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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SLU-2021-001) RKaupulehuSLU.EC.11.4.21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KA`UPULEHU LAND LLC STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION (PL-SLU- 2021-000001) Upon careful review of the request, the 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 applicant is requesting a State Land Use Boundary Amendment from an Agricultural to an Urban district for approximately 2.653 acres of land. The applicant has submitted a concurrent request for a Change of Zone from Agricultural - 5 acres (A-5a) to Neighborhood Commercial— 10,000 square feet(CN-10) for approximately 2.325 acres of land and Single-Family Residential— 10,000 square feet(RS-10) for approximately 3.024 acres of land. The subject property is located at 64-983 Mamalahoa Highway, approximately one mile east of its intersection with Kawaihae Road, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-024:027. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the property into a total of nine (9)lots; three (3) commercial lots and six (6) residential lots with a minimum lot size of 10,000 square feet each. The approval of the reclassification from the State Land Use Agricultural to the Urban District for 2.653 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 -1- consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans."The subject property conforms to this standard in that approximately half of the subject parcel, 2.696 acres of land has an existing designation of Urban. Additionally lands directly contiguous to the north of the subject parcel are designated Urban and consists of a mix of residential and commercial uses, consistent with the Urban designation of the area. The Urban designation extends about 800 feet to the east of the subject property along the north and south sides of Mamalahoa Highway. 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 Medium Density Urban (MDU) and Low Density Urban (LDU). According to the General Plan, the MDU designation allows for village and neighborhood commercial and single family and multiple family residential and related functions. The overall residential density may be up to 35 units per acre for multiple family residential use. The LUPAG 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 is consistent with the LUPAG MDU and LDU designations. The northern half of the property is located in an area designated for urban uses and the southern half of the property is located on the "Waimea Conceptual Plan" in an area designated for the"Small Farms and Ranches Preservation Program."The SKCDP envisions the development of an action program to acquire critical open space areas in east Waimea within this area. According to the SKCDP, the small farm and ranch lots in East Waimea are visually important to maintain the rural and paniolo character of Waimea. The SKCDP indicates that time will be needed to implement a number of important open space preservation tools and programs, and that while these tools and programs are being put into place,private lands that are currently zoned A-5a, A-1Oa, A- 20a, or A-40a should retain their current zoning. Exceptions can be made for affordable -2- housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. The CDP also recommends reducing the General Plan low density urban designated areas in Waimea town. However,the subject property holds the General Plan LUPAG designations of Low Density Urban (LDU) and Medium Density Urban (MDU), both of which allow for a mix of residential and commercial type uses, as is proposed for the subject project. The establishment of commercial type uses on the subject parcel would not be expanding the existing commercial center for Waimea town as there are several existing commercial operations further east beyond the subject site. Additionally,there are several types of commercial business operating within 500 feet of the subject property including two restaurants and a gas station. 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 agricultural lands of importance 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. Existing access to the subject property is from Ishihara Farm Road, a private roadway over an approximately fifty (50) foot wide combined easement right-of-way, consisting of nonexclusive access easements over and across Easements "5" and"6". The proposed nine (9) lot subdivision will be served by two (2) driveways from Mdmalahoa Highway that will connect to a circulatory roadway within the property fronting Mdmalahoa Highway, to service the three (3) commercial properties. The six (6) residential lots will be accessed via a driveway connection to Ishihara Farm Road (approximately fifty (50) foot wide combined easement right-of-way, consisting of nonexclusive access easements over and across Easements "5" and"6"). Water is available for the number of habitable and commercial lots in the proposed project and wastewater will be served by Individual Wastewater Systems (IWS) meeting the approval -3- of the State Department of Health (DOH). All other essential utilities are available to the property. Police and fire services are available within three (3)miles of the site in Waimea. 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 subject site is located less than one (1) mile from the Waimea Town Center. The surrounding area is already an urban-like environment being less than one mile from the Waimea Town Center and having a mix of existing residential and commercial uses nearby. There are several types of commercial business operating within 500 feet of the subject property including two restaurants and a gas station. 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 is 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. According to the Federal Emergency Management Agency the subject property contains several flood zone designations including Zone "X", "XS", "AO", "AE", and"AEF". Development on the property will need to comply with the County floodplain code. The topography of the project site is fairly level with slight slopes from 0 to 3 percent. The property is located over eight(8)miles from the nearest shoreline and thus is not situated within the Special Management Area, 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 offloods, tsunami and unstable soil conditions and other adverse environmental effects. " -4- The subject property is located within the State Land Use Agricultural and Urban regions and County's Agricultural (A-5a) zoned district. It has been cleared for farming purposes in the past and is vacant of any current agricultural uses, other than grazing. The subject parcel is not classified as Important Agricultural Land. The State of Hawaii Agricultural Lands of Importance to the State of Hawaii (ALISH)Map classifies approximately half of the subject property as "Unclassified" and the remaining approximately half as "Prime Agricultural Land". The Land Study Bureau(LSB) designates approximately half of the subject property as "unclassified" and consists of the lands designated as State Land Use Urban. The remainder of the subject parcel is classified with LSB "B" (good soils) and corresponds with lands that are designated as SLU Agricultural on the property. The U.S.D.A. Soil Survey classifies the soils within the subject property as Kikoni medial silt loam with 0 to 3 percent slopes. The soil consists of volcanic ash over a`a lava flows. The soil is considered well drained with a very low runoff class. The Hawai`i 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. Due to the close proximity of the property to Waimea Town Center, the reclassification of this 2.653 -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 Plan. -5- The accompanying draft bill to amend the State Land Use District Boundary Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- MsV Of N COUNTY OF HAWAII STATE OF HAWAII �OF•K�.I� BILL NO. ORDINANCE NO. AN ORDINANCE 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 PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-024: POR. 027. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. The State Land Use Boundaries Map for the County of Hawaii is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pu`ukapu, Waimea, South Kohala, Hawaii, shall be Urban District: Beginning at the Southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 944.18 feet South and 2,698.08 feet East, and thence running by azimuths measured clockwise from True South: 1. 149° 07' 471.30 feet along Lot B and Parcel 28; 2. 250° 21' 341.77 feet along the remainder of Lot 11- A-1; 4. 329° 07' 218.26 feet along Lot 11-A-2; 5. 30° 02' 383.59 feet along same, to the point of beginning and containing an area of 2.653 Acres. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- BKaupulehuLandLLC.SLU.EC.11.4.21 KA`UPULEHU LAND LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2021- 000001) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii 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 Hawaii Revised Statutes Chapter 165, the Hawaii 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. -1- Ag an Urba an Ag y <�yG Urban Ur b n MP G rban A �o Urban Agricultu al Ur an AGRICULTURAL TO URBAN 2.653 ACRES Agricu ural 944.18'S 2,698.06'E "WESTBASE" Agric I ral Agric ural Feet 0 300 600 900 1,200 1,500 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 PU'UKAPU, WAIMEA, SOUTH KOHALA, HAWAI'I MAP PREPARED BY: TMK:(3)6-4-024:por.027 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:July 9,2021 EXHIBIT"A" Ka'upulehu Land LLC Map: 21-207