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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). 4- 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° i;?N 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 4- 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.