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HomeMy WebLinkAboutCOM 0097.000 2022-2024 JNgV OF•`•':cif• Lee E.Lord Managing Director Mitchell D.Roth Mayor Robert H.Command �r•�: '�'���irf os Mra+ Deputy Managing Director Gunfv of Patual"i (Offi rr of for,, afar 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 January 19, 2023 ' nom.f Heather Kimball, Council Chair and Members of the County Council County of Hawaii k 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Members: SUBJECT: Change of Zone Application (PL-REZ-2022-000030) Request: Agricultural—3 Acres (A-3a) to Single-Family Residential— 15,000 Square Feet(RS-15) Applicant: Matthew C. Wung and Eric J. Wung Tax Map Key: (3) 2-4-003:035,Waiakea, South Hilo, 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 Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MI CHELL D. ROTH Mayor TCounci l WungPL-REZ-2022-000030wpc Enclosures cc: Planning Department 4 Comm. No. 1' Ref. To: .ARC RefDate LOB County of Hawaii .is an Equal Opportunity Provider and Employer. _�,. Mitchell D.Roth �o�`' ''y, Dennis Lin,Chair Mayor Louis Daniele III,Vice-Chair :+ Gilbert Aguinaldo Lee E.Lord Lauren Balog Managing Director s �a ., ► John C. Cross orf df N►Mi Wayne De Luz County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 January 18, 2023 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hl 96720 Dear Chair Kimball and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2022-000030) Request: Agricultural—3 Acres (A-3a) to Single-Family Residential— 15,000 Square Feet(RS-15) Applicant: Matthew C. Wung and Eric J. Wung Tax Map Key: (3)2-4-003:035, Waiakea, South Hilo,Hawaii The Windward Planning Commission (Commission), at its duly held public hearing on January 6, 2023, considered the subject application for a Change of Zone from an Agricultural-3 acres (A-3a) to a Single-Family Residential-15,000 square feet (RS-15) zoning district for approximately 3.1285 acres of land. The property is located at 862 West Kawailani Street, approximately 1,000 feet west of its intersection with Komohana Street, Waiakea, South Hilo, Hawaii. The Commission voted to forward a favorable recommendation to the County Council for the application based on the Planning Director's recommendation. The Commission concurs with the following Planning Director's reasons for favorable consideration of the request: The applicants are requesting a Change of Zone from an Agricultural-3 acre (A- 3a) zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district for 3.1285 acres of land. The purpose of this request is to subdivide the property into five lots ranging in size from 20,080 to 45,363 square feet. However, based on the size of the lot and the proposed RS-15 zoning, up to nine lots could be created through subdivision. According to the applicants, one lot will be designated to each of the two Hawaii County is an Equal Opporttmoq Provider and Employer Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 2 owners and the remaining three lots will be owned by the applicants as part of their plan of distribution. The applicants anticipate the Change of Zone process to take approximately six months and the subsequent subdivision process to take another six months. The applicants expect costs of both processes to include consultant and attorney's fees and costs, filing and application fees, surveyor's expenses, installation of water infrastructure, and other incidentals. 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 acre (A-3a) zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 3.1285-acre property is mostly rectangular in shape with a narrowed rectangular segment on the southern portion of property, located at 862 West Kawailani Street, and contains five structures. The existing permitted one-bedroom residential dwelling was completed in 1973 and remains occupied, along with a permitted open carport which was built in 1991. There are also two other garages and a frame utility shed on the property. The garages were built in 1955 and 1992. The utility shed was built in 1992. The property has been held by four generations of the applicants' family since the 1900s. Surrounding lands to the north, northwest, and south are zoned Agricultural 3- acre (A-3a) and each contain dwellings. West of the subject property is an undeveloped 6-acre parcel zoned Single-Family Residential 10000-square feet (RS-10). To the east there is a Department of Water Supply water tank facility and a residential subdivision zoned Single-Family Residential 15,000-square feet(RS-15). According to the Zoning Code, the Single-Family Residential (RS) zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having adequate facilities to carry out the above stated purpose. Thus, the proposed five lot subdivision with lots ranging in size from 20,080 to 45,363 square feet is consistent with the proposed zoning and surrounding land use pattern. Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 3 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. ■ 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-15 zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban (Idu), which allows for residential uses, with ancillary community and public uses as well as neighborhood and convenience-type commercial uses. The overall residential density may be up to six (6) units per acre. Based on the preceding, proposed RS-15 zoning would effectuate an increase in density that would be consistent with the LUPAG designation and the land use pattern of the surrounding area. Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 4 In addition, the subject property is located in the Hilo Community Development Plan (HCDP) area as adopted in 1975. The Land Use Concept Map of the RCDP reflects RS-10 and RS-15 zoning for this area, which is consistent with the proposed change of zone for the subject property. All essential utilities and services are available to the site. The subject property is currently accessed via West Kawailani Street, a county-owned and maintained paved roadway within a 40-foot-wide right-of-way fronting the property. 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 applicants are proposing access to four of the five proposed lots to be by way of South Kumuwaina Place, also a county-owned and maintained paved roadway, with the fifth lot maintaining current access by way of West Kawailani Street. The Department of Public Works (DPW) notes that all driveway connections and construction within the Kawailani Street and South Kumuwaina Place right-of-way shall conform to Hawaii County Code and access shall meet DPW approval. DPW recommends that the applicants provide improvements to the subject property's Kawailani Street frontage within the established future road widening setback meeting the approval of DPW. Conditions of approval will be added to address the preceding. Given the small scale and scope of the project, a TIAR was not performed. According to the applicants, the proposed change of zone and 5-lot subdivision is expected to generate much less than the 50 peak-hour trip benchmark in the concurrency section of the zoning code. According to the Department of Water Supply (DWS), water service can be made available to the subject property from an existing 6-inch waterline along Kumuwaina Place and an existing 8-inch waterline along Kawailani Street. Conditions of approval will require the applicants to pursue and maintain water commitment 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. The subject property is not currently serviced by the County sewer system. The applicants notes that there is no municipal sewer service to the property and that individual wastewater systems will be necessary for any new residential construction. Any new individual wastewater systems will meet requirements of the Department of Health regulations. The preceding will be added as a condition of approval. Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 5 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 Hilo. A condition of approval will be included to require the applicants 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 determined to be outside the 500-year flood plain, 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 over two (2) 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, 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 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 formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided recommendations to mitigate potential impacts on endangered or threatened species that may occur in the project area, specifically the `Ope`ape`a (Hawaiian Hoary Bat), `Io (Hawaiian Hawk), Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot (Fulica alai), Hawaiian Duck (Anas wyvilliana), and Hawaiian Goose (Branta sandvicensis), in addition to Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 6 minimizing the spread of invasive species. A condition of approval will be included to address the recommendations provided by DOFAW. ■ The valued cultural, historical, and natural resources found in the rezoning area: According to the applicants, the majority of the property has remained vacant and historically used for occasional pasture and an occupied one-bedroom dwelling. 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 but does request the opportunity to review any future permit applications that may involve ground disturbance for lots created within the current parcel. ■ 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 applicants, 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. Lastly, this recommendation is made with the understanding that the applicants 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. Based on the preceding findings, the request to rezone the property from an Agricultural-3 acre (A-3a) zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district would result in an appropriate land use pattern that would further benefit the general public, Heather Kimball, Council Chair and Members of the County Council County of Hawaii January 18, 2023 Page 7 The accompanying draft bill to amend Section 25-8-33 (City of Hilo 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. 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 Planning Department's Background report, Recommendation report, and PowerPoint presentation are available for review at the following Laserfiche Weblink address: The draft transcript of the hearing when it is available for review will be at the following Laserfiche Weblink address: httrs,///1,e c o rd s.ha wa i i R wvv I asRx Sincerely, Dennis Lin, Chairman Windward Planning Commission P\wp60\PC\PCC2023-I\WungPL-REZ-2022-030wpc I Enclosure: Draft Bill cc via email w/enclosure: Ronald N. Kim, Esq., Law Office of Yeh & Kim, LLLC Matthew Wung Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Sinclair Salas-Ferguson, Esq., Deputy Corporation Counsel