HomeMy WebLinkAboutPD Recommendation Report Ching (PL-REZ-2023-044) RChingREZ ja.8-7-2023
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
SHAWN & STEPHANIE CHING
CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000044
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
position 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 a Family Agricultural-3 acres
(FA-3a) zoning district to an Agricultural-5 acres (A-5a) zoning district for 34.559 acres
of land. The purpose of this request is to subdivide the property into 6 lots consisting of a
minimum size of 5 acres each, which would be the maximum density allowed for the
requested zoning. According to the applicants, 4 lots will be retained for their family and
the remaining 2 lots will be sold to buyers interested in truck crop farming and/or
agricultural activities consistentwith the proposed A-5a zoning designation. The applicants
hope to complete the Change of Zone process as soon as possible and anticipate completing
the subsequent subdivision process by the end of 2028. The applicants expect the cost of
infrastructure improvements to be approximately $100,000, including installation of water
service laterals and related water improvements.
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.
The change of zone request from a Family Agricultural-3 acres(FA-3 a)zoning
district to an Agricultural-5 acres (A-5a)zoning district conforms to applicable goals,
policies, and standards of the General Plan. The subject, 34.559-acre property has been
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improved with an existing dwelling, constructed in the early 1950's, as well as a barn and
tack room. The remainder of the property is used intermittently for cattle grazing and
cultivation of fruit trees.
Surrounding lands are predominantly zoned Agricultural while existing land uses
include agricultural uses and vacant land, in addition to dwellings in existing residential
and agricultural subdivisions.
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. The proposed 6-lot subdivision
with lot sizes of a minimum of 5 acres is consistent with low density, agriculturally-based
residential use, thus the request is consistent with the surrounding land use pattern and the
intent of zoning designation.
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
request conforms to the following goals, policies, and standards of the General Plan Land
Use Element:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
■ Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
■ Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
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The request also conforms to the following General Plan goals, specific to the District of
Hamakua:
■ Assist the further development of agriculture and continue to cooperate with the
agricultural sector and other appropriate agencies to provide the necessary
services to assist agriculture.
■ Encourage large landowners to make agricultural lands available for agriculture.
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 proposed A-5a zoning conforms to the LUPAG Map that designates the subject
property as Extensive Agricultural (ea), which includes lands not classified as Important
Agricultural Land and lands that are not capable of producing sustained, high agricultural
yields without the intensive application of modern farming methods and technologies due
to certain physical constraints such as soil composition, slope, machine tillability and
climate. Other less intensive agricultural uses such as grazing and pasture may be included
in the Extensive Agriculture category. Based on the preceding, the proposed A-5a zoning
would effectuate a decrease in density that would be consistent with the LUPAG
designation and the land use goals for the island and district.
In addition, the subject property is located within the Hamakua Community
Development Plan (HCDP) planning area. The HCDP does not include land use guide
maps or policies specific to the area of the subject property. However, by downzoning the
property and decreasing the density allowed by zoning,larger,more viable agricultural lots
will be created. Thus,the request conforms with the following general HCDP policies and
objectives for land use settlement patterns:
■ To reduce rural sprawl and infrastructure costs, focus future residential
development in existing villages and towns and seek to preserve large productive
agricultural lands for agriculture by accommodating rural-residential
development close to urban centers.
■ Protect and restore viable agricultural lands and resources.
All essential utilities and services are available to the site. Access to 5 of the 6
lots will be from Old Mamalahoa Highway, a county-owned and maintained roadway with
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a 20-foot pavement within a 60-foot-wide right-of-way. The remaining lot will be accessed
from Waokele Street, a county-owned and maintained roadway with a 10-foot pavement
within a 40-foot-wide right-of-way. The Department of Public Works (DPW) notes that
all driveway connections and construction shall conform to Hawaii County Code and
access shall meet DPW approval. Conditions of approval will be included to address the
preceding.
According to the Department of Water Supply (DWS), water service can be made
available from an existing 2-inch water line within Old Mamalahoa Highway. The
applicants have secured water commitments for the proposed 6-lot subdivision and will be
required to maintain those commitments and construct water system improvements
meeting DWS standards. Conditions of approval will be included to address the preceding.
There is no County sewer system in the area, thus a condition of approval will
require the installation of individual wastewater systems meeting State Department of
Health regulations.
Solid waste will be handled by commercial rubbish haulers or by individual
homeowners at authorized landfill sites or transfer stations, all essential utilities are
available to the property and the closest police,fire and medical facilities are located nearby
in Waimea. A condition of approval will be included to require the applicants to meet all
applicable County, State and Federal laws, rules, regulations, and requirements.
There are no severe geological or topographical problems for the property that
cannot be properly rectified, or which would render the land unusable. The subject
property is in an area designated as Zone"X, an area determined to be outside the 500-year
flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal Emergency
Management Agency (FEMA). A condition of approval will be added to require that all
development generated runoff will be disposed of on site and not directed toward any
adjacent properties and all earthwork activity, including grading, grubbing, and
stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawaii County Code. Thus, the proposed change of zone meets this
criterion.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 10 miles from the nearest shoreline, is not situated within the Special
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Management Area and will not be impacted by coastal hazards and beach erosion. There
are no identified recreational resources or public access to the shoreline or mountain areas,
scenic and open space preserves, coastal ecosystems, marine resources, or historic
resources in the area. Thus,the proposed request and use of the property will not adversely
impact those resources.
