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HomeMy WebLinkAboutPD RECOMMENDATION (AMEND REZ 399)RKagimoto_AmendREZ399 3 2021 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KELLY KAGIMOTO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 723 (REZ 399) Upon careful review of the request to amend Ordinance No. 723, the Planning Director is recommending that a favorable recommendation be forwarded to the County Council to delete all conditions of Ordinance No. 723. 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 findings: The applicant is requesting to delete all conditions of Change of Zone Ordinance 723 while retaining the current zoning district established by the ordinance. Ord. 723 changed the district classification for a 9,425 square-foot portion of the 20,188 square foot subject property from the Single-Family Residential-10,000 square feet (RS-10) zoning district to the Neighborhood Commercial-10,000 square feet (CN-10) zoning district to align with the zoning of the remainder of the property. The approved rezone was subject to a number of conditions of approval placed on the original applicant and landowner to ensure timely development of the property. The applicant is currently contemplating the development of a retail building on the subject property that led to the purchase of the parcel in 2019. The applicant currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space of the historic Ando building. The unique issues relating to the status of the rezone and permitted uses has forced the applicant to suspend any efforts to design and pursue a potential retail building until this rezone request is completed. As previously stated, the Planning Director is supportive of the deletion of conditions as this rezone ordinance covers only half of the subject parcel. This unique situation has led the property owner to suspend development until this matter can be resolved. The following outlines the criteria for granting a rezone amendment: 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. In 1981, via Ordinance No. 723, the Hawaii County Council approved a change of zone for a 9,425 square foot portion of the subject property from a Single-Family Residential-10,000 square feet zoning district to a Neighborhood Commercial-10,000 square feet (CN-10) zoning district in support of a proposed 16-unit apartment complex and Laundromat applied for by the previous owner, Beretania Properties, Inc. The rezoning was largely supported since more than half of the subject parcel directly fronting Kino`ole Street was already zoned CN-10 through the 1967 zone maps and was supported by the General Plan designation that depicts the subject property and surrounding area for Medium Density Urban (mdu) uses. A search for Beretania Properties, Inc. found no current ownership of the property, nor any interest in future development. The property was never developed as an apartment complex as originally proposed in 1981. Therefore, the deadlines associated with the conditions of approval of Ordinance 723 have long since lapsed and the prospect of developing the property for commercial uses is hampered until such time the zoning conditions of approval are amended by the Hawai`i County Council. The purpose of this request is to delete conditions of approval that were originally intended to specifically compel the original owner and applicant, Beretania Properties, Inc. to complete the development of the property for commercial uses. As Beretania Properties, Inc. was not able to proceed with the development of the subject property and is apparently no longer in existence as a company, the conditions of approval have not been satisfied and the ability of the current landowner to develop the property remain in limbo. The primary goal of this amendment is to promote the development of the entire 20,188 square foot property for commercial uses and to eliminate conflicting regulatory controls over portions of the same property; namely the Kino`ole Street-fronting portion that maintains a legacy CN-10 zoning designation and that is not encumbered by any conditions of approval. Granting of the amendment 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. 723 have not changed as approximately half of the subject parcel has a legacy CN-I0 zoning designation. 2- The current zoning (CN-I0) 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 relatedfunctions" The proposed future commercial development that the applicant has alluded to for this parcel will align with the existing commercial development located around the Kino`ole-Kawailani Street intersection that is designated as CN-10 and within the LUPAG medium-density urban zoning designation. The following list outlines the previous conditions of Ordinance 723 and the justification for the deletion of conditions: A. The petitioner, Beretania Properties, Inc. shall be responsible for complying with all of the stated conditions of approval. This condition places compliance on the previous owner, Beretania Properties, Inc. that no longer holds any interest in the subject parcel. As this business no longer exists, it would be impossible to hold them accountable for complying with conditions. B. Plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning Department for the proposed development within one (1) year from the effective date of the change of zone. The portion of the subject property that fronts Kino`ole Street retains its legacy CN-l0 zoning from 1967 and therefore maintains no conditions of approval. The Zoning Code requires Plan Approval be secured for any commercial use in the CN zoning district prior to its establishment, thus Plan Approval will be required for the entire property, even if this condition is deleted. C. Construction shall commence within one (I)year from the date of receipt of Final Plan Approval and be completed within two (2)years thereafter. With out an appropriate development design the applicant is unable to hold to these timing conditions. The mismatched zoning requirements for each half of the same parcel need to be resolved prior to planning development. Staff notes that Plan Approval, along with other construction related approvals will be required once the landowner moves to design the commercial development of 3- the project site. D. Access to the property shall meet with the approval of the Department of Public Works. This condition is redundant and will only be required on half of the subject parcel that is located away from the Kino`ole Street frontage. Additionally, requirements outlined in Chapter 22 of the Hawaii County Code(HCC),more specifically Section 22-4.8(a), states that"no county street shall be usedfor ingress or egress to a property without a properly located and constructed driveway approach". Staff also notes that the property to the north of the subject parcel retains a legacy CN-10 zoning designation without any conditions of approval. E. The proposed improvements shall be designed in keeping with the existing character of the immediate neighborhood. No specific design guidelines relating to the "character of the immediate neighborhood" have ever been established or even proposed. It would be difficult for the applicant to adhere to this condition without explicit guidance or design criteria. Additionally, no previous development has been required in this area to comply with these types of guidelines in