HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SLU-2022-004) RHagen-CO W e 11SLU.05.26.2022
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
AMY HAGEN-COWELL TRUST
STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION
(PL-SLU-2022-000004)
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
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 6.875 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— 10,000 square feet(RS-10) for approximately 6.875 acres of
land.
If the requested land use entitlement changes are approved, the applicant proposes
to subdivide the property into a total of 15 lots, with a minimum lot size of 14,000 square
feet each, consisting of one (1) existing single-family dwelling and supporting
infrastructure on each lot.
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for 6.875 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."
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The subject proposed boundary amendment conforms to this standard as lands
directly contiguous to the east, partially to the north and within close proximity to the east
are designated Urban and consist of single-family residential subdivisions and urban
densities (lot sizes between 10,000 to 15,000 square feet) and various commercial uses.
The proposed reclassification action conforms to the General Plan Land Use
Pattern Allocation Guide (LUPAG) Map. The subject property holds a Medium Density
Urban (MDU) designation and Low Density Urban (LDU) designation. 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 acres for multiple family residential use. The LUPAG
LDU designation allows for residential,with ancillary community and public uses, and
neighborhood and convenience-type comemrcial 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 Kona Community Development Plan (KCDP)was adopted by the Hawai`i
County Council by Ordinance No. 08-131 on September 25, 2008. The subject property
is located within lands covered by the KCDP and is situated within the Captain Cook
Rural Town TOD, an area where the KCDP encourages growth. According to Section
4.2.2, overall land use strategy indicates that, "outside of the Kona Urban area, the
character of the rural towns shall prevail. This means that limited future growth should
be directed to the existing rural towns and villages in a way that revitalizes and enhances
the existing rural lifestyle and culture of those communities. Outside of these towns and
villages, the protection of important agricultural lands is a priority objective. "Thus, the
proposed SLU boundary amendment is consistent with the KCDP.
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.
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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. The subject property is located at the cross junction of Hawaii Belt Road
(Mamalahoa Highway), Alii Drive Extension andNapo`opo`o Road. Existing access to
the subject property is directly from Hawaii Belt Road, a primary arterial roadway that is
owned and maintained by the State. The applicant is proposing to construct a new
County dedicable standard road to service the western end of the proposed subdivision
from Hawai`i Belt Road and a 12-foot-wide paved outbound access road within a 20-
foot-wide easement from the southern end of the subject property.
The State Department of Transportation (DOT)requires that a Traffic Assessment
or an access evaluation be submitted and accepted by the State DOT. Additionally, DOT
further requested that the report include an analysis pertaining to traffic safety and line of
site for the two proposed access points. Conditions of the concurrent change of zone
request will address these requirements.
Water can be made available to the site. Wastewater will be served by Individual
Wastewater Systems (IWS) meeting the approval of the State Department of Health
(DOH). Police and fire protective services are within close proximity to the project site.
All essential utilities can be made available to the property.
Urban Districts shall include lands characterized by "city-like"
concentrations of people, structures, streets, urban level of services and other
related land uses. The proposed reclassification action does not represent the creation of
a new urban concentration, as the subject site is located with the Captain Cook Rural
Town TOD, with urban level facilities including similar single-family residential zoning
and residential subdivisions and various retail establishments. The surrounding area is
already an urban-like environment having a mix of existing residential and commercial
uses nearby. There are several types of commercial business operating within 1,000 feet
of the subject property including a gas station, auto parts store,hardware store,
laundromat, restaurants, and other retail/commercial uses. As these urban type uses
already exist in the immediate area, the urbanization of the project site will not contribute
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towards scattered urban development and is generally compatible with the surrounding
area. The project site is located within the Rural Town TOD This project will expand the
already established Captain Cook residential 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 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 less than 10% slope.
The property is located over one (1)mile from the nearest shoreline and is not situated
within the Special Management Area, the tsunami inundation area or evacuation area.
Conditions of approval of the concurrent Change of Zone application will require
that all development-generated runoff will be disposed of on site and not directed toward
any adjacent properties and that 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 of floods, 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. The subject property has been cleared
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 imporatance to the State of Hawai`i (ALISH) Map classifies the subject
property as "Unclassified" land. The Land Study Bureau (LSB) classifies approximately
half of the subject property as "E" or"Very Poor"and the remainder as "C" or"Fair
Soils". The U.S.D.A. Soil Survey classifies the soils within the subject property as
Honuaulu Hydrous Silt and Puna and Haplic Udarent soils with 10 to 20 percent slopes.
The soils consist of a`a lava flows. The soil is considered well drained with a very low
runoff class.
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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 location of the property within the Captain Cook Rural Town TOD, the
reclassification of this 6.875 acres of land from the Agricultural to the Urban State Land
Use desgination will nto 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 property.
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: An archaeological inventory survey (AIS)
entitled "Final Archaeological Inventory Survey, TMK: 8-1-008:004, Ka`awaloa
Ahupua`a, South Kona District, Island ofHawai`i"was prepared by Haun and Associates
in March 2021.
