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HomeMy WebLinkAboutCOM 0050.000 2022-2024 o�ta^.®F k!!y ao ?, Lee E.Lord y�,6rx. Managing Director Mitchell D.Roth Mayor __ Robert H.Command r�rF W. * Depzrty Managing Director ffirr Of# r avar 25 Aupuni Street,Suite 2603 Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 Fax(808)323-4440 December 20, 2022 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa, Esq. Request: Agricultural-5 Acre (A-5a) to Family Agricultural-1 Acre (FA-1a) Tax Map Key: (3) 7-7-008:062; North Kona, 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 are the Leeward Planning Commission's letter and enclosure regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor C:\Users\nsauer\Documents\PC\2022 COR\2022-11-17\Nakoa\Council Packet\TCouncilNakoaPL-REZ-2022-0000171pc Enclosures cc: Planning Department Comm. No. Ref. To- County of Hawaii is an Equal Opportunity Provider and Employer. Ref, oato—DEC 3 201' Mitchell D.Roth Michael Vitousek,Chair Mayor Barbara DeFranco,Vice Chair Michael Dela Cruz Lee E.Lord Clement"CJ"Kanuha III Managing Director Zaheva Knowles Mahina Paishon-Duarte County of Hawai'i .7 LEEWARD PLANNING COMMISSION Aupuni Center - 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720 Phone(808)961-8288 - Fax(808)961-8742 December 19, 2022 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa,Esq. Request: Agricultural-5 Acre(A-5a)to Family Agricultural-1 Acre(FA-1a) Tax Map Key: (3) 7-7-008:062; North Kona, Hawaii The Leeward Planning Commission, at its duly held public hearing on November 17, 2022, considered the above-referenced application for a Change of Zone from Agricultural-5 acres (A-5a) to Family Agricultural-1 acre (FA-1a). The subject property is located at 77-6632 A Kuakirti Highway, approximately 0.25 miles northwest of its intersection with Kamehameha III Road, Pdhoehoe 1"-Kapalaalaea 2,d(Beach Sec.),North Kona, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Deputy Planning Director's recommendation. The Commission concurred with the following Deputy Planning Director's reasons for favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print: The applicant is requesting a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA-1a) zoning district for 5.29 acres of land. The purpose of this request is to subdivide the property into three lots consisting of a minimum of one acre each. The applicant is a Court-Appointed Partition Commissioner, who has been vested and authorized by the Third Circuit Court to subdivide the subject property in to three lots consisting of a minimum of one acre each, as required by the Stipulated Order Hawaii County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council County of Hawai'i December 19, 2022 Page 2 Adopting Commissioner's Report #1, filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision was filed on December 28, 2021. The parties to the Order are the landowners of the subject property. The Order concluded that, "Given the parties long-standing connection to the property and their desire to retain interests in the property, it is just and equitable to order that the Property be subdivided and partitioned in kind into three lots." The Order directs the applicant to perform the three-lot subdivision and encourages the County of Hawaii Planning Department, Department of Public Works and all other relevant government agencies to facilitate the Commissioner's efforts to subdivide the subject property in the manner set forth in the Order. According to the applicant, the subdivision process will begin immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2023 and estimates the cost of the project to be minimal based on the small scale of necessary improvements. 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-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA-la) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 5.29-acre property is generally rectangular in shape, located makai of Kuakini Highway, and is currently vacant of any structures except an approximately 330-square foot shed. According to the applicant, an older dwelling previously situated on the east side of the property has been tom down. The property has a gradual downward slope from the southeast to the northwest, situated at an elevation from 560 to 350 feet above sea level. There is an existing 60-foot-wide road easement from Kuakini Highway along the entire northern frontage of the property, established in 1987 as part of Subdivision No. 5535. The Deputy Planning Director recommends that structures shall not be constructed within the existing road easement unless the applicant is able to properly remove the easement. The preceding will be added as a condition of approval. Surrounding lands are zoned A-5a to the west and south, RS-15 to the north, and RS-10 on the east side of Kuakini Highway. Surrounding land uses are primarily residential, with lot sizes ranging from 7,500 to 15,000 square feet and developed with single-family dwellings. The agriculturally zoned lots to the west and south of the Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 19, 2022 Page 3 property are vacant and undeveloped, and there is a 288-acre, RS-10 zoned property located further south that is not yet developed. According to the Zoning Code, the Family Agricultural district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. Thus, the proposed three lot subdivision with a minimum lot size of one acre each is consistent with the proposed zoning. 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 and Economic Elements: ■ 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 of public services and utilities, access, and public need. 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 FA-la zoning conforms to the LUPAG Map that designates the subject property as Urban Expansion (ue), which allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Based on the preceding, proposed Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 19, 2022 Page 4 FA-1 a zoning would effectuate an increase in density that would be consistent with the ue LUPAG designation and the land use pattern of the surrounding area. In addition, the proposed change of zone is consistent with the Kona Community Development Plan(KCDP) as amended in 2019, which designates the property within the Kona Urban Area (KUA), and adjacent to the Kahalu'u Neighborhood Transit Oriented Development (TOD) area on the Official Concurrency Map. The subject property falls within Concurrency Zone M, although there are no concurrency roadways designated in the vicinity of the subject property. Furthermore, the proposed development can be considered "Infill" development as defined in the KCDP as it is situated directly to the south of the Alii Heights Subdivision directly to the north. All essential utilities and services are available to the site. The subject property is currently accessed via Kuakini Highway (State Route 11), a State-owned and maintained highway. According to the State Department of Transportation (DOT), the state highway is a principal arterial roadway intended for through traffic and new driveways introduce conflict points. In order to reduce the potential for a conflict point on Kuakini Highway, DOT requests that the applicant consider limiting access to Pomaika'i Street, a County-owned and maintained roadway with a right-of-way of 50 feet and pavement width of approximately 30 feet. In response, the applicant states that access to the parcels will be from Pomaika`i Street where possible, however as the lot layout has not been finalized, the applicant requests to retain the possibility of access to Kuakini Highway for one of the proposed lots. Given the available safe access from Pomaika'i Street, the Deputy Director recommends that the applicant comply with the request from DOT to not allow access from Kuakini Highway, with the expectation that a planting screen easement will be established during final subdivision approval. A condition of approval will be added that prohibits access from individual lots to Kuakini Highway. According to the Department of Public Works-Engineering Division (DPW), all driveway connections to Pomaika'i Street must conform with Chapter 22, County Streets of the Hawaii County Code, and access must include the provision of adequate sight distance meeting with the approval of DPW. The preceding will be added as conditions of approval. Given the small scale and scope of the proposed project (fewer than 50 peak hour vehicle trips), no Traffic Impact Analysis Report (TZAR) requirement was triggered under Zoning Code concurrency requirements. According to the Department of Water Supply (DWS), the subject property is currently served by an existing 5l8-inch water meter, which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. The applicant Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 19, 2022 Page 5 secured an additional two units of water, which will be made available from an existing 6-inch waterline within P6maika`i Street fronting the subject parcel. Conditions of approval will require the applicant to maintain the two additional water commitments until such time as the required water facilities charges are paid in full and that final subdivision approval will be subject to compliance with the requirement to construct any necessary water system improvements. According to the Department of Environmental Management (DEM), the subject property is within 300 feet of the county sewer system and the proposed subdivision therefore requires extension of the sewer system, in accordance with Section 23-85 (Subdivision Code) of the Hawaii County Code. Based on the preceding, the Deputy Planning Director recommends that the development project connect to the County sewer system, meeting with the approval of DEM. The preceding will be added as a condition of approval. Solid waste will be disposed of at authorized transfer stations, all essential utilities are available to the property and the closest police, fire and medical facilities are located nearby in Kailua-Kona. A condition of approval will be included to require the applicant to meet all applicable County, State and Federal laws, rules, regulations, and requirements. 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 of minimal flood hazard) on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). 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 0.8 miles from the nearest shoreline and is situated within the Special Management Area (SMA). According to the applicant, an SMA assessment application for the proposed three-lot subdivision will be submitted should the change of zone be approved. Since the subject property is not adjacent to the shoreline, it 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, historic resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Heather Kimball, Council Chair and Members of the County Council County of Hawai'i December 19, 2022 Page 6 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 Paakai 0 KaAina" 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: An Archeological Survey (AIS) of a 32-acre parcel, including the subject property, was completed by Hammatt et al. in 1987 and an archaeological field inspection (FI) report titled, Archaeological Field Inspection Letter Report for Nakoa Proposed Rezone, Kapala'alaea 2nd Ahupita'a, North Kana District, Island o Hawai'i; TMK (3) 7-7-08.