HomeMy WebLinkAboutORD 2004-144 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 248
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ORDINANCE NO. 04 X44
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`1 COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 1-ACRE (A- I a),
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 HAWAI`l:
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 "HALA[" being 3550.79 feet south and
3067.04 feet west and running by azimuths measured clockwise from true south:
I . 1 19° 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. I l9° 41' 250.00 feet along Mohouli Street Extension;
6. 29° 41' 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 along Lots 56-A, 56-B, and 3 of
Crescent City Heights Subdivision;
10. 324° 40' 50.00 feet along Liko Lehua Street;
I I . SQ° 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° I S' 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. 3 l6° 1 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 20, 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;
2R. 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 Benjamin 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 teet along Komohana Street;
Thence along Lot B on a curve to the left with a radius of 32.00 feet, the chord aamuth
and distance being:
36. 120° 40' 45.25 feet;
37. 75° 40' 285.75 feet along Lot B;
38. 345° 40' 668.26 feet along the remainder of Lot B;
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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;
I'hencc 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 "HALAL" being 2769.81 feet south
and 3573.93 feet west and running by azimuths measured clockwise from true south:
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l . 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 Pihnan and along Liko
Lehua Street to the point of bcbrinning
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:
I . 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 I-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° 1 T 960.00 feet along Lots I5, 16, 20, and 21 of
Sunrise Ridge Subdivision Unit I-B
and Lots 27 and 20, inclusive of
Sunrise Ridge Subdivision Unit 2-B,
File Plan 1693;
I I . 59° 01' 27" 1633.86 feet along Government Land;
12. 65° 46' 26" 260.53 feet along Government Land;
13. 1 19° 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 ofbcginning and
containing an area of 45.287 Acres.
LOT D:
beginning at the southeast corner of this parcel of land on the southwest side of
Komohana Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAL" being 1837.52 feet south and 21.68 feet west and
running by azimuths measured clockwise from true south:
I . 75° 40' 33433 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 Pihnan;
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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' 1 1.48 feet along Komohana Street;
9. 10° 30' 18.00 feet along Komohana Street;
l0. 333° 00' 83.14 feet along Komohana Street;
1 1. 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. I l feet to the point of heb*inning and
containing an area of 5.000 Acres.
LOT E:
Beginning at the north corner of this Oarcel 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 ti-om true
south:
L 320° 40' 42.10 feet along Komohana Street
2. 50° 40' 10.00 feet a]ong Komohana Street;
3. 320° 40' 146.28 feet along Komohana Strcct;
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;
l'hence along Komohana Street on a curve to the rift 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;
I I . 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 remaindcr of Grant 252
to Benjamin Pitman;
15. 153° 14' 30" 100.63 feet along Lot 16;
16. 136° I S' 120.00 feet along Lots 15 and 14;
17. 226° 15' 125.00 feet along Lot 17;
18. 136° I S' 60.00 feet along Lot 17;
19. 226° 15' 165.00 feet along Waipuna Place and Lot 10;
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20. 316° I S' 5.00 feet along Lot I I ;
21. 232° 49' 135.25 feet along Lots 1 1 and 12;
22. 322° 49' 5.00 feet along Lot I ;
23. 232° 49' 184.44 feet along Lots I 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:
(I) 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, office and retail commercial, open
space and recreational uses, and ancillary related improvements.
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D. The maximum number of residential units allowed shall be 500 units, which
includes a maximum of l50 multi-family residential units.
E. The maximum square footage of the commercial and office uses shall be 180,000
square feet. No single commercial business may contain more than 45,000 square
feet in gross floor area.
F. The minimum lot size for single-family residential units shall be 7,500 square
feet.
G. A minimum of 49 acres shall be used for open space and recreational uses.
H. 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.
I . All uses allowed as a matter of right in the RS, RM and CN zoned
distncts.
2. Open space and recreational uses, including ball fields, linear park, and
pedestrian and bikeways.
