HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2023-041) RSchmitzREZ.5/11/23
COUNTY OF HAWAPI PLANNING DEPARTMENT
RECOMMENDATION
DENNIS SCHMITZ
CHANGE OF ZONE APPLICATION (PL-REZ-2023-000041)
Upon careful review of the request against the guidelines for granting a change of zone,the
Planning Director is recommending that a favorable recommendation for a Change of Zone from
Agricultural 20-acre(A-20a)to Agricultural 5-acre(A-5a)for approximately 20.027 acres 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 (A-20a) zoning
district to Agricultural (A-5a) zoning district for 20.027 acres of land in order to subdivide
the property into four (4) lots, each approximately 5 acres in size. The applicant plans to
retain one (1) lot and sell the remaining lots to other family members to allow for more
intense farming by the individual family members. The proposed A-5a zoning would allow
for up to 4 lots to be created on the subject property. According to the Zoning Code, the
Agricultural zoning district provides for agricultural and very low density agriculturally-
based residential use,encompassing rural areas of good to marginal agricultural and grazing
land,forest land,game habitats,and areas where urbanization is not found to be appropriate.
According to the applicant, a subdivision application would be filed within a year
from the granting of the Change of Zone. The applicant anticipates having the property
subdivided within 3 years at a cost of somewhere around $200,000. The applicant has also
filed a concurrent SMA Use Permit application for the proposed 4-lot subdivision.
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
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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-5a)zoned district will conform to the goals,policies and standards of the General
Plan and the Hamakua Community Development Plan (CDP). 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.
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. While the property is designated both Industrial (IND),
Urban Expansion (UE), Low Density Urban (ldu), and Open (ope) by the General Plan
LUPAG map,the Planning Director has determined thatthe subjectparcel is situated entirely
within the Urban Expansion LUPAG designation, given the existing surroundings and the
broad-brush nature of the LUPAG map. The Urban Expansion designation includes a mix of
high density, medium density, low density, industrial, industrial-commercial, and/or open
designations in areas where new settlements may be desireable, but where the specific
settlement pattern and mix of uses have not yet been determined. The Director's
determination recognized that the future General Plan land use map may change to account
for the Hamakua Community Development Plan designation for the property.
Surrounding lands are zoned MG-la to the west and A-20a to the east. The project
site is located makai of the residential areas of Milo Village and northwest of Kukui Camp
Subdivision, both of which are zoned as Single-Family Residential (RS-10). Lands
immediately south were rezoned to the Family-Agricultural (FA-la)zoning district in late
2022 in support of a proposed 7-lot subdivision. Immediately adjacent to the west is the
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former `O`okala Mill site, comprising in excess of 40 acres of General Industrial (MG-la)
zoned lands.
The U.S. Department of Agriculture (U.S.D.A.) soil survey identifies soils on the
property as `O`okala Mill medial silty clay loam, with 0 to 35 percent slopes. The
Agricultural Lands of Importance to the State of Hawai`i(ALISH)map indicates most of the
property is identified as "Prime Agricultural Land" and the Land Study Bureaus Detailed
Land Classification System largely identifies soils of the property as "B" or"Very Good"
soils for agricultural productivity. The applicant currently uses the property as a small
orchard and cattle grazing. The change of zone request will keep the property in the
Agricultural zoning district and will allow for the creation of additional lots through
subdivision.
In recognizing these good soil quality ratings for agricultural production, the
Hamakua Community Development Plan (HCDP) designates the subject property as
Important Agricultural Land outside of the Urban Growth Boundary area and outside any
designated Rural areas. According to the HCDP, Agricultural areas outside the Urban
Growth Boundary and outside designated Rural area should be preserved for agricultural
uses, open space, scenic viewsheds, and natural beauty. Development and use of properties
in the Agricultural area shall be limited to agriculture, related economic infrastructure and
cottage industries,renewable energy,open area recreational uses,and community facilities,
unless otherwise permitted by law. The proposed A-5a zoning will allow for the continued
use of the properties for agricultural purposes,thus the change of zone meets the intent of the
HCDP.
All utilities and services are available to the site. The subject property is
currently accessed via a series of 40-foot wide access and utility easements between Old
Mamalahoa Highway and the subject property. Old Mamalahoa Highway, which is a
County owned and maintained roadway has an approximate varying pavement width of
20 feet within an existing 50-foot right-of-way will provide primary access to the project
site area through `O`okala village. From Old Mamalahoa Highway, secondary access to
the subject property will be provided by a series of 50-foot wide private agricultural-
standard roadways which were previously used as cane haul roads. These former cane
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haul roads have pavement widths of at least 20 feet, with portions covered by overgrown
vegetation, which will be removed to ensure that a minimum agricultural standard
pavement width and shoulders are provided. The Applicant is working with the adjoining
landowner to secure the necessary access and utility easements through the mauka lands
and to coordinate its construction to County-dedicable standards.
According to DPW-Engineering Division (DPW), as the development does not
front a County right-of-way, there is no recommendation for improvements to the subject
property's frontage.
