HomeMy WebLinkAboutPD RECOMMENDATION (REZ 09-101) RsugaiREZAmendch.6.19.2020
COUNTY OF IIAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
DR.BRIAN SUGAI
AMENDMENT TO CHANGE OF ZONE ORDINANCE 10 19 (REZ 09-101)
Upon careful review of the request to amend Condition D of Ordinance No. 10 19,the
Planning Director is recommending that a favorable recommendation 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 position based on additional
information presented at the public hearing.This recommendation is based on the following
fmdings:
The applicant, Dr. Brian Sugai, has submitted an application for a six (6)-year
time extension to Condition D (Time to Complete Construction) of Ordinance No. 10 19,
which was originally approved on March 18, 2010 and which reclassified approximately
one(1) acre of land from an Agricultural 1-acre (A-la)to Neighborhood Commercial-
20,000 square feet(CN-20) zoning district.
The applicant initially planned to construct an approximately 20,000-square foot,
two-story building to contain his medical office and other offices for rent/lease on the
ground floor and a residential unit on the second floor to be used by the applicant. The
original plan also set aside an area on the property for an additional 20,000-square foot
building. However,due to cost considerations, the applicant decided to reduce the size of
the structure to a proposed 8,900-square foot,two-story office building, including one(1)
residential unit and a 36 stall parking lot,two(2)of which will be ADA accessible.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants,successors or assigns, and that
are not the result of their fault or negligence. According to the applicant, Final Plan
Approval and a building permit were issued in 2011. However,based on cost
considerations and the economy just coming off of a recession,construction was delayed,
and plans were abandoned. The applicant subsequently submitted revised building plans
in 2013,but due to a misunderstanding with the Department of Public Works(DPW), a
building permit was never issued. In 2014, DPW issued a site work grading permit and
some site work subsequently occurred. However, misunderstandings between the
applicant and the then contractor resulted in lengthy litigation between the parties and
construction was suspended during that time. With the litigation resolved, a new grading
permit was issued in 2019 and site work re-commenced. Upon receipt of this time
extension approval, a new Final Plan Approval can be obtained, a new building permit
can be finalized, and the applicant intends to complete the project within 24 months.
Granting of the amendments would not be contrary to the original reasons
for granting the change of zone.The reasons for granting the original change of zone
under Ordinance No. 10 19 have not changed. The CN-20 zoning remains consistent with
the LUPAG designation and goals, policies, and actions of the General Plan. The site is
served by appropriate infrastructure such as water, wastewater, access, and essential
utilities. There are no irresolvable geological or topographical problems which cannot be
rectified, or which would render the land unusable.
Since the subject parcel was rezoned, there has not been any significant land use
regulatory changes in this area. The current zoning(CN-20) continues to be consistent
with Medium Density Urban(MDU) designation in the General Plan's Land Use Pattern
Allocation Guide(LUPAG)map,which allows for a "Village and neighborhood
commercial and single family and multiple family residential and related functions
(multiple family residential--up to 35 units per acre). "
The subject, one(1)-acre property is located on the east side of Komohana Street
just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to
the east, and is located at an elevation of about 240 feet. The property was formerly
planted in sugar cane but has been graded and is currently vacant of any structures or
improvements. The CN zoning and proposed development is consistent with the mixed
residential/commercial/medical office character of the surrounding neighborhood. The
nearest residential uses are located in the Komohana Heights subdivision just beyond the
Alenaio drainage channel, south of the property.The adjacent properties to the north are
vacant and similarly zoned CN-20.Undeveloped lands to the west were rezoned in 2004
to the Wailani Project District. To the east are vacant lands zoned A-la and residential
uses on land zoned RS-7.5. The Ka Waena Lapaau medical office complex is located at
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the northeastern corner of the Ponahawai Street- Komohana Street intersection on land
zoned CN-20. Several of the nearby properties on the south side of Ponahawai Street
makai of Komohana Street have been rezoned to RM-4, RM-5.5 and CN-20.
The proposed development will be developed in accordance with the Zoning
Code, including the requirement to obtain a new Final Plan Approval, which will ensure
appropriate on-site parking, drainage and landscaping requirements will be met. In
addition,the proposed amendment meets the concurrency requirements of the Zoning
Code which address traffic,potable water, and Civil Defense Siren availability
(approximately 500 feet from the subject site).
