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HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2021-003) (002) RGoodeREZ.1.192022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION REPORT GARVIN & LAURA GOODE CHANGE OF ZONE APPLICATION (PL-REZ-2021-000003) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 2-acre (FA-2a) for approximately 9.581 acres 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. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from Agricultural 20-acres (A- 20a)to Family Agricultural 2-acres (FA-2a) for approximately 9.581 acres of land, in order to create a three-lot subdivision. Currently there are two (2) dwellings (single family dwelling and an additional farm dwelling) located on the subject property and an entitlement for a second additional farm dwelling that has not yet been built. The property is currently being used to cultivate a variety of fruit trees, a start up nursery and a small equestrian use. According to the Zoning Code, the Family Agricultural (FA) zoning district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. If the requested rezoning is approved,the applicants propose to subdivide the subject parcel into three (3) lots, consisting of 3.7 +/- acres, 2.8 +/- acres and 2+/- acres, exclusive of a 1+ acre road/utility easement that bisects the property; the objective of the proposed request is for estate planning purposes. Two (2) of the three (3)proposed lots would be conveyed to family members, and would each contain a farm dwelling,while the lot with the single-family dwelling would be retained with the applicants who intend to continue to operate an approved Bed and Breakfast operation and existing agricultural activities. The applicants initially considered an FA-3a zoning, however, given the current -1- physical constraints of the property (shape of the property and placement of existing dwellings thereon and the 1+ acre roadway bisecting the property),the applicants could not devise a subdivision site design to meet their stated three (3) lot subdivision objective,thus the applicants are requesting the FA-2a zoning. Please note,while the proposed FA-2a zoning and existing lot size could theoretically allow subdivision of the property into four(4) lots,the same site constraints make this practically impossible. However, in order to ensure that the property cannot be subdivided into four(4) lots,the Director is recommending a condition prohibiting the land area encompassing the existing access and utility easement from being included in the calculation of land area for purposes of subdividing the subject parcel. 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 be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural (A-20a) to a Family Agricultural (FA-2a)zoning district will conform to, among others,the following goals,policies and standards of the General Plan Element and the Hamakua Community Development Plan (CDP). The General Plan is intended to be used as a 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 circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the islands residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources and the Economic Element provides -2- an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The proposed Change of Zone will conform to, among others,the goals,policies and standards of the Land Use and Economic General Plan Elements: Land Use ■ 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. Economic ■ Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. ■ Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. ■ Provide and economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. 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 and 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. In most cases, the LUPAG maps show the general location of a particular designation, and the boundaries are not meant to be precisely scaled(e.g., not intended to be interpreted with along parcel lines or with metes and bounds precision). While the property is designated both Important Agricultural Land -3- (ial) and Low Density Urban (ldu)by the General Plan LUPAG map, the Planning Director has determined that the subject parcel is situated entirely within the Low Density Urban LUPAG designation, given the existing surroundings and the broad-brush nature of the LUPAG map. The ldu designation includes 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. While the proposed FA-2a zoning is an agricultural zoning designation, it is also consistent with the ldu LUPAG designation, as indicated in the definition of FA zoning found in the Zoning Code. Surrounding land uses are generally rural and/or agricultural in nature, with a mix of dwellings and active farms. Properties directly adjacent to the subject property are zoned A-20a, as are most parcels to the north and west.Nearby parcels to the south and east of the subject property are zoned A-1Oa, A-la and RS-10, however,most of these lots are non-conforming in size because they were created prior to the establishment of the Zoning Code,thus there are other lots in the vicinity that are similar in size to the proposed lots. The U.S. Department of Agriculture (U.S.D.A.) soil survey identifies soils on the property as Hilo hydrous silty clay loam,with 0 to 10 percent slopes. The Agricultural Lands of Importance to the State of Hawai`i (ALISH) map indicates mostof the property is identified as"Prime Agricultural Land" and the Land Study Bureau's Detailed Land Classification System largely identifies soils of the property as "C" or"Fair" soil for agricultural productivity. A concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for productive agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. However, in this particular situation, the subject parcel is entitled with three (3) dwellings, from a practical standpoint,the same land area will be utilized for dwellings and the proposed rezoning and subdivision will not result in the creation of additional residential structures. -4- Furthermore, while three (3) lots will be created and two (2) of the lots will be conveyed to family members for estate planning purposes, the applicants and their children intend to continue and expand agricultural activities on the resulting lots. These activities include an established banana farm, over 80 avocado trees, a palm nursery, and existing equestrian activities. The applicants also propose to develop an exotic tree orchard on one of the proposed lots. In an effort to ensure the retention of as much land area as possible for existing and potential agricultural uses,the Planning Director is recommending a condition of approval prohibiting a second dwelling and/or a Condominium Property Regime (CPR) on each lot resulting from the proposed subdivision. This condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The proposed rezoning area is situated within the Hamakua Community Development Plan (HCDP)planning area and further designates it in an Agricultural area outside of a designated Urban Growth Boundary area and outside any designated Rural areas. According to the HCDP, Agricultural areas outside the Urban Growth Boundary and outside designated Rural area should be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty. Development and use of properties in the Agricultural area shall be limited to agriculture, related economic infrastructure and cottage industries,renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. The proposed FA-2a zoning will allow for the continued use of the properties for agricultural purposes,thus change of zone meets the intent of the HCDP. All essential utilities and services are available to the property. Access to the property is from Kalaoa Camp Road, which is private roadway easement that bisects the property,with an existing 12-13 foot-wide pavement and three (3)-foot-wide gravel shoulders within a 30-foot-wide easement area. Kalaoa Camp Road is accessed from the Hawai`i Belt Road (Highway 19), a State owned and maintained road with a 22-foot wide pavement and paved shoulders within a 100-foot right of way. The applicants have legal -5- rights to traverse the roadway easement and there are two existing driveways from Kalaoa Camp Road to each of the existing dwellings. A new driveway will be installed from Kalaoa Camp Road and will provide access to the third proposed dwelling. County water is available from an existing 4-inch waterline within Kalaoa Camp Road and the property is currently served via two (2), 5/8-inch water meters. According to the Department of Water Supply,there is one (1) additional unit of water available to the property the applicants will be required to install a new, 5/8-inch meter and related water system improvements and to serve the additional proposed lot. As mentioned above, a condition of approval will require the applicants to remove the roadway and utility easement from the total subdividable lot size to ensure that a fourth (4) lot cannot be created during the subdivision process,thus the proposed zoning will comply with the Zoning Code's Concurrency requirements related to water. The subject property is not currently serviced by the County sewer system. According to the applicants,wastewater is currently disposed of into existing,permitted cesspools for the existing single-family dwelling and existing additional farm dwelling. The proposed second additional farm dwelling will be serviced by a septic system meeting with the requirements of the Department of Health regulations. Solid waste will be disposed of at the nearby transfer station or Hilo landfill. Electricity and telephone are available to the property and police and fire services are available in Hilo. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws,rules,regulations, and requirements. 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 Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency (FEMA) and the Department of Public Works-Engineering Division (DPW),the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. -6- The request is not contrary to Chapter 205A,Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over two (2)miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus,it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. 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. Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the property has historically been used for intensive agricultural activities (sugar cane) and has since been developed with a dwelling and an additional farm dwelling,it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. -7- Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural,historical, and/or natural resources found on the site,there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls,terraces, platforms,marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly,this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, among many others. Compliance with all applicable governmental requirements is a condition of this approval recommendaiton; 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, approval of the Change of Zone request from an Agricultural 20-acre (A-20a) to Family Agricultural 2-acre (FA-2a)zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-34 (Papaikou-Onomea Zone Map)is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -s- 4�M�V`OF h{`�pi COUNTY OF HAWAII +_ STATE OF HAWAII ri�•oF•rr.M� BILL NO. ORDINANCE NO. (Plawx.4.g Pept.) AN ORDINANCE AMENDING SECTION 25-8-34 (PAPA`IKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT KALAOA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-7-008:130. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-34,Article 8, Chapter 25 (Zoning) 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 Kalaoa, South Hilo, Hawaii, shall be Family Agricultural—2 Acres (FA-2A): I. 00 0' 00" 283.49 feet along A-2; 2. 780 5F 00" 226.36 feet along the south side of Kalaoa Camp Road; 3. 100 42' 00" 276.84 feet along other lands of Grant 2396 to Kaikaina; Thence along the middle of Kahauiki Stream, the direct azimuth and distance being: 4. 1030 43' 29" 467.09 feet; 5. 1730 40' 00" 81.06 feet along Lot D; -I- Thence along a line 10' southeast of the top of gulch, the direct azimuth and distance being: 6. 600 0 F 55" 391.61 feet along Lot D; 7. 1600 02' 54" 101.50 feet along Lot B-1-A-1; 8. 740 34' 30" 207.73 feet along same; 9. 910 34' 00" 61.53 feet along same; 10. 910 29' 20" 39.21 feet along Lot A-2; 11. 1880 14' 47" 342.21 feet along Lot D to the middle of Aukuu Stream; Thence along the middle of Aukuu Stream for the next four(4) courses,the direct azimuth and distance being: 12. 2820 59' 39" 380.85 feet; 13. 2360 32' 32" 271.95 feet; 14. 2580 20' 14" 780.06 feet to the point of beginning and containing an area of 9.581 acres, more or less. 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 -2- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- CGoodeREZ.1.192022 GARVIN & LAURA GOODE CHANGE OF ZONE APPLICATION (PL-REZ-2021-000003) CONDITIONS OF APPROVAL A. The applicant(s),its successor(s) or assign(s) ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. The Applicant shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval shall be secured within rive (5)years from the effective date of this ordinance. D. The Applicant shall secure approval for and construct necessary water system improvements as required by the Department of Water Supply,which may include, but not be limited to, installation of a new service lateral and meter and remit the required facilities charges. E. The land area encompassing the access and utility easement shall not be included in the calculation of land area for purposes of subdividing the subject parcel. F. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. Prior to the submittal of plans for subdivision review,this restrictive covenant shall be recorded against the parent lot(s)with applicability to all lots subsequently created from the parent lot(s). This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawaii Bureau of Conveyances, with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. G. Prior to Final Subdivision Approval, the Applicant shall cancel the Additional Farm Dwelling Agreement(FDA-09-000255) and the Additional Farm Dwelling Agreement(FDA-18-000459) with the Planning Department. -1- H. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. L All earthwork and grading activity shall conform to the Hawai`i County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K. 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. L. The Applicant shall comply with all applicable County, State and Federal Laws, rules,regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant 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). -2- 5. If the Applicant should require an additional extension of time, the Planning Department 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- 0 0 A- -20a � -10 a PU'UMO'I ROAD 13,285.77'S 3,527.06'E "ALALA" A-20a 10 A-10a y RS 20 v� v mm -20 KALAOA CAMP ROAD 0 P's- 7Q A-20a 10 Rs-10 Rs- 0 ALEAMAI ROAD AGRICULTURAL(A-20a)TO FAMILY AGRICULTURAL(FA-2a) 9.581 ACRES A-20a A-la A-10a R -10 A-1 a Rs- o -20a KAI�I F ROAD Rs 0 Rs-10 A-10a Feet 0 600 1,200 1,800 2,400 3,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-2a) AT KALAOA, SOUTH HILO, HAWAI'I MAP PREPARED BY: TMK:(3)2-7-008:130 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:October 5,2021 Garvin and Laura Goode EXHIBIT"A" Map: 1431