HomeMy WebLinkAbout03/09/21 PD RECOMMENDATION (AMEND REZ 1059)RYoungREZAmend.ac 3 4.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ERNEST AND ELIZABETH YOUNG
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 04 149 (REZ 1059)
Upon careful review of the request to amend Condition C of Ordinance No. 04 149, the
Planning Director is recommending that a favorable recommendation be forwarded to the
Hawaii County Council. Since this recommendation is made without the benefit of public
testimony, the Director reserves the right to modify and/or alter the recommendation. This
favorable recommendation is based on the following findings:
The applicants, Ernest and Elizabeth Young, have submitted an application for an
amendment to Condition C (Time to Secure Final Subdivision Approval)of Change of
Zone Ordinance No. 04-149,which rezoned 1.8628 acres of land from Agricultural-5
Acres (A-5a) to Single Family Residential-20,000 Square Feet (RS-20) zoning district.
The previous applicant never requested an administrative time extension for the subject
Ordinance, therefore the deadline to comply with this condition and complete the
proposed subdivision would have been December 8, 2009. Based on the preceding, the
applicants are now requesting a 5-year time extension to complete the proposed
subdivision.
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. The previous landowner, Lillian Mahi
received approval for a State Land Use Boundary Amendment and Change of Zone for
the subject parcel in 2004. At the time the applicant proposed to subdivide the subject
parcel into three (3) lots at least 20,000 square feet in size. Despite initiating the
subdivision process in 2005, Ms. Mahi was unable to complete the requirements of
tentative subdivision approval by the time she passed away in 2008. Ms. Mahi's children
were similarly unable to complete the project and subsequently sold the property. The
current applicants purchased the property in 2016 and have been diligently working
toward complying with conditions of the change of zone ordinance and tentative
subdivision approval. During this process, the applicants were made aware that they
were out of compliance with timed conditions of approval. To rectify this oversight, the
applicants are requesting a five (5)year time extension to complete the subdivision.
Granting of the amendments would not be contrary to the original reasons
for granting the change of zone. The reasons for granting Change of Zone Ordinance
No. 04 149 have not changed. The current landowner intends to develop the property in
the same manner as in 2004 when the original zoning was granted, by creating a 3-lot
subdivision consistent with the RS-20 zoning district. The site is served by appropriate
infrastructure such as water, wastewater,roadway access, and essential utilities. There are
no irresolvable geological or topographical problems which cannot be rectified, or which
would render the land unusable.
Granting of the amendments would not be contrary to the General Plan or
Zoning Code. Since the subject parcel was rezoned, the Kona Community Development
Plan (KCDP) was adopted in 2008. The KCDP designates the property to be within the
Kona Urban Area" and the current zoning (RS-20) continues to be consistent with the
General Plan's Land Use Pattern Allocation Guide(LUPAG)map Low Density Urban
designation, which allows for a"residential, with ancillary community and public uses,
neighborhood and convenience-type commercial uses; overall residential density may be
up to six units per acre."
Additionally, the zoning is consistent with the following goals, policies, and
actions of the General Plan:
LAND USE ELEMENT
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments ofthe County.
Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilitues and facilities.
Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community,region and County.
Zoning request shall be reviewed with respect to General Plan designation, district
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goals,regional plans, State Land Use District, compatibility with adjacent zoned
uses, availability of public services and utilitues, access and public need.
HOUSING ELEMENT
Attain safe, sanitary, and livable housing for the residents of County of Hawaii.
Maintain a housing supply which allows a variety of choice.
Seek sufficient production of new addorable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accomodate the needs and desires of
families and inidividuals.
The subject, 1.8628-acre property is situated at the southwest corner of the
intersection of Mahilani Drive and Mamalahoa Highway and is currently improved with a
1,712 square foot single-family dwelling, as well as a storage building and two small
sheds.
The RS-20 zoning and proposed subdivision is consistent with other single family
residential subdivisions located in the surrounding area. These subdivisions are situated
mainly within the State Land Use Urban District and are primarily zoned Agricultural (A-
5a) by the County. However these subdivisions are non-conforming residential sized lots
ranging between 8,000 to 20,000 square feet.
The subject parcel currently has two driveway accesses, one from Mahilani Drive
and another from the Mamalahoa Highway which is a State owned and maintained
highway. Conditions of the Ordinance memorialize access location requirements for the
proposed lots. As Mamalahoa Highway is a State-owned and maintained roadway, the
applicant will be required to secure approval from the State Department of Transportation
for any driveway connections. The preceding has been added as a condition of approval.
While the applicant anticipates a small increase in traffic from the project, it should not
have a significant impact on existing State and County roads.
The property is currently served with two (2)units of water and the applicant has
paid the water commitment fee for one(1) additional unit ofwater through January 31,
2024 and is subject to renewal. Based on the preceding, the Director is recommending
amending Condition B to require the applicant to maintain valid water commitments until
the required water facility charges are paid in full.
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The property has no severe geological or topographical problems which cannot be
rectified, or which would render the land unusable. The project site is located within
Zone "X", which is an area of minimal flood hazard and the applicant will be required to
ensure that all development-related runoff be disposed of on site and not be directed
toward any adjacent properties.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management.The project site located more than 5.3 miles
from the nearest shoreline and is situated outside of the SMA. There is no record of any
designated public access to the shoreline or mountain areas that traverses the site. There
is no evidence that valued cultural, historical or natural resources exist on the property,
and there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Furthermore, a professional flora/fauna study was submitted in
2004, which concluded that, "no rare, threatened, or endangered species as listed by the
U.S. Fish and Wildlife Service were observed on or near the property, as the property was
already graded and developed for residential use."
