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Home My WebLink AboutREP PC 023 2015/07/01 (2014-2016)OFFICE INFORMATION ONLY Meeting: Council — July 24, 2016 Action: Postponed to call of Chair; never taken up again. Re: Bill 60; Comm. 330; PC -23 (not adopted) REPORT OF THE COMMITTEE ON PLANNING DATE: July I, 2015 Re: Comm. No. 330/ Bill No. 60 PLACE: Council Chambers Hilo, Ilawai`i TIME: 11:26 a.m. Council Chair and Members Hawaii County Council Hilo, Ilawai`i 96720 Your Committee on Planning, to which was referred Communication No. 330, reports as follows: Bill 60, transmitted by Mayor William P. Kenoi via Communication No. 330 dated May 13, 2015, amends Section 25-8-22, the Puna District Zone Map, Article 8, Chapter 25 of the Hawaii County Code 1983 (2005 Edition), as amended, by changing the district classification from Agricultural -Twenty Acres (A -20a) to Agricultural -Five Acres (A -5a) at `O1a`a Reservation Lots, `Ola`a, Puna, Hawaii, covered by "fax Map Key: 1-8-005:133. The subject area is approximately 50 acres and the applicants are Harry and Sandra Freitas. The applicants are requesting a change of zone to subdivide the property into six lots and provide an inheritance and legacy for their children. The Windward Planning Commission, at its meeting on May 7, 2015, voted to send an unfavorable recommendation based on the applicants' inability to meet Section 25-2-46(m) of the Zoning Code, which states that "A change of zone application shall not be granted unless: (l) the department of water supply has determined that it can meet the water requirements of the project and issue water commitments using its exising system; or (2) specific improvements to the existing public water system, or a private water system equivalent to the requirements of the department of water supply will be provided to meet the water needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed." The applicants propose to use a private catchment water system to support the proposed subdivision, which will remain in agricultural use. They contend that the cost of connecting to the County's public water system, the nearest point of which is 4,300 feet away, or a private water system costing up to $2.2 million, is not a feasible alternative. The Windward Planning Commission has further determined that the proposed change of zone does- not conform with the goals, objectives and actions of the Puna Community Development Plan, nor is it in agreement with the goals and policies of the Land Use and Land Use -Agriculture General Plan elements. The Windward Planning Commission also provided this message. "As part of its unfavorable recommendation, the Windward Planning Commission would like to express to the Hawaii County Council its desire that the Council revisit and redefine the County's concurrency requirements for potable water in support of change of requests that would allow owners of agricultural lots, unable to feasibly be serviced by a public water system, to be able to pursue a change of zone for a proposed subdivision that will utilize a water catchment system." Your committee members received a PowerPoint presentation (Communication No. 330.1) from Ted Hong and Sue Lee Loy, the consultants for the applicants. Committee members spoke in support of an amendment to Section 25-2-46(m) of the Zoning Code that would allow the use of water catchment systems in areas of high rainfall. Committee members disagreed about whether Section 25-2-46(m) allows them to approve the rezoning request before approving an amendment to the Code. Prior to the vole, a motion to postpone to the call of the chair was made, seconded and not approved. Mr. Onishi and Mr. Palcka both said they would be bringing forth amendments to the concurrency law. For informational purposes, Mr. Kanuha voted "kanalua" then "no- and Mr. Onishi voted "aye with reservations." Your Committee on Planning is not in accord with the purpose and intent of Bill 60, and forwards it to Council with a negative recommendation. ps Respectfully submitted, COMMITTEE ON PLANNING GRGR GG N, CHHAIM PC REPORT NO. �3 ADOPTED: AI ES NOES AUS EX cxcrvc x UA4IU X eoFe x LAGAN X KANCHA X ONISHI X P.ALEKA X POINDEXTER X \411,LE ' X Respectfully submitted, COMMITTEE ON PLANNING GRGR GG N, CHHAIM PC REPORT NO. �3 ADOPTED: