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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (AMEND REZ-11-146) RTakataREZAmend.crk.9.1521 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TAKATA DENTAL HEALTH CENTER,INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 33 (REZ 11-000146) Upon careful review of the request to amend conditions of Change of Zone Ordinance No. 12 33, the Planning Director recommends that a favorable recommendation for the request be forwarded to the County Council. 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 is requesting a five (5)-year time extension,with the opportunity for an additional administrative time extension,to comply with Condition B (time to complete construction). Alternatively, the applicant would accept an amendment to allow five (5)years to commence construction and ten (10)-years to complete construction without the option of an administrative time extension. The deadline to comply with Condition B is March 6, 2022. Additionally,the applicant is requesting a 180-day time extension to comply with Condition C (water commitment). The deadline to comply with Condition C lapsed on September 6, 2012. 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. According to the applicant, after the requested rezone was approved in 2012, the applicant had planned to relocate its existing dental practice to the subject parcel. In furtherance of this goal,the applicant secured Final Plan Approval for a dental office on May 29, 2015 and an existing dwelling located on the subject parcel was demolished to make room for the project in July 2015. Following approval of a five-year administrative time extension on October 25, 2016,the applicant experienced significant setbacks. According to the applicant, one of the project's principals (a retired dentist)became ill and was unable to personally oversee the financing and development of the project. In addition, the project's architect unexpectedly passed away at the end of 2019. The other principal on the project did not have time to focus on completing the project, given the demanding schedule of his existing dental practice. As such, the applicant is seeking additional time to complete the dental office development or a project that is consistent with the RCX zoning. Furthermore,the applicant and its architect mistakenly believed that since a water calculation use study is more appropriate when the uses are specifically identified via approved plans, it overlooked this requirement. Accordingly, the applicant is requesting an additional 180 days within which time to submit the study and make the required water commitment deposit. Granting of the amendments would not be contrary to the original reasons for granting the change of zone under Ordinance No. 12 33, which have not changed. The site is served or can be served by appropriate infrastructure to support RCX zoning such as water,wastewater, access, and essential utilities. According to the Department of Water Supply (DWS), County water is available to the parcel and the existing service should be adequate to support the proposed demand for the dental office project and the existing 10-inch waterline is capable of providing adequate water flow for fire protection for the requested zoning district. Based on this preceding determination, the applicant believes that the requested time extension to Condition C (water commitment) is now moot and would agree to withdraw the request if the Department determined that the condition was fulfilled. While there may be sufficient water available for the dental office use,the applicant or any successor could develop any use that is permitted in the RCX zoned district. Therefore, the Director is recommending a modified condition requiring the applicant to conduct water calculations and remit a water commitment fee should they develop a use other than the proposed dental office. The Department of Environmental Management provided advisory information on possible sewer connection requirements (dry sewer laterals) and compliance with future federal, state, and county regulations related to discharge of pollutants within publicly owned treatment works (dental wastewater discharge related to mercury from filling -2- amalgam), should the County sewer be extended within Kilauea Avenue fronting the property prior to construction of a permitted use on the subject property. For this reason, the Director found it prudent to expand the wastewater condition to include DEM requirements if applicable at the time a building permit is granted. There are no irresolvable 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 shall be disposed of on site and shall not be directed toward any adjacent properties. 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 RCX-20 zoning continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG)map Medium Density Urban (mdu) designation, which allows for a"Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential-- up to 35 units per acre)." The subject, one (I)-acre property is rectangular in shape and is currently vacant of any improvements as it has been cleared to accommodate the proposed use. The RCX zoning and proposed project development is consistent with mixed residential - commercial type zoning and uses in the surrounding area, which include single and multiple-family residential zoning and uses as well as commercial zoning within close proximity consisting of a gas station. The proposed dental office building or any other use permitted in the RCX zoned district will be developed in accordance with the Zoning Code. Furthermore,the applicant will be required to develop the property in compliance with a Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. The proposed dental office building facility will not generate the 50 or more peak hour vehicle trips that would require a Traffic Impact Analysis Report(TIAR); however, Condition E of the subject ordinance would require a TIAR if the applicant developed a -3- different use permitted in the RCX zoning district that would generate 50 or more peak hour trips. 