HomeMy WebLinkAboutREP PC 243 09/21/1987 1984-1988 REPORT OF THE
COMMITTEE ON PLANNING
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DATE: September 21 , 1987 Re: C-1260
PLACE : C oun ci l r oom
TIME: 1 :30 p .m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No . 414 ,
regarding the rezoning request of Frank De Luz III and Joseph Arbles ,
Kaumana , South Hilo , Hawaii , TMK: 2-5-02 :22 , reports as follows:
Bill No . 414 amends Section 25-114 , Article 3 , Chapter 25 of the
Hawaii County Code , by changing the district classification of
approximately 6 .215 acres of land from Agricultural (A-20a ) to
Agricultural (A-1a ) .
Councilman Frank De Luz informed your Committee that he owns a 50%
interest in the subject property . Committee Chairman Takashi Domingo
informed Councilman De Luz that he will not be allowed to vote on
this matter .
The subject property fronts Kaumana Drive and is located mauka of
Kaumana Estates Subdivision .
The applicant plans to subdivide the property into six 1-acre lots
and construct single family dwellings on three of the six lots .
The General Plan designates the area as Orchards/Alternate Urban
Expansion . The Hilo Community Development Plan recommends retention
of the A-20a zoning designation . The State Land Use Commission
classifies the land as Agricultural .
The Land Study Bureau 's overall master productivity rating for
agricultural use is Class "E" or Very Poor . The property is not
classified according to the Agricultural Lands of Importance to the
State of Hawaii (ALISH ) system .
The Department of Agriculture stated, "According to the application ,
there is no existing agricultural use of the parcel and the
applicants are not creating smaller agricultural lots but residential
lots . If the intent of the change of zone is to provide lots that
are residential in nature, this would be violative of Section 205-2
of the Hawaii Revised Statutes which requires that any dwellings
constructed on the proposed lots be accessory to an agricultural
activity . "
PC REPORT N0 , 243
ADOPTED : OCT 7 1987
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PC- 243 Page 2 September 21 , 1987
Councilman Russell Kokubun asked Norman Hayashi of the
Planning Department as to whether or not the applicant was advised
that a Residential and Agricultural zone designation would be a more
appropriate designation for the subject property . Mr . Hayashi
replied in the negative and added that they simply processed the
application as submitted by the applicant .
Councilman Kokubun inquired as to whether the department has
developed a procedure to use the authority the counties now have to
unilaterally change State Land Use designations involving properties
15 acres or smaller . Mr . Hayashi replied that they do .
Councilman Kokubun asked whether the department has a procedure for
advising applicants who may wrongfully apply for an Agriculture
(A-la ) zoning when a Residential and Agricultural (RA-1 ) zoning would
be a more appropriate designation . Mr . Hayashi stated that they have
not as yet developed such a procedure .
Mr . Kokubun informed Mr . Hayashi that the proper procedure would have
been to redesignate the State Land Use designation to Rural or Urban
because the subject property is classified as Very Poor for
agricultural use; is not classified by the Agricultural Lands of
Importance to the State of Hawaii system; the applicant has stated
that he plans to create residential lots and not agricultural lots
and the Department of Agriculture has stated that if the intent of
the rezoning is to create residential lots , this would, as mentioned
earlier , be in violation of Sec. 205-2, HRS .
Councilman Kokubun added that the County should have used its
authority to change the State Land Use designation because the County
has always contended that it should be given more home rule and that
the Land Use Commission is unnecessary because the counties are now
capable of planning and implementing their own land use policies .
As suggested by Committee Chairman Takashi Domingo , your Committee
has amended Bill 414 to add the following statement to the condition
involving the granting of time extension: "if the applicant should
require an additional extension of time , the Planning Director shall
submit the applicant 's request to the County Council for appropriate
action ."
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PC-243 Page 3 September 21 , 1987
Your Committee on Planning is in accord with the intent and purpose
of Bill No . 414 , Draft 2 , and recommends that it pass first reading .
Note: Underscoring is used in this committee report only and will
not appear in Draft 2 of Bill No . 414 .
vC1,411444,.
TAKASHI DOMINGO, CHA MAN
(Mr. De Luz declared a conflict of
/ ) interest and abstained from voting)
SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER
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ROBERT N. HERKES, MEMBER •RRA NE R. J HAKU-IN YE, MEMBER
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RUSSELL S. KOKUBUN, MEMBERM LE K. LAI , MEMB. R
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