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HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2022-000030) RWungREZ.mp.11-28-2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION MATTHEW C. WUNG AND ERIC J. WUNG CHANGE OF ZONE APPLICATION NO. PL-REZ-2022-000030 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request 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 applicants are requesting a Change of Zone from an Agricultural-3 acre (A-3a) zoning district to a Single-Family Residential-15,000 square feet(RS-15) zoning district for 3.1285 acres of land. The purpose of this request is to subdivide the property into five lots ranging in size from 20,080 to 45,363 square feet. However, based on the size of the lot and the proposed RS-15 zoning, up to nine lots could be created through subdivision. According to the applicants, one lot will be designated to each of the two owners and the remaining three lots will be owned by the applicants as part of their plan of distribution. The applicants anticipate the Change of Zone process to take approximately six months and the subsequent subdivision process to take another six months. The applicants expect costs of both processes to include consultant and attorney's fees and costs, filing and application fees, surveyor's expenses, installation of water infrastructure, and other incidentals. 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. -1- The change of zone request from an Agricultural-3 acre (A-3a) zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district conforms to applicable goals, policies, and standards of the General Plan. The subject, 3.1285-acre property is mostly rectangular in shape with a narrowed rectangular segment on the southern portion of property, located at 862 West Kawailani Street, and contains five structures. The existing permitted one-bedroom residential dwelling was completed in 1973 and remains occupied, along with a permitted open carport which was built in 1991. There are also two other garages and a frame utility shed on the property. The garages were built in 1955 and 1992. The utility shed was built in 1992. The property has been held by four generations of the applicants' family since the 1900s. Surrounding lands to the north, northwest, and south are zoned Agricultural 3- acre (A-3a) and each contain dwellings. West of the subject property is an undeveloped 6-acre parcel zoned Single-Family Residential 10000-square feet(RS-10). To the east there is a Department of Water Supply water tank facility and a residential subdivision zoned Single-Family Residential 15,000-square feet(RS-15). According to the Zoning Code, the Single-Family Residential (RS) zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having adequate facilities to carry out the above stated purpose. Thus, the proposed five lot subdivision with lots ranging in size from 20,080 to 45,363 square feet is consistent with the proposed zoning and surrounding land use pattern. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals,policies, and standards of the General Plan Land Use Element: -2- ■ 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 requests 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. ■ Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals,policies, and standards. 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. The proposed RS-15 zoning conforms to the LUPAG Map that designates the subject property as Low Density Urban (ldu), which allows for residential uses, with ancillary community and public uses as well as neighborhood and convenience-type commercial uses. The overall residential density may be up to six (6)units per acre. Based on the preceding,proposed RS-15 zoning would effectuate an increase in density that would be consistent with the LUPAG designation and the land use pattern of the surrounding area. In addition, the subject property is located in the Hilo Community Development Plan (HCDP) area as adopted in 1975. The Land Use Concept Map of the HCDP reflects RS-10 and RS-15 zoning for this area, which is consistent with the proposed change of zone for the subject property. All essential utilities and services are available to the site. The subject property is currently accessed via West Kawailani Street, a county-owned and maintained paved roadway within a 40-foot-wide right-of-way fronting the property. The City of Hilo Zone Map proposes a 60-foot-wide future road right-of-way for Kawailani Street in this area, therefore, a 10-foot-wide future road widening strip along the frontage of the subject property will be required. The applicants are proposing access to four of the five proposed lots to be by way of South Kumuwaina Place, also a county-owned and -3- maintained paved roadway, with the fifth lot maintaining current access by way of West Kawailani Street. The Department of Public Works (DPW)notes that all driveway connections and construction within the Kawailani Street and South Kumuwaina Place right-of-way shall conform to Hawaii County Code and access shall meet DPW approval. DPW recommends that the applicants provide improvements to the subject property's Kawailani Street frontage within the established future road widening setback meeting the approval of DPW. Conditions of approval will be added to address the preceding. Given the small scale and scope of the project, a TIAR was not performed. According to the applicants, the proposed change of zone and 5-lot subdivision is expected to generate much less than the 50 peak-hour trip benchmark in the concurrency section of the zoning code. According to the Department of Water Supply (DWS), water service can be made available to the subject property from an existing 6-inch waterline along Kumuwaina Place and an existing 8-inch waterline along Kawailani Street. Conditions of approval will require the applicants to pursue and maintain water commitment until such time as the required water facilities charges are paid in full and that final subdivision approval will be subject to compliance with the requirement to constrict any necessary water system improvements. The subject property is not currently serviced by the County sewer system. The applicants notes that there is no municipal sewer service to the property and that individual wastewater systems will be necessary for any new residential construction. Any new individual wastewater systems will meet requirements of the Department of Health regulations. The preceding will be added as a condition of approval. Solid waste will be disposed of at authorized transfer stations, all essential utilities are available to the property and the closest police, fire and medical facilities are located nearby in Hilo. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The subject property is in an area designated as Zone "X, an area determined to be outside the 500-year flood plain, on the Flood Insurance Rate Map (FIRM)by the Federal -4- Emergency Management Agency (FEMA). A condition of approval will be added to require that all development generated runoff will be disposed of on site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing, and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the proposed change of zone meets this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over two (2) miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazards 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, historic resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa`akai O Ka Aina" decisions, the issue relative to Native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. ■ Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided recommendations to mitigate potential impacts on endangered or threatened species that may occur in the project area, specifically the `Ope`ape`a(Hawaiian Hoary Bat), `Io (Hawaiian Hawk), Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot(Fulica alai), Hawaiian Duck (Anas wyvilliana), and Hawaiian Goose (Branta sandvicensis), in addition to minimizing the spread of invasive species. A condition of approval will be included to address the recommendations provided by DOFAW. ■ The valued cultural, historical, and natural resources found in the rezoning area: According to the applicants, the majority of the property has remained vacant and -5- historically used for occasional pasture and an occupied one-bedroom dwelling. There are no known valued cultural, historical, and natural resources to be found in the rezoning area. The Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD)provided no objections to the requested change of zone application but does request the opportunity to review any future permit applications that may involve ground disturbance for lots created within the current parcel. ■ Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments that will occur to any valued resources. ■ Feasible actions to protect native Hawaiian rights: As stated by the applicants, 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. However, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject property. 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 preceding findings, the request to rezone the property from an Agricultural-3 acre (A-3a)zoning district to a Single-Family Residential-15,000 square feet (RS-15) zoning district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- �Mti(OF h{ �p COUNTY OF HAWAI`I STATE OF HAWAI`I BILL NO. ORDINANCE NO. <Planning Department> AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO 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—THREE ACRES (A-3a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HILO, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-4-003:035 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-33, 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 Hilo, South Hilo, Hawaii, shall be Single-Family Residential— 15,000 square feet(RS-15): Beginning at the southeast corner of this parcel of land, being the south corner of Tank and Reservoir Site and on the north side of Kawailani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAP'being 12,214.50 feet South and 1,386.80 feet East, thence running by azimuths measured clockwise from True South: 1. 850 40' 85.00 feet along Kawailani Street; 2. 1750 40' 277.45 feet along Lot A-2, a portion of Grant 10,897 to Leopold F. Stememann or Heirs; 3. 850 40' 157.00 feet along Lot A-2, a portion of Grant 10,897 to Leopold F. Sternemann or Heirs; -1- 4. 1750 40' 465.68 feet along Lot 619-A-1 and Lot 619- A-2, being portions of Grant 10,897 to Leopold F. Sternemann or Heirs; 5. 2650 40' 242.00 feet along Lot A-1-B; 6. 3550 40' 743.13 feet along Komohana Estates, Increment 2 and Tank and Reservoir Site, to the point of beginning and containing an area of 3.1285 Acres, more or less. All as shown on the map attached hereto, marked Exhibit"A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, 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. SEE ATTACHED 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- CWungREZ.11.28.2022 MATTHEW C.WUNG AND ERIC J.WUNG CHANGE OF ZONE APPLICATION NO. PL-REZ-2022-000030 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. The Applicant shall remit a water commitment fee to the Department of Water Supply (DWS)within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. Prior to issuance of Final Subdivision Approval, the Applicant shall construct necessary water improvements meeting with the approval of the Department of Water Supply. D. Final Subdivision Approval for the proposed subdivision shall be secured within rive (5)years from the effective date of this ordinance. E. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control of the Hawaii County Code. F. All driveway connections and construction within the Kawailani Street and South Kumuwaina Place right-of-way shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Kawailani Street and South Kumuwaina Place, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. G. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. Prior to the construction of any proposed structures, the Applicant shall prepare a drainage study and construct a drainage system meeting with the approval of the Department of Public Works. H. The Applicant shall provide improvements to the subject property's Kawailani Street frontage meeting with the approval of the Department of Public Works. The improvements shall be located within a 10-foot-wide road widening strip -1- along the Kawailani Street frontage of the property which shall be subdivided and provided at no cost to the County,prior to Final Subdivision Approval. I. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The Applicant shall be responsible for the design,purchase, and installation of such devices. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K. 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 department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) 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. L. Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of Department of Land and Natural Resources- Division of Forestry and Wildlife and/or the United States Fish and Wildlife Service. 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, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and shall be based on the actual number of additional residential lots created. The fair share contribution in a form of cash, land, facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three (3)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 maximum combined value of$15,636.59 per -2- single family residential lot. The fair share contribution per single family residential unit shall be allocated as follows: I. $7,540.24 per residential lot to the County to support park and recreational improvements and facilities; 2. $363.74 per residential lot to the County to support police facilities; 3. $718.44 per residential lot to the County to support fire facilities; 4. $314.54 per residential lot to the County to support solid waste facilities; and 5. $6,699.63 per residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the Applicant 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 pursuant to Section 2-162.1(a) of Hawaii County Code. 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. 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, Hawai`i 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. P. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules,regulations, and requirements for the proposed development, including the Fire Department, Department of Public Works, Department of Water Supply and Department of Health. -3- Q. 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 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 Applicant should require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. R. 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. -4- R -15 R5- 5 A- a D D A a z EDENA ST D AGRICULTURAL-3 ACRE r (A-3A)TO SINGLE-FAMILY R -15 RESIDENTIAL-15,000 5- 5 SQUARE FEET(RS-15) PS-15 3.1285ACRES A-3a R5-1 N C Cm R v R - z v A-3a r A-3a R5- 5 R5-15 R -15 R -15 A- a PS-10 12,214.50'S 1,386.80'E °HALAI" A-3a R5 PS 15 PS 15 W KAWAILANI ST 5-1 5-1 R -15 PS-10 PS 15 R5-15 R PS RS- � c c O m z — Cn D -I Rs-10 PS-10 R5- 5 -10 0 RS R5-15 UIL KUHIKUHI ST Feet 0 400 800 1,200 1,600 2,000 AMENDMENT TO THE ZONING CODE. AMENDING SECTION 25-8-33 (CITY OF HILO 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 DISTRICT (A-3A) (MINIMUM BUILDING SITE OF 3 ACRES) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (RS-15) (MINIMUM BUILDING SITE AREA OF 15,000 SQUARE FEET) AT HILO, SOUTH HILO, HAWAH. MAP PREPARED BY: TMK: 3 2-4-003:035 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:October 10,2022 Matthew&Eric Wung EXHIBIT"A" Map: 1447