HomeMy WebLinkAboutRES 439 Draft 01 2004-2006 COUNTY OF HAW~:I`~~~ n=ATE OF HAWAII
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RESOLUTION NO. 439 06
RESOLUTION AUTHORIZING TH8 EXEMPTION OF CERTAIN ZONING CODE
RBQUIR8M8NTS FOR THE WAIKOLOA EMPLOY88 HOUSING PROJECT PURSUANT TO
CHAPTER 46-15 OF THS HAWAII REVISED STATUTES
WHEREAS, the County of Hawai i, transferred approximately 276
acres of land in Waikoloa, South Kohala, Hawaii, to the Hawaii
Island Housing Trust, further described as TMK: 3/6-8-02:26 and 3/6-8-
30:179. The property is zoned RS-10 and is undeveloped and is also
known as the Waikoloa Employee Housing Project (WEHP); and
WHEREAS, on June 5, 1991, the Hawaii County Council adopted
Resolution No. 328-91 which designated the Schuler Development as the
initial phase of the WEHP demonstration and experimental project and
exempted the first phase of the WEHP from certain laws, code
requirements and standards, as established by the Department of Public
Works and the Planning Department; and
WHEREAS, the Office of Housing and Community Development wishes
to leave Resolution No. 328-91 intact; and
WHEREAS, on August 21, 1991, the Hawaii County Council adopted
Resolution No. 364-91 which designated the Waikoloa Employee Housing
Project (WEHP) as an "Experimental and Demonstration Housing Project"
as provided by Section 46-15, Hawaii Revised Statutes (HRS); and
WHEREAS, the County of Hawai i, through it's Housing Agency's
goals and objectives has established as one of its housing goals, to
promote new, innovative and flexible housing developments to meet the
changing needs of residents; and
WHEREAS, the Mayor of the County of Hawaii is empowered to
designate areas of land for experimental and demonstration housing
projects to research and develop ideas to reduce the cost of housing;
and
WHEREAS, the Office of Housing and Community Development wishes
to amend Resolution No. 364-91 by re-designating the part of the area
covered by the Employee Housing Project (WEHP), further described as
TMK: 3/6-8-02:26 and 3/6-8-30:179, which contains approximately 276
acres of land (Exhibit A) as an "Experimental and Demonstration
Housing Project" as provided by Section 46-15, Hawaii Revised
Statutes (HRS).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that the project site, identified on a map attached hereto as
Exhibit "A", shall be exempt from certain laws, code requirements and
standards, as established by the Department of Public Works and the
Planning Department as identified in Exhibits "B" and "C"; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to designate
the Housing Administrator of the County of Hawaii to serve as the
designated County Official to administer the "Experimental and
Demonstration Housing Project" as provided by Section 46-15, HRS.
BE IT FURTHER RESOLVED, that copies of this Resolution be sent to
the Administrator of the Office of Housing and Community Development
and the Hawaii Island Housing Trust.
Dated at Hilo this 7th day of SeAtember 2006.
NTRODUCED/1~Y:
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COUNCIL M M R, C Y 0 HAWAI'
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai i AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the H[GA X
vote indicated to the right hereof adopted by the COUNCII. of HoEFMANN X
the County ofHawai'ion 4aztamhPr 7 ~nn6 HOLSCHUH g
IKEDA X
ATTEST: ISBELL X
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PILAGO g
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COUNTY CLERK CHAIRM & PRESIDING OFFICER RESOLUTION NO.
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WAIKOLOA EMPLOYEE HOUSING PROJECT (Project)
Proposed List of Hawaii County Code Preemption Items
1.0 Chapter 10. Erosion and Sedimentation Control
1.1 Article 2, Section 10-11 (Hawaii County Code), Fees
Waiving the requirement for grading permit fees.
Grading inspection shall be provided by a Project inspector approved by the
Deparhnent of Public Works.
