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HomeMy WebLinkAboutCOM 0005.002 2012-2014 William P. Kenoi •��• -• BJ Leithead Todd Mayor -^ 1dd,� Director Margaret K. Masunaga Mq; '.� Deputy ?Tt os.N�`A: West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808)323-4770 PLANNING DEPARTMENT Phone(808)961-8288 Fax(808)327-3563 Fax(808)961-8742 December 10, 2012 Mr. Sidney Fuke, Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 , Dear Mr. Fuke: SUBJECT: Application: Non-Significant Zoning Change (NZC-12-000017) Agent: SIDNEY FUKE,PLANNING CONSULTANT Applicant: KONA 327, LLC Land Owner: KONA 327, LLC Tax Map Key: (3) 7-4-026:033 & 034 Honokohau 1St,North Kona, Hawaii This is to acknowledge receipt on October 12, 2012 of your amended Non-Significant Zone Change application and previous submittals dated June 5, 2012. The applicant proposes to adjust the zoning boundaries to align the County Zoning of Agricultural - 5 acres (A-5a) and Agricultural — 1 acre (A-la) with the present State Land Use designated Agricultural areas. Parcel 033 consists of 12.17 acres (530,125 sq. ft.) and parcel 34 consists of 6.54 acres (284,882 sq. ft.). Both parcels are contiguous and owned by the applicant. Proposed changes, in square feet, to the zoning areas are as follows: TMK: Total Area A-la A-5a 7-4-026:033; Lot B 530,125 sf -13,989 sq. ft. +13,989 sq. ft. Lot C -15,831 sq. ft. +15,831 sq. ft. 7-4-026:034, Lot A 284,882 sf - 6,468 sq. ft. + 6,468 sq. ft. Lot D +27,495 sq. ft. -27,495 sq. ft TOTAL LAND AREA 815,007 sf NET CHANGE 1.08 % - 8,793 sq. ft. + 8,793 sq. ft. With a total parcel area of 815,007 square feet and the requested zoning change area of square feet, the change is approximately 1.08% of both parcels. Z Comm. No. Ref.To: C Ref. Date Mr. Sidney Fuke, Planning Consultant Page 2 December 10, 2012 According to Section 25-2-45 of the Zoning Code regarding Non-Significant Zoning Changes, the Planning Director may administratively grant non-significant zoning changes that must comply with the designations for the property set forth in the general plan and any development plan adopted by ordinance, and must not result in an increase or decrease in any zoning designation affecting more than five percent of the area, or one acre, of any lot, whichever is less. Upon review of the request, we have determined that it complies with the criteria set forth in Section 25-2-45(2) of Chapter 25, Hawaii County Code, for determining non- significant zoning changes: 1) The area under review is in compliance with the General Plan. The County of Hawaii General Plan (2005) became effective on February 9, 2005. The subject parcel is designated as "Urban Expansion" on the Land Use Pattern Allocation Guide (LUPAG) Map. 2) The adjustment of zoning boundaries does not result in an increase or decrease in any zoning designation affecting more than five percent of the area, or one acre, of the lot. The increase/decrease of 8,793 square feet for each zoning designation is less than five percent of each zoned area. Based on the above, we hereby administratively grant the requested non-significant zoning change. Any questions may be directed to this office in the attention of Larry Nakayama at (808) 961-8149 or Inakayama@co.hawaii.hi.us. Sincerely, BJ LEITHEAD TODD Planning Director LHN: nci P:1Admin Permits DivisionWon Significant Zoning12012 Requests\NZC 12-000017 327 Kona LLC\Determination.Doc xc: w/app ''Hawai`i County Council Real Property Tax Division-Hilo Planning-GIS Section(Gilbert Bailado) xc ltr only: 327 Kona, LLC SidneyFuke, Planning Consultant LW! 11 100 Pauahi Street,Suite 212• Hilo, Hawaii 96720 ••Variance••Zoning• Telephone: (808)969-1522 • Fax: (808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports June 5, 2012 Ms. BJ Leithead Todd,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Non Significant Zone Change Application 327 Kona LLC Honokohau 1St,North Kona,Hawaii, TMK: 7-4-26: 033 & 034 Transmitted herewith for your review and processing is an application to "downzone" three(3)slivers of an area consisting of 36,288 square feet from A-la to A-5a and concurrently "upzoning"a 27,495 square foot area from A-5a to FA-la. The subject area is adjacent to and makai of the Kona View Estates Phase I subdivision. When done,the subject parcels would not be split-zoned and a new 1-acre lot would be created. Pursuant to the submittal requirements,please find enclosed the original and five(5) copies of the application, appropriate metes and bounds description, list of surrounding