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HomeMy WebLinkAboutCOM 0519.000 2022-2024Mitchell D. Roth Mayor � ouUN of Pa�aai`t Lee E. Lord Managing Director Robert H. Command Deputy Managing Director (offirP of for mavar 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 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-2023-000044) Request: Family -Agricultural -3 Acres (FA -3a) to Agricultural -5 Acres (A -5a) Applicant: Shawn and Stephanie Ching Tax Map Key: (3) 4-7-007:048; Hamakua, 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 TCouncilChingPL-REZ-2023-000044wpc Enclosures n cc: Planning Department Comm. No. S `� j Ref: To- y1e11 V "� County of HawaiiA is an Equal Opportunity Provider and Employer. Ref. Dot =J.Sm'(N `� 2023 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-2023-000044) Request: Family -Agricultural -3 Acres (FA -3a) to Agricultural -5 Acres (A -5a) Applicant: Shawn and Stephanie Ching Tax Map Key: (3) 4-7-007:048; Hamakua; 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 Family -Agricultural -3 acres (FA -3a) to Agricultural -5 acres (A -5a). The subject property is located at 47-5211 Old Mamalahoa Highway, approximately 0.5 miles southeast of its intersection with Mamalahoa Road, Por. Parker Ranch, Kapoaula, Kamoku, Hamakua, 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 applicants are requesting a Change of Zone from a Family Agricultural -3 acres (FA -3a) zoning district to an Agricultural -5 acres (A -5a) zoning district for 34.559 acres of land. The purpose of this request is to subdivide the property into 6 lots consisting of a minimum size of 5 acres each, which would be the maximum density Hawaii County is an Equal Opportunity Provider and Employer H'wq, Mitchell D. Roth 4oJ�tv'os Dennis Lin, Chair Mayor . . �� ;: Louis Daniele III, Vice Chair :• Lauren Balog Lee E. Lord John Cross Managing Director +r +� E H% Wayne De Luz Y 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-2023-000044) Request: Family -Agricultural -3 Acres (FA -3a) to Agricultural -5 Acres (A -5a) Applicant: Shawn and Stephanie Ching Tax Map Key: (3) 4-7-007:048; Hamakua; 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 Family -Agricultural -3 acres (FA -3a) to Agricultural -5 acres (A -5a). The subject property is located at 47-5211 Old Mamalahoa Highway, approximately 0.5 miles southeast of its intersection with Mamalahoa Road, Por. Parker Ranch, Kapoaula, Kamoku, Hamakua, 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 applicants are requesting a Change of Zone from a Family Agricultural -3 acres (FA -3a) zoning district to an Agricultural -5 acres (A -5a) zoning district for 34.559 acres of land. The purpose of this request is to subdivide the property into 6 lots consisting of a minimum size of 5 acres each, which would be the maximum density Hawaii County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 2 allowed for the requested zoning. According to the applicants, 4 lots will be retained for their family and the remaining 2 lots will be sold to buyers interested in truck crop farming and/or agricultural activities consistent with the proposed A -5a zoning designation. The applicants hope to complete the Change of Zone process as soon as possible and anticipate completing the subsequent subdivision process by the end of 2028. The applicants expect the cost of infrastructure improvements to be approximately $100,000, including installation of water service laterals and related water 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 a Family Agricultural -3 acres (FA -3a) zoning district to an Agricultural -5 acres (A -5a) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 34.559 -acre property has been improved.with an existing dwelling, constructed in the early 1950's, as well as a barn and tack room. The remainder of the property is used intermittently for cattle grazing and cultivation of fruit trees. Surrounding lands are predominantly zoned Agricultural while existing land uses include agricultural uses and vacant land, in addition to dwellings in existing residential and agricultural subdivisions. According to the Zoning Code, the Agricultural zoning district provides for agricultural and very low density agriculturally -based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. The proposed 6 -lot subdivision with lot sizes of a minimum of 5 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 Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 3 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 followinggoals, 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 of public services and utilities, access, and public need. The request also conforms to the following General Plan goals, specific to the District of Hamakua: Assist the further development of agriculture and continue to cooperate with the agricultural sector and other appropriate agencies to provide the necessary services to assist agriculture. . ■ Encourage large landowners to make agricultural lands available for agriculture 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 A -5a .zoning conforms to the LUPAG Map that designates the subject property as Extensive Agricultural (ea), which includes lands not classified as Important Agricultural Land and lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Based on the preceding, the proposed A -5a zoning would effectuate a decrease in density that would be consistent with the LUPAG designation and the land use goals for the island and district. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 4 In addition, the subject property is located within the Hamakua Community Development Plan (HCDP) planning area. The HCDP does not include land use guide maps or policies specific to the area of the subject property. However, by downzoning the property and decreasing the density allowed by zoning, larger, more viable agricultural lots will be created. Thus, the request conforms with the following general HCDP policies and objectives for land use settlement patterns: To reduce rural sprawl and infrastructure costs, focus future residential development in existing villages and towns and seek to preserve large productive agricultural lands for agriculture by accommodating rural -residential development close to urban centers. ■ Protect and restore viable agricultural lands and resources. All essential utilities and services are available to the site. Access to 5 of the 6 lots will be from Old Mamalahoa Highway, a county -owned and maintained roadway with a 20-f6ot pavement within a 60 -foot -wide right-of-way. The remaining lot will be accessed from Waokele Street, a county -owned and maintained roadway with a 10 -foot pavement within a 40 -foot -wide right-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. According to the Department of Water Supply (DWS), water service can be made available from an existing 2 -inch water line within Old Mamalahoa Highway. The applicants have secured water commitments for the proposed 6 -lot subdivision and will be required to maintain those commitments and construct water system improvements meeting DWS standards. Conditions of approval will be included to address the preceding. There is no County sewer system in the area, thus a condition of approval will require the installation of individual wastewater systems meeting State Department of Health regulations. Solid waste will be handled by commercial rubbish haulers or by individual homeowners at authorized landfill sites or transfer stations, all essential utilities are available to the property and the closest police, fire and medical facilities are located nearby in Waimea. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 5 There are no severe geological or topographical problems for the property that cannotbe 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 approximately 10 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 formal archaeological reconnaissance survey, oral history of kama`dina 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), `lo (Hawaiian Hawk), A`eo (Hawaiian Stilt), `Alae ke`oke`o (Hawaiian Coot), Nene (Hawaiian Goose), and Blackburn's Sphinx Moth, in addition to minimizing impacts on seabirds and avoiding 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 property has been used intermittently for cattle grazing and cultivation of fruit trees and has been improved with an existing Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 6 dwelling, constructed in the early 1950's, as well as a barn and tack room. 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 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 a Family Agricultural -3 acres (FA -3a) zoning district to an Agricultural -5 acres (A -5a) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-15 (Hamakua 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. Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 7 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:/lrecords.hawaiicounty.gov/WebLink/l/fol/125158/Rowl.aspx The transcript of the hearing is available for review at the following Laserfiche WebLink address: https://records.hawaiicountygov/WebLink/l/fol/125533/Rowl.aspx 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\LChingPL-REZ-2022-000044wpc Enclosure: Draft Bill cc via email w/draft bill: Sidney Fuke, Planning Consultant Shawn and Stephanie Ching Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel