HomeMy WebLinkAboutREP PC 142 07/29/1986 1984-1988 �•� 111 REPORT OF THE 111
COMMITTEE ON PLANNING
DATE: July 29, 1986 Re: Comm. 684
PLACE: Councilroom
TIME: 2: 00 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 223, the
rezoning request of Stephen Zuckerman, Kaloko, North Kona, Hawaii ,
TMK: 7-3-08:67, reports as follows:
Bill 223 amends Section 25-87 , Article 3, Chapter 25 of the
Hawaii County Code, by changing the district classification of
approximately 10.49 acres of land from Agricultural (A-3a ) to
Agricultural (A-la ) .
While the Planning Commission is recommending approval of the change
of zone request, the Planning Director has recommended denial
because: "a recent County Council decision on another change of
zone application has changed the County 's policy regarding the
appropriate land use planning processes within the agricultural
district. "
According to the Planning Department: "The applicant is proposing
to subdivide the subject property into nine 1+ acre lots to create
'rural house lots ' . " The director further stated that the County
Council has indicated that the applicant 's proposal is not
appropriate for the agricultural district and that "the more
appropriate designation to accommodate these uses would be the
State Land Use Rural district and the County's Residential and
Agricultural (RA) zone . As such, the proper procedure for
accommodating the proposed development would be to change the
State Land Use designation from Agriculture to Rural and
subsequently the County zoning designation from Agricultural 3-acre
(A-3a ) to Residential and Agricultural 1-acre (RA-1a ). "
In its comments on the application, the Department of Agriculture
made reference to Section 205-2 of the Hawaii Revised Statutes which
states that residential dwellings constructed on the lots must be
accessory or secondary to agricultural activities .
In reference to the quality of soil on the property, the applicant
stated that according to the Soil Survey of Island of Hawaii , USDA,
1973, the soil found on the property is usually used for pasturage
type of activities and are not found in areas of prime agricultural
land.
PC REPORT No . 142
ADOPTED : AUG 6 t986
a 411 •
pc-142 Page 2 July 29, 1986
Your committee heard testimony from Sidney Fuke, a former
Planning Director of Hawaii County and currently a consultant ,
representing the applicant.
In response to a question from Councilman Russell Kokubun, Mr . Fuke
stated that the Residential and Agricultural zoning designation was
added to the zoning code to complement the Rural classification
which was earlier added by the State as a land use designation.
Mr . Fuke stated that the Rural designation is the least used land
use designation.
Councilman Kokubun stated that the developer has indicated that he
intends to develop rural house lots and not agricultural lots . He
added that this application is similar to the application by
Ahualoa Development, Inc . to rezone lands in Kapaanui, North Kohala.
Councilman Kokubun stated that he is not opposed to having the land
developed; however, in view of the fact that avenues are available
to secure proper State land use designation and County zoning
designation, developers should be required to follow proper
procedures .
Councilwoman Merle Lai stated that purchasers of lots within the
proposed subdivision will not be able to meet the requirement of
Section 205-2 of the Hawaii Revised Statutes. Planning Director
Albert Lono Lyman was asked how this fact would affect the
application. Mr . Lyman stated that this requirement of the law is
not enforced because monitoring compliance is an impossibility.
Councilwoman Lai also stated that since property taxes are based on
State land use designation, property tax valuation will be greater
if the land use designation of the property is changed to Rural and
the County zoning is changed to Residential and Agricultural . When
Mr . Fuke was questioned about this, he stated that several years
ago, the Council acted to change the zoning of a large subdivision
in Kona from Agricultural and Residential because property taxes
would decrease if the lots were rezoned to Residential .
Council Chairman Stephen Yamashiro had also made reference to this
incidence earlier , to members of the committee .
Committee Chairman Takashi Domingo stated that he was in favor of
the application because the property is located within the
Agricultural district and is designated Orchard/Alternate Urban
Expansion by the General Plan. Also, the Kona Regional Plan
suggests 1-3 acre sized lots for this property.
vv
, 411 410
a
,
PC- 142 Page 3 July 29, 1986
Your Committee on Planning agrees with the intent and purpose of
Bill No. 223 and recommends that it pass first reading.
vize-42-4-01-1 i — .
TAKASHI DOMINGO, •M AIRMAN
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SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III , MEMBER
(ABSENT & EXCUSED ) (ABSENT & EXCUSED )
ROBERT N. HERKES, MEMBER LORRAINE R. JITCHAKU-INO YE, MEMBER
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V . USSELL S. KOKUBUN, MEMBER 771K. LAI , MEMBE
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