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Home My WebLink AboutREP PC 059 10/26/1999 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: October 26, 1999 Re: C-465/Bill No. 139 PLACE: Councilroom TIME: 2:OOp.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 139, transmitted by Mayor Stephen K. Yamashiro per Communication No. 465, dated September 30, 1999, regarding the change of zone request by Tsugio and Asako Miyamoto, at Waiakea, South Hilo, Hawaii, TMK: 2-2-48:14 and 91, reports as follows: Bill No. 139 amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 6.187 acres of land from an Agricultural (A-3a) to a Family Agricultural (FA-1 a) zoned district. The rectangular shaped and relatively level subject parcel, owned in fee by Mr. and Mrs. Tsugio Miyamoto, is located in the Panaewa Farm Lots on the north side of Makalika Street immediately adjacent to (east) Nani Mau Gardens. By letter dated August 6, 1999, Tsugio and Asako Miyamoto requested that Lillian M. Kamigaki, Michael M. Miyamoto and Florence Miyamoto Simms, Trustees of the Tsugio Miyamoto and Asako A. Miyamoto Irrevocable Trust, be the applicants in this change of zone request. The applicant is seeking the change of zone in order to develop a six (6) lot family-agricultural subdivision, with lots ranging in size from 1.001 to 1.083 acres. The proposed plan shows two parcels, one (Parcel 14) approximately 3.102 acres, and the other (Parcel 91) approximately 3.085 acres in size, which are to be subdivided into six lots. The site plan shows a 1,752 square foot one-story single family dwelling on Parcel 91 which was constructed in 1986 with a 520 square foot carport, cesspool and paved driveway. The plan also shows a l,l 16 square foot one-story ohana dwelling constructed in 1991, with a 420 square foot carport, cesspool and paved driveway. Parcel l4 has a 1,116 square foot carport, a 600 square foot hot house, a 144 square foot open garage, a 500 square foot concrete slab, cesspool, chain link perimeter fencing and partially paved driveway. The State Land Llse classification for the subject parcel is Agricultural. The General Plan LiJPAG Map shows this as a Low Density Llrban area. The County Zoning is Agricultural 3-acres (A-3a). The Change of Zone to FA-1 a will allow small-scale agricultural operations associated with residential activities and may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within PC-59 PC-59 Page 2 October 26, 1999 the State Land Use Agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding areas. The requested FA-]a zoning conforms to the requirements of the Zoning Code, and the height limit in the FA district is 35 feet for residential structures. The Hilo Community Development Plan, adopted by Resolution in 1975 by the Planning Commission recommended that the area be maintained as A-l0a /Alternate Residential Expansion. The subject properties are not within the Special Management Area boundary. The change of zone from A-l0a to A-3a was approved by Ordinance No. 83-36 effective October 26, 1983, and both parcels 14 and 91 were part of this change of zone. The Ohana Dwelling Permit (OD 90-97) for a second dwelling on Parcel 91 was approved by the Planning Director on June 14, 1990. The ohana dwelling permit was approved prior to the State Land Use Commission's Declaratory Order of December 4, 1994 which allowed only farm dwellings within the State Land Use Agricultural district. Therefore, there is no farm dwelling notice or agreement on file for the subject property. Final Subdivision Approval was granted on December 18, 1984 fora 5-lot subdivision on approximately 27.8 acres on the corner of Makalika Street and Railroad Avenue. The proposed Lot 2-A (parcel 91) and Lot 2-B (Parcel 14) were created from the subdivision of this property. The two subject properties were not a part of Subdivision No. 5192-A, as stated in the application. The subject parcel is located in Zone "X", an area determined to be outside the 500-year flood plain. The ALISH classification is Other Important Agricultural Land. The USDA Natural Resources Conservation Service's Soil Survey Report is Papai Series which consists ofwell-drained, thin, extremely stony organic soils over fragmental A'a lava. Permeability is rapid, runoff is slow and erosion hazard is slight. These soils are primarily in woodland. The Land Study Bureau Soil Rating is "E" or Very Poor. Since the subject parcels have been used as a tree farm, the likelihood of any endangered flora and fauna or archaeological features are remote. Surrounding lands to the north and west are zoned Agricultural (A-la) (Mani Mau Gardens). Lands to the east are zoned Agricultural (A-3a) and include single family dwellings and vacant lots. To the south across Makalika Street are lands zoned Agricultural (A-3a), with mixed residential and agricultural uses. PC-59 • • • • PC -59 Page 3 October 26, 1999 Access to the properties is from the Hawaii Belt Highway to Makalika Street, a County roadway with a pavement width of approximately 18 feet with 5 foot wide grass shoulders within a 50 -foot right -of -way. A secondary access is available from Railroad Avenue. Water can be made available from an existing 6 -inch waterline along Makalika Street fronting the properties. Wastewater from the existing single- family and ohana dwellings are disposed of via on -sit cesspools. Under the proposed subdivision plan, wastewater is proposed to be managed by private septic systems installed by individual lot owners in compliance with all applicable State and County regulations. All other utilities and services are or can be made available to the site. Bill No. 139, Draft 2, which includes the fair share contribution condition, was circulated and approved by Your Committee. In response to a question from Committee Member Curtis Tyler regarding the recommendations from the Department of Public Works, Steve Lim, attorney for the applicants, explained that there was a discussion at the Planning Commission level regarding the level of improvements that may include a streetlight at the end of the cul -de -sac, but nothing was resolved because the department did not specify what they would be requiring, and the applicant would be willing to work with them on that issue. Committee member Julie Jacobson questioned whether the macnut trees and other fruit trees will be retained on the property, and the response was that they will be retained around the proposed homes. Ms. Jacobson then stated that she would "rather see" the "family find a way to maybe hire others to work with you or if you're not interested in the farming, turn it over to someone else to farm." Mr. Lim explained that Mr. Miyamoto has been in this business for a long time and is tired because the trees need to be pruned often. Julie explained that she does not agree with the overall impact of the bill. Steve Lim asked if the fair share condition for parks could be waived since there is an existing park within two blocks of this subject parcel. Since previous zonings in close proximities to existing parks had this condition waived it would seem that the trend would be continued; however, Your Chair noted that this condition should be retained because the funds should be used for the maintenance of the park. Committee Member Curtis Tyler stated that he is glad the family is trying to keep the land in the family, and supports this change of zone request. Your Chair also noted that she is concerned about subdivision of agricultural lands and because this property is not intensive Agriculture land and the Land Study Bureau Soil Rating is "E" or very poor, she does not consider this one of those areas where she wants to preserve the larger PC -59 PC-59 Page 4 October 26, 1999 agricultural lots since she believes that "one acre ag is essentially residential in character because you're going to take up at least one-fourth of the lot" for the houselot. She also stated that the soil rating is important to her. 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. 139, Draft 2, and recommends it pass first reading. AYES NGE,S A & E F.x Respectfully submitted, I,EITHEAD-1'oDD X COMMITTEE ON -ANNING 'T'YLER X / CHUNG X ~ CZ!'' '~','C' C~ 1!I,ARIONOFF X L~1 C..O ~ACOUSON X B(SBBY JEAN LE[THEAD-TODD, CHAR PISICCHIO X sMlTtl x PC REPORT NO. 59 YAGONG X nRAKAKI r;.o.M. x ADOPTED: NOV i ~'d95