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HomeMy WebLinkAboutCOM 0210.000 2022-2024 . ,k ova► Lee E.Lord \��,,I il7„ Managing Director Mitchell D.Roth •:�� lt'' � •II Mayor ''s _ Robert H.Command Deputy Managing Director rE;oF`Hper (flnuufgr f lirziixnf`i ®ffixp of**wit 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 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 • Heather Kimball, Council Chair w ? rcn and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo HI 96720 Dear Chair Kimball and Council Members: ~' • w SUBJECT: Change of Zone Application (PL-REZ-2022-000035) Applicant: Charles Stevenson, Ann Stevenson & John Fumo Request: Agricultural-20 Acres (A-20a) to Agricultural-10 Acres (A-10a) Tax Map Key: (3) 7-3-027:003; 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\2023 COR\2023-01-19\Stevenson&Fumo\Council Packet\TCouncilStevensonFumoPL-REZ-2022-0000351pc Enclosures cc: Planning Department <c” 11 iv%) X10 Comm. No. �� Ref.To: County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date APR 4. 2023 ill JNtY OF~t.Y•,.. Mitchell D.Roth °'•� '-'+ Barbara DeFranco,Chair Mayor .•`�j6i1y '; :•; Zaheva Knowles,Vice Chair Michael Dela Cruz Lee E.Lord •:= Clement"CJ"Kanuha III Managing Director o.N•,119' Mahina Paishon-Duarte Michael Vitousek County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 March 17, 2023 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-2022-000035) Applicant: Charles Stevenson,Ann Stevenson &John Fumo Request: Agricultural-20 Acres (A-20a) to Agricultural-10 Acres (A-10a) Tax Map Key: (3) 7-3-027:003; North Kona, Hawaii The Leeward Planning Commission, at its duly held public hearing on January 19, 2023, considered the above-referenced application for a Change of Zone from Agricultural-20 acres (A-20a) to Agricultural-10 acres (A-10a). The subject property is located at 73-4375 Haleamau Street, approximately 570 feet northeast (mauka) of its intersection with Kaloko Drive, Kaloko Mauka Subdivision, Kaloko,North Kona, Hawai`i. The Commission voted to forward a favorable recommendation to the County Council based on the Deputy Planning Director's recommendation, with new added language to Condition D.3. The new language added: For new structures proposed after the effective date of this ordinance. 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 applicants are requesting a Change of Zone from Agricultural-20 acres (A-20a) to Agricultural-10 acres (A-10a) to subdivide the property into 2 lots approximately 11.3325 acres each in size. The primary purpose for the requests is to create a 2-lot subdivision to establish fee simple ownership of the property. The property Hawaii County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council County of Hawaii March 17, 2023 Page 2 currently consists of 2 existing single-family dwellings. If the requested rezone is approved, the applicant proposes to subdivide the property into 2 lots, each of which will accommodate one of the 2 existing single-family dwellings. No additional improvements to the subject property are currently being proposed by the applicants. 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 consistent with 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 Agricultural (A-20a) to the Agricultural (A-10a) zoned district will conform to the goals, policies and standards of the General Plan. 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 property is designated Important Agricultural Land, which are lands with better potential for sustained high agricultural yields because of the soil type, climate, topography, or other factors. However, the subject property is primarily native forest and therefore it is preferable to maintain the forest than to convert the property to agricultural uses. The proposed Change of Zone will conform to, among others, the following goals and policies of the Natural Resources Element of the General Plan: • Protect rare or endangered species and habitats native to Hawai`i. • Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as excessive soil compaction and excessive removal of vegetative cover should be minimized and mitigated consistent with management strategies that encourage the retention of existing forested and pasture areas, reforestation, minimal coverage by impervious surfaces and other strategies that encourage effective infiltration to groundwater. • Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals. • Create incentives for landowners to retain and re-establish forest cover in upland watershed areas with emphasis on native forest species. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 17, 2023 Page 3 Among the most significant of the island's natural resources are upland forests that provide the essential groundwater recharge areas. All groundwater sources in North and South Kona ultimately depend on recharge that primarily occurs in a band between the 1,500- and 5,500-foot elevations. In the lower part of this band, rainfall dominates from approximately the 1,500- to 3,000-foot elevation. In the upper part of this band, above the 3,000-foot elevation, fog that collects on trees and drips to the ground is a major contributor to the aquifer. In recognition of the importance of the mauka Kona area for watershed and other environmental values, the County Council established a policy in Resolution No. 330-96 (1996) that no lands in North or South Kona above 2,500 feet in elevation (except in the existing Kaloko Mauka Subdivision) should be rezoned to lot sizes less than 20 acres, without a corresponding reduction in density on contiguous lands. In Kaloko Mauka, the Council found that the concerns could be mitigated by specific rezoning conditions which would require that at least 80% of the property be kept in forest cover, in the area above 3,000 feet in elevation (Resolution No. 58-97). One of the conditions included in Resolution No. 58-97 was to restrict the number of dwellings to one per lot. The Deputy Planning Director recommends a restriction against a second dwelling on each lot to minimize the density of development in the native forest, similar to a condition included with other past rezones in the subdivision. Conditions of approval will be included to meet the forest cover and density requirements of the resolutions mentioned above. The subject property consists of native forests with a few alien plant species that are continually managed to reduce the negative impact on the native trees in conjunction with the Forest Management Plan. The property also inhabits a variety of native/alien birds and mammals. However, based on the request