HomeMy WebLinkAboutREP PC 025 2015/09/01 (2014-2016)OFFICE INFORMATION ONLY
Meeting: Council —January 22, 2016
Action: Failed at first reading due to vote of 6 noes, and 3 ayes.
Re: Bill 79; Comm. 424; (2014-2016 term); PC -25
REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 1-2015 Re: Comm. No. 424Bill No. 79
PLACE: Council Chambers
Hilo, Hawaii
TIME: 9:01 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill 79, reports as follows:
Bill No. 79, transmitted by Mayor William P. Kenoi via Communication No. 424 dated August 3, 2015,
amends Section 25-8-3 (,North Kona District Zone Map); Article 8, Chapter 25 (Zoning Code) of the
Hawaii County Code 1983 (2005 Edition), by changing the district classification from Agricultural -
Three Acres (A -3a) to Family Agricultural -One Acre (FA -1a) at Keopu 3rd, North Kona, Hawaii,
covered by Tax Map Key: 7-5-024:078. The applicant is the Charles F. Lipps, Jr. and Janet S. Lipps
Trust, and the subject parcel covers 3.039 acres.
The applicant is requesting the change of zone to subdivide the property into two lots (1.565 acres and
1.474 acres) in size, with the makai (1.565 acre) lot to be com eyed to the applicant's daughter so that
she can build a residence.
The Planning Department's negative recommendation to the Leeward Planning Commission
(as provided in Communication No. 424) included this statement:
"While we understand the desire of the applicant to provide a lot for his daughter
to build a residence, the Platming Director has an obligation to consider the appropriate
land use patterning in the area. The subject property is one of fifteen (15) 3+ acre parcels
in the mauka portion of the subdivision which has maintained A -3a zoning for 42 years
(rezoned from A -5a to A -3a in 1972— Ordinance No. 479). Changing the zoning to
FA -ala would be a significant departure from the existing A -3a zoning district, and could
set a precedent should other property owners desire similar changes in zone. This could
create a denser, more residentially -focused land use pattern that is inconsistent with the
intent and policies of the General Plan, LUPAG IAL designation and State Land Use
Agricultural District for this particular section of Kona. Moreover, while there is county
water available for the additional lot which would result from this change of zone
request, the Department of Water Supply has indicated that water availability is limited to
support increased residential density in this area, thus, approval of this request would
result in de facto FA -1 a spot zoning for this parcel which would not be available to
surrounding landowners.
"Based on the above, the request for a Change of Zone from an Agricultural
(A -3a) to a Family Agricultural (Fa -la) zoned district would not result in an appropriate
land use pattern and would not further the public convenience, necessity and general
welfare."
PC Report No. 25
PC -25 Page 2 September 1, 2015
Upon a full review of the record, however, the Leeward Planning Commission recommended approval
of this bill at its duly held public hearing on July 16, 2015.
Committee members who voted against this bill cited the Planning Department's concerns about
setting precedent, increasing density, compliance with the General Plan, reducing the amount of
land available for agricultural use, and about the availability of water resources in the vicinity of
the parcel. Committee members also requested that the applicant work with the Planning
Department to consider other options.
Your Committee on Planning is not in accord with the purpose and intent of Bill No. 79, and forwards it
to Council with a negative recommendation.
ps
Respectfully suhmitted,
COMMITTEE ON PLANNING
CIIEEGGOICILAGAN, CI
PC REPORT NO. 25
ADOPTED: J012 2 2016
AYES
SEES Acs es
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DAVID
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ILAC.AN
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KANUHA
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ONISHI
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PALEKA
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POIN"DEXTER
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w ILLE
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Respectfully suhmitted,
COMMITTEE ON PLANNING
CIIEEGGOICILAGAN, CI
PC REPORT NO. 25
ADOPTED: J012 2 2016