HomeMy WebLinkAboutREP PC 069 11/16/1999 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE,: November 16, 1999 Re: C-528/Bill No. 166
PLACE: Councilroom
TIME: 2:40 p.m.
Chair and Members
Hawaii County Council
Ililo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 166, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 528, dated November 1, 1999, regarding the
change of zone request by John Tanaka, at Honomakau, Puehuehu and Hanaula, North Kohala,
Hawaii, TMK: 5-4-2:14, reports as follows:
Bill No. 166 amends Section 25-8-8 (Upolu Point - Kaauhuhu Homesteads Zone Map), Article ,
Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for
approximately 27.286 acres of land from an Agricultural (A-20a) to an Agricultural (A-Sa) zoned
district.
The irregular shaped lot, owned in fee by John S. Tanaka and Amy Y. Tanaka, is located on the
north side of Kynnersley Road approximately one mile south of its intersection with Akoni-Pule
Highway. The site, vacant of any structures and formerly used for sugar cultivation, is located at
1,000 feet above mean sea level and is bisected in a east to west direction by the Kohala Ditch.
The subject property was part of a consolidation/resubdivision action which secured final
subdivision approval on December 2, 1997. TMK: 5-4-2: 2 and 6 and TMK: 5-4-11:82 and 1 l3
with a combined total of 320 acres were subdivided into 8 lots varying in sizes from
approximately 21-32 acres with one 143 acre parcel.
1'he U. S. Soil Survey classifies the soils as Kohala and Ainakea, which are used for sugar cane
and macadamia nuts and as homesites. The Land Study Bureau's rating for agricultural use is
Class "C'" or Fair. The State Department of Agriculture's Agricultural Lands of Importance to
the State of Hawaii (ALISH) system classifies the soils as "Prime".
The applicant's environmental report does not cite any known or endangered plant species nor
does it report any native fauna, however, it is possible to find the Hawaiian Hawk and Hawaiian
Owl at this elevation. Because the site was previously cleared, there are no known historic sites
there, however, a condition to notify the Department of Land and Natural Resources-Historic
Preservation Division should any archaeological sites be encountered will be included.
The subject parcel is in Zone X, an area determined to be outside the 500-year flood plain.
PG69
PC-69 Page 2 November 16, 1999
The applicant intends to subdivide the property into three lots. Two of the lots would be
approximately 5 acres in size and sold to persons interested in using the land for agricultural
purposes. The balance of the property would be retained by the applicant who will cultivate
ornamental and citrus trees on the site as well as construct a residence there. In the future, the
applicant may further subdivide the property, which would be consistent with the A-Sa zoning.
The applicant believes the property can be agriculturally more productive as 5-acre lots instead of
one large 27 acre parcel. The smaller lot size would make it more affordable to potential
farmers, particularly those interested in doing supplemental agricultural activities.
The current State [,and Use designation is Agricultural. The General Plan Land Use Pattern
Allocation Guide (LUPAG) Map designation is Intensive Agriculture, which refers to lands that
are capable of supporting sugar, orchard, diversified agriculture and floriculture uses. The
County Zoning is Agricultural (A-20a). The property is not located within the Special
Management Area (SMA).
The North Kohala Community Development Plan (CDP) adopted in 1986 designates the area for
agricultural activity, by encouraging more intensive use of North Kohala's agricultural resources
through the subdivision of selected agricultural lands into smaller and more manageable parcels.
Surrounding lands include single-family residences and vacant lands within the adjoining
Kynnersley housing tract zoned RS-15. To the west are parcels within the State Land Use
Agricultural District zoned A-Sa and A-3a. The A-3a zoned parcels lie within the Kaauhuhu
Homestead area. Lands to the north are zoned A-20a.
Access to the subject property is via Kynnersley Road, a County road with a 18-20 foot wide
pavement within a 50-foot right-of--way. The applicant intends to have all three lots access
directly from Kynnersley Road.
The Department of Water Supply can provide water from an existing 6-inch waterline along
Kynnersley Road fronting the property. The proposed subdivision would require the applicant to
extend the existing 6-inch waterline to a point north of the common boundary of Lot 2 and Lot H,
a distance of approximately 1,200 feet. The applicant has agreed to make the required
improvements in conjunction with the subdivision approval process.
Since there is no municipal sewer system in the area, the applicants would be required to dispose
wastewater into a septic tank system.
Electrical and telephone services are available to the property.
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PC-69 Page 3 November 16, 1999
Committee Member Curtis Tyler discussed some of the conditions, and comments from the
different agencies and departments. One in particular was the comment from the Police, which
stressed that the plan only shows one access point. The applicant's agent, Sidney Fuke,
mentioned that the front of the property is a third of a mile long, so it may be possible to have
two access points, but the final decision will be made by the Department of Public Works;
however, it may be difficult to achieve this because the property is divided in two by the Kohala
Ditch.
Mr. Fuke was also asked if Mr. Tanaka had any objections to the conditions in the bill, especially
the one regarding the agricultural lands, and Mr. Fuke responded that if this condition is
applicable to all agricultural lands, then his client would be in agreement with the conditions.
Committee Member Tyler stated that he has never seen a response from James J. Nakatani of the
Board of Agriculture stating their recommendations to include "assurances" such as a restrictive
covenant that runs with the land requiring the lot owner acquire or possess:
1. An approved conservation plan as issued by the local Soil and Water Conservation
District;
2. Agricultural tax dedication status; or
3. Federal income tax Schedule F and the State General Excise Tax forms.
He wondered if this could be standard language to be used in future zonings, but no motion was
made to that effect.
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 166, and
recommends it pass first reading.
AYES NOES A & E ex Respectfully submitted,
LErrtIEAO-TODD X COMMITTEE ONPL;ANNING
TYLER x
CHUNG x ~ - ~ t _ - _
E'LARIONOPp X ' ~r ~f i
IACOnsoN x BOBBY JEAN LEITHEAD-TODD, CHAIR
PISICCHIO X
SMrrII x PC REPORT NO. 69
vncoN<, x
ARAKAKI I?.O. M. ADOPTED: OE(r 0 1 1QQq