HomeMy WebLinkAboutBIL 243 Draft 01 2008-2010 o M�k1
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COUNTY OF HAWAII •�� "-:` # 1 • = STATE OF HAWAII
BILL NO. 243
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 04 144 WHICH AMENDED SECTION
25 -8 -33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL 1 -ACRE (A -1a), NEIGHBORHOOD COMMERCIAL - 40,000 SQUARE
FOOT (CN -40), SINGLE - FAMILY RESIDENTIAL — 7,500 SQUARE FOOT AND 10,000
SQUARE FOOT (RS -7.5 AND RS -10) AND OPEN (0) TO PROJECT DISTRICT AT SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2 -3- 044:019, 2 -3- 049:053 AND 2 -3-
037:001.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 04 144, which amended Section 25 -8 -33 (City of Hilo
Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code is hereby repealed
in its entirety:
County Codc, is amended to change the district clarification of property described hereinafter ac
follows:
The district classification of the following areas situated at South IIilo, Hawaii
shall be Project District:
LOT A:
Mohouli Street Extension, the coordinates of said point of beginning referred to
1. 119° '11' 180.00 feet along Mohouli Street Extension;
3. 119° 4mil' 170.00 feet along Mohouli Street Extension;
4. 29° 41' 5.00 feet along Mohouli Street Extension;
5. 119° 41' 250.00 feet along Mohouli Street Extension;
6. 29° 44' 5.00 feet along Mohouli Street Extension;
7. 119° 41' 540.00 feet along Mohouli Street Extension;
8. 209° 41' 210.35 feet along Lots 75 to 78, inclusive of
Kaumana Gardens Subdivision Unit 2,
File Plan 935;
9. 254° 30' 368.44 feet alon: : .
City Heights Subdivision;
424° 40' 50.00 feet along Liko Lehua Street;
11. 54° 40' 101.37 feet along Lot 58;
° t' ..
.
..
15. 254° 30' 981.48 feet along Lots 35 to 17, inclusive and
Lot 50 of Crescent City Heights
Subdivision;
16. 136° 15' 200.00 feet along Lots 50 and 49 of Crescent
City - Heights Subdivision;
17. 226° 15' 50.00 feet along Wiliwili Street;
ee .. .•1 .
20. 1-36° 15' 371.76 feet along Lots 4, Lot 60 E, Lot 59 E;
21. 236° 50' 289.92 feet along Lots 14, 15, 16, and 17;
22. 316° 15' 65.70 feet along Omao Street;
23. 226° 15' 50.00 feet along Omao Street;
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24. 243° 20' 116.96 feet along Lot 26;
. __ ..
•.• -- .. • _ • -
18 and 20, Malanai Street, Lots 16 and
18, Spring Street, Lots 15 and 16,
•
° 11'
24. 317° 00' 210.00 feet along the remainder of Grant 252
to Benjamin Pitman;
30. 227° 00' 120.00 feet along the remainder of Grant 252
31. 199° 02' 170.15 feet along the remainder of Grant 252
t.. B n D't
r
Thence along Komohana Street on a curve to the right with a radius of 1960.00 feet, the
chord azimuth and distance being:
, • I"
334.85 eeeti
•
33. 73° 40' 10.00 feet along Komohana Street;
Thence along Komohana Street on a curve to the right with a radius of 1950.00 feet, the
chord azimuth and distance being:
34. 341° 40' 68.06 feet;
36. 120° 10' 45.25 feet;
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38. 315° 40' 668.26 feet along the remainder of Lot B;
39. 255° 40' t;
40. 3 10° 26' 50" 153.56 feet;
II e
azimuth and distance being:
12. 337° 51' 15" 115.58 feet;
13. 61° 20' 2302.53 feet along the remainder of Grant 252
to Benjamin Pitman;
4 .°
to Bcnj . • • • ••• am
'15. 156° 00' 500.00 feet along the remainder of Grant 252
to Be Pit...
16. 66° 00' 400.00 feet along the remainder of Grant 252 •
.o nci +Jmrnx4 + ti + +xar
47. 336° 00' 150.00 feet along the remainder of Grant 252
48. 66° 00' 700.00 feet along the remainder of Grant 252
beginning and containing an arca of
112.129 Acres.
LOT B:
- Beginning at the north comer of this parcel of land, also being the cast corner of
Lot 57 on the south side of Liko Lchua Street, the coordinates of said point of beginning
and 3573.93 feet west and running by azimuths m surcd clockwise from true south:
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2. 54° 40' 120.00 feet along the remainder of Grant 252
to Be Pit
3. 144° 40' 363.00 feet along the remainder of Grant 252
to Benjamin Pitman;
1. 231° 40' 120.00 feet along thc remainder of Grant 252
to Benjamin Pitman and along Liko
Lchua Street to the point ofbeginnin_
ar of 1.000 Acrc.
LOT C:
Mohouli Street Extension, the coordinates of said point of beginning referred to
3067.01 feet west and running by azimuths m surcd clockwise from true south:
1. 246° 00' 700.00 feet along the rcmaindcr of Grant 252
t Be n Pit.. un ;
2. 156° 00' 150.00 feet along the rcmaindcr of Grant 252
to Benjamin Pitman;
3. 246° 00' 100.00 feet along the remainder of Grant 252
to-Benjamin-Pitman;
4. 336° 00' 500.00 feet along the remainder of Grant 252
t Be Pit
1 0 11'
t in- Pitman;
6. 244° 20' 2302.53 feet along thc remainder of Grant 252
to Benjamin Pitman;
- - • - . • _ , .. - - : - a curve to the left with a radius of 3,045.00 feet, the
chord azimuth and distance being:
7. 335° 46' 41" 111.27 feet;
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•
8. 83° 40' . .. - - • •
Subdivision Unit 1 B, File Plan
1693;
,.° e ..
--;
10. 35° 17' 960.00 feet along Lots 15, 16, 20, and 21 of
Sunrise Ridge Subdivision Unit 1 B
and Lots 27 and 20, inclusive of
Sunricc -Ridge Subdivision Unit 2 B,
File Pl 1 693
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11. 59° 01' 27" 1633.86 feet along Government Land;
12. 65° 46' 26" 260.53 feet along Government Land;
13. 119° 41' 199.11 feet along Mohouli Street Extension;
11. 209° 41' 25.00 feet along Mohouli Street Extension;
15. 119° 41' 750.00 feet along Mohouli Street Extension
to the point of beginning and
LOT D:
1. 75° 40' 334.33 feet along the remainder of
° "' ..
3. 255° 40' 285.75 feet along the remainder of
Grant 252 to Benjamin Pitman;
Thence following along the remainder of Grant 252 to Benjamin Pitman on a curve to the
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right with a radius of 32.00 feet, the chord azimuth and distance being:
1. 300° 40' 15.25 feet;
5. 345° 40' 12.24 feet along Komohana Street;
9. 19° 30' 18.00 feot along Komohana Street;
!
0 !!' ..
1-1. 315° 40' 248.93 feet along Komohana Street;
chord azimuth and distance being:
12. 31-3° 46' 50" 200.11 feet to the point of beginning and
LOT E:
Lot 2 on the southwest side of Komohana Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALAI" being 109.52
south:
!° !' . - -
2. 50° 40' 10.00 feet along Komohana Street;
3. 320° 10' 116.28 feet along Komohana Street;
4. 50° 40' 5.00 feet along Komohana Street;
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chord azimuth and distance being:
5. 322° 51' 30" 148.76 feet;
6. 235° 03' 10.00 feet along Komohana Street;
Thence along Komohana Street on a curve to the right with a radius of 1955.00 feet, the
chord azimuth and distance being:
7. 326° 50' 30" 122.25 feet;
8. 2388' ! ! - • .. . _ -
9. 331° 14' 59" 178.94 feet;
e .° e ' e _
to Benjamin Pitman;
-11. 47° 00' 120.00 feet along the remainder of Grant 252
to Bcnjamin Pitman;
° ..+ ...
