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HomeMy WebLinkAboutPD Recommendation Report Joseph Gaglione (PL-SLU-2025-013) -1- RGaglioneSLU.DH.10.3.5025 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION JOSEPH E. GAGLIONE STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2025-000013) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the application for a State Land Use Boundary Amendment be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the 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 State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots, approximately 3.563-acres and 2.500-acres in size containing a single-family dwelling on each lot. The applicant is also requesting a concurrent Change of Zone from Agricultural-5 acre (A-5a) to Residential and Agricultural-2.5 acre (RA-2.5a) for the 6.063-acre subject property. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawai‘i Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawai‘i State Plan. According to the Hawai‘i Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (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 area. (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 -2- level of services are absent, and where small farms are intermixed with the low- density residential lots; and (3) Generally, 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 property was created on April 29, 1985, as one of 30 lots in the Kānehoa Estates Subdivision. The surrounding lands are located within the State’s Agricultural (A) and Rural (R) Districts, and the County’s Residential and Agricultural (A-20a, A-5a, RA-2a) zoned districts. The Anekona Estates Subdivision is located immediately to the west (makai) of the Kānehoa Estates Subdivision. The Kamuela Plantations Subdivision is located to the east. These subdivisions include mixed residential and small farm uses as well as vacant lands. From 1998 to today, the County Council approved 34 similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts and Change of Zones from A-5a to RA-2a in the Kānehoa Estates Subdivision and adjacent Anekona Estates Subdivision. Section 15-15-27 of the Hawai‘i Land Use Commission Rules determines the permissible uses within the Rural district. This 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 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 46-4(c), HRS…” The proposed boundary amendment from the Agricultural to Rural district is necessary in order for the applicant to subdivide its property into two lots, the first 3.563- acres and the second 2.500-acres. The minimum lot size in the State’s Agricultural district is 1 acre whereas the minimum lot size in the State’s Rural district is one-half acre. The applicant has stated that the 6.063-acre parcel will be subdivided into two residential/agricultural lots. According to HRS 205-3.5, Reclassification of land contiguous to an agricultural district; approval conditions: -3- 1) 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: 2) 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 3) 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 to the east and west to parcels located in the State Land Use Agricultural District, the above 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 also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Rural. The General Plan’s Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Kānehoa Estates Subdivision, as well as adjacent subdivisions, includes 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 located within the State Land Use Agricultural and County's Agricultural (A-5a) zoned districts. The property is unclassified by the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) System. Soils within the property are classified as E, considered very poor for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses -4- may exist, the soil conditions within the property and surrounding area would make it difficult for sustained agricultural activities from being conducted on the site. 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. Access to the subject property is from Kanehoa Place, a privately owned and maintained roadway with a fifty (50) foot right-of-way with twenty (20) feet of asphalt paving. Both proposed lots will have direct access to Kanehoa Place. The Department of Water Supply (DWS) has indicated that the subject property is currently served by two 5/8-inch water meters, and each meter is adequate to serve only one dwelling, based on an average daily usage of 400 gallons. DWS further noted that the existing water system facilities cannot accommodate serving more than two dwellings without extensive improvements to its system. Based on this limitation in County water, the applicant subsequently amended the request to a Residential Agricultural 2.5-acre (RA-2.5a) zoning designation to address DWS’s concerns by eliminating the potential for a three-lot subdivision. Any new dwelling constructed on the property would be served by an individual wastewater system in accordance with the requirements of the State Department of Health (DOH). Solid waste will be disposed of at the Waimea transfer station. The subject property is in area designated as Zone X, which is an area determined by the Federal Emergency Management Agency (FEMA) to be outside the 500-year flood plain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Police, fire, and emergency services are available nearby in Waimea, approximately six (6) miles to the east of the site. All essential utilities are available to the project site. Thus, all essential infrastructure is available 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 Hawai‘i State Plan relating to Socio- cultural advancement - Housing objectives and policies: -5- (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 Hawai‘i through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawai‘i Plan and the County of Hawai‘i General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. (Planning Department) ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE DISTRICT BOUNDARIES WITHIN THE COUNTY BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY NO. 6-2-009:018. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. The State Land Use District Boundaries within the County are hereby amended to change the district classification of the property described hereinafter as follows: The State land use district classification of the following area situated at Waimea, South Kohala, Hawai‘i, shall be Rural: Beginning at the Northwesterly corner of Lot 18, being also the Southwesterly corner Lot 17-A-1 and a point on the Easterly end of Kanehoa Place, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUU PA” being 11,332.73 feet North and 12,579.32 feet West and running by azimuths measured clockwise from True South: 1. 274° 01ʹ 40ʺ 301.57 feet along Lot 17-A-1 and Lot 17-A- 2 of Nakahara at Kanehoa Subdivision 2 and Lot 15-A of Kanehoa Subdivision and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; thence 2. 9° 52ʹ 00ʺ 839.65 feet along Lot 16 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; thence - 2 - 3. Along Government (Crown) Land, Pasture Lease (Copy of Survey Furnished map 22,094) and following along the middle of Keanuiomano Stream in all its meanderings, the direct azimuth and distance being: 4. 79° 28ʹ 18ʺ 320.07 feet to a point; thence 5. 189° 52ʹ 00ʺ 920.51 feet along Lot 20 of Kanehoa Subdivision (File Plan 1845) to the point of beginning; and containing an area of 6.063 acres, more or less. All as shown on the map attached hereto, marked Exhibit “A” and by reference made a part hereof. SECTION 2. The State land use district boundary amendment set forth in Section 1 is conditioned upon the following: 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. - 3 - 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: CGaglioneSLU.DH.11-10-25 JOSEPH E. GAGLIONE STATE LAND USE BOUNDARY AMENDMENT (PL-SLU-2025-000013) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns (“Applicant”) 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 Hawai‘i Revised Statutes Chapter 165, the Hawai‘i 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 Hawai‘i Revised Statutes Chapter 165, the Hawai‘i 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.