Loading...
HomeMy WebLinkAboutPD RECOMMENDATION REPORT (AMEND REZ-11-136__PL-REZ-2021-002) REosterREZAmend.EC.92721 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CYNTHIA FOSTER AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 1173 (REZ 11-000136) Upon careful review of the request to amend conditions of Change of Zone Ordinance No. 11 73, 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 to comply with Condition C, which states "Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. "By Planning Department letter dated February 25, 2019, the applicant was granted a five (5)year administrative time extension that expired on September 1, 2021. As the applicant was unable to successfully obtain Final Subdivision Approval by this deadline, she is now requesting an additional five (5)year time extension to subdivide the 17.88-acre lot into three (3), 5+ acre lots. Once the subdivision is finalized,the applicant intends to retain two of the lots for her family, while selling the third lot to help offset subdivision costs. 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, concerted efforts were made to obtain Final Subdivision Approval prior to the administrative time extension deadline of September 1, 2021, but was unable to do so for the following reasons: ■ According to the applicant much of the actual subdivision process was deferred to a family member who has a thriving coffee farm in Kona, and thus preoccupied much of their time resulting in some delay in the process. ■ The initial surveyor hired for the project suddenly moved out-of-state, forcing the applicant to find another surveyor to complete the task. Finding another surveyor during the pandemic,which started in late 2019 proved difficult. Despite the preceding listed difficulties,the applicant was able to retain the services of Wes Thomas Associates who have been working to complete the subdivision and other conditions of approval of the subject ordinance, including engineering and design work for the required driveway improvements and water meter installation. Moreover, the project was granted Tentative Subdivision Approval on November 27, 2020, and the applicant has secured the necessary water commitments for the project through January 31, 2022. Plans are still under development and the applicant intends to submit them for County review and approval soon. Finally,the applicant anticipates completion of all the requirements to comply with this condition by the end of 2022,thus the applicant is requesting a five (5)year time extension to Condition C. Granting of the amendments would not be contrary to the original reasons for granting the change of zone under Ordinance No. 1173, which have not changed. The site is served or can be served by appropriate infrastructure to support A-5a zoning such as water,wastewater, access, and essential utilities. According to the Department of Water Supply (DWS),water can be made available from an existing 6-inch waterline within Mamalahoa Highway fronting the subject parcel and the applicant will be required to construct water system improvements meeting with the requirements of DWS as part of the subdivision process. As the applicant has successfully secured the water commitments for the project, the Director recommends amending condition B to require the applicant to maintain those water commitments until the required water facilities charges are paid in full. Proposed access to the subdivision will conform with conditions of the subject ordinance and Tentative Subdivision Approval which limit direct driveway access to the highway to only one (1) lot,with the other two lots being serviced by a subdivision access road meeting with the requirements of the Subdivision Code. As there is no municipal sewer system in the area, wastewater disposal will be handled via individual wastewater systems meeting the requirements of the State -2- Department of Health and solid waste will be disposed of by lot owners at an approved transfer station or landfill. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. The majority of the subject property is situated within Zone "X",which is an area of minimal flood hazard and smaller portions of the remainder of the property are situated within Zones AO,AE, AEF, and XS and may include other watercourses or drainageways. Conditions of the Tentative Subdivision Approval require the applicant to identify areas of the property located within the other flood designations, other watercourses and drainageways and prescribes requirements for any construction in those areas. Due to the numerous flood zones and water courses on the property, a condition is recommended requiring the applicant comply with the County Floodplain Management Code. Furthermore, the applicant will be required to prepare and submit a drainage study including proposed on-site drainage improvements to the Department of Public Works. The applicant is required to ensure that all development-related runoff shall be disposed of on site and shall not be directed toward any adjacent properties and that all earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. As the current administration is exploring options and opportunities to increase housing, including affordable housing, on the island, the Director is recommending the deletion of Condition G,which has been a standard condition that prohibits second dwellings (e.g. `Ohana Dwellings or Additional Farm Dwellings)in rezoning ordinances. This will allow for these landowners to have the same housing options that are already available to landowners with existing zoning and may increase the available housing stock on the island. Please note, any additional farm dwellings on the proposed lots will be required to meet Zoning Code and Planning Department Rule requirements for Additional Farm Dwellings. 