HomeMy WebLinkAboutREP PC 075 12/14/1999 1998-2000 REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 14, 1999 Re: C-278/Bill No. 77
PLACE: 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. 77, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 278, dated April 26, 1999, regarding the change
of zone request by Nanawale Estates Co., at Puua, Puna, Hawaii, TMK: 1-4-76:38, reports as
follows:
Bill No. 77 amends Section 25-8-22 (Puna District Zone Map), Article 8, Chapter 25 (Z,oning
Code) of the Hawaii County Code, by changing the district classification for approximately 9.328
acres of land from an Open (O) to a Family Agricultural (FA-1 a) zoned district.
Bill No. 77 surfaced on the May 26, 1999, Planning Committee agenda. Because of the two
other companion bills, Bill No. 75 and Bill No. 76, Bill No. 77 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 FA-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. 77 in the form of a new Bill No. 132 on
September 17, 1999, via Communication No. 448 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 Hapuu Road and Kona Road.
hhe applicant had originally applied for a change of zone to RA-1 a, but changed to FA-1 a, and
the property is no longer proposed to be subdivided, as originally requested. The change to
FA-1 a will be consistent with the Zoning Code which states that the FA district is intended to be
in areas within the State land Use Agricultural district, and will complement the existing A-la
zoning designation of the surrounding lots.
The subject property was designated as a school site and not a park site, but does not meet the
minimum lot size for a school. The Park Dedication Code, which provides a method of
calculating land required to be provided in perpetuity by a subdivider, is not applicable to
PC-75
PC-75 Page 2 December 14, 1999
Nanawale Estates. Under Section 8-4 (a)(2), which exempts subdivisions granted tentative
approval prior to December 27, 1977, Nanawale Estates is exempt since it received Final
Subdivision Approval on January 22, 1969.
According to the State band Use Commission, the State Land Use boundaries within the
Nanawale Estates Subdivision were initially designated in 1964 and again in 1969, creating the
current division between the SLU Agricultural and Urban areas approximately along Lehua
Road. All properties in the SLU Agricultural designated area are zoned A-1 a by the County.
Within the SLU Urban designated area, properties are zoned RS-10 and A-1 a.
At buildout, the Nanawale Estates Subdivision may be projected to have a population of
approximately 12, 438. Data from Building Permit records indicate that 426 building permits
have been issued in the 4,289 lot subdivision since 1980. Data from the 1998 Experian Realty
Directory lists 429 properties within the subdivision with structural improvements.
The County water line does not service the entire subdivision, 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. 132 replaced Bill No. 77, therefore, Your Committee on Planning recommends that
Bill No. 77 be filed.
AYES NOES A & E EX
LltrrHEAD-TODD X Respectfully submitted
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ADOPTED: JAN 0 5 2000