HomeMy WebLinkAboutPD RECOMMENDATION REPORT (REZ-21-000248) RCravalhoREZ.11.23.2021
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
DWAYNE CRAVALHO
CHANGE OF ZONE APPLICATION (REZ 21-000248)
Upon careful review of the request against the guidelines for granting a change of zone,
the Deputy Planning Director is recommending that a favorable recommendation of the
Change of Zone requests 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 applicant is requesting a Change of Zone from an Agricultural-20 acres (A-
20a)to a Village Commercial-7,500 square feet(CV-7.5)zoning district for
approximately 7,544 square feet of land.
If the change of zone is approved, the applicant plans to develop an open area able
to accommodate at least one (1) food truck and associated temporary seating/eating area
using portable tables and chairs. Additional proposed improvements include construction
of paved driveway access to Hoea Road, a minimum two (2) car paved parking area,
installation of a hose bib (spigot) for potable water needs if necessary, and the use of
portable toilets. The applicant proposes operation of the site daily, with flexible hours of
operation to adjust to demand.
Due to the convenient and visible location at the western edge of the Hawi Town
commercial core, the applicant desires to establish a similar commercial use on the
property. However, the limited size and awkward configuration of the subject parcel
limits the scope and type of commercial structures and uses that could be placed on the
property given typical yard setback,parking and wastewater disposal requirements.
Given these limitations, the applicant does not have any specific plans at this time to
develop permanent structures on the subject property, thus the applicant is seeking the
change of zone to allow for the proposed food truck operation.
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 A-20a to a CV-7.5 zoning district
conforms to applicable goals,policies and standards of the General Plan and the
North Kohala Community Development Plan (CDP). The Land Use Pattern
Allocation Guide 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 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 forms for areas within the County. Upon the Director's interpretation, the
project area is designated as Medium Density Urban (mdu). The mdu designation allows
for village and neighborhood commercial and single family and multiple family
residential and related functions (multiple family residential —up to 35 units per acre).
Thus, the requested zoning would be consistent with the LUPAG Map.
In addition, the proposed CV-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, community's and
neighborhoods.
■ Encourage the concentration of commercial uses within and surrounding a
central core area.
-2-
■ Preference shall be given to commercial lands with a reasonably level
topography.
The subject, 7,544 square foot property is situated at the northeast corner of the
Hoea Road and Akoni Pule Highway intersection. The property is triangular in shape
with approximately 120.83 feet of frontage along Hoea Street and 133.33 feet along a
State of Hawai`i remnant lot which borders Akoni Pule Highway. The topography is
fairly level. The property is currently vacant of any structures or other improvements and
has been cleared and maintained. According to the applicant, it appears that an existing
garage constructed on the adjoining parcel to the east is extending into the subject
property by approximately five (5) feet. The applicant is in the process of resolving this
encroachment issue with the neighbor.
The subject property falls within the North Kohala Community Development Plan
(NKCDP) and a goal of the General Plan land use element for North Kohala encourages
the concentration of commercial uses within Hawi and Kapa`au towns. Similarly, the
NKCDP seeks to direct future urban growth within or near town centers. The subject
property is located within the Hawi town center, adjacent to other CV-zoned land to the
east which is the home of the North Kohala Community Resource Center(Kohala
Welcome Center). The proposed change of zone would achieve these goals by
complementing the existing nearby commerical land uses and providing for an orderly
development of the area.
Given the subject propertyes unique size and location, the applicant will need to
provide on-site parking and front yard landscaping as required by the Zoning Code. There
are no landscaping requirements for parking lots with less than five (5) spaces and no
bufferyard requirements for the subject property to adhere to as the adjacent parcels to the
east and south are zoned CV and A. A condition of approval will require landscaping be
placed along the property's Hoea Road to comply with the Zoning Code. To address the
concerns made by the State Department of Transportation, Police and numerous letters of
public testimony the Director is recommending landscaping be placed along the
property's south and east boundary to minimize any potential nuisances that the proposed
development may create. Such buffer yard landscaping will also alleviate any unwanted
-3-
parking along Akoni Pule Highway. Based on the preceding, a condition of approval has
been added to require landscaping along the south and east boundary of the subject
property.
