The URL can be used to link to this page

Home My WebLink AboutCOM 1191.006 2006-2008 rr o~ k DONALD IKEDA ~J~'~ Phone No.; (808) 961-8261 y Fax No.; 80$ 961-8912 Council Member ( ) District 2 South Hilo E-mail: dikeda@co.hawaii.hi.us ~T~~OF ~N~'~ HA WAI `I CO UNT Y CO UNCIL County of Hawai `i Hawai `i County Building 25 Aupuni Street Hilo, Hawai `i 96720 ,yrM'M,"y Jy Y~ F Date: May 20, 2008 ~ ..~-j To: Pete Hoffmann, Chalr And Council Members ~ 1~ From: Donald Ikeda, Council Member ~ ,.~r Re: Proposed Amendment to Bill 292, Draft 2, Relating to an Ordinance to Arrrend O~inance No. 93-36, Which Reclassified Lands at TMK 2-4-8: Portions of 14 and 26 to Residential and Agricultural -1 Acre (RA-1 a) Attached please find proposed amendments to Bill 292, Draft 2, as discussed at the May 19, 2008 meeting of the Planning Committee and detailed in a memorandum from the planning director dated May 20, 2008, as attached. The proposed amendments are in Ramseyer format with respect to Bill 292, Draft 2, bolded for illustrative purposes, changes terms in existing Condition "D", adds terms in existing Condition "H", and reads as follows: "D. 'The [ ] Kawailani Street [ ]extension affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of way. [T~ese] This street ]extension shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. The portion of the Kupulau Street extension from Puainako Street to the southern property line shall be constructed to county dedicable standards meeting with the approval of the Department of Public Works, and shall serve as an additional ingress/egress for the subdivision..The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. and Puloku St. to the county at no cost." Condition "H" credits the cost of constructing the Kupulau St. extension against the fair share assessment for roads: "H. The applicant shall make its fair share contribution to mitigate the potential regional .impacts of the 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 i~a u' Rif. To:,.,,,,,,,~~'. 2~ def. Dane 1 Hawai `c County Is An Equal Opportunity Provider And Employer reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. 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 the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of $11,506.13 per single-family residential unit. The total amount shall be determined 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: A. $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities; B. $267.66 per single-family residential unit to the County to support police facilities; C. $528.66 per single-family residential unit to the County to support fire facilities; D. $231.45 per single-family residential unit to the County to support solid waste facilities; E. $4,929.90 per single-family residential unit to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvementslfacilitiesrelated toparks 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 agencies and approval of the County Council, provided that the cos=,onstructin~ the Kupulau St. ext_en„sion on the subject property, as provided in Condition "D", shall be credited a Lainst the fair share .for road and traffic improvements by the Planning Director after recei t~of satisfactory proof of the actual construction cost ,without further approval of the County Council;" A draft copy of Bi11292, Draft 3, is attached with the proposed amendment incorporated therein. D I : awm Att. ~ ~ ~ , ~ . • ~ r , ''~~~~~~77// ~ , ~~~...f. • f • ` . . • ~ . . ~ ' ~ Christo her J. Yuen . P Mayor Director • ~'~+'oi N'~~`, Brad Kurokawa ASLA LEED®AP Deputy Director- PLAN~G DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 (808) 961-8288 • FAX (808) 961-8742 c~ May 20, 2008 r ~ ~ ~.r~ ss~.y +wT~ ~.w. ~ ~ L ~ 1 }}i Honorable Pete Hoffmann Chair and Presiding Officer "~F and Members of the County Council ~ s ~r M1. COUNTY COUNCIL r~~ 1,•~ h+ VwAw 333 Kilauea Avenue, Second Floor Hilo, HI 96720 Dear Chair Hoffinann and Members of the County Council: SUBJECT: BILL 292 - HILO HILLSIDE REZONING TIME EXTENSION TO ORDINANCE 93-36 TAX MAP KEY: 2-4-008:014 -SUB 93-90 There was some discussion at the Planning Committee meeting on May 19th about a rewording of Condition "D"which would require the applicant to build the portion of the Kupulau extension on their property. Suggested wording is as follows, with new material underlined and in bold, and with material to be deleted in brackets: "D. The [Kupulau Street and] Kawailani Street extension[s] affecting the subject property shall be delineated on preliminary and final subdivision Tans to allow for a p right-of-way. This [These] street extension[s] shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. The portion of the Kupulau Street extension from Puainako Street to the southern ro er line shall be constructed to coup dedicable standards meeting with the approval of the Department of Public Works, and shall serve as an additional ingress/egress for the subdivision. The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. and Puloku St. to the county at no cost. " R Hawai `i County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 2 May 20, 2008 Condition "H" should be rewritten as follows so that the cost of constructing the Kupulau St. extension is credited against the fair share assessment for roads. The new material is bolded: "H. The applicant shall make its fair share contribution to miti ate the potential reg~' onal impacts of the 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 may be increased or reduced ro ortionall if the lot counts are ad'usted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five .ears from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as - - determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined bye Count Council. The fair share contribution ma be ad'usted annuall be 'nnin three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of $11,506.13 per sin le-family residential unit. The total amount shall be determined with the actual number of units accordin tg o the calculation and a ent rovisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: A. $5,548.46 per single-family residential unit to the Count, to support park and recreational improvements and facilities; B. $267.66 per single-family residential unit to the Coun _ to support police facilities; C. $528.66 er sin le-famil residential unit to the Count to su ort fire facilities; D. $231.45 per single-family residential unit to the County to support solid waste