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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-PUD-2022-001) RLehuaVi11agePUD.7.202022.crk COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION REPORT LEHUA VILLAGE PARTNERS,LLC PLANNED UNIT DEVELOPMENT APPLICATION (PL-PUD-2022-000001) Upon careful review of the request against the guidelines for granting a Planned Unit Development(PUD)permit pursuant to Rule No. 16 of the Planning Commission rules of practice and procedure,the Planning Director is recommending that the request for a PUD permit to allow exceptions from Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code), Hawaii County Code for the development of a master planned community consisting of 40 single-family lots be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Planning Unit Development(PUD)permit to allow for the following exemptions to the Zoning and Subdivision Codes in order to facilitate the development of a 40-lot single-family residential subdivision across two separate properties: Exceptions Requested from Zoning Code (HCC Chapter 25) ■ Minimum Street Frontage (HCC §25-4-30). Request to waive requirements that certain proposed lots will have roadway frontages of less than 50 percent of the required minimum building site average width of 38 feet based on requested RS-15 zoning district. Additionally, only one lot(Village 2, Lot 5)will not have any roadway frontage nor access pole and will be accessed via a roadway easement due to steep topography that would make it too difficult to extend the road lot for sake of a single parcel (see PUD application Figure 3 —PUD Master Plan). ■ Minimum Building Site Area; Minimum Average Width (HCC §25-4-31). Request to waive minimum building site area requirements to allow a minimum building site area of 10,000 square feet within the proposed RS-15 zoning district. Additionally, request to allow the minimum building site area average width to be 60 -1- feet instead of the 75 feet required within the proposed RS-15 zoning district(see PUD application Figure 3 —PUD Master Plan). ■ Reduction of Building Site Below Minimum Area (HCC §25-4-32). Request to reduce building sites to no less than 10,000 square feet in lieu of the 15,000 square feet minimum lot size required by the proposed RS-15 zoning district(see PUD application Figure 3 —PUD Master Plan). ■ Minimum Building Site Average Width (HCC §25-5-6). Request to allow the minimum building site area average width of 60 feet instead of the 75 feet required by the proposed RS-15 zoning district(see PUD application Figure 3 —PUD Master Plan). ■ Minimum Yards (HCC §25-5-7). Request to allow a minimum front yard setback of 15 feet in lieu of the 20 feet required by the proposed RS-15 zoning district(see PUD application Exhibit 1 —Yard Designation). ■ Other Regulations (HCC §25-5-8). Request to allow for a minimum front yard setback of 15 feet for all lots,irrespective of minimum building site average width of 60 feet that is consistent with an RS-7.5 zoning district. Exceptions Requested from Subdivision Code (HCC Chapter 23) ■ Access to Lot from Street(HCC §23-34). Request to allow for one lot(Village 2, Lot 5) to not have any direct roadway frontage nor access pole, instead it is proposed to be accessed via a roadway easement due to steep topography that would make it too difficult to extend the road lot for the sake of a single parcel. Additionally,the applicant proposes that the Village 2, Lot 18 pole will also accommodate accesses for adjoining Lots 19 & 20 via a common access easement to minimize driveway cuts onto the proposed subdivision road(see PUD application Exhibit 2—Access & Utility Easement). ■ Minimum Right-of-Way and Pavement Widths (HCC §23-41). The applicant requests the allowance of the following roadway widths and turn-around radius: o Minor Street: 40-foot-wide right-of-way in lieu of 50 feet; o Cul-de-sacs and dead-end streets: 40-foot-wide right-of-way in lieu of 50 feet; & o Turn-around alternative designs that are acceptable to the Fire Department, such -2- as "hammerhead" or similar turnarounds that have depths of at least 60 feet with corner radius of at least 30 feet(see PUD application Exhibit 3 —Right of Way Improvement). ■ Cul-De-Sacs (HCC §23-48). Request to allow the following: o A cul-de-sac roadway with a maximum length of no more than 1,000 feet and serving no more than 20 lots rather than 600 feet in length and serving no more than 18 lots. o Turn-around alternative designs that are acceptable to the Fire Department, such as "hammerhead"turnarounds that have turnaround depths of at least 60 feet with corner radius of at least 28 feet. o Turning radiuses as shown on Exhibits 5 & 6 to navigate mailbox kiosk parking area combined with turnaround area(see PUD application Exhibits 4, 5 & 6-Cul- de-Sacs). ■ Grades and Curves (HCC §23-50). Request to allow the following roadway grades and curves: o Vertical and horizontal curves of less than 300 feet provided that such curves