Additionally, the applicant will provide basic infrastructure needed to support
commercial uses such as fire suppression measures. Thus, the applicant's request is
consistent with surrounding land uses and zoning and the goals,policies and standards of
the North Kohala Community Development Plan, General Plan and Zoning Code.
The change of zone from A-20a to a CV-7.5 zoning district will not result in a
substantial adverse impact upon the surrounding area, community or region. The
subject, 7,544 square foot property is situated at the northeast corner of the Hoea
Road/Akoni Pule highway intersection and is triangular in shape. The property is
currently vacant of any structures or other improvements and has been cleared and
maintained. The property directly adjacent to the subject property and to the east is the
home of the North Kohala Community Resource Center(Kohala Welcome Center). The
property directly adjacent to the south is a Remnant Lot"J"that is owned by the State of
Hawaii and is currently zoned A-20a.
There is a mixture of residential, village commercial and agricultural zoning and
uses in the area. Surrounding properties on all sides and in the general vicinity consist of
Residential-zoned lands (RS-15)while further beyond are properties primarily zoned for
Agricultural uses. Immediately adjacent to the east and across Akoni Pule Highway, on a
parcel that is zoned RS-15 is the Sacred Heart Catholic Church and the Seventh Day
Adventist Church is about 430 feet from the subject property to the east. Approximately
115 feet from the subject property is a 2.9-acre parcel that was zoned for Limited
Industrial uses (ML-20) in 1972 to accommodate the County's Highway Maintenance
Division operations.
The Planning Department has received multiple written testimony in opposition to
the proposed project associated with the Change of Zone application. The two main
issues that were presented in these testimonies is opposition to the establishment of two
(2) food truck operations on a small lot, as well as traffic concerns and site distance
concerns. In response to the public testimony received concerning the operation of the
-4-
food truck operation the applicant has elected to operate only one food truck in hopes of
also decreasing the amount of traffic that would access the subject property. Additionally,
the applicant is proposing to work with their engineer to design more parking on-site to
minimize potential parking on the adjacent Remnant Lot"J". Furthermore, the Director
has recommended conditions of approval for landscaping requirements in an effort to
deter visitors from parking within the adjacent Remnant Lot"J".
All essential utilities and services are available to the site. The project site has
frontage along Hoea Road which is a, minor collector road that is owned and maintained
by the County with a roughly 20-foot-wide pavement and unimproved shoulders within
an approximately 40-foot-wide right-of-way. The General Plan describes minor collector
roads such as Hoea Road, as local streets used as through-streets within commercial and
industrial areas and requires a minimum right-of-way of 60 feet. Based on the preceding,
a condition requiring a 10-foot future road widening from Hoea Road has been added
The property has no direct access to Akoni Pule Highway as there is a remnant
parcel "J", which belongs to the State of Hawaii Department of Transportation (DOT)
between the highway and the subject parcel. Based on the proposed zoning, the
Department of Public Works (DPW)recommends that access to the project shall conform
to Chapter 22, County Streets, of the Hawai`i County Code and shall include adequate
site distances. Additionally, the applicant shall install streetlights and traffic control
devices as may be required by the DPW-Traffic Division and shall be responsible for the
design,purchase, and installation of such devices along Hoea Road. The preceding will
be added as conditions of approval.
Furthermore, the Department of Public Works (DPW)recommends that the
applicant provide improvements to the subject property's entire Hoea Road frontage
consisting of a pavement widening with concrete curb, gutter and sidewalk, drainage
improvements and any required utility relocation meetings with the requirements of the
Americans with Disabilities Act. The Applicant finds that imposing these roadways
improvements is excessive and disproportional to the small scope of the proposed food
truck use and the small land area requested to be rezoned. The nearest sidewalk fronting
commercial-zoned properties is located at least 630 feet to the east of the property
-5-
fronting the main part of the Hawi commercial core. The Planning Director agrees with
the applicant's reasons for not requiring frontage improvements and therefore is not
recommending adding conditions for roadway improvements.