1.2 Article 3, Section 10-18 (a) (1), (2), and (3) (Hawaii County Code), Conditions
of Permit
Waiving the requirements of Section 10-18 (a) pertaining to the cut and fill
heights and slopes.
Cut and fill heights and slopes shall be determined by the Project's licensed
geotechnical engineer.
1.3 Article 3, Section 10-19, Distance from property line for cut or fill slopes.
Waiving the requirements of Section 10-19 pertaining to the distance from the
property line for cut or fill slopes.
Distances shall be determined by the Project's licensed geotechnical engineer.
1.4 Article 3, Section 10-20 (Hawaii County Code), Maximum cleared area.
Waiving the requirements of Section 10-20 (HCC) that limits the maximum area
to be cleared to twenty acres.
Erosion and sedimentation controls shall be per a Department of Public Works
approved Erosion and Sedimentation Control Plan.
EXHIBIT "C"
2.0 Chapter 23. Subdivision Code
2.1 Article 3, Division 1, Section 23-22 (Hawaii County Code). Compliance with
design standards required.
Waiving the requirements that each subdivision and the plat thereof conform to
the standazds set forth in this azticle (Article 3. Design Standazds).
The subdivision will vary from the design standards pertaining to pazk area
dedication, block sizes, pedestrian ways, lot size, shape and setbacks, and street
design; and waivers from Sections 23-26, 23-29, 23-31, 23-32, 23-33, 23-41 and
23-48 of the Subdivision Code are sought, as detailed below. The design and
construction of the subdivision will conform to project construction plans
approved by the appropriate County departments.
2.2 Article 3, Division 1, Section 23-26 (Hawaii County Code). Reservation for
parks, playgrounds, and public buildings.
Waiving the requirement that five to ten percent of land area, exclusive of streets,
shall be reserved for a period of two years for acquisition by a public agency.
Although the Project will be reserving more than 10% of suitable areas for pazks,
playgrounds, schools, and other public buildings sites, some of the community
facilities maybe funded by the project for use by the project residents. The area
for such uses, therefore, would not be reserved exclusively for acquisition by a
public agency,
2.3 Article 3, Division 2, Section 23-29 (c) (Hawaii County Code). Block sizes.
Waiving the recommended minimum distance between intersections on arterial
streets.
The minimum distance between intersections on arterial streets will be less than
the recommended eighteen hundred feet to accommodate the two main Project
intersections with the planned extension of Paniolo Drive (designated as a
secondary arterial street on the County General Plan.) Intersection locations are
generally indicated on the attached Exhibit A, Waikoloa Employee Housing
Preliminary Site Plan. The location of intersections with the extension of Paniolo
Drive will also be reflected on construction plans for the extension of Paniolo
Drive being prepared by Waikoloa Heights, developers of the adjoining
subdivision. Such plans will be reviewed and approved by the Director of Public
Works.
2
2.4 Article 3, Division 2, Section 23-31 (Hawaii County Code). Pedestrian ways.
Waiving the requirement that, for any block over seven hundred fifty feet in
length, the director may require creation of a pedestrian way to be constructed to
conform to standards adopted by the Department of Public Works.
Sidewalks will be incorporated with roadways designs that will conform to
construction plans approved by the Depaztment of Public Works.
2.5 Article 3, Division 3, Section 23-32 (Hawaii County Code). Lot size, shape,
and setback line.
Waiving the requirement of Section 23-32 that the lot size, width, and minimum
building setback lines be in conformance with the provisions of Chapter 25,
Zoning Code.
Lot sizes, average minimum width, and setbacks will vary from that specified
within the County Code to accommodate a mix of product type, increase the
efficiency of the land use, and thus yield a more compact and pedestrian oriented
development. The sizes, widths, and setback lines for such lots will conform to
specific standards approved by the County Council for the Waikoloa Employee
Housing Project (Project), as detailed below pertaining to Sections 23-33 (Item
2.6); and 25-5-5, 25-5-6, and 25-5-7 (Items 3.8, 3.9, and 3.10, respectively).
2.6 Article 3, Division 3, Section 23-33 (Hawaii County Code). Minimum Lot
Sizes
Waiving the requirement of section 23-33 that the minimum sizes of various types
of lots shall be in conformance with the provisions of Chapter 25, Zoning Code.
The minimum lot size for the Waikoloa Employee Housing project shall be two
thousand (2,000) square feet.
2.7 Article 3, Division 4. Section 23-41 (Hawaii County Code). Minimum right-
of-way and pavement widths.
Waiving the requirements of Section 23-41 for streets with curbs and gutters in
urban azeas, and replacing these with the following minimum requirements:
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(1) Collector street minimum requirement
60' right-of--way, 36' pavement is replaced with a 50' right-of--way, 28'
pavement.
(2) Minor street minimum requirement
50' right-of--way, 32'pavement is replaced with a 50' right-of--way,
20'pavement.
(3) Cul-de-sac minimum requirement
50'right-of--way, 32'pavement is replaced with a 46' right-of--way, 26'
pavement.
2.8 Article 3, Division 4, Section 23-48 (a) (Hawaii County Code). Cul-de-sacs.
Waiving the requirements of Section 23-48 (a), which states:
"(a) A cul-de-sac shall be as short as possible and shall not be more than
six hundred feet in length nor serve more than eighteen lots: provided that
longer streets maybe approved by the director when unusual conditions
exist."
Due to the relative smaller lot sizes and topographic constraints of the site, the
number of lots on a cul-de-sac shall be twenty six (26) lots and cul-de-sac lengths
shall not be more than eight hundred (800) feet in length.
2.9 Article 4, Division 1, Section 23-60 (Hawaii County Code). Application fees
for subdivision plans.
Waiving the requirements of Section 23-60 pertaining to the payment of
application fees ($250 plus $25 per lot) for subdivision applications pertaining to
the development of the Waikoloa Employee Housing Project.
2.10 Article 6, Division 1, Sections 23-81, 82 and 83 (Requirements for Bonding)
Waiving the requirements to either complete subdivision improvements or
provide a bond and agreement with the County as a condition of final subdivision
approval and offering of sale.
The Project infrastructure will be financed with the County by means of a
Community Facilities District (CFD) bond ordinance approved by the County
Council. The approval of the CFD Bond by the County Council insures that
adequate funding is in place for the construction of all subdivision related
infrastructure. Final subdivision approval shall not be issued prior to Council
approval of the CFD bond for the subdivision related improvements for the
corresponding subdivision increment.
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2.11 Article 6, Division 2, Improvements Required, Section 23-86. Requirements
for dedicable streets; Sectiou 23- 89. Sidewalks; Section 23- 90. Pedestrian
way; Section 23-91. Curbs and gutters; Section 23-93 Street Lights; Section
23-94 Street name and traffic signs.
Waiving the requirements of the above sections that dedicable streets be designed
in accordance with "specifications on file with the department of public works."
Dedicable streets will be designed in accordance with construction plans approved
by the County Department of Public Works. Plans and dimensions for typical
Project roads are shown the attached Exhibit B, Waikoloa Employee Housing -
Typical Roadway Sections.
2.12 Article 7, Section 23-96 (Hawaii County Code) Inspection by director of
public works and manager.
Waiving the requirements of Section 23-96 pertaining to inspection by Director of
Public Works and Manager of the Department of Water Supply.
Inspection will be conducted by a Project inspector approved by the Director of
Public Works and Manager of the Department of Water Supply.
2.13 Article 7, Section 23-97 (Hawaii County Code) Inspection fee.
Waiving the requirement for inspection fee for inspections of subdivision
improvements.
Inspections will conducted by a Project inspector approved by the Director of
Public Works.
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3.0 Chapter 25, Zoning Code
3.1 Article 2, Division 6, Section 25-2-61 (a) (Hawaii County Code).
Applicability; use permit required.
Waiving the provisions within Section 25-2-61 (a) requiring a use permit for
meeting facilities, day caze facilities, and schools.
Meeting facilities, a day care facility, and a public elementazy school aze uses
specifically proposed for the Project as detailed below with regazds to Section 25-
5-3, Permitted Uses (Item 3.6), and therefore use permits would not required for
such uses.
3.2 Article 3, Section 25-3-5 (Hawaii County Code), Application of district
regulations.
Waiving the requirement of Section 25-3-5 that any land use shall comply with all
of the regulations specified in this chapter for the district in which it is located.
The land use will be in accordance with the specific regulations for the existing
Residential Single-Family (RS-10) District approved by the County Council for
the Project, as detailed below pertaining to Sections 25-5-3 through 25-5-8 (Items
3.6 through 3.11, respectively).
3.3 Article 4, Division 1, Section 25-4-2 (Hawaii County Code). Conditions for
construction of buildings designed for human occupancy.
Waiving the requirements of Section 25-4-2 which states:
(a) "On any building site, no building designed or intended for human occupancy
shall be constructed and no permit therefore shall be issued unless:
(1) the building site is served by a County water system or privately
owned and operated water system, or other private, individual means
of providing water to the building site is demonstrated; and
(2) a wastewater treatment system for the proposed building has been
approved by the State department of health.
(b) On any building site in any subdivision approved by the director under
chapter 23 of this code, no building designed or intended for human
occupancy shall be constructed and no permit issued therefore until either:
(1) The streets, drainage improvements, water supply system, if any, and
sewage disposal system, if any, have been constructed, inspected and
approved by the appropriate County agencies; or
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(2) Final subdivision approval has been secured by the subdivider in
accordance with chapter 23, by posting a surety bond or other security
guaranteeing the construction of all of the subdivision improvements
as shown on approved construction drawings and specifications,
provided that final occupancy of any dwelling unit shall not be granted
until the subdivision improvements for the pazticulaz increment in
which such dwelling unit is situated have been constructed, inspected
and approved by the appropriate County agencies. "
Construction of the Project water, streets, drainage improvements, and sewage
disposal system will be constructed concurrent with the building construction.
Therefore, building permits shall be issued prior to such systems having been
inspected and approved by the appropriate County agencies. Provided, however,
final occupancy of any dwelling unit shall not be granted until the subdivision
improvements for the particulaz increment in which such dwelling unit is situated
have been constructed, inspected, and approved by the appropriate County
agencies; and a wastewater treatment system for the proposed building has been
approved by the State department of health.
Additionally, as detailed above pertaining to Sections 23-81 through 83 (item
2.10), posting of a surety bond or other security will not be required as a condition
of final subdivision approval for the Waikoloa Employee Housing Project. The
Project infrastructure will be financed with the County by means of a Community
Facilities District (CFD) bond ordinance approved by the County Council. The
approval of the CFD Bond by the County Council will insure that adequate
funding is in place for the construction of the required subdivision related
infrastructure. Final subdivision approval, however, shall not be issued prior
Council approval of the CFD Bond funding the construction of the subdivision
related infrastructure of the corresponding subdivision increment.
3.4 Article 4, Division 1, Section 25-4-8. (Hawaii County Code). Temporary real
estate offices and model homes.
Waiving the requirements of Sections 25-4-8 (b) (2), (4), and (6) that state:
"(2) The temporary real estate office and/or model home shall not be used
for a period longer than twenty-four months from the date of plan approval
by the director; provided that extensions maybe granted by the director. "
"(4) The temporary real estate office an/or model home shall be used
exclusively for marketing of lots and/or units located within the
development in which it is to be located. In multi-phased developments, a
temporary real estate office or model home maybe allowed for each
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development phase for a period not to exceed twenty-four months. Time
extensions maybe granted by the director. "
"(6) The temporary real estate office and/or model home shall comply
with the minimum set-back and height requirements of the pazticulaz
zoning district. "
In that units and homes, if sold by the first and subsequent owners, aze to be sold
back to the property owner, Waikoloa Workforce Housing, LLC, mazketing and
sales of homes within the Waikoloa Employee Housing Project will be an
ongoing activity of the Project. Therefore real estate office and/or model homes
shall be a permitted use in the Waikoloa Employee Housing Project, as specified
below pertaining to Section 25-5-3 (Item 3.6), and there shall be no time limit as
to their use. Furthermore, the minimum setback and height requirements for a
real estate office and/or model home shall be as specified below pertaining to
Sections 25-5-4 and 25-5-7 (Items 3.7 and 3.10, respectively).
3.5 Article 5, Division 1, Section 25-5-2 (Hawaii County Code). Designation of
RS districts.
Waiving the requirements of Section 25-5-2 that establishes the maximum density
in the RS district.
The maximum density in the Waikoloa Employee Housing Project shall be no
greater than one dwelling unit or separate rental unit per two thousand (2,000)
squaze feet of land.
3.6 Article 5, Division 1, Section 25-5-3 (Hawaii County Code). Permitted uses.
Waiving the requirements of Section 25-5-3 (a). The permitted uses within the
Waikoloa Employee Housing Project shall be as follows:
1. Adult day care homes
2. Churches, temples and synagogues
3. Commercial or personal service uses on a small scale
4. Community buildings
5. Community parks, playgrounds, tennis courts, swimming pools, or similar
community neighborhood recreational areas and uses
6. Convenience and community retail stores
7. Day care centers
8. Dwellings, double-family or duplex
9. Dwellings, multiple-family
10. Dwellings, single-family
11. Family child care homes
12. Home occupations
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13. Medical clinics
14. Meeting facilities
15. Model homes
16. Public uses and structures
17. Restaurants
18. Schools
19. Temporazy real estate offices
20. Utility substations
21. Mixed use residential
3.7 Article 5, Division 1, Section 25-5-4 (Hawaii County Code). Height Limit.
Waiving the requirements of Section 25-5-4.
The height limit within the Waikoloa Employee Housing Project shall be fifty
(50) feet. Additionally, the Planning Director may permit by plan approval any
non-residential structure to be constructed to a height above forty-five feet if the
director determines that additional height above the fifty (50) foot limit is
necessary.
3.8 Article 5, Division 1, Section 25-5-5 (Hawaii County Code). Minimum
building area.
Waiving the requirements of Section 25-5-5 pertaining to minimum building site
area.
The minimum building site area in the Waikoloa Employee Housing Project shall
be two thousand (2,000) squaze feet.
3.9 Article 5, Division 1, Section 25-5-6 (Hawaii County Code). Minimum
building site average width.
Waiving the requirements of Section 25-5-6 pertaining to minimum building site
average width.
The minimum building site average width within the Waikoloa Employee
Housing Project shall be forty (40) feet.
3.10 Article 5, Division 1, Section 25-5-7 (Hawaii County Code). Minimum yards.
Waiving the requirements of Section 25-5-7 pertaining to minimum yazds.
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The minimum yazds in the Waikoloa Employee Housing Project shall be ten (10)
feet for front and rear yards and five (5) feet for side yazds; except for building
sites gaining access from an alley, in which case the minimum yazds shall be five
(5) feet for the front yard facing the alley, ten (10) feet for rear yards, and five (5)
feet for side yazds.
3.11 Article 5, Division 1, Section 25-5-8 (Hawaii County Code). Other
regulations.
Waiving the requirements of Section 25-5-8. Other regulations for the Waikoloa
Employee Housing Project shall be as follows:
a) There may be more than one main building on any building site.
b) The distance between the main buildings on the same building site shall be
as allowed by the County Building Code.
d) Exceptions to the standards regazding heights, building site areas, building
site average widths, and yazds maybe approved by the Planning Director
with Plan Approval.
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