conform to AASHTO minimum standards. o Proposed subdivision roads will have minimum radius as little as 80 feet, but as a dead-end road with no through traffic and design speed of 15mph, this should not be an issue according to the applicant. o Allow for a minor subdivision road having maximum grade of 20 percent to accommodate anticipated short sections along the subdivision road that may exceed the typical maximum 12 percent grade (see PUD application Exhibit 7 - Street Intersection Angles and Radius). ■ Street Lights (HCC §23-93). Request to allow the use of custom street lights in lieu of those meeting the standard specifications on file at the Department of Public Works (see PUD application Exhibit 8—Street Lights). ■ Street Names and Traffic Signs (HCC §23-94). Request to allow the use of custom street name and traffic signs in lieu of the type of signs permitted by the standard specifications on file at the Department of Public Works (see PUD application -3- Exhibit 9— Street Signs). ■ Right-of-Way Improvement(HCC §23-95). Request to allow design flexibility in the treatment of the right-of-way areas in lieu of what is typically required by the standard specifications on file at the Department of Public Works. The proposed subdivision road profile will consist of: 0 40-foot-wide right-of-way; 0 20-foot-wide travel-ways; 0 10-foot wide grassed and landscaped shoulders lined with trees; and o No bike lane (See PUD application Exhibit 3 —Right of Way Improvement). The preceding exceptions will facilitate the development of a Master Planned PUD called Lehua Villages and consists of two development components, Lehua Village 1, and Lehua Village 2. Lehua Village 1 would be situated on Parcel 136 (7.137 acres of land)with lot sizes ranging from 10,000 square feet to 23,400 square feet. These 20 lots are proposed to be sold at affordable rates consistent with affordable housing guidelines for Hawaii County and pursuant to an executed affordable housing agreement between the applicant and the Office of Housing and Community Development(OHCD). Lehua Village 2 would be situated on Parcel 10 (7.185 acres of land)with lot sizes ranging from 10,000 square feet to 33,000 square feet. These 20 lots will be offered for sale at market rates. The applicant has concurrently applied for a change of zone for the properties from Single-Family Residential 10,000 square feet(RS-10)to a Single-Family Residential 15,000 square feet(RS-15) zoning designation, effectively reducing the mathematical density allowed on subject properties from 60 to 40 lots. According to the applicant, the purpose for the requested PUD permit is to promote the development of a single-family residential development that is more neighborhood-friendly and consistent with the rural character prevalent throughout the Honoka`a town area. Another primary purpose for the requested PUD permit is to facilitate the design of this proposed residential community across two separate properties that are bisected by a meandering public road (Lehua Street)with unique topographic conditions that is not -4- conducive to the typical platting of lots that you would normally find on sites with more moderate grades and not constrained by an existing road. Finally, both the downzoning and PUD will allow the applicant to defray infrastructure costs associated with typical subdivision design in order to ensure that 50% of the proposed lots would be offered at affordable rates to prospective buyers. If the entitlement requests are approved,the applicant plans to submit a subdivision application by the end of 2022,with anticipated completion of the subdivision for both Villages within five (5)years,by the end of 2027. The applicant anticipates the project will cost approximately $3 million to $4 million. The purpose of a PUD is to encourage comprehensive site planning that is compatible with the surrounding community and that adapts the design of development to the land,by allowing diversification in the relationships of various uses,buildings, structures, open spaces, and yards,building heights, and lot sizes in planned building groups,while still ensuring that the intent of the Zoning Code is observed. The criteria for granting a PUD permit are found in Rule 16-9 in the Planning Commission Rules of Practice and Procedure and are discussed, as applicable,in further detail below: The construction of the project can begin and be completed within a reasonable period of time from the date of approval. According to the applicant, if the PUD permit and associated change of zone request is approved,they will submit a subdivision application for the proposed project by the end of the year (2022) and plan to secure Final Subdivision Approval within five years thereafter(end of 2027). The Planning Director believes that this timeframe is reasonable and will be added as a condition of approval. According to the Zoning Code, the effective date of any PUD permit approved by the Planning Commission with a concurrent change of zone application shall be the effective only when the change of zone ordinance becomes effective. The preceding shall be added as a condition of approval. The proposed development substantially conforms to the General Plan, any adopted community development plan or adopted master plan and, -5- if applicable, any adopted design guidelines and/or standards affecting the project area. 