HomeMy WebLinkAboutREP PC 073 12/14/1999 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 14, 1999 Re: C-276/Bill No. 75
PLACE: Councilroom
TIME: 3:05 p.m.
Chair and Members
Hawaii County Council
11i1o, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 75, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 276, dated April 26, 1999, regarding the change
of zone request by Nanawale Estates Co., at Puua, Puna, Hawaii, TMK: 1-4-47:87, reports as
follows:
Bill No. 75 amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning
('ode) of the Hawaii County Code, by changing the district classification for approximately
10.995 acres of land from an Open (O) to a Residential and an Agricultural (RA-1 a) zoned
district.
Bill No. 75 surfaced on the May 26, 1999, Planning Committee agenda. Bill No. 75, Draft 2,
which includes the fair share contributions in Condition E and renumbers the remaining
conditions, was circulated by Your Committee. An amendment to prohibit second dwellings on
the parcels was made which resulted in Bill No. 75, Draft 3. Then the agent for the applicant
inquired if the fair share contributions need be incorporated in the bill because the total of the fair
share contributions, which the applicant would have to pay, would exceed the selling price of the
lots. Bill No. 75 was then deferred until June 22, 1999, when it was tentatively referred back to
the Planning Commission because of the requested change in the zoning to RA-2a. The
understanding at that time was it would be referred back to the Planning Commission if the
Corporation Counsel advised that the zoning change was not permissible. Corporation Counsel
ruled that the bill would have to be referred back to the Planning Commission for
reconsideration.
'The Planning Commission resubmitted Bill No. 75 in the form of a new Bill No. 130 on
September 17, L999, via Communication No. 446 with an unfavorable recommendation.
The rectangular parcel, owned in fee by "fitle Guaranty Escrow Services, Inc., who has given
permission to Nanawale Estates Co. to apply for the change of zone, is located within the
Nanawale Estates Subdivision bordered by Holiday Road, Flower Road and Seadrift Road.
The applicant was requesting the Residential and Agricultural (RA-la) designation to develop an
agricultural subdivision limited to ten buildable lots with an average of 1-acre lots. The intent
was to provide for activities or uses characterized by low density residential lots in rural areas
PC-73
PC-73 Page 2 December 14, 1999
where city-like concentrations of people, structures, streets, and urban level of services are
absent, and where small farms are intermixed with low density residential lots. The RA district
is intended to be only within areas designated as being in the state land use rural or urban
districts.
The General Plan LUPAG Map allows for single family residential homes. The subject property
was zoned to its Open designation on December 20, 1967, (Ordinance No. 1 11) when the Zoning
Maps for the Puna District were initially adopted. Prior to that date, zoning within the Puna
District did not exist. On January 22, 1969, the Nanawale Estates Subdivision received Final
Subdivision Approval. Preliminary subdivision plans were on file with the Planning Department
when the original zoning maps for the Puna District were adopted in 1967, and the subject parcel
was designated for school use by the developers; however, neither the County nor State has
sanctioned such a use.
Surrounding properties are zoned RS-10, mostly vacant and approximately 8,040 square feet in
size.
The County water line does not service the entire subdivision, therefore, the subject property will
be served by a private catchment system.
Bill No. 130 replaced Bill No. 75, therefore, Your Committee on Planning recommends that Bil]
No. 75 with all amending drafts be filed.
AYES NOES A & E 13X
LIiITH F.AD-I~ODD X Respectfully submitted
rn.Hai X COMMITTEE N P NNING
CHLiNG X /J
GI,ARIONOPF X
.IACOnsON X (.(LY _
I'ISICCHIO X B B JEAN LEITHEAD-TODD, CHAIR
tiMl'1'tl X
vn<~oNC X PC REPOR'C NO. 73
nltnKnKl I:.o.M. x JAN 0 5 1000
ADo~b