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Home My WebLink AboutPD RECOMMENDATION REPORT (REZ 16-000208/PL-PDI-2022-000003) ROshiroRepealREZ.cm.6.14.22 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED ROBERT S.AND CAROL OSHIRO REPEAL CHANGE OF ZONE ORDINANCE NO. 17 7 (REZ 16-000208) Upon careful review of the request, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the Hawaii County Council on this request to repeal Ordinance No. 17 7, which will revert the current zoning of the subject property from Neighborhood Commercial-10,000 square feet(CN-10)to its original Single-Family Residential-10,000 square feet(RS-10) zoning district for approximately one (1) acre of land. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: The Planning Director is initiating a request to repeal Ordinance No. 17 7 in response to a written request, dated December 29, 2021, which was submitted by the property owners Robert S. and Carol Oshiro. The repeal would revert the zoning of the approximately one (1) acre of land to its original RS-10 zoning designation from the current CN-10 zoning designation. According to the request, due to the recent Covid-19 pandemic, many of the businesses and people who have been supporting the applicants in pursuing their restaurant business are no longer in business or have lost their jobs. Further, it has been approximately five (5)years since the applicants started this project, and due to their age and the recent pandemic, they can no longer pursue the restaurant development. Therefore, they are requesting that the Change of Zone Ordinance No. 17 7 be repealed, and the zoning district be reverted to its original Single-Family Residential (RS-10). A review of the Planning Department records indicates that none of the conditions of the subject ordinance have been complied with, including Condition B (time to complete construction), which required compliance within five years respectively from the effective date of the subject ordinance, which was January 20, 2017. As the landowners have no intention of developing any uses permitted in the CN- 10 zoning district, they are requesting that the Planning Director initiate rezoning of the property to its original RS-10 zoning,pursuant to Condition R of the subject ordinance, which allows the Director to initiate reversion of land to its original zoning or rezone to a more appropriate designation should conditions of approval not be met or substantially complied with in a timely fashion. Since the subject parcel was rezoned, there has not been any significant land use regulatory changes in this area. The proposed reversion to the original RS-10 zoning would be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG)map Medium Density Urban 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 State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. The subject parcel is not situated within the Special Management area and given its extensive history of urban development, there are no known archaeological, historical, or cultural resources and no protected/endangered floral or faunal resources found on the subject parcels. The properties adjacent to the north and across Kilauea Avenue to the west are zoned Single-Family Residential (RS-10) and primarily consist of single-family residential uses. The properties adjacent to the south and east of the subject property are zoned Neighborhood Commercial (CN-10) and consist of a parking lot to the south and the Puainako Town Center commercial area consisting of retail shops, grocery stores, and restaurants. Thus, reverting the zoning to the RS zoning district will be consistent with surrounding land uses and zoning. All infrastructure, which consists of roadway access, water, wastewater, solid waste, and utilities and services, are adequate to support the RS-10 zoning district. Lastly, although the recommendation to repeal Ordinance No. 17 7 will extinguish any conditions related to the CN-10 zoning, it is made with the understanding -2- that the landowners remain responsible for developing the parcel in compliance with all other applicable governmental requirements in connection with the Single-Family Residential (RS) zoning district prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with County Streets, Water, Sewer and 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, a favorable recommendation of the Planning Director's initiated action to repeal Change of Zone Ordinance No. 17 7 and reclassify lands from Neighborhood Commercial-10,000 square feet(CN-10) to Single-Family Residential-10,000 square feet(RS-10)would result in an appropriate land use pattern and would be in the best interest of the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note as this draft ordinance repeals Ordinance No. 17 7 and reverts the subject property back to its original RS-10 zoning district, there are no proposed conditions to be attached to this draft bill. -3- �Mti(OF h{ �p COUNTY OF HAWAI`I STATE OF HAWAI`I BILL NO. ORDINANCE NO. (Planning Dept.) AN ORDINANCE REPEALING ORDINANCE NO. 17 7, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO 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 SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-040:004. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Ordinance No. 17 7 which amended Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended), is hereby repealed in its entirety and the subject property shall be classified back to its original zoning district. SECTION 2. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single-Family Residential— 10,000 square feet(RS-10): Beginning at the northwest corner of this parcel of land and on the east side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 9,367.25 feet South and 9,845.83 feet East and running by azimuths measured clockwise from True South: 1. 2650 40' 242.00 feet along Lots A and B, being a portion of Grant 10442 to Antoni F. Martin; -1- 2. 3550 40' 180.00 feet along Lot A-1, being a portion of Grant 10551 to Edward Kazuo Fujimoto; 3. 850 40' 242.00 feet along Lot A-1, being a portion of Grant 10551 to Edward Kazuo Fujimoto; 4. 1750 40' 180.00 feet along the east side of Kilauea Avenue to the point of beginning and containing an area of 1.000 acre. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. 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 approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- PS-10 PS-10 PS-10 PS-10 9,36Z25'S PS-10 PS-10 9,b45.b3'E HALAT' PS-10 PS-10 CN-10 r D m NEIGHBORHOOD COMMERCIAL-10,000 SQUARE FEET(CN-10)TO D SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10) 1.000 ACRE PS-10 m E KAHAOPEA ST W KAHAOPEA ST 10 RS-10 RS-10 PS-10 Feet 0 100 200 300 400 500 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) TO SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAI`I MAP PREPARED BY: TMK:(3)2-2-040:004 COUNTY OF HAWAI`I, PLANNING DEPARTMENT DATE:June 20,2022 EXHIBIT"A" osniro Map: 1379