to Benjamin Pitman;
14. 124° 00' 270.00 feet along the remainder of Grant 252
15. 153° 14' 30" 100.63 feet along Lot 16;
16. 136° 15' 120.00 feet along Lots 15 and 11;
17. 226° 15' 125.00 feet along Lot 17;
4-8 -136° 15' 60.00 feet along Lot 17;
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20,---34-6° 15' 5.00 feet along Lot 11;
21. 232° 19' 135.25 feet along Lots 11 and 12;
0 • .' .!! -- . . . ,
23. 232° 49' 181.41 feet along Lots 1 and 2 to the point of
8.088 Acres.
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made a part hereof.
SECTION 2. In accordance with Section 25 2 14, IIawai`i County Code, the County
Council finds the following conditions arc:
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protcction of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands cr ated by the
proposed use.
A. The applicant, successors or axigns shall be responsible for complying with all of
for single family and multi family residential, office and retail commercial, open
space and recreational uses, and ancillary related improvements.
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E. The maximum square footage of the commercial and office uses shall be 180,000
cquare feet. No single commercial business may contain more than 45,000 square
foot . fl
F. The minimum lot size for single family residential units shall be 7,500 square
feet.
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conditions to this Ordinance will be allowed in the University Terrace Projcct
District. The provision of other uses not listed will require an amendment to this
Projcct District Ordinance.
1. All uses allowed as a matter of right in the RS,RM and CN zoned
districts.
2. Open space and recr ational uses, including ball fields, lin r park, and
pedestrian and bikeways:
3. Infrastructure improvements.
A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, commercial uses, open space and recr tional
ar s, pedestrian and bikeways, landscapin:, : , -:, , :. - :
.• .
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occurs first. Prior to any construction, a landscaped buffer shall be established
and planted along the north boundary of the project where commercial or multi
family residential uses arc proposed, which conforms to specifics determing*
through the landscaping master plan, in consultation with the neighboring
no closer than 200' from existing residential lots adjoining the Project District. A
areas to further mitigate noise, odors, etc., for the surroundin_
development and existing neighborhoods.
J. The applicant shall comply with the Department of Water Supply's rules and
regulations that shall include entering into a water development agreement. The .
applicant shall also construct all water system improvements as required by the
include but not bo limited to additional source, transmission, storage and booster
pump facilities.
the water commitment guideline policy to the Department of Water Supply within
ninety (90) days from the effective date of the project district ordinance.
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L. Construction of thc proposed multi family residential and commercial
developments shall commence within five (5) years of the effective date of the
shall commence within five (5) y rs of the effective date of the Project District
Ordinance, and shall be completed within ten (10) y s of the effective date of
for any structure within the Project District, or before Final Subdivision Approval
Completion of construction may be assured by a sufficient surety bond, mectin_
with the approval of the Department of Public Works and Office of Corporation
requirements of the Chapter 25 (Zoning Code), Ilawaii County Code, prior to the
commencement of construction of the stated uses. Development plans shall
idcntify existing and proposed structures, fire protection measures, paved
mitigate any potential adverse noise or visual impacts to adjacent properties in
Requirements).
M. Tho following design standards shall apply:
and submitted to the Planning Director for review and approval prior to thc
issuance of Final Plan Approval for any portion of the proposes
. - .. - . - - - - andscaping master plan shall be to (1)
ensure that buildings arc framed in settings that include trees, shade
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view of the project arca from the Komohana Street, whcrc topography
provides extensive views into the project ar a from Ililo bound motorists
Komohana Strcct to the parking areas, (2) screen parking ar s from thc
hedges, berms, or other visual buffers, except where slopes cr ate an
effective visual barrier, and (3) make c - . . - - . - - • - • .
of Planning Department Rule 17, at minimum, shall apply.
2. The height limit for structures within the project shall not exceed thc
following:
.. ` --
s.
6 46, Chapter 25 (Zoning Code), Hawaii County Codc.
s r--Office and Retail Commercial Development: forty (10) feet,
Chapter 25 (Zoning Code), Hawaii County Codc.
