HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-000035) RStevens onREZ.CM.12.16.22
COUNTY OF HAWAPI PLANNING DEPARTMENT
RECOMMENDATION
CHARLES STEVENSON,ANN STEVENSON,AND JOHN FUMO
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000035)
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 for a 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 recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicants are requesting a Change of Zone from Agricultural-20 acre(A-20a)to
Agricultural-10 acre (A-10a) to subdivide the property into 2 lots approximately 11.3325
acres each in size. The primary purpose for the requests is to create a 2-lot subdivision to
establish fee simple ownership of the property.The property currently consists of 2 existing
single-family dwellings. If the requested rezone is approved, the applicant proposes to
subdivide the property into 2 lots, each of which will accommodate one of the 2 existing
single-family dwellings. No additional improvements to the subject property are currently
being proposed by the applicants.
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 consistent with 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.
The Change of Zone request from Agricultural (A-20a) to the Agricultural
(A-10a)zoned district will conform to the goals,policies and standards of the General
Plan. 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
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among the various land uses. The LUPAG Map establishes the basic urban and non-urban
form for areas within the County. The property is designated Important Agricultural Land,
which are lands with better potential for sustained high agricultural yields because of the soil
type,climate,topography,or other factors. However,the subject property is primarily native
forest and therefore it is preferable to maintain the forest than to convert the property to
agricultural uses.
The proposed Change of Zone will conform to, among others, the following goals
and policies of the Natural Resources Element of the General Plan:
• Protect rare or endangered species and habitats native to Hawaii.
• Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as
excessive soil compaction and excessive removal of vegetative cover should be
minimized and mitigated consistent with management strategies that encourage the
retention of existing forested and pasture areas, reforestation,minimal coverage by
impervious surfaces and other strategies that encourage effective infiltration to
groundwater.
• Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals.
• Create incentives for landowners to retain and re-establish forest cover in upland
watershed areas with emphasis on native forest species.
Among the most significant of the island's natural resources are upland forests that
provide the essential groundwater recharge areas. All groundwater sources in North and
South Kona ultimately depend on recharge that primarily occurs in a band between the
1,500- and 5,500-foot elevations. In the lower part of this band, rainfall dominates from
approximately the 1,500- to 3,000-foot elevation. In the upper part of this band, above the
3,000-foot elevation,fog that collects on trees and drips to the ground is a major contributor
to the aquifer. In recognition of the importance of the mauka Kona area for watershed and
other environmental values,the County Council established a policy in Resolution No. 330-
96 (1996)that no lands in North or South Kona above 2,500 feet in elevation (except in the
existing Kaloko Mauka Subdivision) should be rezoned to lot sizes less than 20 acres,
without a corresponding reduction in density on contiguous lands. In Kaloko Mauka, the
Council found that the concerns could be mitigated by specific rezoning conditions which
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would require that at least 80% of the property be kept in forest cover, in the area above
3,000 feet in elevation(Resolution No.58-97). One of the conditions included in Resolution
No. 58-97 was to restrict the number of dwellings to one per lot. The Deputy Planning
Director recommends a restriction against a second dwelling on each lot to minimize the
density of development in the native forest, similar to a condition included with other past
rezones in the subdivision.Conditions of approval will be included to meet the forest cover
and density requirements of the resolutions mentioned above.
The subject property consists of native forests with a few alien plant species that are
continually managed to reduce the negative impact on the native trees in conjunction with
the Forest Management Plan. The property also inhabits a variety of native/alien birds and
mammals. However, based on the request and conditions of approval consistent with
Resolution No. 58-97, it will assure the continuation of habitat for the existing forest and
wildlife.
The Kona Community Development Plan (CDP) includes similar goals as the
General Plan regarding preservation of natural resources and native species, as well as
watershed protection. With implementation of these conditions,the request will conform to
the goals and policies of the General Plan and Kona CDP.
All utilities and services are available to the site. The proposed access to the
property is from Haleamau Street which is a County owned and maintained roadway with a
22-foot-wide pavement with grass shoulders within an 80-foot right-of-way.The Department
of Public Works(DPW)Engineering Division advise that all construction within the County
right-of-way shall comply with HCC, Chapter 22, County Streets.
Since the mid 1990's,funds have been set aside in a fair share account for the County
and/or State to improve the Kaloko Drive-Mamalahoa Highway intersection,which is a"T"
configuration intersection located about three miles below the subject property. The current
fund balance for this intersection is approximately $647,880.45.