property owners within 1,000 feet of the subject parcels, and the real property tax clearance. We trust that this application is complete and ready for your processing. As required, a notice to surrounding property owners will be mailed within 7 days of the date of this letter. Further, a sign will be posted on the property. If there are questions relating to this application,please feel free to direct them to me. Thank you very much. nc,�erely SIDNEY M. FUKE Planning Consultant Enclosures Copy—Mr. Tom Smith, 327 Kona LLC w/enclosures via email NONSIGNIFICANT ZONING CHANGE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: 327 Kona, LLC APPLICANTS SIGNATURE: 327 Kona, LLC DATE: May 10th, 2012 By: Thomas M. Smith, Mangager Q' APPLICANT'S ADDRESS 4054 McKinney Avenue, Suite 310, Dallas Texas 75204 APPLICANT'S PHONE (Bus.) 214-50-0600 (Res.) 214-697-7575 (Fax) 214-559-3124 APPLICANTS AGENT: Sidney M. Puke 100 Pauahi Street, Suite 212 AGENT'S ADDRESS: Hilo, HI 96720 AGENTS PHONE: (Bus.) 969-1522 (Res.) (Fax) LANDOWNER: 327 Kona, LLC LANDOWNER'S SIGNATURE: l vA ?f LANDOWNERS ADDRESS: 40541 McKinney Avenue, Suite 310, Dallas Texas 75204 TAX MAP KEY: 7-4-026: 033 & 034 REQUEST: A-5a and A-la -- TO FA-la and A-5a (Existing Zoning) (Proposed Zoning) SIZE OF AFFECTED AREA(S): A-5a: 36,288 sf FA-la: 27,495 sf (See Additional Instructions on Next Sheet) 04-115 • (29,820 + 6,468) NON SIGNIFICANT ZONE CHANGE REQUEST 327 KONA, LLC HONOKOHAU 1st, NORTH KONA, HAWAII TMK: (3) 7-4-026: 033 por and 034 por INTRODUCTION The applicant and landowner, 327 Kona, LLC, is proposing to rezone three (3) slivers of A-la zoned area and one (1) portion of an A-5a zoned area affecting two contiguous parcels. The three (3) areas to be "downzoned" from A-la to A-5a consist of a total of 36,288 square feet, while the area to be "upzoned" from A-5a to FA-la covers 27,495 square feet. In so doing, a new FA-la zoned lot would eventually be created with all of these slivers of A-la zoned area, and the balance of the properties would not have a split zone. II. PROJECT LOCATION The subject properties (hereinafter referred to as "site") are situated in Honokohau 1St, North Kona, Hawai'i. It is located adjacent to and makai of the Kona View Estates Phase I subdivision. This subdivision is located generally makai of State Highway 190 between Hina Lani Street and the Palani Road/Mamalahoa Highway Junction and south of the Kona Heavens Subdivision. (Figure 1) III. PROJECT DESCRIPTION The applicant owns two (2) contiguous parcels identified by TMK: 7-4-026: 033 and 034. A tax map of these parcels is found in Figure 2. As noted in a proposed rezoning map (Figure 3) of one of these parcels (parcel 033), the primary zoning designations of these parcels is A-5a. However, you will note that both parcels have two (2) slivers of land that are zoned A-la. The applicant wants to "clean up" these dual zoning designations while creating a one-acre lot. In that regard, the applicant is proposing to "downzone" three (3) slivers of A- la zoned properties consisting of 36,288 square feet and affecting these two (2) contiguous parcels. Concurrently, a 27,495 square area of one of these parcels (034) is proposed to be rezoned into the FA-la district. This area would then be combined with an existing sliver of 16,067square feet of A-la area to create a 43,562 square foot lot within a newly created FA-la zoning district. (Figure 4) 1 Location: Tax Map Key: 7-4-026:033 Figure Cl isoirgirtlik,miligirarow-‘47,744.40 wmis, --. __kl*,1 : . ..s..„ D livistit;$404•_%,_114,0,etiviv___,1404, Kaloko ni ,� . 1, _ ��a-, 0 Kalo,..?' ,'- ' , -, ■,. - iiik, ----Iii040:4 Nob a , °Tillie isiz"N ) ,), 1v4\, ,,,)ti---10e0;fivii,m1� Si Mauka•f9 ���� :-- --v.. �\ - 'ice; ao�.� ��*410`, Kona ;�P i Heavens: "�� 1, 0°4 *4 IgClit 1-'-'- Ott �t�� �'" 1 cD PalanI Ranch. II 1 : 4' \ 7 / Apilewtili- .fi , .......___,,, k ''' ? ' 1 \ KonaVIew ,;•0 11• Estates i� i 10 .,,,, mss ,wgiiir 4. A. . .,- r a x: Palani Ranch ��. �'� ,, , , ,.- ,,.; , iir i f a� �,Honokohau'; ��. mownimaimmierammormw111 44,..„, war s-',\:::szl ,sr,,,,,iiiiiiii '`-'-''''. lOWNeinaiiFiirail!IITts W Iii :::_:::::_-:- 7 . �� Paniolo Country , �� I ���%to wis �1��.�.r-- �,,� itvat,_ ,�; - earl • . .®l try►! : om �-� s Van �1' Vii,_- eh. . iIva: NO _-,-s►1� ��1! ®1.r. Honokohau , Hawaii Island iiiii �� Subject Parcel 0 500 1,000 1,500 Z000 Feet Surrounding Parcels N mill 0 0.1 0.2 0.3 0.4 0.5 Miles �, FIGURE 1 ,- CO . . • 1 Eg V" Z o r.... .--2 (kJa.-.1 yr ers, CIYOZ1 .1130 V 11 IIPAI ,-- r. a,"0 4 ° e L , ,c) ® ® 4 • -1 \ .,4 Il \ \ 4 . ' 4 likx,," 4 ; \ 11 \ 4 '!.! a` • I . a -", .. ) , • :LI ,1 ■--i :21 jr as \ 04,1 4 0 0 (1) we'• c., 0 ii-- 4 - 0 A \A- , 2 0 col 4 ol! 4 4 10, A 'i 42'.2 4 . q .1', i •31; 1:e mi . ..:,A 2-0 diii 4 - - .1.1 It • .1. 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I ) 6 1 1 i ., J « , -.., i 11 li I os -1 I m I, . . i Ali / i / .:. 4 7 /' Cy , ---3 i • / —1 PLAT 08 ,1 , L , , ,..„ ...„ I TM sow 4 taw te-ott sivo .. a VIII-90-1111S 11V0-17,--01S-I-ICI MIOS :“{ FIGURE 2 iiillpit,1pipprimilli = ... ;v o•y S 1111141KAHIAKEA Ili, Ginil ApplIr 0 17, 7.61' 8,876 60.58'S W N\K�MpE S� __MOANU!AHEA° 1 10111111111111101 WI-- '' ("I': \I 1 A1: \p141P } \ .., , „,,, , AREAS q,- I AGRICULTURAL-FIVE ACRES(A-5a) TO FAMILY AGRICULTURAL-ONEACRES(FA-1A) '4 11.48 ACRES � ' ` AREA 2 t4?1 AGRICULTURAL-ONE ACRES(A-14) TO FAMILY AGRICULTURAL-ONE ACRES(FA-1A) 1 (� 0.37 ACRES � / A 1101. 1 1 AREA 3 - ikok AGRICULTURAL-ONE ACRES(A-1a)TO FAMILY AGRICULTURAL-ONEACRES(FA-1A)0.32 ACRES A-5a 1 m . A-la N 1. A-5a B Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRES (A-1a) AND AGRICULTURAL - FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL - ONE ACRES (FA-1a) AT HONOKOHAU 1ST, NORTH KONA DISTRICT, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:7-4-026:033 DATE:Jan.18,2011 327 EXHIBIT"A" FIGURE 3 Map 1306 OW 11 M1 8' Gal IV' K131' 3,q►. 1 N1'" ' Q Weer. gldneKl311_ 1 1M ° "t Pole K��,�,st 1M I oQ ) � �? 3.41.g 18.12' i 3 '1 tIG 262°43'00" 1 S.(1E p i- - �° off' 256°5g 76.18' o 1 1.00 Acre .....-• 261°20'30"223.82' ° 0 1 0 234 20'30" o • N. 44.60' czo•on'>o= 1 • 50. 13') 1 • Qp� HAWAII COUNTY SUBDIVISION 1 p ' MAP NO.08-000788 1 I, 0 N ' LOS F p 1ppAc zt o LOT 2 —A-2—A Parcel "C" _,„ :`; L LD Acres . Zone A-1a�–1,51.16.3]':*:-,�-�� '�' --,0 \ 15,831 Sq. Ft. : 13. 1 Acres • Zone A-5a3< P ki5C [=� ::� :, -DES 1pNAo� 165°00'00° {,51 5.00 00 E$� M li .9„ /50.00' �5 00,�'• 2 F� _ _ - 7 �C,p1�1P 1Ew eo�uls►ON `t �/ ment•PSI ©�`� `�00;Qp,9 o W�IOOVN ,,$ �, I iru1 _3:8$. i 75• 185°40'30"131.47' ;,o°o LQp Acre (4.? -' c55 Parcel "B„ ::::: 9 Zone A-1 a– :,0::: .... 1 —, C 0./, 165°00'00" 13,989 S . Ft. -``'`::„ �'�Wre 50.00' Is 50. 00') w one ge rtd 11,1a-�._ = o o ZQ�es P.-53 - .7538 2,, `3. 00 •. ' _ 2 Parcel "E" L��p�,re , , o_ r3 Zone A–la 106 N 01 16,067 S . Ft. so I o 0� a ='_ 9 5° 3 O 0 25 0 30 �7� �E' it Ft r .�, : LO S >- : =. • „�,�;::; ?`. 345°\00'00"50.00' c ' .a::- COUNTRY �-= : =-,--- � ,„,,0„,..r. TES LOT 2—A-3- A . �'; °oop0 ,, •• SEI \ ; I -.-00- ' . 001106. Q 5.55 Acres � 'i.356a 0� 24 0 k' Acre 06°45'02"53.97' - =• -; \S-n, 0-. 29 36 F Parcel "A" :V:::,o= L1 po Acre r0 ‘,..0-r1 2" Zone A–la ,1 per 6,468 Sq. Ft. -�1`�i:_ :_ ‘ m O $�,,1 e 1 :: E$� ZE•: (9"‘,10.05-09°V3 _> \ � :: :<==\ Zone A-5a 0 s;.-::..-.-_:., w K�NPV1 s�Qp1v1- ON 0 0 03. III 75"00'00 71.: Hp`W�1 COUNT __ �-O-%, 2$ . — p 90 v ,".0 we ~j ��� `° , FIG e 4 �' �/ Access to the existing lots would remain the same. Access to the newly created 1-acre lot would be from Road Lot B, a County-approved private road. A county water meter would also be provided to this new lot. IV. CONFORMANCE WITH STATE/COUNTY PLANS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan LUPAG The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject site and surrounding area Urban Expansion, "Allows for a mix of high density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area." The proposed non-significant zone change would be consistent with this designation. As such, no General Plan amendment would be required to effectuate this project. C. County General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. or one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the 1-lot subdivision. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. 2 Aside from vehicular transmission, air pollution associated with the project should be negligible. The proposed septic wastewater system would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. However, as it will result in a mere boundary line adjustment, this should not b required. Likewise, the project will also not be a noisy one, except as may be associated with the very limited backyard farming operations. Any noise-generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The subject area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the proposed FA-1 and A-5a non-significant zone changes would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating one more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions —will be used in a manner where it blends with the existing terrain. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with 3 shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than 3 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • 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 compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small- scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or 4 green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Urban Expansion designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are many 1-3-acre lots adjacent and mauka of the subject site, most of which are zoned A-la. The soil of the site is classified "C" or fair by the Land Study Bureau. As such, although there is no agricultural use on the property, it has the potential. This request could thus encourage more intensive agricultural activities on the site. This lot size would be conducive to the potential landowner's needs for a residence and family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. D. Kona Community Development Plan: Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council on September 25, 2008 under Ordinance No. 08 131. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." The Plan also listed eight (8) guiding principles, which are: (1) protect Kona's natural resources and culture; (2) provide connectivity and transportation choices; (3) provide housing choices; (4) provide recreation opportunities (5) direct future growth patterns toward compact villages, preserving Kona's rural, diverse, and historical character; (6) provide infrastructure and essential facilities concurrent with growth; (7) encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies; and (8) promote effective governance. 5 Relative to the Kona Land Use Map of the CDP, the proposed project falls within the "Kona Urban Area" and does not fall within any of the planned Neighborhood, Regional, or Rural Transit-Oriented Development (TOD) areas. Thus, it would be consistent with the CDP. In addition to being consistent with the Land Use Map, the project will: • if appropriate, incorporate and preserve archaeological and cultural features into the project; • facilitate connectivity through the adjoining properties to the south and west; • provide direct and indirect (through the County's Affordable Housing Code) housing opportunities; • provide needed infrastructure to service its project and through the fair share assessment, address regional infrastructural impacts of the project; and • provide much needed employment opportunities, particularly during the construction phase of this project. It should be noted that in conjunction with a rezoning application (Rez 11- 135) affecting one of the subject parcels (TMK: 7-4-026: 033) from A-5a to FA-la, the Planning Director found that the request conformed to the County General Plan and except for the concurrency provision of the Kona CDP. Said provision required completion of two roads — Hina Lani Street to Kealakehe Parkway and Kealaka'a Parkway to Hao Kuni Street. These are roads that are singularly impossible for any single landowner to implement. A copy of this position is attached as Exhibit A. Based on recent discussions with the Planning Department staff, however, the applicant is of the understanding that the concurrency component applies only to time extension and new rezoning and not non- significant zone change requests. As such, the concurrency provision of both the Zoning Code and the Kona CDP should not be applicable. E. County Zoning If approved, the newly created 1-acre area would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la zone would be adhered to. It should be noted that while the existing zoning is A-la, that category has since been eliminated and in its stead, a new zoning category called Family-Agriculture for agricultural zoning categories less than 5 acres 6 was created. Hence, although the practical effect of the now defunct A- la designation would not change with the FA-la designation, the FA-la would be the technically correct designation. F. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than three (3) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed by the landowner and/or its predecessor in interest. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted as well during any land clearing activity. The proposed action will involve the construction of improvements in a non-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at the most, a single-family dwelling on the proposed FA-la zoned lot. Further, given the amount of groundcover to be retained (at least 50%) and the site not being readily visible from the Belt Highway, any visual impacts of the coastal area should be minimal. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over three (3) miles from the ocean. Notwithstanding the distance, the nature of the project resulting in only one more lot and the construction of its individual septic system are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for one smaller agricultural farm lot in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the 7 agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-la and A-5a, the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG). Furthermore, notices of this application will be sent by the applicant to surrounding property owners of the submittal of this application, and a sign of this application has to be posted on the property. Based on the foregoing, it is concluded that the requested application would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. V. RELATIONSHIP TO NON-SIGNIFICANT ZONE CHANGE GUIDELINES The pertinent provision relating to this request is Chapter 25-2-45, as amplified by Planning Department Rule 8. Specifically, Rule 8-5 outlines the criteria under which requests of this nature can be processed. These criteria and the request's relationship to them follow. 1. Does not result in a substantial increase or decrease in any zoning designations. The requested area to be rezoned from the A-5a to the FA-la district is 27,495 square feet. The requested area to be rezoned from the A-la and/or FA-la to A-5a is 36,288 square feet. While the affected areas are not identical, the area to be "downzoned" zoned (36,288 square feet) is clearly more than the area to be "upzoned" (27,495 square feet). Thus, 8 this request should not result in numerically any substantial increase or decrease in zoning designations. 2. Does not affect more than five percent or one acre of any parcel of property, whichever is less. This specific criterion requires that the affected area of a parcel not exceed 5% of a parcel or one (1) acre, whichever is less. As will be discussed below, this criterion can be fulfilled through a more involved and convoluted Non Significant Zone Change ("NSZC") process, which could be simplified by this application. a. Individual Parcels Parcel 033 consists of 12.17 acres or 530,125 square feet. The two areas to be downzoned from A-la to A-5a consist of a total of 29,820 square feet (15,831 + 13,989). While this area is less than one (1) acre, it would still be a shade over 5% (specifically, 5.6%) of the affected parcel. Relative to TMK: 7-4-026: 034, it consists of 6.54 acres or 284,882 square feet. The area to be rezoned from A-5a to FA-la is 27,495 square feet. The area to be rezoned from FA-la to A-5a is 6,468 square feet. The combined affected area would be 33,963 square feet. Again, while the combined area would be less than one (1) acre, they represent nearly 12% of the subject parcel. b. Consolidated Parcels For all intents and purposes, to effectuate this request, both parcels would have to go through the consolidation/resubdivision approach anyway. Further, these parcels are contiguous and owned by the applicant. As such, another way of looking at this criterion is to treat these parcels as one. Based on that perspective, the combined area would be 815,007 square feet. The combined area to be "downzoned" from A-la to A- 5a would be 36,288 square feet (29,820 + 6,468). The area to be "upzoned" from A-5a to FA-la is 27,495 square feet. The combined "affected" area, however, would thus amount to 63,783 square feet. Under that view, the affected area would be in excess of one (1) acre and represent 7.8% of the consolidated area. 9 c. Consolidated Parcels Based on Net Effect Under this approach, the difference between the areas to be rezoned would be used. This is logical, for it would help establish whether the request would result in a significant increase or decrease in density. The contiguous parcels are 18.71 acres or 815,007 square feet. The area to be downzoned (A-la to A-5a) is 36,288 square feet. The area to be upzoned (A-5a to FA-1a) is 27,495 square feet. In terms of net density gain or loss, there would be a "practical" zoning density or area loss of 8,793 square feet (36,288 —27,495). If that were determined to be your "affected" area, it would be less than one (1) acre and represents only 1% of the combined