HomeMy WebLinkAboutREP PC 074 12/14/1999 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 14, 1999 Re: C-277QiIl No. 76
F'LACF,: Councilroom
TIME: 3:05 p.m.
Chair and Members
Hawaii CounTy Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 76, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 277, dated April 26, 1999, regarding the change
of zone request by Nanawale Estates Co., at Puua, Puna, Hawaii, TMK: 1-4-59:77, reports as
ti~l lows:
Bill No. 76 amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code, by changing the district classification for approximately
23.203 acres of land from an Open (O) to a Residential and an Agricultural (RA-la) and
Agricultural (A-Sa) zoned district.
Bill No. 76 surfaced on the May 26, 1999, Planning Committee agenda. Bill No. 76, Draft 2,
which inserted the conditions into the bill because the Planning Commission had no
recommendation for the Council and submitted the bill with no conditions, was circulated but not
enacted upon. As with Bill No. 75, Draft 3, the agent for the applicant inyuired 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. 76
and Bill No. 76, Draft 2, were then deferred until June 22, 1999, when they were tentatively
referred back to the Alarming Commission because of the requested change in the zoning to
RA-2a. 7~he understanding at that time was it would be referred back to the Plamling
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. 76 in the form of a new Bill No. 131 on
September 17, 1999, via Communication No. 447 with an unfavorable recommendation.
The rectangular parcel. owned in fee by Title 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 Kapuna Road, Niihau Road, Kehau Road and
Molokai Road.
fhe applicant was requesting the Residential and Agricultural (RA-1 a) designation to develop an
agricultural subdivision limited to ten buildable lots with an average of 1-acre lots, and to A-Sa
for the remainder lot of approximately 12 acres to remain a bulk lot to be conveyed to the
Nanawale Estates Community Association for future development of public and/or private
PC-74
PC-74 Page 2 December l4, 1999
educational facilities. The intent was to provide for activities or uses characterized by low
density residential lots in rural areas 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 LIJPAG Map allows for single family residential homes. The subject property
was zoned to its Open designation on December 20, 1967, (Ordinance No. 1 1 1) when the Toning
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 RA-1 a, mostly vacant and approximately 8,040 square feet in
SILe.
County water is not available to the site, therefore, the subject property will be served by a
private catchment system to be installed by individual lot owners in compliance with all
applicable State and County regulations.
Bill No. 131 replaced Bill No. 76, therefore, Your Committee on Planning recommends that
Bill No. 76, and all amending drafts be filed.
AYES NOF,S A & 1? EX
LtarHI4AD-TODD X
~rvLER X Respectfully submitted
CHUNG X
Ia.nKloNOrr X COMMITTEE I PL NING
JACOI3SON X
PISICCHIO X ~U ~
sMrrn x g JE N LEITHEAD-TODD, CHAIR
YAGONG X
ARAKAKI R.O.M. X PC REPORT NO. 74
AboPTED~ JAN 0 5 2000