facilities; E. $4,929.90 per single-family residential unit to the County t__ o support road and traffic improvements; In lieu of paying the fair share contribution, the applicant mawcontribute land and/or construct im rovements/facilities related to arks and recreation fire olice solid waste disposal facilities and roads within there ,ion impacted bathe proposed develo ment, Honorable Pete Hoffinann Chair and Presiding Officer and Members of the County Council C OUNTY C OUNCIL Page 3 May 20, 2008 subi ect to the review and recommendation of the Planning Director, upon consultation with the a ro riate a encies and a royal of the Count Council rovided that the cost of constructing the Kupulau St. extension on the subiect property, as provided in Condition "D", shall be credited against the fair share for road and traffic improvements by the Planning Director after receipt of satisfactory proof of the actual construction cost, without further approval of the County Council". Sincerel CHRISTOPHER J. N Planning Director CJY:pak Wpwin60/Chris08 -Hoffmann -Hilo Hillside Amendments.doc cc: Department of Public Works Mr. James Lee SUB 93-90 TMK 2-4-8:14 AN ORDINANCE AMENDING ORDINANCE N0.93 36 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 20 ACRES (A-20a), AGRICULTURAL -10 ACRES (A-1 Oa), AND AGRICULTURAL - 3 ACRES (A-3a} TO RESIDENTIAL AND AGRICULTURAL -1 ACRE (RA- l a) AT KUKUAU 1ST, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-8:PORTIONS OF 14 AND 26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII; SECTION 1. Ordinance No. 93 36 is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kukuau 1St, South Hilo, Hawai ~ i, shall be Residential and Agricultural -1 acre (RA-1 a) "SECTION 2. [ ' ' In accordance with Section 25-2-44, Hawaii Count~Code 1983 (2005 Edition), the County Council finds the following_conditions are: Necessary to prevent circumstances which maybe adverse to the public r ` health, safety and welfare; or Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or 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. The required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [~~e~y] 180 days from the date of approval of the amended change of zone. The applicant shall pay installation and facilities char ' es as required byy t~partment of Water Supply including_payment ofthe entire pro-rata share for the off site improvements. c [ ' Final Subdivision Approval shall be secured within [ ' ' ' ' ' ]five years from the effective date of this amendment; D. The [ ] Kawailani Street [°~+°N n~ extension affecting the subj ect property shall be delineated on preliminary and final subdivision plans to allow for aright-of way. [Thee] This street [°v+°~~~^~~] extension shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. The portion of the Kupulau Street extension from Puainako Street to the southern property line shall be constructed to count, dedicable standards meeting with the approval of the Department of Public Works, and shall serve as an additional in r~ esslegress for the subdivision. The applicant shall dedicate the land area for the proposed Kupulau St. extension between Puainako St. and Puloku St. to the county at no cost. ~n;,, ^ n.~°,,,,° ,.^~~«r~~T r°nm°~~ t~r~,;,,~, . . . . -2- . , r . 7 ~ . 7 E. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau. of Conveyances likewise prior to final subdivision approval; F ~ ' ' ' ' ] To ensure that the oals and policies of the Housing Element of the General Plan are implemented, if applicable, the applicant shall comply with the requirements of Chapter 1 1, Article 1, Hawaii Count~Code relating to Affordable Housin Policy. This requirement shall -3- be approved by the Administrator of the Office of Housing and Community Development prior to receipt of final subdivision approval; [H.]G. Access to the development shall meet with the approval of the Department of Public Works. No lots shall have direct access from Puainako Street. [ ^ . . . > > , . . > > H. The applicant shall make its fair share contribution to mitigate the potential re ig onal impacts of the 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 counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this chap e of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the Count~ouncil. The fair share contribution may be adjusted annuall~be~innin~ three years after the effective date of the amendment to the ordinance, based on the percenta e change in the Honolulu Consumer Price -4- Index (HOPI}. The fair share contribution shall have a maximum combined value of $11,506.13 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and pa.~provisions set forth in this condition. The fair share contribution per sin le-family residential unit shall be allocated as follows: A. $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities; B. $267.66 per sin le-familXresidential unit to the County to support police facilities; C. $528.66 per single-family residential unit to the County to support fire facilities; D. $231.45 per single-family residential unit to the County to support solid waste facilities; E. $4,929.90 per single-family residential unit to the County to support road and traffic improvements; In lieu of paw the fair share contribution, the applicant may contribute land and/or construct improvementslfacilitiesrelated 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 Plannin Director, upon consultation with the appropriate agencies and approval of the County Council, provided that the cost of constructin , tg he Kupulau St. extension on the subi ect property as provided in Condition "D", shall be credited against the fair share for road and traffic improvements by the Planning Director after receipt of satisfactory proof of the actual construction cost, without further approval of the County Council; I. Drainage improvements shall meet with the approval of the Department of Public Works; J. The method of sewage disposal shall meet with the approval of the Department of Health; -5- K. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; L. [ ~ > > Comply with all applicable County, State and Federal laws, rules, regulations and requirements; M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, 0 [ . . > > R~~C~~Z1TtCi'~"~v'~~~ nl~rre ~ ~ ~'~~~-LII~iI~ ~ r~ n a ~ , Vr~ . 7 9 -6- 4) ' if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Plannin Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. 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. -7-