According to the Department of Water Supply(DWS), County water is available
from an existing 12-inch waterline fronting the property within Komohana Street that is
adequate to provide the required 2,000 gallons per minute fire flow for fire protection Per
DWS standards. Condition B of the subject Change of Zone ordinance required the
applicant to submit anticipated maximum daily water usage calculations to DWS within
180 days of the effective date of the ordinance,however the applicant did not comply
with that timeframe. In anticipation of the Change of Zone amendment,the applicant
completed water demand calculations and submitted them to DWS for review. Based on
the calculations,the proposed project will need a total of 1,835 gpd,or four(4) additional
units of water. According to DWS, the applicant would be required to request a wager
commitment for the additional units of water and pay the necessary commitment deposit
of$600. The applicant will also have to cut and plug the existing 1-inch service lateral,
install a 1 1/2-inch service lateral and a 1-inch meter(in lieu of the existing 5/8-inch meter
serving the property), install a fire hydrant withing 150-feet of the subject property,
install a reduced pressure type backflow assembly within five(5) feet of the water meter
and remit the remainder of the facilities charges for the additional service.
As the applicant has complied with the completion and submission of water
calculations to DWS as required by Condition B, the Director is suggesting updating the
condition to articulate the required timing of the water commitment deposit payment and
articulating the need for the applicant to maintain valid water commitments.
The applicant also completed a Solid Waste Management Plan(SWMP) that was
approved by the Department of Environmental Management on April 18, 2011 as
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required by Condition M of the subject Change of Zone ordinance. Based on staff
conversations with the DEM-Solid Waste Division, the Director is recommending the
retention of this Condition so that DEM has an opportunity to review and update as
necessary components of the SWMP prior to receipt of Final Plan Approval for the
proposed development or any additional development on the subject property.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use,prior to its commencement or establishment upon
the subject properties. 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 Planning Director recommends that a
favorable recommendation be forwarded to the County Council to amend
Ordinance No. 10 19. In addition,the Planning Director recommends that existing
conditions in the ordinance be revised to reflect the current standard language for
conditions of approval and to remove satisfied conditions. The accompanying draft bill to
amend Ordinance No. 10 19 is provided for your consideration. Please note the proposed
conditions of approval attached to the draft bill. Material to be deleted is bracketed and
struck through;new material is underscored.
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO.
ORDINANCE NO. 4 &n. ASpr)
AN ORDINANCE AMENDING ORDINANCE NO. 10 19 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—ONE ACRES (A-1a)TO NEIGHBORHOOD COMMERCIAL—
20,000 SQUARE FEET (CN-20)AT PONOHAWAI, SOUTH HILO, HAWAII, COVERED
BY TAX MAP KEY: 2-3-037:019.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Section 1 and Section 2 of Ordinance No. 1019 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 [(2005 Edition)}(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 Ponahawai, South Hilo,
Hawai`i, shall be Neighborhood Commercial—20,000 square feet (CN-20):
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2403
Edition)] (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
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(B) Fulfillment of the need for public service demands created by the
proposed use.
INSERT CONDITIONS
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
•
. . . .. . . •. :.. . . . . . . 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.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
,
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL- ONE ACRE (A-1a)TO
NEIGHBORHOOD COMMERCIAL • 20,000 SQUARE FEET (CN-20)
AT PONAHAWAI, SOUTH HILO, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK a-3-37.R DATE July 30,2009
EXHIBIT"A" (Br
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FOR REFERENCE ONLY
CSugaiREZAmmd.cd.6.19.2020
DR. BRIAN SUGAI
CHANGE OF ZONE ORDINANCE 10 019 (REZ 09-101)
AMENDED CONDITIONS OF APPROVAL
A. The applicant(s), successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. [. . . . . .. . . .. . .. .. ... .. . . . .... . . _ _ . : . ,
! :: - ,- : :_ 1- : : : : : : : .:.] A water commitment deposit
shall be paid to the Department of Water Supply within 180 days from the effective date
of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules
and Regulations. The applicant, successors,or assigns are responsible for maintaining
valid water commitments to support the proposed use until such time that required water
facilities charges are paid in full.
C.
, -. . . . _ _.. -- . - _ . : . .] The applicant, successors, or assigns shall
install and construct necessary water system improvements meeting with the
requirements of the Department of Water Supply prior to the issuance of a Certificate of
Occupancy.
