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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (SLU-21-056)RWarznmstSLU.crk.04.23. 21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TIMOTHY JOSEPH WARD & KAY LYNN WARD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 21-000056) Upon careful review of the request, the Deputy Planning Director is recommending that a favorable 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 Deputy Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The applicants are requesting a State Land Use Boundary Amendment from an Agricultural to an Urban district for approximately 3.992 acres of land. The applicants have submitted a concurrent request for a Change of Zone from Agricultural - 5 acres (A - 5a) and Agricultural - 1 acres (A -la) to Single -Family Residential - 22,000 square feet RS -22) for the same area of land. The subject property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4th - O`oma 1st, North Kona, Hawaii, TMK: (3) 7-3-005: 015. If the requested land use entitlement changes are approved, the applicants propose to subdivide the property into six (6) buildable lots with a minimum of 22,000 square feet each and a road lot. The approval of the reclassification from the State Land Use Agricultural to the Urban District for 3.229 acres of land will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes (HRS), nor will it be inconsistent with the Land Use Commission Rules, the County General Plan, and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that, "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicatedfor future urban use on state or county general plans." The subject property conforms to this standard in that lands directly contiguous to the north of subject parcel are designated Urban and consist of single-family residential subdivisions and urban densities (lot sizes between 10,000 to 15,000 square feet). The proposed reclassification action also conforms to the goals, policies, and standards of, among others, the Land Use -Single Family Residential Element of the General Plan, and the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the parcel Low Density Urban (LDU). According to the General Plan, the LDU designation allows for 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. Thus, the proposed SLU Boundary Amendment and Change of Zone is consistent with the LUPAG LDU designation. The subject property is situated within the bounds of the Kona Urban Area, as designated by the Kona Community Development Plan (CDP). The CDP directs the majority of future growth of the region within the Kona Urban Area. Furthermore, the proposed boundary amendment would facilitate the rezoning of the property, which would be consistent with Kona CDP Policy LU -28 (2.)(b.)(ii.), which states, "Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre- existing developments. Infill is usually associated with small scale developments of20 acres or less that have been leapfrogged by the surrounding or adjacent developments." Finally, the reclassification action would be consistent with the goals, objectives, and policies of the Hawaii State Plan by providing urban type uses in close proximity to existing urban areas where adequate public facilities are already available and converting marginal or non-essential agricultural lands for appropriate urban uses while maintaining more productive agricultural lands in the agricultural district. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Access to the subject property is from Ihumoe Street, a County owned and maintained roadway and the proposed six (6) lot subdivision will be served by a private road conforming with the Department of Public Works (DPW) Standard Detail R-39 for a non-dedicable private dead-end street. Water is available for the number of habitable lots in the proposed subdivision and wastewater will be served by Individual Wastewater Systems (IWS) meeting the approval of the State Department of Health (DOH). All other essential utilities are available to the property. Police and fire services are available within five (5) miles of the site. Additionally, there is a public school, public library and a general store/gas station all located within 3 to 5 miles of the subject property. Urban Districts shall include lands characterized by "city -like" concentrations of people, structures, streets, urban level of services and other related land uses. This proposed reclassification action does not represent the creation of a new urban concentration, as the surrounding area is already an urban -like environment. As previously stated, there are several residential subdivisions adjacent to and makai of the subject property. Additionally, the Matsuyama Food Mart is located across Mamalahoa Highway on a Neighborhood Commercial (CN -20) zoned property situated to the east (mauka) of subject property. As these urban type uses already exist in the immediate area, the urbanization of the project site will not contribute towards scattered urban development and be generally compatible with the surrounding area. There are no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The Federal Emergency Management Agency designates the subject property as Zone "X", which is determined to be an "Area of Minimal Flood Hazard", and it is not known to be prone to flooding. The topography of the project slopes slightly to moderately from east to west between the 1,640 foot and 1,510 -foot elevation (roughly 10 to 15%). The property is situated over four (4) miles from the shoreline and thus not situated within the tsunami inundation area or evacuation area. As conditions of approval of the concurrent