HomeMy WebLinkAboutPD BACKGROUND REPORT B Winegar-FurchgottRepeaUtEZ.j a0422.23
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PLANNING DIRECTOR INITIATED
THOMAS WINEGAR AND SUSAN FURCHGOTT
REPEAL CHANGE OF ZONE ORDINANCE NO. 12-132 (PL-PDI-2024-000005)
The Planning Director has initiated the repeal of Change of Zone Ordinance No. 12-132
and amendment to Section 25-8-33 (City of Hilo Zone Map), Chapter 25, Article 8, of the
Hawaii County Code 1983 (2016 edition, as amended), by reverting the current zoning of the
subject property from Multiple-Family Residential-3,000 square feet (RM-3) to its original
Single-Family Residential-10,000 square feet (RS-10) zoning district for approximately 0.9793
acres of land. The subject parcel is located at 1623 Kino`ole Street, approximately 0.2 miles
south of its intersection with West Kawili Street, Waiakea, South Hilo, Hawaii TMK: 2-2-
038:017.
PLANNING DIRECTOR'S REQUEST
1. Request: The Planning Director is initiating a repeal of Ordinance No. 12-132 in
response to a written request, dated October 31, 2023, submitted by the property owners
Thomas Winegar and Susan Furchgott (Planning Department Exhibit 1- Request
Letter). The repeal would revert the zoning of approximately 0.9793 acres of land to its
original Single-Family Residential-10,000 square feet (RS-10) zoning designation from
the current Multiple-Family Residential-3,000 square feet (RM-3) zoning designation.
According to the Zoning Code, the RS (Single-Family Residential) district provides for
lower or low and medium density residential use, for urban and suburban family life. It
applies to areas having facilities, and to carry out the above-stated purpose. Requirements
for establishing a land use in both districts, including lists of the variety of permitted
uses, are shown in Section 25-5-1 to 8 (RS District) and Section 25-5-30 to 38 (RM
District) of the Zoning Code. (Planning Department Exhibit 2 — Zoning Code
Requirements for RS District and Planning Department Exhibit 3 — Zoning Code
Requirements for RM District).
2. Reason for Request: The subject property was rezoned from RS-10 to RM-3 with the
objective of constructing a multifamily student housing complex. However, according to
the applicants, the project was unsuccessful due to construction costs being higher than
anticipated, including installation of a costly wastewater treatment system since the full
scope of the project could not be served by septic tanks. Although no administrative time
extension was issued, even with this option, Compliance with Condition B (time to
complete construction) would have lapsed on October 25, 2022. Finally, in 2023, the
applicants requested that Change of Zone Ordinance No. 12-132 be repealed.
3. Landowners: Thomas W. Winegar/Susan E. Furchgott Trust.
STATE AND COUNTY PLANS
4. State Land Use District: Urban.
5. General Plan LUPAG Map Designation: Medium Density Urban, which 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)".
6. County Zoning: Multiple-Family Residential-3,000 square feet(RM-3).
7. Special Management Area: The subject parcel is over 1.5 miles from the nearest
shoreline and is not situated within the Special Management Area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
8. Subject Property: The subject 0.9793-acre parcel is rectangular in shape and gently
sloping with an 8-foot drop off from Kino`ole Street. An existing single-family dwelling,
built in 1923, has been removed, and the remainder of the property is undeveloped. A
building permit was issued on October 24, 2017, for a new 3-unit student apartment
building. However, no building inspections occurred and following the applicants'
written request to void the building permit, dated August 15, 2023, the Department of
Public Works, Building Division, voided the building permit on November 21, 2023.
9. Surrounding Land Uses/Zoning: Immediately surrounding properties are almost
entirely zoned Single-Family Residential-10,000 square feet (RS-10), with residential
uses. An adjacent property to the northeast is zoned Multiple-Family Residential-4,000
square feet(RM-4) and developed with a duplex.
10. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone "X", an
area of minimal flood hazard.
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11. Flora/Fauna Resources: A biological reconnaissance of the property was conducted on
September 18, 2011, which found no threatened or endangered floral or faunal species
but recommended certain mitigations to avoid potential impacts to Hawaiian hoary bats.