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 proposed change of zone will be consistent with the following goals,policies, and standard of the Land Use-Single-Family Residential and Housing Elements of the General Plan: ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ■ Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. ■ Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, and public need. ■ To ensure compatible uses within and adjacent to single-family residential zoned areas. ■ Incorporate reasonable flexibility in codes and ordinances to achieve a diversity ofsocio-economic housing mix and to permit aesthetic balance between single- family residential structures and open spaces. ■ Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and he stated goals,policies, and standards. ■ Vacant lands in urban areas and urban expansion areas should be made available for residential uses before additional agricultural lands are converted into residential uses. -6- 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 form for areas within the County. Parcel 10 (Lehua Villages 2) is split between a Low Density Urban and a Medium Density Urban designation and Parcel 136 (Lehua Villages 1)is fully designated Medium Density Urban by the General Plan LUPAG map. The Low Density Urban designation allows residential use,with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre and the Medium Density Urban designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential -up to 35 units per acre). The Hamakua Community Development(HCDP)was adopted by ordinance in 2018. The subject properties are located within the Honoka`a designated urban growth boundary and located in an area designated for Low and Medium Density Urban uses by the Honoka`a/Haina Land Use Guide Map, which essentially follows the land use pattern recommended by the General Plan. In addition, the proposed project conforms to several objectives of the HCDP, including concentrating new developments within existing town centers while limiting rural sprawl and providing affordable housing (lots). The subject 14.322-acre project site consists of two irregularly shaped properties, each a little over 7 acres in size,that are separated by Lehua Street. The project site is bordered along the south by the Hawaii Belt Road (Highway 19) and to the north by Lehua Street and its future extension. The project site is currently vacant of any structures or uses with an extensive cover of abandoned sugar cane and various non-native grasses. The project site is situated along the makai side of the Hawaii Belt Road within the urban core of Honoka`a town. To the east lies Tex's Drive Inn, situated on Commercial-zoned lands. In close proximity to the north(makai)lies the Honoka`a Elementary, Intermediate and High School complexes, the Honoka`a Park complex, and -7- the Hale Ho`ola Hamakua medical complex. Immediately to the east of the project along Lehua Street is a recent 8-lot subdivision consisting of lots at least 10,000 square feet in size on lands zoned RS-10. To the immediate west of the project site are vacant lands zoned RS-10. The proposed PUD zoning is consistent with the urban,residential nature of the surrounding community and aims to provide similar characteristics to the older residential subdivisions that are common in this area of Honokaa. Furthermore, proposed residential subdivision is conisitent with the LDU and MDU LUPAG designations of the subject parcels. Additionally, exemptions requested as part of this proposed PUD,will allow the applicant to defray infrastructure costs associated with typical subdivision requirements in order to ensure that 50% of the proposed lots would be offered at affordable rates to prospective buyers. The preceding will be accomplished through the development of an affordable housing agreement between the applicant and the County Office of Housing and Community Development pursuant to Chapter 11 of the Hawaii County Code,that will be executed prior to receipt of Final Subdivision Approval for any portion of the project. This will be added as a condition of approval. Based on the preceding, the proposed PUD request conforms to the goals, policies and standards of the General Plan and the Hamakua Community Development Plan (CDP). Any residential or agricultural development shall constitute an environment of sustained desirability and stability for the district that is in harmony with the character of the surrounding area, that results in an intensity of land use no higher than that otherwise specified for the district, and that maintains the