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HomeMy WebLinkAboutREP PC 017 2017/06/06 (2016-2018) REPORT OF THE COMMITTEE ON PLANNING. DATE: June 6, 2017 Re: Comm. No. 291/Bill No. 38 PLACE: Council Chambers Hilo, Hawai`i TIME: 1:00 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Bill No. 38, reports as follows: Bill No. 38, transmitted by Mayor Harry Kim, via Communication No. 291, dated May 3, 2017, amends Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map), Article 8, Chapter 25 (Zoning) of the Hawai`i County Code 1983 (2016 Edition, as amended),by changing the district classification from agricultural—five acres (A-5a) to Family Agricultural—two acres (FA-2a) at Pu'ukapu, Waimea, South Kohala, Hawai`i, covered by Tax Map Key: 6-4-001:152 (Applicant: Peter A. In, M.D.) (Area: approx. 5.001 acres) Mayor Kim forwarded the Leeward Planning Commission's favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two parcels to allow each unit owner to have a separate title and tax map key. Planning Consultant Mr. Sidney Fuke, representing the applicant, came forward to provide a brief background and answer questions. Mr. Fuke stated that he is assisting Dr. Peter In and Robin and Shinji Inaba with a five-acre piece of property that has two homes on it, which property was previously approved as a Condominium Property Regime, which was fashionable and allowable at that point in time. The purpose for this rezoning is through a subdivision process, and if approved, they will be able to get their respective two and three-acre parcels with separate tax map keys. Council Member Tim Richards stated that he knows the applicant, is very familiar with the property, and confirms that the property is exactly as it is characterized by Mr. Fuke. The surrounding development is an extension of and conforming to the neighboring properties. Mr. Richards confirms that contact has been made with the neighbors and they have no concerns. Mr. Richards questioned Mr. Fuke regarding the preservation of a burial on the property. Mr. Fuke explained that in 1997, there was an approved burial treatment plan on a 4,000 square foot area that had been set aside with an easement for lineal descendants to have access to that burial. Mr. Fuke then provided some background regarding Condominium Property Regimes. He stated that prior to the State changing the law, Condominium Property Regimes were allowed to occur on properties with multiple or a single family structures without going through the County subdivision process. For example, in years past, on agricultural zoned parcels, people used to PC Report No. 17 PC-17 Page 2 June 6, 2017 put up basic dwelling or a shed, then apply for a Condominium Property Regime which would be approved by the State. Subsequently, that shed would later turn into single family dwelling, all done without the appropriate infrastructure being in place. Mr. Fuke expressed that this was a "backdoor"way of getting a subdivision. The counties expressed concern and the State changed the law, which is now reflected in the County Zoning and Subdivision Codes, which basically states that if you are trying to condominiumize a property that is in an agricultural or residential zone, then you have to go through the normal subdivision process. Several Council Members expressed favor for this bill, and the vote was taken. Your Committee on Planning is in accord with the purpose and intent of Bill No. 38, and recommends its passage on first reading. wb AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING EOFF X KANUHA X LEE LOY X / O'HARA X a POINDEXTER x KAREN EOFF, CHAIR RICHARDS X PC REPORT NO.: 17 RUGGLES X ADOPTED: JUN 2 3 2017.