HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-021) RHiloSeniorinvestmentsREZAmend.6.82022
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HILO SENIOR INVESTMENTS,LLC (FORMERLY ISLAND HERITAGE VENTURES,
LLC)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 17 24 (PL-REZ-2022-000021)
Upon review of the request,the Planning Director recommends that a favorable
recommendation to amend Condition C (time to secure final subdivision approval) of Change
of Zone Ordinance No. 17 24 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 on additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting an amendment to Condition C (Time to Secure Final
Subdivision Approval) of Change of Zone Ordinance No. 17 24,which rezoned
approximately 7.402 acres of land from Single-Family Residential-10,000 Square Feet
(RS-10)to Neighborhood Commercial-7,500 Square Feet(CN-7.5). The applicant is
specifically requesting a five (5)-year time extension to Condition C to secure Final
Subdivision Approval.
The non-performance on timed conditions 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, the time extension is being requested because more time is needed to develop
the assisted living facility and commercial/retail building. The delay in developing the
property was due to the combined effects of the 2018 eruption of Kilauea Volcano and
the COVID-19 pandemic, resulting in delays in County and State agency review
processes and a general economic downturn affecting the applicant's ability to secure
investors and funding. Based on the reasons provided it is determined that the applicant
could not have foreseen the conditions which were beyond their control and was not the
result of their fault or negligence.
The applicant has worked diligently in completing and securing approval for the
master plan, applying for subdivision approval and plan approval, and securing a parking
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variance. After securing the rezone time extension, the applicant will finalize subdivision
improvements and secure building permits. Because the applicant is close to completing
the project, the Planning Director recommends adding a condition to provide for an
administrative time extension if additional time is needed beyond five years.
Granting of the time extension amendments would not be contrary to the
General Plan, Community Development Plan or Zoning Code. The original reasons
for the approval of the change of zone are still applicable and the request is not contrary
to these reasons. The zoning was originally approved in 1996 to provide additional land
for commercial land uses in Hilo in close proximity to existing services. The applicant
currently plans to construct a 120-bed assisted living facility and a commercial/retail
building which are permitted uses in the Neighborhood Commercial (CN) zoning district
with a Use Permit. The Housing Element of the General Plan encourages the construction
of specially designed facilities or communities for elderly persons needing institutional
care and small home care units for active elderly persons. The proposed assisted living
facility will fulfill this need in the community and therefore is consistent with the General
Plan. While the applicant's Master Plan was approved in 2021, the Planning Director
recommends keeping Condition D in place should the development plans change prior to
Final Plan Approval.
Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone. The proposed request will not unreasonably
burden public agencies to provide infrastructure and utilities to the property. The
Department of Public Works and Department of Health had no concerns regarding the
request. Access to the property is currently provided via an unimproved driveway on
Kahaopea Street near Kanoelehua Avenue. This driveway is located just east of a road
and utility easement that provides access to Parcel 30. The applicant plans to construct a
30-foot-wide driveway access further east on Kahaopea Street across from `Awapuhi
Street. Kahaopea Street is a County roadway with a 40-foot wide right-of-way and is
paved with no sidewalks or curbs. Condition H of the ordinance requires improvements
to Kahaopea Street. Department of Public Works has commented that they have no
objections to the applicant's request for a time extension.
According to the Hawaii Department of Transportation, Highways Division
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(HDOT-HWY), the applicant is working with the Hawaii District Office to complete the
traffic improvement approvals which is a condition of the concurrent Use Permit. HDOT-
HWY has no objection to granting the applicant's request for a time extension. HDOT,
Airports Division (HDOT-A) provided comments addressing requirements of the Federal
Aviation Administration (FAA) since the proposed project is located approximately
7,300 feet from the property boundary of Hilo International Airport.
County water is available to the site from a 20-inch waterline in Kanoelehua
Avenue and 8-inch waterline within Kahaopea Street. There is an existing service lateral
designated to parcel 37 capable of accommodating a 1-inch meter, which is limited to
three (3)units of water, or a maximum daily usage of 1,800 gallons per day. According to
the Department of Water Supply (DWS), the water commitment for the subject property
expired on September 30, 2020 and the applicant must submit payment in order to extend
the commitment for thirty-one (31) additional units of water until September 30, 2022.
DWS also states that additional water system improvements, such as new service
lateral(s) and meter(s), in addition to a reduced pressure type backflow prevention
assembly may be required to provide the amount of water needed for development of the
property. According to DWS, the existing 20-inch waterline in Kanoelehua Avenue is
adequate to provide the required 2,000 gallons per minute flow for fire protection.
The County sewer system extends as far south as Maka`ala Street in Hilo,
therefore there is no sewer in the area. The applicant estimates about 17,740 gallons per
day of wastewater will be generated at the proposed assisted living facility. A wastewater
treatment unit will be installed to handle the wastewater, which will include a secondary
treatment facility, pump station, treatment tanks and injection wells. The system will
meet the requirements of the State Department of Health. Lastly, the applicant will
comply with the County Flood Code and Condition G to secure approvals from DPW and
FEMA, if required,to install drainage improvements on the property.
