HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2023-000048) RlmamuraREZ.cm.9.18.23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
CONSTANCE IMAMURA
CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000048
Upon careful review of the request against the guidelines for granting a change of zone,
the Deputy Planning Director is recommending that a favorable recommendation of the Change
of Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony,the Deputy Planning Director reserves the right to modify
and/or alter this position based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from an Agricultural-3 acres (A-3a)
to a Single-Family Residential-20 square feet (RS-20) zoning district for a 23,012-square
foot portion of a larger 5.1 acres of land.The primary purpose of the request is to subdivide
the property into two lots,to establish fee-simple ownership of the 23,012-square foot land
area that the existing dwelling resides on, and then sell the remaining approximately 4.5-
acre,vacant lot. An additional purpose is to alleviate the hardship of maintaining the entire
5-acre parcel. The applicant aims to obtain all necessary permissions and permits by mid-
2024. The cost associated with the subdivision will be minimal, as it only involves
subdividing the land to allow the existing single-family dwelling to be situated on its own
parcel.
In order to consider an area for any type of zoning designation,the applicable goals,
policies, and standards of the General Plan must be adequately addressed. It is only through
such a comprehensive policy analysis approach that evaluations and decisions can be made
to better time and stage developments to achieve growth determined by the General Plan
and related planning documents. The implications of these evaluations and decisions must
also be considered as they may have an impact on similar areas in the County.
The Change of Zone request from an Agricultural-3 acres (A-3a) zoning
district to a Single-Family Residential-20,000 square feet (RS-20) zoning district
conforms to applicable goals, policies, and standards of the General Plan. The subject
5.1-acre property is rectangular in shape and is located along the north side of Kawailani
Street. The property is improved with one permitted single-family dwelling built in 1963
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and is surrounded by ornamental plants. The remainder of the property consists of heavy
vegetation and an overgrown orchard containing macadamia nuts, coffee, and other non-
native trees and shrubs.
Surrounding properties consist of single-family dwellings, vacant lands, and
agricultural uses. The parcel immediately to the north is zoned Open, to the west is zoned
Agricultural-3 acres, and to the east a mix of Agricultural-3 acres and Single-Family
Residential-20,000 square feet.The parcels to the south, across Kawailani Street,are zoned
Single-Family Residential-10,000 square feet.
According to the Zoning Code, the Single-Family Residential zoning district
provides for lower or low and medium density residential use, for urban and suburban
family life. It applies to areas having facilities, and to carry out the above stated purpose.
Thus, the proposed subdivision to create a 23,012-square foot parcel is consistent with the
proposed zoning and surrounding land use pattern.
The General Plan is intended to be used as a policy guide for the coordinated growth
and development of all sectors of the County. It sets forth goals, policies, standards, and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture,
and open space, and to coordinate these uses with the County's service and circulation
systems. The overall goals,policies and standards are set forth to physically plan the lands
in the County in the best interest of the island's residents. Land Use is one of the principal
focal points of public concern and policy. The Land Use Element provides the primary
basis for direct control and guidance of publicly and privately owned resources. The
request conforms to the following goals, policies, and standards 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.
■ Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region, and County.
■ Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
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■ Designate and allocate single-family residential zoned lands at varying densities
for future use in accordance with the needs of the communities and the stated goals,
policies, and standards.
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 proposed RS-20 zoning conforms to the LUPAG Map that designates the
subject property as Low Density Urban (ldu). Ldu designated properties are residential,
with ancillary community and public uses, and neighborhood and convenience-type
commercial uses; overall residential density may be up to six units per acre. The subject
property is located within the Hilo Community Development Plan (HCDP) area. The
HCDP was adopted by resolution No. 1 by the Hawaii County Planning Commission on
May 21, 1975, and identifies the property as situated within the South Hilo Agriculture
Area.
All essential utilities and services are available to the site. Access to the subject
property is off Kawailani Street,which is a County-owned and maintained paved roadway
within a 40-foot-wide right-of-way fronting the property. Access to the proposed larger lot
of the 2-lot subdivision will be provided by an existing reciprocal easement (easement A
and B) off Kawailani Street along the property's eastern boundary. The easement may
require improvements upon subdivision approval to comply with prevailing codes. The
City of Hilo Zone Map proposes a 60-foot-wide future road right-of-way for Kawailani
Street in this area, therefore, a 10-foot-wide future road widening strip along the frontage
of the subject property will be required. The Department of Public Works (DPW),
Engineering Division recommends that the applicant provide improvements to the
Kawailani Street frontage consisting of,but not limited to, pavement widening with paved
shoulders and swales, drainage improvements, and any required utility relocation meeting
the requirements of the Americans with Disabilities Act. DPW also recommends the
installation of streetlights and traffic control devices as may be required by the Department
of Public Works, Traffic Division,which the applicant shall be responsible for the design,
purchase, and installation of such devices.