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(1) On a building site with an ar of 7,500 square feet to and
including 9,999 square -€eet
(b) Sidc yards: 8 feet for a one story building, 10 feet for a
two s t o r y b
(2) On a building site with an ar of 10,000 square feet to m4
including 19,999 square feet:
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(b) Sidc yar l . l et-
(a) Front and rear yards: 25 feet; and
(b) Side yards: 15 feet.
b. Multi family Residential Development:
(1) Front and rear yarac: and
(2) Sidc yards: 8 feet for a one story building; 10 feet for a two story
building.
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c. Office and Retail Commercial Development:
(2) Side yards: none, except where the side yard adjoins the side yard
of a building sitc used for purposes allowed in RS or P.M zones,
.. . . . .. ..... .. . • - •.. . .-
used.
Disabilities Act (ADA) requirements shal . .. .
N. All project utilities shall bc underground.
sewer system, meeting with thc approval of the Department of Environmental
_ . •-
" Ponahawai Street extension ") shall be a minimum right of way width of sixty
(60) fcct and built to County dedicable standards, including the provision of curbs,
approval of tho Department of Public Works. Upon its completion, thc roadway
shall bc dedicated at no cost to the County.
e. ': ...
Komohana Strcct or from Mohouli Street. The location and dcsign of the
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Ponahawai Street extension at Komohana Strcct.
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directions, respectively.
3. Modify the traffic signal system at the intersection of Ponahawai Street
4. Provide stop control on Ponahawai Street to Mohouli Strcct, with separate
left turn and right turn lanes to Mohouli Street.
left turn lane and a median shelter lane in the makai bound direction.
6. Widen the mauka leg of Mohouli Street to provide a mauka bound
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movement from Ponahawai Street, during the PM p k hour with the
proposed project.
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• •- \I.
• left turn lanes to mauka bound Kaumana Drive.
8. Widen the mauka leg of Kaumana Drive to provide an auxiliary merg-in_
lane in the mauka bound direction.
9. Modify the traffic signal system to provide a protected left turn phase on
Mohouli Street.
10. Widen westbound Mohouli Street to provide dual left turn lanes to
couthbound Komohana Street.
11. Modify the traffic signal system to provide a protected left turn phase on
westbound Mohouli Strcct from Komohana Street.
Public Works. No more than two vehicular accesses from existing streets in the
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T. No lots shall have direct access from either Komohana Street or Mohouli Street.
Further, no single family residential lots shall have direct accen., from the
U. Unlerc otherwise specified by the Planning Director in consultation with the
Department of Public Works, all streets within the project shall be constructed to
dedicable standards, including the provision of curbs, gutters and sidewalks.
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.
Ponahawai and Mohouli Streets meeting with the approval of the Department of
Public Works.
W. Streetlights and traffic control devices shall be installed as required by the
Department of Public Works.
shall be submitted prior to receipt of a Certificate of Occupancy or Final
Subdivision Approval foi the project, whichever occurs first. All additional
Y. Because of potential roadway noise, there shall bc a minimum 70 foot setback
Street right of way, for any residential structures.
the County of Hawaii or retained in private ownership, but in either case, shall bc
made open to the general public.
requirement shall be approved by the County Housing Agency prior to issuance of
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occupancy of the first single family dwelling, whichever occurs first.
BB. All development generated runoff shall be disposed of on site and shall not be
Works for concurrence prior to the submittal of the Project District Master Plan,
between the Corps of Engineers and FEMA mapping of the Alenaio Stream flood
plain. The applicant shall pay for the hiring of an engineer by the County of
shall propose any changes to the FEMA Maps that are shown as warranted by the
detailed Drainage Master Plan, unlece a letter of map revision has alr ady been
two major floodways free of debris and obstructions, including trees that could be
uprooted and clog the culverts during storms. The subject property shall continue
to accommodate existing drainage from the Crescent City Heights Subdivision,
Omao Street Subdivision, Kaumana Cardens Subdivision and the Hilo Boarding
School Ditch.
