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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2021-000013) RTre&REZ.crk.3.72022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DALE HERBERT TREFZ CHANGE OF ZONE APPLICATION (PL-REZ-2021-000013) 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 33,738 square feet of land. The property currently has two (2) condominium property regime (CPR)units: CPR 0001 (proposed Lot B-1) and CPR 0002 (proposed Lot 13-2), with one (1) single-family residence on each unit. The purpose of this request is to subdivide the property into two (2) lots of roughly 18,237 square feet and 15,501 square feet, consistent with the land area of each existing CPR unit, but free from CPR restrictions. According to the applicant, a subdivision application would be filed immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2022 and estimates that the cost of the project to be minimal as access and utilities to the property have been long established for two (2) dwellings on the property. 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. -1- 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, 33,738 square foot property is trapezoidal in shape, and slopes slightly from east to west. The subject property is currently improved with two (2) dwellings, one (1) on each CPR unit. CPR 0001 is 18,237 square feet in size and is improved with a 2,901 square foot dwelling that was built in 1963. CPR 0002 is 15,501 square feet in size and is improved with a 2,479 square foot dwelling permitted as an `Ohana Dwelling in 1988 and constructed in 1988. Each dwelling and related improvement is served by its own driveway from Lihipali Road. The parcels immediately to the east, south and west of the subject property are similarly zoned Agricultural 1-Acre (A-la) and are similarly of non-conforming sizes and primarily in residential use. Properties to the north are zoned Agricultural (A-400a) and used for cattle grazing. 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. Additionally, there have been similar rezone requests approved in the vicinity of the subject property. Based on the preceding, proposed RS-15 zoning would effectuate an increase in density that would be consistent with the ldu LUPAG designation and the land use pattern of the surrounding area. In addition, the proposed RS-15 zoning is consistent with the following Land Use goals,policies, and standards of the General Plan: ■ Designate and allocate land uses inappropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. -2- ■ 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 South Kohala Community Development Plan (SKCDP) area and is situated within an already developed area as shown on the Waimea Town Conceptual Plan map. To protect important agricultural lands or culturally,visually, and environmentally important open space or resources in Waimea, the SKCDP recommends that Agricultural Zoning between A-5a and A-40a be retained. As the subject property is currently zoned A-la, designated ldu by the General Plan LUPAG map, and not situated within any culturally, visually, and environmentally important open space areas,these recommendations do not apply. All essential utilities and services are available to the site. The subject property is currently accessed via Lihipali Street, a County-owned and maintained roadway with 16-to 20-foot-wide pavement within a 40-foot right-of-way (ROW). In the vicinity of the subject parcel,there are five (5) large drainage facilities/drywells maintained by the County on the mauka side of the road. Each CPR unit is served with its own,paved driveway. According to the Department of Public Works-Engineering Division (DPW), all driveway connections must conform with Chapter 22, County Streets of the Hawaii County Code, and access to Lihipali Road, including the provision of adequate sight distance must meet with the approval of DPW. The preceding will be added as conditions of approval. Finally, as the ROW that includes Lihipali Road is currently only 40 feet wide and the Subdivision Code's minimum ROW standard is 50 feet, a condition of approval will be added requiring the applicant to include a five (5)-foot-wide future road widening setback along the property's Lihipali Road frontage on any subdivision maps and to dedicate that land to the County upon the request of the Department of Public Works. -3- 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. Based on the preceding, no Traffic Impact Analysis Report(TIAR)requirement was triggered. According to the Department of Water Supply (DWS),water for the proposed 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. The preceding will be added as a condition of approval. As there is no municipal sewer system in the area,the two (2) existing dwellings are currently serviced by individual wastewater systems (IWSs)permitted by the state Department of Health (DOH)with the dwelling on CPR Unit 0001 serviced by a septic system and the dwelling on CPR Unit 0002 served by a permitted cesspool. According to the DOH Wastewater Division,the location of the existing IWS(s)may not meet the provisions of Hawaii Administrative Rule Chapter 11-62 regarding the setbacks from the (proposed new)property line based on the current subdivision layout. In response,the applicant provided more specific evidence that the proposed subdivision would meet the minimum required five (5) foot setback from the proposed property line to the IWS tank and absorption bed. As a reviewing agency, DOH will have an opportunity to vet this evidence more thoroughly during subdivision review and require additional improvements if necessary. Based on the preceding, a condition of approval will require that all IWSs will meet with the approval of DOH. Finally, as the requested rezoning will facilitate the creation of two (2) lots that will each contain a dwelling, no fair share condition was added triggered as that requirement normally applies to new dwelling units developed. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The majority of the subject parcel is in an area designated as Zone "X" (an area of minimal -4- flood hazard) on the Flood Insurance Rate Map (FIRM)by the Federal Emergency Management Agency (FEMA). A small portion of the northwest corner of the parcel is located in the Zone "XS" (an area of moderate flood hazard,usually the area between the limits of the 100-year and 500-year floods). As the applicants are not proposing any further development of the property,no impacts to drainage are anticipated. A public testifier submitted comments related to his personal observation of past flooding, including severe flooding events that have caused damage to surrounding properties. As previously stated, the applicant does not anticipate any new construction as part of this request,however, standard 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 change of zone 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 approximately ten (10) 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 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. As the subject property has been developed with a residential use since 1963, no professional archaeological and/or cultural studies were conducted of the property. No archeological or historical features are known to exist on the subject property and the applicant is not seeking to further develop the property (besides minor improvements and -5- maintenance of the existing structures and dwellings). The subject site is not adjacent and/or proximate to the shoreline, thus the gathering of marine life and coastal access is not practiced, and the applicant has not observed any Native Hawaiians gathering plants on the subject property or the surrounding properties. Finally, due to the long-standing residential use of the subject property and suburban character of the surrounding neighborhood,no floral of faunal studies were conducted. The applicant indicated that floral and faunal resources on the property are limited to introduced, ornamental plants and introduced bird and small animal species. There are no known listed or endangered species situated on or in the vicinity of the subject property. 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 25-8-7 (North and South Kohala District 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- JNSY OF hljy COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL —ONE ACRE(A-la) TO SINGLE-FAMILY RESIDENTIAL — 15,000 SQUARE FEET (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-5-007:045-0001, AND 0002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, 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 Waimea, South Kohala, Hawaii, shall be Single-Family Residential — 15,000 square feet(RS-15): Beginning at a '/z inch pipe (found) at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot B and being a point on the Southerly side of Lihipali Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"WEST BASE" being 610.23 feet North and 4,116.75 feet West and running by azimuths measured clockwise from True South: 1. 3390 32' 45" 240.69 feet along Lot B and along the remainder of Grant 12,788 to R.T. and G.G. Williams to a point; 2. 900 22' 30" 171.35 feet along Lot H and along the remainders of Grant 11,565 to C. Littlejohn and Grant 11,556 to A. Waterhouse to a point; -1- 3. 1570 59' 175.33 feet along Lot A and along the remainders of Grant 11,556 to A. Waterhouse and Grant 12,788 to R.T. and G.G. Williams to a rebar (found); 4. 2470 59' 165.00 feet along the Southerly side of Lihipali Road to the point of beginning and containing an area of 33,738 square feet. 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- CTre&JZEZ.crk.3.72022 DALE HERBERT TREFZ CHANGE OF ZONE APPLICATION (PL-REZ-2021-000013) 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 to 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. All driveway connections to Lihipali Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. Access to Lihipali Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. H. A five (5) foot wide future road widening setback along the property's Lihipali Road frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works, the Applicant shall subdivide the land encumbered by the future road widening setback and dedicate it to the County of Hawaii at no cost. L The method of sewage disposal shall meet with the requirements of the State Department of Health. J. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g.,rock walls,terraces,platforms, etc.), -1- 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. K. 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. L. The Applicant shall comply with all applicable County, State and Federal codes, laws,rules,regulations, and requirements for the proposed development, including the Fire Department, Department of Public Works, Department of Water Supply and Department of Health. 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: 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. -2- N. 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-400a 610.23'N A-400a 4,116.75'W "WEST BASE" A 1a AGRICULTURAL(A-1 a)TO \��PO SINGLE-FAMILY RESIDENTIAL \N\Q P' A- a A-1a (RS-15) L AREA:33,738 SQ.FT. 1a O A-1a -1a KONOKOHgU A a a A- a A-1a A 1a �s RS-15 A a p A 1a A- a -1a A 1a e��� a s 5 A- a a �o 0 HOKULANI PL o 0, A-1a a A-1 0 J A-1a A- a o A 1a RS 15 HOKUULA RD 7.5 - 5- A- a A- A R 7. Rs-2o A-1a A-1 Rs- 0&0� P A-la Feet 0 400 800 1,200 1,600 2,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT 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-1 a) TO SINGLE-FAMILY RESIDENTIAL (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAI'I MAP PREPARED BY: TMK:(3)6-5-007:045-0001&0002 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:December 10,2021 Dale Trefz EXHIBIT"A" Map: 1436