parcels. d. Multiple-Step Process This would be a more involved process, which, at the end of the day, would still result in the same conclusion. Under this approach, both parcels would be initially consolidated to form an 18.71 or 815,007 square parcel. Subsequently, a NSZC application from A-5a to FA-la for a 27,495 square foot area (as identified as Parcel D on Figure 4) would be filed. This area would be less than one (1) acre and represent a maximum of 3.4% of the consolidated area. Upon completion of the NSZC process and perhaps concurrent with a consolidation/resubdivision application, a new NSZC application would be filed. This would cover only the three (3) areas to be "downzoned" from A-la to A-5a. These areas would encompass 36,288 square feet (29,820 + 6,468) or less than one (1) acre and represent a maximum of 4.6%. 3. Does not result in a substantial change in the density of the zoned area. As noted earlier, the resultant "upzoned" area of 36,288 square feet will be less than 27,495 square feet to be "downzoned." In the end, although there will be one more 1-acre lot created, the density of the zoned areas should not be substantial. 4. Is in compliance with the General Plan and development plan designations of the property. This is covered extensively in Chapter IV of this report. 10 fir.'`, Ni MOµ•*\ Tf OFMF'� County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 :M'2 7 2011 Mr. Sidney Fuke 100 Pauahi Street, Suite 212 Hilo,HI 96720 Dear Mr. Fuke: Change of Zone Application(REZ 11-000135) Applicant: 327 Kona, LLC Request: /4F-la.--86 A-5a to FA-1a Tax Map Key: 7-4-026:033 The Leeward Planning Commission at its duly advertised public hearing on May 19, 2011, considered the above-referenced request for a Change of Zone in accordance to Chapter 25, (Zoning Code), Hawai`i County Code 1983 (2005 Edition), as amended, and Rule 10 of the Planning Commission Rules of Practice and Procedure,to change the district classification from Agricultural— 5 acres (A-5a) and Agricultural— 1 acre (A-1 a)to Family Agricultural— 1 ac re (FA-la) for approximately 12.17 acres of land. The subject property is located adjacent to and south of Kona Heavens—Unit I Subdivision and immediately makai (west) of Kona View Estates—Phase I Subdivision, and situated at the southern end of Halolani Street, HonokOhau 1st, North Kona,Hawai`i. The Commission voted to send an unfavorable recommendation to the County Council. The Commission concurs with the Planning Director's reasons for the unfavorable recommendation as follows: 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 that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Hawai`i County is an Equal Opportunity Provider and Employer EXHIBIT A Mr. Sidney Fuke Page 2 It has been a long-established policy of the Planning Commission and the Planning Department that areas to be considered for rezoning have basic improvements and amenities in place, such as the availability of water and infrastructure to support the proposed use. Other factors that must be taken into consideration in reviewing a proposed change of zone include a specific examination of a number of factors to determine the suitability of the property for the proposed amendment. This request is consistent with the General Plan LUPAG map designation of Urban Expansion Area. However, the requested change of zone within this area of North Kona will not conform to the following goals,policies and standards of the Land Use and (Housing) Single-Family elements of the General Plan: • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • 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, distnct goals,regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Areas shall have basic improvements and amenities necessary for immediate use. Approved on June 25, 2007; Ordinance No. 07 99 established concurrency standards for roadways and water for all change of zones, including the extension of time to complete conditions of approval in an existing change of zone. The Kona Community Development Plan(KCDP) adopted by Ordinance No. 08 131 on September 25,2008 created a section within the KCDP addressing the concurrency requirements adopted within the Zoning Code. The objective of concurrency is to manage the timing of growth in Kona to avoid overcapacity of the arterial as well as collector roadway systems within the KCDP planning area. Under the Concurrency Table, this proposed change of zone is within Zone H, which identifies two segments of Kealaka`a Street that should be constructed