HomeMy WebLinkAboutRES 671 Draft 01 2006-2008COUNTY OF HAWAI' I STATE OF HAWAI' I
RESOLUTION NO.
6'71 0 8
RESOLUTION AMENDING RESOLUTION 38-95 AUTHORIZING THE EXEMPTION
OF THE PI'IHONUA CAMP RENOVATION/CONVERSION PROJECT FROM CERTAIN
ZONING, SUBDIVISION AND ROADWAY CODES AND REQUIREMENTS, PURSUANT
TO SECTIONS 46-15.1 AND 201H-38 OF THE HAWAII REVISED STATUTES
WHEREAS, on February 1, 1995, the Council of the County of
Hawaii adopted Resolution 38-95, approving the subdivision of
the Pi'ihonua Camp Conversion Project and, pursuant to Section
201E-210 of the Hawaii Revised Statutes (which section has been
replaced by Section 201H-38 of the Hawaii Revised Statutes),
approving preemption of certain laws and rules for the
subdivision as set forth on "Exhibit B" to Resolution 38-95, a
copy of which is attached hereto; and
WHEREAS, item 1 on Exhibit B to Resolution 38-95 was to
"preempt the existing Agricultural 20 acres (A-20a) zoning for
the proposed subdivision to Single-Family Residential zoning
(RS), with minimum building site area for each proposed lot
equal to the actual area of each proposed lot. for the
purpose of allowing the creation of nonconforming lots around
existing infrastructure, dwellings and other structures"; and
WHEREAS, Lots 1 through 5 of the Pi~ihonua Camp Conversion
Project, as depicted on the subdivision plans for the project,
were zoned "Open" and were therefore unintentionally omitted
from "Exhibit B" to the Original Resolution; and
WHEREAS, the Council desires to amend Resolution 38-95 to
specifically include areas having Open zoning in the areas of
Pi'ihonua Camp Conversion Project that were subject to the other
preemptions as set forth in the Original Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that, pursuant to Sections 201H-38 and 46-15.1 of the
Hawaii Revised Statutes, Resolution 38-95 is hereby amended by
inserting "and Open zoning" immediately following "zoning" in
the second line of item 1 on "Exhibit B."
BE IT FURTHER RESOLVED, that the Clerk of the County of
Hawaii is directed to transmit copies of this resolution to (1)
the President of the Pi'ihonua Camp Corporation, (2) the Housing
Administrator of the Office of Housing and Community
Development, and (3) the Planning Director for the County of
Hawaii.
2008.
Dated at Hilo Hawaii, this 3rd day of June
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of
the County ofHawai'i on June 3. 2008
ATTEST:
ROLL CALL VOTE
AYES NOES ABS EX
FORD }(
HIGA X
HOFFMANN }{
IKEDA g
JACOBSON
NAEOLE }{
PILAGO g
YAGONG X
YOSHIMOTO X
6 0 0
eference
E~ ~ERK CHA A ,RES ING OFFIC R RE
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1
C-1262/Waived CHA
SOLUTION NO. 6~1' ~~
Proposed Preemptions/Restrictions for Pi'ihonua Camp
Renovation/Conversion Project:
1. Preempt the existing Agricultural 20 acres (A-20a)
zoning and Open Zoning for the proposed subdivision to
Single-Family Residential zoning (RS), with minimum
building site area for each proposed lot equal to the
actual area of each proposed lot, as shown on the proposed
subdivision map for the project, for the purpose of
allowing the creation of nonconforming lots around existing
infrastructure, dwellings and other structures.
2. Preempt the ohana provisions of the Zoning Code so as to
disallow ohana dwellings within the proposed subdivision.
3. Preempt the water system requirements of the Subdivision
Code so as to allow the proposed subdivision with the
existing County water storage system and transmission
lines.
4. Preempt the roadway requirements of the Subdivision Code so
as to allow the proposed subdivision with a 40-foot road
right-of-way and the existing roadway pavement width.
5. Prohibit any increase in density within the proposed
subdivision (with the exception of proposed lots on which
no dwellings are presently located), until roadway, water
transmission lines and other improvements are completed to
satisfy the requirements of the appropriate County agencies
and other appropriate governmental agencies.
6. Preempt the front, side and rear yard setback requirements
of the Zoning Code so as to allow the proposed lots with
the front, side and rear yard setbacks designated on the
proposed subdivision map for the project.
7. Prohibit the construction of any new structures, or
additions to existing structures, within the front, side
and rear yard setbacks designated on the proposed
subdivision map for the project.
8. Preempt the Subdivision Code's requirement that all lots in
a subdivision must front on a public or private street.
1556pmko Amended Exhibit "B"
9. Preempt the Zoning Code's requirement which would prohibit
more than one single family dwelling per building site to
be located on proposed Lots 21 and 23; provided that one of
the two dwellings on each of Lots 21 and 23 must be removed
within two years of final subdivision approval of the
proposed subdivision.
10. Preempt the Zoning Code's requirement that no structures
straddle lot lines, with respect to all existing structures
in the proposed subdivision that straddle lot lines.
11. Preempt the Zoning Code's requirement of minimum building
site average width for lots within the proposed
subdivision.
1556pmko
f ~ ,.
~ COUNTY OF HAWA!! STATE OF HAWA!!
. RESOLUTION N0. ~~ ~~
' ~, AUTHORIZING THE EXEMPTION OF THE PI'IHONUA CAMP
RENOVATION/CONVERSION PROJECT FROM CERTAIN ZONING, SUBDIVISION
AND ROADWAY CODES AND REQUIREMENTS PURSUANT TO CHAPTERS 201E-201
AND 201E-210 OF THE HAWAII REVISED STATUTES `
WHEREAS, the Hawaii County Housing Agency (hereinafter
"HCHA") approved the development of the Pi`ihonua Camp
Renovation/Conversion Project on May 23, 1989; and
WHEREAS, the County of Hawaii (hereinafter "County") will
acquire agriculturally zoned land in Pi`ihonua Camp, South Hilo,
Hawaii, identified as a portion of TMK: 2-6-9: Por. 5; and
WHEREAS, the Office of Housing and Community Development ~.
{hereinafter "OHCD") desires to subdivide said land to provide
decent, safe and sanitary housing to qualified individuals; and
WHEREAS, the Pi`ihonua Camp Corporation {hereinafter "PCC")
i,:: a non-profit corporation organized in the State of Hawaii; and
WHEREAS, the County desires to transfer title of said
property to the FCC to provide decent, safe, sanitary and
affordable housing to qualified individuals of the Pi'ihonua
Camp; and
WHEREAS, the County acknowledges that {1} the PCC is an -
acceptable and qualified partner in satisfaction of the
requirements of Chapter 201E of the Hawaii Revised Statutes
{HRS}, and (2) the Pi'ihonua Camp area is a good and proper
choice for housing development and construction; and
WHEREAS, the preliminary subdivision plans submitted for
said Pi`ihonua Camp Conversion are attached hereto as "Exhibit
A"; and
WHEREAS, pursuant to Chapter 201E-210, HRS, the items
requested for preemption are attached as "Exhibit B"; and
WHEREAS, the existing camps are currently served by an
existing County roadway and County water system; and
WHEREAS, the existing homes are situated in a manner which .
makes it impossible to upgrade the road and water systems to
current subdivision standards without relocating or removing
occupied homes; and
WHEREAS, to enable the camps to stay intact, the OHCD is
proposing to utilize HRS 201E-210, which allows certain housing
projects to be exempt from certain laws and rules, provided the
County Council approve the project; and
WHEREAS, the Pi`ihonua Camp Conversion Project will promote
the goals contained in HRS 201E, HRS 46-15.1, and in Chapter 2,
Article 13, of the Hawaii County Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Pi`ihonua Camp Conversion Project site is
hereby approved according to the preliminary subdivision plans,
attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED, that, pursuant to Chapter 201E-210,
Hawaii Revised Statutes, the items requested for preemption, as
attached as "Exhibit B," are hereby approved.
BE IT FURTHER RESOLVED, that, upon compliance with
Chapter 23, the Subdivision Code, and/or code requirements QONO
IIbMt~H ~p ,~.
preempted pursuant to provisions of Chapter 201E-210, Hawaii
Revised Statutes, the preliminary subdivision plans for the
Pi`ihonua Camp Conversion Project site shall be granted final ~~ A13~3
subdivision approval.
BE IT FURTHER RESOLVED, that, pursuant to Chapter 201E-
210{a)(3){C), the Mayor shall be the responsible County official
who will certify maps and plans of .lands connected with .the
project as having complied with applicable laws and ordinances
relating to the subdivision of lands.
BE IT FURTHER RESOLVED, that copies of this resolution be
sent to the President of the Pi'ihonua Camp Corporation, the
Housing Administrator of the Office of Housing and Community
Development, and the Planning Director for the County of Hawaii.
Dated at Hilo, Hawaii, this 1st day of F brttarYr
1995.
INTRODUCED BY:
~~
COUNCIL MEMBER, COUNTY OF
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the [oregoing RESOLUTION was by the
vote indicated to the right hereof adopted byy the COUNCIL of
the County of Hawaii on February l , 1995
ROLL CALL VOTE
AYES NOES AHS EX
X
ATTEST:
~~~~
CO CLERK CHAIRMAN & PRESIDING OFFICER
X
Reference C-175
RESOLUTION NO. ~ ~ ~ ~
Due to its large size,
the map is on file in
the Clerks Office, and
is available for inspection.
(Referenced as Exhibit "A") •
Proposed Preemptions/Restrictions fvr Pi`ihonua Camp
Renovation/Conversion Project:
1. Preempt the existing Agricultural 20 acres (A-2Qa)
~.:, zoning for the proposed subdivision to Single-Family
Residential zoning (RS), with minimum building site
area for each proposed lot equal to the actual area of
each proposed lot, as shown on the proposed subdivision
map for the project, for the purpose of allowing the
creation of nonconforming lots around existing
infrastructure, dwellings and other structures.
2. Preempt the ohana provisions of the Zoning Code so as
to disallow ohana dwellings within the proposed
subdivision.
3. Preempt the water system requirements of the
Subdivision Code so as to allow the proposed
subdivision with the existing County water storage
system and transmission lines.
4. Preempt the roadway requirements of the Subdivision
Code so as to allow the proposed subdivision with a 40-
foot road right-of-way and the existing roadway
pavement width.
5. Prohibit any increase in density within the proposed
subdivision (with the exception of proposed lots on
which no dwellings are presently located), until
roadway, water transmission lines and other
improvements are completed to satisfy the requirements
of the appropriate County agencies and other
appropriate governmental agencies.
6. Preempt the front, side and rear yard setback
requirements of the Zoning Code so as to allow the
proposed lots with the front, side and rear yard
setbacks designated on the proposed subdivision map for
the project.
7. Prohibit the construction of any new structures, or
additions to existing structures, within the front,
side and rear yard setbacks designated on the proposed
subdivision map for the project.
8. Preempt the Subdivision Code's requirement that all
lots in a subdivision must front on a public or private
street.
9. Preempt the Zoning Cade's requirement which would
prohibit more than one single family dwelling per
building site to be located on proposed Lots 21 and 23;
Exhibit B
... ,..y._.. +
1
provided that one of the two dwellings on each of
Lots 21 and 23 must be removed within two years of
final subdivision approval of the proposed subdivision.
1a. Preempt the Zoning Code's requirement that no
structures straddle lot lines, with respect to all
~~ existing structures in the proposed subdivision that
straddle lot lines.
~.1. Preempt the Zoning Code's requirement of minimum
building site average width for lots within the
proposed subdivision.
~ ~
Pi~ihonua Camp Renovation/Conversion Project
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PRELIMINARY MAP
PIIHONUA CAMP 3
T.M.K.: 3rd DIV. 2--6-09
SCALE: 1 INCH = 200 FEET
Prepared Hy:
Hilo Engineering, Inc.
484 Kalanikoa Street
Hila, Hawaii 96720
July 8, 1994
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PRELIMINARY MAP
PIIHONUA CAMP 4
T,M.K.: 3rd DIV, 2-6-Og
SCALE: 1 INCH = 200 FEET
Prepared By:
Hilo Engineering, inc.
484 Kalanikoa Street
Hilo, Hawaii 96720
July 8, 1994
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PRELIMINARY MAP
PIIHONUA CAMP 5
T.M.K.: 3rd DIV. 2-6-09
SCALE: 1 INCH -= 200 FEET
Prepared By:
Hilo Engineering, inc.
484 Kalanikoa Street
. Hilo, Hawaii 9672Q
July 8, 1894
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AFFORDABLE HOUSING PROJECT' W COMPLIANCE WITH THE REQUIREMENTS
OF SECTIONS ~-15I AND 20E-2v. HfIVJ3II REIIIS?G STATUTEa
I J~P~ovAr s
(PURSUANT TO HA'A'All COUI~'IY COUNCIL Rc."~,OLUiION #35-95.)
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OFFICE OF EOUSlNG FU7D COb4dUNYR DEV9fAPb4aTf. COUNTY OF HAWAQ .
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Setback Table
Lot Na Lot Area Front Yard Roar Yaz,cl Side Yard Lot Na Lot Area Front Yazd Rear Yard Side Yard
Lot 1 H},295 Sq. Ft 15 ZO 10 Loi 1S 13,360 Sq. Ft 15 20 10
Lot 2 ll,922 Sq. Ft 15 20 10 Lot 16 8231 Sq. Ft ]5 15 8
Lot 3 13,026 Sq. Ft 15 20 10 Ir~t 17 10,810 Sq. Ft 15 ~ 1Q
Lot 4 10,(X~l Sq. Ft 15 20 lCl Lot 78 10,512 Sq. Ft ]5 20 10
Lot 5 26,139 Sq. Ft 15 25 1,5 Lot 19 7,643 Sq. Ft 1S 15 8
Lot 6 11,805 Sq. Ft 15 20 10 Lot 20 Q242 Sq. Ft 15 15 8
Lot 7 8,429 Sq. Ft 15 15 8 Lot 21 7J73 Sg FL l5 15 8
Lot 8 6.197 Sq. Ft 15 15 8 lAt 22 7,976 Sq. Ft 15 15 8
Lot 9 6,659 Sq. Ft 15 15 8 Lot 23 13,425 Sq. Ft 15 20 10
Lot t0 18,708 Sq. Ft 15 20 10 Lot 24 1Q704 Sq. Ft 15 20 10
Loi ll 13,037 Sq. Ft 20 20 10 Loi 25 13,8 SQ. Ft 20 20 10
Lot 12 10,173 Sq. Ft 20 20 t0 Int 26 33.]72 Sq. Ft 25 2$ jS
Lot 13 10,396 5G. Ft 20 20 10 Lot 27 15.962 Sq. Ft 20 20 l0
Lot 14 17778 Ft 20 20 ]0