The request is not contrary to Chapter 205A,Hawaii Revised Statutes,
relating to Coastal Zone Management. The project site is located over two (2)miles
from the nearest shoreline and is not situated within the SMA. Thus, the property will not
be affected by coastal hazards and beach erosion. There are no identified recreational
resources,historic resources,public access to the shoreline or mountain areas, scenic and
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open space preserves, coastal ecosystems, or marine resources on the subject property.
In view of the Hawai`i 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 was conducted of the
property. The vacant subject property was formerly used as a nursery and is currently
covered in a variety of non-native trees, shrubs and grasses. The property was grubbed of
invasive vegetation in 2001 and 2004. Since then, invasive trees and shrubs have again
taken root. Feral pigs and goats have been observed; however no rare, threatened or
endangered species have been located on the property. It is highly unlikely that they
would exist on the property due to the property's close proximity to urban development.
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 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 1st through
September 15th. DOFAW also reported that lighting should be shielded and other actions
taken to minimize impacts on and remove predators of seabirds. 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
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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 area surrounding 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, 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 a favorable
recommendation for the applicant's proposed amendment to Condition C be forwarded to
the County Council. The accompanying draft bill to amend Ordinance No. 17 24 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.
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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 ORDINANCE NO. 17 24 WHICH AMENDED ORDINANCE
NO. 12 111 WHICH AMENDED ORDINANCE NO. 99 116 WHICH AMENDED
ORDINANCE NO. 96 159 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) (formerly referred to as Section 25-114, City of Hilo
Zone Map,Article 3, Chapter 25,Zoning Code), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-
10) TO NEIGHBORHOOD COMMERCIAL—7,500 SQUARE FEET (CN-7.5)AT
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-044:003, 031,
032, 035,AND 037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 2 of Ordinance No. 17 24 is amended as follows:
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.
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SEE ATTACHED CONDITIONS
SECTION 3. Material to be deleted is bracketed and stricken. New material is
underscored.
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 1 st Reading:
Date of 2nd Reading:
Effective Date:
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CHilo S eniorinves tmentsREZAmend.6.15.2022
HILO SENIOR INVESTMENTS,LLC (FORMERLY ISLAND HERITAGE VENTURES,
LLC)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 17 24 (PL-REZ-2022-000021)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply
(DWS), the applicant(s) shall submit the 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
prior to the issuance of Final Plan Approval in accordance with Rule 5 of the
Department of Water Supply's Rules and Regulations. The applicant shall
construct all water system improvements as required by the Department of Water
Supply to meet needs of the proposed development,which may include, but not
be limited to additional service lateral(s), additional water meter(s), and reduced
pressure type backflow prevention assemblies.
C. Final Subdivision Approval of the proposed consolidation/resubdivision of the
subject property shall be secured within five (5)years from the effective date of
this amended ordinance. The subdivision plans shall delineate a 10-foot wide
road widening strip along the Kahaopea Street frontage.
D. In conjunction with the submittal of plans for subdivision review or plan approval
review, a master plan for the subject property shall be filed with the Planning
Director. Final Plan Approval for the subject property and related improvements
shall also be secured from the Planning Director. Plans to be submitted for final
subdivision approval or final plan approval shall also comply with the approved
master plan and all conditions of approval set forth in this ordinance. The purpose
of the master plan is to provide comprehensive principles and guidelines for the
commercial and residential development within the subject property in order to
assure that the development is compatible with the surrounding area. The master
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plan shall include, but not be limited to, standards and guidelines relative to open
space, architecture building controls (appearance, siting, heights,building
materials, signs, etc.), terrain,topography, off-street parking, landscaping,
setbacks from property lines and buildings, lot coverage ratio, etc. and
enforcement procedures. A Landscaping Plan, in accordance with Planning
Department's Rule 17 shall also be submitted to include landscaping along
property boundaries, for the purpose of mitigating any potential adverse noise and
visual impacts to adjoining parcels and the intersection. Multiple-family
residential structures shall be designed to be in keeping with the single family
residential character of the surrounding area.
E. If required by the Planning Director, an updated Traffic Impact Analysis Report
shall be submitted for review and approval by the Department of Public Works
and the Department of Transportation (DOT)prior to the submittal of plans for
subdivision review. Prior to the issuance of the certificate of occupancy for any
portion of the subject property, the applicant shall be responsible for constructing
and/or paying for its pro rata share of intersection improvements at the
intersection of Kanoelehua Avenue and Kahaopea Street subject to the traffic
mitigation measures required by the Traffic Impact Analysis Report for the
subject property meeting with the approval of the Department of Public Works
and Department of Transportation, should the proposed intersection
improvements not be commenced by the DOT.
F. A Solid Waste Management Plan for the subject property shall be submitted to the
Department of Environmental Management for review and approval prior to Final
Plan Approval.