The Department of Transportation (DOT) has previously shown concern about the
numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these
changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has
previously recommended the following improvements at the intersection due to the
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additional traffic and activity on the roads from the cumulative effect of the land use change:
• Illuminate the intersection at night
• Channelize turning movements at the intersection
• Other safety improvements
The DOT has further stated that the intersection improvements should be made at no
cost to the State and requests that plans for improvements within the State highway right-of-
way be submitted to the Highways Division for review and approval. The DOT,DPW, and
the Planning Department have created a working group to determine what improvements are
needed at the Mamalahoa Highway-Kaloko Drive intersection.DOT planned to complete a
traffic impact analysis report in Fall 2022 after which the working group would meet again
to decide how the fair share funds could be best utilized to make those improvements. The
roadway improvements are essential since similar change of zones may occur throughoutthe
Kaloko Mauka Subdivision and the creation of additional home sites would place an
increased burden on traffic at the intersection. Previous rezones in the subdivision have
included a condition of approval requiring that the fair share fee paid for regional impacts to
transportation,park,police,fire,and solid waste facilities be allocated for the County and/or
State to improve the Kaloko Drive - Mamalahoa Highway intersection. A condition of
approval will be included to continue to require fair share fees be contributed for the
improvement of this intersection.
According to the applicant,no further units of water will be necessary to support the
proposed 2-lot subdivision.The Department of Water Supply(DWS)is currently servicing
the 2 existing single-family dwellings on the subject property with 2 existing water meters
fronting the parcel.The 2 dwellings on the property are currently being serviced by their own
individual wastewater systems that were previously approved by the State Department of
Health(DOH). Solid waste will continue to be handled by the applicants and disposed of at a
designated transfer station or the West Hawai`i Sanitary Landfill. The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X,"an area determined to be outside of the 500-year flood plain.All other essential utilities
and services are available to the subject property and is currently supporting the existing
single-family dwellings.
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The request is not contrary to Chapter 205A,Hawaii Revised Statues,relating
to Coastal Zone Management. The property is not located in the Special Management
Area. The site is located about 6 miles mauka of the shoreline and therefore will not be
impacted by coastal hazard and beach erosion.There are no identified recreational resources,
public access to the shoreline or mountain areas, scenic and open space preserves, coastal
ecosystems, or marine resources on the subject property. The property does contain
significant natural resources in that it is heavily forested with native species that provide a
food source to several native and endangered bird species.Therefore,the proposed use is not
contrary to the objectives of Chapter 205A, Hawaii Revised Statutes.
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 professional archaeological and cultural study
was conducted of the property as the subject property has been previously impacted by
ground-disturbing activities associated with residential development and no further ground
disturbance is proposed. The Planning Department has no record of any cultural or historic
resources on the property.
The valued cultural,historical,and natural resources found in the rezoning area: The
Department is not aware of any cultural or historic resources on the property.According to
the applicant,there is no evidence of any traditional and customary Native Hawaiian rights
being practiced on the property. Most of the property is covered in native forest.According
to the State Department of Land and Natural Resources - State Historic Preservation
Division(SHPD),only a small area of the project site has been impacted by the development
of two existing dwellings,no archaeological inventory survey has been conducted within the
subject parcel and no historic properties have been previously identified. SHPD's
determination is that no historic properties will be affected, however they request the
opportunity to review future permits for the subject property.
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Possible adverse effect or impairment of valued resources: Native plants and/or
endangered species are unlikely to be impacted due to the already impacted residential
development and no further ground disturbance proposed.
Feasible actions to protect native Hawaiian rights: According to 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.An inadvertent find condition
will be added in the unlikely event resources are discovered on the property.
Lastly, this favorable recommendation is made with the understanding that the
applicant remains responsible for complying with all other applicable governmental
requirements in connection with uses permitted within the Agricultural zoning district,prior
to its commencement or establishment upon the subject property.Additional governmental
requirements may include the issuance of building permits, the installation of approved
wastewater disposal systems,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 favorable
recommendation; 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 above findings,approval of the Change of Zone request from an Agricultural-
20 acre(A-20a)to an Agricultural-10 acre(A-10a)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 25-8-2(North and South Kona District Zone
Map)is provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
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COUNTY OF HAWAI`I +_ i* • STATE OF HAWAI`I
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. <Planning Department>
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY
CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO
AGRICULTURAL—TEN ACRES (A-IOa)AT KALAOA, SOUTH KONA, HAWAI`I,
COVERED BY TAX MAP KEY: 7-3-027:003.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L-
SECTION 1. Section 25-8-2,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 Kalaoa, South Kona,
Hawaii, shall be Agricultural—Ten Acres (A-10a):
Beginning at the Southwesterly corner of this parcel of land,being also the
Northwesterly corner of Lot 4 of Block 9 of Kaloko Mauka Subdivision, Increment 2
(File Plan 1010) and being a point on the Easterly side of Haleamau Street, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "MOANUTAHEA"being 10,032.37 feet South and 3,920.84 feet East and
running by azimuths measured clockwise from True South:
I. 1950 35' 650.00 feet along the Easterly side of
Haleamau Street to a point;
Thence, for the next three (3) courses following along the remainder of Royal
Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha:
2. 2850 35' 1,127.48 feet along Lot 8 of Block 9 of
Kaloko Mauka Subdivision,
Increment 2 (File Plan 1010)to a
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point;
3. 50 10' 1,012.45 feet along Lot 7 and Lot 5 of Block 9
to Kaloko Mauka Subdivision,
Increment 2 (File Plan 1010)to a
point;
4. 1200 21' 48" 1,355.38 feet along Lot 4 of Block 9 of
Kaloko Mauka Subdivision,
Increment 2 (File Plan 1010)to the
point of beginning and containing an
area of 22.665 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, Hawai`i 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.
