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HomeMy WebLinkAboutCOM 0687.000 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawairi -Office of the Mayor 25 Aupuni Street; Suite 2603 • Hilo, Hawai'i 96720 • Phone (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 Phone (808) 323-4444 • Fax (808) 323-4440 C) on December 29, 2025 � r �t The Honorable Dr. Holeka Goro Inaba ? r and Members of the County Council I __ County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Dr. Holeka Goro Inaba and Council Members: SUBJECT: Change of Zone Amendment Application (PL-REZ-2025-000086) Amendment to Change of Zone Ordinance No. 02-93 (Amend REZ 985) Request: Amendment to Condition D (Prohibition of Second Dwelling) Applicant: Clemson and Janet Lam Tax Map Keys: (3) 6-2-007:002 and 011(formerly 6-2-007:002),`Ouli, South Kohala Hawaii As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action is the Leeward Planning Commission letter regarding the above -referenced request. Sincerely, WILLIAM V. BRILHANTE, JR. Managing Director TCouncilLamPL-REZ-2025-086 Enclosures cc: Planning Department Comm. No. KI Ref. To: L. Ref. Date IAAL - F 202D V,k\ V k *? County of Hawai'i is an Equal Opportunity Provider and Employer. C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director County of Hawaii Dean An, Chair Donna "Kinuko" Noborikawa, Vice Chair Alexandria "Lexie" Ayers Michael Dela Cruz Rebecca "Kawehi" Inaba Clement "CF Kanuha III Armando Rodriguez LEEWARD PLANNING COMMISSION Aulnmi Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (809) 961-8288 • Fax (808) 961-8742 December 22, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chair Dr. Holeka Goro Inaba and Council Members: SUBJECT: Change of Zone Amendment Application (PL-REZ-2025-000086) Amendment to Change of Zone Ordinance No. 02-93 (Amend REZ 985) Request: Amendment to Condition D (Prohibition of Second Dwelling) Applicant: Clemson and Janet Lam Tax Map Keys: (3) 6-2-007:002 and 011 (formerly 6-2-007:002),`Ouli, South Kohala, Hawaii The Leeward Planning Commission (Commission), at its duly held public hearing on November 20, 2025, considered the above referenced application for an amendment to Condition D, which prohibited construction of a second dwelling unit on the property. Ordinance No. 02-93 changed the zoning district from Agricultural-5 acres (A-5a) to Residential and Agricultural-2 acres (RA- 2a) for a 5-acre parcel. The subject property is located at 62-2039 Kawaihae Road on the east end of the Kamuela Plantation Subdivision, Kamuela, South Kohala, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Director's recommendation. The Commission concurred with the Planning Director's following reasons for a favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print. www.Plannine.hawaiicountv.eov Hmvai`i County is an Equal Opportunity Provider and Employer nlmmine(ahawaiicounty.Rov Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 2 The applicants, Clemson and Janet Lam, are requesting the deletion of Condition D (Prohibition of Second Dwelling) of Change of Zone Ordinance No. 02-93 and replacing it with the following condition language or something similar: `Any restrictive covenant that prohibits the construction of accessory dwelling units on the subdivision parcels is not enforceable provided the proposed accessory dwelling unit has been approved by the Planning Director, and is in compliance with other laws, rules, regulations, and requirements of affected agencies including the Department of Water Supply and the Department of Health. " According to the applicant, the regulatory landscape regarding accessory dwelling units (ADUs) in Hawaii County has significantly evolved since Ordinance 02-93 was adopted. The recent State law permitting ADUs, and the associated Hawai'i County Bill 123 (Ordinance 24-70 dated October 7, 2024), aim to provide more housing options within areas served by adequate infrastructure. According to the applicant, under the updated County and State regulations, an accessory dwelling unit (ADU) is now permitted in both the County's Residential and Agricultural (RA) zoning district and the State Land Use Rural district. The applicant's property location, adjacent to a major roadway and near the town of Waimea, makes it a prime and logical site for the integration of an ADU to help address the pressing need for more housing for local residents and their family members. The applicant is seeking to construct a 1-bedroom accessory dwelling unit and related improvements for their son to reside on this family property. Granting the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 02-93 have not changed. Namely, the RA-2a zoning, which'is consistent with the surrounding, rural, low - density residential land use pattern in the area will not change. As discussed below, it remains consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) map Rural designation and pertinent goals, policies, and actions of the General Plan. Additionally, the proposed amendment will not be contrary coastal zone management requirements under Hawaii Revised Statutes (HRS) 205A, nor will it have a detrimental effect on historical, cultural, and natural resources. The proposed second dwelling will be developed to current building code, connect to an individual wastewater system meeting with the requirements of the State Department of Health, and will be developed with a rainwater catchment tank for water supply. 4._ 1 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council. December 22, 2025 Page 3 All essential utilities and services remain available to the project site. Police and medical services are located nearby in Waimea, approximately 5.5 miles away. There is a volunteer fire station located at the top of Waiula Drive, approximately 2 miles west (makai) of the project site. The nearest manned fire and emergency services stations are also in Waimea and near the South Kohala resort area, approximately 5.5 and 11.4 miles away, respectively. At the time the RA-2a zoning was approved, a primary dwelling could be built by right and a second dwelling could have been built with the issuance of an `Ghana Dwelling permit on each of the subdivided lots, thus doubling residential density. There was a concern by the Planning Department and County Council at the time that this increased density may contribute to a cumulative burden on existing infrastructure (roadways, water, etc.), therefore Condition D was added to prohibit a second dwelling unit on the property. Similar conditions were standard on most rezoning ordinances of that era. The applicant's justification for amending Condition D is based on recent amendments to State law and the County Code, which permit ADUs within the RA zoning district and on lands designated Rural by the State Land Use (SLU) system. The Planning Director concurs that the intent of these legislative changes is to encourage the development of additional housing units overall within Hawaii County and is therefore generally supportive of amending the condition. However, based on the Department's interpretation of State statute, the development of ADUs is not permitted within the SLU Rural District. Pursuant to HRS §46-4.8, Accessory dwelling units on residentially zoned lots; subsection (b) provides that "...each county shall adopt or amend ordinances defining reasonable standards that allow for the construction of at least two accessary dwelling units, or the reasonable equivalent, for residential use on all residentially zoned lots. " However, subsection (i)(1) clarifies that "this section shall not apply to any area outside of the urban district established by Chapter 205. " Moreover, subsection (k) indicates that, ""Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low density residential development, and open space preservation." As the rezone area's RA- 2a zoning is intended for rural, low density residential development, the ADU provision does not appear applicable. While the County has adopted an ADU ordinance under Bill No. 123, which permits the construction of ADUs within the Residential and Agricultural (RA) zoning district, this allowance applies only to properties located within the State Land Use Urban District. Therefore, ADUs are not permitted within the rezone area, which lies in the State Land Use Rural District. V. t Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 4 Despite this limitation, under HRS §205-2(c), "Rural districts shall include activities or uses characterized by low -density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 464(c), in areas where `city -like' concentrations of people, structures, streets, and urban levels of services are absent. " As noted above, HRS §46-4(c) authorizes that, "Each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted. " Considering these statutory provisions and the State and County's legislative intent to promote the development of additional housing units, the Planning Director is inclined to revise the current language in Condition D. The proposed revision would permit the development of one (1) additional single-family dwelling on each of the parcels within the rezone area, unless or until state law authorizes the development of accessory dwelling units (ADUs) in the State Land Use (SLU) Rural District. The preceding would support the applicant's intent to develop a single-family dwelling for his son on their property, which will still be consistent with the low -density, rural residential character of the area. It should be noted that this allowance will also extend to the neighboring property (also subject to Ordinance 02-93), although they are not proposing to develop a second dwelling. Finally, these second dwellings would not be required to be developed or classified as an accessory dwelling unit (ADU) as defined by the zoning code. While the Planning Director supports the replacement of Condition D to allow the construction of a second dwelling on the subject property, he recommends adding a fair share condition on this amendment to address potential impacts on regional infrastructure (roads, wastewater systems, police and fire protection, and public parks) related to the development. It should be noted that no fair share condition was added on the original rezone, thus no fair share was collected for the 2-lot subdivision. Based on the preceding, the proposed request continues to be consistent with the original reasons for granting the change of zone. Granting of the proposed amendment would not be contrary to the General Plan, Community Development Plan or Zoning Code. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The LUPAG designation for the rezone Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 5 area is Rural, which includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from 9,000 square feet to two acres. These "subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The Rural designation does not necessarily mean that these areas should be further subdivided to smaller lots. Most lack the infrastructure necessary to allow further subdivision. While the proposed amendment will allow for the development of an additional dwelling unit on each lot within the rezone area, it will be done at a lower density (1 dwelling unit per roughly 1.66 acres) consistent with the rural density envisioned for the rural designation. Additionally, the request is consistent with the following goals, policies, and actions of the General Plan: LAND USE ELEMENT • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. HOUSING ELEMENT • Attain safe, sanitary, and livable housing for the residents of County of Hcnvai `i. • Maintain a housing supply which allows a variety of choice. • Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires offamilies and individuals. Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 6 Since the area was rezoned, the South Kohala Community Development Plan (SKCDP) was adopted by Ordinance No. 08 159 on December 1, 2008. The subject property is located along Kawaihae Road between the Kawaihae and Waimea communities within an existing subdivision which is not depicted on any of the Conceptual Plans (Waimea, Waikoloa, Kawaihae, or Puak6) in the SKCDP. According to the Department of Water Supply (DWS), each property within the rezone area is currently served by a 5/8-inch water meter, which provides one unit of water with an average daily usage of 400 gallons. DWS has further indicated that the existing water system cannot support or provide additional service beyond current levels. Although the concurrency section of the Zoning Code related to water supply was adopted after the area was rezoned, those requirements only apply to amendment requests seeking an extension of time to fulfill a zoning condition. Since this amendment request does not involve an extension of time, the concurrency requirements for water supply are not applicable. Therefore, it is determined that the additional dwellings may be constructed using water catchment tanks without conflicting with the concurrency provisions of the Zoning Code. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is located approximately 6.2 miles from the nearest shoreline and is not situated within the SMA. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaii State Supreme Court's PASH and 'Ka Pa`akai O Ka ' ina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: No professional floral/faunal or archaeological/cultural studies were submitted with the amendment request as each property in the rezone area has been cleared and improved with a single-family dwelling and related improvements. The valued cultural, historical, and natural resources found in the rezoning area: According to the findings. from the original change of zone application no valued cultural, historical or native resources nor any traditional and customary Native Hawaiian rights were practiced in the area, nor is there any record of designated public access to the shoreline or mountain areas that traverses the property. Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 7 Due to this longtime residential use, it is unlikely that any endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: There is no evidence of any valued cultural, historical, and/or natural resources found on the site, thus to the extent which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. As the applicant is proposing to develop an additional dwelling on the property, the standard zoning condition regarding treatment of inadvertent historical/cultural resource finds on the property will be retained and updated to the new standard condition language. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends that a favorable recommendation to amend Condition D of Ordinance No 02-93 be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 02-93 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill, including updates to conditions to reflect current standard condition language. Material to be deleted is bracketed and struck through; new material is underscored. The Planning Department's background report, recommendation report, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: https•//records hawaiicounty ¢ov/weblink/Browse.aspx?dbid=l&startid=151638. The Commission hearing minutes will be available for review, once a draft is completed, at the following Laserfiche Weblink address: https://records.hawaiicounty.gov/weblink/Browse.asox?dbid=l &startid=148819. Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 8 Should you have any questions, please contact Maija Jackson of this department at (808) 961- 8159 or by email at Maija.JacksonAhawaiicounty.gov. Sincerely, �r^A Dean Au (Dec 22, 202516:03:23 HST) Dean An, Chairperson Leeward Planning Commission Enclosure: Draft Bill LLamPL-REZ-2025-0000861pc cc via email w/enclosure: Margaret Wille, Margaret Wille & Associates, LLLC Clemson and Janet Lam Leeward Planning Commission Planning Director Deputy Corporation Counsel for Planning Department Deputy Corporation Counsel for Planning Commission