HomeMy WebLinkAboutBIL 248 Draft 01 2002-2004 COUNTY OF HAWAII . STATE OF HAWAII
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BILL NO. 248
ORDINANCE NO.
AN ORDINANCE AMENDING 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-la),
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 (O) TO PROJECT DISTRICT AT SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY 2-3-44:19, 2-3-49:53 AND 2-3-37:1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following areas situated at South Hilo, Hawaii
shall be Project District:
LOT A:
Beginning at the South corner of this parcel of land on the northeast side of
Mohouli Street Extension, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALM" being 3550.79 feet south and
3067.04 feet west and running by azimuths measured clockwise from true south:
1. 119° 41' 180.00 feet along Mohouli Street Extension;
2. 29° 41' 30.00 feet along Mohouli Street Extension;
3. 119° 41' 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;
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6. 29° 41' 5.00 feet along Mohouli Street Extension;
7. 119° 41' 540.00 feet along Mohouli Street Extension;
8. 209° 4l' 210.35 feet along Lots 75 to 78, inclusive of
Kaumana Gardens Subdivision Unit 2,
File Plan 935;
9. 254° 30' 368.44 feet along Lots 56-A, 56-B, and 3 of
Crescent City Heights Subdivision;
10. 324° 40' 50.00 feet along Liko Lehua Street;
11. 54° 40' 101.37 feet along Lot 58;
12. 324° 40' 363.00 feet along Lot 58;
13. 234° 40' 518.55 feet along Lots 58, 57, D, and C;
14. 144° 40' 262.53 feet along Lots C, B, and A;
15. 254° 30' 981.48 feet along Lots 35 to 47, 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;
18. 136° 15' 5.98 feet along Wiliwili Street;
19. 226° 15' 325.00 feet along Roadway Lot and Lot 4;
20. 136° 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° I S' 65.70 feet along Omao Street;
23. 226° 15' 50.00 feet along Omao Street;
24. 243° 20' 146.46 feet along Lot 26;
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25. 136° 15' 525.97 feet along Lots 26, 25, 23, 21, and 19;
26. 243° 20' 1324.47 feet along Lot 17, Hualilili Street, Lots
18 and 2Q Malanai Street, Lots 16 and
18, Spring Street, Lots 15 and 16,
Hoomana Street and Lot 16;
27. 304° 00' 270.00 feet along the remainder of Grant 252
to Benjamin Pitman;
28. 227° 00' 210.00 feet along the remainder of Grant 252
to Benjamin Pitman;
29. 317° 00' 210.00 feet along the remainder of Grant 252
to Benj amin Pitman;
30. 227° 00' 120.00 feet along the remainder of Grant 252
to Benjamin Pitman;
31. 199° 02' 170.15 feet along the remainder of Grant 252
to Benjamin Pitman;
Thence along Komohana Street on a curve to the right with a radius of 1960.00 feet, the
chord azimuth and distance being:
32. 338° 45' S9" 334.85 feet;
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. 344° 40' 68.06 feet;
35. 345° 40' 443.23 feet along Komohana Street;
Thence along Lot B on a curve to the left with a radius of 32.00 feet, the chord azimuth
and distance being:
36. 120° 40' 45.25 feet;
37. 75° 40' 285.75 feet along Lot B;
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38. 345° 40' 668.26 feet along the remainder of Lot B;
39. 255° 40' 334.33 feet along Lot B;
Thence along Komohana Street on a curve to the left with a radius of 3040.00 feet, the
chord azimuth and distance being:
40. 340° 26' S0" 153.56 feet;
41. 69° 00' 5.00 feet along Komohana Street;
Thence along Komohana Street on a curve to the left with a radius of 3045.00, the chord
azimuth and distance being:
42. 337° 54' 45" 115.58 feet;
43. 64° 20' 2302.53 feet along the remainder of Grant 252
to Benjamin Pitman;
44. 30° 00' 70.00 feet along the remainder of Grant 252
to Benjamin Pitman;
45. 156° 00' 500.00 feet along the remainder of Grant 252
to Benjamin Pitman;
46. 66° 00' 400.00 feet along the remainder of Grant 252
to Benjamin Pitman;
47. 336° 00' 450.00 feet along the remainder of Grant 252
to Benjamin Pitman;
