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HomeMy WebLinkAboutREP PC 045 03/08/2012 2010-2012 REPORT OF THE COMMITTEE ON PLANNING DATE: March 8, 2012 Re: Comm. No. 451/Bill No.138 PLACE: Council Chambers Hilo, Hawai'i TIME: 2:30 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 451/Bill No. 138, reports as follows: Bill No. 138, transmitted by Mayor William P. Kenoi, via Communication No. 451, dated October 20, 2011, is an Ordinance amending Section 25-8-33 (City of Hilo Zone Map),Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) by changing the District Classification from Agricultural - Three Acres (A-3a)to Family Agricultural - One Acre (FA-la) at Ponahawai, South Hilo, Hawaii. Also enclosed were favorable recommendations from the Windward Planning Commission Chair Zendo Kern. The applicants request this zone change in order to subdivide the property into two parcels consisting of a 1-acre lot and a 3.747-acre lot. Bill 138 was postponed at the December 7, 2011 Planning Committee meeting to the January 19, 2012 Planning Committee meeting. At the January 19, 2012 Planning Committee meeting, Bill 138 was postponed to the Call of the Chair to allow the applicant to work with Council Member Ikeda's office on possible amendments regarding Conditions F and M. Council Member Ikeda moved to amend Bill 138 with the contents of Communication 451.3, which amends Condition F regarding a 15-foot wide future road widening setback along the entire property frontage along 'Akala Road, and deletes Condition M, the fair share provision in its entirety. He further stated that there is also a condition in Bill 138 to not allow any further subdivision of the property. The applicant, Mr. Marc Butz, came forward to describe the location of the existing house on the property and the reasons he is requesting the zone change. Council Member Yagong asked Planning Director Ms. Leithead Todd to explain her position regarding removing the fair share provision. Ms. Leithead Todd explained that the past practice was that the Planning Commission would not apply fair share conditions; however, the Council would apply conditions to residential lots but not agricultural lots. She stated that now it is included in the ordinances so the Council doesn't have to amend the ordinances to include the costs. She also stated that it is applied to lots of one-acre or less and this has been the practice for the last 16 years. PC Rept.No.: 45 PC-45 '. Page 2 March 8, 2012 Council Member Yagong asked if the Council were to remove the fair share condition for this applicant, how that decision would affect future determinations. His concern was in regards to avoiding litigation and stressed that the Council needs to be very careful. Ms. Leithead Todd stated that this is a policy matter and is in the purview of the County Council. She recommended that the specific reasons of allowing only one additional lot to be created, the need to maintain agricultural uses,and the proximity to Kaumana Cave should be cited as to why the Council is deviating from the normal practice. She further added that there have been other exceptions where the Council have waived the fair share requirement. Council Member Ford suggested adding language indicating that due to the proximity of Kaumana Cave there will be no further subdivision of this lot and that is the reason to remove the fair share conditions. She also stated she would support the amendment with that language added. Council Member Yagong asked Deputy Corporation Counsel Amy Self if it would lead to future problems or challenges if the same consideration is not given to future applicants. Ms. Self explained that applying fair share conditions is a legislative act and the Council has the authority to add conditions but should be consistent. She further stated if the fair share condition is removed,the Council should provide the specific reasons for the removal, such as the condition that they cannot further subdivide because of the proximity to Kaumana Cave. Council Member Yagong asked why the caves are important, and Ms. Self explained that they are in a protected area. Ms. Leithead Todd added that a buffer area is needed for any developments near the caves to protect the caves from collapse and that a rare cave spider also needs to be protected. Council Member Ford asked why the applicant didn't divide the lots in a way that would not trigger the fair share condition. Mr. Butz replied that it was to protect the agricultural uses of the land and because of logistics for road access. Committee Chair Hoffmann stated that he can now support the bill since the amendment would eliminate the fair share conditions. He further stated the need to formalize the fair share conditions into law. The motion to amend Bill 138 with the contents of Communication 451.3 passed. Council Member Yagong voted"no"and Council Members Pilago and Smart were absent. Ms. Self stated that if the Council is changing the policy, it is important to document it in order to be consistent in the future. Council Member Yagong asked Ms. Self to review the amendment and make sure that this is a unique situation and is acceptable for the Council to deviate from their usual application of fair share conditions. PC Rept. No.: 45 PC-45 Page 3 March 8, 2012 Council Member Ford stated that the Planning Department has expressed a need to provide the buffer zone, and since the Council has never passed legislation requiring fair share there is no law being violated. Ms. Self stated that the Zoning Code gives the Council the ability to place conditions on rezoning including fair share conditions. She further stated that an Impact Fee Ordinance, if adopted, would apply in this situation. Council Member Yoshimoto stressed that Council must distinguish that this is a special and unique situation. Your Committee on Planning is in accord with the purpose and intent of Bill 138, as amended to Draft 2, and recommends its passage on first reading. mkh AYES NOES A&E EX Respectfully submitted, BLAS X FORD x COMMITTEE ON PLANNING HOFFMANN X IKEDA X ONISHI X SMART x PETE HOFFM" , HAIR YAGONG X PC ' PO' T NO. 45 YOSHIMOTO X ADOP •: ---PtKR 21 2012 PC Rept. No.: 45