Change of Zone application, all development -generated runoff will be disposed of on site and not directed toward any adjacent properties. All earthwork activity, including grading and grubbing, will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the reclassification meets the standard which states that the lands included within the urban district, "...shall be those with satisfactory topography and drainage and reasonably free from the danger offloads, tsunami and unstable soil conditions and other adverse environmental effects." While the subject property is located within the State Land Use Agricultural and County's Agricultural (A -5a & A -1a) zoned district, it has been cleared and vacant of any uses for several years and is not classified as Important Agricultural Land. The State of Hawaii Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the majority of the subject property as "Unclassified." The Land Use Study Bureau's Overall Master Productivity Rating for the classifies the property as "E" or Very Poor." The U.S.D.A. Soil Survey classifies the soils within the subject property as Pu`uika`aka - Lava flows complex soils with 10 to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. The Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will require the applicants to notify prospective purchasers, tenants, or lessees of the Hawaii Right to Farm Act. The reclassification of this 3.992 -acre area of land from the Agricultural to the Urban State Land Use designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. Furthermore, an Urban classification would complement the existing and future land use pattern of the surrounding area in view of the urban uses already in existence in close proximity to the subject properties. Based on the preceding, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Nan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. GgNN INh I° 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 KALAOA 5TH, NORTH KONA, HAWAII BY TAX MAP KEY: 7- 3-005:015. 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 Kalaoa 5th, North Kona, Hawaii, shall be Urban: SITE #1 Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly comer of Lot 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) and being a point on the Easterly end of Ihumoe Street the coordinates of said point of beginning referred to Government Survey Triangulation Station MOANUTAHEA" being 8,001.83 feet South and 9,345.61 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 180° 03' 20" following along the Easterly end of lhumoe Street on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; 161° 21' 28" 28.85 feet to a point; Thence, from a tangent azimuth of 322° 39' 36" following along Lot 31-A of Kona Acres Subdivision, Unit 1, Increment "B" on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 299° 59' 24" 15.42 feet to a point; 3. 277 19' 12" 8.01 feet along Lot 31-A to a point; 4. 347 50' 21.21 feet along the remainder of Lot 31-B to a point; 5. 97 19' 12" 16.68 feet along Lot 33 of Kona Acres Subdivision, Unit 1, Increment "B" File Plan 1550) to the point of beginning and containing an area of 332 square feet. SITE #2 Beginning at the Southeasterly corner of this parcel of land, being also a point on the Westerly side of Hawaii Belt Road (F.A.P. No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station MOANUTAHEA" being 8,117.21 feet South and 8,447.20 feet West and running by azimuths measured clockwise from True South: 96° 50' 3.42 feet along the Westerly side of Hawaii Belt Road (F.A.P. No. F- 10(5)) to a point; 97° 19' 12" 885.68 feet along Lots 35, 34 and 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550) to a point; 167° 50' 103.24 feet along the remainder of Lot 31-B and along Lot 31-A and the remainder of Grant 2972 to Kaapau and Kama; 173' 15' 30" 100.01 feet along Lot 31-A and along the remainder of Grant 2972 to Kaapau and Kama to a point; 5. 276° 50' 835.71 feet along Lots 14, 13, 12 and 11 of Kona Palisade Subdivision, Unit 1 File Plan 1061), Lot A, Lots 8, 7, 6, 5, 4, 3, and 2 of Kona Palisade, Unit 1 (File Plan 1061) and along the remainder of Grant 2972 to Kaapau and Kama to a point; 6. 348° 57' 30" 99.98 feet along the remainder of Grant 2972 to Kaapau and Kama to a point; 7. 276° 50' 79.64 feet along the remainder of Grant 2792 to Kaapau and Kama to a point; 8. C 46' 107.20 feet along the Westerly side of Hawaii Belt Road (F.A.P. No. F- 10(5)) to the point of beginning and containing an area of 3.985 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: SEE ATTACHED CONDITIONS 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: EXHIBIT "A" Timothy J. Ward & Kay L. Ward Map 21204 II I AGRICULTURAL URBAN -- w . 3 w rliti AN ' GNCU hhI11Site AGRICULTURAL HOMO ESiREET 1250URBAN lE $U.. FTFT. 33 fl MOANI4AHEA' URBAN UR AGRICULTURAL e URBAN be GRI KA'IMINANI DRIVE AN UR AN AGRI ULT RAL Q re AGRICULTURAL re 911721'S W 8,44720'W CO MOANUTA NEA' 3 URBAN I TURAL 1 I AGRICULTU ••L N Site 02 AGRICULTURAL TO URBAN 1955 ACRES AGRICULTURAL o AGRICULTURAL e 12 AGRICULTURAL AMENDMENT Feet USE 0 200 400 600 800 1,000 TO THE STATE LAND TMk. (3) 7- 3- BOUNDARIES MAPS DATE: March 1,2021 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 KALAOA 5TH, NORTH KONA, HAWAII MAP PREPARED BY: 005COUNTY OF HAWAII, PLANNING DEPARTMENT EXHIBIT "A" Timothy J. Ward & Kay L. Ward Map 21204 BWardSLUuk.4.21.21 TIMOTHY JOSEPH WARD & KAY LYNN WARD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 21-000056) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that fanning operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. B. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District.