Loading...
HomeMy WebLinkAbout2021-11-23 PD RECOMMENDATION REPORT (REZ-21-000248)RCravalhoREZ.11.23.2021 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION DWAYNE CRAVALHO CHANGE OF ZONE APPLICATION (REZ 21-000248) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone requests be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from an Agricultural-20 acres (A- 20a) to a Village Commercial-7,500 square feet (CV-7.5) zoning district for approximately 7,544 square feet of land. If the change of zone is approved, the applicant plans to develop an open area able to accommodate at least one (1) food truck and associated temporary seating/eating area using portable tables and chairs. Additional proposed improvements include construction of paved driveway access to Hoea Road, a minimum two (2) car paved parking area, installation of a hose bib (spigot) for potable water needs if necessary, and the use of portable toilets. The applicant proposes operation of the site daily, with flexible hours of operation to adjust to demand. Due to the convenient and visible location at the western edge of the Hawl Town commercial core, the applicant desires to establish a similar commercial use on the property. However, the limited size and awkward configuration of the subject parcel limits the scope and type of commercial structures and uses that could be placed on the property given typical yard setback, parking and wastewater disposal requirements. Given these limitations, the applicant does not have any specific plans at this time to develop permanent structures on the subject property, thus the applicant is seeking the change of zone to allow for the proposed food truck operation. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an A-20a to a CV-7.5 zoning district conforms to applicable goals, policies and standards of the General Plan and the North Kohala Community Development Plan (CDP). The Land Use Pattern Allocation Guide Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban forms for areas within the County. Upon the Director's interpretation, the project area is designated as Medium Density Urban (mdu). The mdu designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential — up to 35 units per acre). Thus, the requested zoning would be consistent with the LUPAG Map. In addition, the proposed CV-7.5 zoning is consistent with the following Land Use goals, policies and standards of the General Plan: ■ Provide for commercial developments that maximize convenience to its users. ■ Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, community's and neighborhoods. ■ Encourage the concentration of commercial uses within and surrounding a central core area. -2- ■ Preference shall be given to commercial lands with a reasonably level topography. The subject, 7,544 square foot property is situated at the northeast corner of the Hoea Road and Akoni Pule Highway intersection. The property is triangular in shape with approximately 120.83 feet of frontage along Hoea Street and 133.33 feet along a State of Hawai `i remnant lot which borders Akoni Pule Highway. The topography is fairly level. The property is currently vacant of any structures or other improvements and has been cleared and maintained. According to the applicant, it appears that an existing garage constructed on the adjoining parcel to the east is extending into the subject property by approximately five (5) feet. The applicant is in the process of resolving this encroachment issue with the neighbor. The subject property falls within the North Kohala Community Development Plan (NKCDP) and a goal of the General Plan land use element for North Kohala encourages the concentration of commercial uses within Hawi and Kapa`au towns. Similarly, the NKCDP seeks to direct future urban growth within or near town centers. The subject property is located within the Hawi town center, adjacent to other CV -zoned land to the east which is the home of the North Kohala Community Resource Center (Kohala Welcome Center). The proposed change of zone would achieve these goals by complementing the existing nearby commerical land uses and providing for an orderly development of the area. Given the subject propertyes unique size and location, the applicant will need to provide on -site parking and front yard landscaping as required by the Zoning Code. There are no landscaping requirements for parking lots with less than five (5) spaces and no bufferyard requirements for the subject property to adhere to as the adjacent parcels to the east and south are zoned CV and A. A condition of approval will require landscaping be placed along the property's Hoea Road to comply with the Zoning Code. To address the concerns made by the State Department of Transportation, Police and numerous letters of public testimony the Director is recommending landscaping be placed along the property's south and east boundary to minimize any potential nuisances that the proposed development may create. Such buffer yard landscaping will also alleviate any unwanted -3- parking along Akoni Pule Highway. Based on the preceding, a condition of approval has been added to require landscaping along the south and east boundary of the subject property. Additionally, the applicant will provide basic infrastructure needed to support commercial uses such as fire suppression measures. Thus, the applicant's request is consistent with surrounding land uses and zoning and the goals, policies and standards of the North Kohala Community Development Plan, General Plan and Zoning Code. The change of zone from A-20a to a CV-7.5 zoning district will not result in a substantial adverse impact upon the surrounding area, community or region. The subject, 7,544 square foot property is situated at the northeast corner of the Hoea Road/Akoni Pule highway intersection and is triangular in shape. The property is currently vacant of any structures or other improvements and has been cleared and maintained. The property directly adjacent to the subject property and to the east is the home of the North Kohala Community Resource Center (Kohala Welcome Center). The property directly adjacent to the south is a Remnant Lot "J" that is owned by the State of Hawaii and is currently zoned A-20a. There is a mixture of residential, village commercial and agricultural zoning and uses in the area. Surrounding properties on all sides and in the general vicinity consist of Residential -zoned lands (RS-15) while further beyond are properties primarily zoned for Agricultural uses. Immediately adjacent to the east and across Akoni Pule Highway, on a parcel that is zoned RS-15 is the Sacred Heart Catholic Church and the Seventh Day Adventist Church is about 430 feet from the subject property to the east. Approximately 115 feet from the subject property is a 2.9-acre parcel that was zoned for Limited Industrial uses (ML-20) in 1972 to accommodate the County's Highway Maintenance Division operations. The Planning Department has received multiple written testimony in opposition to the proposed project associated with the Change of Zone application. The two main issues that were presented in these testimonies is opposition to the establishment of two (2) food truck operations on a small lot, as well as traffic concerns and site distance concerns. In response to the public testimony received concerning the operation of the -4- food truck operation the applicant has elected to operate only one food truck in hopes of also decreasing the amount of traffic that would access the subject property. Additionally, the applicant is proposing to work with their engineer to design more parking on -site to minimize potential parking on the adjacent Remnant Lot "J". Furthermore, the Director has recommended conditions of approval for landscaping requirements in an effort to deter visitors from parking within the adjacent Remnant Lot "J". All essential utilities and services are available to the site. The project site has frontage along Hoea Road which is a, minor collector road that is owned and maintained by the County with a roughly 20-foot-wide pavement and unimproved shoulders within an approximately 40-foot-wide right-of-way. The General Plan describes minor collector roads such as Hoea Road, as local streets used as through -streets within commercial and industrial areas and requires a minimum right-of-way of 60 feet. Based on the preceding, a condition requiring a 10-foot future road widening from Hoea Road has been added The property has no direct access to Akoni Pule Highway as there is a remnant parcel "J", which belongs to the State of Hawaii Department of Transportation (DOT) between the highway and the subject parcel. Based on the proposed zoning, the Department of Public Works (DPW) recommends that access to the project shall conform to Chapter 22, County Streets, of the Hawai `i County Code and shall include adequate site distances. Additionally, the applicant shall install streetlights and traffic control devices as may be required by the DPW -Traffic Division and shall be responsible for the design, purchase, and installation of such devices along Hoea Road. The preceding will be added as conditions of approval. Furthermore, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's entire Hoea Road frontage consisting of a pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation meetings with the requirements of the Americans with Disabilities Act. The Applicant finds that imposing these roadways improvements is excessive and disproportional to the small scope of the proposed food truck use and the small land area requested to be rezoned. The nearest sidewalk fronting commercial -zoned properties is located at least 630 feet to the east of the property -5- fronting the main part of the Hawi commercial core. The Planning Director agrees with the applicant's reasons for not requiring frontage improvements and therefore is not recommending adding conditions for roadway improvements. Due to the subject property's close proximity to the State of Hawaii Remnant Lot "J" and Akoni Pule Highway, the Department of Transportation has concerns with unwanted parking patterns along Akoni Pule Highway as well as the location of the access driveway creating possible traffic issues. Based on the preceding, a condition for landscaping requirements along the property's southern boundary and directly adjacent to the Remnant Lot "J" will be required. Furthermore, a condition in which the applicant be required to construct the access driveway as far from Akoni Pule Highway as most feasible possible will also be required. Due to the subject property's size which limits the possible proposed uses for the subject property, the proposed change of zone is not anticipated to generate over fifty trips. Therefore, no traffic recommendations are being made at this time. County water is available from an existing 5/8-inch meter. The Department of Water Supply (DWS) is requiring the applicant to improve the water system to provide the required fire flow for the commercial zoning. Lastly, DWS will require the installation of a reduced pressure type backflow prevention assembly within five (5) feet of the meter on the subject property. The preceding will be added as conditions of approval. As there is no municipal sewer system in the area, wastewater will be disposed of into portable toilets for the proposed food truck operation. If another use is developed on the property, an individual wastewater system meeting with the requirements of the State Department of Health will be required. Solid waste will be disposed of by commercial haulers into an approved landfill. Should this rezone be approved, the applicants could potentially apply for multiple dwelling units for the subject property. Based on the preceding, a condition of approval will require the applicant or successor to pay a fair share contribution to mitigate potential regional impacts from the development of multiple units. Electrical and telephone services are available to the subject property. Police, fire and medical services are located nearby in Kapa`au. -6- There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the property is located in Zone "X", or "Area of Minimal Flood Hazard" and it is not known to be prone to flooding. DPW requires that all development generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The preceding will be added as conditions of approval. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over 1.5 miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. As the subject property has been previous cleared and has been maintained for years, and given the developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. There are no known archaeological resources on the subject property as it was extensively cleared and has been maintained as a landscaped entryway into Hawl town -7- since 1990. Furthermore, there are no known customary native Hawaiian cultural resources, customs or practices on the subject site. Finally, the applicant does not anticipate any significant land alterations to support the food truck use and by letter dated July 14, 2021, the State Historic Preservation Division determined that no historic properties would be affected by the proposed project. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock wall, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the request to rezone the property from an Agricultural-20 acres (A-20a) to a Village Commercial-7,500 square feet (CV-7.5) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-9 (Hawi-Kapa`au Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -8- COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAI `I BILL NO. (Planning Dept.) AN ORDINANCE AMENDING SECTION 25-8-9 (HAWI-KAPA`AU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20,000 SQUARE FEET (A-20a) TO VILLAGE -COMMERCIAL — 7,500 SQUARE FEET (CV-7.5) AT KA`AUHUHU, NORTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 5-5-009:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-9, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ka`auhuhu, North Kohala, Hawaii, shall be Village -Commercial — 7,500 square feet (CV-7.5): Beginning at a 1/z inch pipe (set) at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Remnant "J" (Government Land) (State of Hawaii) and being a point on the Easterly side of Hoea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PU`U O NALE" being 13,699.52 feet North and 3,354.04 feet East and running by azimuths measured clockwise from True South: 180' 28' 120.83 feet along the Easterly side of Hoea Road to a 1/z inch pipe (set); 2. 323 ° 47' 209.00 feet along the remainder of Royal Patent 6292, Land Commission Award 10,575 to Lonoheana (TMK: 3/ 5-5-009: 018) to a spike (set); -1- 111 ° 00, 133.33 feet along the Northerly side of Remnant "J" (Government Land) (State of Hawaii) to the point of beginning and containing an area of 7,544 square feet. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -2- SECTION 4. This ordinance shall take effect upon its approval. Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I -3 - MavalhoREZ.11.23.21 DWAYNE CRAVALHO CHANGE OF ZONE APPLICATION (REZ 21-000248) CONDITIONS OF APPROVAL A. The applicant(s), its successor(s) or assign(s) ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. A ten (10) foot wide future road widening setback along the property's Hoea Road frontage shall be delineated on any plans for development of the property. Upon the request of the Department of Public Works, the applicant shall subdivide the land encumbered by the future road widening and shall dedicate it to the County of Hawaii at no cost. C. Construction of the proposed development, as substantially represented by the Applicant, or as permitted by its zoning district classification, shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to all adjacent properties that shall provide a minimum 10 foot wide landscape strip to be planted with a minimum of one (1) tree and 10 shrubs per 35 linear feet along the property's boundary in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawaii County Code. D. The Applicant shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. E. The Applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for commercial zoning. F. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. G. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. H. All parking for the property shall be provided on -site. Parking within TMK 5-5- 009:045 (Remnant J) and the Hoea Road and Akoni Pule Highway rights -of -way is prohibited. L Access to the property shall be limited to Hoea Road and shall be located as far away from Akoni Pule Highway as practicable. All driveway connections to Hoea Road shall conform to Chapter 22, County Streets, of the Hawaii County Code, including the provision of adequate sight distances, and shall meet with the approval of the Department of Public Works. J. The Applicant shall be responsible for the design, purchase, and installation of streetlights and traffic control devises as may be required by the Traffic Division, Department of Public Works. K. The method of sewage disposal shall meet with the requirements of the Department of Health. L. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933- 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. The Applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, -2- police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval, and shall be based on the actual number of additional residential units created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $9,662.28 per multiple family residential unit ($15,057.57 per single family residential unit). The total amount shall be determined with the actual number of residential units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $4,766.13 per multiple family residential unit ($7,261.03 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $150.63 per multiple family residential unit ($350.27 per single family residential unit) to the County to support police facilities; 3. $463.37 per multiple family residential unit ($691.83 per single family residential unit) to the County to support fire facilities; 4. $206.52 per multiple family residential unit ($302.89 per single family residential unit) to the County to support solid waste facilities; and 5. $4,075.63 per multiple family residential unit ($6,451.55 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. -3- N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including but not limited to the Fire Department, Department of Public Works, Department of Water Supply, Department of Environmental Management and Department of Health. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. N ML-20 PS-15 TO M ahukOna R5- 5 RS-15 71 L-20 0 Q w O 2 PS-15 PS-15 CV-10 PS-15 13, 699.52' N 3, 354.04' E CV-10 � 'PUU O NALE" r CV-10 -2 Akolvi pUt� NWY PS-15 AGRICULTURAL (A-20a)TO PS-15 VILLAGE -COMMERCIAL (CV-7.5) 7,544 SQ. FT. 0 w PS-15 PS-15 PS-15 TO Kapaau Feet 0 100 200 300 400 500 CV-10 I J JT Z AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-9 (HAWI-KAPA'AU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO VILLAGE -COMMERCIAL (CV-7.5) AT KA'AUHUHU, NORTH KOHALA, HAWAI'I MAP PREPARED BY: TMK: (3) 5-5-009:019 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE: July26, 2021 EXHIBIT "A" Dwayne Cravalho Map: 1427