12. Archaeological/Cultural/Historical Resources: No archaeological inventory survey
was prepared as the property has been developed for residential use since 1923. By letter
dated November 2, 2011, the Department of Land and Natural Resources, State Historic
Preservation Division (SHPD) determined that the dwelling on the property had lost any
historic integrity due to disrepair and the structure has since been removed.
13. Public Access: There is no designated public access to the mountain or shoreline
through the property.
UTILITIES AND SERVICES
14. Access: Access to the property is from Kino`ole Street, a two-lane County-owned and
maintained roadway with a pavement width of approximately 24 feet within a 55-foot-
wide right-of-way. The General Plan identifies Kino`ole Street as a major collector street,
requiring a minimum 60-foot right-of-way. As part of a shoulder improvement project
completed in 2006, the county acquired an additional 5-foot right-of-way along the
property's frontage to provide a paved shoulder and guardrail.
15. Water: County water is available from a 6-inch waterline within Kino`ole Street. The
subject property is served by a 5/8" meter, limited to an average daily usage of 400
gallons. According to comments regarding the rezone to RM-3 zoning, the Department of
Water Supply noted that depending on the needs of development on the property, a
service lateral and additional meter may be required.
16. Wastewater: There is no County sewer system servicing this area, and the closest
County sewer line is located along Kawili Street, about 1,100 feet south of the subject
property. Thus, any new dwelling or similar improvements will require a wastewater
system meeting the approval of the Department of Health (DOH).
17. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the subject property will require private disposal at the Hilo landfill.
18. Utilities and Services: Electric, cable, and telephone services are available to the
property. Police, fire, and medical services are available nearby in Hilo.
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AGENCY COMMENTS
19. None were solicited or received.
PUBLIC COMMENTS
20. As of the time of this writing, the Planning Department has received no public comments
regarding this request.
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Thomas Winegar and Susan Furchgott
1555 Wailuku Drive - Hilo, H 196720 . 808-896-8015
0QH PLANNING DEPT
NOV 3 2023 pm2:02
Oct. 31, 2023
REVD BY MAY'"
To: County of Hawaii Planning Department
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, HI 96720
Re: Request to rescind RM-3 zoning to TMK 3-2-2-038-017
We are the owners of 1623 Kinoole St., Hilo, Hawaii, TMK 3-2-2-038-017, currently
zoned as RM-3.
We request the County of Hawaii to restore the original RS single-family zoning.
In 2012,we acquired an RM-3 entitlement for this property. The RM-3 entitlement
period lapsed in 2022. For several reasons,we were unsuccessful at multifamily
construction plans after 2017.
We understand this change may take some months. Please let us know what else will be
required for this to happen.
Thank you,
Thomas Winegar
Susan Furchgott
Planning Dept.
Exhibit 1
ZONING § 25-4-68
Section 25-4-68. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis
structure position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would
violate the minimum yard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, difficulty, or hardship to the applicant.
(2002, ord 02-70, sec 3.)
Section 25-4-69. Recognition of de minimis structure position discrepancy.
If the director accepts the application for recognition of de minimis structure
position discrepancy, the director shall notify the applicant in writing that the
discrepancy is not a violation of the zoning code and that it may remain in place without
a variance.
(2002, ord 02-70, sec 3.)
Section 25-4-70. Disclosure.
A de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
(2002, ord 02-70, sec 3.)
Section 25-4-71. Appeals.
The director's decision with respect to a de minimis structure position discrepancy
is appealable to the board of appeals.
(2002, ord 02-70, sec 3.)
Article 5. Zoning District Regulations.
Division 1. RS, Single-Family Residential Districts.
Section 25-5-1. Purpose and applicability.
The RS (single-family residential) district provides for lower or low and medium
density residential use, for urban and suburban family life. It applies to areas having
facilities, and to carry out the above stated purpose.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-2. Designation of RS districts.
Each RS (single-family residential) district shall be designated on the zoning map
by the symbol "RS" followed by a number which specifies the required minimum
building site area in thousands of square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept.
Exhibit-1--. 25-73
§ 25-5-3 HAWAII COUNTY CODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RS district, provided that a use permit is issued for each
use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Medical clinics.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord
14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3; am 2021, ord 21-26,
sec 5.)
Section 25-5-4. Height limit.
The height limit in the RS district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 10 (7-2021) 25-74
ZONING § 25-5-5
Section 25-5-5. Minimum building site area.
