Loading...
HomeMy WebLinkAboutPD Recommendation Report (PL-SLU-2021-000002) RKahananuiSLU.EC.12.23.21 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION AARON NUOLA KAHANANUI STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION (PL-SLU- 2021-000002) 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 applicant is requesting a State Land Use Boundary Amendment from an Agricultural to an Urban zoning district for approximately .992 acres of land. The applicant has submitted a concurrent request for a Change of Zone from Agricultural-1 acre (A-la) to Single-Family Residential— 15,000 square feet(RS-15) for approximately .992 acres of land. The subject property is currently improved with one (1) single-family dwelling with an accessory finished basement and one (1) `Ohana Dwelling. 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. The approval of the reclassification from the State Land Use Agricultural to the Urban District for .992 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 indicated for future urban use on state or county general plans." -1- The proposed reclassification action conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The subject property holds a Low Density Urban (LDU) designation which allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six (6)units per acre and there are currently only two (2)units on the parcel. The subject property is located within lands covered by the Kona Community Development Plan (KCDP) and is situated within the Kona Urban area, where the KCDP encourages future residential growth. Policy LU-2.8: Development outside Transit- Oriented Developments (TODs), but within the Kona Urban Area addresses the appropriate constraints for Rezonings within the Kona Urban Area. Policy LU-2.8 (2)(b) reads: "Conventional Rezoning. Rezoning to other than TND, is subject to the following guidelines: Consistency with LUPAG. Refer to Policy LU-1.3. i. Infill. 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 of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable. ii. "Greenfields"Rezoning. Rezoning anywhere within the Kona UA, whether within or outside a TOD area designated on Figure 4-7 Official Kona Land Use Map, that is not a TOD, TND, or infill shall require an amendment to the Kona CDP. Policy LU-2.8 (2)(c) addresses State Land Use Boundary Amendments in the Kona Urban Area and reads: "State Land Use. Where a rezoning application meets the above criteria, the County shall support a State Land Use Urban Boundary amendment for lands within the County Urban Expansion Area. " The proposed State Land Use Boundary Amendment fulfils the criteria as prescribed by Policy LU-2.8 (2) (c) of the KCDP, which addresses State Land Use Boundary Amendments in the Kona Urban Area. As prescribed in the criteria of Policy -2- LU-2.8 (2) (c), the proposed State Land Use Boundary Amendment is consistent with the General Plan LUPAG map,promotes residential infill, and is situated within the Kona Urban Area which is an area designated for urban expansion. Finally, the reclassification action would be consistent with the goals, objectives, and policies of the Hawaii State Plan by, 1)providing urban type uses in close proximity to existing urban areas where adequate public facilities are already available, and 2) 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 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. Department of Water Supply (DWS)water service is available for the two (2)residential lots in the proposed project via two (2) existing DWS water meters. Wastewater will continue to 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 six (6)miles of the site in Kailua-Kona. 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 situated within the Kona Urban Area by the KCDP, which is an area designated for urban development and residential infill. The -3- surrounding area is already a suburban-like environment, being predominantly in residential use with a mix of agricultural uses and one (1) industrial use, a water purification and bottling facility operating via special permit across Mamalahoa Highway from the subject parcel. As the subject property is within an area designated for urban development, the reclassification of the property will not contribute towards scattered urban development and is compatible with the surrounding area and existing uses. 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 is designated as Zone 'X", which is an area determined to be outside the 500-year floodplain. The topography of the project site gradually slopes from east to west with an approximately 12% slope. The property is located over four (4) miles from the nearest shoreline and 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. " The subject property is located within the State Land Use Agricultural District and the County's Agricultural 1-Acre (A-la) zoned district, however it is not considered prime or important agricultural land by the State. Furthermore, the property is not being actively used for agriculture and has been in residential use since 1961. The property is currently developed with two (2) dwellings and related improvements covering the majority of the property's land area. As the subject property is situated adjacent to lands in the State Land Use Agricultural District, conditions of approval will be added related to the Hawai`i Right to Farm Act, HRS Chapter 165, which was enacted to protect farming operations on land in -4- the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. Due to the existing residential use of the subject parcel without any recent agricultural use, the reclassification of this .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, a State Land Use Urban classification would complement the existing and future land use pattern of the surrounding area as the General Plan LUAG designation for the parcel is Low Density Urban and is located within the Kona Urban Area. 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. 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. -5- COUNTY OF HAWAI`I - STATE OF HAWAI`I -..__-- -- . BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT OOMA 1ST, NORTH KONA, HAWAI`I BY TAX MAP KEY: 7-3-017:024. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are 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 Urban: 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; 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. This change in district classification is conditioned upon the following: A. INSERT 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 HAWAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CKahananui.SLU.EC.1.4.22 AARON NUOLA KAHANANUI STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION (PL-SLU-2021-000002) 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. O N Agricultural Agricultural z D D -i 2� �G KINOULU ST O KINOULU PL 9,739.71'S 8,308.45'W "MOANUTAHEA" AGRICULTURAL TO URBAN 0.992 ACRES AKINA PL O Agricultural gricultu al y HPMO g1. 0 v 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 HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT OOMA 1 ST, NORTH KONA, HAWAIT MAP PREPARED BY: TMK:(3)7-3-017:024 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:Octobers,2021 EXHIBIT"A" Kahananui Map: 21-208