concurrent with the occupancy of units as a minimum area mitigation. The two segments are identified as 9B, Kealaka`a Street—(Hina Lani Street to Kealakehe Parkway) and 9C (Kealaka`a Parkway to Hao Kuni Street). Currently, there are no definitive timelines for Mr. Sidney Fuke Page 3 completion for either of the two segments, and both design and funding are not in place. Until such time the two segments are scheduled for completion, the proposed rezoning cannot be supported, as the project is inconsistent with the Land Use and Transportation policies in the KCDP. The KCPD identifies the project area as being situated within the"Kona Urban Area"(Kona UA). The Kona UA is designated as that portion of North Kona spanning from the Kona International Airport at Keahole to Keauhou. Most of the future growth in Kona is proposed to be directed to the Kona UA. According to the Transportation Policy in the KCDP (6-1), the Kona UA has been designated as a"critical road area" and identified on the Official Kona Land Use Map (Figure 4-7) of the KCDP. The"critical road area"is defined as a geographical area where any of the transportation facilities serving the area have been determined to be worse than the acceptable level of service. Within a critical road area, all rezonings are subject to local and area mitigation and must comply with the concurrency map,which identifies the road segments to be constructed concurrent with the occupancy of units as a minimum "area mitigation." The KCDP requires any rezoning within the Kona UA to comply with the Official Concurrency Map and restrict occupancy until the completion of the Queen Ka`ahumanu Highway widening to the Kona International Airport at Keahole. This requirement is applicable to all rezonings unless the project site is within a designated Transient Oriented Development. Further,the concurrency map identifies the road segments to be constructed concurrent with occupancy of units as the minimum "area mitigation", as defined in HCC 25-2-46 (Zoning Code). Thus, the concurrency requirements in the Zoning Code and the Kona Community Development Plan cannot be satisfied within a reasonable timeframe to support a favorable recommendation of the request, and the proposed rezoning fails to demonstrate how concurrency issues can be satisfied. Concurrency standards for roads as articulated in the Zoning Code requires mitigation if the Level Of Service (LOS) for any transportation facility in the project area is currently worse than the acceptable level of service or projected to worsen in the future. Mitigation is defined as "specific actions to reduce traffic congestion", including improvements to roads and intersections in the immediate vicinity of a project, such as channelization of intersections, turn lanes into a project and similar improvements (local mitigation), and improvements that increase the capacity of an arterial or other major road, including additional lanes in the general region containing the project, or construction of a new arterial or collector road in the general area containing the project, or improvements to public transportation such as buses or park and ride facilities, sufficient to offset the traffic demand generated by the project (area mitigation). Mr. Sidney Fuke Page 4 It would not be unreasonable to include a condition to restrict occupancy until the completion of this project. However,it would not be feasible to place a condition on a rezoning based on unknown or uncertain factors to warrant a favorable recommendation at this time. Therefore, due to the infrastructural deficiencies within the affected area and inconsistency with the KCDP, the Planning Director does not support the change of zone as it would not result in a more appropriate land use pattern that will further the necessity, convenience and welfare of the public. It is thus recommended that the Planning Commission send an unfavorable recommendation to the Hawai`i County Council. As you had requested at the hearing and agreed to by the Leeward Planning Commission,we will include with our transmittal to the Council a statement requesting them to re-examine the Kona Community Development Plan to seek ways to allow consideration for projects such as this which are a means to help address much needed infrastructure that benefit the community. Should you have any questions on this matter,please contact Daryn Arai of the Planning Depaitiuent at 961-8288. Sincerely, V vut `,a,.._ Lani L. 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