CC. Any construction within the Federal Emergency Management Agency (FEM,^ )
County Code.
DD. There shall be no construction of residential structures and related improvements
Works) within ar as designated Zone "AE" or "A" on the Flood Insurance Rate
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Map. Restrictive covenants in thc deeds of all lots shall give notice of the terms
of this rezoning condition. This restriction may be removed by amendment of this
Project District Ordinance by the County Council. A copy of the proposed
covenant(s) to be recorded with the State of IIawaii :. -... - .
be submitted to the Planning Director for review and approval prior to issuance of
Final Subdivision Approval. A copy of the recorded document shall be filed with
applicant, the main Alcnaio Str m drainateway shall be kept as an open space
Drainag-e Plan, and park improvements, including bicycle and pedestrian paths.
Department, Department of Public Works and the Civil Defense Agency prior to
be limited to a review of the emergency road network, emergency contact people
below,
FF. The applicant, in conjunction with thc Civil Defense Agency, shall designate
appropriate commercial units within the Project District for use as an emergency
Defense Agency policies and procedures.
GC. All earthwork activity, including grading and grubbing, shall conform to
Chaptcr 10, Erosion and Sedimentation Control, of the Ilawaii County Code.
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identify whether a Federal permit is required for any possible work involving the
National Pollutant Discharge Elimination System (NPDES) general permit is
or the Wailoa Estuary. These and other pollution prevention measures may be
Department of Environmental Management for review and approval prior to the
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components, shall be prepared for the archaeological site identified ac Site 14947
. D.
implemented prior to imuance of a grading or grubbing permit.
. . .... - • - ains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate arca shall c se and the Department of Land
and Natural Resources State Historic Preservation Division (SHPD) shall be
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have been taken.
NN. Pu'u -Honu shall be preserved as a natural f turc.
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regional impacts of the subject property with respect to parks and rem ation, fire,
become due and payable prior to final plan approval of that phase o ftmot
any combination thereof shall be determined by the County Council. The fair
chart contribution may be adjusted annually beginning three ycars after the
effective date of this ordinance, based on thc percentage change in thc Honolulu
Consumer Price Index (HCPI). In lieu of paying the fair share contribution, thc
the region impacted by the proposed development, subject to thc review and
recommendation of the Planning Director, upon consultation with thc appropriate
credit against thc fair share assessment for an •• - - -
in the revised TIAR.
The fair share contribution shall have a maximum combined value of $9,671.44
number of units according to thc calculation and payment provisions set forth in
this condition.
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follows:
1. $4,663.74 per single family residenti . - .. .... ..
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facilities;
facilities;
4. $194.55 per single family residential unit to the County to support solid
waste facilities;
support road and traffic improvements.
The fair share contribution per multi family residential unit shall be allocated as
follows:
1. $2,998.18 per multi family residential unit to the County to support park
and recreational improvements and facilities;
..
3. $291.48 per multi family unit to the County to support fire facilities;
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facilities;
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traffic improvements;
for imposition of exaction or the a;ecssment of impact fees, conditions included
Ordinance.
tit
laws, rules, regulations and requirements.
anniversary date of the approval of this Project District Ordinance. The report
in effect until all of the conditions of approval have been satisfied and the
ordinance may be granted by thc Planning Director upon the following
circumstances:
foreseen or arc beyond the control of the applicant, successors or a- signs,
and that arc not thc result of their fault or negligence.
or Zoning Code.
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(3) Granting of the time extension would not bc contrary to thc original
r sons for thc granting of thc Project District.
(1) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.c., a condition to bc performed within
(5) If the applicant should require an additional extension of time, thc
Council for appropriate action.
rezoning of the ar to it original or more appropriate designation.
•.
- ! • . ordinance shall take effect upon its approval.]
SECTION 2. Material to be repealed is bracketed and struck through.
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SECTION 3. This ordinance shall take effect upon the approval of the proposed
legislative bill for a change of zone from Project District to Project District for Wailani
Development, LLC for the subject parcels.
INTRODUCED BY:
Sam
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCEi Comm. 798
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