ordinance No. 94-78.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 67, and
recommends it pass first reading.
AYES NOES A & E Ex Respectfully submitted,
LEITHEAD-TODD X
TYLER x COMMITTEE ON P IN
CHUNG X p
ELARIONOFF X d ~
JACOBSON X
FlslccHlo x Y JEAN LEITHEAD-TODD, CHAIR
sMtTH x PC REPORT NO. 27
YAGONG X
ARAKAKI E.O.M. X ADOPTED: IWY 2 5 1999