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HomeMy WebLinkAboutCOM 0407.000 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Haivai i - Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 Phone (808) 323-4444 • Fax (808) 323-4440 o n July 14, 2025 C n c C= �n o -� nc--) y i- The Honorable Chairman Holeka Goro Inaba r , :j> and Members of the County Council - County of Hawaii -" 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: SUBJECT: Change of Zone Application (PL-REZ-2025-000075) Request: Single -Family Residential-15,000 Square Feet (RS-15) to Single Family Residential-10,000 Square Feet (RS-10) Applicant: Douglas and Shelley Uyeda Tax Map Key: (3) 2-4-011:153, 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 is the Windward Planning Commission letter regarding the above -referenced request. Sincerely, Managing Director TCouncilUyedaPL-REZ-2025-075 Enclosures cc: Planning Department .4W13? County of Hawaaz i is an Equal Opportunity Provider and Employer. Comm. Ref. To: Ref. late C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 July 13, 2025 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chair Dr. Holeka Goro Inaba and Council Members: Louis Daniele III, Chair Chantel Perrin, Vice Chair Lauren Balog Wayne De Luz JoNelle Fukushima Gordon Takaki SUBJECT: Change of Zone Application (PL-REZ-2025-000075) Request: Single -Family Residential-15,000 Square Feet (RS-15) to Single Family Residential-10,000 Square Feet (RS-10) Applicant: Douglas and Shelley Uyeda Tax Map Key: (3) 2-4-011:153, Waiakea, South Hilo, Hawaii The Windward Planning Commission (Commission), at its duly held public hearing on July 3, 2025, considered the above -referenced application for a Change of Zone from a Single -Family Residential-15,000 square feet (RS-15) zoning district to a Single -Family Residential-10,000 square feet (RS-10) zoning district for 21,778 square feet of land. The subject property is located at 461 Kehaulani Street, approximately 770 feet south of its intersection with West Kawailani Street, Waidkea, South Hilo, Hawaii. The Commission voted to send a favorable recommendation to the County Council based on the Planning Director's recommendation. The applicants are requesting a Change of Zone from a Single -Family Residential-15,000 square feet (RS-15) zoning district to a Single -Family Residential- 10,000 square feet (RS-10) zoning district for a 21,778-square-foot parcel of land. The RS zoning district, with a minimum area required for each building site of 10,000 square feet, would allow a maximum density of 2 building sites (lots). www.planning.hawaiicounty.sov Hawaii County is an Equal Opportunity Provider and Employer planning(a hawaiicounty.gov Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii July 13, 2025 Page 2 The purpose of the rezoning request is to allow for the subdivision of the 21,778 square -foot property into two lots, each with a minimum lot size of 10,000 square feet. This subdivision would separate the two existing single-family dwellings currently located on the property, enabling each dwelling to exist on its own lot. This change is primarily intended for estate planning purposes and does not involve any new development or changes to the existing use of the property. Upon approval of the rezoning request, the applicant plans to promptly file a subdivision application. Approval is anticipated within three years from the effective date of the requested zone change. As the applicant proposes a simple, two lot subdivision, the cost is estimated at $20,000. It should be noted that a Fair Share condition is typically included in change of zone application recommendations to address the impacts of increased residential development on newly created lots. However, in this case, the proposed zone change is intended solely to allow each existing dwelling to be placed on its own individual lot, without increasing overall residential density. Therefore, a Fair Share condition is not applicable. 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 Single -Family Residential-15,000 square feet (RS-15) zoning district to a Single -Family Residential-10,000 square feet (RS-10) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject property is a 21,778-square-foot rectangular lot, level in topography, and situated at an elevation of 20 feet. It has been developed with two single- family homes: one is a 1,388 square -foot, 3-bedroom dwelling built in 1952, and the other is a 2,046-square-foot, 3-bedroom dwelling built in 1987 under Ohana Dwelling Permit No. 86-0092. Both homes are accessed via separate paved driveways from Kehaulani Street and the property is extensively landscaped. If the change of zone request is approved, the second dwelling on the property would be outright permitted given the proposed RS-10 zoning and lot size. Based on the preceding and for record keeping purposes, a condition of approval will require the Planning Director to formally revoke the Ohana Dwelling Permit upon successful rezoning. Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii July 13, 2025 Page 3 The surrounding properties within the Waiakea Homesteads are predominantly zoned as Single -Family Residential (RS-10 and RS-15) and are primarily used for single- family housing. 