3. Infrastructure improvements.
I. 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
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improvements on the property, shall be submitted to the Planning Director within
one year from concurrence of a Drainate Master Plan cited in Condition BB, or
prior to submission of plans for plan approval or subdivision approval, whichever
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-
familyresidential uses are proposed, which conforms to specifics dctcnnined
through the landscaping master plan, in consultation with the neighboring
residents and the applicant. Commercial uses and multi-familybuildings shall be
no closer than 200' from existing residential lots adjoining the Project District A
landscaping buffer shall he utilized between commercial buildings, multi-family
units and single-family residential units.
a. The commercial area shall be located as far away as possible from existing
neighborhoods. The multi-family units shall be used as buffers or "block
walls" around commercial areas to miti~te noise and other negative
ambient conditions that are associated with commercial activity. All the
machinery, operational equipment for said commercial area and multi-
familyunits and parking shall be located in the space between the two
areas to further mitigate noise, odors, etc., for the surrounding
development and existing neighborhoods.
J. 1'he 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, stora~,~e and booster
pump facilities.
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K. The applicant shall pay applicable water commitment deposits in accordance with
the water commitment guideline policy to the Department of Water Supply within
ninety (9U) days from the effective date of the project district ordinance.
L Construction of the proposed multi-family residential and commercial
developments shall commence within five (5) years of the effective date of the
Project District Ordinance. Construction of an extension of Ponahawai Street
from Komohana Streel 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.
('ompletion 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
identity existing and proposed structures, fire protection measures, paved
driveway accesses and parking stalls, and other improvements associated with the
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).
M. The following design standards shall apply:
I . An overall landscaping master plan for the project area shall be prepared
and submitted to the Planning Director for review and approval prior to die
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issuance of Final Plan Approval for any portion of the proposed
development. 'fhe goals of the landscaping master plan shall be to
(1) visually filter parking areas from adjacent roadways and properties,
(2) ensure that buildings are framed in settings that incltiide trees, shade
parking areas, and moderate the overall appearance of parkingareas,
(3) create a landscaped area long the Komohana Street and Mohouli
Extension and roads adjoining the project area, and (4) visually filter the
view of the project area from the Komohana Street, where topog-aphy
provides extensive views into the project area from Hilo-bound motorists
on Mohouli Extension. To achieve these goals, the landscaping master
plan, at a minimum shall (I) require landscaping of all slopes from the
Mohouli Extension, the proposed Ponahawai Street Extension, and
Komohana Street to the parking areas, (2) screen parking areas from the
Mohouli Extension, and proposed Ponahawai Street Extension using
hedges, berms, or other visual buffers, except where slopes create an
effective visual barrier, and (3) make extensive use of trees. The standards
of Planning Department Rule 17, at minimum, shall apply.
2. The height limit for structures within the project shall not exceed the
following:
a. Single-Family Residential Development: thirty-five (35) feet.
b. Multi-family Residential Development: thirty-five feet (two
stories), 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.
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c. Office and Retail Commercial Development: forty (40) feet,
provided approval is wanted 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:
(1) On a building site with an area of 7,500 square feet to and
including 9,999 square feet:
(a) Front and rear yards: 15 feet; and
(b) Side yards: 8 feet for a one-story building, 10 feet for a
two-story building.
(2) On a building site with an area of 10,000 square feet to and
including 19,999 square feet:
(a) Front and rear yards: 20 feet; and
(b) Side yards: 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.
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b. Multi-family Residential Development:
(1) Front and rear yards: 20 feet; and
(2) Side yards: 8 feet for none-story building, l0 feet for atwo-story
building.
c. Office and Retail Commercial Development:
(I) Front and rear yards: 15 feet; and
(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 he complied with.
N. All project utility lines shall be under~-ound.
O. Sewer lines shall be installed within the development to connect with the Countys
sewer system, meeting with the approval of the Department of Environmental
Management, and prior to the issuance of a Certiticate of Occupancy.
P. 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 sixty
15
(60) feet and built to County dedicable standards, including the provision of curbs,
gutters, sidewalks, and bike paths 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.