48. 66° 00' 700.00 feet along the remainder of Grant 252
to Benjamin Pitman to the point of
beginning and containing an area of
112.129 Acres.
LOT B:
Beginning at the north corner of this parcel of land, also being the east corner of
Lot 57 on the south side of Liko Lehua Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALM" being 2769.81 feet south
and 3573.93 feet west and running by azimuths measured clockwise from true south:
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1. 324° 40' 363.00 feet along Lot 57;
2. 54° 40' 120.00 feet along the remainder of Grant 252
to Benjamin Pitman;
3. 144° 40' 363.00 feet along the remainder of Grant 252
to Benjamin Pitman;
4. 234° 40' 120.00 feet along the remainder of Grant 252
to Benjamin Pitman and along Liko
Lehua Street to the point of beginning
and containing an area of 1.000 Acre.
LOT C:
Beginning at the west corner of this parcel of land on the northeast side of
Mohouli Street Extension, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALM" being 3550.79 feet south and
3067.04 feet west and running by azimuths measured clockwise from true south:
1. 246° 00' 700.00 feet along the remainder of Grant 252
to Benjamin Pitman;
2. 156° 00' 450.00 Feet along the remainder of Grant 252
to Benjamin Pitman;
3. 246° 00' 400.00 feet along the remainder of Grant 252
to Benjamin Pitman;
4. 336° 00' 500.00 feet along the remainder of Grant 252
to Benjamin Pitman;
5. 210° 00' 70.00 feet along the remainder of Grant 252
to Benjamin Pitman;
6. 244° 20' 2302.53 feet along the remainder of Grant 252
to Benjamin Pitman;
Thence along Komohana Street on 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° 10' 67.64 feet along Lot 12 of Sunrise Ridge
Subdivision Unit 1-B, File Plan
1693;
Thence following along the middle of Alenaio Stream along Lot 14 of Sunrise Ridge
Subdivision Unit 1-B, File Plan 1693, the direct azimuth and distance being:
9. 44° 30' 155.00 feet;
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
Sunrise Ridge Subdivision Unit 2-B,
File Plan 1693;
11. 59° O1' 27" 1633.86 feet along Government Land;
12. 65° 46' 26" 260.53 feet along Government Land;
13. 119° 41' 199.44 feet along Mohouli Street Extension;
14. 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
containing an area of 45.287 Acres.
LOT D:
Beginning at the southeast corner of this pazcel of land on the southwest side of
Komohana Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALM" being 1837.52 feet south and 21.68 feet west and
running by azimuths measured clockwise from true south:
1. 75° 40' 334.33 feet along the remainder of
Grant 252 to Benjamin Pitman;
2. 165° 40' 668.26 feet along the remainder of Lot B;
3. 255° 40' 285.75 feet along the remainder of
Grant 252 to Benjamin Pitman;
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Thence following along the remainder of Grant 252 to Benjamin Pitman on a curve to the
right with a radius of 32.00 feet, the chord azimuth and distance being:
4. 300° 40' 45.25 feet;
5. 345° 40' 12.24 feet along Komohana Street;
6. 255° 40' 10.00 feet along Komohana Street;
7. 345° 40' 73.40 feet along Komohana Street;
8. 54° 00' 11.48 feet along Komohana Street;
9. 10° 30' 18.00 feet along Komohana Street;
10. 333° 00' 83.14 feet along Komohana Street;
11. 345° 40' 248.93 feet along Komohana Street;
Thence along Komohana Street on a curve to the left with a radius of 3040.00 feet, the
chord azimuth and distance being:
12. 343° 46' S0" 200.11 feet to the point of beginning and
containing an area of 5.000 Acres.
LOT E:
Beginning at the north corner of this parcel of land, also being the east corner of
Lot 2 on the southwest side of Komohana Street, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALM" being 109.52
feet north and 797.67 feet west and running by azimuths measured clockwise from true
south:
1. 320° 40' 42.10 feet along Komohana Street;
2. 50° 40' 10.00 feet along Komohana Street;
3. 320° 40' 146.28 feet along Komohana Street;
4. 50° 40' 5.00 feet along Komohana Street;
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Thence along Komohana Street on a curve to the right with a radius of 1945.00 feet, the
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. 238° 38' 5.00 feet along Komohana Street;
Thence along Komohana Street on a curve to the right with a radius of 1960.00 feet, the
chord azimuth and distance being:
9. 331 ° 14' S9" 178.94 feet;
10. 19° 02' 170.15 feet along the remainder of Grant 252
to Benjamin Pitman;
11. 47° 00' 120.00 feet along the remainder of Grant 252
to Benjamin Pitman;
12. 137° 00' 210.00 feet along the remainder of Grant 252
to Benjamin Pitman;
13. 47° 00' 210.00 feet along the remainder of Grant 252
to Benjamin Pitman;
14. 124° 00' 270.00 feet along the remainder of Grant 252
to Benjamin Pitman;
15. 153° 14' 30" 100.63 feet along Lot 16;
16. 136° 15' 120.00 feet along Lots 15 and 14;
17. 226° 15' 125.00 feet along Lot 17;
18. 136° 15' 60.00 feet along Lot 17;
19. 226° 1 S 165.00 feet along Waipuna Place and Lot 10;
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20. 316° 15' 5.00 feet along Lot 11;
21. 232° 49' 135.25 feet along Lots 11 and 12;
22. 322° 49' 5.00 feet along Lot 1;
23. 232° 49' 184.44 feet along Lots 1 and 2 to the point of
beginning and containing an area of
8.088 Acres.
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, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe 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.
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. This project area shall be called the University Terrace Project District.
C. The University Terrace Project District shall consist of not more than 172 acres
for single-family and multi-family residential, transient accommodations, office
and retail commercial, open space and recreational uses, and ancillary related
improvements.
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D. The maximum number of single family and multi-family residential units allowed
shall be 750 units, which includes a maximum of 150 transient accommodation
(short term rental) units.
E. The maximum square footage of the commercial and office uses shall be 350,000
square feet.
F. A minimum of 49 acres shall be used for open space and recreational uses.
G. The uses disclosed in the application, as listed below, and those required as
conditions to this Ordinance will be allowed in the University Terrace Project
District. The provision of other uses not listed will require an amendment to this
Project District Ordinance.
1. All uses allowed as a matter of right in the RS, RM and CN zoned
districts.
2. Open space and recreational uses, including ball fields, linear park, and
pedestrian and bikeways.
3. Infrastructure improvements.
H. A detailed Master Plan of the Project District, which includes the location and
number of residential lots and units, commercial uses, open space and recreational
areas, pedestrian and bikeways, landscaping, parking, and other related
improvements on the property, shall be submitted to the Planning Director within
one year from the effective date of the Project District Ordinance or prior to
submission of plans for plan approval or subdivision approval, whichever occurs
first. A landscaped buffer shall be established along the north boundary of the
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project which conforms to specifics determined by the Planning Director, in
consultation with the neighboring residents and the applicant.
I. 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
Department of Water Supply through its standards. These improvements may
include but not be limited to additional source, transmission, storage and booster
pump facilities.
J. The applicant shall pay applicable water commitment deposits in accordance with
the water commitment guideline policy to the Depaztrnent of Water Supply within
ninety (90) days from the effective date of the project district ordinance.
K. Construction of the proposed multiple family residential and commercial
developments shall commence within five (5) yeazs of the effective date of the
Project District Ordinance. Construction of an extension of Ponahawai Street
from Komohana Street to Mohouli Street and related intersection improvements
shall commence within five (5) years of the effective date of the Project District
Ordinance, and shall be completed within ten (10) years of the effective date of
the Project District Ordinance, or before issuance of a Certificate of Occupancy
for any structure within the Project District, or before Final Subdivision Approval
for any residential subdivision within the Project District, whichever occurs first.
Completion of construction maybe assured by a sufficient surety bond, meeting
with the approval of the Department of Public Works and Office of Corporation
Counsel. Final Plan Approval shall be secured in accordance with the
requirements of the Chapter 25 (Zoning Code), Hawaii County Code, prior to the
commencement of construction of the stated uses. Development plans shall
identify existing and proposed structures, fire protection measures, paved
driveway accesses and parking stalls, and other improvements associated with the
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proposed uses. Landscaping shall be included in the development plans to
mitigate any potential adverse noise or visual impacts to adjacent properties in
accordance with the Planning Department's Rule No. 17 (Landscaping
Requirements).