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. 12 33 to allow a five (5)-year time extension to Condition B (time to complete construction)with the possibility of an administrative time extension and a modified amendment to Condition C (water commitment) as described above. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and to remove conditions that have been implemented. The accompanying draft bill to amend Ordinance No. 12 33 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -4- JNSY OF hljy COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PIANN/NG DEPT.) AN ORDINANCE AMENDING ORDINANCE NO. 12 33 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED—20,000 SQUARE FEET (RCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:028. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 12 33 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [{ � 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. -1- 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 Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -2- C TakataREZAmend.crk.9.15.21 TAKATA DENTAL HEALTH CENTER, INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 33 (REZ 11-146) AMENDED CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development, as substantially represented by the aplicant or as permitted by the zoning district classification, shall be completed within five (5) years from the effective date of this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. C. [ Should the applicant, successors or assigns develop a use other than the proposed dental office use, the applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the Department of Water Supply. If required, a water commitment deposit shall be paid prior to receipt of Final Plan Approval for the proposed use in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. D. The applicant 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. Installation of the backflow prevention assembly and relocation and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip along Kilauea Avenue. E. Should the applicant, 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 applicant shall implement,when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Kilauea Avenue that may be deemed necessary by the Department of Public Works. F. To provide for future road widening improvements, a ten (10) foot wide future road widening strip along the property's Kilauea Avenue frontage shall be delineated on the plans submitted for Plan Approval review and dedicated, at no cost to the County,upon its request. G. Prior to issuance of a Certificate of Occupancy for any commercial use on the property, the applicant shall provide improvements to the property's frontage along Kilauea Avenue consisting of, but not limited to,reconstruction of the existing concrete curb and sidewalk(from curb face to property line) and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and standards of the Department of Public Works. H. Driveway connection(s)to [t+e] Kilauea Avenue shall conform to Chapter 22, Counly Streets [ ], of the Hawaii County Code. L The method of sewage disposal shall meet with the requirements of the State Department of Health and/or the County Department of Environmental Management, if applicable. J. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. K. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. L. [ > -2- (PI=NR S14PP) shall be immedia4ely notified. S4se"eiit work shall pr-eeeed"eii a* meastir-es ha ,e boor tak ] 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. M. If the applicant, successors, or assigns develop residential units on the subject property, the applicant, successors or assigns 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. The fair share contribution for each lot shall be based on the actual number of residential units 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[$7�5] $9,662.28 per multiple family residential unit([$12,�4T] ($15,057.57 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential units) shall be allocated as follows: I. [$3,898. ] $4,766.13 per multiple family residential unit([$5,°�z] $7,261.03 per single family residential unit)to the County to support park and recreational improvements and facilities; -3- 2. [$123.21] $150.63 per multiple family residential unit([$2861 $350.27 per single family residential unit)to the County to support police facilities; 3. [$379.01-1 $463.37 per multiple family residential unit([$565.891 $691.83 per single family residential unit)to the County to support fire facilities; 4. [$168.9 ] $206.52 per multiple family residential unit([$247.751 $302.89 per single family residential unit)to the County to support solid waste facilities; and 5. [$3�9] $4,075.63 per multiple family residential unit([Q5�0] $6,451.55 per single family residential unit)to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the applicant, successors or assigns 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. N. 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. O. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws,rules,regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance 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 applicant, 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 (i.e., a condition to be performed -4- 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. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- Comm. 525/Bill 167 R5- RS-10 R5-10 x,04' -10 85-10 GN-10 R -10 R 10 5-10 R 10 -1 R -10 R5. SINGLE-FAWLY REEtDENT1AL- 10.000 SOFTIRS•10) TO RESMENTWAOUSERC" MIXED.20,0001RCX•20) TOTALAREAIACRE 10 51"s 8.229,6'E 'H�LAT -10 85-10 RM-4 "fes' 0 IPA 1;61 R - 9_ R 10 R5 10 fV R5-10 85-10 R5- � Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL- 10,000 SOFT(RS-10)TO RESIDENTIAL-COMMERCIAL MIXED -20,000 SOFT(RCX-20), AT WAIAKEA,SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:)3)2-2.038:028 DATE.SEP 27,2011 EXHIBIT°A° Te1te1" He"nh cane"'"m MSO 1317