and conditions of approval consistent with Resolution No. 58-97, it will assure the continuation of habitat for the existing forest and wildlife. The Kona Community Development Plan (CDP) includes similar goals as the General Plan regarding preservation of natural resources and native species, as well as watershed protection. With implementation of these conditions, the request will conform to the goals and policies of the General Plan and Kona CDP. All utilities and services are available to the site. The proposed access to the property is from Haleamau Street which is a County owned and maintained roadway with a 22-foot-wide pavement with grass shoulders within an 80-foot right-of-way. The Department of Public Works (DPW) Engineering Division advise that all construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 17, 2023 Page 4 Since the mid 1990's, funds have been set aside in a fair share account for the County and/or State to improve the Kaloko Drive-Mamalahoa Highway intersection, which is a "T" configuration intersection located about three miles below the subject property. The current fund balance for this intersection is approximately$647,880.45. The Department of Transportation(DOT)has previously shown concern about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has previously recommended the following improvements at the intersection due to the additional traffic and activity on the roads from the cumulative effect of the land use change: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. The DOT, DPW, and the Planning Department have created a working group to determine what improvements are needed at the Mamalahoa Highway-Kaloko Drive intersection. DOT planned to complete a traffic impact analysis report in Fall 2022 after which the working group would meet again to decide how the fair share funds could be best utilized to make those improvements. The roadway improvements are essential since similar change of zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. Previous rezones in the subdivision have included a condition of approval requiring that the fair share fee paid for regional impacts to transportation, park, police, fire, and solid waste facilities be allocated for the County and/or State to improve the Kaloko Drive - Mamalahoa Highway intersection. A condition of approval will be included to continue to require fair share fees be contributed for the improvement of this intersection. According to the applicant, no further units of water will be necessary to support the proposed 2-lot subdivision. The Department of Water Supply (DWS) is currently servicing the 2 existing single-family dwellings on the subject property with 2 existing water meters fronting the parcel. The 2 dwellings on the property are currently being serviced by their own individual wastewater systems that were previously approved by the State Department of Health (DOH). Solid waste will continue to be handled by the applicants and disposed of at a designated transfer station or the West Hawai`i Sanitary Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 17, 2023 Page 5 Landfill. The Federal Emergency Management Agency Flood Insurance Rate Map FIRM designates the property as Zone "X," an area determined to be outside of the 500- year g P p Y floodplain. All other essential utilities and services are available to the subject J property and is currently supporting the existing single-family dwellings. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located about 6 miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. The property does contain significant natural resources in that it is heavily forested with native species that provide a food source to several native and endangered bird species. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawai`i Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 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 professional archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with residential development and 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: The Department is not aware of any cultural or historic resources on the property. According to the applicant, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property. Most of the property is covered in native forest. According to the State Department of Land and Natural Resources - State Historic Preservation Division (SHPD), only a small area of the project site has been impacted by the development of two existing dwellings, no archaeological inventory survey has been conducted within the subject parcel and no historic properties have been previously identified. SHPD's determination is that no historic properties will be affected, however they request the opportunity to review future permits for the subject property. Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 17, 2023 Page 6 Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted due to the already impacted residential development and no further ground disturbance proposed. Feasible actions to protect native Hawaiian rights: According to the applicant, no 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. An inadvertent find condition will be added in the unlikely event resources are discovered on the property. Lastly, this favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Agricultural zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, 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 favorable recommendation; 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 above findings, approval of the Change of Zone request from an Agricultural-20 acres (A-20a) to an Agricultural-10 acres (A-10a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (North and South Kona 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. 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, PowerPoint presentation, and public testimony are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/weblink/1/fol/120866/Row 1.aspx • Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 17, 2023 Page 7 The transcripts of the hearing and public testimony are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/weblink/1/fol/121640/Row1.aspx Sincerely, Ea-ba-a DeTranco Barbara DeFranco(Mar 17,2023 15:15 HST) Barbara DeFranco, Chairperson Leeward Planning Commission \\COH01\planning\public\wp60\PC\PCC2023-1\LStevensonFumoPL-REZ-2022-0000351pc Enclosure: Draft Bill cc via email w/encl.: Mr. John Pipan, Land Planning Hawai`i, LLC Mr. Charles Stevenson Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Sinclair Salas-Ferguson, Esq., Deputy Corporation Counsel