Section 25-2-46 (d)(1) of the concurrency provision requires a Traffic Impact
Analysis Report(TIAR) as part of any rezoning application in situations where the
projected use can generate 50 or more peak hour trips. Given the small scale and scope of
the proposed project, a TIAR was not performed as the project conforms to the County's
concurrency requirements. The applicant states that the project is anticipated to generate
less than 50 peak hour vehicular trips and should not have a significant adverse impact to
traffic along the series of cane haul roads and Old Mamalahoa Highway.
According to the Department of Water Supply (DWS), water can be made
available from an existing 6-inch waterline along Old Mamalahoa Highway which fronts
the subject parcel. The applicant has secured additional water commitments to support
the proposed subdivision and will construct water system improvements, and final
subdivision approval will be subject to requirements to construct any necessary water
system improvements. Based on the preceding, as a condition of approval, the applicant
will be required to comply with the Department of Water Supply (DWS) requirements
prior to securing Final Subdivision Approval. The subject property is not currently
services by the County sewer system. According to the applicants, wastewater will be
disposed of by a septic system meeting the requirements of the Department of Health
regulations. There are no municipal waste collection services in the County. According to
the application, solid waste will be handled by commercial haulers or individual
homeowners, who will dispose of the refuse at authorized transfer stations or landfill
sites. All other essential utilities and services are available to the property.
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There are no severe geological or topographical problems for the property that
cannot be properly rectified,or which would render the land unusuable.According to
the Flood Insurnace Rate Map (FIRM) prepared by the Federal Emergency Management
Agency (FEMA) and the Department of Public Works-Engineering Division (DPW), the
property is located in Zone "X", an area outside of the 500-year flood area. There are no
significant topographical constraints. Conditions of approval will ensure that all development
generated runoff will be disposed of onsite and that the applicant will comply with Chapter
10, Hawai`i County Code related to Erosion and Sedimentation Control.
The request is not contrary to Chapter 205A,Hawaii Revised Statues,relating
to Coastal Zone Management. The property is located along the shoreline and within the
Special Management Area(SMA)which is a part of the Coastal Zone Management Program
and regulated by the County. The SMA are lands extending mauka from the shoreline as
delineated on the maps filed with the Planning Commission as of June 8, 1977, or as
amended pursuant to Section 9-23 of the Planning Commission Rules. In conjunction with
this proposed rezoning,the applicant has submitted a Special Management Area Use Permit
application for the proposed four-lot subdivision in preparation for the future development of
individual building sites that may accomodate a farm dwelling or other structures or uses
associated with A-5a zoning.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawai`i 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 farming. The
development of subject property into a four lot subdivision may require ground disturbance
for infrastructure and future development of home sites. 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:
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Neither the applicant nor the Planning Department are aware of any cultural or historic
resources on the property. Additionally,there are no known customary or Native Hawaiian
cultural rights exercised on the property. A request for review of the application was sent to
the State Historic Preservation Division (SHPD) as a part of this application process. By
letter dated May 31, 2023, the State Historic Preservation Division determined that no
historic properties would be affected by the proposed project.
No professional flora or faunal surveys were conducted on the site as the property has
historically been used as an orchard with cattle grazing and has since been developed with a
dwelling and garage and it is unlikely that there are any valued cultural, historical, and
natural resources to be found in the rezoning area.
Possible adverse effect or impairment of valued resources: There is no evidence of
any possible adverse effects or impairment will occur to any valued resources.
Feasible actions to protect native Hawaiian rights: As there is no evidence of any
valued cultural, historical, and/or natural resources found on the site, there is no action to
be taken. 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. The applicants shall be required to
cease work in the immediate area and contact the Department of Land and Natural
Resources—State Historic Preservation Division (DLNR-SHPD). Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
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
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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-5 acres (A-5a)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 25-8-19 (North Hilo Zone Map)is provided
for your favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
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�Mti(OF h{
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COUNTY OF HAWAI`I STATE OF HAWAI`I
BILL NO.
ORDINANCE NO.
