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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (REZ 21-000245)RW agnerlboshiREZ.tic.5.6 21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21-000245) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from a Single -Family Residential 10,000 square feet (RS -10) to General Commercial — 7,500 square feet (CG -7.5) zoning district for 19,295 square feet of land. The existing dwelling that is located on the subject property is currently being leased to the State of Hawaii Judiciary Branch for general office use, which includes the Child Advocacy Program and its related activities. The State of Hawaii has been leasing the subject property for its Child Advocacy Program general office uses and related activities since June 14, 1990. The applicant's recent rental agreement with the State of Hawaii is set to expire either on March 31, 2024 or within 120 days by written notice by either the tenant or landlord. The applicants are requesting to change the zoning to CG -7.5 in order to formalize the existing commercial use of the property as general office space for the landowner's lessee, the State of Hawaii and to allow for additional future land uses that are permitted in the CG District. Such change of zone will allow the landowners to continue the commercial use by future lessees and users as well as expand the pool of such users, should the current lease terminate thus providing greater commercial options to the surrounding community including the continued uses as general office space, as well as for potential use as a medical clinic. 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 an RS -10 to a CG -7.5 zoning district conforms to applicable goals, policies and standards of the General Plan and the Hilo Community Development Plan (CDP). 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 proposed CG -7.5 zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property as High Density Urban HDU). Such designation allows general commercial, multiple family residential and related services (multiple family residential- up to 87 units per acre). In addition, the proposed CG -7.5 zoning is consistent with the following Land Use goals, policies, and standards of the General Plan: 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. Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. Preference shall be given to commercial lands with a reasonably level topography. The subject property is located at the southwest comer of the Kino`ole Street and Lono Street intersection. The property is rectangular in shape with about 228 feet of frontage along Lono Street and 82 feet of frontage along Kino`ole Street. The topography is fairly level. According to tax records there is an existing single family dwelling and detached garage on the site that was constructed in 1925. Since 1990 the subject property has been used as office space for the site of the State of Hawaii Judiciary Branch's Children Advocacy Program and the Planning Department issued a zoning determination letter with conditions on May 10, 1990 to allow for the office use within the single family dwelling with conditions. The property is surrounded by a mix of commercial and residential uses. To the west, across Lono Street, there is a medical office that is zoned Neighborhood Commercial (CN -10). To the north, across the Lono Street and Kino`ole Street intersection is a Credit Union on land zoned CG -20. Directly east, on land zoned CG -10 is a vacant lot. There are also some scattered single-family residences along Kino`ole Street. Located mauka from the subject property and directly behind is land zoned RS -10 and is used by the State of Hawaii for housing. The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, connection to the County sewer system, sidewalk improvements along Kino`ole Street, and electrical service. Thus, the applicant's request is consistent with surrounding land uses and zoning and the goals, policies and standards of the General Plan. All essential utilities and services are available to the site. According to the Department of Water Supply (DWS), the subject property is serviced by an existing 5/8 - inch meter, which is limited to an average daily usage of 400 gallons. The current meter is sufficient for the existing office use. County water is provided from an existing 8 -inch waterline within Kino`ole Street which fronts the subject parcel. The 8 -inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. The Department of Water Supply (DWS) requested that the applicants provide estimated maximum daily water usage calculations for the proposed commercial land use. Once the calculations are submitted, DWS will determine the appropriate water commitment deposit, prevailing facilities charge, and appropriate service lateral meter size required. Lastly, DWS will require the installation of a reduced pressure type backflow prevention assembly within five (5) feet of the meter on the subject property. As there is an existing office use permitted by a 1990 Planning Department Zoning determination (State of Hawaii Child's Advocacy Program) that remains in effect as long as the Child's Advocacy Program remains the tenant, the Planning Director is recommending that the existing office use permitted under this determination be allowed to continue without the applicant being required to provide updated water calculations and any associated water system improvements as may be required by the DWS. Instead, the Planning Director is recommending that the water calculations and any associated water system improvements be triggered by a change in tenancy for future office uses or in the event that a different land use permitted in the CG zoning is established on the subject property. Based on the proposed commercial zoning, the Department of Public Works DPW) recommends that the applicant provide improvements to the subject property's entire Kino`ole Streets frontage consisting of a "full width" concrete sidewalk of ten (10) foot width meeting the requirement of the Americans with Disabilities Act and the approval of DPW. Similar to the water calculation determination above, the Planning Director is recommending a condition requiring the requested sidewalk improvements upon a change in tenancy for future office uses or in the event that a different land use permitted in the CG zoning is established on the subject property. The proposed change of zone is not anticipated to generate over fifty trips. The anticipated number of future traffic to the property would not vary from the current use which has five (5) employees who work at the subject property daily with approximately four to six (4-6) clients at one time who visit the subject property five to six (5-6) times per month. Based on the preceding there are no traffic recommendations being made at this time. However, the Director is recommending adding a condition to require a Traffic Impact Analysis Report (TIAR) should the applicants or their successors develop a use that would exceed 50 peak hour trips in the future. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The property is located in flood zone "X" which is an area determined by FEMA to be outside the 500-year flood plain. DPW requires that all development generated runoff be disposed of on-site and not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing, will need to conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The preceding will be added as condtions of approval. According to the applicant, the subject property is currently connected to a cesspool. The subject property is accessible to the County sewer. The Department of Environmental Management (DEM) has indicated that any existing or new structure is required to connect to the public sewer within 180 days in accordance with Section 21-5 Sewers) of the County Code. In addition, the Director of DEM may require the applicant to conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Finally, the applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. The preceding will be added as conditions of approval. There are no municipal waste collection services in the County. According to the application, solid waste will be disposed of the refuse at the county landfill in Hilo and eventually to the West Hawaii Sanitary Landfill. Electrical and telephone services are available to the property. Police and fire services and medical services are available nearby in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over one and a half (1.5) miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 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: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, the site has been used as a dwelling since its construction in 1925. The valued cultural, historical, and natural resources found in the rezoning area: 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. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: The subject property has been covered by development (single -family dwelling and related improvements) since 1925 and includes a large grassy lawn and landscaping and thus it is highly unlikely that the parcel contains threatened or endangered valued resources. Feasible actions to protect native Hawaiian rights: A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. 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 permit, 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) to a General Commercial-7,500 square feet (CG-7.5) 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 Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS -10) TO GENERAL COMMERCIAL -7,500 SQUARE FEET (CG -7.5) AT WAIAKEA, SOUTH HILO, HAWAII. COVERED BY TAX MAP KEY: 2-2-024:022. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (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 Waiakea, South Hilo, Hawaii, shall be General Commercial — 7,500 square feet (CG -7.5): Beginning at a railroad spike found at the north comer of this parcel of land, being a point on the southeast line of Lono Street, the coordinates of said Point of Beginning referred to Government Survey Triangulation Station, "HALAL" being 3,241.46 feet south and 6,393.73 feet east and running by azimuths measured clockwise from True South: Along Lot 8-A as shown on the public works subdivision approved Oct. 5, 1971 by HCPD as SUB 3038h, on a curve to the right having a radius of 20 ft., the direct chord azimuth and distance being: 2831 10' 00" 28.28 ft. to a spike found, thence: 2. 328° 10' 00" 62.70 ft. along Kino`ole Street, 60 ft. wide, to a nail found at the north corner of Lot 7, thence; 3. 58° 10' 00" 237.00 ft. along Lot 7, Grant 9278 to Mrs. Eugina I. Lau to a 1/2" pipe found at the east side of abandoned railroad right-of-way, thence; 5. 148° 10' 00" 2.42 ft. along abandoned railroad right-of- way to a 1/2" pipe found, thence; along same on a curve to the right having a radius of 395.28 ft., the direct chord azimuth and distance being; 154° 01' 30" 80.70 ft. to a 1/2" pipe found, thence; 6. 238° 10' 00" 208.76 ft. along Lone Street to the Point of Beginning and enclosing an area of 19.295 sq. ft., more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. 