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HomeMy WebLinkAboutCOM 0157.000 2024-2026C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawaii- Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-821.1 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 Phone (808) 323-4444 • Fax (808) 323-4440 February 18, 2025 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: SUBJECT: Change of Zone Application No. PL-REZ-2024-000072 Applicant: Jack Vanderhoff, Jr. and Sau-Yin Yeung Request: Single -Family Residential—10,000 Square Feet (RS-10) to Neighborhood Commercial—10,000 Square Feet (CN-10) Tax Map Key: (3) 2-2-036:113, 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 is the Windward Planning Commission letter regarding the above -referenced request. Sincerely, WILLIAM V. BR HANTE, JR. Managing Director TCouncil V anderhoffYeungPL-REZ-2024-072 Enclosures cc: Planning Department C Ref. To; County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date 1' C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center 101 Pauahi Street, Suite 3 Hi, Hawaii 96720 Phone(808) 961-8288 Fax(808) 961-8742 February 17, 2025 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Inaba and Members of the County Council: Louis Daniele 111, Chair Chantel Perrin, Vice Chair Lauren Balog Wayne De Luz Gordon Takaki SUBJECT: Change of Zone Application No. PL-REZ-2024-000072 Applicant: Jack Vanderhoff, Jr, and Sau-Yin Yeung Request: Single -Family Residential—10,000 Square Feet (RS-10) to Neighborhood Commercial-10,000 Square Feet (CN-10) Tax Map Key: (3) 2-2-036:113, Waiakea, South Hilo, Hawaii The Windward Planning Commission (Commission), at its duly held public hearing on February 6, 2025, considered the above -referenced application for a Change of Zone from a Single -Family Residential-10,000 square feet (RS-10) zoning district to a Neighborhood Commercial-10,000 square feet (CN-10) zoning district for a 19,500-square foot parcel of land. The subject property is located at 900 Manono Street, approximately 95 feet north of its intersection with Leilani Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii. The Commission voted to forward a favorable recommendation to the County Council based on the Planning Director's recommendation. The Commission concurred with the Planning Director's following reasons for a favorable consideration of the request and voted to amend Condition G, based on the applicant's proposed revision, to allow the Department of Public Works to determine the specific requirements for driveway access to Manono Street. Criteria for granting the favorable recommendation are shown below in bold print. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicountv.gov The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawai `i February 17, 2025 Page 2 The applicants are requesting a Change of Zone from a Single -Family Residential-1.0,000 square feet (RS-10) zoning district to a Neighborhood Commercial- 10,000 square feet (CN-10) zoning district for a 19,500-square-foot parcel of land. The CN zoning district, with a minimum area required for each building site of 10,000 square feet, would allow a maximum density of one building site (lot). In addition, although the applicants propose to convert the existing dwelling to use as an accounting business office, any permitted use in the CN-zoning district can be established on the property should the change of zone request be approved, including the potential maximum density of 1.5 multiple family residential units. The applicants propose to convert the existing, single -story, 1,100-square foot single-family dwelling to accommodate an accounting business operated by one of the applicants, Ms. Sau-Yin Yeung. An existing paved driveway will provide access from Manono Street to designated parking areas, including an existing 2-car carport, 2 new parking stalls proposed at the front of the property and 6 new parking stalls at the rear of the property. The applicants anticipate completing the proposed interior renovations to change the occupancy of the existing structure within about 3 years of the approval date of the Change of Zone, at an estimated cost of $100,000. 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 Single -Family Residential-10,000 square feet (RS-10) zoning district to a Neighborhood Commercial-10,000 square feet (CN- 10) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 19,500-square foot property is rectangularly shaped, level, and located at the 20-foot elevation level. The property has been developed with an existing single-family dwelling built in 1962,.driveway and landscaping. Surrounding lands are zoned Single -Family Residential (RS-10), Double -Family Residential (RD-3.75), Multi -Family Residential (RM-1), Neighborhood Commercial (CN-10 and CN-7.5), and Limited Industrial (ML-20). Existing surrounding land uses include residential, commercial, retail, office, and industrial uses. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii February 17, 2025 Page 3 According to the Zoning Code, the CN district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. The proposed development is consistent with providing services to a residential or working population; thus, the request is consistent with the surrounding land use pattern and the intent of the 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 and policies of the General Plan Land Use Element: ■ 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 of public services and utilities, access, and public need. ■ Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. ■ Provide for commercial developments that maximize convenience to its users. ■ Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii February 17, 2025 Page 4 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 subject property is designated Medium Density Urban (mdu) by the LUPAG Map which includes uses such as village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential - up to 35 units per acre). As a neighborhood commercial use, the accounting business office will provide services to single-family and multiple -family residents in the surrounding area. The Hilo Community Development Plan (CDP) identifies the area as Single - Family Residential-10,000 square feet (RS-1.0); however, this area is transitioning to higher -density commercial type