HomeMy WebLinkAboutPD Recommendation Report HICDC (PL-REZ-2023-054) RMCDCKohalaREZAmend.1.23.2024
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10 101
(PL-REZ-2023-000054/AMEND REZ 2009-000112)
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. 10 101 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 a 5-year time extension to Condition C (Final
Subdivision Approval) of Ordinance No. 10-101, which reclassified approximately 18.38
acres of land from an Agricultural 20-acre (A-20a)to a Single Family Residential-15,000
square foot(RS-15), Single Family Residential-10,000 square foot(RS-10), Single
Family Residential-7,500 square foot(RS-7.5) and Open zoning districts.
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. Between 2006 and
2010, the applicant successfully developed Phases 1 and 2 of the `Kumakua Self Help
Housing' project. These phases consisted of developing 44 self help house lots and
homes on approximately 15 acres of land directly mauka of the subject properties.
According to the applicant, the HICDC mutual self help housing program is
financed through the USDA Rural Development 502 Direct Loan program. These loans
are affordable for, and only available to households at 80 percent of the median income
or below. Following the close of the loan the families work in groups of 10 to 11 to
perform 65% of the labor involved in constructing the homes. The homes are built
together, all families work on all the homes and no one moves in until all of the homes
are complete. HICDC assists the families in qualifying for the loan, secures the permits
and subcontractors, and has an on-site construction supervisor to guide the construction
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process. This process has been used to complete more than 300 homes on the Big Island,
including 44 in the first 2 phases of this project.
In 2010, the applicant successfully rezoned the subject properties to develop
Phase 3 of the project consisting of an additional 32, minimum 10,000-square-foot house
lots, one 8.12-acre bulk lot, a road lot, and related infrastructure. However, the applicant
became concerned about the economic outlook of North Kohala residents given the
impacts of the 2008-2009 great recession and had significant difficulty recruiting
applicants who were interested in self help housing in North Kohala and who met the
income and credit requirements to qualify for the required mortgage. This made the
applicant reticent to borrow the $4 million in funds to construct Phase 3 of the project.
However, given the passage of time and the post-pandemic economic recovery, those
concerns have receded, and the applicant has the financing lined up to proceed with the
subdivision, as is evidenced by the fact that the applicant has already prepared and
submitted a subdivision application in 2023, but was informed that the time to secure
Final Subdivision Approval had expired.
Moreover, since the rezoning was approved in 2010, the applicant, which is a
non-profit, affordable housing development organization, has successfully developed
several self help housing projects (88 units) and senior rental housing projects (202 units
island wide), with an additional 100-unit family rental project under construction to be
complete in October 2024.
While the applicant is only requesting a 5-year time extension, the Planning
Director recommends providing a 10-year time extension to accommodate any
unanticipated complications in finalizing the proposed subdivision that may occur and to
ensure that this sorely needed affordable housing is provided in North Kohala. Conditions
of approval will require the applicant to develop the self help housing as represented and
in conformance with an executed affordable housing agreement with the Office of
Housing and Community Development.
Based on the reasons provided it is determined that the applicant could not have
foreseen the conditions which were beyond their control and were not the result of their
fault or negligence.
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Granting of the time extension amendments would not be contrary to the
General Plan, Community Development Plan or Zoning Code. 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 request continues to conform to the LUPAG Map, which designates
the property as Low Density Urban and allows for single-family residential, with
ancillary community and public uses, and neighborhood and convenience-type
commercial uses and the overall residential density may be up to six units per acre. The
applicant is proposing to develop Phase 3 of an affordable housing project with single
family dwellings to address the demand for affordable housing in North Kohala. This
time extension request will facilitate the continued development of a concentration of
urban activities occurring in an orderly manner for this area. Therefore, it is determined
that the request is consistent with the urban form depicted on the LUPAG Map for this
area of North Kohala.
Moreover, the North Kohala Community Development Plan states that, "self-help
homes and other affordable housing projects should be located on lands that are within
the Low Density Urban areas on the LUPAG map. " In North Kohala, the Village
Centers ofHawi, Kapa`au, Halawa and Niuli`i are designated Low Density Urban."
Ordinance No. 10-101 rezoned the area from A-20a to RS-7.5, RS-10, RS-15, and
Open and the proposed subdivision will fit these designations and will be developed
consistent with requirements of the Zoning and Subdivision Codes.
Based on the preceding, the granting of the time extension amendment would not
be contrary to the General Plan, Community Development Plan or Zoning Code.
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.
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Access to the rezone area is from the Akoni Pule Highway, a State-owned
highway with an approximate 38-foot pavement and paved shoulders within an 80-foot
right-of-way via Kumakua Road and Ho`oko Road, County-owned roadways consisting
of 32 feet of roadway pavement and concrete curb, gutter, and sidewalk within a 42-foot
right-of-way. According to the applicant, the proposed Phase 3 roadways will be
similarly constructed to these standards, which are permitted under a roadway variance
granted in 2023. The applicant plans to dedicate these roadways to the County like they
did for the for the first two phases. The preceding will be added as a condition of
approval.
The Hawaii Department of Transportation (HDOT) has no objection to the time
extension, however the HDOT Airports Division provided comments addressing
requirements of the Federal Aviation Administration (FAA) since the proposed project is
located approximately 2.46 miles from the boundary of the Upolu Airport.
Thirty-three (33) units of County water are available for the project and the
applicant has secured water commitments until October 31, 2024. A condition of
approval will require the applicant to maintain active water commitments until such time
as the facilities charges are paid and for the applicant to construct required water system
improvements, including but not limited to new, minimum 8-inch water mains capable of
delivering adequate pressure and volume under peak-flow and fire-flow conditions,
service laterals that will accommodate 5/8-inch water meters to each lot, and fire hydrants
prior to issuance of Final Subdivision Approval.
There is no County Sewer in the area, thus individual wastewater systems meeting
with the approval of the State Department of Health will be utilized.
There are no municipal solid waste collection services in the County. Solid waste
will be disposed of at an authorized landfill by commercial haulers or individual
homeowners. A condition of the existing ordinance requires the applicant to submit a
Solid Waste Management Plan to the Department of Environmental Management for
approval prior to receipt of Final Subdivision Approval.
Lastly, existing conditions of approval require the applicant to secure approval of
a drainage study from the Department of Public Works prior to issuance of a construction
permit and that the applicant will be required to construct any recommended drainage
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improvements,prior to issuance of Final Subdivision Approval.
The request is not contrary to Chapter 205A,Hawaii Revised Statutes,
relating to Coastal Zone Management. The project site is located over one mile 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
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, however, during the original
rezoning process in 2009, the Department of Land and Natural Resources— State Historic
Preservation Division (SHPD) determined that"no historic properties will be affected by
this project" after a SHPD staff archaeologist conducted site visits for all development
phases of the project.
The valued cultural, historical, and natural resources found in the rezoning area:
As mentioned above, SHPD determined that no historic properties would be affected.
Furthermore, as the site has been historically utilized for sugar cane cultivation and for
cattle grazing. The predominant vegetation type on the property is characterized as
pastureland comprised of a mixed grass and herb association with scattered shrubs. The
vegetation of the site is dominated by introduced or alien species with no candidate,
proposed, or listed threatened or endangered species identified. Fauna resources
including the Short-eared Owl or Pueo and the Hawaiian Hawk or `Io are known to the
area and are commonly found in open grasslands and agricultural lands in Kohala. In a
letter dated October 17, 2005, the DLNR Division of Forestry and Wildlife had no
objections to the project, with no further need for consultation.
There are no known features of cultural importance, there is no known history of
traditional practices associated with the property, nor is there any record of a designated
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public access to the shoreline or mountain areas that traverses the property.
Possible adverse effect or impairment of valued resources: There is no evidence
of any possible adverse effects or impairments will occur to any valued resources.
Feasible actions to protect native Hawaiian ri _ghts: ThThere is no evidence of any
valued cultural, historical, and/or natural resources found on the site, thus to the extent
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. A condition of approval has been updated to address requirements for
inadvertent historic site finds during the development process.
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 a 10-year time extension to Condition C be forwarded to the County
Council. The accompanying draft bill to amend Ordinance No. 10-101 is provided for your
consideration. Please note the proposed conditions of approval attached to the draft bill,
including updates to conditions that have been complied with and to reflect current standard
condition language. Material to be deleted is bracketed and struck through; new material is
underscored.
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BIUMCKohalaREZAmend.1.5.2024
HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10 101
(PL-REZ-2023-000054/AMEND REZ 2009-000112)
AMENDED CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns ("Applicant") shall be responsible for complying
with all stated conditions of approval.
B. [
Supply in aeeer-da*ee with its "Wa4er-Commitment(ittidelines Peliey"prior-tO fiffal
]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. Furthermore, the Applicant shall construct and dedicate
necessary water system improvements as required by the Department of Water Supply.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within [fie-(5)] ten 10 years from the effective date of this amended
ordinance.
D. [Aeeess to t4e pr-E�eet site fFefn t4e Akeni Pule Highway shall fneet w44 t4e appr-eval of
the State Depa tment f-r,-a*sp ,t4a4io ] All roadways shall be constructed in compliance
with roadway requirements and conditions of the variance (PL-VAR-2023-000040)
issued on November 15, 2023.
E. All development generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works prior to issuance of a
construction permit. Any recommended drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to receipt
of Final Subdivision Approval.
F. A National Pollutant Discharge Elimination System (NPDES)permit and an
Underground Injection Control (UIC)permit, if required, shall be secured from the State
Department of Health before the commencement of construction activities.
G. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Subdivision
Approval.
H. [Shattid afly f-efflains of his"er-le Sites, Stteh as f-eek Walls, ter-f-aees, -platforms, mar-ifle shell
measttr-es hm,o been *ak ] 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.
I. [The applieafit shall make its fair- share eantfibtai— I I- I I.tl-I le�he-Patential f-egional
disposal faeilities and r-eads. The fair- share eOI4t+ibtttiOI4 shall be initially based On �he-
beeeffie dtte and-payable Pft*--.-I,-- .-eeeeeeipt ef Final StibdiN,isien AppfeN,al ef within fiN,e
The applieafit shall be eyrem-pt ffem fair- share r-e"ir-emefits for-all ttaits sold or-f-ente
hattsehol seaming lesstl,a 801% f the median family ineeme. The fair- share
begififling three year-S aAer-the egeetive date of this Of-diflaflee, based On the-Per-eenta
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0 of the median family ineame to ealettlate the
tat al . .ter of fair- share ntfibtaian owed by the . ,Bean..
fac;lrrrcritie
�,r,
fa�ities-,�
J
The Applicant shall make its fair share contribution to mitigate the potential regional
impacts of the property 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. The fair share contribution for each lot
shall be based on the number of lots developed. The fair share contribution may be
adjusted annually beginningthree hree 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$16,641.15 per single family
residential lot. The fair share contribution per single family residential lot shall be
allocated as follows:
I. $8,024.66 per single family residential lot to the County to support park and
recreational improvements and facilities,
2. $387.11 per single family residential lot to the County to support police facilities;
3. $764.59 per single family residential lot to the County to support fire facilities,
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4. $334.75 per single family residential lot to the County to support solid waste
facilities, and
5. $7,130.04 per single family 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. This condition shall
not apply to any `self help' lots included in the executed affordable housing agreement
referenced in Condition K.
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
K. [
] As represented by the Applicant, 32 of the 33 lots
in the proposed subdivision shall be developed and sold as part of a self-help, affordable
housing program, 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, Hawai`i 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. Should the self help subdivision not be developed, the Applicant shall
comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to
Affordable Housing Policy.
L. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
M. [
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Zening Cede.
designation].An initial extension of time for the Performance of conditions
within this ordinance may be requested in accordance with Section 25-2-44, subsections
(c) and (d), of the Hawai`i County Code.
N. If the applicant fails to fulfill any conditions of the zone change within the specified time
limitations, the Planning Director or County Council may initiate the process for
enactment of an ordinance reverting the affected property back to its original zoning
designation or a more appropriate zoning designation in accordance with Section 25-2-43
of the Hawaii County Code.
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JNSV eF h1�y
COUNTY OF HAWAI`I STATE OF HAWAI`I
,TE OF N►'�
BILL NO.
ORDINANCE NO. (P1aAxLJ Dept)
AN ORDINANCE AMENDING ORDINANCE NO. 10-101, WHICH RECLASSIFIED
LANDS FROM AGRICULTURAL —TWENTY ACRES (A-20a) AND SINGLE-FAMILY
RESIDENTIAL— 7,500 SQUARE FEET (RS-7.5) TO SINGLE-FAMILY RESIDENTIAL —
15,000 SQUARE FEET(RS-15), SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET
(RS-10), SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET(RS-7.5), AND OPEN
AT PAHOA, NORTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 5-5-019:025
AND 027 (PORTIONS).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 2 of Ordinance No. 10-101 is amended as follows:
"SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [(2005
fir)] (2016 Edition, as amended), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public
health, safety, and welfare; or
Q{{4-}}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 "
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SECTION 2. Material to be deleted is bracketed and stricken. New material is
underscored.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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i
A-20a
AREA 4 A 20a
AGRICULTURAL-TWENTY ACRES(A-20a), A 20a
TO SINGLE-FAMILY RESIDENTIAL-10,000
SQ.FT(RS-10)
6.191 ACRES
15,210.07 N
7,003.1565 A-20a
'U O NALE" AREA 8
A-20a AGRICULTURAL-TWENTYACRES
(A-20a)TO OPEN
2.943 ACRES
AREA 5
AGRICULTURAL-TWENTY ACRES(A-20a), 15,035.39'N
TO SINGLE-FAMILY RESIDENTIAL-7,500 7,688.29'E A-20a
SQ.FT(RS-7.5) Area 4 "PU'U 0 NALE"
1.805ACRES
14.&WO.90'N J/
14,722.62'N f.92t87` Area A-20a
6,592.50'E TUV O N LE'
"PU'U 0 NALE"
A-20a Area 5 AREA 7
AGRICULTURAL-TWENTYACRES(A-20a),
TO SINGLE-FAMILY RESIDENTIAL-15,000
AREA 1 SQ.FT(RS-15)
AGRICULTURAL-TWENTY ACRES 4.741 ACRES
(A-20a)TO OPEN a Area
0.530 ACRES Area 3 14,509.63'N K5-1
raa 7,356.50'E Area6
- TONE
"PU'U 0 NALE
AREA 2 R5 15 R -15
SINGLE-FAMILY RESIDENTIAL- A-20a
7,500 SQ.FT(RS-7.5)TO OPEN
0.397 ACRES
.5
AREA 3 K5-7.5 _
SINGLE-FAMILY RESIDENTIAL-7,500 _ AREA 6
SQ.FT(RS-7.5),TO SINGLE-FAMILY SINGLE-FAMILY RESIDENTIAL-7,500
RESIDENTIAL-10,000 SQ.FT(RS-10) SQ.FT(RS-7.5),TO SINGLE-FAMILY
0.990 ACRES RESIDENTIAL-15,000 SQ.FT(RS-15)
0.783 AC RES
R5-15
5
AKONI PULE H�GHwAY _ A-20a A-20a
A2 a �
(�J A-20a
A-20a A-5a A 5a
A-5a �5-15
--� Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE,
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL - 7,500 SQ.FT (RS-7.5),
TO SINGLE-FAMILY RESIDENTIAL-15,000 SQUARE FEET (RS-15),
SINGLE-FAMILY RESIDENTIAL- 10,000 SQUARE FEET (RS-10),
SINGLE-FAMILY RESIDENTIAL - 7,500 SQUARE FEET (RS-7.5), AND OPEN.
AT PAHOA, NORTH KOHALA DISTRICT, HAWAI`I
MAP PREPARED BY:
COUNTY OF HAWAI`I, PLANNING DEPARTMENT
1 TMK:5-5-0197025 and 027(Dortionsl DATE:Dec.01,2009
EXHIBIT "A" Hawaii Island Community Devel.Corp.(HICDC)
FOR REFERENCE ONLY Man 1283