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 A-5a zoning continues to be -3- consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Extensive Agriculture (EA)/Important Agricultural Lands (IAL) designations. The subject, 17.88-acre property is irregular in shape and is currently improved with a 1,974 square foot, three (3)bedroom single-family dwelling. The A-5a zoning and proposed 3-lot subdivision is consistent with mixed agricultural type zoning in the surrounding area,which includes (A-la), (A-5a), and(A-40a) zoning and consists of agricultural as well as residential type uses. Any permitted use allowed in the A-5a zoned district that is developed on the subject property shall be developed in accordance with the Zoning Code. Furthermore, the applicant will be required to develop the property in compliance with the Final Subdivision Approval,which will ensure appropriate access, drainage and utility requirements will be met. 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. 1173 to allow a five (5)-year time extension to Condition C (time to secure Final Subdivision Approval) 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. -4- The accompanying draft bill to amend Ordinance No. 1173 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. -5- 4�M�V`OF h{`�pi COUNTY OF HAWAII +_ STATE OF HAWAII ri�•oF•rr.M� BILL NO. ORDINANCE NO. (PLANNING DEPT.) AN ORDINANCE AMENDING ORDINANCE NO. 1173 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a)AT PU`UKAPU, SOUTH KOHALA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:042. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. Section 2 of Ordinance No. 1173 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2005 Editiaii)] (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 3. Material to be deleted is bracketed and stricken. New material is underscored. -1- SECTION 4. 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 5. 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: -2- CYNTHIA FOSTER AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 11 73 (REZ 11-136) AMENDED CONDITIONS OF APPROVAL A. The applicant,successors, or assigns ("Applicant")shall be responsible for complying with all of the stated conditions of approval. B. [ ] 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. C. Final subdivision approval shall be secured within five (5)years from the effective date of this amended ordinance. D. The driveway connection to the Mamalahoa Highway shall conform to Chapter 22, Counly Streets, of the Hawai`i County Code. No more than one lot will be permitted to have a driveway taking direct access from the Mamalahoa Highway. All other proposed lots shall be provided with access via a subdivision roadway that meets the minimum requirements of Chapter 23, Subdivisions, Hawaii County Code and constructed in a manner meeting with the approval of the Department of Public Works. E. The [appliean-QApplicant shall provide a 15-foot-wide future road widening setback along the entire property frontage of Mamalahoa Highway. F. The [applieai+t4Applicant shall provide a 50-foot-wide roadway and utility easement for the future extension of Hauhoa Street to the western boundary of the property (adjoining TMK: 6-4-017:43). G. [Rest+ietive eaveiia+its iii�he deeds af all �he pr-apased lets shall give iielke Oh-4�he tefmss eeiidefniiiitifn pr-eP"`oJ `c -- --eh-rv . rnroz�crrc r2fnvv nl,,,,,,;,,g r,o,.,,ftme„t 4, eeeiopt f„r, toe Btir-eati „fr-eii o es.] All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. H. Any construction within the designated FEMA flood zone shall comply with the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. A drainage study, including proposed on-site drainage improvements which may include pervious or porous asphalt, shall be prepared by a licensed civil engineer and submitted to and approved by the Department of Public Works prior to or in conjunction with any building permit or land disturbance permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public [works] Works prior to receipt of final occupancy or certificate of occupancy permit, as the case may be. L The method of sewage disposal shall meet with the requirements of the State Department of Health. J. [ and t4e Pep a4meiit of 1=and a*d Natural Res etir-e es St4eI4ister-iePr-eseB,a4ienPi ffleastir-es ha, ,e, eei +ak ] 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. K. The [appliea*t]Applicant shall comply with all applicable County, State and Federal Laws, rules, regulations and requirements. L. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the amended ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. M. [ 7eiii g Code. 4. The tifne e*teiisieii granted shall be for-a period iiet to e*eeed t4e period or-1 ll granted for-pCrimee !; a cvacditieii to be per-fefm •a W4444 elle ate aetieii.] If the Applicant should require an additional extension of time, the Planning Department 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 area to its original or more appropriate designation. A- a A 1a A-1 1a N. 7� AGRICULTURAL-FORTYACRES(Ad0a)TO AGRICULTURAL-FIVE ACRES(A-6m) 17,SS ACRES TOTAL f ' 1a fi q L1 l� fF #. A-5a a -1a4.7 A-1 � �-� x aMP' F►ti A 1a A-40a A a s r -1a F. �k JYi: x`P 1a A- A N .� 1 -1a " OZ46747 N �v=�F 7�seae .: VASY&15E" la a r A-40 eP3 Feel 0 250 500 1,000 1,500 2,000 2,500 AMENDMENT TO THE ZONING CODE- AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- FORTY ACRES (A-40a)TO AGRICULTURAL - FIVE ACRES (A-5a) AT PU'UKAPU, SOUTH KOHALA DISTRICT, HAWAI'i MAP PREPARED BY: COUNTY OF HAWAI'I, PLANNING DEPARTMENT TMK:6.4-017:042 DATE:Feb.00,2011 EXHIBIT"A" Cynthia Foster FOR REFERENCE ONLY Mep 1307