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HomeMy WebLinkAboutSLU 20-053 PD RECRJulkowski SLU 6/29/2020 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DANNY JULKOWSKI STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 20-000053) Upon careful review of the request, the Planning Director recommends that an unfavorable recommendation for the State Land Use Boundary Amendment be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The unfavorable recommendation is based on the following findings: The applicant, Danny Julkowski (Pua Melia LLC), is requesting a State Land Use Boundary Amendment from Agricultural to Urban for 11.707 acres of land to create a nine (9) lot subdivision with commercial and residential components. This request is submitted concurrently with a Change of Zone application from Open (0) and Residential and Agriculture 1-acre (RA-1a) to a Village Commercial (CV-10) zoning district for the 11.707-acre parcel to allow the following commercial and residential development on the subject property: One (1) 4.299-acre lot situated on the western side of the subject parcel for a proposed affordable housing development to include 36 "units" in seven (7) quad- plex and four (4) duplex buildings. According to the applicant, 60% to 80% of the units will be affordable to households with incomes at or below 140% of the median income. Three (3) lots situated on the eastern side of the subject property totaling 5.971 acres which are slated for commercial development, including the possible future development of a hardware store. Five (5) commercial lots situated on the southern side of the subject property, each with a minimum land area of approximately 12,840 square feet (total 1.437 acres) to be sold to various commercial developers; and 1- One(1)road lot, consisting of an entrance to Waikoloa Road, a cul-de-sac, and access road to the largest(residential) lot. Tentative plans call for securing subdivision approval by the end of 2020. Thereafter, the applicant will construct the necessary improvements within the subdivision. The estimated timeframe to complete the infrastructure improvements and obtain final subdivision approval is approximately 24 months. The estimated cost of improvements for this proposed project is 4,000,000. Based on Chapter 28 of the Hawaii County Code and Planning Commission Rule 13, the approval for the reclassification of the State Land Use District Boundary Amendment requires that the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents. No amendment shall be approved unless it conforms to the General Plan. However, a proposed amendment may be combined with a request to amend the General Plan. The request to reclassify the property to the State Land Use Urban District would be inconsistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) map for this area,which is designated as Open and Rural. The Land Use Pattern Allocation Guide LUPAG) Map component of the General Plan (GP) is a representation of the document's goals and policies to guide the coordinated growth and development of the County. The LUPAG map reflects a graphic depiction of the physical relationship among the various land uses and establishes the basic urban and non-urban form for areas within the County. This proposed request to reclassify the district boundary from Agricultural to Urban, along with the change the zoning of the subject parcel to CV-10, does not conform with the General Plan LUPAG map which designates most of the property as open (o) and a smaller portion as rural (rur). The proposed request to reclassify the district boundary from Agricultural to Urban and to change the zoning to a CV-10 zoning district would allow for numerous permitted uses that are inconsistent with uses commonly associated with the open and rural LUPAG designations. It is also evident that the LUPAG designations for the previous Waikoloa Highlands project indicate there is a cogent relationship between the rural and open zoning designations with that of the current Residential and Agricultural 1-acre (RA-1a) and Open (0) 2- County zoning of the subject parcels where a clear consistent intent in land use design is represented. The applicant has claimed that given the broad-brush nature of the General Plan LUPAG map designations, the subject parcel should be considered consistent with the medium density urban (mdu) zoning designation, which is located across Pua Melia Street, approximately 360 feet west of the of the most western tip of the subject parcel. The Planning Department provided a determination on the GP LUPAG designation for the proposed property by letter dated June 3, 2019, stating the General Plan LUPAG map specifically identifies the subject property as being within the open(ope) and rural (rur) designations,which follows the County zoning for the property. The adjoining property to the west and the area north of the property across Waikoloa Road are situated within the extensive agriculture (ea) GP LUPAG map designation. The nearest area within the medium density urban(mdu) GP LUPAG Map designation is located further west across Pua Malia Street, which is over one thousand (1,000) feet away along Waikoloa Road, where access would occur. Even though the GP LUPAG map boundaries are broad brush, the property cannot be interpreted to be within the medium density urban designation given its distant location. As mentioned above, since the request is inconsistent with the General Plan, the applicant could submit a proposed amendment request to amend the General Plan LUPAG map for this property. The request to reclassify the property to the State Land Use Urban District would be inconsistent with the to the following goals, policies, and standards of the Land Use- General and Land Use-Commercial Elements of the General Plan. In addition to assessing the proposed project's consistency with the General Plan LUPAG map designation for the area, the proposed request is also assessed in relationship to its consistency with the goals, policies, and standards of the General Plan. The General Plan is the 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 infrastructure 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 3- concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. The following outlines how the proposed request to reclassify the district boundary from Agricultural to