HomeMy WebLinkAbout2024-09-10 PD Recommendation Report PL-REZ-2024-000061-1-
RChang-StromanREZ.ja.8-16-2024
COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION
DR. LOI CHANG-STROMAN CHANGE OF ZONE APPLICATION NO. PL-REZ-2024-000061
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 applicant is requesting a Change of Zone from a Single-Family Residential-
10,000 square feet (RS-10) zoning district to a Neighborhood Commercial-10,000 square
feet (CN-10) zoning district for 16,161-square feet of land. The CN zoning district, with a
minimum area required for each building site of 10,000 square feet, would allow a
maximum density of 1 building site. In addition, although the applicant proposes to
maintain use as a medical facility, any permitted use in the CN-zoning district can be
established on the property should the change of zone request be approved, including the
potential maximum density of 12 multiple-family residential units.
The applicant is a medical doctor specializing in internal medicine, practicing at
the existing Urgent Care of Kona, on the subject property. His wife is a dermatologist
practicing at the existing Kona Dermatology medical facility, also on the subject
property. The requested change of zone will allow for expanded services and
opportunities at these clinics beyond the restrictions allowed by the subject property’s
existing Use Permit (Use Permit No. 88-008 or USE 66). Should the change of zone be
approved, the applicant intends to request to revoke the existing Use Permit.
Additionally, the applicant proposes to convert 500 square feet of the existing building
for use as a durable medical equipment retail service.
Immediately upon approval of the Change of Zone, the applicant expects to adjust
operational hours and begin providing additional medical services. Minimal costs are
expected for the proposal, although the applicant has recognized that a change of use
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building permit may be required by the Department of Public Works to establish the retail
use.
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 a Single-Family Residential-10,000 square
feet (RS-10) zoning district to a Neighborhood Commercial-10,000 square feet (CN-
10) zoning district conforms to applicable goals, policies, and standards of the
General Plan. The subject, irregularly shaped, 16,161-square foot property is sloped
towards Kuakini Highway, and located at the 400-foot elevation level. The property has
been developed with a medical facility, parking lot and driveway, with some landscaping
along the frontage with Kuakini Highway and Sunset Drive.
Surrounding lands are zoned Single-Family Residential 10,000-square feet (RS-
10), Neighborhood Commercial 10,000-square feet (CN-10), Neighborhood Commercial
7,500-square feet (CN-7.5), Multiple-Family Residential 1,500-square feet (RM-1.5),
Agricultural 1-acre (A-1a) and Agricultural 5-acre (A-5a). Existing surrounding land uses
include commercial, retail, offices, and medical facilities, as well as multiple-family and
single-family residences.
According to the Zoning Code, the CN district applies to strategically located
centers suitable for commercial activities which shall be of such size and shape as will
accommodate a compact shopping center which supplies goods and services to a
residential or working population on a frequent need or convenience basis. This district is
distinguished from a central commercial district which provides general business and
broad services to a city or region. The proposed development is consistent with providing
goods and services to a residential or working population; thus, the request is consistent
with the surrounding land use pattern and the intent of zoning designation.
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
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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 and policies of
the General Plan Land Use Element:
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 of public services and utilities, access, and public need.
Achieve a broader diversification of local industries by providing opportunities
for new industries and strengthening existing industries.
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, communities, and
neighborhoods.
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 subject property is designated Medium Density Urban (mdu) by the LUPAG
Map which includes uses such as village and neighborhood commercial and single family
and multiple family residential and related functions (multiple family residential - up to
35 units per acre). As a neighborhood commercial use, the medical facility will continue
to provide services to single-family and multiple-family residential users in the
surrounding area.
The Kona Community Development Plan (CDP) identifies the property as
situated within the Kona Urban Area (KUA), though not situated within any Regional
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Center Transit Oriented Development (TOD) Areas. The proposed change of zone would
allow for the continuation of a relevant commercial use that would be in alignment with
the commercial, retail and service-related developments in the surrounding area.
Based on the preceding, the request conforms to the goals and policies of the
General Plan and Kona CDP.
All essential utilities and services are available to the site. The subject property
is accessed from Sunset Drive, a County-owned and maintained road with approximately
24-foot-wide pavement within a 44-foot-wide right-of-way that takes access from
Kuakini Highway, a State-owned and maintained roadway. The State Department of
Transportation (DOT) notes that there would not be a significant increase in the number
of trips generated at the site, and no adverse impacts to State highways.
The Department of Public Works (DPW), Engineering Division, recommends that
the applicant provide improvements to the subject property’s Sunset Drive frontage
consisting of, but not limited to, pavement widening with a sidewalk, concrete curb and
gutter, drainage improvements and any required utility relocation, meeting with the
requirements of the Americans with Disabilities Act. The improvements shall be located
within a 3-foot road widening setback and dedication of the widening and improvements
should be at no cost to the County.