G. If required by the Department of Public Works,the applicant shall construct any
necessary drainage improvements meeting with the approval of the Department of
Public Works and obtain a FEMA Letter of Map Revision (LOMR)prior to the
issuance of Final Subdivision Approval or a Certificate of Occupancy for any
development within the subject properties which is adjacent to or affected by such
drainage improvements. This requirement can be satisfied by the applicant
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entering into an agreement with the County providing assurance of satisfactory
and timely completion of required drainage improvements, and secured with a
surety bond pursuant to the requirements of the Hawaii County Code Chapter 23
(Subdivision). The surety bond shall not be released by the Planning Department,
in whole or in part,until a LOMR has been approved by FEMA.
H. Prior to securing final subdivision approval or the issuance of certificate of
occupancy for the subject property,whichever occurs first,the south side of
Kahaopea Street shall be improved and widened with the construction of curb,
gutter and sidewalk improvements (with pavement widening and transitions)
fronting the subject property between Kanoelehua Avenue and the access road to
the subject property meeting with the approval of the Department of Public Works
and shall be dedicated to the County upon its request. The applicant shall be
responsible for any utility relocation and the design,purchase, and installation of
streetlights and traffic control devices as may be required by the Traffic Division,
Department of Public Works. For the area fronting the subject property between
the access road and the eastern boundary, these or other improvements may be
required by the Department of Public Works provided that no major drainage
structures, such as a bridge or culvert, are required by such improvements.
L Accesses to the property and all roadways within the subject property shall meet
with the requirements and approval of the Planning Director, upon consultation
with the Department of Public Works and/or the State Department of
Transportation. Access to the subject property shall be by the way of the
Awapuhi Street extension or an alternate access point as agreed upon by the
Planning Director, upon consultation with the Department of Public Works and/or
State Department of Transportation. Access to Kahaopea Street shall conform to
Chapter 22, County Streets, of the Hawaii County Code.
J. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
K. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
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L. Comply with Chapter 11-55,Water Pollution Control,Hawaii Administrative Rules,
Department of Health, which requires a NPDES permit for certain construction
activity.
M. All earthwork activity,including grubbing and grading,shall conform to Chapter 10,
Erosion and Sedimentation Control of the Hawaii County Code.
N. Construction activities must comply with the provisions of Hawaii Administrative
Rules, Chapter 11-46, "Community Noise Control."
O. Should any remains of historic sites,such as rock walls,terraces,platforms,marine
shell concentrations or human burials be encountered, work in the immediate area
shall cease and the Department of Land and Natural Resources — State Historic
Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
P. If the applicant,successors,or assigns develop residential units or lots on the subject
properties,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 Subdivision
Approval or Final Plan Approval, whichever is applicable. The fair share
contribution shall be based on the actual number of residential units or lots
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(HOPI). The fair share contribution shall have a maximum combined value of
[$8,754. ] $10,033.83 per multiple family residential unit([$ 2�.20]$15,636.59
per single family residential unit).The total amount shall be determined by the actual
number of units or lots 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:
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1. [e^,�9] $4,949.40 per multiple family residential unit
([$£ 98:98] $7,540.24 per single family residential unit)to the
County to support park and recreational improvements and facilities;
2. [ ] $156.43 per multiple family residential unit
$363.74 per single family residential unit)to the County to support
police facilities;
3. [$419.84] $481.18 per multiple family residential unit([$626.84]
$718.44 per single family residential unit)to the County to support fire
facilities;
4. [ 2] $214.47 per multiple family residential unit([$274.4 4
$314.54 per single family residential unit)to the County to support
solid waste facilities; and
5. [e2�4] $4,232.35 per multiple family residential unit([$5,Q�T]
$6,699.63 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. The cost of providing and
constructing the improvements required in Condition E, I and J shall be credited
against the sum specified in Condition Q(5)for road and traffic improvements. If
an assisted living facility is constructed,there will be minimal impact on road and
park improvements when compared with single-family or multiple-family homes
that could be constructed under the current CN-7.5 zoning district. In recognition
of this and the public interest in providing assisted living facilities, the fair share
contribution for roads and parks shall not apply, and the remaining fair share
contributions shall be imposed.
Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
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for the 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 Subdivision Approval or Final Plan
Approval, whichever is applicable.
S. The applicant, successors or assigns shall comply with all applicable County,
State and Federal laws, rules, regulations and requirements.
T. [ir-crre appli vmzcrequire-air-additional r2*c2ii" ,
Pi-^,.t,,,-shall s4fnit the plie nt's est to toe C,,uRty rte,,tmeil
ti ei F,,,+i,er-, sh it „f t e dit;^r s t be t
svpi-cc'�te�Ecrvrr.T-crrcrr , v C-6ircrrcrvrrriivc�czirvc-oi
of t e ^ ^^ ^ a ^ ^ ^t^ deli g,,,,t;^i ] 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
within one year may be extended for up to one additional year).
If the U12licant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
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appropriate action.
U. 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.
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AMENDMENT TO TIE ZONING CODE-
AMENDING
SECTION 25-11 4 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-10) TO NEIGHBORHOOD COMMERCIAL (CN-7.5) AT
WAIAKEA, SOUTH HILO, HAWAII,
PREPARED BY PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2--2-44: 3,31,32,35 and 37 OCTOBER 15 1996
EXHIBIT "A" FOR REFERENCE ONLY