D. Construction of the proposed [imprevements] development shall be completed within
[five(5)J six(6)years from the effective date of this amended ordinance. This time
period shall include securing Final Plan Approval from the Planning Director in
accordance with Section 25-2-70, Chapter 25 (Zoning Code),Hawaii County Code.
Plans shall identify all proposed structure(s), fire protection measures,paved driveway
access,parking stalls and loading zones. Landscaping shall be indicated on the plans for
the purpose of mitigating any potential adverse noise or visual impacts to adjoining
parcels. Landscaping shall be provided in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirements).
E. Development of the property shall be designed and constructed in a way to minimize
obstruction of the scenic views of Hilo Bay and the Puna shoreline from Komohana
Street.
F. Prior to the issuance of a Certificate of Occupancy,the applicant shall provide full
improvements to the property's frontage along Komohana Street consisting of,but not
limited to,pavement widening with concrete curb, gutter and sidewalk, drainage
improvements, and any required utility relocation, meeting with the approval of the
Department of Public Works.
G. Access shall be through Road and Utility Easement RU-I l at Komohana Street and shall
be limited to right-turn in and right-turn out movements only. The access connection to
Komohana Street shall conform to Chapter 22 (County Streets)of the Hawaii County
Code. Prior to the issuance of a Certificate of Occupancy,the applicant shall install "no
left-turn"sign(s) and a triangular-shaped raised concrete barrier at the property access to
prevent left-turns into and out of the access driveway. All improvements shall meet with
the approval of the Department of Public Works.
H. Should the applicant submit plans to develop a land use beyond what is proposed in the
application,which the Planning Department in consultation with the Department of
Public Works determines will generate over 50 peak hour trips, a Traffic Impact Analysis
Report(TIAR) shall be submitted for review and approval by the Department of Public
Works prior to Final Plan Approval. The applicant shall implement when required by the
Department of Public Works, at no cost to the County, any transportation improvements
deemed necessary by the Department of Public Works.
Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be installed by the applicant.
J. The applicant shall install wastewater disposal system(s)meeting with the requirements
of the Department of Health prior to the issuance of a Certificate of Occupancy.
K. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to Final Plan Approval.
L. All development-generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and submitted to the
Department of Public Works prior to the issuance of Final Plan Approval. Any drainage
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improvements, if required, shall be constructed meeting with the approval of the
Department of Public Works prior to the issuance of a Certificate of Occupancy.
M. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control,
of the Hawaii County Code.
N. Comply with Chapter 11-55,Water Pollution Control,Hawaii Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction activity.
O.
.] In the unlikely event that surface or subsurface historic
resources, including human 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, cease work in the
immediate vicinity of the find,protect the find from additional disturbance and contact
the State Historic Preservation Division 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.
P. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented,the applicant shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Code relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of Housing and Community Development
prior to final plan approval or final subdivision approval for any new residential
structures.
Q. If the applicant, successors, or assigns develops residential units on the subject property,
the applicant shall make their fair share contribution to mitigate the potential regional
impacts of the property 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 Plan Approval. The fair share contribution for each lot shall be
based on the actual number of residential units developed. The fair share contribution in
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a 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
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
combined value of[$'69844] $9,645.17 per multiple family residential unit
([$11,9996 63] $15,030.92 per single family residential unit). The total amount shall be
determined with the actual number of units according to the calculation and payment
provisions set forth in this condition. The fair share contribution per multiple family
residential unit(single family residential unit) shall be allocated as follows:
1. [$3,397.26] $4,757.69 per multiple family residential unit([$5,784.99] $7,248.17
per single family residential unit)to the County to support park and recreational
improvements and facilities;
2. [$120.01] $150.37 per multiple family residential unit([$279.07] $349.65 per
single family residential unit)to the County to support police facilities;
3. [$369717] $462.54 per multiple family residential unit([$55420] $690.61 per
single family residential unit)to the County to support fire facilities;
4. [$164:54] $206.16 per multiple family residential unit([$24132] $302.36 per
single family residential unit)to the County to support solid waste facilities; and
5. [$3,247.12] $4,068.41 per multiple family residential unit([$5,140.06] $6,440.12
per single family residential unit)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, 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.
R. 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.
S. The applicant shall comply with all applicable County, State and Federal laws,rules,
regulations and requirements.
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T.
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•
or Zoning Code.
57] If the applicant should require an additional extension of time,the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
U. Should any of the conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the subject area to its original or
more appropriate designation.
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