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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-000016) RPalmerPXZ.4.11.22 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LAWRENCE PALMER CHANGE OF ZONE APPLICATION (PL-REZ-2022-000016) 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 from Single-Family Residential— 10,000 square feet(RS-10) to a Village Commercial— 10,000 square feet(CV-10)zoning district for approximately 11,254 square feet of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy 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 to change the zoning district from a Single-Family Residential— 10,000 square feet(RS-10)to a Village Commercial— 10,000 square feet (CV-10) zoning district for approximately 11,254 square feet of land, in order to establish a furniture and appliance retail outlet. The applicant's proposed retail outlet will include two (2) showrooms,two (2)bathrooms, a workshop/storage space, and a parking lot with four(4)parking stalls, one (1) of which will be A.D.A. accessible. The applicant is proposing renovations within the existing building footprint to bring the building to code for commercial occupancy and to realign the floor plan to accommodate the proposed showrooms.No additional structures or expansion of the existing building footprint are proposed. The applicant plans to employ two (2) to three (3)people to support the business with intended hours of operation from 9:00 am to 5:00 pm, Tuesday through Saturday Furthermore,the applicant anticipates the project will cost approximately $100,000 and that construction will be completed within two (2)years of being granted the requested Change of Zone. Please note that although the applicant is currently proposing to convert the existing dwelling to a retail outlet, any permitted use in the CV-zoning district can be -1- established on the property should the change of zone request be approved. 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 RS-10 to a CV-10 zoning district conforms to applicable goals,policies and standards of the General Plan and the Puna Community Development Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals,policies ana standards of the General Plan Land Use and Economic Elements: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. ■ 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, communities, and neighborhoods. -2- ■ Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. ■ Preference shall be given to commercial lands with a reasonably level topography. ■ Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. ■ Provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. 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 request to change the zoning to a CV-10 district conforms to the LUPAG Map,which designates the property and the surrounding area as a mixture of Low Density Urban and Medium Density Urban. Low Density Urban allows residential use,with ancillary community and public uses, and neighborhood and convenience-type commercial uses,while Medium Density Urban allows village and neighborhood commercial and single family and multiple family residential and related functions. Based on the preceding,the requested change of zone to a CV-10 district conforms to the LUPAG Map. In addition, the proposed change of zone is consistent with the Puna Community Development Plan (PCDP), as the subject property is situated within the area designated by the PCDP as the Kea`au Regional Town Center. According to the PCDP,village and town centers are expected to include a mix of uses, including small-lot and higher density residential,retail and office commercial, service-type light industrial, and public and quasi-public facilities, such as schools, churches, and parks. Furthermore,the policies of the PCDP direct this type of commercial development into village and town centers,thus this proposed CV zoning is consistent with the intent of the PCDP. -3- All essential utilities and services are available to the property. The subject parcel is currently accessed via one (1)paved driveway connection to Laukahi Place,which is a County owned and maintained roadway with an approximately twenty-five (25) foot pavement width within an existing forty (40) foot wide right-of- way. The southern side of Laukahi Place is improved with an approximately eight(8) foot wide sidewalk. As a local street, Laukahi Place should have a total 50-foot-wide right-of-way (currently 40 feet),however,the Deputy Director is not inclined to require a future road widening setback as it was not required of other properties that were rezoned to CV in the immediate area. Based on the proposed zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's Laukahi Place frontage consisting of,but not limited to pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, signs and markings, streetlights, and any relocation of utilities, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department and that all driveway connections and construction meet the requirements of Chapter 22, County Streets, of the Hawaii County Code. Additionally, DPW recommends that the applicant install any required streetlights or traffic control devices as may be required by the Traffic Division, Department of Public Works, with design,purchase and installation being the responsibility of the applicant. As the applicant is currently proposing to convert an existing dwelling into a small retail building, they have requested the DPW roadway improvement requirements outlined above be deferred to when the scope of the business is expanded or enlarged beyond the footprint of the existing structure. The Deputy Planning Director is not inclined to support that request as there has been no representation that the applicant ever intends to expand or enlarge beyond the footprint of the existing structure, thus the improvements may never be made. The proposed retail use is considered a permitted use in the CV zoning district. Moreover, these improvements have been required of other landowners in similar rezonings and are appropriate for this type of zoning in urban -4- Kea`au. As such,the Deputy Planning Director is recommending the improvements be similarly made prior to issuance of Certificate of Occupancy. County water is available to the site via an existing 8-inch waterline within Laukahi Place, fronting the subject parcel. The Department of Water Supply (DWS)will determine the appropriate water commitment deposit,prevailing facilities charge, appropriate service lateral and meter size required once the applicant provides estimated maximum daily water usage calculations, prepared by a licensed engineer, for the proposed commercial use. The DWS also requires a reduced pressure type backflow prevention assembly be installed. Finally, according to the DWS,the existing 8-inch waterline is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS standards, and the applicant will need to work with the Fire Department to determine any other fire protection requirements or alternatives. The preceding will be added as conditions of approval. According to the Department of Environmental Management(DEM), there is no County sewer system in the area. The existing dwelling is currently serviced by an existing cesspool; however,the applicant has stated they intend to replace the cesspool with a septic system meeting with the requirements of the State Department of Health. The preceding will be added as a condition of approval. There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers,who will dispose of the refuse at authorized landfill sites. Electrical,telephone and internet services are available to the property. Police and fire services are available in Kea`au, and medical services are available in Kea`au and Hilo. There are no severe geological or topographical problems for the property that 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) and the Department of Public Works- Engineering Division (DPW), the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property -5- is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not situated within the Special Management Area. It is located over three (3) miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, 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. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical, or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. 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: ■ Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. ■ The valued cultural, historical, and natural resources found in the rezoning area: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. No professional floral or faunal survey -6- was conducted of the property. The subject property has been previously cleared for construction of a single-family dwelling. The vegetation on the subject parcel primarily consists of non-native grass,with no other landscaping or natural vegetation on site. According to the applicant, introduced bird species such as dove, Japanese White-eye,house finch and myna are common in the surrounding area, as well as domestic animals such as cats, dogs, goats, chickens,rats and feral pigs. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW)the Hawaiian Hawk or'Io (Buteo solitarius) may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or 'Ope'ape'a(Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1 st through September 15th. Finally, DOFAW reported that the Hawaiian Goose or Nene (Branta sandvicensis)may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the developed and urban nature of the subject property. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. 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, the installation of approved wastewater disposal systems, compliance -7- 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 a Single- Family Residential- 10,000 square feet (RS-10) zoned district to a Village Commercial - 10,000 square feet (CV-10)zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-25 (Kea`au Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, As Amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -8- 4�M�V`OF h{`�pi COUNTY OF HAWAII +_ STATE OF HAWAII ri�•oF•rr.M� BILL NO. ORDINANCE NO. <Planning Department> AN ORDINANCE AMENDING SECTION 25-8-25 (KEA`AU ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10)AT KEA`AU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-002:082. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. Section 25-8-25,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 Kea`au, Puna, Hawaii, shall be Village Commercial— 10,000 square feet(CV-10): Beginning a'/2"pipe found at the South corner of this parcel of land and the Southwesterly corner of Lot 1183, (Map 34) at the North boundary of Laukahi Place, (Lot 1146,Map 34), (40' wide),the coordinates of said point of said point of beginning referred to Government Survey Triangulation Station"Ola`a"being 8,686.66 feet North and 6,157.89 feet East, and running by azimuths measured clockwise from True South: 1. 1030 3 F 00" 52.86 feet along said North boundary of Laukahi Place, (Lot 1146,Map 34) to a 1/2"pipe, set,thence; 2. 