The minimum building site area in the RS district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-6. Minimum building site average width.
Each building site in the RS district shall have a minimum average width of sixty
feet, plus two feet for each five hundred square feet of required building site area in
excess of seven thousand five hundred square feet, except that no building site shall be
required to have an average width of more than one hundred fifty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-7. Minimum yards.
The minimum yards in the RS district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet.
(2) On a building site with a required area of ten thousand square feet to and
including nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet.
(3) On a building site with a required area of twenty thousand square feet or
more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.)
Section 25-5-8. Other regulations.
(a) There may be more than one single-family dwelling on each building site in an RS
district provided there is not less than the required minimum building site area for
each dwelling.
(b) One guest house, in addition to a single-family dwelling, may be located on any
building site in the RS district.
(c) An ohana dwelling may be located on any building site in the RS district, as
permitted under article 6, division 3 of this chapter.
(d) If a legal building site in the RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in
the RS district having the largest requirements for which the building site can
comply.
(e) Exceptions to the regulations for the RS district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development, or by the director within a cluster plan
development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.)
25-75
§ 25-5-26 HAwAI`I COUNTY CODE
(3) On a building site with a required area of twenty thousand square feet or
more:
(A) Front and rear yards, twenty-five feet; and
(B) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 2.)
Section 25-5-27. Other regulations.
(a) There may be more than one double-family dwelling or more than two single-family
dwellings or any combination thereof on each building site in the RD district;
provided that the minimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RD district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 3; am 2015,
ord 15-33, sec 4.)
Division 3. RM, Multiple-Family Residential Districts.
Section 25-5-30. Purpose and applicability.
The RM (multiple-family residential) district provides for medium and high density
residential use. It covers areas with full community facilities and services. It may
occupy transition areas between commercial or industrial areas and other districts of
less intense land use.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-31. Designation and density of RM districts.
(a) Each RM (multiple-family residential) district shall be designated on the zoning
map by the symbol "RM" followed by a number which indicates the required land
area, in thousands of square feet, for each dwelling unit or for each separate
rentable unit in the case of boarding, rooming, or lodging houses, fraternity or
sorority houses.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RM
district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RM district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept.
Exhibit 3 25-78
ZONING § 25-5-32
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double-family or duplex.
(9) Dwellings, multiple-family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapters 514A or 51413, Hawaii Revised Statutes.
(19) Temporary real estate offices, as permitted under section 25-4-8.
(20) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
(2 1) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RM district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
25-79 SUPP. 6 (7-2019)
§ 25-5-32 HAwAI`l COUNTY CODE
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Medical clinics.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RM district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 5; am 2014, ord
14-86, sec 5; am 2018, ord 18-114, sec 7; am 2019, ord 19-100, sec 5; am 2021, ord 21-26,
sec 7.)
Section 25-5-33. Height limit.
(a) In areas in the County outside of the City of Hilo, the height limit in the RM
district shall be forty-five feet.
(b) In the City of Hilo, the height limit in the RM district shall be one hundred twenty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-34. Minimum building site area.
The minimum building site in the RM district shall be seven thousand five hundred
square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-35. Minimum building site average width.
Each building site in the RM district shall have a minimum average width of sixty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-36. Minimum yards.
Minimum yards in the RM district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one-story building, plus an additional two feet for
each additional story.
(1996, ord 96-160, sec 2; ratified 1999, ord 96-160, sec 1.)
Section 25-5-37. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the RM district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)
SUPP. 10 (7-2021) 25-80
ZONING § 25-5-38
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RM district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 5; am 2015,
ord 15-33, sec 4.)
Division 4. RCX, Residential-Commercial Mixed Use Districts.
Section 25-5-40. Purpose and applicability.
The RCX (residential-commercial mixed use) district provides for the mixing of
some small-scale service type commercial uses in a district that is primarily residential
in character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses so as to provide more of a neighborhood character
to the residential area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential-commercial mixed use) district shall be designated on the
zoning map by the symbol "RCX' followed by a number which indicates the
required land area, in thousands of square feet for each dwelling unit, or for each
separate rentable unit in the case of boarding, rooming, or lodging houses,
fraternity or sorority houses, or for each commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the
RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable
unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
25-81