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Home My WebLink AboutREP PC 397 10/24/1988 1984-1988 REPORT OF THE • • CrMT-TEt ON PLANNING DATE: October 24 , 1988 PLACE : Councilroom TIME : 1: 30 p .m. Chairman and Members Hawaii County Council Hilo , Hawaii 96720 Your Committee on Planning, to which was referred Bill No . 500 , regarding the rezoning request of Elizabeth McCormick , Kaloko , North Kona , Hawaii , TMK : 7-3-24 : 35 , reports as follows: Bill No . 500 amends Section 25-86 , Article 3 , Chapter 25 of the Hawaii County Code, by changing thedistrict classification of 25 .15 acres of land from Agricultural (A-20a ) to Agricultural (A-la) . The Planning Commission is recommending approval of Bill 500 while the Planning Director is recommending denial . The bill was first heard by your Committee at its March 14 , 1988 meeting , and deferred to its July 25 , 1988 meeting , at which time action was taken to close the file on Bill 500 , and to defer action. on Bill 500 , Draft 2, for further review and discussion . Draft 2 of the bill had been distributed earlier to committee members . Draft 2 included a new Section 3 to include a statement regarding the pending Unified Impact Fees Ordinance . The property fronts Kaloko Drive, although it is not part of the Kaloko Mauka Subdivision . It is located approximately 1 ,300 feet mauka of the Kaloko Drive-Hawaii Belt Road intersection . Condition E of the bill states that "for the purpose of funding a full channelized intersection with turning lanes at the intersection of Kaloko Drive and Hawaii Belt Road , a payment of $1 ,000 per 1-acre lot, but not to exceed a total of $24 ,000 shall be submitted to the Planning Department for deposit into an escrow account prior to receipt of final subdivision approval . " Similar conditions have been imposed on past rezoning actions in which Kaloko Mauka Subdivision lots were• rezoned from Agricultural A-20a to Agricultural A-3a . The Planning Director stated that "In previous applications , concerns were expressed regarding the current infrastructural capacity to accommodate increased density within the Kaloko Mauka Subdivision . " According to the Department of Water , the applicant has water commitment for the 'proposed 22 lots . Other essential utilities and services are available . PC REPORT No . 397 ADOPTED : NOV 16. 1988 rw ' •} PC- 397 Page 2 October 24 , 1988 The General Plan designates the property as Orchards/Alternate Urban . The State Land Use district classification is Agricultural . The Kona Regional Plan suggests an Agricultural , A-3a zoning for the property . Bill 500 , Draft 2 , was again heard by your Committee at its October 25 , 1988 meeting . Councilman Russell Kokubun raised the following concerns relative to the rezoning request: 1 . There are several lots in the Kaloko Mauka Subdivision that are now zoned Agricultural (A-3a) or larger and rezoning the subject property to Agricultural (A-la ) would set a precedence for other property owners to seek similar zoning. Councilman Kokubun stated that he is not opposed to one-acre subdivisions . He added that if the primary use of a one-acre subdivision is residential , the proper zoning to seek would be Residential and Agricultural (RA-1 ) . He said that he is very concerned about maintaining the integrity of the Agricultural Zone designation . 2 . Chapter 205 of the Hawaii Revised Statute requires that any structure or building , including the dwelling, must be accessory to agricultural activities and that the majority of the property owner 's income must be generated from agricultural activities conducted on the property . 3. Properties zoned Agricultural but are used primarily for residential purposes will generate less property taxes because the property owners may seek agricultural exemptions . If this occurs , the tax assessment will be based on agricultural uses and not on the fair market value of the properties . 4 . Approving the subdivision will only add to the problem currently before the Committee relative to complaints from residents of agricultural subdivisions , of constant noise from fighting cocks . Councilwoman Merle Lai asked the applicant 's representative to explain the extent of impact that the proposed subdivision will have on the existing infrastructure. The representative stated that a deed covenant will be included to limit the number of dwellings per lot to one unit . The representative added that the applicant will be required to pay $1 ,000 per lot , toward a fund which will eventually be used to improve the Kaloko Drive-Belt Highway intersection . Your Committee heard the applicant 's representative testify that: 1 . The subject property is not suitable for agricultural use. The Land Study Bureau 's master productivity rating for the property is D, or poor . 2. The General Plan designates the subject property for alternate urban expansion and orchard use . 3. The applicant is considering ways to limit agricultural uses to help avoid conflicts between residents . • 111 • PC- 397 Page 3 October 24 , 1988 Councilman Kokubun questioned Corporation Counsel as to the legality of imposing deed covenants which would limit agricultural uses on lands zoned Agricultural and, in effect , supersede uses which are allowable under State law. Corporation Counsel stated that he has some concerns and would like to research this matter further . Councilman Kokubun stated that he would like to receive a written opinion . Councilwoman Lorraine Jitchaku-Inouye questioned the applicant 's representative as to whether Draft 2 of Bill 500 includes the 100-foot buffer which the applicant has offered to provide along the frontage of Kaloko Drive . The applicant' s representative answered in the negative . Councilwoman Jitchaku-Inouye stated that the buffer provision should be included in the bill . Councilwoman Jitchaku-Inouye then inquired about the buffer between the subject property and existing Agricultural (A-la ) lots . The applicant 's representative stated that the applicant has proposed the inclusion of such a buffer area . Councilman Kokubun asked Corporation Counsel as to the legality of imposing a deed covenant which would restrict the building of a second or "ohana" dwelling on each lot, contrary to State law and County ordinance which allow the construction of a second unit if certain conditions are met . Corporation Counsel stated that he would like to further research this matter . At the request of Councilwoman Jitchaku-Inouye, Bill 500 , Draft 2 , has been amended with the inclusion of the following two conditions: H) the applicant shall create a 100 foot setback within the subdivided lots fronting Kaloko Drive. The setback area shall be planted with trees compatible with the surrounding area . The applicant shall record with the Bureau of Conveyances or register with the Land Court, as appropriate, a covenant which includes this requirement; I) the applicant shall record a covenant to establish a tree buffer mauka of the old government road to the west of the subject property, provided that selective thinning shall be allowable and that ohia trees will be retained to the extent possible; f S �s r e, 6 PC- 397 Page 4 October 24 , 1988 Your Committee on Planning is in accord with the intent and purpose of Bill No . 500 , Draft 3 , and recommends that it pass first reading . Note: Underscoring is being used in the committee report only and will not appear in Bill 500 , Draft 3 . '—, 104k6$' Pi 7 T KASHI DOMINGO, CHAIRMAN (ABSENT & EXCUSED) CLOW A-__JL-A______) SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER re " .. iv. ' / /r W:2 .., ,itivr,....,4.,,,,e.,(0.62,......„,m-eas' ---.. _-.- 411whi. v SHERWOOD R. H. GREENWELL, MEMBER •RRAIN . A ' AKU-INOU ►' MBER G 4 IeilL �► RUSSELL S. KOK BUN, MEMBERZOI\IMERLE LAI, MEMBER LA/TN