The valued cultural; historical, and natural resources found in the rezoning area:
The AIS identified four historic sites with a total of 26 features. These consist of three
single feature wall sites (Site 50-10-47-311441, Site 31145, and Site 31146) and one
complex comprised of 23 component features (Site 31147). The identified features
consist of nine enclosures, four walls, three stone-lined pits, two concrete pads, two
platforms,two retaining walls, one lava blister, one trail, one walled terrace, and one
wooden structure. Feature function consists of livestock control (12), activity area(6),
storage (5),bathroom (2), and transportation (1). The four sites in the project area possess
integrity of location, design, setting, materials, and workmanship. All of the sites are
assessed as significant for its information content(Criterion "D"). The sites have yielded
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information important for understanding historic habitation and animal husbandry
activity in the area. Site 31147 is additionally assessed as significant under Criterion"B"
(association with the lives of persons important in our past),based on the site's
association with the Reverend John Davis Paris and his family. The AIS determined all
sites were adequately documented and were recommended for no further archaeological
work. The three perimeter wall sites will not be impacted by land alteration and will be
avoided during construction, with the exception of possible breaches for access and
utility installation.
By letter dated April 20, 2021, the State Historic Preservation Division (SHPD)
accepted the AIS, agreeing with the significance determination and requesting that an
archaeological monitoring plan (AMP)be submitted to SHPD for review. By letter dated
June 24, 2021, SHPD approved the AMP.
According to the applicants, it is not known whether the subject property or
immediate surrounding area has been used in the recent past for the gathering of plants by
Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians
gathering plants or conducting any other customary and traditional practices on the site or
the adjoining properties.
Possible adverse effect or impairment of valued resources: With the exception of
the previously mentioned archaeological sites, which should be protected pursuant to the
approved AMP, the impairment of other valued resources on the property is unlikely.
Feasible actions to protect native Hawaiian rights: As stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not affect
traditional Hawaiian rights; therefore, no action is necessary to protect these rights.
However, in addition to the AMP mentioned above, 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.
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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.
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4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. (Ylatilibiq Pep+.)
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KEALAKEKUA, SOUTH
KONA, HAWAII, COVERED BY TAX MAP KEY: 8-1-008:004
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
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 Kealakekua, South
Kona, Hawaii, shall be Urban:
LOT 1
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 of this subdivision and being a point on the Southerly
boundary of Parcel 188 TMK: 8-1-006 (3rd Division),the coordinates of said point of
beginning referred to Government Survey Triangulation Station"PU`U OHAU,"being
6,201.12 feet South and 11,871.10 feet East and running by azimuths measured clockwise
from True South:
Thence, for the next seven (7) courses following along the remainder of Royal
Patent 4386, Land Commission Award 8452,Apana 10 to A. Keohokalole:
1. 2490 56' 40" 247.74 feet along Parcels 188 and 062 of
TMK: (3) 8-1-006 and along Lot B
to a point;
2. 2510 00' 304.44 feet along Parcel 001 of TMK: (3) 8-
1-006 to a point;
3. 2520 33' 320.95 feet along Parcel 001 of TMK: (3) 8-
1-006 to a point;
4. 3190 30' 40" 153.97 feet along Lots 11, 10, and 9 of
Captain Cook Village subdivision to
a point;
5. 480 39' 40" 744.95 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
6. 3330 27' 48.28 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
7. 170 09' 30" 91.36 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
Thence, from a tangent azimuth of 1170 03' 11"following along the Northeasterly
side of Mamalahoa Highway on a
curve to the right with a radius of
715.00 feet, the chord azimuth and
distance being:
8. 1310 40' 34" 361.02 feet to a point;
Thence, for the next six (6) courses following along Lot 2:
9. 1520 40' 59.82 feet to a point;
10. 1580 13' 35.96 feet to a point;
11. 1770 37' 12.02 feet to a point;
12. 1580 09' 30" 31.69 feet to a point;
13. 1390 09' 11.95 feet to a point;
14. 1590 04' 88.08 feet to the point of beginning and
containing an area of 6.875 Acres.
LOT 2
Beginning at the northwest corner of this parcel of land and along the easterly side
of Mamalahoa Highway, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PU`U OHAU,"being 6,202.93 feet South and
11,866.16 feet East,thence running by azimuths measured clockwise from True South:
1. 2490 56' 40" 5.26 feet along the remainder of R. P.
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4386, L. C. Aw. 8452,Ap. 10 to
Keohokalole;
Thence, along the remainder of R. P.
4386, L.C. Aw. 8452, Ap. 10 to
Keohokalole (Lot 1) for the next six
(6) courses, the direct azimuths and
distances being:
2. 3390 04' 88.08 feet;
3. 3190 09' 11.95 feet;
4. 3380 09' 30" 31.69 feet;
5. 3570 37' 12.02 feet;
6. 3380 13' 35.96 feet;
7. 3320 40' 59.82 feet;
8. Thence, along Mamalahoa Highway on a curve to the right with a radius of
715.00 feet, the chord azimuth and
distance being:
1550 53' 23" 238.25 feet to the
point of beginning and containing an
area of 1,769 Square Feet.
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:
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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Magen-CO W e 11SLU.5.26.22
AMY HAGEN-COWELL TRUST
STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION
(PL-SLU-2022-000004)
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.
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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 KEALAKEKUA, SOUTH KONA, HAWAII.
MAP PREPARED BY:
TMK:(3)8-1-008:004 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 24,2022
EXHIBIT"A" Amy Hagen-Cowell Trust
Map: 22-004