Urban, which is submitted along with a request to change the zoning to CV-10, is not consistent with the listed goals, policies, and actions of the Land Use— General and Land Use— Commercial elements of the General Plan: Land Use—General Element 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. As discussed previously, the proposed boundary amendment and change of zoning to CV-10 does not comply with the General Plan LUPAG map designations of the property, which are open and rural. As discussed below, the proposed boundary amendment and change of zoning to CV-10 is also inconsistent with the General Plan districts goals or the regional plan for this area (the South Kohala CDP). Additionally, the availability of public services, utilities infrastructure) and access to this property are currently lacking to support this project. District Goals: For the South Kohala district, one of the Courses of Action in the General Plan Land Use Commercial Element states the following: Continue the concentration of commercial uses in Waimea, Kawaihae, Waikoloa Village, and in the resort areas. Do not allow strip or spot commercial development on highways outside of these primary commercial areas. The proposed project is inconsistent with this Course of Action in the General Plan as it is not located with the concentrated commercial area of Waikoloa Village and is creating a spot commercial development along Waikoloa Road outside of the primary commercial area. Infrastructure: The subject property is not served with the required infrastructure, utilities, and transportation facilities to support the proposed boundary amendment from Agricultural to Urban, as well as the change to CV-10, and will require significant infrastructure improvements to establish the proposed commercial and residential uses for the property. 4- Land Use—Commercial Element Commercial facilities shall be developed in areas adequately served by necessary services, such as water,utilities, sewers, and transportation systems. As mentioned previously, the subject property of the proposed boundary amendment on which the applicant has proposed commercial development is not served with the required infrastructure,utilities, and transportation facilities to support the proposed boundary amendment from Agricultural to Urban, as well as the change to CV-10, and will require significant infrastructure improvements to establish the proposed commercial and residential uses. The request to reclassify the property to the State Land Use Urban District would be inconsistent with the to the Waikoloa Village Conceptual Plan and to the policies and strategies for Waikoloa Village in the South Kohala Community Development Plan. Regional and/or Community Development Plans are intended to implement the broad goals within the General Plan on a regional basis. They serve to designate and coordinate detailed development patterns and infrastructure needs throughout the County. The plans detail land use policies and infrastructure priorities, transportation, recreation, and other major land use policies within each area and must be developed with participation by the affected communities and adopted by ordinance by the County Council. The proposed boundary amendment and accompanying change of zone request is not consistent with the policies and strategies of the South Kohala Community Development Plan (SKCDP), which was adopted by the Hawaii County Council, Ordinance 08 159 on November 20, 2008. The SKCDP was divided up into four (4) different "plans" addressing each of the four areas with the South Kohala District. These four (4) plans were the Waimea Town Plan, the Waikoloa Village Plan, the Kawaihae Plan and the Puako Community Plan. The Waikoloa Plan included a Waikoloa Village Conceptual Plan that presents in graphic and narrative form general policies and strategies for the long-range — 20+ year look-ahead — future of Waikoloa Village. The Waikoloa Village Conceptual Plan identifies detailed development patterns and infrastructure needs for this specific area The proposed development does not conform with the Waikoloa Village Conceptual Plan, which identifies the subject property and immediate area as the No. 1 alternative for a community center and park. The location of the proposed development is not identified for commercial uses for the future of this area in the plan. 5- Additionally, the Waikoloa Village Plan has four (4) main policies, which each policy has a number of strategies for implementation of these policies. These four(4)main policies are with an emphasis on 1) Provide Needed Infrastructure and Community Facilities for a Growing Community, 2) Environmental Stewardship, Sense of Place, Open Space, 3) Provide Transportation and Circulation Improvements in a Timely manner, and 4) Encourage Affordable Housing and Smart Growth. The proposed development does not conform to the following policies and strategies of the SKCDP: Policy 1. Provide Needed Infrastructure and Community Facilities for a Growing Community. Strategy 1.1 Plan, Fund, and Construct a Community Center and Community Park. There has been considerable discussion within the Waikoloa community regarding the need for a Community Center and a Community Park. In January 2007, a "Community Center Planning Committee" was formed, consisting of a number of Waikoloa Village residents. Through a series of meetings and discussions, including extensive input from the Waikoloa community, the committee identified five alternative sites for a community center. As mentioned previously, the Waikoloa Village Conceptual Plan identifies the subject property and immediate area as the No. 1 alternative site for a community center and park. The location of the proposed development is not identified for commercial uses for the future of this area in the plan. The proposed development does not align with Strategy 1.1. Strategy 1.4 Develop a Major Commercial Center for Waikoloa Village with shops, stores, and small business opportunities. The SKCDP expounded in detail regarding the construction of the commercially zoned 45-acre parcel, which is the location of the proposed Waikoloa Plaza. The plan concluded that given the proposed square footage of the retail commercial space, it appears that the 45-acre commercial center at Waikoloa Village can provide for the population's local retail commercial needs for the next 15 to 20 years. Given that this proposed major commercial center will provide the commercial needs of the community for a given period of time upon its completion, the request to rezone another property to commercial, which is located outside of the identified commercial area for Waikoloa Village,would be untimely and inconsistent with Strategy 1.4. 6- it Policy 3. Provide Transportation and Circulation Improvements in a Timely manner. Strategy 3.6 Implement traffic safety improvements along Waikoloa Road. Portions of the two-lane Waikoloa Road are very hazardous. There are parts of the road that are curvy and steep. Furthermore, there are stretches of roadway with little or no paved shoulders, let alone any room on the roadway for bicyclists or pedestrians. Several suggested traffic safety improvements for Waikoloa Road include: 1) Construct paved shoulders that are of a safe width, 2) Construct separated bicycle and walking paths along the roadway, and 3) Construct truck runaway ramps in appropriate locations along the roadway. As mentioned previously, this proposal does not incorporate any traffic, intersection, pedestrian, or bicycling improvements to connect this development to the nearby Waikoloa Village and future Waikoloa Plaza. In summary, when reviewing the overall direction of the SKCDP, we observed a clear direction of the plan to discourage further development of urban development, including commercial lots, east of Paniolo Road and Pua Melia Road as those lands provide a buffer between the Waikoloa Village (one of the fastest growing communities in the County) and the more rural/agricultural lands to the east. It should be noted that outreach during the formation of the SKCDP found that parks and outdoor recreation were one of the highest community needs as well as the inclusion of smaller playgrounds and community parks in the region. Adjacent to the future commercial center (Waikoloa Plaza) there is an established U.S. Post Office and County Fire Station — it is in this area the community desires to concentrate the commercial and more urban" uses and zoning. The applicant's proposal to construct housing in the rear of the subject parcel would necessitate an approximately 3,500-foot walk from the proposed residences to the Post Office; the walk to Waikoloa Plaza would be even further and would require crossing the busy Pua Melia/Waikoloa Road intersection. As discussed above, the proposed request to reclassify the district boundary and to change the zoning for the subject property 1) is not consistent with the General Plan LUPAG map for this area, 2) is not consistent with the General Plan goals, policies and standards of the Land Use-General and Land Use-Commercial Elements of the General Plan, which includes not meeting the minimum concurrency standards for traffic, water, and wastewater for this commercial and residential development, and lastly, 3) does not conform to the Waikoloa 7- Village Conceptual Plan nor does it conform to the policies and strategies for Waikoloa Village in the South Kohala Community Development Plan. Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. The project site is located on an undeveloped and barren area completely set away from the larger commercial center of Waikoloa Plaza/Waikoloa Village. There are no established utilities at this site without substantial improvements and State agency approvals. The roadway improvements necessary to accommodate an additional commercial center east of Waikoloa Plaza and the Paniolo Rd/Waikoloa Road intersection are extensive and have been established as a priority for the community prior to permitting additional zoning or development changes. The proposed reclassification, without any specific details regarding traffic, wastewater, and types of commercial uses, places a large burden on the community to wait for a developer to conduct necessary and warranted infrastructure and utility improvements in rural and open space areas. Based on the above, the Planning Director is recommending that the Leeward Planning Commission send an unfavorable recommendation for the proposed district boundary amendment request to the Hawai`i County Council. 8- of+ YY.Os M,•.. COUNTY OF HAWAII STATE OF HAWAII rlOS•M'. BILL NO. ORDINANCE NO. NAM1040/1. Apr) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA, HAWAII (TAX MAP KEY: 6-8-002:057). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoloa, South Kohala, Hawai`i, shall be Urban: Beginning at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 2-B-2-A of this subdivision and being a point on the Southerly side of Waikoloa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8,326.80 feet North and 1,688.99 feet West and running by azimuths measured clockwise from True South: 1.291° 44' 07" 455.27 feet along the Southerly side of Waikoloa Road to a point; 2. 21° 44' 07" 565.00 feet along Lot 2-B-2-C of this subdivision and along the remainders of Lot 2-B-2 and Royal Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu to a point; 3.111° 44' 07"1,605.29 feet along Lot 2-B-2-C of this subdivision and along the remainders of Lot 2-B-2 and Royal Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu to a point; 4.259° 46' 854.64 feet along Lot 2-B-1 and along the reminder of Royal Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu to a point; Thence, for the next four(4) courses following along Lot 2-B-2-A of this subdivision and along the remainders of Lot 2-b-2 and Royal Patent 5671, Land Commission Award 8521-B, Apana 1 to G. D. Hueu: 5. 21° 44' 07" 244.00 feet to a point; 6.291 ° 44' 07" 405.00 feet to a point; Thence, following on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 7.246° 44' 07" 28.28 feet to a point; 8.201° 44' 07" 336.51 feet to the point of beginning and containing an area of 11.707 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. 2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 3- AGRICULTURAL URBAN AGRICULTURAL GRICULTUR' URBAN p AGRICULTURAL Ov 2 URBAN TMK:(3)6-8-002:057 AGRICULTURAL TO URBAN 11.707 ACRES AGRICULTURAL URBAN AGRICULTURAL URBAN Q 41111, 8326.80'N Cif 1,688.99'W PUyU HINAyI" T URBAN AGRICU URAL Ko4 oq Ro N AGRICULTURAL Feet 0 500 1,000 1,500 2.000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK:(3)6-8-002:057 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:May 6,2020 EXHIBIT "A.. Pua Melia LLC Map 19-201