Based on the preceding, it is not anticipated that the proposed request will have
any adverse impact on cultural or historical resources in the area. Therefore, no action is
necessary to protect these rights.
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 04 149. In
addition, the Planning Director recommends that the existing conditions in the ordinance be
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revised to reflect the current standard language for conditions of approval. The accompanying
draft bill to amend Ordinance No. 04 149 is provided for your consideration. Please note the
proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and
struct through; new material is underscored.
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COUNTY OF HAWAII •A" f;•? STATE OF HAWAII
BILL NO.
ORDINANCE NO. Q W1M I[`1(k VA/1)
AN ORDINANCE AMENDING ORDINANCE NO. 04 149 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—5 ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL -20,000
SQUARE FEET(RS-20) AT KALAOA 1sT AND 2ND,NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY: 7-3-011:068.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 04 149 is amended as follows:
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
1) Necessary to prevent circumstances which maybe 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
B) Fulfillment ofthe need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
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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 HAWAPI
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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CYaungREZAmenddo 3 4 21
ERNEST & ELIZABETH YOUNG
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 04 149 (REZ 1059)
AMENDED CONDITIONS OF APPROVAL
A The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B.
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 Final subdivision approval shall be secured within five(5) years from the effective
date of this amended ordinance.
D. Access to the proposed lots (B-1 and B-2) shall be from Mahilani Drive. Access to
proposed lot B-3 shall be from an existing access on [Memelahoal Mamalahoa
Highway. Access shall meet with the requirements of the Department of Public
Works and the State Department of Transportation.
E A 10-foot wide"no vehicular access planting screen"easement shall be delineated
along all lots fronting [Mamaiahea] Mamalahoa Highway.
F.All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
G. Drainage improvements, if required, shall be constructed meeting with the approval
of the Department of Public Works in conjunction with Final Subdivision Approval.
H Restrictive covenants in the deeds of all proposed residential lots shall prohibit the
construction of a second dwelling unit and condominium property regimes and any
further subdivision of each lot. This restriction may be removed by amendment of this
ordinance by the County Council. The owners of the property may also impose
private covenants restricting the number ofdwellings. A copy of the proposed
covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the
Planning Director for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicant and the County and recorded with the Bureau of
Conveyances for any portion of the subject property. A copy ofthe recorded
document shall be filed with the Planning Department upon its receipt from the
Bureau of Conveyances.
All earthwork and grading shall conform to Chapter 10, Erosion and [Sediment]
Sedimentation Control of the Hawai`i County Code.
J.A National Pollutant Discharge Elimination System (NPDES) permit and an
Underground Injection Control (UIC)permit,if required, shall be secured from the
State Department of Health before the commencement of construction activities.
immediate ar a shall c ase and the Department of land and Natural Resources Statc
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.
l ]L. The applicant shall pay its fair share contribution to address potential regional impacts
of the project with respect to roads,park, fire, police and solid waste disposal
facilities. The fair share contribution shall be initially based on the representations
contained within the change of zone application and may be increased or reduced
proportionally if the lot counts are adjusted. The fair share contribution shall become
due and payable prior to receipt of Final Subdivision Approval [ 'r..,.;iia:e-(5-)
first]. The fair share contribution for each additional lot shall be based on [a
this change of zonc] the actual number of residential lots developed. The fair share
contribution in 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 [maximum] combined value of[$9,67-1:44] $15,030.92 per
additional single family residential [unit] lot. [
representation of intent to develop a total of two(2) additional single family
The total amount
shall be determined with the actual number of lots according to the calculation and
payment provisions set forth in this condition. The fair share contribution shall be
allocated as follows:
1.466344]7,248.17 per single family residential [unit] lot [f-- dic-ated
total of$9,327.48] to the County to support park and recreational
improvements and facilities;
2 221.98]349.65 per single family residential lot [for an indicated total of
44996] to the County to support police facilities;
3.444.36]690.61 per single family residential [writ] lot[for an indicated total
ef-$888.72] to the County to support fire facilities;
4 191.55]302.36 per single family residential [unit] lot [fonan-inelleateElfetal
eMAS9.181 to the County to support solid waste facilities;
5.414&S=-Q1]6,440.12 per single family residential [unit] lot [for-an-indicated
total of$8,287.62] to the [State-er] County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the applicant may construct such
facilities related to park, fire,police and solid waste disposal facilities subject to the
review and recommendation of the Planning Director, upon consultation with the
appropriate agencies and the approval of the Hawaii County Council.
61M. 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.
M7]N. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
may be granted by the Planning Director upon the following circumstances:
1. The non performance is the result of conditions that could not have been
that are not the result of their fault or negligence.
2.Granting of the time extension would not be contrary to the Ceneral Plan or
Zoning Code.
3.Granting of the time extension would not be contrary to the original reason,
4. The time extension granted shall be for a period not to exceed the period
5,] If the applicants, successors, or assigns should require an additional extension
of time, the Planning Director shall submit the applicants request to the
County Council for appropriate action.
9]P. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or more
appropriate designation.
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO SINGLE-FAMILY RESIDENTIAL (RS-20)
AT KALAOA 1st and 2nd, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3.011'.068 Date: June 1,20D4
EXHIBIT"A" Lilian E. Mahi:1137)
FOR REFERENCE ONLY