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However, given that the 23,012-square foot rezone area has been developed with a
dwelling since 1963,the Deputy Planning Director is not requiring the DPW recommended
improvements. Instead, the Deputy Planning Director recommends that a 10-foot-wide
road widening strip along the Kawailani Street frontage of the property be set aside and
delineated on the subdivision plans. Further, that all structural setbacks be taken from this
future road widening line. This recommendation by the Deputy Planning Director is
consistent with a rezone request approved by the County Council in 2021 (Ordinance No.
21-64, dated October 6, 2021) for a property located approximately 3,400 feet east of the
subject property. In that rezone, the DPW and Planning Director recommended
improvements to the Kawailani Street frontage but the County Council removed the
condition because there was a dwelling on the property with existing access to Kawailani
Street and the newly created lots would be accessed via Further, the approved ordinance
condition was supported by a letter dated February 9, 2023,from the Department of Public
Works stating that they have no objections to the proposed amendments. Conditions of
approval will be added to address the preceding.
The Department of Water Supply (DWS) is currently servicing the existing single-
family dwelling on the subject property with one 5/8-inch water meter fronting the parcel.
County water is available to support the proposed 2-lot subdivision. DWS notes that should
this rezoning request be approved, the applicant will be required to submit construction
plans and design calculations prepared by a professional engineer for review and approval,
and to construct all necessary water system improvements required by DWS prior to the
issuance of Final Subdivision Approval. Conditions of approval will be added to address
the preceding.
There is no municipal sewer system servicing the subject area. The existing single-
family dwelling on the subject property is currently being serviced by its own individual
wastewater systems. Should any new dwellings, such as an ohana dwelling,be constructed
on the future RS-zoned lot resulting from the proposed subdivision, the Department of
Environmental Management(DEM)notes that the applicant shall follow DOH regulations
for wastewater systems. A condition of approval will be added to address the preceding.
The subject property is located approximately 2.0 miles from the nearest police
station on Kapolani Street and approximately 1.5 miles from the nearest fire station off
Haihai Street. A condition of approval will be included to require the applicants to meet all
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applicable County, State and Federal laws,rules,regulations, and requirements.
A fair share contribution to mitigate project impacts to regional roads, parks and
public services is not required for the proposed rezone request, as there is an existing
dwelling in the rezone area and no additional lots will be created within the rezone area.
The proposed rezoning and subsequent 2-lot subdivision request will not trigger the
affordable housing requirement in the Housing Code (Chapter 11, Article 1, Hawai`i
County Code) since less than 4 lots will be created. Therefore,the applicant does not need
approval by the Administrator of the Office of Housing and Community Development prior
to Final Subdivision Approval.
There are no severe geological or topographical problems for the property that
cannot be properly rectified, or which would render the land unusable. The subject
property is in an area designated as Zone"X, an area determined to be outside the 500-year
flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal Emergency
Management Agency (FEMA). Although the applicant is not proposing further
development at this time, a condition of approval will be added to require that all
development generated runoff will be disposed of on-site and not directed toward any
adjacent properties and all earthwork activity, including grading, grubbing, and
stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code. Thus, the proposed change of zone meets this
criterion.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 3 miles from the nearest shoreline, is not situated within the Special
Management Area, and will not be impacted by coastal hazards and beach erosion. There
are no identified recreational resources or public access to the shoreline or mountain areas,
scenic and open space preserves, coastal ecosystems, marine resources, or historic
resources in the area. Thus,the proposed request and use of the property will not adversely
impact those resources.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights.In view of the Hawaii State Supreme Court's"PASH" and
"Ka Pa`akai O Ka Aina" decisions, the issue relative to Native Hawaiian gathering and
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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 archaeological and cultural
study was conducted of the property as the subject property has been previously
impacted by ground-disturbing activities associated with the residential and
agricultural development.No further ground disturbance is proposed. The Planning
Department has no record of any cultural or historic resources on the property.
■ The valued cultural, historical, and natural resources found in the rezoning area:
According to the applicant, there are no known valued cultural, historical, and
natural resources to be found in the rezoning area. The Department of Land and
Natural Resources—State Historic Preservation Division (DLNR-SHPD)provided
no objections to the requested change of zone application and stated that no historic
properties will be affected for the proposed rezone.
■ Possible adverse effect or impairment of valued resources: There is no evidence of
any possible adverse effects or impairments that will occur to any valued resources.
■ Feasible actions to protect native Hawaiian rights- As stated by the applicant, no
known gathering is taking place on the site. Thus, to the extent to 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. However, a condition of approval will be added for the protection of
inadvertent finds should any remains of historic sites, such as rock walls, terraces,
platforms,marine shell concentrations or human burials be encountered, should the
applicant further develop the subject property.
Lastly, this recommendation is made with the understanding that the applicant
remain responsible for complying with all other applicable governmental requirements in
connection with the proposed use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permit, 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.
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Based on the preceding findings, the request to rezone a 23,012-square foot portion of
a larger 5.1-acre property from an Agricultural-3 acres (A-3a) zoning district to a Single-
Family Residential-20,000 square feet(RS-20)zoning district would result in an appropriate
land use pattern that would further benefit the general public.
The accompanying draft bill to amend Section 25-8-33 (Hilo District Zone Map), Article
8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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MsV Of N
COUNTY OF HAWAI`I STATE OF HAWAI`I
OF•K�I�
BILL NO.
ORDINANCE NO. (Planning Department)
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT 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—3 ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL—20,000
SQUARE FEET (RS-20) AT HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-4-079:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L-
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Hilo, Hawaii, shall be
Single-Family Residential—20,000 square feet(RS-20):
Beginning at the southeast corner of this parcel of land, and on the north side of
Kawailani Street,the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI"being 12,479.67 feet South and 2,112.24 feet
West, and running by azimuths measured clockwise from True South:
1. 850 40' 121.00 feet along the north side of
Kawailani Street;
2. 1750 40' 190.18 feet along Lot A;
3. 2650 40' 121.00 feet;
4. 3550 40' 190.18 feet along Lot B-2-1 to the point of
beginning and containing an area of
23,012 square feet.
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All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended),the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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CImamuraREZ.CM.9.15.23
CONSTANCE IMAMURA
CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000048
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns ("Applicant") shall be responsible for
complying with all of the stated conditions of approval.
B. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five (5) years from the effective date of this ordinance.
C. Prior to issuance of Final Subdivision Approval, the Applicant shall designate in
writing which lot within the proposed subdivision will be assigned the existing
water service, show the existing meter locations with the meter numbers on the
plat map submitted for subdivision review, and, if necessary, relocate the existing
water meter or service lateral, meeting with the approval of the Department of
Water Supply.
D. Prior to issuance of Final Subdivision Approval, the Applicant shall remit a water
commitment deposit to the Department of Water Supply (DWS) in accordance
with Rule 5 of the DWS Rules and Regulations. The Applicant is responsible for
maintaining valid water commitments to support the proposed development until
such time that required water facilities charges are paid in full.
E. All earthwork activities including grading, grubbing, and stockpiling shall
conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County
Code.
F. Access to the proposed lots shall meet with the approval of the Department of
Public Works.
G. All development-generated runoff shall be disposed of on-site and not directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and the recommended drainage system shall be constructed meeting
with the approval of the Department of Public Works prior to the issuance of
Final Subdivision Approval.
H. A 10-foot-wide road widening strip along the Kawailani Street frontage of the
property shall be set aside and delineated on the subdivision plans. All structural
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setbacks shall be taken from this future road widening line.
L The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the Department of Land and Natural Resources - State
Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
L. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements for the proposed development.
M. An initial extension of time for the performance of conditions within the
ordinance may be requested in accordance with Section 25-2-44 of the Hawaii
County Code.
N. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-33 (CITY OF HILO DISTRICT 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- 3 ACRES (A-3a)TO
SINGLE-FAMILY RESIDENTIAL - 20,000 SO. FT. (RS-20)
AT HILO, HAWAI'I
MAP PREPARED BY:
TMK:(3)2-4-079:002 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:July 20,2023
Constance Imamura
EXHIBIT"A„
Map: 1457