Loading...
HomeMy WebLinkAboutREP PC 047 08/10/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: August 10, 1999 Re: C-393/Bill No. 114 PLACE: Councilroom TIME: 1:40 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 114, transmitted by Mayor Stephen K. Yamashiro per Communication No. 393, dated July 15, 1999, regarding the request by North Kohala Land Company to amend the change of zone Ordinance No. 85-48, at Kaauhuhu, Kahei, Kealahewa ls' 2"a & 3'a, Honoipu, Puakea, Kukuipahu, Ilio Lahuiki, Awalua, Haena and Kapunapuna, North Kohala, Hawaii, TMK: 5-5-1:60, 64; 5-5-3:17 and portions of 9 & 16; and 5-6-1:20 & 21, reports as follows: Bill No. 114 amends Ordinance No. 85-48 which reclassified lands from an Agricultural (A-20a) to an Agricultural (A-la), Agricultural (A-2a), Agricultural (A-600a) and Open (O) zoned districts for approximately 1,700 acres of land, by deleting all of Condition G, which requires the construction of an agricultural standazd roadway. The property is located between the Kohala Mountain Road and Akoni Pule Highway, southwest of Hawi Village. The subject property is owned by the applicant, who recently purchased it from Chalon International of Hawaii, Inc. Ordinance No. 85-48 allowed for the development of approximately 170 rural house lots ranging between 1-6 acres. Between October and December 1986, Final Subdivision Approval was granted by the Planning Director for Maliu Ridge Phase I for 61 lots. In November 1988, Final Subdivision Approval was granted by the Planning Director for Maliu Ridge Phase II for 581ots. On October 15, 1992, the Planning Director granted tentative subdivision approval for Maliu Ridge Phase III for proposed 58 lots. On September 2, 1994, the Planning Director granted an extension of time for submission of final plat map until October 15, 1995. On December 21, 1995, the Planning Director granted an extension of time to comply with all conditions of Tentative Subdivision approval until December 31, 1997. On January 26, 1998, the applicant's request for time extension For submission of final plat map is submitted for technical review by applicable agencies. On February 20, 1998, the Planning Commission revoked Special Permit No. 620, granted to Oceanic Properties, Inc., which allowed the establishment of a temporary real estate office in a model home within the State Land Use Agricultural District. PC-47 PC-47 Page 2 August 10,1999 In a letter dated March 11, 1999, the applicant requested an amendment to Ordinance No. 85-48 by deleting Condition G in its entirety. "At the time the existing subdivision application was made, Chalon envisioned a broader scope of development and land use in the surrounding Kukuipahu area which suggested that the company could benefit through certain economies of scale by accepting additional subdivision conditions other than those that were warranted for the Maliu Ridge Phase III project alone. Unfortunately, the deteriorating economic and market conditions both locally and globally have made this greater scope of development impossible." The SLU designation is Agricultural. The GP LUPAG Map designates the area for "Intensive Agricultural" uses. Land designated Intensive Agricultural have relatively fertile soils and aze basically used for sugaz, orchard, diversified agriculture and floriculture. The North Kohala Community Development Plan (CDP) was adopted by the Planning Commission by Resolution No. 2-84 on September 2, 1984. The Land Use Concept Map within this document designates the subject areas as "Small Scale Agriculture/Planned Unit Development". This designation is intended to "encourage the use of smaller scaled agricultural lots and as may be appropriate, the density transfer and agricultural cluster concept for development of appropriate agricultural lands to maintain and/or provide for greater agricultural opportunities on agriculturally zoned lands." Lands surrounding the project area are a mixture of A-1 a, A-3a, A-Sa, and A-20a zoned designations. Surrounding land uses include scattered single family residences, pasture, macadamia nut orchards, vacant land, and small-scale agricultural activities. Bill No. 114, Draft 2, which reformatted the conditions of Ordinance No. 85-48 to the current format used and corrected some typographical errors, was circulated and approved by Your Committee. Committee Member Julie Jacobson did not see the need to delete Condition G because of safety reasons. She could not see putting privacy over the safety of the people. She also mentioned that this issue should have been settled before homes were constructed, and she is very reluctant to take emergency vehicles on unpaved roads. Committee Member Leningrad Elarionoff stating that "we must be more flexible in adapting to the times" felt it was unreasonable to place the burden of putting the construction of the road on the developer since Chalon is no longer the owner of this development. The proposed road would have crossed into private property and the other owners such as Pazker Ranch were concerned about cattle rustling on their lands. Committee Member Nancy Pisicchio wanted to heaz from the developers, so Ben Tsukazaki and Roger Hams took the lead on the discussion. Mr. Tsukazaki explained that Castle and Cook developed the Phase I; Chalon, Phase II; and Kohala, Phase III. In 1985 the density transfer from PC-47 PC-47 Page 3 August 10,1999 A-600 went to A-l, A-2, A-3 and A-4 allowed people to live on smaller lots. Then, after Chalon acquired the land, the real estate market went down. The applicant then purchased the parcel, and the question of the "agricultural standard roadway" arose. Your Committee had some concerns about the security; but Leningrad Elarionoff pointed out that a stubout would be sufficient because if another developer came and developed the parcel adjacent to the subject property, they would have the connector from which to work. Your Committee was also informed that if there were a fire, the fire department is located to the northeast of the subject area, so the shorter route to the subject parcel would be through the roads located on the eastern side of the subject parcel rather than the western entrance. Your Committee was also informed that if the road were constructed, the applicant would not be the owner of the road, and the road would not be built to dedicable standards. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the amendment to Ordinance No. 85-48. Your Committee on Planning is in accord with the intent and purpose of Bill No. 114, Draft 2, and recommends it pass first reading. Respectfully submitted, AvES Noes A & E ex COMMITTEE O LA G LEITHEAD-TODD X TYLER X CHUNG X ELARIONOFF x Y JEAN LEITHEAD-TODD, HAIR JACOBSON X FISICCHIO x PC REPORT NO. 47 SMITH X vncoNG x ADOPTED: AIJG 2 5 1999 ARAKAKI E.O.M. X