The applicant has requested relief from DPW’s recommendations, noting that
improvements to the property’s Sunset Drive frontage would be excessive and not be
proportional to the scope of the applicant’s request, given there is no proposal to expand
the footprint of the medical facility. The Planning Director is agreeable to providing such
relief based both on the applicant’s reasoning and the impractical nature of installing a
short segment of curb, gutter, and sidewalk in a location not likely to be used by
pedestrians nor connects to any other pedestrian facilities in the area. However, the
Director recommends that the applicant subdivide and dedicate a 3-foot-wide future road
widening strip along the property’s Sunset Drive frontage when requested by DPW and
to pay their pro-rata share for future construction of roadway improvements by the
County. A condition of approval will be included to address the preceding.
According to the Department of Water Supply (DWS), the subject parcel is
currently served by an existing 1-inch meter which is limited to 4 units of water at an
average of 400 gallons per day, per unit, or a total of 1,600 gallons per day. DWS notes
that should the type of use change from the current use (including the proposed durable
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medical equipment retail service), there would be a requirement for the applicant to
submit estimated maximum daily water usage calculations. Upon receipt of the water
usage calculations, if the existing 1-inch meter cannot accommodate the estimated
demand, facilities charges shall be remitted and installation of a larger or additional meter
and a reduced pressure type backflow prevention assembly would be required, meeting
with approval of DWS. Finally, DWS notes that the existing 8-inch waterline fronting the
parcel is inadequate to provide the required 2,000-gallons per minute of flow for fire
protection as per DWS standards and the applicant is advised to consult with the Fire
Department for any fire protection requirements or alternatives. A response from the
applicant notes that they are agreeable to DWS conditions and will work with the Fire
Department to address fire protection requirements. Conditions of approval will be
included to address the preceding.
There is no municipal sewer system servicing the subject property. The property
is served by an existing septic system approved by the State Department of Health (DOH)
which the applicant will continue to use. A condition of approval will require any
additional development on the property to provide a method of sewage disposal that
meets with requirements of the DOH.
Solid waste will be handled by a commercial hauler or the landowner and
disposed at authorized landfill sites or transfer stations, all essential utilities are available
to the property and police, fire and medical facilities are available in Kailua-Kona. 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 an area of
minimal flood hazard, on the Flood Insurance Rate Map (FIRM) by the Federal
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. Thus, the proposed change of zone meets this criterion.
The request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 0.9 miles from the nearest coastline, is not situated within the Special
Management Area and will not be impacted by coastal hazards and beach erosion. There
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is no designated public access to the mountains or the shoreline that runs through the
property. The proposed use will not adversely impact any recreational resources,
including access to and along the shoreline, scenic and open space nor visual resources,
coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not
contrary to the objectives of Chapter 205A, Hawaiʻi Revised Statutes.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH”
and “Ka Paʻakai O KaʻAina” 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 kamaʻāina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
The valued cultural, historical, and natural resources found in the rezoning area:
According to the applicant, no archeological or historical features are known to
exist on the subject property nor is the property listed as a historic site on the State
or National Register of Historic Places.
As mentioned previously, the entire subject property has been developed
with a medical facility with a parking lot, driveway and related improvements for
34 years. Given the urban development of the parcel and surrounding area, it is
unlikely there are endangered species of plants or animals on the subject property.
According to the applicant, there are no known customary or Native Hawaiian
cultural rights exercised within the subject property. No professional surveys were
conducted of the flora/fauna resources on the property.
Possible adverse effect or impairment of valued resources: Native plants and/or
endangered species are unlikely to be impacted due to the already impacted
property as mentioned above.
Feasible actions to protect native Hawaiian rights: As stated by the applicant, no
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.
Lastly, this recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable governmental requirements in
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connection with the proposed use, prior to its commencement or establishment upon the
subject property. 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 request to rezone the property from a Single-
Family Residential-10,000 square feet (RS-10) zoning district to a Neighborhood
Commercial-10,000 square feet (CN-10) zoning district would result in an appropriate land
use pattern that would further benefit the general public.
The accompanying draft bill to amend Section 25-8-6 (Kailua-Honalo Urban Zone Map),
Article 8, Chapter 25 (Zoning) of the Hawai‘i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO. (PLANNING DEPARTMENT)
AN ORDINANCE AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN 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 SINGLE-FAMILY RESIDENTIAL – 10,000 SQUARE FEET
(RS-10) TO NEIGHBORHOOD COMMERCIAL – 10,000 SQUARE FEET (CN-10) AT
HŌLUALOA, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-7-009:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-6, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i 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 Hōlualoa, North Kona,
Hawai‘i, shall be Neighborhood Commercial – 10,000 square feet (CN-10):
Beginning at a 1/2 inch pipe (found) at the Westernmost corner of this parcel of
land, being also the Southwesterly corner of Lot 9 of Sunset View Terrace Lots – Unit 1 and being a point on the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229(1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 14,230.14 feet South and 11,122.36 feet East and running by azimuths measured clockwise from True South:
1. 244º 11' 133.33 feet along Lot 9 of Sunset View Terrace Lots – Unit 1 and along the remainder of Land Patent 8289, Land
Commission Award 7228 to Loe to a 3/4 inch pipe (found);
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2. 334º 11' 158.05 feet along Lot 33 and Lot 34 of Sunset View Terrace Lots – Unit 1
and along the remainder of Land
Patent 8289, Land Commission Award 7228 to Loe to a 3/4 inch in concrete (found);
3. 93º 00' 140.35 feet along the Northerly side of
Sunset Drive to a nail (found); Thence, following along the Northerly side of Sunset Drive on a curve to the right a radius of 20.00 feet, the chord
azimuth and distance being:
4. 123º 35' 30" 20.36 feet to a 1/2 inch pipe (found);
5. 154º 11' 72.88 feet along the Northeasterly side of
Kuakini Highway (F.A.S.P. No. S-229(1)) to the point of beginning and containing an area of 16,161 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.
