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HomeMy WebLinkAboutREP PC 031 05/26/1999 1998-2000 x REPORT OF THE COMMITTEE ON PLANNING DATE: May 26, 1999 Re: C-281/Bill No. 80 PLACE: Councilroom TIME: 2:13 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 8Q, transmitted by Mayor Stephen K. Yamashiro per Communication No. 281, dated Apri126, 1999, regarding the change of zone request by Leigh R. Hilbert, at Halekamahina, Puna, Hawaii, TMK: 1-4-73:18, reports as follows: Bill No. 80 amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 4.885 acres of land from an Open (O) and Agricultural (A-la) to a Family Agricultural (FA-2a) zoned district. The rectangular shaped vacant subject property, owned in fee by the applicant, is located in the Vacationland Hawaii Subdivision on the southwest side of Ililani Road in Puna. The applicant is requesting a Family Agricultural (FA-2a) zoned designation on the subject property in order to construct a family residence and in the future to have the option to subdivide the subject property into two lots for his children. There are no firm plans to subdivide at this time. The approval of this request would also bring the subject property into conformity with the majority of the Vacationland Hawaii lots which are zoned Agricultural (A-la) and are buildable lots. The State Land Use Classification is Agricultural. Prior to 1971, this and several other properties within the Vacationland Hawaii Subdivision were designated Conservation. The State Land Use Boundaries were designated in 1964 after the Vacationland Subdivision (1962 and 1963) was established. At that time, the subject property was split between the State Land Use Agricultural and Conservation District as were several other lots along the northern comer of the Vacationland Hawaii II subdivision. The State Land Use Boundary lines were drawn using the Halekamahina land division as a dividing line without consideration of the subdivision. Because of the Conservation designation, when the Zoning Code was implemented in 1967, these parcels were placed in the Open zoned district for consistency, and in 1970, Vacationland Associates applied for a State Land Use Boundary Amendment with the State Land Use Commission to reclassify these parcels (or portions) from Conservation to Agricultural to be consistent with the remainder of the subdivision, as a majority of the subdivision was within the State Land Use Agricultural district with an Agricultural (A-la) zoning. On February 26, 1971, the State Land Use Commission approved the request since there were no significant Conservation characteristics and the area was contiguous to the existing Agricultural District, and found it justifiable to remove the split designation on the properties within the subdivision. The County Zoning, however, remained Open and was not changed at that time. The General Plan LUPAG map classification is Orchards. A majority of the property is zoned Open. This zoning designation of Open was imposed in 1967 to conform to the State Land Use Conservation District designation, of which the parcel fell into at that time. The Open zoned district does not allow for the development of a residence on the subject property. A small southwestern tip of the subject property PC-31 PC-31 Page 2 May 26, 1999 is presently zoned Agricultural (A-la). The applicant's request to rezone to a Family Agricultural (FA-2a) zoning designation would allow the applicant to construct a farm dwelling as a residence. The property is not situated within the Special management Area (SMA). This subdivision was created in two increments, Increment I secured final subdivision approval by the Planning Director on May 29, 1962 for 218 lots approximately 8,000 square feet in size, that are presently zoned RS-l0. Increment II was approved in December 19, 1963 for 83 lots approximately 5 acres in size, with a majority of the lots zoned A-la. These lots could apply for subdivision of their lots into smaller parcels. The subject parcel is a part of Increment II, which was created before the State Land Use Boundaries were established. The Hawaii County Council back in October 24, 1991, approved the change of zone request from Open to A-Sa for prospective buyer Michael Smith, who wanted to construct a dwelling on the property. This change of zone request would be consistent with the original intent in the creation of the parcel to be in conformance with the General Plan and the State Land Use District and adjacent zoned uses. Adjacent properties to the south, west and east are zoned Open, with the exception of TMK I -4-73:2 located to the southeast, and which was rezoned from Open to A-Sa, effective October 24, 1991. There is a dwelling on this parcel as well as the adjacent parcel to the south. Immediately to the south and southwest are Vacationland Hawaii Il lots which are zoned A-la and approximately 5 acres in size. Further south like Vacationland Hawaii I with lots zoned RS-10 and ranging approximately 8,000 to 9,000 square feet in size. The Kapoho Beach Lots subdivision to the southeast is zoned RS-10. Surrounding uses include scattered residences and agricultural activity. There is a large 140 acre parcel bordering Vacationland Hawaii II to the north which is zoned Open and within the State Land Use Conservation District. The Soil Survey Report classifies soils within the subject parcel as Malama extremely stony muck, which consists ofwell-drained, thin, extremely stony organic soils over A`a lava. Permeability is rapid, runoff is very slow and the erosion hazard is slight. This soil is used for woodland, pasture and orchards. The Land Study Bureau's Detailed Land Classification System classifies the soils as "E" (Very Poor) for agricultural productivity. Soils within the subject property are classified as "Other Important Agricultural Land" by the ALISH System, which includes land other than Prime or Unique agricultural land that is also of statewide or local importance for agricultural uses. The subject property is located within Zone X, which is an area outside the 500-year plain. The U.S. Geological survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9 being the lowest in severity of hazard. The subject property is in Zone 1, which includes the summits and rift zones of Kilauea and Mauna Loa where vents have been repeatedly active in historic time. Access to the subject property is from Kapoho Beach Road, a private road that is paved with an approximate pavement width of 21 feet. The subject parcel is the last parcel on the left side of Ililani Road, a 15-foot red cinder road within a 40-foot right-of-way. PC-31 PC-31 Page 3 May 26, 1999 County water lines run along the Kapoho Beach Road and end in the vicinity of the Kapoho Beach/Ililani Road intersection, about 3,200 feet from the subject property. County water could be available for the existing lot of record, if improvements were installed. Since no County water is available to the subject property, water is provided by water catchment. Wastewater shall be disposed of through a septic tank system. All essential utilities and services are available to the subject property. There was no discussion on this change of zone request by Your Committee. 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. 80, and recommends it pass first reading. AYES NOES A & E EX LEITHEAD-TODD X TYLER X Respectfully submitted, CHUNG x COMMTTTEE Olyd'j,ANN ELARIONOFF X - 7 JACOBSON X ~ - - PISICCHIO X O sMITH x BOBBY JEAI~LEITHEAD-TODD, AIR YAGONG x ARAICAKI E.o.M. PC REPORT NO. 31 ADOPTED: ~ ~ 3 ~