L. The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
2. The height limit for structures within the project shall not exceed the
following:
a. Single-Family Residential Development: thirty-five (35) feet.
b. Multiple Family Residential Development: forty-five (45) feet,
provided approval is granted by the Planning Director as part of the
approval of the site plan in accordance with Section 25-6-46,
Chapter 25 (Zoning Code), Hawaii County Code.
c. Office and Retail Commercial Development: forty (40) feet,
provided approval is granted by the Planning Director as part of the
approval of the site plan in accordance with Section 25-6-46,
Chapter 25 (Zoning Code), Hawaii County Code.
3. The minimum yards (setback) shall be as follows:
a. Single-Family Residential Development:
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(1) On a building site with an area of 7,500 squaze feet to and
including 9,999 square feet:
(a) Front and rear yards: 15 feet; and
(b) Side yards: 8 feet.
(2) On a building site with an azea of 10,000 squaze feet to and
including 19,999 squaze feet:
(a) Front and reaz yards: 20 feet; and
(b) Side yazds: 10 feet.
(3) On a building site with an area of 20,000 square feet or more:
(a) Front and rear yards: 25 feet; and
(b) Side yards: 15 feet.
b. Multiple Family Residential Development:
(1) Front and reaz yards: 20 feet; and
(2) Side yards: 8 feet for aone-story building, plus an additional 2 feet
for each additional story.
c. Office and Retail Commercial Development:
(1) Front and rear yards: I S feet; and
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(2) Side yards: none, except where the side yard adjoins the side yard
of a building site used for purposes allowed in RS or RM zones,
the yard setback appropriate for the RS or RM district shall be
used.
4. The minimum off-street parking and loading space requirements of
Chapter 25, Hawaii County Code shall be complied with. The American
Disabilities Act (ADA) requirements shall also be complied with.
M. All project utilities shall be underground.
N. Sewer lines shall be installed within the development to connect with the County's
sewer system, meeting with the approval of the Department of Environmental
Management, and prior to the issuance of a Certificate of Occupancy.
O. The extension of Ponahawai Street to Mohouli Street (referred to hereafter as the
"Ponahawai Street extension") shall be a minimum right-of--way width of eighty
(80) feet and built to County dedicable standards, including the provision of curbs,
gutters, and sidewalks, and be built on an alignment meeting with the approval of
the Department of Public Works. Upon its completion, the roadway shall be
dedicated at no cost to the County.
P. The Ponahawai Street extension shall be the only roadway access allowed from
Komohana Street or from Mohouli Street. The location and design of the
roadway access with Komohana Street and Mohouli Street shall meet with the
approval of the Department of Public Works.
Q. The following improvements (#1 through #6) shall be made by the applicant
concurrently with the completion of the Ponahawai Street extension:
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1. Provide sepazate left-turn, through, and right-turn lanes on makki bound
Ponahawai Street extension at Komohana Street.
2. Widen Komohana Street to provide exclusive left-turn and right-tum lanes
to the Ponahawai Street extension in the northbound and southbound
directions, respectively.
3. Modify the traffic signal system at the intersection of Ponahawai Street
and Komohana Street to include the Ponahawai Street extension.
4. Provide stop control on Ponahawai Street to Mohouli Street, with sepazate
left-turn and right-turn lanes to Mohouli Street.
5. Widen Mohouli Street at Ponahawai Street to provide an exclusive
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
auxiliary acceleration lane to mitigate the LOS "F" condition on right-turn
movement from Ponahawai Street, during the PM peak hour with the
proposed project.
The following improvements (#7 through #11) shall be made by the applicant, according
to a schedule meeting with the approval of the Department of Public Works:
7. Widen the northwest bound approach of Mohouli Street to provide dual
left-tum lanes to mauka bound Kaumana Drive.
8. Widen the mauka leg of Kaumana Drive to provide an auxiliary merging
lane in the mauka bound direction.
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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
southbound Komohana Street.
11. Modify the traffic signal system to provide a protected left-turn phase on
westbound Mohouli Street from Komohana Street.
R. All accesses to the property shall meet with the approval of the Department of
Public Works. There shall be no vehicular access to the existing side streets.
S. No lots shall have direct access from either Komohana Street or Mohouli Street.
Further, no single family residential lots shall have direct access from the
Ponahawai Street Extension and other proposed arterial streets.