uses. The proposed change of zone would allow for the establishment of a commercial use that would be in alignment with the commercial developments in the surrounding area. Based on the preceding and with recognition of the fact that the Hilo CDP has not been updated since 1975, the proposed CN-10 zoning would be consistent with the General Plan. All essential utilities and services are available to the site. Access to the subject property is from Manono Street, a County -owned and maintained collector road improved with full curb, gutters, and sidewalks and an approximately 32-foot-wide pavement within a 60-foot-wide right-of-way. The applicants originally proposed to limit access to right -in, right -out movements only, due to the current traffic striping configuration on Manono Street, fronting the subject property. However, according to the Department of Public Works (DPW), Engineering Division, as long as the property is limited to one access point, there is no objection to allowing full movements at the access drive. Thus, no such limitation will be conditioned. Additionally, DPW notes that new striping may be required for the middle lane divider on Manono Street and the driveway location may be restricted to the north end of the property in order to provide for a longer turn lane pocket. Conditions of approval will be included to address the preceding. The Honorable Chairman Holeka Goro Inaba and Members of the County Council. County of Hawai `i February 17, 2025 Page 5 County water is available to the property from an existing 8-inch waterline within the Manono Street and the subject parcel is currently served by a 1-inch service lateral capable of accommodating a 5/8-inch meter, which is limited to an average daily usage of 400 gallons. DWS will determine the appropriate water commitment deposit, prevailing facilities charge, appropriate service lateral and meter size required once the applicants provide estimated maximum daily water usage calculations, including irrigation use, prepared by a licensed engineer. The DWS also requires a reduced pressure type backflow prevention assembly be installed. Finally, according to DWS, the existing fl- inch waterline within Manono Street is looped, and thus is adequate to provide the required 2,000-gallons per minute of flow for fire protection as per DWS standards. The preceding will be added as conditions of approval. The subject property is serviced by the County's sewer system with an existing connection to the sewer main located within Manono Street. A condition of approval will require that wastewater disposal for any new development on the property to connect to the County sewer system in compliance with Section 21-5 of Hawaii County Code. Solid waste will be handled by a commercial hauler and disposed of at authorized landfill sites or transfer stations, all essential utilities are available to the property and police, fire and medical facilities are located nearby in Hilo. 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 6,000 feet from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazards and beach erosion. There is no designated public access to the mountains or the shoreline that runs through the property. The proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii February 17, 2025 Page 6 coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "DASH" 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: As the subject property has been impacted by ground -disturbing activities associated with previous residential development since 1962, no formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or floral/faunal studies were included in the application. ■ The valued cultural, historical, and natural resources found in the rezoning area: No known archeological or historical features exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Finally, the likelihood of any rare or endangered animal species, habitat or flora on the property is remote given the long developed, urban nature of the property and surrounding area. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property and the applicants' intention to develop within the footprint of existing structures. According to the State Historic Preservation Division (SHPD), no historic properties will be affected by the proposed change of zone, however, as recommended, a condition of approval will be included to protect subsurface historic resources, should they be found. ■ Feasible actions to protect native Hawaiian rights: 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. The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii February 17, 2025 Page 7 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 permits, 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 Single - Family Residential-10,000 square feet (RS-10) zoning district to a Neighborhood Comm ercial-10,000 square feet (CN-10) 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 (City of Hilo District Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. The Planning Department's background report, recommendation report, PowerPoint presentation and public testimonies are available for review at the following Laserfiche Weblink address: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=l &startid=144152 Please note that pursuant to Ordinance No. 24-87 and Section 25-2-42(c)(4) of HCC, a report on surrounding properties within 300 feet of the subject property can be found in the Planning Department Background report as Exhibit 3. The Commission meeting minutes of February 6, 2025, can be found at the following link once it is available: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=l &startid=145027 The Honorable Chairman Holeka Goro Inaba and Members of the County Council County of Hawaii February 17, 2025 Page 8 Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at (808) 961-8159. Sincerely, Loyji �a�rr'eGe 111 Louis Daniele III (Feb 17, 202503:47 HST) Louis Daniele 111, Chairman Windward Planning Commission P\wp60\PC\PCC2025- I \L VanderhoffPL-REZ-2024-072wpc Enclosure: Draft Bill cc w/enclosure via email: Jack Vanderhoff, Jr. and Sau-Yin Yeung Daryn Arai, Land Use Planning Consultant Department of Public Works Department of Water Supply Windward Planning Commission Jeffrey W. Darrow, Planning Director Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel