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HomeMy WebLinkAboutPD Recommendation Report (PL-SLU-2022-000008) RKaupulehuSLU.2.08.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION KA`UPULEHU LAND LLC STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION (PL-SLU-2022-000008) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment 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. The favorable recommendation is based on the following findings: The applicant is requesting a State Land Use (SLU) Boundary Amendment from Agricultural to Rural for approximately 2.653 acres of land. The applicant has submitted a concurrent request for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Neighborhood Commercial-10,000 square feet(CN-10) zoning district for 2.325 acres of land and from an Agricultural-5 acre (A-5a)zoning district to a Residential Agri cultural-0.5 acre (RA-0.5) zoning district for 3.024 acres of land. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the property into a total of 8 lots, consisting of 3 retail/commercial lots fronting Mamalahoa Highway situated in the SLU Urban district and 5 residential agricultural lots south of the commercial development situated primarily in the SLU Rural district. The approval of the reclassification from the State Land Use Agricultural to the Rural District for 2.653 acres of land will not be in violation of Section 205-2, Chapter 205,Hawaii Revised Statutes (HRS), nor will it be inconsistent with the Land Use Commission Rules,the County General Plan, and the Hawaii State Plan. According to the Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: -1- (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling,per one- half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally,parcels of land of not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The subject property conforms to these standards in that the proposed use for the southern half of the parcel in the proposed Rural district consists of low-density residential lots of not less than one-half acre, with a density of one single-family dwelling per lot. Additionally, lands directly contiguous to the east, south and west of the subject parcel consist of a mix of small farms and low-density residential lots, in an area where "city-like"urban services are absent. Although the Rural SLU classification is rare on Hawaii Island, in 1998 and 1999 two properties located about a half a mile to the northwest, and across the highway, of the subject property were reclassified by the County from the Agricultural to Rural district. These properties were also subsequently rezoned to RA-0.5a, similar to the subject applications submitted by the applicant. The Rural district serves as a transition between urban and agricultural land uses. Additionally, the reclassification action would be consistent with the goals, objectives, and policies of the Hawaii State Plan by encouraging the preservation of rural character and lifestyle. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This section states: "(a)Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within -2- the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." The proposed SLU boundary amendment from the Agricultural to Rural district is necessary for the applicant to subdivide the property into five residential agricultural lots. The smallest proposed lot size is 0.522, which complies with the State's Rural district minimum lot size of one-half acre. According to HRS 205-3.5, Reclassification of land contiguous to an Agricultural district; approval conditions: a) Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval: (1) A prohibition on any action that would interfere with or restrain farming operations; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and (2) Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii right to farm act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property. As the subject property is adjacent on all sides to parcels located in the SLU Agricultural district, the preceding will be added as conditions of approval. Based on the foregoing, the requested boundary amendment and subsequent subdivision would be consistent with the permissible uses of the Rural district. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential)policies of the General Plan: -3- • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary amendment request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the boundary amendment area as Low Density Urban. The proposed reclassification action also conforms to the goals,policies, and standards of, among others,the Land Use-Single Family Residential Element of the General Plan, and the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the southern half of the parcel as Low Density Urban (LDU). According to the General Plan, the LDU designation allows for 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. While the proposed density of the residential lots is less than allowed in the LDU designations, the applicant's proposed 5-lot residential agricultural subdivision is responding to community input that indicated a preference for lower-density development. Existing lands in the surrounding area include a mix of rural-residential and limited agricultural activities. This