<PLANNING DEPARTMENT>
AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO 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—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES
(A-5a) AT `O`OKALA, NORTH HILO, HAWAI`I, COVERED BY TAX MAP KEY:
3-9-001:024.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-19, 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 `0`6kala, North Hilo,
Hawaii, shall be Agricultural—5 acres (A-5a):
Beginning at the southwest corner of this parcel of land, being also the northwest
corner of Lot 160, coordinates of which referred to Government Survey Triangulation
Station"HUMU`ULA"being 6,653.92 feet north and 1,581.66 feet west and running by
azimuths measured clockwise from True South:
1. 1920 33' 29" 569.82 feet along Parcel 05 of Tax Map
Key: (3) 3-9-01, along remainder of
Grant 2467 to Hanehane and
Kaawapuupuuole;
Thence along the top of bluff at
seashore for the next eleven (11)
courses:
2. 2510 49' 123.50 feet;
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3. 2360 28' 54.70 feet;
4. 2490 16' 45.00 feet;
5. 2910 40' 146.80 feet;
6. 2940 16' 47.30 feet;
7. 2930 51' 86.70 feet;
S. 3080 06' 170.20 feet;
9. 3050 33' 61.80 feet;
10. 2980 00' 65.60 feet;
11. 2960 49' 154.60 feet;
12. 2900 39' 84.70 feet;
13. 3000 53' 83.30 feet to the middle of Alaialoa Gulch;
Thence along Government(Crown)
Land of`O`6kala and the
Government Land of Manowaialee,
along the middle of Alaialoa Gulch
for the next twelve (12) courses:
14. 40 42' 86.75 feet;
15. 70 45' 83.70 feet;
16. 3570 51' 32.80 feet;
17. 310 37' 124.30 feet;
18. 60 02' 67.60 feet;
19. 310 25' 72.80 feet;
20. 520 03' 73.30 feet;
21. 260 06' 60.60 feet;
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22. 3550 04' 49.00 feet;
23. 3500 11' 84.30 feet;
24. 130 27' 54.50 feet;
25. 660 05' 49.80 feet;
26. 110 39' 128.62 feet to the southeast corner of Lot
160;
Thence along Lot 160, along
Government(Crown) Land of
`0`6kala and the Government Land
of Manowaialee, on a curve to the
right with a radius of 686.82 feet, the
azimuth to the radius center being:
193" 51' 02", the chord azimuth
and distance being;
27. 1180 14' 01" 341.22 feet;
28. 1320 37' 590.00 feet along Lot 160, along remainder
of Grant 2467 to Hanehane and
Kaawapuupuuole;
Thence along Lot 160, along
remainder of Grant 2467 to
Hanehane and Kaawapuupuuole, on
a curve to the left with radius of
1,462.66 feet, the chord azimuth and
distance being;
29. 1290 53' 58" 138.68 feet to the point of beginning and
containing an area of 20.027 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:
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(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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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CSchmitzREZ.05/11/23
DENNIS SCHMITZ
CHANGE OF ZONE APPLICATION (PL-REZ-2023-000041)
CONDITIONS OF APPROVAL
A. The applicant(s), its successor(s), or assign(s) ("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 applying for the subdivision, the Applicant shall secure the necessary
access and utility easements through the lands located mauka of the subject
property. A copy of the proposed access and utility easements shall be submitted
to the Planning Director for review and approval prior to recordation with the
State of Hawaii Bureau of Conveyances, with a copy of the recorded document
to be filed with the Planning Department.
D. The Applicant is responsible for maintaining valid water commitments to support
the proposed development until such time that required water facilities charges
are paid in full.
E. The Applicant shall construct necessary water system improvements as required
by the Department of Water Supply, which may include, but not be limited to: 1)
service laterals that will accommodate a 5/8-inch meter to front each lot, 2)water
mains capable of delivering water at adequate pressure and volume under peak-
flow and fire-flow conditions; minimum diameter of mains shall be six (6) inches,
and 3) subject to other agencies requirements to construct improvements within
the road right-of-way fronting the property affected by the proposed development,
the application shall be responsible for the relocation and adjustment of the
Department of Water Supply's affected water system facilities, should they be
necessary.
F. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
professional civil engineer licensed in the State of Hawaii and submitted to the
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Department of Public Works. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to receipt of Final Subdivision Approval.
G. All earthwork and grading activity shall conform to Hawaii County Code
Chapter 10, Erosion and Sedimentation Control, and Chapter 27 Flood Control.
H. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
I. 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 the
Department of Land and Natural Resources - Division of Forestry and Wildlife.
L. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements for the proposed development.
M. 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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AGRICULTURAL-20 ACRES(A-20a)
6,653.92'N TO AGRICULTURAL-5 ACRES
1,581.66'IN (A-5a)
"HUMOULA" 20.027 ACRES
A-40a
To Honokaa
MG-la
MOONLIGI-H7-R
MG-la
A-40a
A-20a
M a
FA-la
RS-10� MO
A-40a R CO OLD MAMALAHOA HWy
o ^ll/GyTRD
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y�tia -10 RS 10 - A-20a
51
R5-10 RS- 0 �cg2ARQ MILO PL kR�t"c�GF
oPa s-10 Ro R5-10 0�
DPP To Hilo
PS-10 A-20a PPS A-20a
G
�P �l
do oo� A-20n A-20a
vy
A Oa PS-10 % A IIB ELT FtOA
H ,
W A A-20a
A-40a A-20a 2 p
Feet
0 800 1,600 2,400 3,200 4,000
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-19 (NORTH HILO ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAN COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL- 20 ACRES (A-20a) TO AGRICULTURAL- 5 ACRES (A-5a)
AT O'OKALA, NORTH HILO, HAWAH
MAP PREPARED BY:
TMK:(3)3-9-001:024 COUNTY OF HAWAN, PLANNING DEPARTMENT DATE:February 27,2023
Dennis Schmitz
EXHIBIT"A" Map: 1452