T. Unless 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.
U. Duct lines for future traffic signals shall be installed at the intersection of
Ponahawai and Mohouli Streets meeting with the approval of the Department of
Public Works.
V. Streetlights and traffic control devices shall be installed as required by the
Department of Public Works.
W. A revised Traffic Impact Analysis Report (TIAR) certified by a licensed engineer
shall be submitted prior to receipt of a Certificate of Occupancy or Final
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Subdivision Approval for the project, whichever occurs first. All additional
mitigation measures called for in the revised TIAR shall be implemented.
X. Because of potential roadway noise, there shall be a minimum 70-foot setback
from the Komohana Street right-of--way, and a 90-foot setback from the Mohouli
Street right-of--way, for any residential structures.
Y. A minimum four-acre azea, meeting with the approval of the Planning Director
and the Depaztment of Pazks and Recreation, shall be developed as an active
neighborhood park prior to the issuance of a certificate of occupancy for any
multi-family residential development, or the occupancy of any single-family
homes. The pazk shall include an improved ball field and a restroom facility. The
park maybe dedicated to the County of Hawaii or retained in private ownership.
Z. To ensure that the Goals and Policies of the Housing Element of the General Plan
aze implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code, relating to Affordable Housing Policy. This
requirement shall be approved by the County Housing Agency prior to issuance of
a Certificate of Occupancy for the multiple family residential development or the
occupancy of the first single-family dwelling, whichever occurs first.
AA. All development-generated runoff shall be disposed of on-site and shall not be
directed towazd any adjacent properties. A drainage study certified by a licensed
engineer, shall be prepared and submitted to the Depaztment of Public Works
prior to issuance of Final Plan Approval or Final Subdivision Approval,
whichever occurs first. The drainage study shall address the difference between
the Corps of Engineers and FEMA mapping of the Alenaio Stream flood plain.
The applicant shall propose any changes to the FEMA Maps that are shown as
warranted by the detailed drainage study, unless a letter of map revision has
already been approved. Drainage improvements shall be constructed, meeting
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with the approval of the Department of Public Works. The applicant shall
maintain the two major floodways free of debris and obstructions, including trees
that could be uprooted and clog the culverts during storms.
BB. Any construction within the Federal Emergency Management Agency (FEMA)
designated flood zones shall conform to Chapter 27, Flood Control, of the Hawaii
County Code.
CC. There shall be no construction of residential structures and related improvements
or other substantial buildings, or subdivision roads (unless the roads are protected
from flooding in a manner meeting with the approval of the Department of Public
Works) within azeas designated Zone "AE" or "A" on the Flood Insurance Rate
Map. Restrictive covenants in the deeds of all lots shall give notice of the terms
of this rezoning condition. This restriction maybe 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 Hawaii Bureau of Conveyances shall
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
the Planning Department upon its receipt from the Bureau of Conveyances. No
residential lots maybe created which lack a buildable azea. As represented by the
applicant, the main Alenaio Stream drainageway shall be kept as an open space
azea, except for drainage improvements which maybe required pursuant to the
drainage study, and park improvements, including bicycle and pedestrian paths.
DD. All earthwork activity, including grading and grubbing, shall conform to
Chapter 1 Q Erosion and Sedimentation Control, of the Hawaii County Code.
EE. The applicant shall contact the U.S. Department of Army Corps of Engineers to
identify whether a Federal permit is required for any possible work involving the
discharge of fill material into wetlands or Alenaio Stream.
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FF. The applicant shall contact the State Department of Health as to whether a
National Pollutant Discharge Elimination System (NPDES) general permit is
required for this project.
GG. A Solid Waste Management Plan shall be prepared and submitted to the
Department of Environmental Management For review and approval prior to the
issuance of a Certificate of Occupancy.
HH. An azchaeological inventory survey of TMK: 2-2-37:1 shall be conducted and the
findings submitted to the Department of Land and Natural Resources -State
Historic Preservation Division (DLNR -SHPD) prior to any construction or land
disturbance activity on this eight-acre pazcel.
II. An azchaeological mitigation plan, which includes data recovery and preservation
components, shall be prepazed for the azchaeological site identified as Site 14947
(portion of Hilo Boazding School and Old Mission Ditch). This plan shall be
approved by DLNR -SHPD and the Planning Director. The plan shall be
implemented prior to issuance of a grading or grubbing permit.