Due to the subject property's close proximity to the State of Hawaii Remnant Lot
"J" and Akoni Pule Highway, the Department of Transportation has concerns with
unwanted parking patterns along Akoni Pule Highway as well as the location of the
access driveway creating possible traffic issues. Based on the preceding, a condition for
landscaping requirements along the property's southern boundary and directly adjacent to
the Remnant Lot"J"will be required. Furthermore, a condition in which the applicant be
required to construct the access driveway as far from Akoni Pule Highway as most
feasible possible will also be required.
Due to the subject property's size which limits the possible proposed uses for the
subject property, the proposed change of zone is not anticipated to generate over fifty
trips. Therefore, no traffic recommendations are being made at this time.
County water is available from an existing 5/8-inch meter. The Department of
Water Supply (DWS) is requiring the applicant to improve the water system to provide
the required fire flow for the commercial zoning. 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. The preceding will be added as conditions of
approval. As there is no municipal sewer system in the area, wastewater will be disposed
of into portable toilets for the proposed food truck operation. If another use is developed
on the property, an individual wastewater system meeting with the requirements of the
State Department of Health will be required. Solid waste will be disposed of by
commercial haulers into an approved landfill.
Should this rezone be approved, the applicants could potentially apply for
multiple dwelling units for the subject property. Based on the preceding, a condition of
approval will require the applicant or successor to pay a fair share contribution to
mitigate potential regional impacts from the development of multiple units. Electrical and
telephone services are available to the subject property. Police, fire and medical services
are located nearby in Kapa`au.
-6-
There are no severe geological or topographical problems for the property
that cannot be properly rectified, or which would render the land unusable. The
project site has no severe geological or topographical problems which cannot be properly
rectified, or which would render the land unusable. According to the Flood Insurance
Rate Map (FIRM)prepared by the Federal Emergency Management Agency (FEMA),
the property is located in Zone "X", or"Area of Minimal Flood Hazard" and it is not
known to be prone to flooding.
DPW requires that all development generated runoff shall be disposed of on-site
and shall not be directed toward any adjacent properties. All earthwork activity, including
grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control,
of the Hawaii County Code. The preceding will be added as conditions of approval.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located over 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 has been previous cleared and has been maintained for
years, and given the 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 O 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.
There are no known archaeological resources on the subject property as it was
extensively cleared and has been maintained as a landscaped entryway into Hawl town
-7-
since 1990. Furthermore, there are no known customary native Hawaiian cultural
resources, customs or practices on the subject site.
Finally, the applicant does not anticipate any significant land alterations to
support the food truck use and by letter dated July 14, 2021, the State Historic
Preservation Division determined that no historic properties would be affected by the
proposed project. A condition of approval will be added for the protection of inadvertent
finds should any remains of historic sites, such as rock wall, 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 above findings, the request to rezone the property from an Agricultural-20
acres (A-20a) to a Village Commercial-7,500 square feet (CV-7.5)zoned district would result
in an appropriate land use pattern that would further benefit the general public.
The accompanying draft bill to amend Section 25-8-9 (Hawi-Kapa`au Zone Map),
Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
-8-
M'Sw. F 14
COUNTY OF HAWAI`I T• STATE OF HAWAI`I
pA'�F2lFM►+11
BILL NO.
ORDINANCE NO. (Planning Dept.)
AN ORDINANCE AMENDING SECTION 25-8-9 (HAWI-KAPA`AU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL -20,000 SQUARE FEET (A-20a) TO VILLAGE-COMMERCIAL—
7,500 SQUARE FEET (CV-7.5) AT KA`AUHUHU, NORTH KOHALA, HAWAI`I,
COVERED BY TAX MAP KEY: 5-5-009:019.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25-8-9, Article 8, Chapter 25 (Zoning Code) of the Hawaii 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 Ka`auhuhu, North
Kohala, Hawaii, shall be Village-Commercial —7,500 square feet(CV-7.5):
Beginning at a 1/z inch pipe (set) at the Southwesterly corner of this parcel of land,
being also the Northwesterly corner of Remnant"J" (Government Land) (State of
Hawaii) and being a point on the Easterly side of Hoea Road, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "PU`U O
NALE"being 13,699.52 feet North and 3,354.04 feet East and running by azimuths
measured clockwise from True South:
1. 180' 28' 120.83 feet along the Easterly side of Hoea
Road to a 1/z inch pipe (set);
2. 323° 47' 209.00 feet along the remainder of Royal
Patent 6292, Land Commission
Award 10,575 to Lonoheana (TMK:
3/ 5-5-009: 018)to a spike (set);
-1-
3. 111° 00, 133.33 feet along the Northerly side of
Remnant"J" (Government Land)
(State of Hawaii)to the point of
beginning and containing an area of
7,544 square feet.
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, Hawai`i 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.
INSERT 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.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-3-
MavalhoREZ.11.23.21
DWAYNE CRAVALHO
CHANGE OF ZONE APPLICATION (REZ 21-000248)
CONDITIONS OF APPROVAL
A. The applicant(s), its successor(s) or assign(s) ("Applicant") shall be responsible
for complying with all of the stated conditions of approval.
B. A ten (10) foot wide future road widening setback along the property's Hoea
Road frontage shall be delineated on any plans for development of the property.
Upon the request of the Department of Public Works, the applicant shall
subdivide the land encumbered by the future road widening and shall dedicate it
to the County of Hawaii at no cost.
C. Construction of the proposed development, as substantially represented by the
Applicant, or as permitted by its zoning district classification, shall be completed
within five (5) years from the effective date of this ordinance. Prior to
construction, the Applicant 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 structure(s),paved driveway access and paved 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 all
adjacent properties that shall provide a minimum 10 foot wide landscape strip to
be planted with a minimum of one (1)tree and 10 shrubs per 35 linear feet along
the property's boundary in accordance with the requirements of Planning
Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning
Code), Hawaii County Code.
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.
E. The Applicant shall implement any improvements required by the Fire
Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for commercial zoning.
F. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties.
G. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawaii County Code.
H. All parking for the property shall be provided on-site. Parking within TMK 5-5-
009:045 (Remnant J) and the Hoea Road and Akoni Pule Highway rights-of-way
is prohibited.
L Access to the property shall be limited to Hoea Road and shall be located as far
away from Akoni Pule Highway as practicable. All driveway connections to Hoea
Road shall conform to Chapter 22, County Streets, of the Hawaii County Code,
including the provision of adequate sight distances, and shall meet with the
approval of the Department of Public Works.
J. The Applicant shall be responsible for the design,purchase, and installation of
streetlights and traffic control devises as may be required by the Traffic Division,
Department of Public Works.
K. The method of sewage disposal shall meet with the requirements of the
Department of Health.
L. 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. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
-2-
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Plan Approval, and shall be
based on the actual number of additional residential units 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($15,057.57 per single family residential unit). The total amount
shall be determined with the actual number of residential 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 unit)
shall be allocated as follows:
I. $4,766.13 per multiple family residential unit($7,261.03 per single family
residential unit)to the County to support park and recreational
improvements and facilities;
2. $150.63 per multiple family residential unit($350.27 per single family
residential unit)to the County to support police facilities;
3. $463.37 per multiple family residential unit($691.83 per single family
residential unit)to the County to support fire facilities;
4. $206.52 per multiple family residential unit($302.89 per single family
residential unit)to the County to support solid waste facilities; and
5. $4,075.63 per multiple family residential unit($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 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.
-3-
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 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, Department of Environmental Management and Department of
Health.
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:
l. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant 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
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.
Q. 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.
-4-
ML-20
PS-15 PS-15
ML-20 �
Q
w
O_
PS-15
PS-15
PS- 5
CV-10
PS-15 CV- 0
13,699.52'N
3,354.04'E CV-10
To Mah4k0na 'PUU O NALE"
PS- 5 -2 CV-10
Akolvi PUCE NWY CV-10
PS-15
AGRICULTURAL(A-20a) PS-15 TO Kapaau
VILLAGE-COMMERCIAL(CV-7.5)
7,544 SQ.FT. 0
RS- 5
w
2
J
JT
Z
PS-15 PS-15
Feet
0 100 200 300 400 500
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-9 (HAWI-KAPA'AU ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO VILLAGE-COMMERCIAL (CV-7.5)
AT KA'AUHUHU, NORTH KOHALA, HAWAI'I
MAP PREPARED BY:
TMK:(3)5-5-009:019 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:July26,2021
EXHIBIT"A" Dwayne Cravalho
Map: 1427