The URL can be used to link to this page

Home My WebLink AboutCOM 0942.000 2022-2024Mitchell D. Roth Alayor Deanna S. Sako Managing Director Robert H, Command Deputy Managing Director C�11MIN laf'Puftlai`r (Offier off4rAnVor 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KON& 74-5044 Ane Keoholtillole Hwy., Bldg C . Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 July 3, 2024 _ r Heather Kimball, Council Chair and Members of the County Council <' County of Hawaii' 25 Aupuni Street = � Hilo, HI 96720 Dear Chair Kimball and Members: SUBJECT: Planning Director Initiated (PL-PDI-2024-000005) Repeal of Change of Zone Ordinance No. 12 132 Landowners: Thomas W. Winegar and Susan E. Furchgott Tax Ma Key: 3 2-2-038:017 Waiakea South Hilo Hawaii As required by Chapter 7, Sec, 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission letter regarding the above -referenced request. Sincerely, MITCHELL D, ROTH Mayor TCotane ilPL-PDI-2024-005RepealOixiNo l2 132 Enclosures cc: Planning Department County of Hawaii is an Equal Opportunity Provider and Employer, Comm. No. Z Ref. To: 1 Ref. Date JUL 1 1 2024 Mitchell D, Roth �p�~t 'p"t �'ri, Dennis Lin, Clair Lla3ar Louis Daniele III, Vice Chair +:i+ Lauren Balog Deanna S, Sako •+1�}E Wayne De Luz Managing Direclnr Matthias Kusch oF•Ke�� Chantel Perrin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 + Fax (808) 961-8742 June 28, 2024 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Planning Director Initiated Repeal of Change of Zone Ordinance No. 12 132 (PL-PDI-2024-000005) Landowners: Thomas W. Winegar and Susan E. Furchgott Tax Map Key: (3) 2-2-038:017, Waiakea, South Hilo, Hawaii The Windward Planning Commission (Commission), at its duly held public hearing on June 6, 2024, reviewed and considered the Planning Director's request to repeal Change of Zone Ordinance No. 12 132 and amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 Article 8, of the Hawaii County Code 1983 (2016 Edition as amended), by reverting the current zoning of the subject property from Multiple -Family Residential-3,000 square feet (RM-3) to its original Single -Family Residential --- 10,000 square feet (RS-10) zoning district for approximately 0,9793 acres of land. The subject property is located at 1623 Kino`o[e Street, approximately 0,2 miles south of its intersection with West Kawili Street, Waiakea, South Hilo, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Directors recommendation. The Commission concurred with the Planning Director's following reasons for a favorable consideration of the request. The Planning Director is initiating a repeal of Ordinance No. 12-132 in response to a written request, dated October 31, 2023, submitted by the property owners Thomas Winegar and Susan Furchgott. The repeal would revert the zoning of approximately 0.9793 acres of land to its original Single -Family Residential-10,000 square feet (RS-10) Hawai'i Caanly is an Equal Opponunily Aorider and Employer Heather Kimball, Council Chair and Members of the County Council June 28, 2024 Page 2 zoning designation from the current Multiple -Family Residential-3,000 square feet (RM- 3) zoning designation. The subject property was rezoned from RS-10 to RM-3 with the objective of constructing a multifamily student housing complex. Condition B (time to complete construction) of Ordinance No. 12-132 required compliance by October 25, 2017, or five years from the effective date of the subject ordinance. The applicants obtained Final Plan Approval, on January 23, 2015, and a building permit was issued, on October 24, 2017, for a 3-unit student apartment building. Additionally, pursuant to Condition L, the applicants remitted a fair share contribution in the amount of $23,710.05, per a June 26, 2014 letter from the Planning Department, which will be reimbursed. However, according to the applicants, the project was unsuccessful due to construction costs being higher than anticipated, including installation of a costly wastewater treatment system as the full scope of the project could not be served by septic tanks. The closest County sewer line is located along Kawili Street, about 1,100 feet south of the subject property. Although no administrative time extension was issued, even with this option, Compliance with Condition B (tone to complete construction) would have lapsed on October 25, 2022. In 2023, the applicants requested to void the building permit and repeal the change of zone. As the landowners have no intention of developing any uses permitted in the RM- 3 zoning district, they are requesting that the Planning Director initiate rezoning of the property to its original RS-10 zoning, pursuant to Condition P of the subject ordinance, which allows the Director to initiate reversion of land to its original zoning or rezone to a more appropriate designation should conditions of approval not be met or substantially complied with in a timely fashion. Since the subject parcel was rezoned, there have not been any significant land use regulatory changes in this area. The proposed reversion to the original RS-10 zoning would be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Medium Density Urban Designation, which allows for a "village and neighborhood commercial and single fancily and multiple family residenlial and related fitnetions (multiple family residential - tip to 35 units per acre). The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. The subject parcel is not situated within the Special Management Area and the area has been extensively developed. Additionally, there are no known archaeological, historical, or cultural resources and no protected/endangered floral or faunal resources found on the subject parcel. Heather Kimball, Council Chair and Members of the County Council Juno 28, 2024 Page 3 Immediately surrounding properties are almost entirely zoned Single -Family Residential-10,000 square feet (RS-10), with residential uses. An adjacent property to the northeast is zoned Multiple -Family Residential-4,000 square feet (RM-4) and developed with a duplex. Given the preceding, reverting to the RS zoning district will be consistent with surrounding land uses and zoning. All infrastructure, which consists of roadway access, water, wastewater, solid Waste, and utilities and services, are adequate to support the RS-10 zoning district. Lastly, although the recommendation to repeal Ordinance No. 12-132 will extinguish any conditions related to the RM-3 zoning, it is made with the understanding that the landowners remain responsible for developing the parcel in compliance with all other applicable governmental requirements in connection with the Single -Family Residential (RS) zoning district prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with County Streets, Water, Sewer and Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among 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, a favorable recommendation of the Planning Director's initiated action to repeal Change of Zone Ordinance No. 12-132 and reclassify lands from Multiple -Family Residential-3,000 square feet (RM-3) to Single -Family Residential-10,000 square feet (RS-10) would result in an appropriate land use pattern and would be in the best interest of the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note as this draft ordinance repeals Ordinance No. 12-132 and reverts the subject property back to its original RS-10 zoning district, there are no proposed conditions to be attached to this draft bill. The Planning Department's background report, recommendation report, and PowerPoint presentation are available for review at the following Laserfiche WebLink address: littps://records.hawaiicounty_gov/WebLink/l/fol/135474/Row 1.aspx Heather Kimball, Council Chair and Members of the County Council June 28, 2024 Page 4 Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at (808) 961-8159. Sincerely, June 28, 2024 Dennis Lin, Chairman Windward Planning Commission Plwpb0IPCTCC2024-21LPD]iiitiated W incgarFurcligottPL-PDI-2024-005 Enclosure: Draft Bill cc w/enclosure via email: Thomas Winegar and Susan Furchgott Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel