HomeMy WebLinkAboutPD RECOMMENDATION REPORT (REZ 705)RCorreaAmendREZ705jma-05-05-21
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KRISTILEE & HENRY J. CORREA JR. TRUST
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 13 98 (REZ NO. 705)
Upon review of the request, the Planning Director recommends that a favorable
recommendation to amend Condition C (time to secure final subdivision approval) of Change
of Zone Ordinance No. 13 98 be forwarded to the County Council. Condition K (deadline for
fair share payment) was previously amended to require fair share to be due and payable prior to
Final Subdivision Approval. Since this recommendation is made without the benefit of public
testimony, the 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 applicant, (formerly Puluwai, LLC), is requesting a seven (7) -year time
extension to comply with Condition C (time to secure final subdivision approval) which
states "Final Subdivision Approval of the proposed subdivision development shall be
secured within seven (7) years from the effective date of this amendment." Additionally,
the applicant is requesting a seven (7) year time extension to comply with Condition K
deadline for fair share payment) the relevant portion of which states "The applicant shall
make its 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 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." The deadline to comply
with these conditions was October 9, 2020, pursuant to Ordinance No. 13 98 which
amended Ordinance No. 05 110 which amended Ordinance No. 92-7, which changed the
district classification from Agricultural 3 -acres (A -3a) to Single -Family Residential
10,000 square feet (RS -10) to allow the subdivision of the property into twenty-one
approximately 10,000-square foot Tots.
The amendment request is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and that
are not the result of their fault or negligence. According to the applicant, the subject
property was purchased as a partnership in 2008. With the downturn of the economy,
one of the partners was unable to continue and withdrew from the partnership. The
applicant bought out that portion of the property. In 2012, the other partner was forced to
withdraw from the partnership. Again, the applicant bought out the other portion of the
property. With the partnership dissolved, the subject parcel was put solely in the Correa
Trust. After resolving the partnership issues and granted a time extension, the applicant
began making improvements to the property. However, according to the applicant, they
had already started other projects with time requirements mandated by financial
institutions involved in funding those projects, making it difficult to continue progress on
conditions for the subject proposal. These unforeseen issues have caused delays that
have prevented the applicant from finishing the project by the deadline for compliance
with Condition C and Condition K.
Based on the reasons provided, it is determined that the applicant could not have
foreseen the poor economy and partnership pressures, which was beyond their control,
and was not the result of their fault or negligence.
Approval of this time extension request would not be contrary to the General
Plan, the Zoning Code, or the original reasons for the granting of the Change of
Zone. There have not been any significant changes to the General Plan for this area since
this request was originally approved that would affect this project. The request continues
to be consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG)
Map, which designate this area as Low Density Urban. These areas include residential,
with ancillary community and public uses, and neighborhood and convenience-type
commercial uses; overall residential density may be up to six units per acre. Additionally,
the use continues to be consistent with the Land Use element of the General Plan.
The requested Single -Family Residential zoning would continue to be consistent
and compatible with the transition of this particular section of the Waiakea area into
residential uses. This area consists mainly of residential subdivisions. To the west is the
Kula Ridge Residential Subdivision consisting of lots zoned RS -15, to the east is the
Komohana Estates Subdivision consisting of lots zoned RS -15 and to the south across
West Kawailani Street is the Ku'ulei Subdivision consisting of lots zoned RS -10, as well
as other residential subdivisions. A letter of opposition from a neighbor to the north of the
property, dated March 15, 2021, raises concerns with the adjacency of the proposed
residential subdivision to existing lands zoned Agricultural. This area of Hilo has been in
transition from older Agricultural lands to new residential subdivisions, and the subject
project is in accordance with this.
The request is not contrary to Zoning Code and is not contrary to the original
reasons for granting the change of zone. The property is located within an area
adequately served with essential services and facilities such as water, transportation
systems and other utilities. Access to the property will be from an adjacent 50 -foot
roadway lot that runs along the westem boundary, which connects to West Kawailani
Street. Condition D of Change of Zone Ordinance No. 05-110 requires that interior
subdivision roads be provided with curbs, gutters and sidewalks meeting with the
approval of the Department of Public Works. Additionally, Condition F requires a
10 -foot wide road widening strip along the Kawailani Street frontage of the property.
Lastly, a condition of tentative approval for SUB 92-000010 requires an additional
10 -foot wide "no vehicular access" planting screen easement along with the 10 -foot wide
road widening strip, which runs along the Kawailani Street frontage of the property. The
Department of Environmental Management is recommending installation of a dry sewer
and onsite treatment system for the proposed subdivision or connection of the subdivision
to the public sewer once it becomes available, in accordance with Section 21-5 of the
Sewer Code. The nearest County sewer line is located over a mile from the subject
property and there are no projects planned in the foreseeable future to extend the County
sewer to the property. Historically, the Department of Health has allowed individual
wastewater systems to be installed on properties where a public sewer is not available. A
policy shift to require dry sewers for all new subdivisions should be applied universally
rather than on a piecemeal basis through rezone ordinances. Additionally, this new
requirement would add significant cost and reduce affordability of new homes during a
time when Hawaii County is trying to improve home affordability for its residents. For
these reasons, the Planning Director does not support implementing DEM's
recommendation for this rezone amendment and instead supports installation of
individual wastewater systems to service the proposed subdivision.
Based on the above discussion, the granting of the amendment request continues
to be consistent with, and not contrary to, the General Plan, Zoning Code, and the
original reasons for granting the change of zone.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable govemmental 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 above findings, it is recommended that a favorable recommendation
of the applicant's request to amend Change of Zone Ordinance 13 98, along with other
housekeeping amendments, be forwarded to the Hawaii County Council.
The accompanying draft bill reflecting an amendment to conditions of Ordinance
No. 13 98 is provided for your favorable consideration. (Material to be deleted is
bracketed and struck through and material to be added is underlined).
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO. FLARMINIG PePPYRTMEktr
AN ORDINANCE AMENDING ORDINANCE NO. 13 98 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL -3 ACRES (A -3a) TO SINGLE FAMILY RESIDENTIAL — 10,000
SQUARE FEET (RS -10) AT WAIAKEA, SOUTH HILO, HAWAT`I, COVERED BY TAX
MAP KEY: 2-4-003:POR. 021.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No13 98 is amended as follows:
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2895
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
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.
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:
RWPARCO Sy = PLANNF1*R4 0
COUNTY, 'oM°
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1CRISTILEE & HENRY CORREA JR. TRUST
FOR REFERENCE ONLY REZ 705 (90-000044) (Amendment to Ordinance
No. 05 110 which amended Ordinance No. 92 71
i CCorrea-AmendREZ7Q5.jma-05-2\-21
KRISTILEE & HENRY J. CORREA JR. TRUST
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 13 98 (REZ NO. 705)
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 fide
C. Final Subdivision Approval of the proposed subdivision development shall be
secured within seven (7) years from the effective date of this [amendment]
amended ordinance;
D. Access to the proposed lots shall meet with the approval of the Department of
Public Works. All driveway connections to Kawailani Street shall conform to
Chapter 22, [Streetmand-Sridewallm] County Streets of the Hawaii County Code.
Interior subdivision roads shall be provided with curbs, gutters, and sidewalks
meeting the approval of the Department of Public Works;
E. Underground utilities shall be constructed;
F. A 10 -foot wide road widening strip along the Kawailani Street frontage of the
property shall be set aside and delineated on the subdivision plans. All structural
setbacks shall be taken from this future road widening line;
G. A drainage study of the property, if required, shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works prior to issuance of a
construction permit. Drainage improvements, if required, shall be constructed,
meeting with the approval of the Department of Public Works prior to Final
Subdivision Approval.
H. The method of sewage disposal shall meet with the [approval] requirements of the
appropriate government agencie4 State Department of Health;
I. All development -generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties;
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 applicant 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.
K. [
faeilities;
301.32 per single family residential unit for tho nineteen (19) single
601.06 per single family residential unit for the nineteen (19)single
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 Subdivision Approval and shall
be based on the actual number of additional residential 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 $15 057.57 per single-family
residential 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 single-family residential lot shall be
allocated as follows:
1. $7,261.03 per single-family residential lot to the County to support park
and recreational improvements and facilities:
2. $350.27 per single-family residential lot to the County to support police
facilities;
3. $691.83 per single-family residential lot to the County to support fire
facilities;
4. $302.89 per single-family residential lot to the County to support solid
waste facilities; and
5. $6,451.55 per single-family residential lot 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;
L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance;
M. 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
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requirement shall be approved by the [County Housing Agency} Administrator of
the Office of Housing and Community Development prior to final subdivision
approval;
N. Restrictive covenants in the deeds of all residential zoned lots shall prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owner of the property may also, in addition, impose private
covenants restricting the number of dwellings. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Department for review and approval prior to the
issuance of final subdivision approval. A copy of the recorded covenant shall be
filed with the Planning Department upon its receipt from the Bureau of
Conveyances;
O. There shall be no construction of single-family dwellings and related
improvements, other substantial buildings, or subdivision roads within areas
designated ["AE" ,] "AH"[ or "shaded" Zone "X"] by the Flood Insurance Rate
Maps (FIRM) [----
Restrictive covenants in the deeds of all lots shall give notice of the terms
of this rezoning condition. No residential lots may be created which lack a
buildable area. This restriction may be removed by amendment of this ordinance
by the County Council. 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
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances;
P. Should any infrastructure improvements related to the Kawailani/Komohana
Streets intersection be required of future developers, the applicants, successors or
assigns of this project shall work with the Planning Department to pay for their
pro rata share of improvements. The pro rata share determination and its
implementation shall be approved by the Planning Department in consultation
with the Department of Public Works or any County agency having jurisdiction
over any future infrastructure improvements;
L](Z. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements;
R. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the amendment to the ordinance. The
report shall include, but not be limited to, the status of the development and the
extent to which the conditions of approval are being satisfied. This condition
shall remain in effect until all of the conditions of approval have been complied
with and the Planning Director acknowledges that further reports are not required;
and
T7]S. 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.
T. 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.