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HomeMy WebLinkAboutPD Recommendation Report Kaneshiro (PL-REZ-2023-046) RKaneshiroREZ.cm.8.22.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION SANDRA KANESHIRO CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000046 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 applicant is requesting a Change of Zone from an Agricultural-3 acres (A-3a) to a Family Agricultural-1 acre(FA-la)for 3.16 acres of land. The primary purpose for the request is to subdivide the property into 2 lots at a minimum of 1.4 acres each. Each lot will accommodate one of the 2 existing single-family dwellings, to establish fee-simple ownership of the property. The applicant anticipates the subdivision to be approved within 3 years of the requested rezone approval. The cost associated with the subdivision will be minimal, around $20,000, as it only involves subdividing the land so that each existing single-family dwelling is on its own parcel. 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 an Agricultural-3 acres (A-3a) zoning district to a Family Agricultural-1 acre(FA-la)zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject 3.16-acre property is improved with two permitted single-family dwellings built in 1987 and several related accessory structures. The remainder of the property consists of an extensive landscape and an expansive lawn at the rear of the property. Surrounding properties consists of single- -I- family dwellings, vacant lands, and agricultural uses. According to the Zoning Code,the Family Agricultural zoning district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots and is intended to be in areas designated as being within the State land use agricultural district. The proposed 2-lot subdivision with lot sizes of a minimum of 1.4 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 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 FA-la zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban (ldu). Ldu designated properties are residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The subject property is located within the Hilo Community Development Plan (HCDP) area. The Hilo CDP was adopted by resolution No. 1 by the Hawaii County Planning Commission on May 21, 1975, and identifies the property as situated within the South Hilo Agriculture Area. All essential utilities and services are available to the site. Access to the subject property is off Makalika Street,which is a County-owned and maintained road with an 18- foot-wide pavement and unimproved shoulders within a 50-foot-wide right-of-way. The -2- 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. The Department of Water Supply (DWS) is currently servicing the 2 existing single-family dwellings on the subject property with one existing water meter fronting the parcel. DWS notes that should this rezoning request be approved, the applicant will be subject to submit construction plans and design calculations prepared by a professional engineer for review and approval. The applicant will also be required to construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. Conditions of approval will be included to address the preceding. There is no municipal sewer system servicing the subject area. The two existing single-family dwellings on the subject property are currently being serviced by their own individual wastewater septic systems that were previously approved by DOH. The subject property is located approximately 4.5 miles from the nearest police station on Kapiolani Street and approximately 2.8 miles from the nearest fire station on Haihai Street. 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 4 miles from the nearest shoreline, is not situated within the Special 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, -3- 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 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: According to the applicant, 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. ■ 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 -4- 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 an Agricultural-3 acres (A-3a) zoning district to a Family Agricultural-1 acre (FA-la) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (Hilo 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. -5- �Mti(OF h{ �p COUNTY OF HAWAI`I STATE OF HAWAI`I BILL NO. ORDINANCE NO. (PLANNING DEPARTMENT) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF 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—3 ACRES (A-3 a) TO FAMILY AGRICULTURAL— 1 ACRE (FA-I a) AT HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-048:092. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-33, 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 Hilo, Hawaii, shall be Family Agricultural— 1 Acre (FA-la): Beginning at the southwest comer of this parcel of land, being also the southeast comer of Lot 2-B and on the northerly side of Makalika Street, the coordinates of said Point of Beginning referred to Government Survey Triangulation Station "HALM" being 15,908.51 feet south and 15,746.79 feet east, thence running by azimuths measured clockwise from True South: 1. 1610 00' 853.00 feet along the remainder of the Grant 13,030 to Tsugio and Asako Miyamoto (Lots 2-B and 2-D); 2. 2510 00' 161.48 feet along the remainder of the Grant 13,030 to Tsugio and Asako Miyamoto (Lot 2-E); 3. 3410 00' 833.00 feet along same; -I- 4. Thence along same on a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 26' 00' 28.28 feet; 5. 710 00' 141.48 feet along Makalika Street to the Point of Beginning and containing an area of 3.160 acres, more or less. 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. SECTION 4. This ordinance shall take effect upon its approval. -2- INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- CKaneshiroREZ.CM.8.14.23 SANDRA KANESHIRO CHANGE OF ZONE APPLICATION NO. PL-REZ-2023-000046 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 remit a water commitment deposit to the Department of Water Supply (DWS) in accordance with Rule 5 of DWS Rules and Regulations. 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. D. Prior to issuance of Final Subdivision Approval, the Applicant shall construct necessary water improvements meeting with the approval of the Department of Water Supply. E. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. F. All driveway connections and construction within Makalika Street shall conform to Chapter 22, County Streets, of the Hawaii County Code. G. 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) prior to the issuance of Final Subdivision Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of DPW prior to construction of any structures on the subject property. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. I. In the event that surface or subsurface historic resources, including human -1- 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 rind 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. J. The Applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and shall be based on the number of additional residential lots without existing dwellings that are created. The fair share contribution in the form of cash, land, facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three (3) years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $16,641.15 per single family residential lot. The fair share contribution per single family residential lot shall be allocated as follows: 1. $8,024.66 per residential lot to the County to support park and recreational improvements and facilities; 2. $387.11 per residential lot to the County to support police facilities; 3. $764.59 per residential lot to the County to support fire facilities; 4. $334.75 per residential lot to the County to support solid waste facilities; and 5. $7,130.04 per residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the Applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, -2- police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. K. 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. L. 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. 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. -3- A-5a A'3a 1P /A=10o G A-5a A-10a m ?o A-l0a A y° ° E PAL ST =5a A=10n A-3a vm v yG A-lOn A-10a A-5a� A-5n ° A-3a A=5a A'5n A-5n A-5a %w10 sl A-10a A-10a Agricultural-3 ACRES(A-3a)TO Family-Agricultural-1 ACRE(FA-1 a) 3.16 ACRES 71—j=10n A-10a A-1a 9m a A-50 A-10a ° A-10a A-3o A KP aKo9 PP� A-1a A-3n a A=10a yG A-3a m 15,908.51'S A=32 15,746.79'E FA-ln "HALAI" A-3a A-10a A-3a a A-3n FA-1a A-10a P 5� A-3a PKP�� \A-3a A=10a A-3a A-3n A-3a A 3a A-3a A-3a A-3n A-3a A- Oa RA-ln A-3a RA-la sj A-3a LPMP RA-la n. A-3a y: A-10a �, A-3a o vo A-3a A'3a ym, �MpMPK�s� A-3a A-3a A-3a A-lOn A-3a A-3n A,3a A-3a�o RA1.5o A-l0a Feet 0 1,000 2,000 3,000 4,000 5,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-33 (CITY OF HILO 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 - 3 ACRES (A-3a) TO FAMILY -AGRICULTURAL - 1 ACRE (FA-1 a) AT HILO, HAWAI'I MAP PREPARED BY: TMK:(3)2-2-048:092 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:June 20,2023 Sandra Kaneshiro EXHIBIT "A" Map: 1455