JJ. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate azea shall cease and the Department of Land
and Natural Resources -State Historic Preservation Division (SHPD) shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the SHPD when it is found that sufficient mitigation measures
have beentaken.
KK. Pu'u Honu shall be preserved as a natural feature.
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LL. The developer shall make a fair share contribution to the Department of Education
pursuant to a uniform policy adopted by the Board of Education and uniformly
applied in the County of Hawaii.
MM. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
be initially based on the representations contained within the change of zone
application and maybe increased or reduced proportionally if the lot or unit
counts are adjusted. The fair share contribution for each lot or unit shall be based
on a maximum density for each lot or unit as determined by the zoning resulting
from this Project District Ordinance. The fair share contribution shall become due
and payable incrementally prior to the issuance of Final Plan Approval or Final
Subdivision Approval as the project is built out. The County Council shall
determine the Fair share contribution in a form of cash, land, facilities or any
combination. The fair share contribution maybe adjusted annually beginning
three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). 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 approval of the Planning Director in consultation with
the affected departments. The applicant shall be given credit against the fair share
assessment for any improvements to the road system in the immediate vicinity
(Komohana Street, Mohouli Street, and Kaumana Drive) to mitigate deficiencies
that would have occurred without the project, as identified in the revised TIAR.
NN. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
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herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
00. Comply with all other applicable laws, rules, regulations and requirements of
other affected agencies.
PP. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Project District Ordinance. The report
shall include, but not be limited to, the status of the development and the extent to
which the conditions of approval aze being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisfied and the
Planning Director acknowledges that further reports aze not required.
QQ. An initial extension of time for the performance of conditions within the
ordinance maybe granted by the Planning Director upon the following
circumstances:
(1) The non-performance is the result of conditions that could not have been
Foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
(2) Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the Project District.
(4) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one yeaz maybe extended for up to one additional year).
-21-
(5) If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the foregoing conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate rezoning of the area to it original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUN IL ~ BE CO TY O AWAI`I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENGFs Lomm. 5~
-22-
]1, rzs- t o - l o ~ o eN
PEN RS-10
W
O EN RM-2
KS-7.5
RS- O 1 V B 5
F
rzs- t o s ~ 109.52 N 7. s
~ 797.67 W
] "HALAI"
p ~SINGLE•FAMILY rzs-
RESIDENTIAL (RS-7.5)~TO
~ PROJECT DISTRICT. PD cN-I
~ ~ ~ 5 ` 8.088 ACRES ~
SINGLE-FAMILY K
RESIDENTIAL-~(RS-10) TO 5 ~e~l
PROJECT DISTRICT- PD
~ 5 ~ g 1.000 ACRE /
~ 2,796.813 AGRICULTURAL(A•1a)TO
3,573.93 W
.~HgLAp~, PROJECT, DISTRICT (PD)
112.129ACRES~~ cN-lo~ A-la
/NEIGHBORHOOD
A-la
COMMERCIAL (CN=40).TO
PROJECT DISTRICT- PD ~
Iz I
_ 5.000 ACRES
OPEN _ _ 1,837.525
- - 3,550.795 21.68 W ~
3,067.04 W - / "HALAI" - ~ A- I a
A- a
"HALAI" OPEN (O) TO ~ 5 ~ s
A- I a PROJECT DISTRICT, (PD)
45.287 ACRES
`
off A- l a ~ ~,r'~ ,1 R 1 M
PP j
U $~1'80t A-Ia
Kukua R
A I a ~ ~ / A- ~ A- I ~ _
l
950 4]5 0 950 1900 2850 3,000 4]50
Feet
AMENDMENT TO THE ZONING CODE
AMENDING 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 (A-1 a), NEIGHBORHOOD COMMERCIAL (CN-40),
SINGLE-FAMILY RESIDENTIAL (RS-7.5), SINGLE-FAMILY RESIDENTIAL (RS-10),
AND OPEN (O) TO PROJECT DISTRICT (PD)
AT PUNAHOA 1st AND 2nd, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-3-037:001, 2-3-044:019, 2-3-049:053 Date: January 7, 2004
EXHIBIT "A" (WESTERN UNITED LIFE ASSURANCE COMPANY:1116)