HomeMy WebLinkAboutCOM 1191.009 2006-2008
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DONALD IKEDA Phone No.: (808) 961-8261
Council Member Fax No.: (808) 961-8912
District 2 South Hilo ° • E-mail: dikeda@co.hawaii.hi.us
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N
HAWAII COUNTY COUNCIL
County of Hawai `i ! c
Hawai'i County Building
25Aupuni Street
Hilo, Ha vai `i 96720
Date: August 8, 2008 ca i
To: Pete Hoffmann, Chair
And Council Members
From: Donald Ikeda, Council Member
Re: Proposed Amendments to Bill 292, Draft 3, As Amended, Relating to an Ordinance to
Amend Ordinance 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 3. The proposed amendments are in
Ramseyer format with respect to Bill 292, Draft 3, bolded for illustrative purposes, change terms in
existing Conditions "B" and "C", correct and add terms in existing Condition "H", and read as follows:
Condition "B" is changed to reflect language requested by the Department of Water Supply (see
attached memorandum from Department of Water Supply):
`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 180 days from the date of approval of the amended change of zone. The
applicant shall pay installation and facilities charges as required by the Department of
Water Supply li -.hiding p^_ ment of the entire . -ata share for- the off site
Condition "C" is changed to include language to ensure completion of the Kupulau Street Extension:
"C. Final Subdivision Approval shall be secured within five years from the effective date
of this amendment, provided further, that for the construction of the Kuimlau Street
extension, final subdivision approval shall be granted upon the developer posting a
construction bond of $3.5 million, after it has been determined by the Planning
Comrrm No. V.
Ref. To..,
Ref. Date 'pllf; 1 A
Hawat`i County Is An Equal Opportunity Provider And Employer
August 8, 2008
Page 2 of 3
Director, in consultation with the Department of Public Works, that the topography
allows the construction of the Kupulau Street extension without significant changes
to the construction plans for the remaining subdivision infrastructure, and that
upon approval of firm construction estimates for the Kupulau Street extension, the
bond amount shall be increased or decreased accordingly;"
Condition "H" corrects the type of approval necessary, and 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 may be increased or
reduced proportionally if the lot counts are adjusted. The fair share contribution shall
become due and payable prior to receipt of Final [P4anl Subdivision 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 (HCPI). 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;
August 8, 2008
Page 3 of 3
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 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 agencies and approval of the County Council,[nr°°iaed that the east ,.P
eonstreeting the Kupulau St. extension on the subjeet pFoper-ty, as provided in
Condition "W'f shall be er-edited against the fair- share for- road and tFaffi.,.
without improvements by the Planning Dir-eeter- after reeeipt of satisfaetor-y proof of the ae
provided however,
that the estimated cost of constructing the Kupulau Street extension on the subiect
property in the amount of $3.5 million as provided in Conditions "C" and "D", shall be
credited to offset the full amount of the fair share for road and traffic improvements by
the Planning Director, without further approval of the County Council;"
A draft copy of Bill 292, Draft 4, is attached with the proposed amendments incorporated therein. The
draft copy is in Ramseyer format with respect to Ordinance No. 93-36.
DI:awm
Att.
of WATEq'.B
44 ` GA<
q yt.
f9 tl
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
345 KEKOANA6'A STREET, SUITE 20 • HILO, HAWAI'l 96720
-OFgAy;jj
TELEPHONE t808) 961-6050 • FAX (8087961-8657
June 30, 2008
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: BILL NO. 292 DRAFT 3 TO AMEND ORDINANCE NO. 93 36
We have been informed of the subject bill and have comments to the proposed changes to Section
2-Condition B.
Please reference our memorandum to you of December 21, 2006, for Subdivision Application No.
93-90, these requirements still stand. The pro-rata share for the off-site improvements is not applicable
for this subdivision.
Please amend Condition B as follows:
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 [ninety] 180 days from the date of approval of the amended change of zone.
The applicant shall Pav installation and facilities charges as required by the
Department of Water Supply.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Since ly yours,
r
Milto Pavao, P.E.