-062 If (Scheffler, May 2022). • The valued cultural, historical, and natural resources found in the rezoning area: The Hammatt et al. 1987 survey identified 51 historic properties, 15 of which are located on the subject property, including a burial, a platform, six terraces, five agricultural complexes, and two previously identified sites. Two sites were assessed as significant under criterion d and were recommended for no further work and none of the sites were recommended for preservation. However, according to SHPD, the Hammatt survey does not meet current standards for an archeological inventory survey as defined in Hawaii Administrative Rules (HAR) 13-276 and SHPD requested that an archeological field inspection (FI) be conducted of the subject property to determine if undocumented historic properties exist in the project area. Subsequently, the applicant provided an FI report which identified one historic property, an agricultural complex, assessed as significant under criterion d and recommended for data recovery. Additionally, the FI report indicated that a historic house structure and auxiliary shed, both damaged by fire and cleared in 2018, and three historic graves within a burial plot have all been impacted by recent bulldozing. Based on the recommendation of the Fl, SHPD requested that an archeological inventory survey(AIS) be conducted for undisturbed portions of the project area prior to any ground disturbing activities and that an AIS report be submitted to SHPD for review and acceptance prior to initiation of any project related work. Additionally, SHPD requested that consultation associated with the encountered burials occur and be documented as part of the requested AIS, and a State Inventory of Historic Places (SIHP) Site # request be submitted for the burials. Once assigned an SIHP Site#, the burials shall be subject to burial treatment in a separate plan. In response to SHPD, the applicant requested to complete the AIS requirements after the proposed change of zone and subdivision of the subject property, allowing each Heather Kimball, Council Chair and Members of the County Council County of Hawai'i December 19, 2022 Page 7 individual landowner of the proposed parcels to fund an AIS prior to any proposed ground disturbance. In response to the applicant's request, SHPD conducted a brief field inspection of a portion of the property on October 28, 2022, during which remnants of SIHP sites were observed, including a complex, terrace and platform. Additionally, SHPD personnel observed potential terraces and a platform that were not previously identified. Based on this information, SHPD indicated that while they have no objection to the current request for a change of zone, they request the opportunity to review future permits for the subject parcel and/or future subdivided parcels that may include ground disturbance. Based on the request from SHPD, the Deputy Planning Director recommends that an AIS be conducted of the subject parcel and/or future subdivided parcels and that an AIS report be submitted to SHPD for review and acceptance prior to any building permit and/or ground disturbing activities. The preceding will be added as a condition of approval. ■ Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which are addressed by the archeological Fl and the recommended condition to conduct an AIS prior to any ground disturbing activity, the impairment of other valued resources on the property is unlikely. ■ Feasible actions to protect native Hawaiian rights: 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, in addition to the AIS mentioned above, 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. 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 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. Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 19, 2022 Page 8 Based on the preceding findings, the request to rezone the property from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA-1a) zoning district would result in an appropriate land use pattern that would further benefit the general public. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. The accompanying draft bill to amend Section 25-8-6 (Kailua-Honalu Urban 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. The Planning Department's Background report, Recommendation report, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: lit hazvallccrwitv.2ovveblink 1 1 fbi'l 18604 RoN,\ 1 a-:.-; Transcripts of the hearing are available for review at the following Laserfiche WebLink addresses: Application Hearinglztt �ecc�rcls_1 a��raiicc unt}r.�c71'1veblin1 ;1;'doc !20266 1Iaget.a_Tx Public Testimonyhtt 1ccrls.lal ��iiczzznt .�c�� czl?ll� k;1, 1� `l2()?€5,`Pa{�e1.a �v Sincerely, Rl?hae` I,?ichael Vitou ek 3i Dec.19,2922 1129 HST) Michael Vitousek, Chairman Leeward Planning Commission \\COHO 1\planning\public\wp6O\PC\PCC2022-4\LNakoaPL-REZ-2022-0000171pc Enclosure: Draft Bill cc via email w/encl.: Mr. John Pipan, Land Planning Hawaii, LLC Shawn Maile Nakoa, Esq. Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Sinclair Salas-Ferguson, Deputy Corporation Counsel A-5a -A RA-3a 1- Rs-10 RS-20 0 R o RS-20 Q A a R10 Q" R RS-15 C 9 LARLORRU -10 5- 5 S RS- L A- a R - AGRICULTURAL(A-5a)I RS 15 FAMILY AGRICULTURAL(FA-1a) 5.29 ACRES ... R FA-2a FA-2a - 0 i i G R5 15 1 � A-5n A-5a 18,439.04'S FG 12,621.21'E 9� RS- °KAILUA" ti 1 A-5a fG 1 1 1 RS-10 _ 5-15 ( i A-5a OPEN I W-3.5 i o 1 r Feet 0 700 1,400 2,100 2,800 3,500 AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN 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 (A-5a) TO FAMILY AGRICULTURAL (FA-1a) AT KEAUHOU, NORTH KONA, HAWAII MAP PREPARED BY: TMK:(3)7-7-008:062 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 14,2022 Shawn Nakoa EXHIBIT"A" Map: 1438