1090 01' 30" 109.87 feet along same,to the South corner of Lot 1147, (Map 34),to a 1/2"pipe, found, thence; 3. 1840 27' 00" 42.75 feet along the East boundary of said -I- Lot 1147,to the West corner of Lot 1182-A, (Map 34), to a mag nail, set, thence; 4. 2480 40' 00" 108.51 feet along the South boundary of said Lot 1182-A,to the West boundary of Lot 1183, (Map 34)to a calculated position in an 18"tree,thence; 5. 3380 40' 00" 139.85 feet along said West boundary of Lot 1183, to the Point of Beginning. Enclosing an area of 11,254 sq. ft., more or less. 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, Hawaii 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 -2- 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 1 st Reading: Date of 2nd Reading: Effective Date: -3- CPalmerREZ.4.13.22 LAWRENCE PALMER CHANGE OF ZONE APPLICATION (PL-REZ-2022-000016) CONDITIONS OF APPROVAL A. The applicant, successors or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development, as substantially represented by the Applicant, or as permitted by the 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 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 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. Prior to commencement of the proposed use, the Applicant shall secure and finalize all required building permits from the Department of Public Works Building Division, including a change of use building permit for the existing structure to be converted from use as a single-family dwelling to a commercial use permitted in the zoning district classification. D. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicant shall submit anticipated maximum daily water usage calculations, as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the DWS's Rules and Regulations. The Applicant is responsible for maintaining valid water commitments until such time that required water facilities charges are paid in full. -1- E. 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 DWS. F. Prior to obtaining certificate of occupancy, 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. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Planning Department prior to Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. H. All earthwork and grading activity shall conform to Chapter 10,Erosion and Sedimentation Control of the Hawaii County Code. L All driveway connections and construction within the Laukahi Place Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. J. Access to Laukahi Place, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. K. Prior to obtaining certificate of occupancy,the Applicant shall provide improvements to the subject property's Laukahi Place frontage consisting of, but not limited to pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, signs and markings, streetlights, and any relocation of utilities,meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. L. The Applicant shall be responsible for the design,purchase, and installation of streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. M. Should the Applicant 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, -2- any transportation system improvements to Laukahi Place that may be deemed necessary by the Department of Public Works. N. The method of sewage disposal shall meet with the requirements of the Department of Health. O. 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. P. Should the Applicant develop residential units on the subject property, 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 Plan Approval or Final Subdivision Approval, whichever is applicable, and shall be based on the actual number of additional residential units or 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 (HOPI). The fair share contribution shall have a combined value of$10,033.83 per multiple family residential unit or 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 multiple family residential unit or lot(single family residential unit or lot) shall be allocated as follows: 1. $4,949.40 per multiple family residential unit or lot to the County to support park and recreational improvements and facilities; -3- 2. $156.43 per multiple family residential unit or lot to the County to support police facilities; 3. $481.18 per multiple family residential unit or lot to the County to support fire facilities; 4. $214.47 per multiple family residential unit or lot to the County to support solid waste facilities; and 5. $4,232.35 per multiple family residential unit or lot to the County to support road and traffic improvements. Q. 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. R. 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 requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 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). -4- 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. 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 subject area to its original or more appropriate designation. -5- 0 2 A-20a CV-10 O 2� v> RS-10 A-20a p 7 CV-10 R -10 RS 0 0_0 s� R - O CV-10 z Q J PS'C �O RS-1 Y\0 CV-10 8,686.66'N 61157.89'E "OLAA" R RS- c CV-10 N1 p< U SINGLE-FAMILY RESIDENTIAL py� O (RS-10)TO (n ~ VILLAGE COMMERCIAL(CV-10) �\SA RS-10 CV-10 -q9 R 10 G.O 9ti o CV-10 09S'p HAME gT RS-10 O RS-10 O VQ� RS-10 C 0 p Ov CV-10 Ov Feet 0 300 600 900 1,200 1,500 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-25 (KEAAU ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT KEAAU, PUNA, HAWAI'I MAP PREPARED BY: TMK:(3)1-6-002:082 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:February 1,2022 Lawrence EXHIBIT"A" Map: 1437