standards of open space at least as high as that otherwise specified for the district in which the development occurs. According to the applicant,Lehua Villages 1 and 2 are presented as a manner that is consistent with single-family residential subdivisions within this particular part of Honokaa town, such as the various phases associated with the Frank Texeira subdivisions, created in the mid-1950s to early 1960s, located to the south of the Project -8- Site along the east(Hilo) side of Pakalana Street. These subdivisions consist of single- family residential lots ranging in size from 10,000 to almost 30,000 square feet along local roadways with 30-foot-wide, grass-shouldered roadways (Kamani, Ohai and Kou Streets). The proposed PUD layout complements the character of these surrounding subdivisions with similar layout and lot sizes,while allowing for creative ways to accommodate topographical and physical constraints of the subject properties while maximizing usable land area, including increasing the road right-of-way to 40 feet (instead of 30 within the surrounding neighborhoods)to allow for more shoulder area for neighborhood-scale landscaping. Additionally, as each subdivision road will not be a through-road, the applicant is proposing an alternative, modified hammerhead turn-around concept in lieu of a more traditional, 90-foot-wide circular cul-de-sac design. This will reduce the land area necessary for vehicle turn-around in the subdivisions and allow a location (including parking)for the clustered mail facilities required in new subdivisions by the US Postal Service. As represented by the applicant, these internal roadways will remain in private ownership and be maintained by the lot/homeowners. The preceding will be added as a condition of approval. The PUD Master Plan also shows a minimum 10-foot-wide pedestrian access pathway corridor, consisting of approximately 4-foot-wide pavement, connecting the end of each cul-de-sac to Lehua Street meant to allow pedestrian access to the Honoka`a park complex makai of the subject parcels. These pathways are intended to be incorporated into an easement,with their maintenance responsibilities falling with a homeowner's association. The proposed exceptions to allow the modified hammerhead turn-around, reduced roadway turn radii and roadway grades beyond current allowable standards (up to 20% grade for short sections of roadway) should be reviewed by the Fire Department to ensure public safety and compliance with the County's Fire Code,however,the Fire Department does not typically review roadway construction plans. Based on the preceding, a -9- condition of approval will require construction plans to be submitted to the Fire Department for review prior to issuance of Final Subdivision Approval. Finally,the current RS-10 zoning would allow a mathematical density of 60 lots over the two subject parcels,however, if the concurrent downzone request to RS-15 is successful,this would reduce the allowable density to 40 lots,which is consistent with the proposed 40-lot PUD. The development of a harmonious, integrated whole justifies exceptions,if required, to the normal requirements of Chapter 23 and Chapter 25, Hawaii County Code 1983 (2016 Edition, as amended), and the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. If applied as written, standards included in the Zoning and Subdivision Codes would limit the number of lots and their usability in an area where both the General Plan and HCDP call for focusing residential development and growth in Honoka`a, close to existing public facilities and places of employment. Additionally, given the topographical and physical constraints of the subject properties, all of the requested exceptions were carefully considered to enhance lot design and maximize the property's features to be complementary to existing surrounding land uses, including similarly designed,residential subdivisions in the immediate vicinity. Finally, based on consultation with the Planning Department's Administrative Permits Division (the division that previously processed PUD applications), the Director is comfortable recommending approval of the entire slate of exceptions, as there were no significant concerns with what was proposed. It should be noted that the 40-lot subdivision will still be required to go through a formal subdivision process and will be subject to all other requirements of the Zoning and Subdivision codes, less the exceptions requested here. The request will not have a signnificant adverse impact to traditional and customary Hawaiian Rights. 