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 formal archaeological reconnaissance survey,
oral history of kama`aina accounts of the area, historical survey of documentary
records,or botanical study was included in the application. The Department of Land
and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided
recommendations to mitigate potential impacts on endangered or threatened species
that may occur in the project area, specifically the `Ope`ape`a (Hawaiian Hoary
Bat), `Io (Hawaiian Hawk), A`eo (Hawaiian Stilt), `Alae ke`oke`o (Hawaiian
Coot), Nene (Hawaiian Goose), and Blackburn's Sphinx Moth, in addition to
minimizing impacts on seabirds and avoiding the spread of invasive species. A
condition of approval will be included to address the recommendations provided
by DOFAW.
■ The valued cultural, historical, and natural resources found in the rezoning area:
According to the applicants, the property has been used intermittently for cattle
grazing and cultivation of fruit trees and has been improved with an existing
dwelling, constructed in the early 1950's, as well as a barn and tack room. There
are no known valued cultural, historical, and natural resources to be found in the
rezoning area. The Department of Land and Natural Resources — State Historic
Preservation Division (DLNR-SHPD) provided no objections to the requested
change of zone application and stated that no historic properties will be affected for
the proposed rezone.
■ Possible adverse effect or impairment of valued resources: There is no evidence of
any possible adverse effects or impairments that will occur to any valued resources.
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■ Feasible actions to protect native Hawaiian rights: As stated by the applicants, no
known 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, 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.
Lastly, this recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable governmental requirements in
connection with the proposed use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permit, 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 approval; 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 preceding findings, the request to rezone the property from a Family
Agricultural-3 acres (FA-3a)zoning district to an Agricultural-5 acres (A-5a)zoning district
would result in an appropriate land use pattern that would further benefit the general public.
The accompanying draft bill to amend Section 25-8-15 (Hamakua District Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, 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 25-8-15 (HAMAKUA 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
FAMILY AGRICULTURAL—3 ACRES (FA-3a) TO AGRICULTURAL—5 ACRES (A-5a)
AT WAIMEA, HAMAKUA DISTRICT, HAWAI`I, COVERED BY TAX MAP KEY:
4-7-007:048.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-15, 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 Waimea, Hamakua
District, Hawaii, shall be Agricultural — 5 Acres (A-5a):
Beginning at a 1/2 inch pipe (found) at the Northwesterly corner of this parcel of
land, being also a point on the Southerly side of Old Belt Road (Old Mamalahoa
Highway) and a point on the Northeasterly side of Homestead Road (Waokele Street), the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "WAIMEA (EAST BASE)"being 7,387.76 feet North and 11,933.25 feet East
and running by azimuths measured clockwise from True South:
Thence, for the next seven (7) courses following along the Southerly side of Old
Belt Road (Old Mamalahoa Highway):
1. 2670 2F 300.78 feet to a 1/2 inch pipe in concrete
(found);
Thence, following on a curve to the left with a radius of 1,805.00 feet, the chord
azimuth and distance being:
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2. 2650 24' 122.84 feet to a '/2 inch pipe in concrete
(found);
3. 2630 27' 158.31 feet to a 1/z inch pipe in concrete
(found);
Thence, following on a curve to the left with a radius of 6,690.00 feet, the chord
azimuth and distance being:
4. 2620 55' 45" 121.63 feet to a 3/4 inch pipe in concrete
(found);
5. 2620 24' 30" 111.74 feet to a 1/z inch pipe in concrete
(found);
Thence, following on a curve to the left with a radius of 3,255.00 feet, the chord
azimuth and distance being:
6. 2600 59' 161.89 feet to a 3/4 inch pipe in concrete
(found);
7. 2590 33' 30" 1,042.12 feet to a 1/z inch pipe in concrete
(found);
8. 3500 14' 30" 1,546.36 feet along Lot 1-A and along the
remainder of Land Commission
Award 8559-13, Apana 2 to William
C. Lunalilo (Certificate of
Boundaries No. 33)to a 1/z inch pipe
in concrete (found);
9. 1180 44' 2,575.65 feet along the Northerly side of
Homestead Road (Waokele Street)to
the point of beginning and
containing an area of 34.559 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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MingREZ.8.10.2023
SHAWN & STEPHANIE CHING
CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000044
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 maintain valid water commitments to support the proposed
development until such time that required water facilities charges are paid in full.
C. Prior to issuance of Final Subdivision Approval, the Applicant shall construct
necessary water improvements meeting with the approval of the Department of
Water Supply.
D. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control of the Hawaii County Code.
E. All driveway connections and construction within the Old Mamalahoa Highway
and Waokele Street right-of-way shall conform to Chapter 22, County Streets, of
the Hawaii County Code. Access to Old Mamalahoa Highway and Waokele
Street, including the provision of adequate sight distances, shall meet with the
approval of the Department of Public Works, Engineering Division.
F. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works (DPW). Any
recommended drainage improvements, if required, shall be constructed meeting
with the approval of DPW prior to issuance of Final Subdivision Approval.
G. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
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
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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
and/or the United States Fish and Wildlife Service.
J. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements for the proposed development,
including the Fire Department, Department of Public Works, Department of
Water Supply and Department of Health.
K. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-15 (HAMAKUA 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
FAMILY AGRICULTURAL- 3 ACRES (FA-3a)
TO AGRICULTURAL- 5 ACRES (A-5a)
AT WAIMEA, HAMAKUA DISTRICT, HAWAH
MAP PREPARED BY:
TMK:(3)4-7-007:048 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:June 16,2023
Shawn and Stephaine Ching
EXHIBIT"A" Map: 1454