boundary request would allow a rural development for residential-agricultural uses that will complement the existing and future residential- agricultural land use patterns of the immediate vicinity. The property is presently located within the State Land Use Urban and Agricultural and County's Agricultural (A-5a) zoned districts and is being used for residential and pasturing purposes. Although the southern portion of the parcel is defined as "Prime Agricultural Land"by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System, with a Land Study Bureau classification of"B" (or"good") soils, the small size of the parcel does not lend itself to large-scale agricultural activities. Rather, residential agricultural use would support more -4- sustainable, small-scale agricultural activities while also providing low-density housing availability. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property,which are essential to accommodate rural development. Residential agricultural lots in the area proposed for Rural designation will be accessed by Ishihara Farm Road, a private road over an approximately 50-foot-wide combined easement within Lots 11-A-2 and 11-A-3 in favor of the subj ect property (Lot 11-A-1). The subj ect property was allowed the ability to utilize non-exclusive access easements over and across Easements "5" and"6" and a non- exclusive utility easement over and across Easement"9", as granted by the Declaration of Easements dated May 11, 2005. According to the Department of Water Supply (DWS), water for the proposed project can be made available from an existing 12-inch waterline within Mamalahoa Highway. The existing farm dwellings are serviced by a one-inch water meter and individual residential lot owners of the other proposed lots will be responsible for installation of their own water meters and related infrastructure. The proposed lots will utilize individual wastewater systems meeting with approval by the State Department of Health (DOH). Solid waste will require private disposal at an approved transfer station or landfill. According to the Federal Emergency Management Agency the subject property contains several flood zone designations including Zone "X", "XS", "AO", "AE", and "AEF". Development on the property will be required to comply with the County floodplain code. The property is located over eight(8) miles from the nearest shoreline and thus is not situated within the Special Management Area,the tsunami inundation area or evacuation area. As conditions of approval of the concurrent Change of Zone application, all development-generated runoff will be disposed of on site and not directed toward any adjacent properties. All earthwork activity, including grading and grubbing, will conform to Hawaii County Code for Erosion and Sedimentation Control and Flood Control. -5- Police, fire, and emergency services are available nearby in Waimea, approximately half a mile from the subject property. In sum, all essential utilities and infrastructure are available to the subject property, to support the requested boundary amendment to the Rural district. Finally,the boundary amendment would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement-Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawai`i's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the preceding,the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State -6- Land Use Regulations and is supportive of the County of Hawaii General Plan and the State of Hawaii Plan. The accompanying draft bill to amend the State Land Use District Boundary Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -7- �Mti(OF h{ �p COUNTY OF HAWAI`I STATE OF HAWAI`I BILL NO. ORDINANCE NO. (Planning®eparbnent) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-4-024:027 (por.). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waimea, South Kohala, Hawaii, shall be Rural: Beginning at the Southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 944.18 feet South and 2,698.08 feet East, and thence running by azimuths measured clockwise from True South: 1. 1490 07' 471.30 feet along Lot B and Parcel 28; 2. 2500 21' 341.77 feet along the remainder of Lot 11-A-1; 3. 3290 07' 218.26 feet along Lot 11-A-2; 7. 300 02' 383.59 feet along same, to the point of beginning and containing an area of 2.653 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- BKaupulehuSLU.2.08.23 KA`UPULEHU LAND LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2022-000008) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all the proposed lots. B. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. -1- URBAN GRICCILT AL AG LT AL AGRICULTURAL AGRICUL URAL � v_ UR N m U RB G Y v r AGRICULT AL AGR ULTURAL MP�PNpP UR U N MP URBAN URB N N URBAN UR N AGRIC TURAL RBA URBAN U AGRICULTURAL TO AGRICULTURAL RURAL RB 2.653 ACRES AGRI RAL ICU L RAL AGRICULTURAL �2p RB N AGR LTURAL 94418'S 2698.08'E yOG "WEST BASE" AGRICU URAL U BAN UR AN BA URB AGRI RAL BAN KPMPNP�PSRBAN URBA Feet 0 500 1,000 1,500 2,000 2,500 AMENDMENT TO THE STATE LAND USE. BOUNDARIES MAPS. AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA, SOUTH KOHALA, HAWAIT MAP PREPARED BY: TMK:(3)6-4-024:027 COUNTY OF HAWAH, PLANNING DEPARTMENT DATE:December7,2022 EXHIBIT"A" Kaupulehu Land LLC Map: 22-007