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 -10- 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 professional archaeological, cultural studies, or flora/fauna studies were conducted on the subject properties as they have been heavily physically altered and used for intensive sugar cane cultivation for decades. According to the applicant, it is unknown if the subject property or immediate surrounding area was used in the past for the gathering of plants by Native Hawaiians. According to the applicant, vegetation on the subject properties primarily consists of abandoned sugar cane with a mix of non-native grasses and pockets of ironwood trees. Observed fauna include introduce bird species such as dove, Japanese White-eye,house finch and myna that are common in the surrounding area, as well as domestic animals such as cats, dogs, goats, chickens, rats, and feral pigs. The valuable cultural,historical, and natural resources found in the rezoning area: According to the applicant,the subject properties have been previously used for intensive sugar cane cultivation for decades. Furthermore,the properties are situated approximately 1.8 miles from the nearest shoreline,thus it is unlikely that any valuable cultural, historical, or natural resources are located on the subject parcels. Finally,given the preceding and the urban nature of the surrounding area, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the site. Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration, but this is unlikely as no native plants have been observed on the site. The subject property does not abut the shoreline,therefore Hawaiian gathering and fishing rights is not an issue. 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. Based on the preceding, it is believed that the project would have no adverse impact relative to the archaeological, cultural, or historical resources of the area. To the -11- extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. Lastly,this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), compliance with DLNR-SHPD requirements, 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 considerations, it is recommended that the request for a PUD permit(including all of the requested exceptions to the Zoning and Subdivision Codes)be approved by the Planning Commission. Approval of this request is subject to the following conditions: 1. The applicant(s), its successor(s), or assign(s) ("Applicant") shall be responsible for complying with all of the stated conditions of approval. 2. The effective date of this Planned Unit Development(PUD) permit shall be the effective date of the approved ordinance generated by the concurrent change of zone request(PL-REZ-2022-000028). 3. The Applicant shall comply with all conditions of the approved ordinance generated by the concurrent change of zone request(PL-REZ-2022-000028). 4. The proposed PUD shall be developed in a manner that is substantially representative of the plans and details contained within the PUD application dated April 8, 2022, any supplemental material, and representations made before the Windward Planning Commission. -12- 5. Final Subdivision Approval for the entire project shall be secured within five (5) years from the effective date of this ordinance. 6. All building heights shall comply with the requirement of the Single-Family Residential zoning district. 7. The Applicant shall consult with the Hawai`i County Fire Department to ensure conformance of roads,water, and turn-around areas for emergency and firefighting purposes within the PUD site to meet the minimum requirements of the Fire Code. Besides the DPW and DWS, construction plans shall also be submitted to the HFD for review. 8. As represented by the Applicant, 50% of the proposed 40-lot PUD project shall be set aside for affordable housing, in accordance with mutually agreeable terms between the Applicant and the County Office of Housing and Community Development, using the provisions of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. Said agreement shall be executed prior to receipt of Final Subdivision Approval of any portion of the project. 9. Restrictive covenants in the deeds of all proposed lots fronting the private roadways shall require the homeowners of said lots to maintain the private cul-de- sac roadways. 10. The Applicant shall record a declaration affecting all proposed units within the PUD which shall give notice that the terms of this PUD approval shall prohibit the construction of a second dwelling unit and/or condominium property regimes on each lot. The proposed declaration is to be recorded with the Bureau of Conveyances by the applicant at their cost and expense. A copy of the recorded document shall be forwarded to the Planning Department. 11. 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- -13- 765 1. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 12. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this permit. The report shall include, but not be limited to,the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required. 13. Should the Applicant require additional an extension of time or to amend a condition of approval,the applicant may submit a request pursuant to Section 25-6-14 (Time Extensions and Amendments), Hawaii County Code. 14. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director shall initiate procedures to revoke this PUD permit. -14-