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HomeMy WebLinkAboutREP PC 049 08/10/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: August 10, 1999 Re: C-392/Bill No. 113 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. 113, transmitted by Mayor Stephen K. Yamashiro per Communication No. 392, dated July 15, 1999, regazding the change of zone request by Dr. William C. and Patricia C. Bergin, at Puukapu, Waimea, South Kohala, Hawaii, TMK: 6-4-01:124, reports as follows: Bill No. 113 amends Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 2.020 acres of land from an Agricultural (A-Sa) and Residential (RS-15) to Residential and Agricultural (RA-.Sa) zoned district. The subject parcel, consisting of two contiguous parcels, a rectangulaz-shaped (TMK: 6-4-1:140) and a squaze-shaped (TMK: 6-4-1:124) parcel, is located approximately 400 feet north from Mamalahoa Highway. The applicants are the owners of the subject property. On September 1, 1998, TMK: 6-4-I:portion of 92 was subdivided and consolidated with TMK: 6-4-1:140 increasing the parcel size from 64,707 square feet to 3.118 acres (135,820 square feet). Approximately 71,113 square feet (three half-acre parcels) of former TMK: 6-4-1:92 was consolidated with TMK: 6-4-1:140, have the State's Rural District designation via Ordinance No. 98-22, and are zoned RA-.Sa acres via the Change of Zone Ordinance No. 98-23. The remaining 1.207 acres fronting Mamalahoa Highway designated as TMK: 6-4-1:92 are zoned for neighborhood commercial uses (CN-7.5). The applicants are proposing to create four half-acre residential-agricultural lots using 23,277 square feet from parcel #124 and 64,707 squaze feet from parcel #140. Two access points off Mamalahoa Highway via private roads will accommodate the proposed four lots, one along the western boundary of parcel # 140 and the other abutting the southern boundary of parcel # 124. Pazcel #124 is fully improved with two single family dwellings (the second dwelling was constructed via an Ohana Dwelling Permit which was issued by the Planning Director in 1998) and a pasture that will remain and be counted as the first of the four lots. A portion of parcel #140, a fully fenced vacant pastureland, will be divided into the three remaining lots. PC-49 PC-49 Page 2 August 10, 1999 The present State Land Use district designation is "Urban" for TMK: 6-4-1:124. Ordinance No. 98-22 designated the eastern portion of TMK: 6-4-1:140 as "Rural," while the remainder is currently designated as "Agricultural". The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation is Medium Density Urban Development. The subject property is located within the study azea of the Waimea Design Plan, which was adopted as Resolution No. 214-86 by the County Council on October 1, 1986, and designates the subject property for future urban development. Surrounding lands to the north and south of TMK: 6-4-1:124 are within the State's Urban District and zoned Single Family Residential (RS-15) by the County. Lands further to the north and east are in the State's Agricultural District and zoned Agricultural (A-la and A-Sa) by the county. Lands to the west aze within the State's Urban District and zoned Open (O) by the County. The surrounding ]ands south of the subject property are located in the State's Urban District and zoned Neighborhood Commercial (CN-7.5) by the County. Surrounding land uses include various single-family residential, commercial, public and agricultwal uses. The subject property is located within Zone X, an area determined to be outside the 500-yeaz flood plain. The ALISH system classifies the portion of the subject property within 400 to 500 feet of the Mamalahoa Highway as existing urban development. Immediately mauka of the existing urban lands are "Prime" agricultural land and the remainder of the property is classified as "Other Important Agricultural lands." According to the U.S. Soil Survey, there are two types of soil on the subject property. The soil nearest the highway is classified as Kikoni very fine sandy loam which is used for truck crops. The majority of the project site is classified as Maile silt loam which formed in volcanic ash and is used for pasture and woodland. The Land Study Bureau's Detailed Land Classification System classifies the soils as "B" (Good) for the portion within approximately 400-500 feet of the Mamalahoa Highway and "C" (Fair) for the majority of the property. There aze no known or recorded raze or endangered animal or plant life in the area, and there is no evidence of historical or cultural features on the parcel, which has been extensively grazed by cattle. Water is available from existing 6-inch, 8-inch and 12-inch water lines via 5/8-inch meters. An additional 5/8-inch meter is required for TMK: 6-4-1:124 with necessary waterline improvements. Since the property is situated within the Critical Wastewater Disposal Area, the Department of Health requires the installation of septic tank systems. PC-49 PC-49 Page 3 August 10, 1999 Electrical, telephone and cable services are available to the property. Bill No. 113, Draft 2, which inserted the fair shaze contributions in Condition G, was circulated and approved by Your Committee. Although ohana dwellings are permitted in this zoning district, Your Committee wanted to prohibit the construction of second dwellings to manage the density in this area. Your Committee discussed the possibility of restricting the second dwelling on each proposed half-acre so the newly designated three pazcels would have a single residence on it. The existing two single family dwellings on parcel #124 will be permitted as such with the prohibition of further residential development on said parcel. Mr. Mooers, on the other hand, hypothesized "if Dr. Bergin was to sell a 1-acre lot, then they should have the ability to build two homes, one for each RA-.5 but nothing beyond the density allowed by the present zoning." And, "If Dr. Bergin developed the property using all of the lots, perhaps in a PUD or some other sense that the density not be denied because it's one lot, if he has 3-acres and 3-acres, potentially, could be 6-lots that the zoning, the RA-.5 would be the determining factor to the density or the number of units that could be constructed on the property." He further stated that "the applicant has no desire to try to double the density but would like the flexibility to have the density based by the zoning. So, if he keeps the lots as I -acre lots that two homes could be built on each 1-acre lot, if the zoning is RA-.Sa." Your Committee recommended that staff incorporate appropriate language to resolve this concern and present it to Council in the form of Draft 3. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration to the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No 113, Draft 2, and recommends it pass first reading. a ~ ..t~, li~;p 119 ~ ~ncrp~ ~?i~~l .-L'r ~i T~~ VYa~~'{A~i~ G ~tY~P(~v^y~ Respectfully submitted, AYES NOES A & E EX LEITHEAD-TODD X COMMITTEE ON PLANK TYLER X ~T~Q CHUNG X l ELARIONOFF x Y JEAN LEITHEAD-TODD, CHAIR JACOBSON X rlslccHlo x PC REPORT NO. 49 SMITH X YAGONG X ADOPTED: SEP 0 9 1999 ARAKAKI E.O.M.