HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SLU-2022-006) RMcColloughSLU.CM.8.4.22
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ARTE MCCOLLOUGH
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(PL-SLU-2022-000006)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the application for a State Land Use Boundary Amendment 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 recommendation
based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural to subdivide the property into two lots, approximately 2.9 acres in
size containing an existing single-family dwelling on each lot. The applicant is also
requesting a concurrent Change of Zone from Agricultural-5 acre (A-5a) to Residential
and Agricultural-2 acre (RA-2a) for the 5.848-acre subject property.
The approval of the reclassification from the State Land Use Agricultural to
the Rural District will not be in violation of Section 205-2, Chapter 205,Hawaii
Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules,
Rule 13 of the Planning Commission Rules of Practice and Procedures, the County
General Plan and the Hawaii State Plan. According to the Hawaii Land Use
Commission Rules, the following three standards shall apply when determining an area
for the Rural district boundaries:
(1) Areas consisting of small farms;provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the area;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per one-
half acre in areas where "city-like" concentration of people, structures, streets, and
-1-
urban level of services are absent, and where small farms are intermixed with the
low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include other
parcels of land which are surrounded by, or contiguous to this district, and are not
suited to low-density residential uses for small farm or agricultural uses.
The property was created on April 29, 1985 as one of 30 lots in the Kanehoa Estates
Subdivision. The surrounding lands are located within the State's Agricultural (A) and
Rural (R) Districts, and the County's Residential and Agricultural (A-20a, A-5a, RA-2a)
zoned districts. The Anekona Estates Subdivision is located immediately to the west
(makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations Subdivision is
located to the east. These subdivisions include mixed residential and small farm uses as
well as vacant lands. Finally, there is a vacant 1,962-acre parcel to the north across
Kawaihae Road which is zoned A-40a. These subdivisions include primarily residential
uses with some agricultural uses and vacant lands. From 1998 to 2006, the County
Council approved 32 similar requests for State Land Use Boundary Amendments from
the Agricultural to the Rural districts and Change of Zones from A-5a to RA-2a in the
Kanehoa Estates Subdivision and adjacent Anekona Estates Subdivision.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within
the rural district shall include the following activities: (1) All uses permitted under
section 15-15-25 relating to agricultural uses and those uses that are compatible within
the agricultural district; (2) Low-density residential uses with a minimum lot size of
one-half acre, except as provided by County ordinance pursuant to Section 464(c),
HRS..."
The proposed boundary amendment from the Agricultural to Rural district is
necessary in order for the applicant to subdivide its property into two lots approximately
2.9 acres in size. The minimum lot size in the State's Agricultural district is 1 acre
whereas the minimum lot size in the State's Rural district is one-half acre. The applicant
has stated that the 5.848-acre parcel will be subdivided into two residential/agricultural
lots.
-2-
According to HRS 205-3.5, Reclassification of land contiguous to an agricultural
district; approval conditions:
a) Any decision approving a petition for a boundary amendment pursuant to this
chapter where lands in the petition area are contiguous or adjacent to lands in the
agricultural district, shall include the following conditions in the decision granting
approval:
(1) A prohibition on any action that would interfere with or restrain farming
operations; 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; and
(2) Notification to all prospective developers or purchasers of land or interest in land
in the petition area and subsequent notification to lessees or tenants of the land,
that farming operations and practices on adjacent or contiguous land in the
agricultural district are protected under chapter 165, the Hawaii right to farm act,
and that the notice shall be included in any disclosure required for the sale or
transfer of real property or any interest in real property.
As the subject property is adjacent to the north and south to parcels located in the State
Land Use Agricultural District, the above will be added as conditions of approval.
Based on the foregoing,the requested boundary amendment and subsequent
subdivision would be consistent with the permissible uses of the Rural district.
The proposed Rural boundary amendment request would be consistent with,
among others, the Land Use (Single Family Residential) policies of the General Plan:
• Rural-style residential-agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
• Review and amend land use ordinances and codes to include considerations
for rural-style residential subdivisions in appropriate locations. Standards and
criteria for the establishment of these areas shall be developed.
-3-
The proposed Rural boundary amendment request also conforms to the
General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates
the area as Rural. The General Plan's Rural designation includes existing subdivisions
in the State Land Use Agricultural and Rural districts that have a significant residential
component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes
a mix of rural-residential and limited agricultural activities. This boundary request would
allow a rural development for residential-agricultural uses that will complement the
existing and future residential-agricultural land use patterns of the immediate vicinity.
The property is located within the State Land Use Agricultural and County's Agricultural
(A-5a) zoned districts and is actively being used for residential and agricultural purposes.
The property is unclassified by the Agricultural Lands of Importance to the State of
Hawaii (ALISH) System. Soils within the property are classified as E, considered very
poor for agricultural productivity by the Land Study Bureau. While the potential for
agricultural uses may exist,the soil conditions within the property and surrounding area
would make it difficult for sustained agricultural activities from being conducted on the
site. Based on the above findings, the granting of the Rural boundary amendment would
complement and implement the General Plan.
All utilities and services are available to the property,which are essential to
accommodate rural development. Access to the subject property is from `Ouli Street, a
privately owned and maintained roadway with a fifty (50) foot right-of-way with sixteen
(16) feet of asphalt paving and grass swales. Both proposed lots will have direct access
off`Ouli Street.
The Department of Water Supply (DWS) is currently servicing the two (2)
existing single-family dwellings on the subject property with two (2) existing water
meters fronting the existing parcel. DWS requests that the applicant designate, in writing,
which lot within the proposed subdivision will be assigned the existing services,prior to
recommending final subdivision approval. Should the existing meter or service lateral not
front the parcel that it will serve,the existing meter or service lateral would need to be
relocated to comply with the Department' s Rules and Regulations. The Department
-4-
requests that the plat map be revised to show the existing meter locations with the meter
numbers. According to the applicant, no further units of water will be necessary to
support the proposed two (2) lot subdivision.
The proposed lots will continue to utilize their own individual wastewater septic
systems that were previously approved by the State Department of Health (DOH). Solid
waste will be disposed of at the Waimea transfer station.
The subject property is in area designated as Zone X, which is an area determined
by the Federal Emergency Management Agency (FEMA) to be outside the 500-year
flood plain. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code.
Police, fire, and emergency services are available nearby in Waimea,
approximately six (6) miles to the east of the site. All essential utilities are available to
the project site. Thus, all essential infrastructure is available to support the requested
boundary amendment to the Rural district.
Finally, the boundary amendment would conform to the following goals,
objectives and/or policies articulated in the Hawaii State Plan relating to Socio-
cultural advancement- Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawai`i's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and
individuals.
(2) The orderly development of residential areas sensitive to community
needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawai`i's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
-5-
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and
other concerns of existing communities and surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment from the
Agricultural to the Rural District complements the State Land Use Regulations and is supportive
of the State of Hawaii Plan and the County of Hawaii General Plan.
The accompanying draft bill to amend the State Land Use Boundaries Map is provided
for your favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
-6-
4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. (Planning Dept.)
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 RURAL DISTRICT AT KAWAIHAE, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:015.
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 Kawaihae, South
Kohala, Hawaii, shall be Rural:
Beginning at a 1/2 inch pipe (found) at the Northwesterly corner of this parcel of
land, being also the Northeasterly corner of Lot 17-A-1 and being a point on the
Southerly side of Kawaihae Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PU`U PA" being 12,210.89 feet North and
12,140.42 feet West and running by azimuths measured clockwise from True South:
1. 2740 01' 40" 272.45 feet along the Southerly side of Kawaihae
Road to a 1/2 inch pipe (found);
Thence, following along the Westerly side of Ouli Street on a curve to the right
with a radius of 20.00 feet,the chord
azimuth and distance being:
2. 3210 56' 50" 29.69 feet to a 1/2 inch pipe (found);
3. 90 52' 720.72 feet along the Westerly side of Ouli Street to
a 1/2 inch pipe in concrete (found);
Thence, following along the Westerly side of Ouli Street on a curve to the left
with a radius of 175.00 feet, the chord
azimuth and distance being:
4. 3580 03' 22" 71.64 feet to a rebar(found);
Thence, for the next three (3) courses following the remainder of Royal Patent
2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa:
5. 760 14' 44" 316.16 feet along Lot 16 of Kanehoa Subdivision
(File Plan 1845)to a 1/2 inch pipe (found);
6. 940 0 F 40" 18.16 feet along Lot 18 of Kanehoa Subdivision
(File Plan 1845)to a 1/2 inch pipe (found);
7. 1890 52' 911.55 feet along Lot 17-B-1 and Lot 17-A-1 of
Kanehoa Subdivision to the point of
beginning and containing an area of 5.848
Acres.
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:
SEE ATTACHED 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.
-2-
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:
-3-
CMcColloughSLU.CM.8.3.22
ARTE MCCOLLOUGH
STATE LAND USE BOUNDARY AMENDMENT (PL-SLU-2022-000006)
CONDITIONS OF APPROVAL
A. The applicant, successors, or assigns (Applicant) 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 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.
AG
AGRICULTURAL TO
RURAL
5.848 ACRES
12,210.89'N AG
12,140.42'W
"PUU PA"
RURAL
To Kawaihae
KA IHgE
AG
R q� AG
A
A AG
R A
Rt A� RURAL A
RU A�
RU �
RU
A A AG RURAL G A
AG AG
Feet
0 700 1,400 2,100 2,800 3,500
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 RURAL DISTRICT
AT KAWAIHAE, SOUTH KOHALA, HAWAII.
MAP PREPARED BY:
TMK:(3)6-2-009:015 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:May 12,2022
Arte McCollough
EXHIBIT"A"
Map: 22-006