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 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 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 of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: C WagnerlboshiREZIlc 5.5 21 JOHN A WAGNER AND CHARLENE Y IBOSHI CHANGE OF ZONE APPLICATION (REZ 21-000245) CONDITIONS OF APPROVAL A. The applicant(s), its successor(s) or assign(s) shall be responsible for complying with all of the stated conditions of approval. B. Plan approval shall be required prior to change in tenancy for the existing office use, establishment of a new land use permitted within the CG zoning district, or any addition to an existing structure or development according to Section 25-2-71(a) of the Zoning Code. A drainage study shall be prepared by professional civil engineer licensed in the State of Hawaii and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy for the new use. C. Prior to the establishment of a new land use permitted in the CG zoning district, the applicants shall submit anticipated maximum daily water usage calculations, as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the Department of Water Supply in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are responsible for maintaining valid water commitments until such time that required water facilities charges are paid in full. D. The applicants shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. E. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. F. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. G. Prior to the change in tenancy for the existing office use or establishment of a new land use permitted in the CG zoning district, the applicants, successors, or assigns shall provide improvements to the subject property's entire Kino`ole Street frontages consisting of a "full width" concrete sidewalk of 10 -foot width meeting with the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. H. Construction within the County right-of-way shall comply with Hawaii County Code, Chapter 22, County Streets. Should the applicants, successors, or assigns develop a land use 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 applicants shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Lono Street and Kino`ole Street that may be deemed necessary by the Department of Public Works. 3. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawaii County Code within 180 days of the effective date of this ordinance. If required by the Director of the Department of Environmental Management, the applicants shall conduct a sewer study prior to connection to the County sewer system. The applicants shall provide sewer line or other facility improvements as the Director of Environmental Management may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. K. In the 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, the applicants shall 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. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development 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 or Final Subdivision Approval, whichever is applicable, and shall be based on the actual number of additional residential units or lots created. 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 combined value of $9,662.28 per multiple family residential unit or lot ($15,057.57 per single family residential unit or lot). The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit or lot (single family residential unit or lot) shall be allocated as follows: 1. $4,766.13 per multiple family residential unit or lot ($7,261.03 per single family residential unit or lot) to the County to support park and recreational improvements and facilities; 2. $150.63 per multiple family residential unit or lot ($350.27 per single family residential unit or lot) to the County to support police facilities; 3. $ 463.37 per multiple family residential unit or lot ($691.83 per single family residential unit or lot) to the County to support fire facilities; 4. $206.52 per multiple family residential unit or lot ($302.89 per single family residential unit or lot) to the County to support solid waste facilities; and 5. $4,075.63 per multiple family residential unit or lot ($6,451.55 per single family residential unit or lot) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants 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. M. 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. N. The applicants, their successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including but not limited to the Fire Department, Department of Public Works, Department of Water Supply and Department of Health. O. An initial extension of time for the performance of conditions within the ordinance (except for Condition K) 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 foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (Le., a condition to be performed within one year may be extended for up to one additional year). 5. 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. Due to requirements in Hawaii County Code Chapter 21-County Sewers, the timing requirement for connection to the county sewer (Condition K) is not eligible for an administrative time extension. P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. TMN. Rs R5-10 C6-20 RS -10 10 ,5 - CG 10CG -20 N e Ne 75 RD -3.75 5CLt CG -20 OHO CG -7.5 R5-10 CG-• CN -10 3.24146'3 SINGLE FAMILY RESIDENOAL • 10.000 SQUARE FEET(RS-101 TO 6J9J.]]'E XALA GENERAL COMMERCIAL -],500SQUARE FEET 100251 19,295 SQUARE FEET CG -10 I CG -20 10 00 1111111111. R5-10 clT P11° s- F C \, PN\ IPJ RM -9 92 0.5-10 SfPmFs i0 R5-10 R5-10CN -20 1 AMENDMENT Feet 0 300 600 900 1,200 TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO GENERAL COMMERCIAL - 7,500 SQUARE FEET (CG -7.5) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: G)az-o2aozz COUNTY OF HAWAII, PLANNING DEPARTMENT DATE April 4, 2021 EXHIBIT "A" Wegner/Iboshi Map 1421