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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.
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:
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CChang-StromanREZ.ja.8-16-2024 DR. LOI CHANG-STROMAN CHANGE OF ZONE APPLICATION NO. PL-REZ-2024-000061
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. Prior to commencement of a new commercial use on the property, the Applicant
shall secure and finalize all building permits as required by the Department of
Public Works Building Division.
C. Prior to the establishment of a new commerical use on the property, 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.
D. Should the type of use within any of the existing building units change from the
current use, the Applicant shall submit estimated maximum daily water usage
calculations prepared by a professional engineer licensed in the State of Hawai‘i.
E. Upon receipt of the estimated water usage calculations, if the existing 1-inch
meter cannot accommodate the estimated demand, a larger or additional meter
shall be installed and remittance of the prevailing facilities charge, which is
subject to change, will be required. Construction plans for the meter installation
will also be required, meeting with approval of the Department of Water Supply.
F. Should a larger or additional meter be required, a reduced pressure type backflow
prevention assembly shall be installed within 5 feet of the meter, which must be
inspected and approved by the Department of Water Supply.
G. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawai‘i County Code.
H. A 3-foot-wide future road widening strip along the property’s Sunset Drive
frontage shall be subdivided and dedicated, at no cost to the County, when
required by the Department of Public Works (DPW). The Applicant shall provide
their pro-rata share for the construction of full improvements to the entire
property frontage along Sunset Drive consisting of, but not limited to, pavement
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widening with concrete curb, gutter and sidewalk, drainage improvements and
any required utility relocation, meeting the approval of the DPW. This pro-rata
share for roadway improvements specified in this condition shall be determined
by the DPW and shall become due and payable to the County of Hawai‘i within 6
months from the date that formal notice is served upon the applicant, its
successors or assigns by the DPW regarding a program for the installation of curb,
gutter and sidewalk improvements along the frontage of Sunset Drive in
proximity to the subject property.
I. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties. Prior to commencement of a new
commercial use on the property, a drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works (DPW). Any
recommended drainage improvements, if required, shall be constructed meeting
with the approval of DPW prior to the issuance of a Certificate of Occupancy.
J. Prior to commencement of a new commercial use on the property, the Applicant
shall be responsible for the design, purchase, and installation of streetlights and
traffic control devices 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 for any new commercial use on the property.
L. Should the Applicant develop residential units on the subject property, 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 for the additional residential units or lots to be
created. The fair share contribution shall become due and payable prior to receipt
of Final Plan Approval or Final Subdivision Approval, whichever is applicable,
and shall be based on the actual number of additional residential units or 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 years after the effective
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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
$11,018.76 per multiple family residential unit or lot. The total amount shall be
determined with the actual number of residential units or lots according to the
calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit or lot shall be allocated as
follows:
1. $5,435.24 per multiple family residential unit or lot to the County to
support park and recreational improvements and facilities;
2. $171.78 per multiple family residential unit or lot to the County to support
police facilities;
3. $528.42 per multiple family residential unit or lot to the County to support
fire facilities;
4. $235.52 per multiple family residential unit or lot to the County to support
solid waste facilities; and
5. $4,647.80 per multiple family residential unit or 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 Hawai‘i County Code.
M. 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.
N. 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
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requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
O. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements.
P. 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 Hawaiʻi County Code.
Q. 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 Hawaiʻi County Code.
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE ZONE MAP CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL - 10,000 SQ. FT. (RS-10) TO
NEIGHBORHOOD COMMERCIAL - 10,000 SQ FT. (CN-10)
AT HOLUALOA, NORTH KONA, HAWAI'I
TMK: (3) 7-7-009:008 DATE: May 11, 2024
Dr. Loi Chang-StromanMap: 24-61
MAP PREPARED BY:
COUNTY OF HAWAIʻI, PLANNING DEPARTMENT
EXHIBIT "A"
0 500 1,000
Feet
14,230.14' S
11,122.36' E
"KAILUA (NM)"
SINGLE FAMILY RESIDENTIAL -
10,000 SQ. FT. (RS-10) TO
NEIGHBORHOOD COMMERCIAL -
10,000 SQ. FT. (CN-10)
REZONE AREA:
16,161 SQ. FT.
¹RS-10CN-10
A-1AA-5A
RM-1.5
RS-7.5
RS-7.5
CN-10
RM-1.5
RS-7.5
RS-10
RS-10
RS-10
RS-7.5
KUAKIN
I
HWYKUAKIN
I
HWY
SUNSET DRNA
LAN
I
S
T
WALUA RD