Q. 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.
R. The following improvements (#I through #6) shall be made by the applicant
concurrently with the completion of the Ponahawai Street extension:
1. Provide separate left-turn, througfi, and right-turn lanes on tnakai bound
Ponahawai Street extension at Komohana Street.
2. Widen Komohana Street to provide exclusive left-turn and right-turn 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 separate
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.
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6. Widen the mauka leg of Mohouli Street to provide a mauka bound
auxiliary acceleration lane to mitigate the LOS "F" condition nn right-turn
movement from Ponahawai Street, during the PM peak hour with the
proposed project.
The following improvements (#7 through #I 1) 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-turn 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.
9. Modify the traffic si}~al 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.
I I . Modify the traffic signal system to provide a protected left-turn phase on
westbound Mohouli Street from Komohana Street.
S. All accesses to the property shall meet with the approval of the Department of
Public Works. No more than two vehicular accesses from existing streets in the
Kaumana area may be allowed or required by the Planning Director, in
consultation with the Department of Public Works, provided that such connection
shall be for emergency access only. A barricade shall be placed at the terminus of
the existing streets and the newly constructed streets, such barriers shall he paid
for by the applicant and approved by the Department of Public Works.
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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 access from the
Ponahawai Street Extension and other proposed arterial streets.
U. Unless otherwise specified by the Planning Director in consultation with the
Department of Public Works, all streets within the project shall he constructed to
dedicable standards, including the provision of curbs, gutters and sidewalks.
V. 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.
W. Streetlights and traffic control devices shall be installed as required bythe
Department of Public Works.
X. A revised Traffic Impact Analysis Report (TZAR) certified by a licensed engrineer
shall he submitted prior to receipt of a Certificate of Occupancy or Final
Subdivision Approval for the project, whichever occurs first. All additional
mitigation measures called for in the revised TZAR shall he implemented.
Y. Because of potential roadway noise, there shall be a minimum 70-foot setback
from the Komohana Street right-ot=way, and a 90-foot setback from the Mohouli
Street right-of-way, for any residential structures.
Z. A minimum five-acre area, meeting with the approval of the Planning Director
and the Department of Parks and Recreation, shall be developed as a passive
neighborhood park prior to the issuance of a certificate of occupancy for any
multi-family residential development, or the occupancyof any single-family
18
homes. The park shall include a restroom facility. The park maybe dedicated to
the County of Hawaii or retained in private ownership, but in either case, shall be
made open to the general public.
AA. To ensure that the Goals and Policies of the Housing Element of the General Plan
arc implemented, the applicant shall comply with the requirements of Chapter 1 I.
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 multi-family residential development or the
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
directed toward any adjacent properties. A Drainage Master Plan certified by a
licensed engineer, shall he prepared and submitted to the Department of Public
Works for concurrence prior to the submittal of the Project District Master Plan,
prior to issuance of Final Plan Approval or Final Subdivision Approval,
whichever occurs first. The Drainage Master Plan shall address the difference
between the Corps of Enbrineers and FEMA mapping of the Alenaio Stream flood
plain. The applicant shall pay for the hiring of an engineer by the County of
Hawaii to independently evaluate the completed Drainage Plan. The applicant
shall propose any changes to the FEMA Maps that are shown as warranted by the
detailed Drainage Master Plan, unless a letter of map revision has al ready been
approved. Drainage improvements shall be constructed, meeting with the
approval of the Department of Public Works. The applicant shall maintain the
two major tloodways free of debris and obstructions, including trees that could he
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 Gardens Subdivision and the Hilo Boarding
School Ditch.
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CC Any construction within the Federal Emergency Management Agency (FEMA)
designated flood zones shall conform to Chapter 27, Flood Control, of the Hawaii
County Code.
DD. There shall he 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 Deparhnent of Public
Works) within areas designated Zone "AE" or "A" on the Flood Insurance Rate
Map. Restrictive covenants in the deeds of all lots shall give notice of the teems
of this rcwning 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 he tiled with
the Planning Department upon its receipt from the Bureau of Conveyances. No
residential lots maybe created which lack a buildable area. As represented bythc
applicant, the main Alenaio Stream drainageway shall be kept as an open space
area, except for drainage improvements which maybe required pursuant to the
Drainage Plan, and park improvements, including bicycle and pedestrian paths.
EE. An Emergency Preparedness and Response Plan shall be submitted fbr review by
the Planning Department in consultation with the Fire Department, Police
Department, Department of Public Works and the Civil Detense Agency prior to
the issuance of a Certi ticate of Occupancy for any residential unit. The plan shal I
be limited to a review of the emergency road network, emergency contact people
or association, and use of the emergency evacuation shelter or shelters as required
below.
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FF. The applicant, in conjunction with the Civil Defense Agency, shall designate
appropriate commercial units within the Project District for use as an emergency
evacuation shelter or shelters, which shall be operated in accordance with Civil
Defense Agency policies and procedures.
GG. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code.
HH. The applicant shall contact the U.S. Dcpartmcnt of Anny Corps of Eng~necrs to
identify whether a Federal permit is required for any possible work involving the
discharge of fill material into wetlands or Alcnaio Stream.
11. 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. Onc or more siltation basins maybe incorporated into a
water quality plan to prevent further degradation of the water quality of Hilo Bay
or the Wailoa Estuary. These and other pollution prevention measures maybe
incorporated if deemed necessary by the State of Hawaii, Dcpartmcnt of Health.
JJ. 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.
KK. An archaeolotrica] inventory survey of TMK: 2-2-37:1 shall be conducted and the
tindings 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 parcel.
21
l.L. An archaeological mitigation plan, which includes data recovery and preservation
components, shall be prepared for the archaeologcal site identified as Site 14947
(portion of Hilo Boarding 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 Fading or grubbing permit.
MM. Should any unidentitied 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 area 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 been taken.
NN. Pu`u Honu shall be preserved as a natural feature.
00. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to parks and recreation, tire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to final plan approval of that phase of the increment
to be developed. 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 date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPJ). 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
22
agencies and approval of the Hawaii County Council. The applicant shall be Ewen
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 deticiencies that would have occurred without the project, as identified
in the revised TZAR.
The fair share contribution shall have a maximum combined value of $9,671.44
per single-family residential unit and $6,078.25 per multi-family residential unit.
The total amount shall he increased or reduced in proportion with the actual
number of units according to the calculation and payment provisions set forth in
this condition.
The fair share contribution per single-family residential unit shall be allocated as follows:
1. $4,663.74 per single-family residential unit to the County to support park and
recreational improvements and facilities;
2. $224.9A per single-family residential unit to the County to support police
facilities;
3. $444.36 per single-family residential unit to the County to support fire facilities;
4. $194.55 per single-family residential unit to the County to support solid waste
f~lcilities;
5. $4,143.81 per single-family residential unit to the State or County to support road
and traftic improvements.
The fair share contribution per multi-family residential unit shall be allocated as follows:
23
l . $2,998.18 per multi-family residential unit to the County to support park and
recreational improvements and facilities;
2. $94.76 per multi-family unit to the County to support police facilities;
3. $291.48 per multi-family unit to the County to support fire facilities;
4. $129.92 per multi-family unit to the County to support solid waste facilities;
5. 52,563.91 per multi-family unit to the State or County to support road and traftic
improvements;
PP. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified hnpact Fees
Ordinance.
QQ. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
RR. 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 are being satisfied. This condition shall remain
in effect until all of the conditions of approval have been satisted and the
Planning Director acknowledges that further reports arc not required.
24
SS. An initial extension of time for the pcrfonmance of conditions within the
ordinance may be 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 assi+,~s,
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 Codc.
(3) Granting of the time extension would not he contrary to the original
reasons for the ranting 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 perfonncd within
one year maybe extended for up to one additional year).
(5) If the applicant should require an additional extension of time, the
Planning Departrnent 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 origrinal or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
im~alidity shall not affect the other parts of this ordinance.
25
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~
a,,~`t..
COU CIL M BE , CO TY OF WAI`1
Kona ,Hawaii
Date of Introduction: November 10 , 2004
Date of lst Reading: November 10, 2004
Date of 2nd Reading: November 24 , 2004
Effective Date: December 8, 2004
R2 R:;<~NC_~: Ccr-~ri. 560.46
26
eN Ry.ip to o N
~ 9~s- l o
RS-7.5 O F.N RM-?
~ PS_ p e ~ s
~-io ~ 109.52N 7.s
_ 7 797.67 W
~ "HALM"
SINGLE•FAMILY ~
~ RESIDENTUIL-(R3~7.~1T0
PROJECT DISTRICT. D c" '
` ` SINGLE-FAMILY
RESIDENTUIL-~(RS;10)TO
i ~ PROJECT•DIS T fey
1.000 ACRE z
V
r~.n S.
~,37J.Ww AGRICULTURAL(A•1a)TO
^HAW"' PRO:IECT,DISTRICT (PDj
~ ~ CN-I O~ A.I n
q_„ /NEIGHBORHOOD
COMMERCIAL (CN=40).TO
PROJECT DISTRICT PD ~ ~ a t
e
OPEN 1,Q77.SIS ~ _
- - 1sso.ras n.eew
1,osr.aw "mow"'
~ W ' ~ OPEN (0) TO A-` a
q.~a PROJECT; DISTRICT (PD) s
X5.297. ACRES
'~52 ~ -
i n-i, p ~ _ I
4y' v
Kulu+au 5tn~t q- i a
i'~ a
R .
950 In 0 _ _ ~ t,900 1115p 9N0 s.rs0
iM
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-1a), 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-}037.001. 2-3041:019, Y-3-048.053 D2te: January 7, 2004
EXHIBIT ttA.~ (WESTERN UNITED LIFE ASSURANCE COMPANY l t 16)
OPP'ICE OF THE COUNTY CLERK
County of Hawaii
Kona ,Hawaii
(Draft 5)
Introduced By: Leningrad Elarionoff ROLL CALL VOTE
Uatc Intruduced: November 10, 2004 AYF,S NOES ABS F:X
First Reading: November 10, 2004 Arakaki X _ - -
Published: Nove_m_ber 21, 20__09 Chung X
Elarionoff X
RE,1.f~IRf:S Holschuh X
Jacobson X
- - 'Y
R~ Holds X
Safarik X
- - Tulang X
- -
Tyler X
7 1 1 ~G
SecondRcading: November 24, 2004 _ (Draft 6)
To Ma~~or: November 29, 2004 ROLL CALL VOTE
Rcwrncd: December 9, 2004 AYES NOES ABS EX
Effective: pPr-Pmb~ 8, 2004 Arakaki X
Published: December 15 , 2004 Chung X
Elarionoff X
KE4-/.-IKI;.S: Holschuh X
- - _ _ Jacobson X
- - - -
t
_ _ Reynolds X
_ Safarik X
- - - Tulang X
Tyler X
7 2 0 C
i
1 UO /IF_REB)' ('EIZTIFY'lhat the foregoing BILL was adopted by the County C'ouncr] pz~blished as indicu~ed
chore.
APPROVED AS TO
FORM AND LEGAI,.tTY: i
~ ~'f~ - - _ Y)UNC'/L CHA/RMAN
D~L~UTY CORPORATION COUNSEL ;,u
COUNTY OF HAWAII
bE`PUTY COUNTY CLERK
Date
BiIINo.: 248 (Draft 6)
,tL.. C-560 . 46/PC-11"7
.Ipproree Jlsapprurrdihie ~j day Reference:
~~,c~bar ao o_~. ord: _~4 144
~ t~~
1 F(JR, C UNT}' OF HAWAII
//a~rai 'r (biin~~ cv nn Equal Opportumry Yromdrr and l9nplover