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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-026) RMcColloughREZ.CM.8.3.22 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ARTE MCCOLLOUGH CHANGE OF ZONE APPLICATION (PL-REZ-2022-000026) Upon careful review of the request against the guidelines for granting a change of zone, the 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 Planning 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 Change of Zone from Agricultural-5 acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a) zoning district to subdivide the property into two lots approximately 2.9 acres in size. The subject property is part of a two-unit condominium property regime (CPR). The dwelling on the first CPR unit was constructed in 1990, and the dwelling on the second CPR unit in 1998. According to the applicant, the primary purpose for the requests is to address estate planning as the subject property currently consists of two (2) condominium property regimes (CPRS) consisting of approximately 2.9 acres each, with each CPR unit accommodating one of the two existing single-family dwellings. No additional improvements are currently proposed by the applicant and the subject property is fully built out with existing dwellings. The applicant is also requesting a concurrent State Land Use Boundary Amendment from the Agricultural to Rural District for the 5.848-acre subject 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 Application from an Agricultural-5 acre (A-5a) to Residential and Agricultural-2 acre (RA-2a) zoned district will conform to the following goals,policies and standards of the General Plan. 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 island's 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. 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 property's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from nine thousand (9,000) square feet to two (2) acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The applicant's request for a Residential and Agricultural-2 acre (RA-2a) zoning district conforms to the Rural designation in that the proposed 2.9 acre lot size is consistent with the lot sizes typically found in the rural areas, and the surrounding properties consist of residential and small farm lots. The property is not considered important agricultural land as it is considered Unclassified on the Agricultural Lands of Importance to the State of Hawaii (ALISH) -2- Map. It is also classified as very poor by the Land Study Bureau, which determines productivity ratings of agricultural lands. The 5.848-acre subject property is roughly rectangular in shape and is improved with two (2) existing single-family dwellings, and related structures. It also has extensive landscaping, yards, orchards, and structures related to its residential and agricultural uses. The property is in the Kanehoa Estates Subdivision and borders `Ouli Street on the east, which is privately maintained, and Kawaihae Road to the north. The property has a gentle and gradual slope in the north-to-south direction of about 5 percent. There are no topographical constraints that affect the subject property, which is currently cultivated with more than 200 fruit trees consisting of mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee, and flower trees. On April 29, 1985, the subject property was part of Kanehoa Estates Subdivision, which established thirty (30) lots at least 5 acres in size each. 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 parcel immediately to the east, across `Ouli Street, and west of the subject property is zoned Residential and Agricultural-2 acre (RA-2a). The parcel to the north, across Kawaihae Road, is zoned Agricultural-40 acre (A-40a). The parcel to the south is zoned Agricultural-5 acre (A-5a). According to the applicant, over the past couple of decades, individual lots within this subdivision have witnessed State Land Use Boundary Amendments and Change of Zone requests identical to that requested by the applicant, resulting in subdivisions of these original lots into smaller, 2-acre parcels. These amendments have occurred to the parcels immediately to the west and east of the subject property. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are -3- adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawaii Right to Farm Act. Conditions of approval will be included to protect agricultural operations in the area from nuisance complaints. All utilities and services are available to the site. 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. According to the applicant, no further units of water will be necessary to support the proposed two (2) lot subdivision. 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 requests that the plat map be revised to show the existing meter locations with the meter numbers. The requirements from DWS will be added as conditions of approval. 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 east of the site. -4- Based on the above findings, approval of this change of zone request from an Agricultural-5 acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a)zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as Amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- 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 SECTION 25-8-7 (NORTH AND SOUTH KOHALA 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—TWENTY ACRES (A-20a) TO RESIDENTIAL AND AGRICULTURAL—TWO ACRES (RA-2a)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. 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 Kawaihae, South Kohala, Hawaii, shall be Residential and Agricultural—Two Acres (RA-2a): 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); -1- 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 8518-13,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-I 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. 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. -2- SEE ATTACHED 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 1st Reading: Date of 2nd Reading: Effective Date: -3- CMcColloughREZ.CM.8.4.22 ARTE MCCOLLOUGH CHANGE OF ZONE APPLICATION (PL-REZ-2022-000026) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns ("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 Rural District. C. The 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. D. 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. E. Prior to issuance of Final Subdivision Approval, the Applicant shall designate in writing which lot within the proposed subdivision will be assigned the existing water service, show the existing meter locations with the meter numbers on the plat map submitted for subdivision review, and, if necessary, relocate the existing water meter or service lateral, meeting with the approval of the Department of Water Supply. F. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. G. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. -1- H. The Applicant shall comply with the Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55,rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. 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.), 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 Department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) 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 any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of Department of Land and Natural Resources- Division of Forestry and Wildlife and/or the US Fish and Wildlife Service. L. 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. M. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development. N. 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 and that are not the result of their fault or negligence. -2- 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. O. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. -3- A-40a AGRICULTURAL(A-20a)TO RESIDENTIAL AGRICULTURAL (RA-2a) 5.848 ACRES 12,210.89'N 12,140.42'W "PUU PA" PA-2a To Kawaihae R 2a A 5a o a a 2a RA-2 A 5a R 2a - A-5a A- a A- a nAL RA-2 A-5a R -2a -5a RA-2 RA-2a A-2a A a A-5a A- a A 5a A a RA 2a A-5a A-5a Feet 0 700 1,400 2,100 2,800 3,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL DISTRICT (A-20a) (MINIMUM BUILDING SITE OF 20 ACRES) TO RESIDENTIALAND AGRICULTURAL (RA-2a) (MINIMUM BUILDING SITE AREA OF 2 ACRES) AT KAWAIHAE, SOUTH KOHALA, HAWAI'I MAP PREPARED BY: TMK:(3)6-2-009:015 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:May 12,2022 Arte McCollough EXHIBIT"A" Map: 1445