the CN-10 zoned area. F. The General Plan density guidelines of a maximum of 24 percent ground cover and 28 percent paved parking area, and a minimum of 48 percent landscaping/open space shall be complied with. The listed criteria relating to development of the subject parcel are no longer in line with current standards and practice and no longer exist within the General Plan. Open Space is regulated by the zoning code through minimum yard setbacks and maximum height requirements. Additionally, minimum parking requirements are also regulated by the Zoning Code while landscaping requirements are administered via Planning Department Rule No. 17 (Landscaping). G. The sewage requirement of the appropriate governmental agencies shall be complied with. The subject parcel (and the surrounding area) is not serviced by a public sewer system. An individual wastewater treatment system (IWS) will be required, and approval of the design and construction shall be regulated by the State Department of Health through its Wastewater Systems 4_ rule(Hawai`i Administrative Rules (HAR), Title 11, Chapter 62). H. All water runoff generated by the proposed development shall be disposed of by a drainage system acceptable to the Department of Public Works. All stormwater runoff caused by the development of the subject parcel will be regulated by the County of Hawaii through Ch. 10, HCC (Erosion and Sedimentation) and in accordance with the Department of Public Works Storm Drainage Standards. If applicable, additional regulatory controls will come from the State Department of Health-Clean Water Branch via its National Pollutant Discharge Elimination System (NPDES) requirements and standards. I. All other applicable rules, regulations, and requirements be complied with. Should any of theforegoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated. Given that half of the subject parcels' CN-10 legacy zoning designation has existed for 53 years, the applicant believes that maintaining the CN-10 zoning for the remainder of the property covered by Ord. 723 is appropriate due to its consistency with the General Plan LUPAG map and the existing commercial land uses surrounding the subject parcel. To return half of the property to the original RS-10 zoning designation would ensure the commercial development is unable to proceed and would not align with the current uses and development of the area. Based on the preceding, the Director is recommending that the conditions of Ordinance No. 723 be deleted in order to bring clarity to the development of this site and to align with existing uses, zoning and General Plan ideals. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The current CN-10 zoning designation continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Medium Density Urban (mdu) designation, which allows for "Village and neighborhood commercial and single family and multiple family residential and related functions (multiplefamily residential-up to 35 units per acre." 5- The subject 20,188 square foot property is rectangular is shape and generally level with a slight incline to the west. It is currently vacant of any improvements and has been completely grubbed and graded with only grass planting and some trees along the property line to the south. The CN-10 zoning and proposed future commercial development is consistent with neighborhood commercial type zoning and uses in the surrounding area, which include the existing Kagimoto's Convenience Store to the south of the subject parcel, gas stations across the street and other commercial uses such as a restaurant which are similarly zoned CN-10. The applicant has stated that the development of a retail building on the subject site will be developed in accordance with the Zoning Code, including meeting the criteria that promotes expanded commercial services that meet the needs of the local population. Furthermore, the applicant will be required to develop the property in compliance with Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. According to the Department of Water Supply (DWS), county water is available to the site via a 6-inch waterline within Kino`ole Street and the Department has no objection to the proposed request, however, prior to granting water service the applicant shall comply with DWS conditions. DWS has requested that the applicant submit an updated set of water calculations prepared by a professional engineer licensed in the State of Hawaii for review and approval. Furthermore, the applicant will be required to install a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. Finally, DWS indicated that existing 6-inch waterline within Kino`ole Street is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS' Water System Standards. Additionally, the DWS recommends that the applicant contact the Fire Department to determine fire protection requirements and/or alternatives. By letter dated March 10, 2021, the applicant stated they will commit to working with the Fire Department during the design process to ensure that adequate fire protection measures are incorporated within the future design of the proposed retail facility to compensate for the lack of a fire hydrant in this area. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements 6- 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; 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 delete all conditions of Ordinance No. 723. In addition, the Planning Director reiterates that this unique rezone amendment request is not typical, and the specific merits of the request were evaluated to determine the best course of action to support consistent zoning while allowing for the applicant to thrive and succeed with a proposed retail/commercial facility within an appropriately zoned district. The accompanying draft bill to amend Ordinance No. 723 is provided for your consideration. Material to be deleted is bracketed and struck through. CKagimomAmrndREZ399.ar-my KELLY KAGIMOTO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 713 (REZ 399) AMENDED CONDITIONS OF APPROVAL all of the stated conditions of approval; (B) that plans shall be submitted and Final Plan thereafter; (D) that access to the property shall meet with the approval of the Department COUNTY OF HAWAII 01:4"F .: STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 81 723 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2- 041:PORTION OF 75. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 81 723 is amended as follows: SECTION 2. [Section 7.29, Article 2, Chapter 8 (Zoning Code), of the Hawaii County with Section 25-8-33, Hawai`i County Code 1983 (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 B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS 1- 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 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 ofthis 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: 2- Jaa e.e Nehe 'SMT i[` {' s;'&' y S fa kaa j 1 "I: a d se 1 f 0A " I Li_ KINOOLE STREET YSW tSLE - 131A1?-ti-T• a x0, 1; 1-2,11t- '4 1 i MIASt9EM'riAL '1431P'e.1 rt'4ef€. e,_ F: TO NEESn8ORHtOC lig r t r ) COMt.{ RCVAl SHHOF s, YArtsau 43.ESE SSST, 1, a t r I ce I i KiLAU@A A/ENUE y 1 t I 1 IJ I ow ETPEET AMttcryiENT TC3 The Z4:N:Nta CODE AMENDMENT N0 34 TO SECTION 7.3E (THE C1TY Or Ha.e ZONE MAP) ARTICLE 'a. CHAPTER a (ZONIHS CODE) OR THE HAY1Ai1 COUNT? 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