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HomeMy WebLinkAboutCOM 0518.000 2022-2024Mitchell D. Roth Mayor C�ounN of "4.afxal`i Lee E. Lord Managing Director Robert H. Command Deputy Managing Director Offirr of for nVor 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 9 Fax (808) 323-4440 September 20, 2023 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Members: SUBJECT: Change of Zone Application (PL-REZ-2023-000046) Request: Agricultural -3 Acres (FA -3a) to Family -Agricultural -1 Acre (FA -1a) Applicant: Sandra Kaneshiro Tax Map Key: (3) 2-2-048:092; Pana`ewa Farm Lots, 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, MITCHELL D. ROTH Mayor TCouncilKaneshiroPL-PFZ-2023-000046wpc . Enclosures r p cc: Planning Department Comm. No. Ref. To County of Hawaii is an Equal Opportunity Provider and Employer. R@F•.:Date ��"iU. q p `� �o�� <[�W i,t.3 SUBJECT: Change of Zone Application (PL-REZ-2023-000046) Request: Agricultural -3 Acres (FA -3a) to Family -Agricultural -1 Acre (FA -1a) Applicant: Sandra Kaneshiro Tax Map Key: (3) 2-2-048:092; Pana`ewa Farm Lots, 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, MITCHELL D. ROTH Mayor TCouncilKaneshiroPL-PFZ-2023-000046wpc . Enclosures r p cc: Planning Department Comm. No. Ref. To County of Hawaii is an Equal Opportunity Provider and Employer. R@F•.:Date ��"iU. q p `� �o�� Mitchell D. RothoJNv`os "''� •..�, Dennis Lin, Chair Mayor :•; - \,Ii : Louis Daniele III, Vice Chair •' Lauren Balog Lee E. Lord John Cross Managing Director ,,: �N �/ Wayne De Luz _OF Chantel Perrin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 September 15; 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-2023-000046) Request: Agricultural -3 Acres (A -3a) to Family -Agricultural -1 Acre (FA -1a) Applicant: Sandra Kaneshiro Tax Map Key: (3) 2-2-048:092; Pana`ewa Farm Lots, South Hilo, Hawaii The Windward Planning Commission, at its duly held public hearing on September 1, 2023 considered the above -referenced application for a Change of Zone from Agricultural -3 acres (A - 3a) to Family -Agricultural -1 acre (FA -la). The subject property is located at 605 Makalika Street, approximately 540 feet southwest (mauka) of its intersection with Railroad Avenue, Pana`ewa Farm Lots, South Hilo, 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: The applicant is requesting a Change of Zone from an Agricultural -3 acres (A -3a) to a Family Agricultural -1 acre (FA -la) for 3.16 acres of land. The primary purpose for the request is to subdivide the property into 2 lots at a minimum of 1.4 acres each. Each Hcnvai'i County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 2 lot will accommodate one of the 2 existing single-family dwellings, to establish fee- simple ownership of the property. The applicant anticipates the subdivision to be approved within 3 years of the requested rezone approval. The cost associated with the subdivision will be minimal, around $20,000, as it only involves subdividing the land so that each existing single-family dwelling is 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 Family Agricultural -1 acre (FA -la) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject 3.16 -acre property is improved with two permitted single-family dwellings built in 1987 and several related accessory structures. The remainder of the property consists of an extensive landscape and an expansive lawn at the rear of the property. Surrounding properties consists of single-family dwellings, vacant lands, and agricultural uses. According to the Zoning Code, the Family Agricultural zoning 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 and is intended to be in areas designated as being within the State land use agricultural district. The proposed 2 -lot subdivision with lot sizes of a minimum of 1.4 acres is consistent with low density, agriculturally based residential use, thus the request is consistent with the surrounding land use pattern and the intent of zoning designation. 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. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 3 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 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 (RCDP) area. The Hilo CDP 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 Makalika Street, which is a County -owned and maintained road with an 18 -foot -wide pavement and unimproved shoulders within a 50-foot-wideright-of-way. The Department of Public Works (DPW) notes that all driveway connections and construction shall conform to Hawaii County Code and access shall meet DPW approval. Conditions of approval will be included to address the preceding. The Department of Water Supply. (DWS) is currently servicing the 2 existing single-family dwellings on the subject property with one existing water meter fronting the parcel. DWS notes that should this rezoning request be approved, the applicant will be subject to submit construction plans and design calculations prepared by a professional engineer for review and approval. The applicant will also be required to construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. Conditions of approval will be included to address the preceding. There is no municipal sewer system servicing the subject area. The two existing single-family dwellings on the subject property are currently being serviced by their own individual wastewater septic systems that were previously approved by DOH. The subject property is located approximately 4.5 miles from the nearest police station on Kapiolani Street and approximately 2.8. miles from the nearest fire station on Haihai Street. 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 Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 4 . 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 4 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 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: 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 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 Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 5 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 acres (A -3a) zoning district to a, Family Agricultural -1 acre (FA -la) 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. - 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:Hrecords.hawaiicounty.gov/WebLink/l/fol/125159/Rowl.gWx The transcript of the hearing is available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/l/fol/125534/Rowl.gWx Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 6 Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at (808) 961-8159. Sincerely, September 15, 2023 09:09 AM Dennis Lin, Chairman Windward Planning Commission P\wp60\PC\PCC2023-3\LKaneshiroPL-REZ-2022-000046wpe Enclosure: Draft Bill cc via email w/draft bill: Daryn Arai, Land Use Planning Consultant Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel