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HomeMy WebLinkAboutCOM 0590.000 2022-2024(iD Lee E. Lord Mnuµ,u, D... Mitchell D. Roth ` Robert H. Command Or lr Vano Dii"ror Onuufv3 of�tuf[Ttti`i (Offirr of t4e_9Ulapr 25 Aupunl Street, Suite 2603 • Hilo, Hawai'196720 • (808) 961-8211 • Fax (808) 961 6553 KONA 74-5044 Ana Keohok3lole Hwy., Bldg C • Kailua-Kona. Haven 1 96740 (808)323-4444 • Fax (808) 323-4440 October 19, 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-2023-000048) Request: Agricultural— 3 Acres (A-3a) to Single -Family Residential- 20,000 Square Feet (RS-20) Applicant: Constance [mamura Tax Map Key: (3) 2-4-079:002; South Hilo, Flawai`i As required by Chapter 7, Sec. 6-7.5 (a)(3), 1lawai61 County Charter, transmitted herewith for the County Councils consideration and action are the Windward Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, MITCHELL D. ROTH Mayor TCnuncillmann,m PI. REZ-2021-000048., Enclosures cc: Planning Department Comm. No. 4� G CJIII �0, 7 Ralf. To: L _ Count'-.,IHaewi wan Equal Oppnnumry'n—dcrand Empt,ar Ref.Do% Mitchell D. Roth id"" � Dennis Lin, Chair floor y1 Louis Danide IIh Vice Chair Lauren Bakt, Lee P. Lord / John Cross Il.n gGnq Dnenur r — - �Wayne De Luz Channel Perrin County of Hawaii WINDWARD PLANNING COMMISSION AI1911N C'No • 101 Paioh. $,rein IL 1 3 • Hila_ Hann, i 967_11 Phony N091961-82H • FuctftoR1"1-874'- October 13, 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-2023-000058) Request: Agricultural-3 Acres (A-3a) to Single -Family Residential — 20,000 Square Feet (RS-20) Applicant: Constance Imamura "fax Man Kcv: (3) 24-079:002: South Hilo, Hawaii The Windward Planning Commission, at its duly held public hearing on October 5. 2023, considered the above -referenced application for a Change of Zone from Agricultural — 3 acres (A-3a) to Single-family Residential — 20.000 square feet (RS-20) for 23.012 square feet of land. The subject property is located at 1212 West Kawailani Street. approximately 190 feet west (mauka) of its intersection with Puhau Street, Waiakea Homesteads. South Hilo. I Iawai'i. 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 Deputy 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 Single-family Residential-20 square feet (RS-20) zoning district fora 23.012-square foot portion of a larger 5.1 acres of land. The primary purpose of the request is to subdivide the prupcoN into two lots. to establish fec-simple oancrship of the'U12- square foot land area that the existing dwelling resides on, and then sell the remaining [h—,,('nwrcis an E,u1OoOonumtr hro doru,d E,,Ap,, Heather Kimball. Council Chair and Members of the County Council October 13, 2023 Page 2 approximately 4.5-acre, vacant lot. An additional purpose is to alleviate the hardship of maintaining the entire 5-acre parcel. The applicant aims to obtain all necessary permissions and permits by mid-2024. The cost associated with the subdivision will be minimal, as it only involves subdividing the land to allow the existing single-family dwelling to be situated 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 Single -Family Residential-20,000 square feet (RS-20) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject 5.1-acre property is rectangular in shape and is located along the north side of Kawailani Street. the property is improved with one permitted single-family dwelling built in 1963 and is surrounded by ornamental plants. The remainder of the property consists of heavy vegetation and an overgrown orchard containing macadamia nuts. coffee. and other non-native trees and shrubs. Surrounding properties consist of single-family dwellings. vacant lands, and agricultural uses. fhe parcel immediately to the north is zoned Open, to the west is zoned Agricultural-3 acres, and to the east a mix of Agricultural-3 acres and Single -Family Residential-20.000 square feet. The parcels to the south, across Kawailani Street, are zoned Single -Family Residential-10,000 square feet. According to the Zoning Code. the Single -Family Residential zoning district provides for lower or low and medium density residential use. for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. Thus- the proposed subdivision to create a 23.0 1 2-square foot parcel is consistent with the proposed zoning and surrounding land use pattern. 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. induso,, agriculture. and upon space. and to coordinate these uses with the County's service and circulation systems. 'I overall goals, policies and standards are set forth to Heather Kimball, Council Chair and Members of the County Council October 13, 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 following goals, policies, and standards of the General Plan Land Use Element: • Designate and allocate (and uses in appropriate proportions and mix and in keeping with the .social, cultural, and physical environments ofthe ( ountr. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and Cormh. • Zoning requests shall be reviewed with respect to General Plan designation. district goads, regional plans. State Land Use Dislrhl, compaiibili-I with adjacent zoned a.se.s, at ailabilih� of public services and initiates. access, and public need • Designate and allocate single-fonill residential zoned lands at ratitng densities for fiaure use in accordance with the needs of the communities and the stated goals, policies, and.slandards. 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. I he LUPAG Map establishes the basic urban and non -urban form for areas within the County. fhe proposed RS-20 zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban (Ida). 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 (IICDP) area. The HCDP was adopted by resolution No. I 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 properly is off Kawailani Street. which is a County-otvned and maintained paved roadway within a 40-foot-wide right-of-way fronting the property. Access to the proposed larger lot of the 2-lot subdivision will be provided by an existing reciprocal casement (casement A and f3) off K:mailani Street along the property's eastern boundary. The easement may require improvements upon subdivision approval to comply with Heather Kimball, Council Chair and Members of the County Council October 13, 2023 Page 4 prevailing codes. The City of Hilo /one 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 Department of Public Works (DPW), Engineering Division recommends that the applicant provide improvements to the Kawailani Street frontage consisting of but not limited to, pavement widening with paved shoulders and swales, drainage improvements, and any required utility relocation meeting the requirements of the Americans with Disabilities Act. DPW also recommends the installation of streetlights and traffic control devices as may be required by the Department of Public Works, Traffic Division. which the applicant shall be responsible for the design, purchase, and installation of Such devices. However, given that the 23,012-square foot rezone area has been developed with a dwelling since 1963, the Deputy Planning Director is not requiring the DPW recommended improvements. Instead. the Deputy Planning Director recommends that a 10-foot-wide road widening strip along the Kawailani Street frontage of the property be set aside and delineated on the subdivision plans. Further, that all structural setbacks be taken from this future road widening line. This recommendation by the Deputy Planning Director is consistent with a rezone request approved by the County Council in 2021 (Ordinance No. 21-64. dated October 6, 2021) fora property located approximately 3.400 feet cast of the subject property. In that rezone. the DPW and Planning Director recommended improvements to the Kawailani Street frontage but the County Council removed the condition because there was a dwelling on the property kith existing access to Kawailani Street and the newly created lots would be accessed via Further. the approved ordinance condition was supported by a letter dated February 9. 2023. from the Department of Public Works stating that they have no objections to the proposed amendments. Conditions of approval will be added to address the preceding. The Department of Water Supply (DWS) is currently servicing the existing single-family dwelling on the subject property with one 5/R-inch water meter fronting the parcel. County water is available to support the proposed 2-lot subdivision. DWS notes that should this rezoning request be approved, the applicant will be required to submit construction plans and design calculations prepared by a professional engineer for review and approval. and to construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. Conditions of approval will be added to address the preceding. there is no municipal sewer system servicing the subject area. The existing single-family dwelling on the subject property is currently being serviced by its own individual wastewater systems. Should any new dwellings, such as an ohana dwelling, be constructed on the future PS -zoned lot resulting from the proposed suhdivision. the Department of Environmental Management (DEM) notes that the applicant shall follow Heather Kimball, Council Chair and Members of the County Council October 13, 2023 Page 5 DOH regulations for wastewater systems. A condition of approval will be added to address the preceding. The subject property is located approximately 2.0 miles from the nearest police station on KapioIani Street and approximately 1.5 miles from the nearest 5re station off 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. A fair share contribution to mitigate project impacts to regional roads_ parks and public services is not required for the proposed rezone request, as there is an existing dwelline in the rezone area and no additional lots will be created within the rezone area. The proposed rezoning and subsequent 2-lot subdivision request will not trigger the affordable housing requirement in the Housing Code (Chapter 11. Article I. Hawaii County Code) since less than 4 lots will be created. Therefore, the applicant does not need approval by the Administrator of the Office of (lousing and Community Development prior to Final Subdivision Approval. 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 TEMA). Although the applicant is not proposing further development at this time, 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, Frosion 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 3 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. 'I hus, 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" Heather Kimball. Council Chair and Members of the County Council October 13, 2023 Page 6 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 the residential and agricultural development. No further ground disturbance is proposed. "fhe 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-SIIPD) 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 applicant. 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. should the applicant further develop the subject property. Lastly. this recommendation is made with the understanding that the applicant remain responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its coin mencentent 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 uctiou b, thr Planning Department and/orthe affected agencies. Heather Kimball. Council Chair and Members of the Count,, Council October 13, 2023 Page 7 Based on the preceding findings, the request to rezone a 23,012-square foot portion of a larger 5.1-acre property from an Agricultural-3 acres (A-3a) zoning district to a Single-Familv Residential-20,000 square feet (RS-20) 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: hops: chl ink l'Ibl: l21i 10'RoN, La�py The transcript of the hearing is available for review at the following Laserfiche WebLink address: hltprAA'eb1_i nk'I'Ld L`5511'Ro)) Lazm Should there be any questions, please feel free to contact Planning Program Manager. Matta Jackson at (808) 961-8159. Sincere[) ndobcu 13, 2023 Dennis Lin. Chairman Windward Planning Commission Pn,,60 PC PCCnai-I, IJmamuraPLRF7-2IP2 W )1134,➢, Enclosure: Draft Bill cc via email ")draft bill: John Pipan. Land Planning Hawaii Department of Public Works Department of Water Supply Jean Campbell. Esq.. Deputy Corporation Counsel Suzanna Tiapula. Esq.. Deputy Corporation Counsel cc via US mail w/draft bill: Constance Imamura