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.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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CStevensonPXLCM.12.12.22
CHARLES STEVENSON,ANN STEVENSON,AND JOHN FUMO
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000035)
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 Agricultural District.
C. Prior to issuance of Final Subdivision Approval, the applicant shall show on the
subdivision plat map the existing meter locations with the meter numbers and
shall designate in writing which lots within the proposed subdivision will be
assigned the existing water service. Should the existing water meters or service
laterals not front the parcel that they will serve, the applicant shall relocate the
water meters or service laterals meeting with the approval of Department of Water
Supply.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this ordinance. The Applicant shall reserve the following easements and special
setbacks in perpetuity for purposes of protecting and maintaining naturally
forested areas and shall delineate such easements and setbacks on plans submitted
for subdivision review:
1. A 100-foot-wide "forest reserve easement" along the existing roadway
frontage of the subject property, exclusive of the access point permitted by
the Department of Public Works.
2. A 30-foot-wide "forest reserve easement" along all lot lines not covered
by the 100-foot easement.
3. A 100-foot-wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
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Haleamau Street shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition D, no less than
eighty percent (80%) of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the recorded document shall be filed
with the Planning Department upon its receipt from the Bureau of Conveyances.
F. Restrictive covenants in the deeds of all the proposed lots within the subject
property 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. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
G. A Forest Management Plan for the proposed lots within the subject property shall
be prepared and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources. The forest
management plan shall require the following:
1. Include a minimum, the best forest and reforestation practices program for
implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(i.e. Forest Stewardship Program).
2. The forest management program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded with
the Hawaii Bureau of Conveyances and/or Land Court. A copy of the
covenants to be recorded shall be submitted to the Planning Director for
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review and approval prior to the issuance of Final Subdivision Approval.
A copy of the approved covenant(s) shall be recited in an instrument
executed by the Applicant and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval.
3. If more than twenty percent(20%) of the subject property has been cleared
or grubbed prior to the submittal of the Forest Management Plan or the
recording of the restrictive covenant(s), the reforestation program for any
cleared or grubbed area(s) in excess of the 20%within the subject property
shall be substantially implemented prior to the issuance of Final
Subdivision Approval.
4. This Forest Management Plan shall govern the proposed lots within the
subject property for a period of fifty (50) years and its termination may be
considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
H. 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.
I. 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.
J. Access(es) to the subject property from Haleamau Street shall comply with
Hawaii County Code, Chapter 22 (County Streets).
K. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The fair share
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contribution shall become due and payable prior to receipt of Final Subdivision
Approval. The fair share contribution shall be based on the actual number of
additional lots created. The fair share contribution to address the potential road
impacts shall be in the form of cash and/or in-kind services approved by the
County Council and shall be applied to improving the Kaloko Drive/Mamalahoa
Highway intersection. Based upon the Applicant's representation of intent to
subdivide and develop up to one additional lot, the fair share contribution is
$15,636.59 per additional lot. The fair share contribution shall be adjusted
annually by the Hawaii County Planning Department, beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index. Upon approval of the fair share contribution, the
Planning Director shall submit a final report to the County Council for its
information that identifies the specific approved fair share contributions, as
allocated, and further implementation requirements.
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. 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.
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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).
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.
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICT ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL-20 ACRE (A-20a) TO AGRICULTURAL- 10 ACRE (A-1 Oa)
AT KALOKO, NORTH KONA, HAWAIT
MAP PREPARED BY:
TMK:(3)7-3-027:003 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:December 8,2022
Charles&Ann Stevenson,John Fumo
EXHIBIT"A" Map: 1448