Man ger
RQ:dfg
copy - Carlsmi.th Ball, LLP
Water brinty-J procgreds...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DO 20250-9410. Or call (202) 720-5964 (voice and TDD) -
AN ORDINANCE AMENDING ORDINANCE NO. 93 36 WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL - 20 ACRES (A-20a), AGRICULTURAL - 10 ACRES (A-10a),
AND AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - 1
ACRE (RA-la) 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 1-1-4] 25-8-33, Article [3] 8, Chapter 25 (Zoning Code) of the
Hawai'i 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 Is`, South Hilo,
Hawai°i, shall be Residential and Agricultural - 1 acre (RA-1 a):
"SECTION 2. [This
In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the Count
Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
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. 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 [ninety] 180 days from the date of approval of the amended
change of zone. The applicant shall pay installation and facilities charges as required
by the Department of Water Supply;
C. [Subdivision plans for the pfopesed developfnent shall bi-, suh-m-itte'd to the Planning
Department within e year f em the °Ne five date of the ehang" e fzeii. ] Final
Subdivision Approval shall be secured within [
Approval] Teniafive Subdivision five years from the effective date of this
amendment, provided further, that for the construction of the Kupulau Street
extension, final subdivision approval shall be granted upon the developer posting a
construction bond of $3.5 million, after it has been determined by the Planning
Director, in consultation with the Department of Public Works, that the topography
allows the construction of the Kupulau Street extension without significant changes to
the construction plans for the remaining subdivision infrastructure, and that upon
approval of firm construction estimates for the Kupulau Street extension, the bond
amount shall be increased or decreased accordingly;
D. The [Saddle , Kxgulati Street and ]Kawailani Street
[e-s] extension affecting the subject property shall be delineated on
preliminary and final subdivision plans to allow for a right-of-way. [These] This
street [extensions] 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. [
affeets the subject «e..t., shall be a nstFdeted to e ,nty dedieable standards
meeting with the approval of the Department of Publie 17 er4is prier to the
isstiaiiee o f Final Subdivision n pproyal f 'the prepesed .1.,,.elep.,eR4 The cast o
the re.,,1.. ay extension : ents shell be beme by the appheant and shall be
..e.lite.l And limited to the a .nt e f the apphe..«t+s Caif share eent..b„tie« for real
2
and 4rnffe i a` :fir: ...aaa.-aa.s hi lieu of the aettW a ns4i%eti ,.n of the re dJ...d,., e3 4eftse
and aa..aaaa, eni
is the a plie nt inay eleet. to en4wer ink) n ve e.. t. with the Count..
e w va ,
together-with the n „te fiend ret., fiend a ather 'ty deemed aeeeptable
by the Planning Direete. for- theen..t«..etien of the said re d wa., extensia
yyty~~ 4e,
ro~T
..is
f~. inR r eet____ _-r_'_ _ r e _ e..4,,.., 'nelud:ng . the design and ....nstruvtie n of traffnv -.ris.iisru
i a .-.x
and felated impfevements other than ehannelization, shall be installed at the Kakwu
Works by my 1994; and :"4erseet:en enter, inelud ing the design and
J J e
eaftstmetion of tfaffie signals and related improvements shall be ifislalled at the
lien .neeting with the e al of the Department
of .etien of the Mel.ouli/A:.. aka read7.. a
of . Works in .,.y,..aa...a„aa with the ,,aa.,aaaa.,aa.,aa .,a the ..avaa.,.,a-.,,zaaau..v a„na~..xy
extefisien;j
[E-] 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;
[G-.]F [Td. ..st e fhat the e als and eli. ies of the Housing Eleaa efA of the General Plan are
implemented, the appliean4 shall seettre the eeaeufrenee of the Go" Rettsin
AgeneJ.,e upon !her end alien of 4he Offee of Housing an Comm .n:t.,
b
Doyelopme„te that the appheant's af-rd able homing red.,.: en4,.e if any, hm,e bee..
fWfilled prior to the issuanee of final subdivision approval To ensure that the goals
and policies of the Housing Element of the General Plan are implemented, if
applicable, the applicant shall comply with the requirements of Chanter 11, Article 1,
Hawaii County Code relating to Affordable Housing 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;
[14.]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. [Aeeess !a !he
proposed ehoul: Stfee"e n:nake ven..e in wh:eh the roadway segfnefA between
Kttk..au Street end the D..n h. wai golf eourse's souffierly boundafy shall he
eenstfueted by then pl:..ant te a .nt.. dedieable standards • p te the length adjoining
the n,.nah...... i golf ne••rae>s sauther4y 1s' tmdar. provided that the ren.7
improvements of theproposed D..n h...,ai golf ee..rse have e e •ed final approval
end +11e read : enter ha-ve been bonded in the event that the p se'
Yanahawai golf eoufse deyelepRie„t 'lees not eenae to f .:tier the ..ppl:eant shall
provide, in of the a .....nty dedieable roadway sebi ,.au e...t adjoining th
»......b the .v»»..»~ w...czg the
golf ee..rse's southerly boundary, a eentributien of three hundred the..sand dollars-
($300,000).]
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 may be increased
or reduced proportionally if the lot counts are adjusted. The fair share contribution
shall become due and payable prior to receipt of Final Subdivision 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 (HCPI). The fair share contribution shall have a maximum
combined value of $11,506.13 per single-family residential unit. The total amount
4
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 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 agencies and approval of the County Council,
provided however, that the estimated cost of constructing the Kupulau Street
extension on the subject property in the amount of $3.5 million as provided in
Conditions "C" and "D", shall be credited to offset the full amount of the fair share
for road and traffic improvements by the Planning Director, without further approval
of the County Council;
1. 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;
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,
5
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. [All other- applicable laws «,.les « gulatiens and «e entn shall be a nlw
with] 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. [
b«
n..,te.7 by the Planning Di«eet..« upon the F 11,..Ang e ..,ntaneen.
1) the n er f """""'e in the «esult of editions that ,.,...1.7 not han.,e been
C ..,.seen e e beyond the eofi4el of the plieent s
n
and that a e not the result of their fault e eglive....e.
2) granting of the time extension would not be raontnny to the Gene«,.1 Dl..n
or the Zoning Code-,
7\ granting of the time evtensi Ren, uld net he eentrary to the original
reasens for- amine of the ehange of zone•
6
4) the tifne extension arced shall be for a e ed not to a ee the period-
-A41iia ene year may be &Aended for- up to one yeaf); and
-)J if the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the Plannine
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