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HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2021-000011) RKahananuiREZ.EC.1.4.22 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION AARON NUOLA KAHANANUI CHANGE OF ZONE APPLICATION (PL-REZ-2021-000011) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone request 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. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from an Agricultural-1 acre (A-la) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district for .992 acres of land. The applicant has also submitted a concurrent request for a State Land Use Boundary Amendment from an Agricultural to an Urban zoning district for the same land area. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the property into a total of two (2) residential lots, with a minimum lot size of 15,000 square feet each for estate planning purposes. According to the applicant, a subdivision application would be filed immediately after the granting of the Change of Zone and State Land Use Boundary Amendment. The applicant anticipates having the property subdivided by mid-year 2022 and for estimated cost of the project to be minimal. 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 approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an Agricultural-1 acre (A-la)zoning district to a Single-Family Residential-15,000 square feet(RS-15)zoning district conforms to applicable goals,policies and standards of the General Plan. The subject, .992-acre property is irregular in shape, and gradually slopes from East to West with an approximately 12% slope. The subject property is currently improved with one (1) single-family dwelling and one (1) `Ohana Dwelling. The first dwelling with the accessory finished basement living area was constructed in 1961 and the `Ohana Dwelling was constructed in 1992. The property has been utilized for residential use since 1961. The properties immediately to the north and south of the subject property are similarly zoned Agricultural 1-Acre (A-la). Across Mamalahoa Highway to the west, parcels are zoned Agricultural 5-Acres (A-5a). The surrounding area consists mainly of residential uses with a water purification and bottling plant operating via special permit on 6.286 acres of agriculturally zoned land directly across Mamalahoa Highway to the west of the subject parcel. Despite the A-1 a zoning of the surrounding context, there are several A-la zoned lots that are similar in land area as the proposed subdivision and some lots that are even smaller. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed RS-15 zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban (LDU), which allows for residential uses, with ancillary community and public uses as well as neighborhood and convenience-type commercial uses. The overall residential density may be up to six (6)units per acre. Based on the preceding,proposed RS-15 zoning would effectuate an increase in density that would be consistent with the LDU LUPAG designation. In addition, the proposed RS-15 zoning is consistent with the following Land Use goals,policies, and standards of the General Plan: -2- ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ■ Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. ■ Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, and public need. ■ Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals,policies, and standards. The subject property is located in the Kona Community Development Plan (KCDP) district and lies within the region defined as the Kona Urban area. The KCDP encourages growth and infill within the Kona Urban Area. Policy LU-2.8: Development outside Transit-Oriented Developments (TODs), but within the Kona Urban Area addresses the appropriate guidelines for rezonings within the Kona Urban Area. The proposed change of zone satisfies the requirements of the KCDP for rezonings in the Kona Urban area. All essential utilities and services are available to the site. Existing access to the subject property is via Kinoulu Street, which is classified as a"road in limbo' according to the Department of Public Works. Kinoulu Street is not maintained by the County or by the State Department of Transportation and has an approximate varying pavement width of ten (10)to twelve (12) feet within an existing right-of-way of twenty (20) feet. The proposed two (2) lot subdivision will be served by three (3) existing driveway connections to Kinoulu Street, with no new additional ingress/egress proposed. Two (2) driveways provide access to the `Ohana Dwelling on the eastern portion of the property, and one (1) driveway provides access to the Single-Family Dwelling on the western portion of the property. The applicant intends to continue the residential use of the property with the two existing dwellings, and therefore there is no expected increase in traffic to the property and can be anticipated to create traffic trips equivalent to two single-family dwellings. According to the Department of Water Supply (DWS), water for the proposed -3- project is available from two (2) existing DWS water meters. DWS requires that the applicant designate, in writing, which lot or lots within the proposed subdivision will be assigned the existing service,prior to final subdivision approval. DWS also stated that final subdivision approval will be subject to compliance with the requirements to construct necessary water system improvements. These improvements include but are not limited to installation of a fire hydrant within 300 feet of each proposed lot, as well as the cost to relocate or adjust the Department of Water Supply's affected water system facilities, which shall be added as conditions of approval. As there is no municipal sewer system in the area, the two (2) existing dwellings are currently serviced by one (1)private septic system and one (1) cesspool. Proposed Lot 1-A will be serviced by the existing cesspool and proposed Lot 1-B will be serviced by the existing septic system. All other essential utilities are available to the property. Thus, upon securing final subdivision approval each dwelling will be serviced by private individual wastewater systems in compliance with the State Department of Health. Police and fire services are available within six (6)miles of the subject property. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. According to the Federal Emergency Management Agency the subject property is designated as Zone "X", an area determined to be outside the 500-yearflood plain, and it is not known to be prone to flooding. The topography of the subject property gradually slopes from East to West with an approximately 12% slope. Conditions of approval will be added to require that all development generated runoff will be disposed of on site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the proposed reclassification meets this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over four (4) miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazards and beach erosion. There are no identified -4- recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, historic resources in the area. Thus,the proposed request and use of the property will not adversely impact those resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights.In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided comments to address the impact of the proposed project on endangered or threatened flora and fauna that may occur in the project area, specifically the Hawaiian Hawk(`Io), the Blackburn Sphinx Moth, Hawaiian hoary bats, Hawaiian goose (Nene), and seabirds. Additionally, DOFAW provided comments regarding the spread of Rapid `Ohi`a Death and the spread of invasive plant species. While no new land clearing or construction is proposed, conditions of approval will be included to address the recommendations provided by DOFAW. As the subject property has been developed with a residential use since 1961, no professional archaeological and/or cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property. The applicant is not seeking to further develop the land(besides minor improvements and maintenance of the existing structures and dwellings). The subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject property or the immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant reports they have not observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. It is not known whether the subject property or the immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant reports they have not -5- observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings,the request to rezone the property from an Agricultural-1 acre (A-la)zoning district to a Single-Family Residential-15,000 square feet (RS-15)zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- COUNTY OF HAWAI`I - STATE OF HAWAI`I -..__-- -- . BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE (A-Ia) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT OOMA 1ST, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-017:024 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ooma 1st, North Kona, Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15): Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 2 and being a point on the Easterly 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 9,739.71 feet South and 8,308.45 feet West and running by azimuths measured clockwise from True South: 1. 1670 13' 58.23 feet along the Easterly side of Hawaii Belt Road(F.A.P. No. F-10 (5))to a point; 2. 1900 06' 30" 64.04 feet along the Easterly side of Hawaii Belt Road(F.A.P. No. F-10 (5))to a 1/2 inch pipe (found); 3. 2740 1 F 446.24 feet along the Southerly side of Kinoulu Street to a point; -I- 4. 3280 26' 30" 53.33 feet along the Westerly side of Old Government Mauka Road to a 1/2 inch pipe (found); 5. 3320 22' 20.83 feet along the Westerly side of Old Government Mauka Road to a 1/2 inch pipe (found); 6. 870 13' 481.55 feet along Lot 2 and along the remainder of Grant 4343 to J.M. to J.M. Lilinoe to the point of beginning and containing an area of 0.992 Acre. 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, Hawai`i 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. SEE ATTACHED 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 HAWAI`I Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- CKaupulehuREZ.j ma.11.5.21 AARON NUOLA KAHANANUI CHANGE OF ZONE APPLICATION (PL-REZ-2021-000011) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns (Applicant) shall comply with all of the stated conditions of approval. B. Prior to issuance of Final Subdivision Approval,the Applicant shall designate, in writing, which lot within the proposed subdivision will be assigned each of the existing service meters and construct necessary water improvements, which shall include but not be limited to installation of a fire hydrant within 300 feet of each proposed lot and relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. C. Final Subdivision Approval shall be secured within five (5)years from the effective date of this ordinance. D. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. E. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. F. The method of sewage disposal shall meet with the requirements of the State Department of Health. G. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces,platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find,protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933- 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. H. To protect any Hawaiian Hawks (`Io) in the project vicinity,prior to cutting any trees on the subject property, a qualified biologist shall survey the area to ensure no Hawaiian Hawk nests are present. I. To protect Blackburn's Sphinx Moth (BSM) contact DLNR, Division of Forestry and Wildlife (DOFAW)to determine whether a vegetation survey should be conducted. To avoid harm to the BSM, remove plants less than one meter in height or during the dry time of the year. If removing tree tobacco plants or disturbing the ground around these plants, they must be checked thoroughly for the presence of eggs and larvae. J. To protect any Hawaiian hoary bats in the vicinity of the property, woody vegetation over 15 feet in height shall not be disturbed, removed or trimmed during bat birthing and pup rearing season, from June 1st to September 15th. K. To avoid and minimize potential project impacts to the endangered Hawaiian goose (Nene)the Applicant shall implement the following applicable measures: Do not approach, feed, or disturb Nene. If Nene are present during construction activities, all activities within 100 feet(30 meters) should cease, and the bird should not be approached. Work may continue after the bird leaves the area of its own accord. Contact DOFAW for further guidance if a nest is discovered or a previously undiscovered nest is found on the subject property after work begins. L. To protect any seabirds in the vicinity of the property, the Applicant shall install shielded outdoor lights to direct light downwards. Additionally, the Applicant shall install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Finally, the Applicant shall avoid nighttime construction during the seabird fledging period, September 15 through December 15. M. To prevent the spread of Rapid `Ohi`a Death (ROD), if`Ohi`a trees are present and will be removed, trimmed or potentially injured, DOFAW requests that Applicant follow the guidance of the College of Tropical Agriculture and Human Resources, University of Hawaii. Additionally, the Applicant shall minimize the movement of plant or soil material between worksites in order to prevent the spread of invasive species. All equipment, materials and personnel shall be cleaned of excess soil and debris. All gear that contains soil, such as work boots -2- and vehicles, should be thoroughly cleaned with water and sprayed with 70% alcohol solution. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations, and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the Applicant should require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- A-3a 0 A-20a CD A-5a A-la A-la y 0 A-la 03 J G �Z A-3a mZ� A-5a I �a KINOULU PL A-5a 9,739.71'S 8,308.45'W "MOANUTAHEA" AGRICULTURAL(A-1a)TO SINGLE FAMILY RESIDENTIAL(RS-15) 0.992 AC RES A-3a A-la AKINA PL -1 A-la 0 0 A-20a HA1I40 ST o A-la 0 A-la A-la v Feet 0 300 600 900 1,200 1,500 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-1 a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT OOMA 1ST, NORTH KONA, HAWAI'I MAP PREPARED BY: TMK:(3)7-3-017:024 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:Octobers,2021 EXHIBIT"A" Kahananui Map: 1433