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 and policies of the General Plan Land Use Element: 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 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 subject property is designated Low Density Urban (ldu) by the LUPAG Map which includes residential uses, 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 proposed zoning from RS-15 to RS-10 will comply with this designation. The Hilo CDP designates the property and surrounding area as single-family residential, thus the proposed RS-10 zoning is consistent with this designation.. All essential utilities and services are available to the site. Access to the subject property is from Kehaulani Road, a County -maintained roadway with a roughly 16-foot- wide pavement and unimproved grass shoulders within an approximately 40-foot-wide Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii July 13, 2025 Page 4 right-of-way. There are existing, paved driveway accesses to each of the existing dwellings on the property. There was no Traffic Impact Analysis Report (TIAR) included with the application as the proposed project does not meet the 50 peak -hour trip threshold to require a TIAR. Although the Department of Public Works (DPW) did not submit formal comments on this application regarding the potential widening of Kehaulani Street, Chapter 23 (Subdivision), of the Hawaii County Code requires a 50-foot right-of-way for minor streets, including Kehaulani Street. As such, a condition of approval will require the landowners or subdividers to show a 5-foot-wide future road widening setback on subdivision plans and to subdivide and dedicate this land area to the County at no cost upon DPW's request. According to the Department of Water Supply (DWS), County water is currently servicing the two existing single-family dwellings via 2 existing water meters fronting the subject parcel. DWS indicates that the subdivision plat map will be required to show the existing services with the account or meter number indicated. The preceding will be added as a condition of approval. There is no municipal sewer system servicing the subject area. The two dwellings on the property are currently being serviced by existing, permitted cesspools. Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. Since no construction -related activities are associated with the requested action, all solid waste generated is domestic, household trash. Police, fire and medical services are available nearby in Hilo. Electrical and telephone services are available to the site. A condition of approval will require the applicant 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). Additionally, the property has already been improved with two dwellings and no new construction is planned, thus the proposed change of zone meets this criterion. Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii July 13, 2025 Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately 2 miles from the nearest shoreline, it is not situated within the Special Management Area and will not be impacted by coastal hazards and beach erosion. There is no designated public access to the mountains or the shoreline that runs through the property. The proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. 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: As the subject property has been developed for residential use since 1952, no formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or floral/faunal studies were included in the application or found in Planning Department records. The valued cultural historical, and natural resources found in the rezoning area: No known archeological or historical features exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. According to the applicant, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Finally, the likelihood of any rare or endangered animal species, habitat or flora on the property is remote given the long developed, urban nature of the property and surrounding area. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property and surrounding urban environment. Feasible actions to protect native Hawaiian rights: 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. That said, as the proposed zoning could allow the Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawai `i July 13, 2025 Page 6 development of accessory dwelling units (ADUs) on each proposed lot, a condition will be added requiring consultation with SHPD should historic resources be inadvertently discovered during construction. Lastly, this recommendation is made with the understanding that the applicant remains 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 permits, 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 Single - Family Residential-15,000 square feet (RS-15) to a Single -Family Residential-10,000 square feet (RS-10) 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 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. The Planning Department's background report, recommendation report, and PowerPoint presentation are available for review at the following Laserfiche Weblink address: https://records.hawaiicoupty_.g_ov/weblink/Browse.aspx?dbid=l &startid=149051 Please note that pursuant to Ordinance No. 24-87 and Section 25-2-42(c)(4) of HCC, a report on surrounding properties within 300 feet of the subject property can be found in the Planning Department Background Report as Exhibit 3. The Commission meeting minutes of July 3, 2025, can be found at the following link once it is available: https://records.hawaiicoupty.,gov/weblink/Browse.aspx?dbid=l &startid=149508 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council County of Hawaii July 13, 2025 Page 7 Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at (808) 961-8159 or by email at maija.'acl ksonghawaiicounty.gov . Sincerely, Louli Daniete �l1 Louis Daniele III (Jul 13, 202510:47 HST) Louis Daniele III, Chairman Windward Planning Commission P\wp60\PC\PCC2025-2\LUyedaPL-REZ-2025-075wpc Enclosure: Draft Bill cc w/enclosure via email: Douglas and Shelley Uyeda Daryn Arai, Land Use Planning Consultant Department of Public Works Department of Water Supply Windward Planning Commission Jeffrey W. Darrow, Planning Director Deputy Corporation Counsel for Planning Department Deputy Corporation Counsel for Planning Commission